Jahnke v. Astrue

Filing 9

Joint Case Management Plan. SS Plaintiffs Brief due by 4/2/2013. SS Defendants Brief due by 5/2/2013. SS Plaintiffs Reply Brief due by 5/17/2013, by Judge John L. Kane on 2/22/13. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02947-AP
JASON B. JAHNKE,
Plaintiff,
v.
CAROLYN W. COLVIN,1
Commissioner of Social Security,
Defendant.

JOINT CASE MANAGEMENT PLAN

1.

APPEARANCES OF COUNSEL AND PRO SE PARTIES

For Plaintiff:
KENNETH J. SHAKESHAFT
Shakeshaft Law Firm
1935 Jamboree Drive
Suite 202
Colorado Springs, CO 80920
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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

1

Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14,
2013. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin
should be substituted for Michael J. Astrue as the defendant in this suit. No further action
need be taken to continue this suit by reason of the last sentence of section 205(g) of the
Social Security Act, 42 U.S.C. § 405(g).

Fax: [phone]
Email: [e-mail]
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: December 3, 2012

C.

4.

Date Complaint Was Filed: November 9, 2012

Date Answer and Administrative Record Were Filed: February 1, 2013

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

This case is not on appeal from a decision issued on remand from this Court.

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8.

BRIEFING SCHEDULE

Counsel for both parties agree to the following proposed briefing schedule:

A.
B.

Defendant’s Response Brief (If Any) Due: May 2, 2013

C.
9.

Plaintiff's Opening Brief Due: April 2, 2013

Plaintiff’s Reply Brief (If Any) Due: May 17, 2013

STATEMENTS REGARDING ORAL ARGUMENT

A.

B.

10.

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

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

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
Indicate below the parties' consent choice.
A.

B.

11.

(

)

(X)

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

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.

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DATED this 22nd day of February, 2013.
BY THE COURT:
s/John L. Kane

U.S. DISTRICT COURT JUDGE

APPROVED:
s/Kenneth J. Shakeshaft
KENNETH J. SHAKESHAFT
Shakeshaft Law Firm
1935 Jamboree Drive
Suite 202
Colorado Springs, CO 80920
Telephone: [phone]
Email: [e-mail]
Attorney for Plaintiff

JOHN F. WALSH
United States Attorney
District of Colorado
J. BENEDICT GARCÍA
Assistant United States Attorney
Email: [e-mail]
By: s/ Sara Pappas Bellamy
SARA PAPPAS BELLAMY
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, CO 80202
Telephone: [phone]
Email: [e-mail]
Attorneys for Defendant

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