Apodaca v. Astrue

Filing 13

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 1/14/2013. SS Defendants Brief due by 2/13/2013. SS Plaintiffs Reply Brief due by 2/28/2013, by Judge John L. Kane on 11/30/12. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02508-AP
Louis Apodaca,
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:
Paul Radosevich, Esq.
1621 York Street
Denver, Colorado 80206
303-377-1300
[e-mail]
For Defendant:
Stephanie Lynn F. Kiley
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, Colorado 80202
[phone]
[e-mail]

John F. Walsh
United States Attorney
J.B. García
Assistant United States Attorney
District of Colorado

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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: September 24, 2012

C.

4.

Date Complaint Was Filed: September 21, 2012

Date Answer and Administrative Record Were Filed: November 19, 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

Neither party intends to submit additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR
DEFENSES
The parties, to the best of their knowledge, do not believe the cases 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.

Plaintiff's Opening Brief Due: January 14, 2013

B.

Defendant’s Reply Brief (If Any) Due: February 13, 2013

C.

Plaintiff’s Reply Brief (If Any) Due: February 28, 2013

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9. STATEMENTS REGARDING ORAL ARGUMENT
A.

Plaintiff's Statement: Plaintiff does not request oral argument.

B.

Defendant's Statement: Defendant does not request oral argument.

10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
Indicate below the parties' consent choice.
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.
DATED this 30th day of November, 2012.
BY THE COURT:
s/John L. Kane

U.S. DISTRICT COURT JUDGE

APPROVED:

John F. Walsh
UNITED STATES ATTORNEY

/s/ Paul Radosevich

/s/ Stephanie Lynn F. Kiley

Paul Radosevich
1621 York Street
Denver, Colorado 80206
Telephone: [phone]
[e-mail]
Attorney for Plaintiff

By: Stephanie Lynn F. Kiley
Special Assistant U.S. Attorney
1001 17th Street, 6th Floor
Denver, Colorado 80202
[e-mail]
Attorneys for Defendant
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