Price v. Astrue
Filing
8
Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 1/18/2010. SS Defendants Brief due by 2/11/2010. SS Plaintiffs Reply Brief due by 2/25/2010, by Judge John L. Kane on 11/2/09. (gmssl, )
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01836-AP Tammy L. Price, Plaintiff, v. MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant.
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES 1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff:
Rick P. Sauer 700 Macon Ave. Caņon City, CO 81212 Telephone: 719/275-7591 FAX: 719/275-6165 E-mail: rps@bresnan.net
For Defendant: David J. Gaouette United States Attorney Kevin Thomas Traskos Assistant U.S. Attorney Kevin.Traskos@usdoj.gov Allan Berger Special Assistant U.S. Attorney 1961 Stout St., Suite 1001A Denver, CO 80294 Telephone: (303) 844-2149 Fax: (303) 844-0770 allan.berger@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 USC 405(g).
3. DATES OF FILING OF RELEVANT PLEADINGS A. B. C. Date Complaint Was Filed: 8/3/2009. Date Complaint Was Served on U.S. Attorney's Office: 8/14/09. Date Answer and Administrative Record Were Filed: 10/13/09.
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD Plaintiff states: Although Plaintiff's counsel will thoroughly review the Record, the accuracy and completeness of the Administrative Record cannot be ascertained until after Plaintiff's final opening brief is finally drafted and filed. Defendant states: To the best of his knowledge, the record is complete. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE Plaintiff states: See paragraph four above. Defendant states: None anticipated. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES Plaintiff states: This case involves no unusual claims. Defendant states: This case does not involve unusual claims or defenses. 7. OTHER MATTERS Plaintiff states: The record appears to be complete, but a final position by Plaintiff cannot be determined until the final draft of his opening brief is filed. Defendant states: To the best of his knowledge, there are no other matters.
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8. BRIEFING SCHEDULE A. Plaintiff's Opening Brief Due: 1/18/10 B. Defendant's Response Brief Due: 2/11/10 C. Plaintiff's Reply Brief Due: 2/25/10 Plaintiff's counsel will be out of the office beginning in late November and not return until the end of December. For that reason, the parties request Plaintiff's brief be due on January 18, 2010. 9. STATEMENTS REGARDING ORAL ARGUMENT A. B. Plaintiff's Statement: Oral Argument is not requested. Defendant's Statement: Oral Argument is not requested.
10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE A. B. ( ) All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge. (X) 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 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 2nd day of November, 2009. BY THE COURT: S/John L. Kane U.S. DISTRICT COURT JUDGE
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APPROVED:
s/ Rick P. Sauer____________ Rick P. Sauer 700 Macon Ave. Caņon City, CO 81212 Telephone: 719/275-7591 FAX: 719/275-6165 E-mail: rps@bresnan.net
David M.. Gaouette United States Attorney Kevin Thomas Traskos Assistant U.S. Attorney Kevin.Traskos@usdoj.gov s/ Allan Berger Allan Berger Special Assistant U.S. Attorney 1961 Stout St., Suite 1001A Denver, CO 80294 Telephone: (303) 844-2149 Fax: (303) 844-0770 allan.berger@ssa.gov Attorneys for Defendant
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