IN THE UNITED STATES DISTRICT COURT
 FOR THE DISTRICT OF NEBRASKA


United States of America, Plaintiff,
v. The Latvian Tower Condominium Association, Inc. and Karl Tegtmeyer,
Defendants.

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Civil Action No. 8:08-cv-489

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COMPLAINT

The United States of America alleges as follows:


NATURE OF THE ACTION


1. This action is brought by the United States to enforce Title VIII of the Civil

Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (Fair Housing

Act), 42 U.S.C. §§ 3601-3619. It is brought on behalf of James A. Brown and Jeffrey S.

Daubman pursuant to Section 812(o) of the Fair Housing Act, 42 U.S.C. § 3612(o), and Section

814(a) of the Fair Housing Act, 42 U.S.C. § 3614(a).

JURISDICTION AND VENUE

2. This Court has jurisdiction over this action under 28 U.S.C. § 1345, and 42 U.S.C.

§§ 3612(o) and 3614(a).

3. Pursuant to 28 U.S.C. § 1391(b), venue is proper because the claims alleged

herein arose in the District of Nebraska.

PARTIES
 4. Defendant The Latvian Tower Condominium Association, Inc. (“LTCA”) is a non-profit corporation organized under the laws of the State of Nebraska. The LTCA was organized in 1979, and is the governing body for all unit owners in Latvian Tower, a seven-story condominium complex located at 3003 Paddock Plaza, Omaha, Nebraska. Latvian Tower is separated into twenty units occupied as residences. 5. The units at Latvian Tower are dwellings within the meaning of 42 U.S.C. § 3602(b). 6. Defendant Karl Tegtmeyer, a resident of the state of Nebraska, has resided in Latvian Tower since 1978, and has served as President of the LTCA since May 2007. 7. James A. Brown and Jeffrey S. Daubman (“Complainants”) owned as joint tenants Unit 722 of Latvian Tower, 3003 Paddock Plaza, Omaha, Nebraska from 2002 until on or about February 22, 2008.
FACTUAL ALLEGATIONS 8. At all times relevant to this Complaint, the LTCA was responsible for the maintenance, repair, replacement, administration, and operation of Latvian Tower, pursuant to Declaration 6 of the Amended Master Deed and Declaration for The Latvian Tower Condominiums. 9. At all times relevant to this Complaint, Unit 722 was subject to the Amended Master Deed and Declaration of The Latvian Tower Condominiums and the By-Laws of the LTCA.
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10. At all times relevant to this Complaint, the Amended Master Deed and Declaration, ¶ 19(l), stated that “No Unit shall be sold or leased for any period of time to any person who, at the date of said purchase or lease, has children who will occupy or reside in the Unit one hundred eighty (180) days or more in any one calendar year. For the purposes of this paragraph 19 (l) ‘Children’ shall mean persons under the age of sixteen (16) years or such younger age as may be established by the Board of Directors.”
11. Article V § 1 of the LTCA’s By-Laws implements ¶ 19(l) of the Amended Master Deed and Declaration on residents of Latvian Tower by providing that “[e]ach Unit Owner shall comply with the use and occupancy restrictions set forth in the Declaration.”
12. The Amended Master Deed and Declaration and By-Laws have been in effect since 1979.
13. In 2003, Complainants decided to sell Unit 722, and, on or about December 12, 2003, Complainants listed Unit 722 with a real estate agent for $479,950.
14. Between March 2005 and December 2007, at least three potential buyers were discouraged from purchasing Unit 722 because of the adults-only provision of the Amended Master Deed and Declaration and the Defendants’ enforcement of that provision.
15. Each potential buyer was a family with one or more individuals under the age of eighteen domiciled with a parent within the meaning of 42 U.S.C. § 3602 (k).
16. On or about September 6, 2007, Karl Tegtmeyer told Complainants’ real estate agent that “he knew about the fair housing laws and that he could exclude children under the age of 16 years of age . . . and [that he] could do anything he wanted,” or words to that effect.
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17. Subsequent to the September 6, 2007 conversation with Complainants’ real estate agent, Karl Tegtmeyer removed the agent’s “For Sale” sign from the yard of Latvian Tower.
18. The LTCA held a special meeting on or about September 8, 2007 without providing notice as required by the By-Laws. At the meeting, the LTCA discussed whether it could maintain Latvian Tower “for adults only,” and a majority of those present voted to seek legal counsel.
19. The LTCA failed to amend the Master Deed or the By-Laws to permit children on or about September 8, 2007, nor did it reconvene at a later date to adopt such an amendment. The LTCA did not communicate to Complainants that the policy would not be enforced.
20. On or about November 8, 2007, Complainants’ attorney wrote Mr. Tegtmeyer and the LTCA a letter informing them that “[t]he actions of the Board and its Officers are in clear violation of the Fair Housing Act as amended to include ‘familial status[,]’” (emphasis in original) and asking that the adults-only provision be eliminated. Neither the LTCA nor Mr. Tegtmeyer responded to this letter.
21. At a special meeting on or about December 12, 2007, the LTCA discussed the anticipated filing by Complainants of a “federal complaint” against Latvian Tower, and the LTCA’s plans to “chang[e] to a 55+ building.”
22. Unit 722 was ultimately sold in February 2008 for $239,500 to an individual with no children.
23. As of August 1, 2008, the LTCA maintained a policy that prohibits the sale or lease of a unit to any person who has children who will occupy or reside in the unit for 180 days
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or more in a calendar year. 24. At no time relevant to the Complaint did Mr. Tegtmeyer or the LTCA indicate to
Complainants that Defendants would not enforce the adults-only policy. HUD INVESTIGATION AND CHARGE
25. On February 6, 2008, Complainants filed a complaint with the United States Department of Housing and Urban Development (HUD) alleging that Karl Tegtmeyer and the LTCA discriminated against them in violation of the Fair Housing Act by interfering with the sale of their condominium because of the familial status of the potential buyers.
26. As required by the Fair Housing Act, 42 U.S.C. §§ 3610(a) and (b), the Secretary of HUD conducted an investigation of the Complainants’ complaint, attempted conciliation without success, and prepared a final investigative report. Based on the information gathered in this investigation, the Secretary, pursuant to 42 U.S.C. § 3610(g), determined that reasonable cause exists to believe that illegal discriminatory housing practices had occurred. Therefore, on or about September 24, 2008, the Secretary issued a Determination of Reasonable Cause and Charge of Discrimination pursuant to 42 U.S.C. § 3610(g), charging the Defendants with discrimination on the basis of race in violation of the Fair Housing Act, as amended, 42 U.S.C. §§ 3604(a), (c), and (d).
27. On September 29, 2008, Complainants elected to have the claims asserted in HUD’s Charge of Discrimination resolved in a federal civil action pursuant to 42 U.S.C. § 3612(a).
28. On September 30, 2008, the Administrative Law Judge issued a Notice of
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Election and terminated the administrative proceeding on the HUD complaint filed by Complainants.
29. Following this Notice of Election, the Secretary of HUD authorized the Attorney General to commence a civil action, pursuant to 42 U.S.C. § 3612(o).
FIRST CLAIM FOR RELIEF 30. Plaintiff re-alleges and herein incorporates by reference the allegations set forth in paragraphs 1-29, above. 31. By the actions and statements referred to in the foregoing paragraphs, Defendants Karl Tegtmeyer and the LTCA have: (a) Refused to allow the sale or negotiations for the sale, or otherwise made
unavailable, a dwelling because of familial status, in violation of 42 U.S.C. § 3604(a); (b) Made, printed, or published one or more notices, statements, or advertisements, with respect to the sale of a dwelling that indicated a preference, limitation, or discrimination based on familial status, in violation of 42 U.S.C. § 3604(c); and (c) Represented that, because of familial status, a dwelling is not available for inspection or sale when such dwelling is in fact so available, in violation of 42 U.S.C. § 3604(d). 32. Complainants have suffered damages as a result of Defendants’ discriminatory conduct. 33. Defendants’ actions described in the preceding paragraphs were intentional,
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willful, and taken in disregard for the rights of the Complainants. SECOND CLAIM FOR RELIEF
34. Plaintiff re-alleges and herein incorporates by reference the allegations set forth in paragraphs 1-33, above.
35. Defendants’ conduct described above constitutes: (a) A pattern or practice of resistance to the full enjoyment of rights granted by the
Fair Housing Act, 42 U.S.C. §§ 3604(a), 3604(c), and 3604(d), in violation of 42 U.S.C. § 3614(a); or (b) A denial to a group of persons of rights granted by the Fair Housing Act, 42 U.S.C. §§ 3604(a), 3604(c), and 3604(d), which raises an issue of general public importance, in violation of 42 U.S.C. § 3614(a). 36. In addition to Complainants, there are other victims of Defendants’ discriminatory actions and practices who are “aggrieved persons” as defined in 42 U.S.C. § 3602(i), including but not limited to the potential buyers for whom housing was made unavailable and the real estate agents who lost or received reduced commissions. These persons may have suffered actual injury and damages as a result of Defendants’ discriminatory conduct. 37. Defendants’ actions were intentional, willful, and taken in disregard for the rights of others, including but not limited to the Complainants, the persons for whom housing was made unavailable, and the real estate agents who lost or received reduced commissions because of familial status.
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WHEREFORE, the United States prays that the court enter an ORDER that: 1. Declares that Defendants Karl Tegtmeyer and the LTCA’s policies and practices, as alleged herein, violated the Fair Housing Act; 2. Declares that Defendants Karl Tegtmeyer and the LTCA have engaged in a pattern or practice of discrimination in violation of the Fair Housing Act, or have denied rights under the Fair Housing Act to a group of persons raising an issue of general public importance; 3. Enjoins Defendants Karl Tegtmeyer and the LTCA, their officers, employees, agents, successors and all other persons in active concert or participation with any of them, from discriminating on the basis of familial status in violation of the Fair Housing Act; 5. Awards monetary damages, pursuant to 42 U.S.C. §§ 3612(o)(3), 3613(c)(1), and 3614(d)(1)(B) to all persons harmed by the Defendants Karl Tegtmeyer and the LTCA’s discriminatory practices; and 6. Assesses a civil penalty against Defendants Karl Tegtmeyer and the LTCA in an amount authorized by 42 U.S.C. § 3614(d)(1)(C) and 28 C.F.R. § 85.3(b)(3) to vindicate the public interest. The United States further prays for such additional relief as the interests of justice may require.
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The United States of America hereby requests that trial of the above and foregoing action should be held in Omaha, Nebraska, and that the case be calendared accordingly. Dated: October 29, 2008

JOE W. STECHER United States Attorney

MICHAEL B. MUKASEY Attorney General
GRACE CHUNG BECKER Acting Assistant Attorney General Civil Rights Division
STEVEN H. ROSENBAUM Chief, Housing and Civil Enforcement Section
REBECCA B. BOND Deputy Chief

s/ Laurie A. Kelly_______ LAURIE A. KELLY MA# 557575 Assistant United States Attorney District of Nebraska 1620 Dodge St., Ste. 1400 Omaha, NE 68102-1506 Tel: (402) 661-3700 Fax: (402) 661-3081 Email: Laurie.Kelly@usdoj.gov

s/ Robin L. Dull____________ ROBIN L. DULL NY# 4559084 Trial Attorney Civil Rights Division United States Department of Justice Housing and Civil Enforcement
Section - G Street 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Tel.: (202) 305-7780 Fax: (202) 514-1116 Email: Robin.Dull@usdoj.gov

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 Case: 8:08-cv-00489-WKU-CRZ Document #: 81 Date Filed: 03/03/10 Page 1 of 16

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,
Plaintiff,
and
JAMES BROWN and JEFFREY DAUBMEN,
Plaintiffs/Intervenors.
v.
THE LATVIAN TOWER CONDOMINIUM ASSOCIATION, INC., and KARL TEGTMEYER,
Defendant.

CASE NO. 8:08-cv-489 Judge Warren K. Urbom Magistrate Judge Cheryl R. Zwart
CONSENT ORDER

I. Factual and Procedural Background The United States initiated this action on October 29, 2008, against The Latvian Tower Condominium Association, Inc. ("LTCA") and its president, Karl Tegtmeyer. In its complaint, the United States alleges that Defendants violated the Fair Housing Act, Title VIII of the Civil Rights Act of 1988, 42 U.S.C. §§ 3601 et seq. ("the Act" or "the FHA"), on the basis of familial status with respect to the sale of Unit 722 the Latvian Tower Condominiums in Omaha, Nebraska. The United States alleges that the Defendants violated the FHA by adopting and enforcing a Master Deed and By-Laws that prohibited children under the age of sixteen (16) from occupying or residing in a condominium unit in Latvian Towers. The United States further alleges that the conduct of Defendants constitutes a refusal to allow the

Case: 8:08-cv-00489-WKU-CRZ Document #: 81 Date Filed: 03/03/10 Page 2 of 16
sale of or negotiations for the sale of, or otherwise making unavailable, a dw elling because of familial status, in violation of 42 U.S.C. § 3604(a); the making, printing, or publishing of statements with respect to the sale of a dwelling that indicate a preference, limitation, or discrimination based on familial status, in violation of 42 U.S.C. § 3604(c); and representation that, because of familial status, a dwelling is not available for inspection or sale when such dwelling is in fact so available, in violation of 42 U.S.C. § 3604(d). The United States further alleges that Defendants' conduct as described above constitutes a pattern or practice of resistance to the full enjoyment of rights granted by the Act, and a de nial to a g roup of persons of rights granted by the Act, which denial raises an issue of general public importance, in violation of 42 U.S.C. § 3614(a).
The Defendants deny the allegations of the United States and deny that they have violated the FHA in any manner. It enters into this Consent Order to avoid the costs of protracted litigation and n othing herein is or should be construed as an admission of liability.
The parties desire to avoid costly and pr otracted litigation and agree that the claims against Defendants should be settled and resolved without the necessity of a trial. T he parties have agreed to the entry of this Consent Order, as indicated by the signatures below.
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Therefore, it is ORDERED, ADJUDGED and DECREED as follows: II. Injunction
1. Defendants, their agents, employees, successors, and all persons in active concert or participation with them are hereby enjoined, with respect to the sale or rental of dwellings, from: a. Refusing to allow the sale or rental of, or the negotiating for the sale or rental of, or otherwise making unavailable or denying, a d welling to any person because of familial status; b. Making, printing, or publishing, or causing to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on familial status, or an intention to make any such preference, limitation, or discrimination; or c. Representing that, because of familial status, a dw elling is not available for inspection, sale, or rental when such dwelling is in fact so available. III. Nondiscrimination Policy and Master Deed
2. Defendants' responsibilities under this Consent Order shall apply to each and every dwelling unit in which any Defendant has an ownership, management, or other financial interest, and to any and all dwelling units governed, controlled, or regulated in any way by Defendants. Dwelling units subject to this Order are hereinafter referred to as "covered dwelling units," a current list of which is attached as Exhibit A. Defendants' signatures to this Order serve as a certification of the completeness and accuracy of this list.
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3. Defendant LTCA shall prepare and implement a uniform, non-discriminatory Policies regarding the rental or sale of covered dwelling units that shall be applied equally to all applicants or prospective purchasers, actual and prospective, regardless of their familial status (having children under 18). An acceptable example of a non-discriminatory policy is attached as Exhibit B. Defendant LTCA shall amend its Master Deed to remove Paragraph 19(l). IV. Notice to Public of Nondiscrimination Policies
4. Within thirty (30) days after the date of entry of this Consent Order, Defendants shall prominently post in all common areas of the Latvian Tower Condominium a fair housing sign no smaller than ten (10) inches by fourteen (14) inches indicating that Defendants operate and manage the property on a nondiscriminatory basis. A poster that comports with 24 C .F.R. Part 110 will satisfy this requirement. V. Mandatory Training
5. Within thirty (30) days of the entry of this Consent Order, Defendant LTCA shall provide a copy of this Order and Nondiscrimination Policy and Master Deed to its officers and secure the signed statement from each officer acknowledging that he or she has received and read the Order and the Nondiscrimination Policy and Master Deed and has had the opportunity to have questions answered about the Order and Nondiscrimination Policy and Master Deed and agrees to abide by the relevant provisions of the Order and said policies and procedures. This statement shall be in the form of Exhibit C.
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6. Within one hundred eighty (180) days from the date of entry of this Order, Karl Tegtmeyer and the officers of the LTCA shall undergo in-person training on the Fair Housing Act, with specific emphasis on discrimination on the basis of familial status. The training shall be conducted by an independent, qualified third party, approved in advance by the United States, and any expenses associated with this training shall be borne by Defendants. D efendants shall obtain from the trainer certifications of attendance, executed by each individual who received the training, confirming their attendance, in a form acceptable to the United States. This confirmation shall include the name of the course, the date the course was taken, and the length of the course and/or time within which the course was completed.
7. During the term of this Order, within five (5) days after the appointment of each officer of the board of the LTCA, Defendants shall provide a copy of this Order and the Nondiscrimination Policy and Master Deed to said officer and secure the signed statement from each officer acknowledging that he or she has received and read the Order, had the opportunity to have questions about the Order answered, and that he or she has also received and read the Nondiscrimination Policy and M aster Deed, and agrees to abide by said policies and the relevant provisions of the Order. This statement shall be in the form of Exhibit C. VI. Reporting Requirements
8. Within ninety (90) days of the date of entry of this Consent Order and every six (6) months thereafter for the duration of this Order, Defendant LTCA shall deliver
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to counsel for the United States1 a report containing information about Defendants' compliance efforts during the preceding reporting period, including but not limited to: a. Copies of all mandatory education acknowledgements signed by
Defendant LTCA and its officers, pursuant to Section IV of this Order; and b. Copies of lists setting forth the occupancy of each covered dwelling unit by
address and apartment number, including the name and familial status of each resident in that dwelling unit during the reporting period. 9. During the period in which this Order is in effect, Defendants shall notify counsel for the United States in writing within fifteen (15) days of receipt of any written or oral complaint against Defendants or Defendants' officers regarding familial status discrimination in housing. I f the complaint is written, Defendants shall provide a c opy of it with the notification. The notification shall include the full details of the complaint, including the complainant's name, address, and telephone number. Defendants shall also promptly provide the United States all information it may request concerning any such complaint and shall inform the United States within fifteen (15) days of any resolution of such complaint.
VII. Compensation 10. No later than March 4, 2010, Defendants shall pay the total sum of thirty-five
thousand dollars ($35,000.00), for the purpose of compensating the allegedly
1 All documents or other communications required by this Order to be sent to counsel for the United States shall be addressed as follows: Chief, Housing and Civil Enforcement Section, Civil Rights Division, DJ 175-70-147, United States Department of Justice, 950 Pennsylvania Avenue N.W. – G St., Washington, D.C. 20530, or as otherwise directed by the United States. If the Consent Order requires transmission by facsimile, the communication shall also be sent via facsimile to (202) 514-1116.
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aggrieved persons listed in Exhibit D, in the manner and amount listed in Exhibit D. 11. No later than March 4, 2010, Defendants shall pay the total sum of seventyseven thousand, five hundred dollars ($77,500.00), for the purpose of compensating Plaintiff Intervenors James Brown and Jeffrey Daubman, by check made payable to the Doug Ruge Trust Account, and delivered to Douglas W. Ruge, 14769 California Street, Omaha, NE 68154. No amounts shall be paid pursuant to this paragraph before Complainants James Brown and J effrey Daubman have each executed a written release of all claims, legal or equitable, that they might have against Defendants relating to the claims asserted in this lawsuit. A copy of the Release and Settlement is attached as Exhibit E. 12. In no event shall the aggregate of all checks to the complainants and aggrieved persons exceed the sum of one hundred twelve thousand, five hundred dollars ($112,500.00), plus accrued interest. 13. When counsel for the United States has received a c heck from Defendants payable to a complainant or aggrieved person and a signed release in the form of Exhibit E from the complainant or aggrieved person, counsel for the United States shall deliver the check to the complainant or aggrieved person and the original, signed release to counsel for Defendants. No complainant or aggrieved person shall be paid until he/she has executed and delivered to counsel for the United States the release at Exhibit E.
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VIII. Civil Penalty 14. No later than March 4, 2010, after the entry of this Consent Order, the
Defendants shall pay a total of fifteen thousand dollars ($15,000.00) to the United States as a civil penalty, pursuant to 42 U.S.C. § 3614(d)(1)(C). T his payment shall be d elivered to counsel for the United States in the form of a c ashier's check payable to the "United States Treasury."
IX. Scope and Duration of Consent Order 15. The provisions of this Consent Order shall apply to all Defendants, their
employees, agents, successors, and all persons acting in active concert or participation with them. 16. This Consent Order is effective immediately upon its entry by the Court and shall remain in effect for three (3) years. 17. The Court shall retain jurisdiction for the duration of this Order to enforce the terms of the Order, after which time the case shall be dismissed with prejudice. 18. All parties shall be responsible for their own attorney's fees and court costs, except as provided for in Section IX below. X. Remedies for Non-Compliance, Time for Performance, and Modification 19. The United States may move the Court to extend the period in which this Order is in effect if Defendants violate one or more terms of the Order or if the interests of justice otherwise require an extension of the terms of the Order. 20. Any time limits for performance imposed by this Order may be extended by mutual written agreement of the parties.
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21. The parties to this Order shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Order prior to bringing such matters to the Court for resolution. H owever, in the event the United States contends that there has been a failure by any Defendant, whether willful or otherwise, to perform in a timely manner any act required by this Order or otherwise to comply with any provision thereof, the United States may move this Court to impose any remedy authorized by law or equity, including, but not limited to, an or der requiring performance of such act or deeming such act to have been performed, and an award of any damages, costs, and attorney's fees which may have been occasioned by the Defendant's or Defendants' violation or failure to perform.
22. The parties that in the event that any Defendant engages in any future violation of the Fair Housing Act on the basis of familial status, such violation shall constitute a "subsequent violation" pursuant to 42 U.S.C. § 3614(d).
IT IS SO ORDERED: This 3rd day of March, 2010.
s/ Warren K. Urbom UNITED STATES SENIOR DISTRICT JUDGE
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By their signatures below, the parties consent to the entry of this Consent Order.

For the United States:

DEBORAH R. GILG United States Attorney

ERIC H. HOLDER, JR. Attorney General

THOMAS E. PEREZ Assistant Attorney General Civil Rights Division

STEVEN H. ROSEMBAUM Chief REBECCA B. BOND Deputy Chief Housing and Civil Enforcement Section Civil Rights Division

/s/ Laurie A. Kelly
LAURIE A. KELLY Assistant United States Attorney District of Nebraska 1620 Dodge St, Ste 1400 Omaha, NE 68102-1506 Phone: 402-661-3700 Fax: 402-661-3081 Email: Laurie.Kelly@usdoj.gov

/s/ Robin L. Dull
ROBIN L. DULL Trial Attorney Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Ave, NW Northwestern Bldg, 7th Floor Washington, DC 20530 Phone: 202-514-3556 Fax: 202-514-1116 Email: Robin.Dull@usdoj.gov

For James Brown and Jeffrey Daubman:

DOUGLAS W. RUGE 14769 California Street Omaha, NE 68154 Phone: 402-964-4617 Fax: 402-964-4994 E-mail: ruge@radiks.net

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For Defendants:

JAMES B. MCVAY Tiedeman Lynch Kampfe & McVay 6910 Pacific Street Omaha, NE 68106 Phone: 402-397-8900 Email: jmcvay@omahalaw.com
SCOTT P. MOORE Baird Holm LLP 1500 Woodmen Tower 1700 Farnam St Omaha, NE 68102-2068 Phone: 402-636-8268 Fax: 402-344-0588 Email: spmoore@bairdholm.com

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Case: 8:08-cv-00489-WKU-CRZ Document #: 81 Date Filed: 03/03/10 Page 12 of 16 Exhibit A
LIST OF COVERED DWELLING UNITS Address 3003 Paddlock Plaza, Omaha, Nebraska
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Exhibit B NONDISCRIMINATION POLICY It is the policy of the Latvian Tower Condominium Association to comply with the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3 601 et seq., by ensuring that apartments are available to all persons without regard to familial status. "Familial status" means one or more individuals (who have not attained the age of 18 years) being domiciled with a parent or another person having legal custody of such individual or individuals, or the designee of such parent or other person having such custody, with the written permission of such parent or other person. This policy means that, among other things, the Latvian Tower Condominium Association and all its officers and employees must not discriminate in any aspect of the sale of dwellings against prospective buyers because of familial status. Such officers and employees may not: a. R efuse to allow the sale or rental after the making of a bona fide offer, or refuse to allow the negotiation for sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of familial status; b. Make, print, or publish, or cause to be made, printed or published any notice, statement, or advertisement, with respect to the rental of a dwelling that indicates any preference, limitation, or discrimination based on familial status, or an intention to make any such preference, limitation, or discrimination; or c. R epresent that, because of familial status, a dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available. Any agent or employee who fails to comply with this non-discrimination policy will be subject to appropriate disciplinary action, which may include termination. Any action taken by an agent or employee that results in the unequal service, treatment or behavior to residents on the basis of familial status may constitute a violation of state and federal fair housing laws.
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Exhibit C Officer Acknowledgment of Receiving and Reviewing Order and
Nondiscrimination Policy and Master Deed I have received a c opy of the Consent Order entered in United States v. The Latvian Tower Condominium Association, Inc., et al, Civil Action No. 8:08-cv-489 (D. Neb.). I have also received a c opy of the Latvian Tower Condominium Association's Nondiscrimination Policy and M aster Deed. The Consent Order and t he Nondiscrimination Policy and Master Deed were explained to me by the Latvian Tower Condominium Association, and all questions concerning these documents were answered. I have read and understood the Consent Order and the Nondiscrimination Policy and Master Deed. DATE OFFICER NAME (PRINT) OFFICER SIGNATURE
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Exhibit D

PAYMENT SCHEDULE

Pursuant to Paragraph 10 of the Consent Decree, no later than March 4, 2010, Defendants shall deposit thirty-five thousand dollars ($35,000.00) in an escrow account administered by the law firm Tiedeman Lynch Kampfe & McVay. This amount is for the purpose of compensating the complainants and allegedly aggrieved persons2 and shall be distributed in the following manner. Within seven (7) business days of receipt of the funds, the law firm Tiedeman Lynch Kampfe & McVay shall send to counsel for the United States, via overnight delivery,3 checks made payable to the following persons in the amounts indicated:4

Dan and Susan Wooldridge

$8,000.00

Aleta Schliech

$8,000.00

Robert and Carolyn Daisley

$8,000.00

Linda Andersen

$4,000.00

Duane Sullivan

$4,000.00

Ken Coats

$1,500.00

Joanne Amoura

$1,500.00

2 For the purposes of settlement of this lawsuit, the United States has identified no persons other than those identified in this Exhibit D who shall receive compensation pursuant to Paragraph 10 of the Consent Decree. 3 The checks should be sent by overnight delivery to the following address: Chief, Housing and Civil Enforcement Section, Civil Rights Division, 1800 G Street, N.W. Suite 7002, Washington, DC 20006, Attn: DJ# 175-45-56. 4 Pursuant to Paragraph 12 of the Consent Decree, the United States shall not distribute a check to a complainant or an allegedly aggrieved person until the United States is in the possession of a signed release from that person.
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Exhibit E RELEASE In consideration for the parties' agreement to the terms of the Consent Order entered in United States v. The Latvian Tower Condominium Association, Inc., et al., Civil Action No. 8:08-cv-489 (D. Neb.) (the “Lawsuit”), and Defendants' payment to me of $____________, I fully and forever release and discharge The Latvian Tower Condominium Association, Inc., and Karl Tegtmeyer and all related entities, parents, predecessors, successors, subsidiaries and affiliates, and all of their past and present directors, officers, agents, managers, supervisors, and em ployees and their heirs, executors, administrators, successors or assigns, from any and all claims, demands, causes of action, and liabilities that exist as of the date I sign this Release, including, but not limited to any and all claims, demands, causes of action, and liabilities arising out of or in any way connected with my attempt to purchase a unit at Latvian Tower Condominiums or other connection with The Latvian Tower Condominium Association, Inc., and Karl Tegtmeyer, whether presently asserted or unasserted, known or unknown, for acts or omissions of The Latvian Tower Condominium Association, Inc., and Karl Tegtmeyer prior to the date this Release is executed, and specifically including, but not limited to, claims, demands, causes of action, or liabilities alleging violations of his right to use and enjoy Latvian Tower Condominiums, including all claims for attorney fees, liquidated or punitive damages and costs in connection with any such claim, as alleged in the Complaints filed in the Lawsuit by the United States and James Brown and J effrey Daubmen. I intend by this release to eliminate completely and permanently all claims of every nature whatsoever against The Latvian Tower Condominium Association, Inc., and Karl Tegtmeyer for acts or omissions prior to the date of this Agreement and this release shall be broadly construed to that end. Executed this ___ day of _________________, 2010.
[Printed Name]
[Signature]
16

 Case: 8:08-cv-00489-WKU-CRZ As of: 12/23/2011 08:13 PM CST 1 of 8
CLOSED,NEBRASKADOCKET,PROTECTIVEORDER,TRIAL−OMAHA,USAPLAINTIFF
U.S. District Court District of Nebraska (8 Omaha) CIVIL DOCKET FOR CASE #: 8:08−cv−00489−WKU−CRZ

United States of America v. Latvian Tower Condominium, et al. Date Filed: 10/29/2008

Assigned to: Senior Judge Warren K. Urbom

Date Terminated: 03/03/2010

Referred to: Magistrate Judge Cheryl R. Zwart

Jury Demand: Defendant

Cause: 42:1981 Housing Discrimination

Nature of Suit: 443 Civil Rights:

Accommodations

Jurisdiction: U.S. Government Plaintiff

Plaintiff

United States of America

represented by Laurie A. Kelly U.S. ATTORNEY'S OFFICE − OMAHA 1620 Dodge Street Suite 1400 Omaha, NE 68102−1506 (402) 661−3700 Fax: (402) 661−3081 Email: laurie.kelly@usdoj.gov ATTORNEY TO BE NOTICED

Robin L. Dull U.S. DEPARTMENT OF JUSTICE − HOUSING AND CIVIL ENFORCEMENT 950 Pennsylvania Avenue, N.W. Northwestern Building, Seventh Floor Washington, DC 20530 (202) 305−7780 Fax: (202) 514−1116 Email: robin.dull@usdoj.gov ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff James Brown
Intervenor Plaintiff Jeffrey Daubman

represented by Douglas W. Ruge , II RUGE LAW FIRM 14769 California Street Omaha, NE 68154 (402) 964−4617 Fax: (402) 964−4994 Email: ruge@radiks.net ATTORNEY TO BE NOTICED
represented by Douglas W. Ruge , II (See above for address) ATTORNEY TO BE NOTICED

V.
Defendant
Latvian Tower Condominium Association, Inc.

represented by James B. McVay TIEDEMAN, LYNCH LAW FIRM 6910 Pacific Street Suite 300 Omaha, NE 68106−1045

Case: 8:08-cv-00489-WKU-CRZ As of: 12/23/2011 08:13 PM CST 2 of 8

(402) 397−8900 Fax: (402) 397−3364 Email: jmcvay@omahalaw.com ATTORNEY TO BE NOTICED

Scott P. Moore BAIRD, HOLM LAW FIRM 1700 Farnam Street Suite 1500, Woodmen Tower Omaha, NE 68102−2068 (402) 636−8268 Fax: (402) 231−8552 Email: spmoore@bairdholm.com ATTORNEY TO BE NOTICED

Defendant Karl Tegtmeyer

represented by James B. McVay (See above for address) ATTORNEY TO BE NOTICED

Date Filed 10/29/2008 10/29/2008 01/21/2009 01/21/2009 01/22/2009
01/22/2009 01/22/2009 02/26/2009 03/03/2009

# Docket Text
1 COMPLAINT against Latvian Tower Condominium Association, Inc., Karl Tegtmeyer, by Attorney Robin L. Dull, Laurie A. Kelly on behalf of United States Department of Justice(Dull, Robin) (Entered: 10/29/2008)
2 TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Warren K. Urbom and Magistrate Judge David L. Piester assigned. (TCL) (Entered: 10/29/2008)
3 WAIVER OF SERVICE Returned Executed upon defendant Latvian Tower Condominium Association, Inc.. Waiver sent on 12/10/2008; Karl Tegtmeyer. Waiver sent on 12/10/2008. (McVay, James) (Entered: 01/21/2009)
4 ANSWER to Complaint with jury demand by Attorney James B. McVay on behalf of Defendants Latvian Tower Condominium Association, Inc., Karl Tegtmeyer(McVay, James) (Entered: 01/21/2009)
5 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Latvian Tower Condominium Association, Inc.. Pursuant to Fed. R. Civ. P. 7.1, non−governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(BMH, ) (Entered: 01/22/2009)
6 SCHEDULING PACKET Rule 26 Meeting Report Deadline set for 2/26/2009.Ordered by Magistrate Judge David L. Piester. (BMH, ) (Entered: 01/22/2009)
7 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney James B. McVay on behalf of Defendant Latvian Tower Condominium Association, Inc..(McVay, James) (Entered: 01/22/2009)
8 REPORT of Rule 26(f) Planning Meeting by Attorney Robin L. Dull on behalf of Plaintiff United States of America.(Dull, Robin) (Entered: 02/26/2009)
9 ORDER SETTING SCHEDULE FOR INITIAL PROGRESSION OF A CIVIL CASE − Counsel for plaintiff shall initiate the planning conference call to the court at 9:00am on 5/21/2009. Counsel shall notify the undersigned magistrate judge by joint or separate letters by 5/14/2009 addressing mediation requirements. Planning Conference− A telephone conference with the undersigned magistrate judge will be held on May 21, 2009 at 9:00 a.m. Trial is tentatively set for the month of November 2009, and is tentatively scheduled for three trial days. Ordered by

Case: 8:08-cv-00489-WKU-CRZ As of: 12/23/2011 08:13 PM CST 3 of 8

04/21/2009 05/04/2009 05/06/2009 05/06/2009 05/07/2009
05/08/2009 05/08/2009 05/08/2009 05/13/2009 05/14/2009 05/21/2009
06/16/2009 06/22/2009

Magistrate Judge David L. Piester. (LKH) (Entered: 03/03/2009)
10 STRICKEN: Certificate of Service by Attorney Robin L. Dull on behalf of Plaintiff United States of America.(Dull, Robin) Modified on 5/7/2009 to add 'stricken' pursuant to strike order (SED). (Entered: 04/21/2009)
11 DISCLOSURE Made Pursuant to Red.R.Civ.P. 26(a)(1) by Attorney James B. McVay on behalf of Defendants Latvian Tower Condominium Association, Inc., Karl Tegtmeyer.(McVay, James) (Entered: 05/04/2009)
12 STRICKEN: Certificate of Service for R.26(a) Initial Disclosures by Attorney Robin L. Dull on behalf of Plaintiff United States of America.(Dull, Robin) Modified on 5/7/2009 to add 'stricken' pursuant to strike order (SED). (Entered: 05/06/2009)
13 STRICKEN: Certificate of Service by Attorney Robin L. Dull on behalf of Plaintiff United States of America.(Dull, Robin) Modified on 5/7/2009 to add 'stricken' pursuant to strike order (SED). (Entered: 05/06/2009)
14 TEXT STRIKE ORDER that Pursuant to General Order Number 2006−01, the Certificate of Service 10 , Certificate of Service 12 and Certificate of Service 13 are stricken for the following reason: incomplete PDF documents attached. The party is directed to re−file the documents. Ordered by Deputy Clerk. (SED) (Entered: 05/07/2009)
15 Certificate of Service (First Set of Interrogatories) by Attorney Robin L. Dull on behalf of Plaintiff United States of America.(Dull, Robin) (Entered: 05/08/2009)
16 Certificate of Service (Request for Production of Documents) by Attorney Robin L. Dull on behalf of Plaintiff United States of America.(Dull, Robin) (Entered: 05/08/2009)
17 Certificate of Service (Initial Disclosures) by Attorney Robin L. Dull on behalf of Plaintiff United States of America.(Dull, Robin) (Entered: 05/08/2009)
18 ORDER − On the court's own motion, IT IS ORDERED: The time of the telephone planning conference on May 21, 2009 is changed from 9:00 to 10:00 a.m. Plaintiffs counsel shall place the call. Ordered by Magistrate Judge David L. Piester. (LKH) (Entered: 05/13/2009)
19 LETTER Regarding Mediation by Attorney Robin L. Dull on behalf of Plaintiff United States of America.(Dull, Robin) (Entered: 05/14/2009)
20 ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF A CIVIL CASE − Depositions due 8/28/2009. Pretrial Conference set for 10/13/2009 at 11:00 AM before Magistrate Judge David L. Piester. Non−Jury Trial set to commence at the court's call during the week of 11/2/2009 at 09:00 AM in Courtroom 4, Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Warren K. Urbom.Ordered by Magistrate Judge David L. Piester. (JAB) (Entered: 05/21/2009)
21 Unopposed MOTION to Extend Time for Disclosure of Expert Witness Reports for Thirty (30) Days by Attorney Robin L. Dull on behalf of Plaintiff United States of America.(Dull, Robin) (Entered: 06/16/2009)
22 MEMORANDUM AND ORDER − The government has filed an unopposed motion for a thirty−day extension of its deadline for disclosing expert witnesses, and seeks an order revising the progression schedule. (Filing No. 21 ). The motion does not include a proposed modified progression schedule. In support of its motion, the government states it anticipates presenting a settlement proposal to the defendants in the near future. Accordingly, IT IS ORDERED: 1) The government's motion to continue, (Filing No. 21 ), is granted, and the government's deadline for disclosing expert witnesses is extended to July 30, 2009. 2) On or before July 30, 2009, the parties shall either file a joint motion for dismissal or statement that this case has been settled, or they shall jointly file a motion setting forth their proposed deadlines for continued progression of this case to trial. Ordered by Judge Richard G. Kopf. (LKH) (Entered: 06/22/2009)

Case: 8:08-cv-00489-WKU-CRZ As of: 12/23/2011 08:13 PM CST 4 of 8

07/30/2009 08/03/2009 08/03/2009 08/03/2009
08/07/2009 08/07/2009
08/10/2009 08/10/2009 08/11/2009 09/02/2009 09/08/2009 09/09/2009
09/09/2009 09/18/2009

23 Joint MOTION to Extend Scheduling Order by Attorney Robin L. Dull on behalf of Plaintiff United States of America.(Dull, Robin) (Entered: 07/30/2009)
24 MOTION to Intervene by Attorney Douglas W. Ruge, II on behalf of Plaintiff United States of America.(Ruge, Douglas) (Entered: 08/03/2009)
25 MOTION to Intervene Brief in Support of Motion by Attorney Douglas W. Ruge, II on behalf of Plaintiff United States of America.(Ruge, Douglas) (Entered: 08/03/2009)
26 TEXT ORDER − Regarding Lincoln Magistrate Docket. Pursuant to the retirement of Magistrate Judge David L. Piester on August 1, 2009, all civil and criminal cases previously assigned to Judge Piester are reassigned to District Judge Richard G. Kopf. Judge Kopf will handle pretrial management in new civil and criminal cases assigned to Judges Kopf and Urbom in accordance with NEGenR 1.4(a)(2) and NECivR 72.1 until a new magistrate judge is appointed. Reassigned to Richard G. Kopf (REFERRAL JUDGE). Magistrate Judge David L. Piester no longer assigned to the case. Ordered by Chief Judge Joseph F. Bataillon. (CCB) (Entered: 08/03/2009)
27 MEMORANDUM AND ORDER granting 24 Motion to Intervene. The motion to intervene as plaintiffs filed by James A. Brown and Jeffrey S. Daubman, (filing no. 24 ), is granted. The intervening plaintiffs shall file their complaint, a copy of which is attached to their motion, on or before August 14, 2009. Ordered by Judge Richard G. Kopf. (JAB) (Entered: 08/07/2009)
28 FINAL PROGRESSION ORDER − The parties' joint motion setting forth proposed deadlines for the continued progression of this case to trial, (filing no. 23 ), is granted, in part, as stated. Depositions due 11/26/2009. Pretrial Conference set for 2/4/2010 at 01:00 PM before Judge Richard G. Kopf. Non−Jury Trial set for 2/22/2010 at 09:00 AM in Courtroom 4, Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Warren K. Urbom. Ordered by Judge Richard G. Kopf. (JAB) (Entered: 08/07/2009)
29 Intervenor COMPLAINT, by Attorney Douglas W. Ruge, II on behalf of James Brown and Jeffrey Daubman. (Ruge, Douglas) Modified on 8/11/2009 to add second intervenor plaintiff. (JAB) (Entered: 08/10/2009)
30 STRICKEN − Intervenor COMPLAINT, by Attorney Douglas W. Ruge, II on behalf of Jeffrey Daubman(Ruge, Douglas) Modified on 8/11/2009 to add "stricken" text pursuant to Order 31 . (JAB) (Entered: 08/10/2009)
31 TEXT STRIKE ORDER that Pursuant to General Order Number 2006−01, the Intervenor Complaint 30 is stricken for the following reason(s): the document is a duplicate of document number 29 . Ordered by Deputy Clerk. (JAB) (Entered: 08/11/2009)
32 Certificate of Service of Answers to Interrogatories by Attorney James B. McVay on behalf of Defendants Latvian Tower Condominium Association, Inc., Karl Tegtmeyer.(McVay, James) (Entered: 09/02/2009)
33 Joint MOTION for Protective Order by Attorney Robin L. Dull on behalf of Plaintiff United States of America. (Attachments: # 1 Text of Proposed Order)(Dull, Robin) (Entered: 09/08/2009)
34 TEXT NOTICE REGARDING PROPOSED ORDER 33 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. (GJG) (Entered: 09/09/2009)
35 ORDER granting 33 Joint Motion for Protective Order. The parties' are ordered to comply with the terms of the Confidentiality and Protective Order set forth herein. Ordered by Judge Richard G. Kopf. (JAB) (Entered: 09/09/2009)
36 NOTICE of Appearance by Attorney Scott P. Moore on behalf of Defendant Latvian Tower Condominium Association, Inc. (Moore, Scott) (Entered:

Case: 8:08-cv-00489-WKU-CRZ As of: 12/23/2011 08:13 PM CST 5 of 8

09/23/2009 09/23/2009 09/24/2009 09/25/2009 09/28/2009 09/28/2009
09/28/2009 09/28/2009 09/28/2009
09/29/2009
09/29/2009 09/29/2009

09/18/2009)
37 MOTION for Leave To File Response Pleading to the Intervenors' Complaint by Attorney James B. McVay on behalf of Defendants Latvian Tower Condominium Association, Inc., Karl Tegtmeyer.(McVay, James) (Entered: 09/23/2009)
38 MOTION for Leave For Defendants to file Amended Answer by Attorney James B. McVay on behalf of Defendants Latvian Tower Condominium Association, Inc., Karl Tegtmeyer.(McVay, James) (Entered: 09/23/2009)
39 Certificate of Service of Responses to Requests for Production by Attorney James B. McVay on behalf of Defendants Latvian Tower Condominium Association, Inc., Karl Tegtmeyer.(McVay, James) (Entered: 09/24/2009)
40 Joint MOTION to Extend To Set Forth Proposed Dates for Continued Progression of Case by Attorney James B. McVay on behalf of Defendants Latvian Tower Condominium Association, Inc., Karl Tegtmeyer.(McVay, James) (Entered: 09/25/2009)
41 Amended MOTION to Extend Proposed Dates for Continued Progression of Case by Attorney James B. McVay on behalf of Defendants Latvian Tower Condominium Association, Inc., Karl Tegtmeyer.(McVay, James) (Entered: 09/28/2009)
42 MEMORANDUM AND ORDER regarding pending motions. The defendants' unopposed motion, (filing no. 37 ), is granted, and the defendants shall file their response to the intervenors' complaint on or before September 28, 2009. The defendants' unopposed motion, (filing no. 38 ), is granted, and the defendants shall file their amended answer to the government's complaint on or before September 28, 2009. The parties' joint motions to extend, (filing nos. 40 and 41 ), are granted, and the deadlines for disclosing experts and their reports are continued as follows: By the plaintiff/intervening plaintiffs: October 12, 2009. By the defendants: November 12, 2009. Plaintiff/intervening plaintiffs' rebuttal expert(s): November 26, 2009. Ordered by Judge Richard G. Kopf. (JAB) (Entered: 09/28/2009)
43 AMENDED ANSWER to Complaint of the United States of America with jury demand regarding: Complaint 1 by Attorney James B. McVay on behalf of Defendants Latvian Tower Condominium Association, Inc., Karl Tegtmeyer. (McVay, James) (Entered: 09/28/2009)
44 MOTION to Dismiss Intervenors' Complaint and for Judgment on the Pleadings and Dismissal of United States' Section 3612(o) Claim by Attorney Scott P. Moore on behalf of Defendants Latvian Tower Condominium Association, Inc., Karl Tegtmeyer. (Attachments: # 1 Exhibit A − Unpublished Decision)(Moore, Scott) (Entered: 09/28/2009)
45 BRIEF in support of MOTION to Dismiss Intervenors' Complaint and for Judgment on the Pleadings and Dismissal of United States' Section 3612(o) Claim MOTION to Dismiss Intervenors' Complaint and for Judgment on the Pleadings and Dismissal of United States' Section 3612(o) Claim 44 by Attorney Scott P. Moore on behalf of Defendants Latvian Tower Condominium Association, Inc., Karl Tegtmeyer.(Moore, Scott) (Entered: 09/28/2009)
46 TEXT NOTICE OF INDEX OF EVIDENCE 44 by Deputy Clerk. Pursuant to NECivR 7.1(a)(2) and (b)(2), evidence in support of a motion or brief shall be identified on an electronically−filed index of evidence. The index of evidence must identify the motion or brief to which it relates. Attachments to the index must be described using the System−generated prompt box. This notice is for your information for future filings. (JAB) (Entered: 09/29/2009)
47 Certificate of Service for Requests for Admission to LTCA by Attorney Robin L. Dull on behalf of Plaintiff United States of America.(Dull, Robin) (Entered: 09/29/2009)
48 Certificate of Service for Requests for Admission to Karl Tegtmeyer by Attorney Robin L. Dull on behalf of Plaintiff United States of America.(Dull, Robin) (Entered: 09/29/2009)

Case: 8:08-cv-00489-WKU-CRZ As of: 12/23/2011 08:13 PM CST 6 of 8

10/12/2009 10/19/2009 10/19/2009 10/19/2009 10/19/2009 10/27/2009 10/27/2009 10/28/2009
10/28/2009
10/28/2009 10/29/2009
11/03/2009 11/03/2009 11/06/2009 11/06/2009 12/01/2009 12/03/2009

49 DISCLOSURE Expert Witness pursuant to Rule 26(a)(2) by Attorney Douglas W. Ruge, II on behalf of Intervenor Plaintiffs James Brown, Jeffrey Daubman.(Ruge, Douglas) (Entered: 10/12/2009)
50 BRIEF in opposition to Defendants' Motion to Dismiss Intervenors' Complaint by Attorney Douglas W. Ruge, II on behalf of Intervenor Plaintiffs James Brown, Jeffrey Daubman.(Ruge, Douglas) (Entered: 10/19/2009)
51 INDEX in support of Intervenors' Brief in Opposition to Defendants' Motion to Dismiss by Attorney Douglas W. Ruge, II on behalf of Intervenor Plaintiffs James Brown, Jeffrey Daubman.(Ruge, Douglas) (Entered: 10/19/2009)
52 BRIEF in opposition to Defendants' Motion to Dismiss and for Judgment on the Pleadings by Attorney Robin L. Dull on behalf of Plaintiff United States of America.(Dull, Robin) (Entered: 10/19/2009)
53 INDEX in support of Brief 52 In Opposition to Defendants' Motion to Dismiss and for Judgment on the Pleadings by Attorney Robin L. Dull on behalf of Plaintiff United States of America.(Dull, Robin) (Entered: 10/19/2009)
54 Certificate of Service of Non−Expert Witness List by Attorney Robin L. Dull on behalf of Plaintiff United States of America.(Dull, Robin) (Entered: 10/27/2009)
55 NOTICE of Service of Intervenors' Disclosures of Non−Expert Witnesses by Attorney Douglas W. Ruge, II on behalf of Intervenor Plaintiffs James Brown, Jeffrey Daubman (Ruge, Douglas) (Entered: 10/27/2009)
56 Certificate of Service of Responses to Requests for Admissions to Latvian Tower Condominium Association, Inc. by Attorney James B. McVay on behalf of Defendants Latvian Tower Condominium Association, Inc., Karl Tegtmeyer.(McVay, James) (Entered: 10/28/2009)
57 Certificate of Service of Responses to Requests for Admissions by Karl Tegtmeyer by Attorney James B. McVay on behalf of Defendants Latvian Tower Condominium Association, Inc., Karl Tegtmeyer.(McVay, James) (Entered: 10/28/2009)
58 Certificate of Service Notice of Non−Expert Witnesses by Attorney James B. McVay on behalf of Defendants Latvian Tower Condominium Association, Inc., Karl Tegtmeyer.(McVay, James) (Entered: 10/28/2009)
59 REPLY BRIEF in support of MOTION to Dismiss Intervenors' Complaint and for Judgment on the Pleadings and Dismissal of United States' Section 3612(o) Claim MOTION to Dismiss Intervenors' Complaint and for Judgment on the Pleadings and Dismissal of United States' Section 3612(o) Claim 44 by Attorney Scott P. Moore on behalf of Defendants Latvian Tower Condominium Association, Inc., Karl Tegtmeyer.(Moore, Scott) (Entered: 10/29/2009)
60 Certificate of Service of Supplement Disclosures by Attorney Robin L. Dull on behalf of Plaintiff United States of America.(Dull, Robin) (Entered: 11/03/2009)
61 Certificate of Service of R.30(b)(6) Deposition Notice by Attorney Robin L. Dull on behalf of Plaintiff United States of America.(Dull, Robin) (Entered: 11/03/2009)
62 Certificate of Service of Subpoena in a Civil Case on Linda Andersen by Attorney James B. McVay on behalf of Defendants Latvian Tower Condominium Association, Inc., Karl Tegtmeyer.(McVay, James) (Entered: 11/06/2009)
63 Certificate of Service of Subpoena in a Civil Case on Daniel Wooldridge by Attorney James B. McVay on behalf of Defendants Latvian Tower Condominium Association, Inc., Karl Tegtmeyer.(McVay, James) (Entered: 11/06/2009)
64 Joint MOTION to Stay Progression Order Pending Meditation and for Forty−Five Day Extension of Dispositive Motion Deadline by Attorney Robin L. Dull on behalf of Plaintiff United States of America.(Dull, Robin) (Entered: 12/01/2009)
65 AMENDED SCHEDULING ORDER − Because the parties have represented that they have tentatively scheduled a mediation to be held on January 4, 2010, for the purpose of resolving this lawsuit, the Final Progression Order, entered by the Court

Case: 8:08-cv-00489-WKU-CRZ As of: 12/23/2011 08:13 PM CST 7 of 8

12/03/2009 12/03/2009 12/03/2009
12/03/2009 12/21/2009 12/21/2009 12/21/2009 12/21/2009 01/06/2010 01/06/2010
01/20/2010

on August 7, 2009 (filing no. 28 ), is stayed until January 4, 2010. Motions deadline extended to 2/18/2010. Pretrial Conference set for 3/25/2010 at 12:30 PM before Judge Richard G. Kopf. Non−Jury Trial set for 4/12/2010 at 09:00 AM in Courtroom 4, Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Warren K. Urbom.Ordered by Judge Richard G. Kopf. (JAB) (Entered: 12/03/2009)
66 MOTION for Leave to Offer Supplemental Brief and Index of Evidence in Support of Motion to Dismiss by Attorney Scott P. Moore on behalf of Defendants Latvian Tower Condominium Association, Inc., Karl Tegtmeyer.(Moore, Scott) (Entered: 12/03/2009)
67 BRIEF in support of MOTION for Leave to Offer Supplemental Brief and Index of Evidence in Support of Motion to Dismiss 66 by Attorney Scott P. Moore on behalf of Defendants Latvian Tower Condominium Association, Inc., Karl Tegtmeyer.(Moore, Scott) (Entered: 12/03/2009)
68 INDEX in support of MOTION for Leave to Offer Supplemental Brief and Index of Evidence in Support of Motion to Dismiss 66 by Attorney Scott P. Moore on behalf of Defendants Latvian Tower Condominium Association, Inc., Karl Tegtmeyer. (Attachments: # 1 Exhibit A − Supplemental Brief ISO Motion to Dismiss, # 2 Exhibit B − Supplental Index of Evidence ISO Motion to Dismiss, # 3 Exhibit A (Declaration) and A1 (Deposition Pages))(Moore, Scott) (Entered: 12/03/2009)
69 MOTION to Extend Deadline to Complete Discovery by Attorney James B. McVay on behalf of Defendants Latvian Tower Condominium Association, Inc., Karl Tegtmeyer.(McVay, James) (Entered: 12/03/2009)
70 BRIEF in opposition to Defendants' Motion for Leave to Offer Supplemental Brief by Attorney Douglas W. Ruge, II on behalf of Intervenor Plaintiffs James Brown, Jeffrey Daubman.(Ruge, Douglas) (Entered: 12/21/2009)
71 Certificate of Service of Brief in Opposition to Defendants' Motion for Lease to Offer Supplemental Brief by Attorney Douglas W. Ruge, II on behalf of Intervenor Plaintiffs James Brown, Jeffrey Daubman.(Ruge, Douglas) (Entered: 12/21/2009)
72 BRIEF in opposition to DEFENDANTS MOTION FOR LEAVE TO OFFER SUPPLEMENTAL BRIEF AND INDEX OF EVIDENCE IN SUPPORT OF MOTION TO DISMISS by Attorney Robin L. Dull on behalf of Plaintiff United States of America.(Dull, Robin) (Entered: 12/21/2009)
73 BRIEF in opposition to TO MOTION FOR FORTY−FIVE DAY EXTENSION OF DEADLINE TO COMPLETE DISCOVERY by Attorney Robin L. Dull on behalf of Plaintiff United States of America.(Dull, Robin) (Entered: 12/21/2009)
74 Joint MOTION to Stay by Attorney Robin L. Dull on behalf of Plaintiff United States of America.(Dull, Robin) (Entered: 01/06/2010)
75 MEMORANDUM AND ORDER − Upon consideration of the joint motion by Plaintiff United States, Intervenor Plaintiffs, and Defendants (filing no. 74 ), in which the parties represent that they have reached a settlement in principle, it is hereby ORDERED that the Amended Scheduling Order (filing no. 65 ), entered by the Court on December 3, 2010, is stayed for thirty days. Ordered by Judge Richard G. Kopf. (JAB) (Entered: 01/06/2010)
76 TEXT ORDER − Regarding Magistrate Judge Zwart's Docket (General Order 2010−01). All cases previously assigned to District Judge Richard G. Kopf for pretrial management are herewith reassigned to Magistrate Judge Zwart. Magistrate Judge Zwart shall be paired with Judges Kopf and Urbom for the management of civil and criminal cases on Judges Kopf and Urbom's dockets. The Clerk of the Court shall provide notice of this order to counsel or parties in all cases which are reassigned to Magistrate Judge Zwart and for which there are currently matters pending. Notice need not be given in closed cases for which there are no matters pending. Ordered by Chief Judge Joseph F. Bataillon. NOTE: The notice of electronic filing attached to this entry reflects multiple case numbers and recipients. (TCL ) (Entered: 01/20/2010)

Case: 8:08-cv-00489-WKU-CRZ As of: 12/23/2011 08:13 PM CST 8 of 8

01/20/2010
01/23/2010 02/16/2010 02/17/2010 03/03/2010

77 ORDER. It is ordered that: (1)The following matter previously scheduled before the undersigned is herewith referred to Judge Zwart, to wit,(A)Nature of hearing:Pretrial conference.(B)Date and time of hearing: Thursday, March 25, 2010, at 11:00 a.m.(C)Place of hearing: Judge Zwart's chambers, Room 566, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska.(2)Judge Zwart will issue a report and recommendation or order as is appropriate. Ordered by Judge Richard G. Kopf. (KLL, ) (Entered: 01/20/2010)
78 TEXT ORDER. The parties have advised the court that they have reached a settlement in principle. Accordingly, the defendants' Motion to Extend Deadline to Complete Discovery 69 is denied as moot. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ) (Entered: 01/23/2010)
79 Joint MOTION for Settlement −− Entry of Consent Order by Attorney Robin L. Dull on behalf of Plaintiff United States of America. (Attachments: # 1 Text of Proposed Order)(Dull, Robin) (Entered: 02/16/2010)
80 TEXT NOTICE REGARDING PROPOSED ORDER 79 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.(CCB) (Entered: 02/17/2010)
81 ORDER granting 79 Motion for Settlement by entering a Consent Order.Ordered by Senior Judge Warren K. Urbom. (EJL) (Entered: 03/03/2010)


The defendant to this 2008 family-status discrimination lawsuit brought by the United States in the District of Nebraska, was a condominium association whose "Amended Master Deed and Declaration" stated that no unit should be "sold or leased to a person who has a child under the age of 16 who will occupy or reside in the unit 180 days or more a year."  The suit's complainants alleged that this clause posed an obstacle to their intended sale of their condo units.  After discovery, the parties entered mediation, and on March 3, 2010, District Judge Warren K. Urbom approved a three-year consent decree.  In addition to a general prohibition against discrimination in the sale or rental of the condominium units, the decree required the defendants to develop and post a non-discrimination policy and to amend the master deed to excise  the prohibition against families with children.  Defendants agreed to pay $77,500 to the complainants, an additional $35,000 to other aggrieved parties, and a $15,000 civil penalty to the United States. 