Case: United States v. University of Nebraska at Kearney

4:11-cv-03209 | U.S. District Court for the District of Nebraska

Filed Date: Nov. 23, 2011

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On November 23, 2011, the United States filed this lawsuit in this U.S. District Court for the District of Nebraska on behalf of a college student with disabilities. The U.S. sued the University of Nebraska at Kearney for violations of the Fair Housing Amendments Act of 1988. The plaintiff, represented by the Department of Justice, asked the court to declare that the defendant had violated the Fair Housing Act and to enjoin the defendant from pursuing discriminatory practices in the future. The…

On November 23, 2011, the United States filed this lawsuit in this U.S. District Court for the District of Nebraska on behalf of a college student with disabilities. The U.S. sued the University of Nebraska at Kearney for violations of the Fair Housing Amendments Act of 1988. The plaintiff, represented by the Department of Justice, asked the court to declare that the defendant had violated the Fair Housing Act and to enjoin the defendant from pursuing discriminatory practices in the future. The plaintiff also sought monetary damages and civil penalties against the defendant.

The plaintiff claimed that a student had been denied reasonable accommodation for her service animal through university housing. The student, who suffered from anxiety and depression, lived with a small dog that helped her manage her panic attacks. Despite numerous oral and written requests for reasonable accommodation, the student was denied permission to live with her service animal in the university's housing.

On April 19, 2013, the Court (Judge John M. Gerrard) ruled on the plaintiff's motion for partial summary judgment. The Court ruled that the Fair Housing Act did apply to the University of Nebraska at Kearney, even though the university's housing could be considered temporary for most residents. 940 F. Supp. 2d 974 (D. Neb. 2013).

The parties settled the case, and on September 4, 2015, the Court (Judge John M. Gerrard) approved the consent order. In the settlement, the defendant did not concede liability, but agreed to discontinue its discriminatory housing practices against students with disabilities. The university adopted a "University Housing Reasonable Accommodation Policy" and agreed to pay $140,000 to a settlement fund for effected students.

The court retained jurisdiction of the case for two years to enforce the settlement. The consent order lasted two years. There has been no activity on the docket subsequent to the entry of the consent order. Accordingly, the case is presumed closed.

Summary Authors

Asma Husain (10/26/2015)

Hope Brinn (11/2/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4306050/parties/united-states-v-university-of-nebraska-at-kearney/


Judge(s)

Gerrard, John Melvin (Nebraska)

Attorneys(s) for Plaintiff

Hahn, Mary J. (District of Columbia)

Hayat, Norrinda B. (District of Columbia)

Kelly, Laurie A. (Nebraska)

Martinson, Alan A. (District of Columbia)

McEachin, Onjil T. (District of Columbia)

Melody, Colleen (District of Columbia)

Shore, Elise S. (District of Columbia)

Attorneys(s) for Defendant

Balus, Allison Dana (Nebraska)

Basye, Alison A. (Nebraska)

Judge(s)

Gerrard, John Melvin (Nebraska)

Attorneys(s) for Plaintiff

Hahn, Mary J. (District of Columbia)

Hayat, Norrinda B. (District of Columbia)

Kelly, Laurie A. (Nebraska)

Martinson, Alan A. (District of Columbia)

McEachin, Onjil T. (District of Columbia)

Melody, Colleen (District of Columbia)

Shore, Elise S. (District of Columbia)

Attorneys(s) for Defendant

Balus, Allison Dana (Nebraska)

Basye, Alison A. (Nebraska)

McCue, Sara A. (Nebraska)

Moore, Scott P. (Nebraska)

Todero, Anthony D. (Nebraska)

Wiltse, John C. (Nebraska)

Documents in the Clearinghouse

Document

4:11-cv-03209

Docket [PACER]

Sept. 4, 2015

Sept. 4, 2015

Docket
1

4:11-cv-03209

Complaint

Nov. 23, 2011

Nov. 23, 2011

Complaint
80

4:11-cv-03209

Order on Motion for Summary Judgment

April 19, 2013

April 19, 2013

Order/Opinion
290

4:11-cv-03209

Consent Order

Sept. 4, 2015

Sept. 4, 2015

Order/Opinion
291

4:11-cv-03209

Judgment

Sept. 4, 2015

Sept. 4, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4306050/united-states-v-university-of-nebraska-at-kearney/

Last updated July 23, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with jury demand against All Defendants, by Attorney Mary J. Hahn on behalf of United States(Hahn, Mary) (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

RECAP
2

TEXT NOTICE OF JUDGES ASSIGNED: Judge Richard G. Kopf and Magistrate Judge Thomas D. Thalken assigned. (MKR) (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

PACER
3

REASSIGNMENT ORDER - case reassigned to Magistrate Judge Cheryl R. Zwart for judicial supervision and pretrial matters and remains assigned to District Judge Richard G. Kopf for all dispositive matters. Ordered by Chief Judge Joseph F. Bataillon. (ADB) (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

PACER
4

WAIVER OF SERVICE Returned Executed upon defendant University of Nebraska at Kearney. Waiver sent on 11/29/2011. (Hahn, Mary) (Entered: 12/13/2011)

Dec. 13, 2011

Dec. 13, 2011

PACER
5

WAIVER OF SERVICE Returned Executed upon defendant Board of Regents of the University of Nebraska. Waiver sent on 11/29/2011. (Hahn, Mary) (Entered: 12/13/2011)

Dec. 13, 2011

Dec. 13, 2011

PACER
6

WAIVER OF SERVICE Returned Executed upon defendant David L. Brandt. Waiver sent on 11/29/2011. (Hahn, Mary) (Entered: 12/13/2011)

Dec. 13, 2011

Dec. 13, 2011

PACER
7

WAIVER OF SERVICE Returned Executed upon defendant Cheryl Bressington. Waiver sent on 11/29/2011. (Hahn, Mary) (Entered: 12/13/2011)

Dec. 13, 2011

Dec. 13, 2011

PACER
8

WAIVER OF SERVICE Returned Executed upon defendant Christy Horn. Waiver sent on 11/29/2011. (Hahn, Mary) (Entered: 12/13/2011)

Dec. 13, 2011

Dec. 13, 2011

PACER
9

WAIVER OF SERVICE Returned Executed upon defendant Gail Zeller. Waiver sent on 11/29/2011. (Hahn, Mary) (Entered: 12/13/2011)

Dec. 13, 2011

Dec. 13, 2011

PACER
10

ANSWER to Complaint 1 by Attorney Scott P. Moore on behalf of Defendants Board of Regents of the University of Nebraska, David L. Brandt, Cheryl Bressington, Christy Horn, University of Nebraska at Kearney, Gail Zeller(Moore, Scott) (Entered: 01/27/2012)

Jan. 27, 2012

Jan. 27, 2012

PACER
11

ATTORNEY LETTER by Clerk that Attorney Alison A. Basye has not paid the biennial assessment. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (TCL ) (Entered: 01/30/2012)

Jan. 30, 2012

Jan. 30, 2012

PACER
12

SCHEDULING PACKET. Rule 26 Meeting Report Deadline set for 3/1/2012.Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ) (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

PACER
13

TEXT ORDER regarding District Judge John M. Gerrard's Docket (General Order 2012-01). In civil cases assigned to Judge Gerrard from Judges Bataillon and Smith Camp, Magistrate Judge Cheryl R. Zwart will be the assigned magistrate judge. Cases assigned from Judge Kopf to Judge Gerrard will continue to be assigned to Magistrate Judge Cheryl R. Zwart. Ordered by Chief Judge Laurie Smith Camp. (AOA) (Entered: 02/06/2012)

Feb. 6, 2012

Feb. 6, 2012

PACER
14

REPORT of Rule 26(f) Planning Meeting between Defendants and Plaintiff by Attorney Mary J. Hahn on behalf of Plaintiff United States of America.(Hahn, Mary) (Entered: 03/01/2012)

March 1, 2012

March 1, 2012

PACER
15

Joint STIPULATION regarding Report of Rule 26(f) Planning Meeting 14 ESI and Other Discovery Provisions by Attorney Mary J. Hahn on behalf of Plaintiff United States of America. (Attachments: # 1 Attachment)(Hahn, Mary) (Entered: 03/01/2012)

1 Attachment

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March 1, 2012

March 1, 2012

PACER
16

ORDER granting 15 Stipulation regarding Electronic Discovery.Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ) (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

RECAP
17

FINAL PROGRESSION ORDER - Jury Trial set for 1/22/2013 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard. Pretrial Conference set for 1/8/2013 at 11:00 AM by Webex Conferencing before Magistrate Judge Cheryl R. Zwart. An email will be sent to counsel of record with the instructions and codes for participating in the pretrial conference by Webex. Telephone Conference set for 8/30/2012 at 10:00 AM by telephone before Magistrate Judge Cheryl R. Zwart. Plaintiff's counsel shall initiate the telephone call.Ordered by Magistrate Judge Cheryl R. Zwart. (DMS) (Entered: 03/07/2012)

March 7, 2012

March 7, 2012

PACER
18

NOTIFICATION of Request for Video Recording by Clerk.(CCB) (Entered: 03/09/2012)

March 9, 2012

March 9, 2012

PACER
19

NOTICE of Intent to Serve Subpoenas Duces Tecum by Attorney Scott P. Moore on behalf of Defendants Board of Regents of the University of Nebraska, David L. Brandt, Cheryl Bressington, Christy Horn, University of Nebraska at Kearney, Gail Zeller (Attachments: # 1 Proposed Subpoenas)(Moore, Scott) (Entered: 05/11/2012)

1 Proposed Subpoenas

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May 11, 2012

May 11, 2012

PACER
20

Unopposed MOTION for Protective Order by Attorney Mary J. Hahn on behalf of Plaintiff United States of America. (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Hahn, Mary) (Entered: 05/14/2012)

1 Text of Proposed Order Proposed Protective Order

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May 14, 2012

May 14, 2012

PACER
21

ORDER granting 20 Motion for Protective Order. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 05/14/2012)

May 14, 2012

May 14, 2012

RECAP
22

TEXT NOTICE REGARDING PROPOSED ORDER 20 by Deputy Clerk. Pursuant to NECivR 7.0.2, a moving party shall submit a proposed order to the judge. Electronically submitted proposed orders may not be combined with the motion into one document. The proposed order should be e-mailed in a word-processing format to the assigned judge. This notice is for your information for future filings.(TCL ) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
23

Unopposed MOTION Release of Discoverable Materials Otherwise Protected by FERPA and Other Federal or State Law by Attorney Mary J. Hahn on behalf of Plaintiff United States of America.(Hahn, Mary) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
24

Joint STIPULATION to Amend Expert Disclosure Deadlines by Attorney Mary J. Hahn on behalf of Plaintiff United States of America.(Hahn, Mary) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
25

TEXT ORDER granting 24 Stipulation to extend the expert disclosure deadlines.1) Plaintiff shall disclose all expert witnesses and shall provide the reports required by Rule 26(a)(2) by no later than July 6, 2012;(2) Defendants shall disclose all expert witnesses and shall provide the reports required by Rule 26(a)(2) by no later than August 3, 2012; and (3) Plaintiff shall disclose all rebuttal expert witnesses and shall provide the reports required by Rule 26(a)(2) by no later than August 17, 2011. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
26

ORDER granting 23 Motion Authorizing Release of FERPA Records. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
27

Certificate of Service of Written Objections to Defendants' Notice of Third-Party Subpoenas by Attorney Mary J. Hahn on behalf of Plaintiff United States of America.(Hahn, Mary) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
28

Joint MOTION to Amend Order Setting Schedule for Progression of a Civil Case,, 17 by Attorney Mary J. Hahn on behalf of Plaintiff United States of America.(Hahn, Mary) (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

PACER
29

ORDER GRANTING JOINT MOTION TO AMEND THE PROGRESSION ORDER - The trial of this case is set to commence before the Honorable John M. Gerrard, in Courtroom 1, United States Courthouse, Lincoln, Nebraska at 9:00 a.m. on June 17, 2013, or as soon thereafter as the case may be called, for a duration of four (4) trial days. This case is subject to the prior trial of criminal cases and such other civil cases as may be scheduled for trial before this one. Jury selection will be held at commencement of trial. The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on June 6, 2013 at 9:00 a.m., and will be conducted by WebEx conferencing. To facilitate this conferencing method, the parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to zwart@ned.uscourts.gov, in either Word Perfect or Word format, by 5:00 p.m. on June 5, 2013. An email will be sent to counsel of record with the instructions and codes for participating in the pretrial conference by WebEx. A telephonic conference with the undersigned magistrate judge remains set to be held on August 30, 2012 10:00 a.m. to discuss the status of case progression and potential settlement. Counsel for plaintiff shall place the call. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL ) (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

RECAP
30

Certificate of Service of Written Objections to Defendants' Notice of Third-Party Subpoenas by Attorney Mary J. Hahn on behalf of Plaintiff United States of America.(Hahn, Mary) (Entered: 08/13/2012)

Aug. 13, 2012

Aug. 13, 2012

PACER
31

Certificate of Service by Attorney Scott P. Moore on behalf of Defendants Board of Regents of the University of Nebraska, David L. Brandt, Cheryl Bressington, Christy Horn, University of Nebraska at Kearney, Gail Zeller.(Moore, Scott) (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

PACER
32

MEMORANDUM AND ORDER setting scheduling regarding summary judgment motions and briefing on the issue of whether the Fair Housing Act is applicable to university housing for college students. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 08/30/2012)

Aug. 30, 2012

Aug. 30, 2012

RECAP
33

Unopposed MOTION to Extend Deadlines to File Motions for Summary Judgment by Attorney Scott P. Moore on behalf of Defendants Board of Regents of the University of Nebraska, David L. Brandt, Cheryl Bressington, Christy Horn, University of Nebraska at Kearney, Gail Zeller.(Moore, Scott) (Entered: 09/25/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
34

TEXT ORDER granting 33 Motion to Extend. The deadline (see, Filing No. 32 ) for filing summary judgment motions and briefing on the issue of whether the Fair Housing Act is applicable to university housing for college students is extended to November 6, 2012. Any response or reply to these summary judgment motions shall be filed in accordance with the deadlines set under the Local Rules of this court. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 09/26/2012)

Sept. 26, 2012

Sept. 26, 2012

PACER
35

Joint STIPULATION to Extend Expert Deadlines by Attorney Mary J. Hahn on behalf of Plaintiff United States of America.(Hahn, Mary) (Entered: 10/15/2012)

Oct. 15, 2012

Oct. 15, 2012

PACER
36

ORDER granting 35 Stipulation regarding extending the expert disclosure deadlines. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 10/15/2012)

Oct. 15, 2012

Oct. 15, 2012

RECAP
37

MOTION for Summary Judgment by Attorney Scott P. Moore on behalf of Defendants Board of Regents of the University of Nebraska, David L. Brandt, Cheryl Bressington, Christy Horn, University of Nebraska at Kearney, Gail Zeller.(Moore, Scott) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
38

RESTRICTED DOCUMENT Index of Evidence and Supporting Declarations and Exhibits regarding MOTION for Summary Judgment 37 ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Scott P. Moore on behalf of Defendants Board of Regents of the University of Nebraska, David L. Brandt, Cheryl Bressington, Christy Horn, University of Nebraska at Kearney, Gail Zeller. (Attachments: # 1 Exhibit A - Foundational Declaration of Scott P. Moore, # 2 Exhibit A1 - Declaration of Charles Anthony Earls, # 3 Exhibit A2 - Student Accommodation Documents)(Moore, Scott) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
39

BRIEF in support of MOTION for Summary Judgment 37 by Attorney Scott P. Moore on behalf of Defendants Board of Regents of the University of Nebraska, David L. Brandt, Cheryl Bressington, Christy Horn, University of Nebraska at Kearney, Gail Zeller.(Moore, Scott) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
40

MOTION for Partial Summary Judgment on Whether the Fair Housing Act Covers Universities by Attorney Mary J. Hahn on behalf of Plaintiff United States of America.(Hahn, Mary) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
41

BRIEF in support of MOTION for Partial Summary Judgment on Whether the Fair Housing Act Covers Universities 40 by Attorney Mary J. Hahn on behalf of Plaintiff United States of America.(Hahn, Mary) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
42

INDEX in support of MOTION for Partial Summary Judgment on Whether the Fair Housing Act Covers Universities 40 by Attorney Mary J. Hahn on behalf of Plaintiff United States of America.(Hahn, Mary) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
43

AFFIDAVIT of A. Hung regarding Index 42 by Attorney Mary J. Hahn on behalf of Plaintiff United States of America.(Hahn, Mary) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
44

AFFIDAVIT of A. Hung with Exhibits regarding Index 42 by Attorney Mary J. Hahn on behalf of Plaintiff United States of America. (Attachments: # 1 Exhibit Nos. 8-9, # 2 Exhibit Nos. 11-12, # 3 Exhibit Nos. 14-15, # 4 Exhibit Nos. 17, # 5 Exhibit Nos. 23-25)(Hahn, Mary) (Entered: 11/06/2012)

1 Exhibit Nos. 8-9

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2 Exhibit Nos. 11-12

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3 Exhibit Nos. 14-15

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4 Exhibit Nos. 17

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5 Exhibit Nos. 23-25

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Nov. 6, 2012

Nov. 6, 2012

PACER
45

AFFIDAVIT of A. Hung & Ex. 4 regarding Index 42 by Attorney Mary J. Hahn on behalf of Plaintiff United States of America. (Attachments: # 1 Exhibit No. 4)(Hahn, Mary) (Entered: 11/06/2012)

1 Exhibit No. 4

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Nov. 6, 2012

Nov. 6, 2012

PACER
46

RESTRICTED DOCUMENT A. Hung Decl. Exhibits 18-22 regarding MOTION for Partial Summary Judgment on Whether the Fair Housing Act Covers Universities 40 ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Mary J. Hahn on behalf of Plaintiff United States of America. (Attachments: # 1 Exhibit Nos. 18-22)(Hahn, Mary) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
47

RESTRICTED DOCUMENT Declaration of D. Kraft regarding MOTION for Partial Summary Judgment on Whether the Fair Housing Act Covers Universities 40 ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Mary J. Hahn on behalf of Plaintiff United States of America.(Hahn, Mary) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
48

AFFIDAVIT of A. Hung & Ex. No. 6 regarding Index 42 by Attorney Mary J. Hahn on behalf of Plaintiff United States of America. (Attachments: # 1 Exhibit No. 6)(Hahn, Mary) (Entered: 11/06/2012)

1 Exhibit No. 6

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Nov. 6, 2012

Nov. 6, 2012

PACER
49

AFFIDAVIT of A. Hung and Exs 3, 5, 7, 10, 13, 16 regarding Index 42 by Attorney Mary J. Hahn on behalf of Plaintiff United States of America. (Attachments: # 1 Exhibit Nos. 3, 5, 7, 10, 13, 16)(Hahn, Mary) (Entered: 11/06/2012)

1 Exhibit Nos. 3, 5, 7, 10, 13, 16

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Nov. 6, 2012

Nov. 6, 2012

PACER
50

MOTION for Hearing regarding MOTION for Summary Judgment 37, MOTION for Partial Summary Judgment on Whether the Fair Housing Act Covers Universities 40 (Motion for Oral Argument) by Attorney Scott P. Moore on behalf of Defendants Board of Regents of the University of Nebraska, David L. Brandt, Cheryl Bressington, Christy Horn, University of Nebraska at Kearney, Gail Zeller.(Moore, Scott) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

PACER
51

BRIEF in opposition to MOTION for Partial Summary Judgment on Whether the Fair Housing Act Covers Universities 40 by Attorney Scott P. Moore on behalf of Defendants Board of Regents of the University of Nebraska, David L. Brandt, Cheryl Bressington, Christy Horn, University of Nebraska at Kearney, Gail Zeller.(Moore, Scott) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

PACER
52

RESTRICTED DOCUMENT Index of Evidence in Opposition to regarding MOTION for Partial Summary Judgment on Whether the Fair Housing Act Covers Universities 40 ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Scott P. Moore on behalf of Defendants Board of Regents of the University of Nebraska, David L. Brandt, Cheryl Bressington, Christy Horn, University of Nebraska at Kearney, Gail Zeller. (Attachments: # 1 Exhibit A - Declaration of Scott P. Moore, # 2 Exhibit A1)(Moore, Scott) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

PACER
53

BRIEF in opposition to MOTION for Summary Judgment 37 on Whether the FHA Covers Universities and Colleges by Attorney Mary J. Hahn on behalf of Plaintiff United States of America.(Hahn, Mary) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

PACER
54

INDEX in opposition to MOTION for Summary Judgment 37 on Whether the FHA Covers Universities and Colleges by Attorney Mary J. Hahn on behalf of Plaintiff United States of America. (Attachments: # 1 Affidavit of M. Howard with Exs. A-B)(Hahn, Mary) (Entered: 11/30/2012)

1 Affidavit of M. Howard with Exs. A-B

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Nov. 30, 2012

Nov. 30, 2012

PACER
55

NOTICE of Appearance by Attorney Anthony D. Todero on behalf of Defendants Board of Regents of the University of Nebraska, David L. Brandt, Cheryl Bressington, Christy Horn, University of Nebraska at Kearney, Gail Zeller (Todero, Anthony) (Entered: 12/04/2012)

Dec. 4, 2012

Dec. 4, 2012

PACER
56

Joint MOTION to Amend Order on Motion to Amend,,,,, 29 by Attorney Mary J. Hahn on behalf of Plaintiff United States of America.(Hahn, Mary) (Entered: 12/07/2012)

Dec. 7, 2012

Dec. 7, 2012

PACER
57

ORDER granting 56 Motion to Amend Progression Order. Trial will commence before the Honorable John M. Gerrard, in Courtroom 1, United States Courthouse, Lincoln, Nebraska at 9:00 a.m. on October 15, 2013. Pretrial Conference is scheduled before Judge Zwart on September 30, 2013 by WebEx. An email will be sent to counsel of record with the instructions and codes for participating in the pretrial conference by WebEx. The telephonic status conference is set for January 15, 2013 at 1:30 p.m. before Judge Zwart. Plaintiff's counsel shall initiate the call. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS) (Entered: 12/07/2012)

Dec. 7, 2012

Dec. 7, 2012

RECAP
58

STRICKEN - MOTION for Protective Order by Attorney Scott P. Moore on behalf of Defendants Board of Regents of the University of Nebraska, David L. Brandt, Cheryl Bressington, Christy Horn, University of Nebraska at Kearney, Gail Zeller.(Moore, Scott) Modified on 12/13/2012 to strike pursuant text order 61 (GJG). (Entered: 12/12/2012)

Dec. 12, 2012

Dec. 12, 2012

PACER
59

BRIEF in support of MOTION for Protective Order 58 by Attorney Scott P. Moore on behalf of Defendants Board of Regents of the University of Nebraska, David L. Brandt, Cheryl Bressington, Christy Horn, University of Nebraska at Kearney, Gail Zeller.(Moore, Scott) (Entered: 12/12/2012)

Dec. 12, 2012

Dec. 12, 2012

PACER
60

INDEX in support of MOTION for Protective Order 58 by Attorney Scott P. Moore on behalf of Defendants Board of Regents of the University of Nebraska, David L. Brandt, Cheryl Bressington, Christy Horn, University of Nebraska at Kearney, Gail Zeller. (Attachments: # 1 Exhibit A - A9)(Moore, Scott) (Entered: 12/12/2012)

1 Exhibit A - A9

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Dec. 12, 2012

Dec. 12, 2012

PACER
61

TEXT STRIKE ORDER that Pursuant to NEGenR 1.3(a)(4), the Motion for Protective Order 58 is stricken for the following reason(s): the document is a duplicate of document number 59 . The party is directed to re-file the document. Ordered by Deputy Clerk. (GJG) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
62

MOTION for Protective Order by Attorney Scott P. Moore on behalf of Defendants Board of Regents of the University of Nebraska, David L. Brandt, Cheryl Bressington, Christy Horn, University of Nebraska at Kearney, Gail Zeller.(Moore, Scott) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
63

BRIEF in opposition to MOTION for Protective Order 62 by Attorney Mary J. Hahn on behalf of Plaintiff United States of America.(Hahn, Mary) (Entered: 12/27/2012)

Dec. 27, 2012

Dec. 27, 2012

PACER
64

INDEX in opposition to MOTION for Protective Order 62 and Exs. 1-6 by Attorney Mary J. Hahn on behalf of Plaintiff United States of America. (Attachments: # 1 Affidavit of Mary J. Hahn, # 2 Exhibit Nos. 1-6)(Hahn, Mary) (Entered: 12/27/2012)

1 Affidavit of Mary J. Hahn

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2 Exhibit Nos. 1-6

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Dec. 27, 2012

Dec. 27, 2012

PACER
65

REPLY BRIEF in support of MOTION for Protective Order 62 Pursuant to FED.R.CIV.P.26(c) by Attorney Scott P. Moore on behalf of Defendants Board of Regents of the University of Nebraska, David L. Brandt, Cheryl Bressington, Christy Horn, University of Nebraska at Kearney, Gail Zeller.(Moore, Scott) (Entered: 01/07/2013)

Jan. 7, 2013

Jan. 7, 2013

PACER
66

INDEX in support of MOTION for Protective Order 62, Reply Brief, 65 Pursuant to FED.R.CIV.P.26(c) by Attorney Scott P. Moore on behalf of Defendants Board of Regents of the University of Nebraska, David L. Brandt, Cheryl Bressington, Christy Horn, University of Nebraska at Kearney, Gail Zeller. (Attachments: # 1 Exhibit A - Foundational Declaration, # 2 Exhibit A1 - Declaration of Scott P. Moore)(Moore, Scott) (Entered: 01/07/2013)

1 Exhibit A - Foundational Declaration

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2 Exhibit A1 - Declaration of Scott P. Moore

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Jan. 7, 2013

Jan. 7, 2013

PACER
67

MEMORANDUM AND ORDER regarding: MOTION for Protective Order 62 . On or before February 4, 2013, the parties shall file their respective briefs on the issues identified in this memorandum and order. Any responsive briefs shall be filed on or before February 19, 2013. The motion for protective order will be deemed fully submitted on February 20, 2013. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR) (Entered: 01/18/2013)

Jan. 18, 2013

Jan. 18, 2013

RECAP
68

NOTICE of Appearance by Attorney Colleen M. Melody on behalf of Plaintiff United States of America (Melody, Colleen) (Entered: 02/04/2013)

Feb. 4, 2013

Feb. 4, 2013

PACER
69

BRIEF in support of MOTION for Protective Order 62, Memorandum and Order, 67 by Attorney Scott P. Moore on behalf of Defendants Board of Regents of the University of Nebraska, David L. Brandt, Cheryl Bressington, Christy Horn, University of Nebraska at Kearney, Gail Zeller.(Moore, Scott) (Entered: 02/04/2013)

Feb. 4, 2013

Feb. 4, 2013

PACER
70

BRIEF in opposition to MOTION for Protective Order 62 and Memorandum and Order 67 by Attorney Colleen M. Melody on behalf of Plaintiff United States of America.(Melody, Colleen) (Entered: 02/04/2013)

Feb. 4, 2013

Feb. 4, 2013

PACER
71

BRIEF in support of Motion for Protective Order and In Response to Court's Memorandum and Order (filing No. 67) by Attorney Scott P. Moore on behalf of Defendants Board of Regents of the University of Nebraska, David L. Brandt, Cheryl Bressington, Christy Horn, University of Nebraska at Kearney, Gail Zeller.(Moore, Scott) (Entered: 02/19/2013)

Feb. 19, 2013

Feb. 19, 2013

PACER
72

BRIEF in opposition to MOTION for Protective Order 62 and in Response to Memorandum and Order 67 by Attorney Colleen M. Melody on behalf of Plaintiff United States of America.(Melody, Colleen) (Entered: 02/19/2013)

Feb. 19, 2013

Feb. 19, 2013

PACER
73

Joint MOTION to Amend Progression Order by Attorney Mary J. Hahn on behalf of Plaintiff United States of America.(Hahn, Mary) (Entered: 04/03/2013)

April 3, 2013

April 3, 2013

PACER
74

ORDER granting 73 Motion to Amend the Progression Order.Trial will commence before the Honorable John M. Gerrard, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on February 10, 2014. The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on January 28, 2014 at 11:00 a.m., and will be conducted by WebEx conferencing. An email will be sent to counsel of record with the instructions and codes for participating in the pretrial conference by WebEx. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS) (Entered: 04/04/2013)

April 4, 2013

April 4, 2013

RECAP
75

ORDER - The defendants' Motion for Oral Argument on Motion for Summary Judgment (filing 50 ) is granted. A hearing is set before the undersigned judge in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, Nebraska, commencing at 10 a.m. on Wednesday, April 17, 2013, on the defendants' Motion for Summary Judgment (filing 37 ) and the plaintiff's cross-motion for partial summary judgment (filing 40 ). Each side shall have 15 minutes to argue, divided among counsel for each side as they choose. The plaintiff's counsel shall argue first, and may reserve time for a brief rebuttal. The parties are required to complete Form E, "Party Response to Request for Video Recording," and e-mail it to cameraspilot@ned.uscourts.gov as soon as practicable. Ordered by Judge John M. Gerrard. (AOA) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER
76

NOTIFICATION of Request for Video Recording by Clerk.(CCB) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER
77

PARTY RESPONSE to Request for Video Recording (All Parties Consent)(CCB) (Entered: 04/15/2013)

April 15, 2013

April 15, 2013

PACER
78

TEXT MINUTE ENTRY Hearing held on cross motions for summary judgment 37 40 before Judge John M. Gerrard in Lincoln on 4/17/13. Oral argument made by parties. Court takes judicial notice of index of evidence filed by plaintiff and defendants. Case submitted. Order forthcoming. Appearances for Plaintiff: Mary Hahn and Laurie Kelly; for Defendants: Scott Moore and Alison Basye; Courtroom Deputy: Colleen Beran; Court Reporter: Digital Recording. Time Start: 10:00 a.m.; Time Stop: 10:32 a.m.; Time in Court: 32 Minutes. (CCB) (Entered: 04/17/2013)

April 17, 2013

April 17, 2013

PACER
79

AUDIO FILE. Court Date & Time [ 04/17/2013 9:49:08 AM ]. File Size [ 8746 KB ]. Run Time [ 00:36:26 ]. (Motion Hearing). (auto-docket). (Entered: 04/17/2013)

April 17, 2013

April 17, 2013

PACER
80

MEMORANDUM AND ORDER - IT IS ORDERED: The Plaintiff United States of America's Cross-Motion For Partial Summary Judgment on the Issue of the Fair Housing Act's Application to Universities and Colleges (filing 40 ) is granted. UNK's Motion for Summary Judgment (filing 37 ) is denied. It is established, for purposes of this case, that UNK"s student housing facilities are "dwellings" within the meaning of the Fair Housing Act. Ordered by Judge John M. Gerrard. (TCL ) (Entered: 04/19/2013)

April 19, 2013

April 19, 2013

PACER
81

MEMORANDUM AND ORDER granting in part and denying in part 62 Defendant's Motion for Protective Order. 1) Third-party NACUA shall comply with the subpoena served on it by the plaintiff, but only to the extent the subpoena seeks documents, publications, or website materials that were circulated, distributed, or otherwise made readily available to the Defendants specifically, or to the NACUA membership as a whole, from January 1, 2007 until November 23, 2011.2) To the extent the subpoena requests any other documents or publications, the motion for protective order is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) (Entered: 05/15/2013)

May 15, 2013

May 15, 2013

RECAP
82

REQUEST FOR TRANSCRIPT for proceedings held on 4/17/2013 before District Judge John M. Gerrard on Cross Motions for Summary Judgment by Attorney Scott P. Moore on behalf of Defendants Board of Regents of the University of Nebraska, David L. Brandt, Cheryl Bressington, Christy Horn, University of Nebraska at Kearney, Gail Zeller.(Moore, Scott) (Entered: 06/12/2013)

June 12, 2013

June 12, 2013

PACER
83

LETTER BY CLERK that a CD was sent to Latimer Reporting for transcription regarding Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, Motion Hearing,,,,,, 78 . Transcript ordered by Scott Moore. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (SCR, ) (Entered: 06/12/2013)

June 12, 2013

June 12, 2013

PACER
84

TRANSCRIPT (UNREDACTED) of cross-motions for summary judgment proceedings before District Judge John M. Gerrard held on 4-17-13. Total Number of Billable Pages: 26. Total Number of Pages: 26. The transcript can only be viewed at the courts public terminal or purchased through Transcriber Vicki Jarchow at (402) 476-1153 before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Click here to view the Transcript Redaction Procedure. - Redaction Request due 7/10/2013. Redacted Transcript Deadline set for 7/22/2013. Release of Transcript Restriction set for 9/17/2013. (Jarchow, Vicki) Modified on 9/18/2013 to remove restriction text (TCL ). (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

PACER
85

Unopposed MOTION to Amend Order on Motion to Amend,, 74 the Progression Order by Attorney Mary J. Hahn on behalf of Plaintiff United States of America.(Hahn, Mary) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER
86

MEMORANDUM AND ORDER granting 85 Motion to Amend. The jury trial of this case is set to commence before John M. Gerrard, United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on May 13, 2014. The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on April 29, 2014 at 10:00 a.m., and will be conducted by WebEx conferencing. A telephonic conference with the undersigned magistrate judge will be held on January 14, 2014 at 10:00 a.m. to discuss the status of case progression and potential settlement. Counsel for plaintiff shall place the call. The parties are hereby notified that no further continuances will be granted absent a substantial threshold showing of good cause. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL ) (Entered: 07/17/2013)

July 17, 2013

July 17, 2013

RECAP
87

STRICKEN - ORDER granting 85 Motion to Amend Progression Order. The jury trial is set for May 13, 2014 before U.S. Distruct Judge John M. Gerrard in Courtroom 1, United States Courthouse, Lincoln, NE at 9:00 a.m. The pretrial conference is scheduled for April 29, 2014 at 10:00 a.m. before Magistrate Judge Zwart and will be conducted by WebEx conferencing. An email will be sent to counsel of record with the instructions and codes for participating in the pretrial conference by WebEx.A telephonic conference with Magistrate Judge Zwart will be held on January 14, 2014 at 10:00 a.m. to discuss the status of case progression and potentional settlement. Counsel for plaintiff shall place the call. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS) Modified on 7/17/2013 to add "stricken" text pursuant to Order 88 . (JAB) (Entered: 07/17/2013)

July 17, 2013

July 17, 2013

RECAP
88

TEXT STRIKE ORDER that Pursuant to NEGenR 1.3(a)(4), the Order on Motion to Amend 87 is stricken for the following reason: the document is a duplicate of document number 86 . Ordered by Deputy Clerk. (JAB) (Entered: 07/17/2013)

July 17, 2013

July 17, 2013

PACER
89

TEXT ORDER SETTING HEARING: At Counsels' request, a Planning Conference is set for 8/19/2013 at 01:30 PM by telephone before Magistrate Judge Cheryl R. Zwart. Counsel for Plaintiff shall place the call. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

PACER
90

STATUS REPORT on Discovery and Electronically Stored Information by Attorney Mary J. Hahn on behalf of Plaintiff United States of America.(Hahn, Mary) (Entered: 08/16/2013)

Aug. 16, 2013

Aug. 16, 2013

PACER
91

MEMORANDUM AND ORDER - IT IS ORDERED: 1) Discovery is stayed pending the outcome of a settlement conference before the undersigned magistrate judge. 2) A telephonic conference to discuss the scheduling of the settlement conference will be held on September 3, 2013 at 10:30 a.m. (CDT). Counsel for the plaintiff shall place the call. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL ) (Entered: 08/20/2013)

Aug. 20, 2013

Aug. 20, 2013

RECAP
92

ORDER SETTING Settlement Conference for 9/10/2013 at 9:30 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Magistrate Judge Cheryl R. Zwart.Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

PACER
93

TEXT ORDER: The parties are still exploring options for settlement. Accordingly, 1) The progession deadlines in this case are stayed pending further order of the court.2) On or before September 25, 2013, the parties shall contact my chambers to set a conference call to discuss the status of their settlement discussions, and either the scheduling of an additional settlement conference or, in the alternative, their proposed deadlines for further progression of this case to trial. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 09/11/2013)

Sept. 11, 2013

Sept. 11, 2013

PACER
94

TEXT ORDER SETTING HEARING: At the Court's request, the Telephone Conference is set for 11/25/2013 at 02:00 PM (CST) before Magistrate Judge Cheryl R. Zwart. The Court will email all parties with the call-in conference information. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS) (Entered: 11/18/2013)

Nov. 18, 2013

Nov. 18, 2013

PACER
95

TEXT ORDER SETTING HEARING: A Status Conference will be held before Magistrate Judge Cheryl R. Zwart on December 17, 2013 at 09:00 AM (C.S.T.) by telephone to discuss the status of their settlement discussions, and either the scheduling of an additional settlement conference or, in the alternative, their proposed deadlines for further progression of this case to trial. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Entered: 11/25/2013)

Nov. 25, 2013

Nov. 25, 2013

PACER
96

MEMORANDUM AND ORDER - IT IS ORDERED: A telephonic conference with the undersigned magistrate judge will be held on the record on January 10, 2014 at 8:30 a.m. to discuss: 1) Whether all reasonable attempts at settlement have been exhausted and a progression schedule to trial should be entered; and 2) If the parties believe further efforts at settlement are warranted: a. What representatives of the United States, by name and department, must be present at a settlement conference to fully address the parties' ongoing issues; b. Whether those representatives commit to being present at a settlement conference before the undersigned magistrate judge if the conference is conducted in Washington, D.C. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL ) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

RECAP
97

TEXT NOTICE of Hearing regarding Memorandum and Order 96 . In Court Hearing set for 1/10/2014 08:30 AM by telephone before Magistrate Judge Cheryl R. Zwart. (JAB) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

PACER
98

MEMORANDUM AND ORDER - IT IS ORDERED that the final progression order is as follows: Depositions due 10/1/2014. Jury Trial set for 2/9/2015 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard. Pretrial Conference set for 1/27/2015 at 10:00 AM by WebEx before Magistrate Judge Cheryl R. Zwart. An email will be sent to counsel of record with the instructions and codes for participating in the pretrial conference by WebEx.Ordered by Magistrate Judge Cheryl R. Zwart. (TCL, ) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

PACER
99

TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Cheryl R. Zwart in Lincoln on 1/10/20134. Telephonic Status Conference held. (Audio started 5 minutes late.) Case progression discussed. Order entered. Courtroom Deputy: Jeri A. Bierbower. Reporter: Digital Recorder. Appearance for Plaintiff: Mary Hahn, Colleen Melody and Laurie Kelly; For Defendants: Scott Moore and Alison Basye, retained. Time Start: 8:33 AM; Time Stop: 9:21 AM; Time in Court: 48 Minutes. (JAB) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

PACER
100

AUDIO FILE. Court Date & Time [ 01/10/2014 8:37:58 AM ]. File Size [ 10281 KB ]. Run Time [ 00:42:50 ]. (Status hearing). (auto-docket). (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

PACER

Case Details

State / Territory: Nebraska

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 23, 2011

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The United States, on behalf of a former university student with disabilities.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

University of Nebraska at Kearney (Kearney, Kearney), State

Defendant Type(s):

College/University

Case Details

Causes of Action:

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 140,000

Order Duration: 2015 - 2017

Content of Injunction:

Develop anti-discrimination policy

Reasonable Accommodation

Issues

General:

Housing

Housing assistance

Reasonable Accommodations

School/University Facilities

School/University policies

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Disability (inc. reasonable accommodations)

Mental Disability:

Depression

Type of Facility:

Government-run