United States of America v. State of Nebraska et al
| United States of America |
| State of Nebraska, Dave Heineman, Christine Peterson, John Wyvill and Ron Stegemann |
| 8:2008cv00271 |
| June 30, 2008 |
| US District Court for the District of Nebraska |
| Civil Rights: Americans with Disabilities - Other Office |
| Gage |
| Richard G. Kopf |
| David L. Piester |
| None |
| U.S. Government Plaintiff |
| 42:12101 Americans with Disabilities Act |
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The following documents for this case are available for you to view or download:
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Filing
121
JUDGMENT - Pursuant to the order entered this date pursuant to Fed. R. Civ. P. 60(b)(5) terminating the parties' settlement agreement, which constituted a judgment in this case (filings 9 & 10 ), and granting the parties' Joint Motion to Dismiss (filing 114 ), this matter is dismissed with prejudice. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
113
ORDER granting 112 Motion for Attorney Fees and the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert Maria Laurence in the amount of $ ;100,632.35 for services provided from January 1, 2014, to December 31, 2014. Such funds shall be paid from the interest- bearing account set up by the Clerk of Court pursuant to this court's prior order (filing 9 ). The Clerk of Court shal l disburse such funds as soon as practicable; that is, on the date that the interest-bearing account has been sufficiently replenished by the defendants to allow payment of the full amount. As provided in this court's prior order (filing 9 ), the "Clerk is authorized to deduct from any monies deposited with the Clerk a fee of 10% of the interest earned each time funds are disbursed." As provided in the parties' settlement agreement (filing 10 , at 6), and withi n 45 days of the date of this order, the defendants shall replenish the above-described interest-bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the account's total to $100,000.00. Ordered by Senior Judge Richard G. Kopf. (KMG) Modified on 1/26/2015 to reflect copy to Finance. (JAB)
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Filing
109
MEMORANDUM AND ORDER - On or before October 20, 2014, counsel for the parties shall file a joint status report regarding the status of this matter, particularly the necessity of retaining the interest-bearing account maintained by the Clerk of Court. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
106
MEMORANDUM AND ORDER - The motion for reimbursement (filing 105 ) is granted, and the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert Mar ia Laurence in the amount of $40,432.17 for services provided from January 1, 2013, to February 1, 2013. Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to this court's prior order (filin g 9 ). The Clerk of Court shall disburse such funds as soon as practicable; that is, on the date that the interest-bearing account has been sufficiently replenished by the defendants to allow payment of the full amount. As provided in this court 's prior order (filing 9 ), the "Clerk is authorized to deduct from any monies deposited with the Clerk a fee of 10% of the interest earned each time funds are disbursed." As provided in the parties' settlement agreement (filing 10 , at 6), and within 45 days of the date of this order, the defendants shall replenish the abovedescribed interest-bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the account's total to $100,000.00. Ordered by Senior Judge Richard G. Kopf. (E-mailed to Financial) (AOA)
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Filing
95
MEMORANDUM AND ORDER - IT IS ORDERED: The motion for reimbursement( filing 94 ) is granted, and the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert Maria Laurence in the amount of $113,131.78 for services provided from March 1, 2012, to May 31, 2012. Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to this court's prior order (f iling 9 ). The Clerk of Court shall disburse such funds as soon as practicable; that is, on the date that the interest-bearing account has been sufficiently replenished by the defendants to allow payment of the full amount. As provided in thi s court's prior order (filing 9 ), the "Clerk is authorized to deduct from any monies deposited with the Clerk a fee of 10% of the interest earned each time funds are disbursed." As provided in the parties' settlement agre ement (filing 10 , at 6), and within 45 days of the date of this order, the defendants shall replenish the abovedescribed interest-bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the accounts total to $100,000.00. Ordered by Senior Judge Richard G. Kopf. (E-mailed to Financial Specialist)(TCL )
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Filing
93
MEMORANDUM AND ORDER granting 92 Motion for Fees of Independent Expert, Maria Laurence. The Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert Maria Laurence in the amount of $87,274.05 for services provided from November 1, 2011, to February 29, 2012. Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to this court's prior order ( filing 9). The Clerk of Court shall disburse such funds as soon as practicable and the Clerk is authorized to deduct from any monies deposited with the Clerk a fee of 10% of the interest earned each time funds are disbursed. As provided in t he parties' settlement agreement (filing 10, at 6), and within 45 days of the date of this order, the defendants shall replenish the abovedescribed interest-bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the accounts total to $100,000.00. Ordered by Senior Judge Richard G. Kopf. (E-mailed to Financial Specialist)(ADB)
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Filing
90
MEMORANDUM AND ORDER granting 89 Motion for Fees of Independent Expert, Maria Laurence. The Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert M aria Laurence in the amount of $79,287.37 for services provided from September 1, 2011, to October 31, 2011. Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to this court's prior order (filin g 9 ). Within 45 days of the date of this order, the defendants shall replenish the above-described interest-bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the account's total to $100,000.00. Ordered by Senior Judge Richard G. Kopf. (Copy to Finance)(JAB)
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Filing
86
MEMORANDUM AND ORDER granting 85 Motion for Fees of Independent Expert, Maria Laurence. The Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert M aria Laurence in the amount of $45,434.30 for services provided from July 1, 2011, to August 31, 2011. Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to this court's prior order (filing 9 ) . Within 45 days of the date of this order, the defendants shall replenish the above-described interest-bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (Copy to Finance)(JAB)
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Filing
84
MEMORANDUM AND ORDER granting 83 Motion for Fees of Independent Expert, Maria Laurence, from April 1, 2011 through June 30, 2011. The Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting ser vices and expenses of independent expert Maria Laurence in the amount of $88,533.71 for services provided from April 1, 2011, to June 30, 2011. Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to t his court's prior order (filing 9 ). Within 45 days of the date of this order, the defendants shall replenish the above-described interest-bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (Copy to Finance)(JAB)
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Filing
82
MEMORANDUM AND ORDER granting Motion for Reimbursement 81 . IT IS ORDERED: The motion for reimbursement (filing 81 ) is granted, and the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert Maria Laurence in the amount of $79,930.05 for services provided from January 1, 2011, to March 31, 2011. Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursu ant to this court's prior order (filing 9 ). The Clerk of Court shall disburse such funds as soon as practicable; that is, on the date that the interest-bearing account has been sufficiently replenished by the defendants to allow payment of th e full amount. As provided in this court's prior order (filing 9 ), the "Clerk is authorized to deduct from any monies deposited with the Clerk a fee of 10% of the interest earned each time funds are disbursed." As provided in t he parties' settlement agreement (filing 10 , at 6), and within 45 days of the date of this order, the defendants shall replenish the above described interest-bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (TEL)
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Filing
80
MEMORANDUM AND ORDER granting Motion for Reimbursement 78 . IT IS ORDERED: The motion for reimbursement (filing 78 ) is granted, and the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert Maria Laurence in the amount of $74,287.22 for services provided from November 1, 2010, to December 31, 2010.Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pur suant to this court's prior order (filing 9 ). The Clerk of Court shall disburse such funds as soon as practicable; that is, on the date that the interest-bearing account has been sufficiently replenished by the defendants to allow payment of the full amount. As provided in this court's prior order (filing 9 ), the Clerk is authorized to deduct from any monies deposited with the Clerk a fee of 10% of the interest earned each time funds are disbursed. As provided in the partie s' settlement agreement (filing 10 , at 6), and within 45 days of the date of this order, the defendants shall replenish the above described interest-bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the account's total to $100,000.00. DATED this 24th day of March, 2011. Ordered by Judge Richard G. Kopf. (TEL)
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Filing
74
MEMORANDUM AND ORDER - The motion for reimbursement (filing 73 ) is granted, and the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert Maria Lau rence in the amount of $44,306.25 for services provided from September 1, 2010, to October 31, 2010. Within 45 days of the date of this order, the defendants shall replenish the abovedescribed interest-bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (JAB)
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Filing
67
MEMORANDUM AND ORDER that the amended motions for reimbursement 60 , 61 , 62 are granted in part, and within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall disburse funds for th e consulting services and expenses of Marge Brown of Life Project Consulting, LLC, in the amount of $30,273.37; Macomb-Oakland Regional Center, Inc., in the amount of $26,685.65; and consultant John Williams in the amount of $7,200.00; such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to this court's prior order 9 ; as provided in this court's prior order 9 , the "Clerk is authorized to deduct from any monies deposite d with the Clerk a fee of 10% of the interest earned each time funds are disbursed"; as provided in the parties' settlement agreement ( 10 at 6), and within 45 days of the date of this order, the defendants shall replenish the above-d escribed interestbearing account with the full amount paid by the Clerk of Court to the above-named consultants in order to restore the account's total to $100,000.00; the objections filed by the State of Nebraska 55 64 are granted to t he extent that Dr. McGee's original reimbursement requests 49 , 50 , 51 , 52 , 53 , 54 , 60 , 61 , 62 were not granted in the full amount requested; such objections 55 , 64 are otherwise denied. Ordered by Judge Richard G. Kopf. (copy to financial) (CJP)
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Filing
63
MEMORANDUM AND ORDER that the motions for reimbursement 49 , 50 , 51 , 52 , 53 , 54 filed by independent expert John J. McGee, Ph.D., shall be denied as moot for the reason that the independent expert has filed amended motions for reimbursemen t 60 , 61 , 62 ; however, the supporting documentation that was submitted with the now-moot motions 49 , 50 , 51 , 52 , 53 , 54 shall be considered in the court's review of the independent expert's amended motions for reimbursemen t 60 , 61 , 62 ; the State of Nebraska shall file any desired comments or objections to the independent expert's amended motions for reimbursement 60 , 61 , 62 on or before May 14, 2010, after which the pending motions shall be deemed submitted for decision. Ordered by Judge Richard G. Kopf. (Copy mailed to independent expert John J. McGee, PH.D.)(CJP)
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Filing
58
MEMORANDUM AND ORDER that on or before May 4, 2010, independent expert John J. McGee, Ph.D., shall file with the court additional documentation supporting his requests for reimbursement; specifically, Dr.McGee should file the documentation characteri zed as insufficient in the State's objection to Dr.McGee's reimbursement requests, if such documentation is available 55 ; the motions for reimbursement 49 , 50 , 51 , 52 , 53 , 54 filed by independent expert John J. McGee, Ph.D., s hall be held in abeyance until May 4,2010, at which time the motions shall be deemed submitted for disposition; the Clerk of Court shall ensure that John J. McGee, Ph.D., receives a copy of this memorandum and order, as well as the court's memorandum and order dated April 13, 2010 56 . Ordered by Judge Richard G. Kopf. (copies mailed as directed)(CJP)
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Filing
56
MEMORANDUM AND ORDER that by 4/28/2010, independent expert John J. McGee, Ph.D., shall file with the court additional documentation supporting his requests for reimbursement. The motions for reimbursement 49 , 50 , 51 , 52 , 53 and 54 filed by independent expert John J. McGee, Ph.D., shall be held in abeyance until 4/29/2010, at which time the motions shall be deemed submitted for disposition. Ordered by Judge Richard G. Kopf. (JSF)
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Filing
47
MEMORANDUM AND ORDER granting 45 and 46 motions for reimbursement. Within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert John J. McGee, Ph.D., in the amounts of $12,539.07 for September 2009 (filing 45 ) and $12,380.00 for October 2009 (filing 46 ). Within 45 days of the date of this order, the defendants shall replenish the abovedescribed interest-bearing account with the full amount paid by the Clerk of Court to independent expert John J. McGee, Ph.D., in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (Copy to Financial)(JAB)
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Filing
44
MEMORANDUM AND ORDER granting motions for reimbursement 42 and 43 . Within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses o f independent expert John J. McGee, Ph.D., the amounts of $12,012.22 for July 2009 (filing 42 ) and $12,029.58 for August 2009 (filing 43 ). Within 45 days of the date of this order, the defendants shall replenish the above-described interest-bearing account with the full amount paid by the Clerk of Court to independent expert John J. McGee, Ph.D., in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (Copy to Finance) (JAB)
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Filing
40
ORDER - The motions to withdraw Jodi M. Fenner, (filing no. 37 ), and Mark A. Ludwig, (filing no. 38 ), as counsel of record for the defendants, are granted. Ordered by Judge Richard G. Kopf. (JAB)
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Filing
35
MEMORANDUM AND ORDER - The motions for reimbursement (filings 29 , 30 , 31 , 32 ) are granted, and within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the c onsulting services and expenses of independent expert John J. McGee, Ph.D., the amounts of $5,405.00 for March 2009; $10,580.00 for April 2009; $9,425.00 for May 2009; and $13,250.00 for June 2009. Such funds shall be paid from th e interest-bearing account set up by the Clerk of Court pursuant to this court's prior order (filing 9 ). As provided in this court's prior order (filing 9 ), the "Clerk is authorized to deduct from any monies deposited with the Cler k a fee of 10% of the interest earned each time funds are disbursed." As provided in the parties' settlement agreement (filing 10 , at 6 ), and within 45 days of the date of this order, the defendants shall replenish the above-described interest-bearing account with the full amount paid by the Clerk of Court to independent expert John J. McGee, Ph.D., in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (GJG)(Copy to Financial)
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Filing
28
ORDER granting 26 United States' Motion to Withdraw as Attorney (Grace Chung Becker). Ordered by Magistrate Judge David L. Piester. (JAB)
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Filing
24
MEMORANDUM AND ORDER granting Motions for Reimbursement 21 and 23 . Within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of the Macomb-Oakland Regional Center in the amount of $40,492.86; John Williams in the amount of $9,600.00; and Life Project Consulting, LLC, in the amount of $16,285.76. Further, the Clerk of Court shall disburse to independent exper t John J. McGee, Ph.D., the amount of $12,877.83 for professional services and expenses for February 2009. The defendants shall replenish the abovedescribed interest-bearing account with the full amount paid by the Clerk of Court to independent expert John J. McGee, Ph.D., and other consultants in order to restore the accounts total to $100,000.00. Ordered by Judge Richard G. Kopf. (JAB)
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Filing
22
MEMORANDUM AND ORDER regarding: Letters 18 , 19 and 20 . Within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall pay to independent expert John J. McGee, Ph.D., $37,207.86 fo r professional services and gasoline and auto-related expenses for the months of November 2008, December 2008, and January 2009. The defendants shall replenish the abovedescribed interest-bearing account with the full amount paid by the Clerk of Court to independent expert John J. McGee, Ph.D., in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (Copy to finance)(JAB)
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Filing
17
AMENDED MEMORANDUM AND ORDER regarding Memorandum and Order, 16 . Within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall pay to independent expert John J. McGee, Ph.D., $15,31 0.17 for professional services, meal expenses, hotel costs, and copying expenses. Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to this court's prior order (filing 9 ). Within 45 days of the da te of this order, the defendants shall replenish the abovedescribed interest-bearing account with the full amount paid by the Clerk of Court to independent expert John J. McGee, Ph.D., in order to restore the account's total to $100,000.00. The court's prior order entered on October 27, 2008 (filing 16 ), shall be stricken. Ordered by Judge Richard G. Kopf. (Copy to Finance)(JAB)
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Filing
16
STRICKEN - MEMORANDUM AND ORDER regarding Letter 15 . Within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall pay to independent expert John J. McGee, Ph.D., $12,000.00 for prof essional services rendered in September 2008 and $1,475.45 in mileage and meal expenses incurred in July, August, and September 2008. Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to this court& #039;s prior order (filing 9 ). As provided in the parties' settlement agreement (filing 10 , at 6), and within 45 days of the date of this order, the defendants shall replenish the abovedescribed interest-bearing account with the full amount paid by the Clerk of Court to independent expert John J. McGee, Ph.D., in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (Copy to finance)(JAB) Modified on 10/29/2008 to add "sricken" text pursuant to Order 17 . (JAB)
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Filing
14
MEMORANDUM AND ORDER regarding Letter 13 . Within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall pay to independent expert John J. McGee, Ph.D., $12,000.00 for services render ed in August 2008 in the abovecaptioned case. As provided in the parties settlement agreement (filing 10 , at 6), andwithin 45 days of the date of this order, the defendants shall replenish the above described interest-bearing account with the full amount paid by the Clerk of Court to independent expert John J. McGee, Ph.D., in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (Copy to Finance) (JAB)
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Filing
12
MEMORANDUM AND ORDER regarding Memorandum and Order 9 , and Judgment 10 . Within 10 days of the date of this order, the Clerk of the United States District Court for the District of Nebraska shall pay to independent expert John J. McGee, Ph.D., � 36;12,000.00 for services rendered in July 2008 in the above-captioned case. Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to this court's prior order (filing 9 ). Within 45 days of the date o f this order, the defendants shall replenish the above described interest-bearing account with the full amount paid by the Clerk of Court to independent expert John J. McGee, Ph.D., in order to restore the account's total to $100,000.00. Ordered by Judge Richard G. Kopf. (Copy to Finance)(JAB)
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