United States v University of Nebraska at Kearney

Filing 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)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,

4:11CV3209

vs.
MEMORANDUM AND ORDER
UNIVERSITY OF NEBRASKA AT
KEARNEY, et al,
Defendants.
The court has thoroughly reviewed the parties' respective arguments and evidence on the
pending motion for protective order, (Filing No. 62), and has concluded the ruling on the motion
depends on the following issues:
As to the issue of liability, why and to what degree does it make a difference
whether the defendants knew or had reason to know that their alleged
discriminatory conduct could violate the Fair Housing Act? Simply stated, even
assuming the defendants' conduct violated the FHA, must the United States prove
anything other than the violation itself--does the defendants' degree of culpability
make a difference?
As to the remedy, assuming the USA prevails, can it recover punitive damages
from these defendants?
The parties' pending filings, including the summary judgment filings, do not fully address
these issues. The parties should be afforded the opportunity to address these threshold issues
before the court rules on the motion for protective order. Accordingly,
IT IS ORDERED:
1)

On or before February 4, 2013, the parties shall file their respective briefs on the
issues identified in this memorandum and order.

2)

Any responsive briefs shall be filed on or before February 19, 2013.

3)

The motion for protective order will be deemed fully submitted on February 20,
2013.

January 18, 2013.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge