United States of America v. State of Nebraska et al

Filing 95

MEMORANDUM AND ORDER - IT IS ORDERED: The motion for reimbursement( filing 94 ) is granted, and the Clerk of the United States District Court for the District of Nebraska shall disburse funds for the consulting services and expenses of independent expert Maria Laurence in the amount of $113,131.78 for services provided from March 1, 2012, to May 31, 2012. Such funds shall be paid from the interest-bearing account set up by the Clerk of Court pursuant to this court's prior order (f iling 9 ). The Clerk of Court shall disburse such funds as soon as practicable; that is, on the date that the interest-bearing account has been sufficiently replenished by the defendants to allow payment of the full amount. As provided in thi s court's prior order (filing 9 ), the "Clerk is authorized to deduct from any monies deposited with the Clerk a fee of 10% of the interest earned each time funds are disbursed." As provided in the parties' settlement agre ement (filing 10 , at 6), and within 45 days of the date of this order, the defendants shall replenish the abovedescribed interest-bearing account with the full amount paid by the Clerk of Court to independent expert Maria Laurence in order to restore the accounts total to $100,000.00. Ordered by Senior Judge Richard G. Kopf. (E-mailed to Financial Specialist)(TCL )

THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
THE STATE OF NEBRASKA;
DAVE HEINEMAN, Governor
of the State of Nebraska, in his
official capacity only; CHRISTINE
PETERSON, Chief Executive
Officer, Nebraska Department
of Health and Human Services,
in her official capacity only; JOHN
WYVILL, Director, Division of
Developmental Disabilities,
Nebraska Department of Health
and Human Services, in his official
capacity only; RON STEGEMANN,
Chief Executive Officer, Beatrice
State Developmental Center, in his
official capacity only,
Defendants.

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8:08CV271

MEMORANDUM
AND ORDER

This case was closed after judgment was entered pursuant to a settlement
agreement between the parties (filing 10). An order related to the settlement agreement
states that “the undersigned retains continuing jurisdiction over this case and the parties
to construe and enforce the settlement agreement.” (Filing 9, at 2.)
The parties’ settlement agreement (filing 10) provides for the appointment of an
independent expert “to monitor the State’s implementation of this Settlement
Agreement.”

The parties originally appointed John J. McGee, Ph.D., as the

independent expert, and Dr. McGee served in that capacity from July 2008 to
December 2009. However, on December 22, 2009, the parties filed with the court a

joint notice of the resignation of Dr. McGee, effective December 31, 2009. The notice
stated that the parties “have jointly selected Maria E. Laurence to assume the role of
the Independent Expert in this case once Dr. McGee’s term ends.” (Filing 48.)
The settlement agreement requires the expert to “submit monthly statements to
the Court . . . detailing all expenses the Independent Expert incurred during the prior
month.” (Filing 10, at 4-5.) The agreement permits payment to consultants who assist
the independent expert1 and allows parties seven business days from receipt of the
independent expert’s monthly statements to file any comments or objections regarding
the statements. (Filing 10, at 6.) After such comments or objections are submitted, the
court is to review the matter and “order the clerk to make the appropriate payments”
to the independent expert.
On July 23, 2012, independent expert Maria Laurence filed a motion for
reimbursement for professional services and expenses in the amount of $113,131.78
for services provided from March 1, 2012, to May 31, 2012. (Filing 94.) As no
objections or comments regarding this reimbursement request were filed, I shall order
that payment be made to Maria Laurence for professional services and expenses in the
amount requested pursuant to the terms of the settlement agreement.
Accordingly,
IT IS ORDERED:
1.

The motion for reimbursement (filing 94) is granted, and the Clerk of the

United States District Court for the District of Nebraska shall disburse funds for the
consulting services and expenses of independent expert Maria Laurence in the amount
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“The cost of the Independent Expert, including the cost of any consultant to assist the
Independent Expert, shall be borne by the State in this action. All reasonable expenses incurred by
. . . any consultant, in the course of the performance of the duties of the Independent Expert . . . shall
be reimbursed by the State.” (Filing 10, at 5.)

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of $113,131.78 for services provided from March 1, 2012, to May 31, 2012.
2.

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).
3.

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.
4.

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.”
5.

As provided in the parties’ settlement agreement (filing 10, at 6), and

within 45 days of the date of this order, the defendants shall replenish the abovedescribed interest-bearing account with the full amount paid by the Clerk of Court to
independent expert Maria Laurence in order to restore the account’s total to
$100,000.00.
DATED this 13 th day of August, 2012.
BY THE COURT:
s/Richard G. Kopf
United States District Judge

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