IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO 

Civil Action No. 1:11-cv-02450-AP

CHERIE M. BARKER,

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:

James M. Anderson, Esq.

Anderson and Lopez, P.C.

4905 N. Union Blvd. Suite 302

Colorado Springs, CO 80918

(719) 471-1818

(719) 260-1098 (fax)

jim@andersonandlopez.com

 

For Defendant:

Jessica Milano

Special Assistant United States Attorney

Assistant Regional Counsel

Office of the General Counsel

Social Security Administration

1001 17th Street

Denver, CO 80202

(303) 844-7136

(303) 844-0770 (fax)

jessica.milano@ssa.gov

2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION

This is an appeal of a Social Security benefits application. The Court has jurisdiction pursuant to

section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

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3. DATES OF FILING OF RELEVANT PLEADINGS

A. Date Complaint Was Filed: September 16, 2011

B. Date Complaint was Served on U.S. Attorney’s Office: September 21, 2011

C. Date Answer and Administrative Record Were Filed: November 21, 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

Neither party intends to submit 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 any unusual claims or

defenses.

7. OTHER MATTERS

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

8. BRIEFING SCHEDULE

Plaintiff’s attorney, because of workload and international travel plans, requests that briefing

commence later than 40 days after the filing of this joint case management plan. Counsel for

both parties conferred and agreed upon the following proposed briefing schedule:

A. Plaintiff’s Opening Brief: January 23, 2012

B. Response Brief due: February 22, 2012

C. Reply Brief due: March 8, 2012

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9. STATEMENTS REGARDING ORAL ARGUMENT

A. Plaintiff’s Statement: Plaintiff does not request oral argument.

B. Defendant’s Statement: Defendant does not request oral argument.

10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE

A. ( ) All parties have consented to the exercise of jurisdiction of a United States

Magistrate Judge.

B. ( 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(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.

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 13th day of December, 2011

BY THE COURT:

s/John L. Kane ______________

U.S. DISTRICT COURT JUDGE

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APPROVED:

s/ Jessica Milano for 

James M. Anderson, Esq.

Anderson and Lopez, P.C.

4905 N. Union Blvd. Suite 302

Colorado Springs, CO 80918

(719) 471-1818

(719) 260-1098 (fax)

jim@andersonandlopez.com

Attorney for Plaintiff

(SIGNED PER ELECTRONIC

AUTHORIZATION)

JOHN F. WALSH

United States Attorney

WILLIAM G. PHARO

Assistant United States Attorney

United States Attorney's Office

District of Colorado

s/ Jessica Milano 

Jessica Milano

Special Assistant United States Attorney

1001 17th Street

Denver, CO 80202

(303) 844-7136

(303) 844-0770 (fax)

jessica.milano@ssa.gov

Attorneys for Defendant

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CERTIFICATE OF SERVICE

I hereby certify that on December 12, 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):

jim@andersonandlopez.com

usa-co-civil_ecf@usdoj.gov

s/ Jessica Milano 

Office of the General Counsel

Social Security Administration

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