IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02322-AP

______________________________________________________________________________

DANIEL O. ALVARAN,

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: For Defendant:

Patrick C.H. Spencer, II John F. Walsh

Attorney for Plaintiff United States Attorney

830 Tenderfoot Hill Road, Suite 320

Colorado Springs, CO 80906 Kevin T. Traskos

(719) 632-4808 Deputy Civil Chief

Patrick@2spencers.com United States Attorney’s Office

District of Colorado

William G. Pharo

United States Attorney Office

District of Colorado

Michael Howard

Special Assistant United States Attorney

Office of the General Counsel

Social Security Administration

1001 17th St.

Denver, Colorado 80202

(303) 844-7192

Michael.howard@ssa.gov

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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. Date Complaint was filed: September 2, 2011

B. Date Complaint was served on U.S. Attorney’s Office: September 16, 2011

C. Date Answer and Administrative Record were filed: November 14, 2011

4. 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 intend to submit additional evidence.

6. STATEMENT REGARDING WHETHER THIS CASES RAISES UNUSUAL CLAIMS

OR DEFENSES

The parties, to the best of their knowledge, do not believe the case raises unusual claims

or defenses.

7. OTHER MATTERS

The parties have no other matters to bring to the attention of the Court.

8. PROPOSED BRIEFING SCHEDULE

The parties respectfully request the following briefing schedule. Plaintiff’s attorney has

several deadlines including hearings and a Tenth Circuit appellate brief, which would

greatly hinder his ability to prepare the opening brief within 40 days of the filing of this

Joint Case Management Plan.

A. Plaintiff’s opening brief due: January 30, 2012

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B. Defendant’s response brief due: February 29, 2012 

C. Plaintiff’s reply brief (if any) due: March 15, 2012

9. STATEMENTS REGARDING ORAL ARGUMENT

The parties do not request oral argument.

10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE

The parties consent 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 6th day of December, 2011.

s/John L. Kane 

SENIOR U.S. DISTRICT JUDGE

APPROVED:

/s/ Patrick C.H. Spencer, II

Patrick C.H. Spencer, II John F. Walsh

Attorney for Plaintiff United States Attorney

830 Tenderfoot Hill Road, Suite 320

Colorado Springs, CO 80906 Kevin T. Traskos

(719) 632-4808 Deputy Civil Chief

Patrick@2spencers.com United States Attorney’s Office

District of Colorado

William G. Pharo

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United States Attorney Office

District of Colorado

/s/ Michael S. Howard

Michael S. Howard

Special Assistant United States Attorney

Office of the General Counsel

Social Security Administration

1001 17th St.

Denver, Colorado 80202

(303) 844-7192

Michael.howard@ssa.gov

Attorneys for Defendant

CERTIFICATE OF SERVICE

I hereby certify that on December 5, 2011, I electronically filed the foregoing “Joint Case

Management Plan for Social Security Cases” with the with the Clerk of Court using the

CM/ECMF system which will send notification of such filing to the following e-mail

address(es):

Patrick@2spencers.com

usa-co-civil_ecf@usdoj.gov

/s/ Michael S. Howard 

Office of the General Counsel

Social Security Administration

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