Case 4:11-cv-01992 Document 37

Filed in TXSD on 09/22/11 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION SCOTT RAINEY, et al., Plaintiffs, Civil Action H-11-1992

vs. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, et al. Defendants

JOINT MOTION FOR ENTRY OF CONSENT DECREE Plaintiffs and Defendants jointly move for entry of the Consent Decree attached hereto as Exhibit A. 1. The parties mediated this case on Wednesday, September 7, 2011. Former

Texas Supreme Court Chief Justice Tom Phillips served as mediator. 2. The mediation was successful, resulting in an agreement between the

parties, which is reflected in the attached Consent Decree. 3. The attached Consent Decree completely resolves this case, disposing of

all claims and parties. 4. As evidenced by their signatures, all parties and counsel agree to and

request entry of the attached Consent Decree.

Joint Motion for Entry of Consent Decree Page 1

Case 4:11-cv-01992 Document 37

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Respectfully submitted, /s/ Jeffrey C. Mateer________ Jeffrey C. Mateer Attorney-in-Charge Texas Bar No. 13185320 Southern District of Texas Bar No. 38345 Hiram S. Sasser III Texas Bar No. 24039157 Erin E. Leu Texas Bar No. 24070138 LIBERTY INSTITUTE 2001 Plano Parkway, Suite 1600 Plano, Texas 75075 Telephone: (972) 941-4444 Fax: (972) 941-4457 Email: jmateer@libertyinstitute.org John D. Walker Texas Bar No. 00794809 39602 Cimarron Way Magnolia, TX 77354 Tel: 281-252-0222 Fax: 281-259-9596 Email: jwalker@jdwlaw.com Counsel for Plaintiffs

JOSE ANGEL MORENO United States Attorney /s/ Daniel Hu_______ Daniel Hu Texas Bar No. 10131415 Southern District of Texas Bar No. 7959 P.O. Box 61129 Houston, Texas 77208 Telephone: (713) 567-9529 Fax: (713) 718-3303 Email: Daniel.Hu@usdoj.gov Counsel for Defendants Joint Motion for Entry of Consent Decree Page 2

Case 4:11-cv-01992 Document 37

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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was electronically served through the Courts CM/ECF system, or otherwise mailed via First Class Mail, on this 22nd day of September, 2011, to the following parties or attorneys of record: Fred T. Hinrichs Daniel Hu U.S. Attorney's Office P.O. Box 61129 Houston, Texas 77208 Counsel for Defendants

/s/ Jeffrey C. Mateer Jeffrey C. Mateer

Joint Motion for Entry of Consent Decree Page 3