Sutherland v. Astrue

Filing 13

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 11/19/2012. SS Defendants Brief due by 12/19/2012. SS Plaintiffs Reply Brief due by 1/3/2013, by Judge John L. Kane on 10/10/12. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:12-cv-1890-AP
ADAM K. SUTHERLAND,
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:
Katherine E. McClure, Esq.
Benjamin T. Kennedy, Esq.
Sawaya, Rose, Kaplan, & McClure, P.C.
1600 Odgen Street
Denver, CO 80218
Telephone [phone]
[e-mail]
[e-mail]

For Defendant:
JOHN F. WALSH
United States Attorney
District of Colorado
J. BENEDICT GARCÍA
Assistant United States Attorney
[e-mail]
DAVID BLOWER
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, CO 80202
Telephone[phone]
[e-mail]

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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: July 23, 2012

C.

4.

Date Complaint Was Filed: July 20, 2012

Date Answer and Administrative Record Were Filed: September 21, 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.

5.

STATEMENT REGARDING ADDITIONAL EVIDENCE

The parties do not anticipate submitting additional evidence.

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 unusual claims or
defenses.

7.

OTHER MATTERS
There are no other matters anticipated.

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8.

BRIEFING SCHEDULE
Counsel for both parties agree to the following proposed briefing schedule:
A.
B.

Defendant=s Response Brief Due: December 19, 2012

C.

9.

Plaintiffs Opening Brief Due: November 19, 2012

Plaintiffs Reply Brief (If Any) Due: January 3, 2013

STATEMENTS REGARDING ORAL ARGUMENT
A.
B.

10.

Plaintiffs Statement: Plaintiff does not request oral argument.
Defendant=s Statement: Defendant does not request oral argument

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE

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

11.

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 10th day of October, 2012.
BY THE COURT:

s/John L. Kane
_________
U.S. DISTRICT COURT JUDGE

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APPROVED:
s/ Benjamin T. Kennedy
Katherine McClure
Benjamin T. Kennedy
Sawaya, Rose, Kaplan, & McClure, P.C.
1600 Odgen Street
Denver, CO 80218
Telephone [phone]
[e-mail]
[e-mail]
Attorney for Plaintiff

JOHN F. WALSH
United States Attorney
District of Colorado
J. BENEDICT GARCÍA
Assistant United States Attorney
[e-mail]
By: s/David Blower
David Blower
Special Assistant United States Attorney
1001 Seventeenth Street
Denver, Colorado 80202
Telephone [phone]
[e-mail]
Attorneys for Defendant.

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