Case: United States v. University of Nebraska at Kearney

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

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

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)

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

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)

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

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

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

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

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)

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)

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

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)

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)

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

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)

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

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

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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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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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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)

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)

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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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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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)

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)

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)

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)

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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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)

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)

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)

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)

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)

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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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)

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)

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)

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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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)

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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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)

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

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)

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)

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)

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)

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)

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)

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)

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

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)