Case 1:16-cv-00873-RM-CBS Document 108 Filed 07/14/17 USDC Colorado Page 1 of 5

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 1:16-cv-00873-RM-CBS

GRANT NEAL,

Plaintiff,

v.

COLORADO STATE UNIVERSITY-PUEBLO, et al.,

Defendants.

JOINT STATUS REPORT

Plaintiff, the Colorado State University-Pueblo Defendants, and the Federal

Defendants, through their respective counsel, submit the following Joint Status

Report, pursuant to this Courts Minute Order entered June 14, 2017 (ECF No.

107):

STATUS OF PLAINTIFFS CLAIMS AGAINST THE CSU-PUEBLO DEFENDANTS

1. On or about June 9, 2017, the parties reached an agreement to resolve

this matter and to dismiss all remaining claims stated against the CSU-Pueblo

Defendants. The agreement included monetary and a number of non-economic

terms.

2. On June 13, 2017, the State Claims Board voted, as required by state

law, to approve the monetary terms of the settlement agreement.

3. On June 15, 2017, the undersigned counsel for the CSU-Pueblo

Defendants, Amy Colony, e-mailed a draft Release and Settlement Agreement to

Case 1:16-cv-00873-RM-CBS Document 108 Filed 07/14/17 USDC Colorado Page 2 of 5

opposing counsel and a proposed joint press release as contemplated by the terms of

the Agreement.

4. On July 7, 2017, Plaintiff responded with a revised agreement.

5. Although the parties previously reached an agreement on the non-

monetary terms, counsel for the parties continue to work through the language of

the written agreement formalizing the non-monetary terms already agreed to by the

parties.

6. The parties request an additional week to finalize the written

agreement. In the event the parties are unable to do so on or before July 21, 2017,

the CSU-Pueblo Defendants will file a motion to enforce the terms of the agreement

reached by the parties on June 9, 2017.

7. The Federal Defendants are not part of any settlement discussions

with Plaintiff, so Plaintiff and the Federal Defendants anticipate that the Court will

need to rule on the Federal Defendants pending motion to dismiss regardless of any

settlement of Plaintiffs claims against the CSU-Pueblo Defendants.

Respectfully submitted this 14th day of July, 2017.

CYNTHIA H. COFFMAN
Attorney General

s/ Amy Colony
AMY COLONY*
Senior Assistant Attorney General
ALISON AILER
LAUREN BECKER
JACQUELYNN RICH FREDERICKS
Assistant Attorney(s) General
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Attorneys for CSU-Pueblo Defendants

1300 Broadway, 10th Floor

Denver, CO 80203
Telephone: (720) 508-6600
FAX: (720) 508-6032
Email:
amy.colony@coag.gov
allison.ailers@coag.gov
jacquelynn.richFredericks@coag.gov
lauren.becker@coag.gov

*Counsel of Record

s/ Andrew T. Miltenberg
Andrew T. Miltenberg, Esq.
Tara J. Davis, Esq.
Jeffrey Berkowitz, Esq.
363 7th Avenue, Fifth Floor
New York, NY 10001
amiltenberg@nmllplaw.com
tdavis@mmllplaw.com
jberkowitz@mmllplaw.com

s/ Michael Mirabella
Michael J. Mirabella, Esq.
450 E. 17th Avenue, Suite 400
Denver, CO 80203
mmirabella@mbellalaw.com

Counsel for Federal Defendants:

CHAD A. READLER
Acting Assistant Attorney General

BOB TROYER
Acting United States Attorney

JENNIFER D. RICKETTS
Director
Federal Programs Branch
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SHEILA M. LIEBER
Deputy Director
Federal Programs Branch

/s/ Matthew J. Berns

MATTHEW J. BERNS
Trial Attorney (D.C. Bar No. 998094)
Federal Programs Branch
U.S. Department of Justice, Civil Division
20 Massachusetts Avenue NW
Washington, D.C. 20530
Telephone: (202) 616-8016
Email: matthew.j.berns@usdoj.gov
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CERTIFICATE OF SERVICE

I certify that I served the foregoing Joint Status Report upon all parties

herein by e-filing with the CM/ECF system maintained by the court or by depositing

copies of same in the United State mail, first-class postage prepaid, at Denver,

Colorado, this 14th day of July, 2017 addressed as follows:

Matt Berns Andrew T. Miltenberg, Esq.

U.S Department of Justice
Civil Division
Federal Programs Branch
20 Massachusetts Avenue, NW
Washington, DC 20530
(202) 616-8016
Matthew.J.Berns@usdoj.gov
Tara J. Davis, Esq.
Jeffrey Berkowitz, Esq.
363 7th Avenue, Fifth Floor
New York, NY 10001
amiltenberg@nmllplaw.com
tdavis@mmllplaw.com
jberkowitz@mmllplaw.com

Michael J. Mirabella, Esq. Rebecca Beth Peterson-Fisher

450 E. 17th Avenue, Suite 400 Equal Rights Advocates
Denver, CO 80203 1170 Market Street, Suite 700
mmirabella@mbellalaw.com San Francisco, CA 94102
rpetersonfisher@equalrights.org

Sarah Hunter Weiss

Assistant U.S. Attorney
United States Attorneys Office
1801 California Street, Suite 1600
Denver, CO 80202
(303) 454-0100
sarah.weiss@usdoj.gov

s/ Amy Colony