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Person v. Astrue

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Aug 17, 2011
Civil Action No. 11-cv-01492-AP (D. Colo. Aug. 17, 2011)

Opinion

Civil Action No. 11-cv-01492-AP

08-17-2011

FRANCES PERSON, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.

For Plaintiff : Chris R. Noel For Defendant : John F. Walsh United States Attorney Kevin T. Traskos Civil Chief Assistant United States Attorney District of Colorado William G. Pharo Assistant United States Attorney District of Colorado Stephanie Lynn F. Kiley Special Assistant United States Attorney Office of the General Counsel Social Security Administration


JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES

1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff:

Chris R. Noel For Defendant:

John F. Walsh

United States Attorney

Kevin T. Traskos

Civil Chief

Assistant United States Attorney

District of Colorado

William G. Pharo

Assistant United States Attorney

District of Colorado

Stephanie Lynn F. Kiley

Special Assistant United States Attorney

Office of the General Counsel

Social Security Administration
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. Date Complaint was filed: June 7, 2011
B. Date Complaint was served on U.S. Attorney's Office: June 10, 2011
C. Date Answer and Administrative Record were filed: August 9, 2011
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Plaintiff states: the record cannot be vouched for until after Plaintiff's opening brief is finally drafted and filed.
Defendant states: to the best of his knowledge, the administrative record is complete and accurate.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Plaintiff will move to supplement and/or correct the record if it is defective, missing evidence, or does not contain evidence that was submitted administratively but may have inadvertently been left out of the record.
Defendant will consider and respond to any motion filed by Plaintiff as appropriate.
6. STATEMENT REGARDING WHETHER THIS CASES 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

The parties respectfully request the following briefing schedule:

A. Plaintiff's opening brief due October 10, 2011
B. Defendant's response brief due November 9, 2011
C. Plaintiff's reply brief due November 24, 2011
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff does request oral argument if only to clarify the issues or at the behest of the court.
B. Defendant does not request oral argument.
10. 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 DC. COLO.L.CivR. 7.1(C) BY SUBMITTING PRROF 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.

BY THE COURT:

John L. Kane

U.S. DISTRICT COURT JUDGE
APPROVED:

Chris R. Noel

JOHN F. WALSH

United States Attorney

KEVIN T. TRASKOS

Civil Chief

Assistant United States Attorney

District of Colorado

WILLIAM G. PHARO

Assistant United States Attorney

Stephanie Lynn F. Kiley

Special Assistant United States Attorney

Office of the General Counsel

Social Security Administration


Summaries of

Person v. Astrue

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Aug 17, 2011
Civil Action No. 11-cv-01492-AP (D. Colo. Aug. 17, 2011)
Case details for

Person v. Astrue

Case Details

Full title:FRANCES PERSON, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Aug 17, 2011

Citations

Civil Action No. 11-cv-01492-AP (D. Colo. Aug. 17, 2011)