Cihak v. Sebelius

Filing 19

JOINT CASE MANAGEMENT PLAN (ORDER). Adm Plaintiffs Brief due by 3/12/2014. Adm Defendants Brief due by 4/11/2014. Adm Plaintiff Reply Brief due by 4/28/2014. By Judge John L. Kane on 1/22/14. (mfiel, ) Modified on 1/22/2014 to correct text(mfiel, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02218-AP
JANICE CIHAK,
Plaintiff,
v.
KATHLEEN SEBELIUS, Secretary of Health and Human Services,
Defendant.

JOINT CASE MANAGEMENT PLAN

1.

APPEARANCES OF COUNSEL

For Plaintiff:
Teresa H. Abbott, Esq.
Colo. Atty. Reg. # 27192
3515 S. Tamarac Drive, Suite 200
Denver, CO 80237
[phone]
[phone] (fax)
[e-mail]
For Defendant:
Zeyen Wu
Special Assistant United States Attorney
1225 Seventeenth Street, Suite 700
Denver, CO 80202
Telephone: [phone]
[e-mail]

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2.

STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION
The Court has jurisdiction based on 42 U.S.C. § 1395w-104(h).

3.

DATES OF FILING OF RELEVANT PLEADINGS
A.

Date Complaint Was Filed:

August 19, 2013
B.

Date Complaint Was Served on U.S. Attorney's Office:

August 23, 2013
C.

Date Answer and Administrative Record Were Filed:

Answer filed on December 23, 2013.
Administrative Record filed on December 26, 2013.
4.

STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Plaintiff states that the record appears incomplete with regard to the amount in
controversy (AIC). Plaintiff intends to supplement the record as indicated below in
paragraph 5.
Defendant has no issues regarding the adequacy of the record and believes it is
complete and accurate.

5.

STATEMENT REGARDING ADDITIONAL EVIDENCE
The parties have not submitted additional evidence. Plaintiff intends to file a
motion to supplement the record with evidence supporting her claim that she
satisfied the amount in controversy as stated in her Complaint and Petition for
review.
Defendant does not intend to submit additional evidence.

6.

STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS
OR DEFENSES
The parties agree that this case does not raise unusual claims or defenses.

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7.

OTHER MATTERS
None.

8.

BRIEFING SCHEDULE
A.

Plaintiff's Opening Brief Due:

March 12, 2014
B.

Defendant’s Response Brief Due:

April 11, 2014
C.

Plaintiff’s Reply Brief (If Any) Due:

April 28, 2014
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

Indicate below the parties' consent choice.
A.

B.

11.

(

)

(X)

All parties have consented to the exercise of jurisdiction of a
United States Magistrate Judge.
All parties have not consented to the exercise of jurisdiction of a
United States Magistrate Judge.

AMENDMENTS TO JOINT CASE MANAGEMENT PLAN

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
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CLIENT, ALL ATTORNEYS OF RECORD, AND ALL PRO SE PARTIES.
The parties agree that the Joint Case Management Plan may be altered or amended
only upon a showing of good cause.

DATED this 22nd day of January, 2014.

BY THE COURT:

s/John L. Kane
U.S. DISTRICT COURT JUDGE

APPROVED:
s/ Teresa H. Abbott
Teresa H. Abbott, Esq.
Colo. Atty. Reg. # 27192
3515 S. Tamarac Drive, Suite 200
Denver, CO 80237
[phone]
[phone] (fax)
[e-mail]

JOHN F. WALSH
United States Attorney

s/Zeyen Wu_________________
Zeyen Wu
Special Assistant United States Attorney
1225 Seventeenth Street, Suite 700
Denver, CO 80202
Telephone: [phone]
Fax: [phone]
[e-mail]

Attorney for Plaintiff

Attorneys for Defendant

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