Cross v. Astrue

Filing 11

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 11/13/2012. SS Defendants Brief due by 12/13/2012. SS Plaintiffs Reply Brief due by 12/28/2012, by Judge John L. Kane on 10/1/12. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-01766-AP
ANDY E. CROSS,
Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security,
Defendant.
______________________________________________________________________________
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
______________________________________________________________________________

1.

APPEARANCES OF COUNSEL AND PRO SE PARTIES

For Plaintiff:

For Defendant:

Alan M. Agee, Esq.
Alan M. Agee, P.C.
512 S. 8th Street
Colorado Springs, CO 80905
[phone]
[phone] (fax)
[e-mail]

Jessica Milano
Special Assistant United States Attorney
Assistant Regional Counsel
Office of the General Counsel
Social Security Administration
1001 17th Street
Denver, CO 80202
[phone]
[phone] (fax)
[e-mail]

2.

STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION

This is an appeal of a Social Security benefits application. The Court has jurisdiction pursuant to
section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

3.

DATES OF FILING OF RELEVANT PLEADINGS
A.
B.

Date Complaint was Served on U.S. Attorney’s Office: July 12, 2012

C.

4.

Date Complaint Was Filed:

July 9, 2012

Date Answer and Administrative Record Were Filed: September 11, 2012

STATEMENT REGARDING THE ADEQUACY OF THE RECORD

The parties, to the best of their knowledge, state that the administrative record is complete and
accurate. See paragraph 5 below.

5.

STATEMENT REGARDING ADDITIONAL EVIDENCE

Neither party intends to submit additional evidence, (unless upon review of the record during the
briefing schedule it is determined that there are records missing from the administrative record that
have previously been received by the Agency).

6.

STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS
OR DEFENSES

The parties, to the best of their knowledge, do not believe this case raises any unusual claims or
defenses.

7.

OTHER MATTERS

The parties have no other matters to bring to the attention of the Court.

8.

BRIEFING SCHEDULE

Counsel for both parties conferred and agreed upon the following proposed briefing schedule:
A.

Plaintiff’s Opening Brief:

November 13, 2012

B.

Response Brief due:

December 13, 2012

C.

Reply Brief due:

December 28, 2012

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9.

STATEMENTS REGARDING ORAL ARGUMENT
A.
B.

10.

Plaintiff’s Statement: Plaintiff requests oral argument.
Defendant’s Statement: Defendant does not request oral argument.

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
A.

B.

11.

( )
All parties have consented to the exercise of jurisdiction of a United States
Magistrate Judge.
( X ) All parties have not consented to the exercise of jurisdiction of a United
States Magistrate Judge.

OTHER MATTERS

THE PARTIES FILING MOTIONS FOR EXTENSION OF TIME OR CONTINUANCES MUST
COMPLY WITH D.C.COLO.LCivR 7.1(C) BY SUBMITTING PROOF THAT A COPY OF THE
MOTION HAS BEEN SERVED UPON THE MOVING ATTORNEY’S CLIENT, ALL
ATTORNEYS OF RECORD, AND ALL PRO SE PARTIES.

12.

AMENDMENTS TO JOINT CASE MANAGEMENT PLAN

The parties agree that the Joint Case Management Plan may be altered or amended only upon
a showing of good cause.
DATED this 1st day of October, 2012.
BY THE COURT:
s/John L. Kane ____________
U.S. DISTRICT COURT JUDGE

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APPROVED:
s/ Jessica Milano for
Alan M. Agee, Esq.
Alan M. Agee, P.C.
512 S. 8th Street
Colorado Springs, CO 80905
[phone]
[phone] (fax)
[e-mail]

JOHN F. WALSH
United States Attorney

Attorney for Plaintiff

s/ Jessica Milano
Jessica Milano
Special Assistant United States Attorney
1001 17th Street
Denver, CO 80202
[phone]
[phone] (fax)
[e-mail]

(SIGNED PER ELECTRONIC
AUTHORIZATION)

WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney's Office
District of Colorado

Attorneys for Defendant

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CERTIFICATE OF SERVICE
I hereby certify that on October 1, 2012, I electronically filed the foregoing “Joint Case
Management Plan for Social Security Cases” with the with the Clerk of Court using the

CM/ECMF system which will send notification of such filing to the following e-mail
address(es):
[e-mail] (Plaintiff’s counsel)
[e-mail]
[e-mail]
[e-mail]

s/ Jessica Milano
Office of the General Counsel
Social Security Administration

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