Cure Land, LLC et al v. United States Department of Agriculture et al

Filing 18

Joint Case Management Plan. Adm Plaintiffs Brief due by 4/17/2013. Adm Defendants Brief due by 5/17/2013. Adm Plaintiff Reply Brief due by 6/3/2013, by Judge John L. Kane on 1/10/13. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02388-AP
CURE LAND, LLC and
CURE LAND II, LLC,
Plaintiffs,
v.
UNITED STATES DEPARTMENT OF AGRICULTURE;
TOM VILSACK, in his official capacity as Secretary of the United States
Department of Agriculture;
FARM SERVICE AGENCY, an Agency of the United States Department of
Agriculture; and
JUAN M. GARCIA, in his official capacity as Administrator of the Farm Service
Agency,
Defendants.

JOINT CASE MANAGEMENT PLAN

1.

APPEARANCES OF COUNSEL

For Plaintiffs/Petitioners:
John O’Brien
Jessica E. Yates
SNELL & WILMER, LLP
1200 17th Street, Suite 1900
Denver, Colorado 80202
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]; [e-mail]

For Defendants/Respondents: May Kim, Assistant United States Attorney
District of Colorado
1225 Seventeenth Street, Suite 700
Denver, Colorado 80202
[phone]
[e-mail]

2.
STATEMENT
JURISDICTION

OF

LEGAL

BASIS

FOR

SUBJECT

MATTER

Plaintiffs assert that the Court has jurisdiction based on the presentation of federal
question, 28 U.S.C. § 1331, and the Administrative Procedure Act, 5 U.S.C. § 702.
Defendants reserve the right to challenge the subject matter jurisdiction of the Court
in this action.
3.

DATES OF FILING OF RELEVANT PLEADINGS

A.

Date Petition for Review Was Filed: September 7, 2012.

B.

Date Petition for Review Was Served on U.S. Attorney’s Office:

October 1, 2012.
C.

Date Answer or Other Response Was Filed: November 30, 2012.

4.
STATEMENT(S) REGARDING WHETHER THIS CASE RAISES
UNUSUAL CLAIMS OR DEFENSES
The parties agree that this case does not appear at this time to raise unusual claims
or defenses.

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5.

OTHER MATTERS

The parties are unaware at this time of any other matters that should be brought to
the attention of the Court, but will bring any such matters to the Court’s attention if
the parties later learn of them.
6.

BRIEFING SCHEDULE

A.

Deadline for Filing Administrative Record:

February 19, 2013.
B.

Deadline for Parties to Confer on Record Disputes:

March 4, 2013.
C.

Deadline for Filing Motions to Complete and/or Supplement the

Administrative Record:
March 18, 2013.
D.

Plaintiff’s/Petitioner’s Opening Brief Due:

April 17, 2013.
E.

Defendant’s/Respondent’s Response Brief Due:

May 17, 2013 (or 30 days after the filing of Petitioner’s Opening Brief).
F.

Plaintiff’s/Petitioner’s Reply Brief (If Any) Due:

June 3, 2013 (or 15 days after the filing of Respondent’s Response).

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7. STATEMENTS REGARDING ORAL ARGUMENT
A.

Plaintiff’s/Petitioner’s Statement: Petitioners believe oral argument would

assist the Court in deciding the issues raised in this case, as the context for the
complaint is somewhat unique.
B.

Defendant’s/Respondent’s Statement:

Respondent agrees that oral

argument would be helpful in this case.
8. 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.

9. OTHER MATTERS
The parties acknowledge the Court’s rules regarding motions for extension of time
or continuances and have no other matters to present to the Court at this time.
10. 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.

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DATED January 10, 2013.

BY THE COURT

s/John L. Kane_________
U.S. District Court Judge

APPROVED:
For Plaintiffs/Petitioners:
s/ Jessica E. Yates
John O’Brien
Jessica E. Yates
SNELL & WILMER L.L.P.
1200 17th Street, Suite 1900
Denver, Colorado 80202
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail];
[e-mail]

For Defendants/Respondents:
s/ May Kim
May Kim, Assistant United States Attorney
District of Colorado
1225 Seventeenth Street, Suite 700
Denver, Colorado 80202
Telephone: [phone]
E-Mail: [e-mail]

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