Case: United States v. Nebraska

United States of America v. State of Nebraska et al

U.S. v. Nebraska

No Court

United States of America v. State of Nebraska et al

United States of America v. State of Nebraska et al

United States of America v. State of Nebraska et al

U.S. v. Nebraska

U.S. v. Nebraska

U.S. v. Nebraska

COMPLAINT against John Wyvill, Ron Stegemann, State of Nebraska, Dave Heineman and Christine Peterson. No Summons issued by Attorney Grace Chung Becker on behalf of United States of America.(MKR) (Entered: 06/30/2008)

APPLICATION/ORDER admitting pro hac vice Attorney Marina Mazor for Plaintiff United States of America. Ordered by Deputy Clerk. (Copies given at the counter) (MKR) (Entered: 06/30/2008)

APPLICATION/ORDER admitting pro hac vice Attorney Richard J. Farano for Plaintiff United States of America. Ordered by Deputy Clerk. (Copies given at the counter) (MKR) (Entered: 06/30/2008)

APPLICATION/ORDER admitting pro hac vice Attorney Benjamin O. Tayloe for Plaintiff United States of America. Ordered by Deputy Clerk. (Copies given at the counter) (MKR) (Entered: 06/30/2008)

APPLICATION/ORDER admitting pro hac vice Attorney Shanetta Y. Brown Cutlar for Plaintiff United States of America. Ordered by Deputy Clerk. (Copies given at the counter) (MKR) (Entered: 06/30/2008)

APPLICATION/ORDER admitting pro hac vice Attorney Grace Chung Becker for Plaintiff United States of America. Ordered by Deputy Clerk. (Copies given at the counter) (MKR) (Entered: 06/30/2008)

Joint MOTION that the Court Enter the Parties' Negotiated Settlement Agreement by Attorney Joe W. Stecher on behalf of Plaintiff United States of America.(Stecher, Joe) (Entered: 06/30/2008)

BRIEF in support of Joint MOTION that the Court Enter the Parties' Negotiated Settlement Agreement 7 by Attorney Joe W. Stecher on behalf of Plaintiff United States of America.(Stecher, Joe) (Entered: 06/30/2008)

MEMORANDUM AND ORDER − After consultation by telephone with Richard Farano, counsel for the United States, and Jodi Fenner, counsel for the defendants, and with their agreement, IT IS ORDERED that: 1. No evidentiary hearing or other hearing is required or is necessary prior to the approval of the settlement agreement by the undersigned. 2. In accordance with Federal Rules of Civil Procedure 58 and 79, the settlement agreement, with the approval of the undersigned at page 38, shall constitute a final judgment the entry of which shall be deemed for all purposes to have occurred when the same is recorded on the Court's CM/ECF system. Notwithstanding this provision, the undersigned retains continuing jurisdiction over this case and the parties to construe and enforce the settlement agreement. Ordered by Judge Richard G. Kopf. (Copy to Financial)(JAB) (Entered: 07/02/2008)

JUDGMENT with Settlement Agreement regarding Memorandum and Order, 9 . Ordered by Judge Richard G. Kopf. (JAB) (Entered: 07/02/2008)

LETTER − Activities and Expense Report of Independent Expert John J. McGee. (JAB) (Entered: 08/18/2008)

TEXT RECEIPT number 4−2417, in the amount of $ 12,000.00 by Defendant State of Nebraska pursuant to Order 12 . (JAB) (Entered: 03/24/2009)

TEXT RECEIPT number CQ08464700389, in the amount of $100,000.00 paid by Defendant State of Nebraska pursuant to Judgment with Settlement Agreement 10 . (JAB) (Entered: 03/27/2009)

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)

LETTER − Activities and expense report of independent expert John J. McGee. (LKL) (Entered: 09/19/2008)

TEXT RECEIPT number 4−2511, in the amount of $ 12,000.00 by Defendant State of Nebraska pursuant to Order 14 . (JAB) (Entered: 03/24/2009)

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)

LETTER − Activities and expense report for September, of independent expert John J. McGee.(JAB) (Entered: 10/15/2008)

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)

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)

TEXT RECEIPT number 4−2582, in the amount of $ 15,310.17 by Defendant State of Nebraska pursuant to Order 17 . (JAB) (Entered: 03/24/2009)

LETTER − Activities and expense report of independent expert John J. McGee for November, 2008.(JAB) (Entered: 02/18/2009)

LETTER − Activities and expense report of independent expert John J. McGee for December, 2008.(JAB) (Entered: 02/18/2009)

LETTER − Activities and expense report of independent expert John J. McGee for January, 2009.(JAB) (Entered: 02/18/2009)

MOTION for fees for consultants Macomb−Oakland Regional Center, John Williams, and Life Project Consulting (from September, 2008 − December, 2008) filed by Independent Expert John J. McGee. (JAB) (Entered: 02/26/2009)

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)

MOTION for Fees − Activities and expense report of independent expert John J. McGee for February, 2009. (JAB) (Entered: 03/10/2009)

TEXT RECEIPT number 4−2926, in the amount of $ 22,417.09 by Defendant State of Nebraska pursuant to Order 22 . (JAB) (Entered: 03/24/2009)

TEXT RECEIPT number 4−2929, in the amount of $ 14,790.77 by Defendant State of Nebraska pursuant to Order 22 . (JAB) (Entered: 03/24/2009)

TEXT RECEIPT number 4−2930, in the amount of $ 16,285.76 by Defendant State of Nebraska pursuant to Order 24 . (JAB) (Entered: 03/24/2009)

TEXT RECEIPT number 4−2933, in the amount of $ 12,877.83 by Defendant State of Nebraska pursuant to Order 24 . (JAB) (Entered: 03/24/2009)

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)

TEXT RECEIPT number 4−3048, in the amount of $ 50,092.86 by Defendant State of Nebraska pursuant to Order 24 . (SDA, ) (Entered: 05/15/2009)

Mail Returned as Undeliverable addressed to grace.becker@usdoj.gov regarding Receipt (Monetary). E−mail not resent. Attorney no longer works in the office. Motion to withdraw coming. (JAB) (Entered: 05/19/2009)

MOTION to Withdraw as Attorney (Grace Chung Becker) by Attorney Marina Mazor on behalf of Plaintiff United States of America. (Attachments: # 1 Text of Proposed Order Proposed Order)(Mazor, Marina) (Entered: 05/19/2009)

TEXT NOTICE REGARDING PROPOSED ORDER attached to motion withdraw as attorney 26 by Deputy Clerk. Pursuant to NECivR 7.2, 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. (SED) (Entered: 05/20/2009)

ORDER granting 26 United States' Motion to Withdraw as Attorney (Grace Chung Becker). Ordered by Magistrate Judge David L. Piester. (JAB)

LETTER − Activities and Expense Report of Independent Expert John J. McGee for March 2009. (JAB) (Entered: 07/20/2009)

LETTER − Activities and Expense Report of Independent Expert John J. McGee for April 2009. (JAB) (Entered: 07/20/2009)

LETTER − Activities and Expense Report of Independent Expert John J. McGee for May 2009. (JAB) (Entered: 07/20/2009)

LETTER − Activities and Expense Report of Independent Expert John J. McGee for June 2009. (JAB) (Entered: 07/20/2009)

MOTION to Appoint Counsel by Attorney Mark A. Ludwig on behalf of Defendants John Wyvill, Ron Stegemann, State of Nebraska, Dave Heineman, Christine

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)

TEXT RECEIPT number 4−3195, in the amount of $ 14,830.00 by Defendant State of Nebraska pursuant to Order 35 . (SDA) (Entered: 08/05/2009)

TEXT RECEIPT number 4−3198, in the amount of $ 10,580.00 by Defendant State of Nebraska pursuant to Order 35 . (SDA) (Entered: 08/07/2009)

NOTICE of Appearance by Attorney Bradley Gianakos on behalf of Defendants John Wyvill, Ron Stegemann, State of Nebraska, Dave Heineman, Christine Peterson (Gianakos, Bradley) (Entered: 08/14/2009)

MOTION to Withdraw as Attorney by Attorney Bradley Gianakos on behalf of Defendants John Wyvill, Ron Stegemann, State of Nebraska, Dave Heineman, Christine Peterson.(Gianakos, Bradley) (Entered: 08/14/2009)

MOTION to Withdraw as Attorney by Attorney Bradley Gianakos on behalf of Defendants John Wyvill, Ron Stegemann, State of Nebraska, Dave Heineman, Christine Peterson.(Gianakos, Bradley) (Entered: 08/14/2009)

TEXT NOTICE REGARDING ELECTRONIC SIGNATURE re certificates of services to Motion to Withdraw as Attorney 37 , Motion to Withdraw as Attorney 38 and Notice of Appearance 36 by Deputy Clerk. This document does not comply with NECivR 11.1(a) regarding signatures as to the certificates of service. This notice is for your information for future filings.(SED) (Entered: 08/17/2009)

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)

TEXT RECEIPT number 4−3210, in the amount of $ 13,250.00 by Defendant State of Nebraska pursuant to Order 35 . (JAB) (Entered: 08/19/2009)

INDEPENDENT EXPERT REPORT Quarter 2, 2009 filed by John J. McGee, PhD. (JAB) (Entered: 09/29/2009)

MOTION for Fees of Independent Expert John J. McGee, PhD., for July, 2009. (JAB) (Entered: 09/29/2009)

MOTION for Fees of Independent Expert John J. McGee, PhD for August, 2009. (JAB) (Entered: 09/29/2009)

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)

MOTION for Fees of Independent Expert John J. McGee, PhD for September, 2009. (JAB) (Entered: 12/02/2009)

MOTION for Fees of Independent Expert John J. McGee, PhD for October, 2009(JAB) (Entered: 12/02/2009)

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)

NOTICE OF RESIGNATION AND REPLACEMENT OF INDEPENDENT EXPERT by Attorney Bradley Gianakos on behalf of Defendants Dave Heineman, Christine Peterson, State of Nebraska, Ron Stegemann, John Wyvill, Plaintiff United States of America (Gianakos, Bradley) (Entered: 12/22/2009)

TEXT RECEIPT number 4−3575, in the amount of $ 48,960.87 by Defendant State of Nebraska pursuant to Order 44 and 47 . (AOA) (Entered: 01/21/2010)

MOTION for Fees of Consultant John Williams from January − May, 2009 filed by Independent Expert John J. McGee, PhD. (Attachments: # 1 Cover letter) (CD Attachment [AT49] Maintained in Clerk's Office) ACCESS TO THE COVER LETTER IS RESTRICTED PURSUANT TO THE E−GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT.(JAB) (Entered: 03/26/2010)

MOTION for Fees of Consultant John Williams from June − July, 2009 filed by Independent Expert John J. McGee, PhD. (Attachments: # 1 Cover letter) ACCESS TO THE COVER LETTER IS RESTRICTED PURSUANT TO THE E−GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT.(JAB) (Entered: 03/26/2010)

MOTION for Fees of Consultant Marge Brown of Life Project Consulting from January − May, 2009 filed by Independent Expert John J. McGee, PhD. (Attachments: # 1 Cover letter) (CD Attachment [AT51] Maintained in Clerk's Office) ACCESS TO THE COVER LETTER IS RESTRICTED PURSUANT TO THE E−GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT.(JAB) (Entered: 03/26/2010)

MOTION for Fees of Consultant Marge Brown of Life Project Consulting from June−July, 2009 filed by Independent Expert John J. McGee, PhD. (Attachments: # 1 Cover letter) ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E−GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT.(JAB) (Entered: 03/26/2010)

MOTION for Fees of Consultants from Macomb−Oakland Regional Center from January − May, 2009 filed by Independent Expert John J. McGee, PhD. (Attachments: # 1 Cover letter) ACCESS TO THE COVER LETTER IS RESTRICTED PURSUANT TO THE E−GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT.(JAB) (Entered: 03/26/2010)

MOTION for Fees of Consultants from Macomb−Oakland Regional Center from June−July, 2009 filed by Independent Expert John J. McGee, PhD. (Attachments: # 1 Cover letter) ACCESS TO THE COVER LETTER IS RESTRICTED PURSUANT TO THE E−GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. (JAB) (Entered: 03/26/2010)

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)

LETTER from John J. McGee, Ph.D. regarding submission of receipts. (JSF) (Entered: 04/13/2010)

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)

LETTER from John J. McGee, Ph.D. regarding submission of receipts.(CJP) (Entered: 05/04/2010)

INFORMATIVE MOTION reimbursement of services rendered by consultant Marge Brown for the independent expert. (Attachments: # 1 Transmittal Letter)(CJP) ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E−GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. (Entered: 05/04/2010)

INFORMATIVE MOTION reimbursement of services rendered by the Macomb−Oakland Regional Center Consultants for the independent expert. (Attachments:# 1 Transmittal Letter)(CJP) ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E−GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. (Entered: 05/04/2010)

INFORMATIVE MOTION reimbursement of services rendered by consultant John Williams for the independent expert (Attachments: # 1 Transmittal Letter)(CJP) ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E−GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. (Entered: 05/04/2010)

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)

OBJECTION to Motion for Miscellaneous Relief, 61 , Motion for Miscellaneous Relief, 62 , Motion for Miscellaneous Relief, 60 by Attorney Bradley Gianakos on behalf of Defendants Dave Heineman, Christine Peterson, State of Nebraska, Ron Stegemann, John Wyvill.(Gianakos, Bradley) (Entered: 05/14/2010)

RESPONSE regarding OBJECTION 64 by John McGee. (ADB, ) (Entered: 05/20/2010)

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)

MEMORANDUM AND ORDER granting 65 Motion for reimbursement, 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 consulting services and expenses of independent expert Maria Laurence in the amount of $60,525.55 for services provided from January 1, 2010, to April 30, 2010. 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 deposited 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−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 Financial) (JSF) (Entered: 06/22/2010)

TEXT RECEIPT number 4−3924, in the amount of $ 68,054.05 by Defendant State of Nebraska pursuant to order 67 . (AOA) (Entered: 07/01/2010)

TEXT RECEIPT number 4−3930, in the amount of $ 60,525.55 by Defendant State of Nebraska pursuant to order 68 . (AOA) (Entered: 07/07/2010)

MOTION for Fees of Independent Expert, Maria Laurence, for May 1, 2010 through July 31, 2010. (Attachments: # 1 Cover letter)(JAB) (Entered: 08/31/2010)

MEMORANDUM AND ORDER − The motion for reimbursement (filing 69 ) is 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 consulting services and expenses of independent expert Maria Laurence in the amount of $75,112.23 for services provided from May 1, 2010, to July 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. (Copy to Financial)(JAB) (Entered: 09/13/2010)

MOTION for Fees of Independent Expert, Maria Laurence, for August 1 through August 31, 2010. (TCL ) (Entered: 10/12/2010)

TEXT RECEIPT number 4−4239, in the amount of $ 75,112.23 by Defendant State of Nebraska pursuant to order 70 . (TEL) (Entered: 12/14/2010)

TEXT RECEIPT number 4−4238, in the amount of $ 44,068.50 by Defendant State of Nebraska pursuant to order 72 . (TEL) (Entered: 12/14/2010)

MOTION for Fees of Independent Expert, Maria Laurence, for September 1 through October 31, 2010. (JAB) (Entered: 11/19/2010)

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)

TEXT RECEIPT number 4−4305, in the amount of $ 40,602.33 by Defendant State of Nebraska pursuant to order 74 . (TEL) (Entered: 12/14/2010)

MEMORANDUM AND ORDER − On March 1, 2011, my law clerk took a telephone call from independent expert Maria Laurence, the substance of which is summarized in the attached memorandum. The Clerk of Court shall file this order and the attached memorandum and treat them as restricted documents only available to counsel; and The court will take no further action. Ordered by Judge Richard G. Kopf. (ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E−GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT) (Attachments: # 1 Memorandum)(JAB) (Entered: 03/01/2011)

MOTION to Withdraw as Attorney by Attorney Bradley Gianakos on behalf of Defendants Dave Heineman, Christine Peterson, State of Nebraska, Ron Stegemann, John Wyvill.(Gianakos, Bradley) (Entered: 03/02/2011)

NOTICE of Appearance by Attorney Matthew J. Effken on behalf of Defendants Dave Heineman, Christine Peterson, State of Nebraska, Ron Stegemann, John Wyvill (Effken, Matthew) (Entered: 03/02/2011)

MOTION for Fees of Independent Expert, Maria Laurence, from November 1, 2010 to December 31, 2010. (TEL) (Entered: 03/04/2011)

TEXT ORDER granting 76 Defendant's Motion to Withdraw as Attorney. Attorney Bradley Gianakos is allowed to withdraw from this case. Ordered by Judge Richard G. Kopf. (JAB) (Entered: 03/07/2011)

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)

MOTION for Fees of Independent Expert, Maria Laurence, from January 1, 2011 through March 31, 2011. (TEL) (Entered: 05/05/2011)

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)

MOTION for Fees of Independent Expert, Maria Laurence, from April 1, 2011 through June 30, 2011. (TEL) (Entered: 07/25/2011)

TEXT RECEIPT number 4−4837, in the amount of $ 79,930.05 by Defendant State of Nebraska pursuant to order 82 . (AOA) (Entered: 08/12/2011)

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)

MOTION for Fees of Independent Expert, Maria Laurence, from July 1, 2011 through August 31, 2011. (TEL) (Entered: 09/15/2011)