Rustad v. Astrue

Filing 11

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 4/1/2013. SS Defendants Brief due by 5/1/2013. SS Plaintiffs Reply Brief due by 5/16/2013, by Judge John L. Kane on 2/14/13. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge John L. Kane
Civil Action No. 12-cv-3117-AP
JOHN RUSTAD,
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:
Chris R. Noel
3000 Pearl Street, #212
Boulder, Colorado 80301-2431
303-449-6503
[e-mail]

For Defendant:
John F. Walsh
United States Attorney
J. Benedict Garcia
Assistant United States Attorney
District of Colorado
Michael S. Howard
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street,
Denver, Colorado 80202
[phone]
[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.
C.

4.

Date Complaint was filed:
Date Complaint was served on U.S. Attorney’s Office:
Date Answer and Administrative Record were filed:

November 29, 2012
November 30, 2012
January 29, 2013

STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Plaintiff states that the administrative record is presumed to be complete.
Defendant, to the best of his knowledge, states that the administrative record is complete
and accurate.

5.

STATEMENT REGARDING ADDITIONAL EVIDENCE
Plaintiff states that additional evidence may be required depending on what a review of
the record reveals.
Defendant does not intend to submit additional evidence. In the event Plaintiff seeks to
supplement the record, Defendant requests an opportunity to review the additional
evidence and an opportunity to respond to Plaintiff’s request to supplement the record.

6.

STATEMENT REGARDING WHETHER THIS CASES RAISES UNUSUAL CLAIMS
OR DEFENSES
Plaintiff states there are no unusual claims.
Defendant, to the best of his knowledge, does 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. This case is not
on appeal from any other remanding court.

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8.

BRIEFING SCHEDULE
The parties respectfully request the following briefing schedule:
A.
B.
C.

9.

April 1, 2013
May 1, 2013
May 16, 2013

STATEMENTS REGARDING ORAL ARGUMENT
A.
B.

10.

Plaintiff’s opening brief due
Defendant’s response brief due
Plaintiff’s reply brief due

Plaintiff does not request oral argument.
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.L.CivR. 7.1(C) BY
SUBMITTING PROOF THAT A COPY OF THE MOTION HAS BEEN SERVED
UPON 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 14th day of February, 2013.
BY THE COURT:

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

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APPROVED:
s/Chris R. Noel
Chris R. Noel
3000 Pearl Street, #212
Boulder, Colorado 80301-2431
303-449-6503

JOHN F. WALSH
United States Attorney
J. Benedict Garcia
Assistant United States Attorney
District of Colorado
s/Michael S. Howard
Michael S. Howard
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, Colorado 80202
[phone]

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