Dean v. Astrue

Filing 11

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 11/28/2012. SS Defendants Brief due by 1/4/2013. SS Plaintiffs Reply Brief due by 1/18/2013, by Judge John L. Kane on 10/19/12. (sgrim)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CIVIL ACTION NO. 12-cv-01851-AP DOROTHY M. DEAN, 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: KENNETH J. SHAKESHAFT Shakeshaft Law Firm 1530 S. Tejon St. Colorado Springs, CO 80905 Telephone: 719-635-5886 office@shakeshaftlawfirm.com For Defendant: JOHN F. WALSH United States Attorney 1 J. BENEDICT GARCIA Assistant United States Attorney United States Attorney's Office District of Colorado DANIEL E. BURROWS Special Assistant United States Attorney Social Security Administration , Region VIII Office of General Counsel 1001 Seventeenth Street Denver, CO 80202 Telephone: 303-844-7356 daniel.burrows@ssa.gov 2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION The Court has jurisdiction based on 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: 08/02/12 C. 4. Date Complaint Was Filed: 07/17/12 Date Answer and Administrative Record Were Filed: 10/01/12 STATEMENT REGARDING THE ADEQUACY OF THE RECORD The parties, to the best of their knowledge, state that the administrative record is complete and accurate. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE Neither party intends to submit additional evidence. 2 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES The parties, to the best of their knowledge, do not believe the case raises unusual claims or defenses. 7. OTHER MATTERS The parties have no other matters to bring to the attention of the court. 8. BRIEFING SCHEDULE A. 11/28/12 B. Defendant's Response Brief Due: 01/04/13 C. 9. Plaintiff's Opening Brief Due: Plaintiff's Reply Brief (If Any) Due: 01/18/13 STATEMENTS REGARDING ORAL ARGUMENT A. Plaintiff's Statement: B. Defendant's Statement: 10. Plaintiff does not request oral argument. Defendant does not request oral argument. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE A. ( ) All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge. B. (X) All parties have not consented to the exercise of jurisdiction of a United States Magistrate Judge. 11. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN 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 The parties agree that the Joint Case Management Plan may be altered or amended only upon a showing of good cause. 3 DATED this 19th day of October, 2012 . BY THE COURT s/John L. Kane U.S. DISTRICT COURT JUDGE APPROVED: UNITED STATES ATTORNEY s/ Kenneth J. Shakeshaft KENNETH J. SHAKESHAFT Shakeshaft Law Firm 1530 S. Tejon St. Colorado Springs, CO 80905 Telephone: 719-635-5886 office@shakeshaftlawfirm.com Attorney for Plaintiff s/ Daniel E. Burrows BY: DANIEL E. BURROWS Special Assistant United States Attorney 1001 17th Street Denver, Colorado 80202 Telephone: (303) 844-356 daniel.burrows@ssa.gov Attorney for Defendant 4

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