Hanson Colorado Farms Partnership v. Vilsack et al

Filing 8

Joint Case Management Plan (ORDER). Administrative record will be filed on or before 8/12/11. Briefing schedule is as set forth in the plan, by Judge John L. Kane on 6/17/11. (gmssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:11-cv-00675-AP
HANSON COLORADO FARMS PARTNERSHIP,
Plaintiff,
v.
THOMAS JAMES VILSACK, SECRETARY OF THE UNITED STATES DEPARTMENT OF
AGRICULTURE;
ROGER KLURFELD, DIRECTOR OF THE NATIONAL APPEALS DIVISION, A DIVISION
OF THE UNITED STATES DEPARTMENT OF AGRICULTURE;
FEDERAL CROP INSURANCE CORPORATION, A CORPORATION WITHIN THE
UNITED STATES DEPARTMENT OF AGRICULTURE; AND
WILLIAM J. MURPHY, ADMINISTRATOR, RISK MANAGEMENT AGENCY,
Defendants.
JOINT CASE MANAGEMENT PLAN

1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff
Jeff L. Todd
McAfee & Taft A Professional Corporation
10th Floor, Two Leadership Square
211 North Robinson
Oklahoma City, OK 73102-7103
Telephone: [phone]
FAX: [phone]
Email: [e-mail]
and
David B. Seserman

Brosseau Bartlett Seserman, LLC
1600 Broadway, Suite 1600
Denver, CO 80202
Telephone: [phone]
FAX: [phone]
Email: [e-mail]
110617 HCF - Joint Case Management Plan 2.DOC

For Defendants:
Stephen D. Taylor
Assistant United States Attorney
1225 Seventeenth Street, Suite 700
Denver, CO 80202
Telephone: [phone]
FAX: [phone]
Email: [e-mail]
2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION
This is a matter for judicial review of a final order of the National Appeals Division
(“NAD”) of the United States Department of Agriculture. This Court has jurisdiction pursuant to
28 U.S.C. § 1331, 5 U.S.C. § 701-06; 7 U.S.C. § 6999; and 7 U.S.C. § 1501 et seq. Hanson
Colorado Farms has exhausted its administrative appeal procedures pursuant to 7 USC § 6912(e)
and 7 C.F.R. § 400.96.
3. DATES OF FILING OF RELEVANT PLEADINGS
A. Date Complaint Was Filed: March 17, 2011
B. Date Complaint Was Served on U.S. Attorney's Office: April 4, 2011
C. Date Answer and Administrative Record Were Filed: Answer-May 13, 2011;
Administrative Record has not yet been filed but will be filed on or before August 12, 2011 (see
statement regarding adequacy of the record).
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
The record compiled at the administrative level should be complete. On May 12-13 and
25, 2010, an in-person hearing was held before the NAD to determine whether RMA complied
with applicable rules and regulations when it denied payment of Hanson Colorado Farms’
insurance claim. The hearing was recorded pursuant to NAD rules. On June 24, 2010, the NAD
Hearing Officer issued an appeal determination (the “Appeal Determination”), holding that

110617 HCF - Joint Case Management Plan 2.DOC

Hanson Colorado Farms did not have a bona fide insurance interest in the 2008 corn crop, and
that RMA did not err in denying its claim under the 2008 GRIP policy. On July 26, 2010,
Hanson Colorado Farms filed a Request for Director Review of the Appeal Determination. After
Hanson Colorado Farms and RMA briefed the issues, the NAD Director upheld the NAD
Hearing Officer’s Appeal Determination on February 2, 2011 (the “Final Determination”). In
the Final Determination, the NAD Director held that Hanson Colorado Farms did not have a
bona fide interest in its 2008 corn crop.
The Administrative Record will be filed on or before August 12, 2011. The delay in
filing the Administrative Record is due to the need to have a transcription prepared of the oral
recordings of the testimony and proceedings of the three-day administrative hearing.
The parties request that Plaintiff have to and including September 9, 2011, to review and,
if necessary, file a motion to supplement the Administrative Record.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Introduction of additional evidence is not anticipated by the parties.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS
OR DEFENSES
The parties do not believe that this case raises unusual claims or defenses.
7. OTHER MATTERS
None at this time.
8. PROPOSED BRIEFING SCHEDULE
The parties propose that the briefing schedule hinge on the filing of the administrative
record and a motion to supplement the Administrative Record, if any, as follows:
A. Plaintiff's Opening Brief Due: 40 days after Plaintiff’s motion to supplement the
Administrative Record is decided by the Court. If Plaintiff does not file a motion to supplement

110617 HCF - Joint Case Management Plan 2.DOC

the Administrative Record, Plaintiff’s Opening Brief shall be due 40 days after the filing of the
administrative record.
B. Defendant's Response Brief Due: 30 days after the filing of Plaintiff’s Opening
Brief.
C. Plaintiff's Reply Brief (If Any) Due:
Response Brief.

15 days after the filing of Defendant’s

9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement: Plaintiff believes that the issues can be adequately addressed
by the briefs and does not request oral argument.
B. Defendant's Statement:

Defendants believe that the issues can be adequately

addressed by the briefs and does not request oral argument.
10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
Indicate below the parties' consent choice.
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.

110617 HCF - Joint Case Management Plan 2.DOC

DATED this 17th day of June, 2011.
BY THE COURT:

s/John L. Kane
U.S. DISTRICT COURT JUDGE
APPROVED:
JOHN F. WALSH
United States Attorney

/s/ Jeff L. Todd
Jeff L. Todd
McAfee & Taft A Professional Corporation
10th Floor, Two Leadership Square
211 North Robinson
Oklahoma City, OK 73102-7103
Telephone: [phone]
FAX: [phone]
Email: [e-mail]
And
/s/ David B. Seserman
David B. Seserman
Brosseau Bartlett Seserman, LLC
1600 Broadway, Suite 1600
Denver, CO 80202
Telephone: [phone]
FAX: [phone]
Email: [e-mail]

110617 HCF - Joint Case Management Plan 2.DOC

/s/ Stephen D. Taylor
Stephen D. Taylor
Assistant United States Attorney
1225 Seventeenth Street, Suite 700
Denver, CO 80202
Telephone: [phone]
FAX: [phone]
Email: [e-mail]