Case: Rudebusch v. State of Arizona

3:95-cv-01313 | U.S. District Court for the District of Arizona

Filed Date: June 30, 1995

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On June 30, 1995, a group of male professors filed suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq., and 42 U.S.C. §§ 1981 and 1983 against the State of Arizona in United States District Court of the District of Arizona. The plaintiffs, represented by private counsel, asked the Court for declaratory, injunctive and compensatory relief alleging that the Northern Arizona University's President's decision to create an unequal pay scale favoring minorities violated th…

On June 30, 1995, a group of male professors filed suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq., and 42 U.S.C. §§ 1981 and 1983 against the State of Arizona in United States District Court of the District of Arizona. The plaintiffs, represented by private counsel, asked the Court for declaratory, injunctive and compensatory relief alleging that the Northern Arizona University's President's decision to create an unequal pay scale favoring minorities violated the plaintiffs' rights to equal protection. Specifically, the plaintiffs contended that the policy was not justifiable as no previous discrimination had occurred in hiring of the University's professors.

The litigation was sparked when Northern Arizona University's President, Dr. Eugene Hughes, tried to rectify an imbalance in the composition of the University's professors by adding increased financial incentives for minorities, either racial or gender. A white male professor at the school, Rudebusch, objected along with a group of female and non-minority males. This group, including Rudebusch, filed suit. Rudebusch v. Arizona, 436 F.Supp.2d 1058 (D. Ariz. 2006).

On September 30, 1996, the Court (Judge Broomfield) certified the case as a class action. Meanwhile, the group of non-minority males also filed suit. On November 1, 1996 the two cases were consolidated. After a lengthy discovery period, the case went to trial.

On December 18, 2000, the jury reached its verdict, finding in favor of the defendant on all three claims: equal protection race, equal protection gender, and Title VII civil rights.

Thus, on December 29, 2000, the Court (Judge Broomfield) dismissed the case. The plaintiffs then appealed to the Circuit Court.

On December 9, 2002, the United States Court of Appeals of the Ninth Circuit, affirmed in part, and reversed and remanded in part. The Court held that certain aspects of the litigation had not been properly addressed, and thus, could not affirm summary judgment on all claims. The Court held that Hughes had immunity, but that the issue over the effects of the money still needed to be resolved. Rudebusch v. Arizona, 313 F.3d 525 (9th Circuit. 2002). The Court remanded for a determination whether certain Defendants could have been held liable under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq. Rudebusch v. Arizona, 436 F.Supp.2d 1059 (D. Ariz. 2006).

At a pre-trial conference on December 19, 2003, the parties stipulated to a bench trial of the remaining issue of Title IV liability and that if liability was found, to additional discovery as to damages. Rudebusch v. Arizona, 436 F.Supp.2d 1059 (D. Ariz. 2006).

On June 30, 2004, the Court (Judge Broomfield) issued its findings that liability for the defendants' violation of Title VII had been established. Rudebusch v. Arizona, 436 F.Supp.2d 1059 (D. Ariz. 2006). Then there was a long period of discovery relating to money involved, as both sides had to bring in experts to properly predict the expected values of salaries.

On June 7, 2006, the Court (Judge Broomfield) denied the defendant's motion for summary judgment and in part granted the plaintiffs' cross motion for summary judgment. The Court wanted hard evidence of what the statistical rates of salary increase, and neither side provided adequate information in that regard. Rudebusch v. Arizona, 436 F.Supp.2d 1069 (D. Ariz. 2006).

On August 14, 2006, the Court (Judge Broomfield) ordered counsel for Plaintiffs to submit a proposed judgment of the statistics of pay scale increase. Rudebusch v. Arizona, 2355257 WL 2 (D.C.A.Z. 2006).

On February 23, 2007, the Court denied defendants' motion for summary judgment and granted plaintiffs' cross-motion for summary judgment. Plaintiffs were awarded damages as outlined in the document.

On September 21, 2007, the Court (Judge Broomfield) ruled on the attorney's fees. The Court awarded less than the plaintiffs had asked for. Rudebusch v. Arizona, 2774482 WL 14 (D.C.A.Z. 2007). This was the last action of the case, as the docket was closed that same day.

Summary Authors

Matthew Aibel (5/6/2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4649562/parties/rudebusch-v-state-of-arizona/


Judge(s)

Broomfield, Robert Cameron (Arizona)

Kleinfeld, Andrew Jay (Alaska)

McKeown, M. Margaret (California)

Rymer, Pamela Ann (California)

Attorneys(s) for Plaintiff

Cook, Rosemary Stathakis (Arizona)

Horne, Thomas C. (Arizona)

Lorona, Jess A. (Arizona)

Attorneys(s) for Defendant

Countryman, Kenneth Sean (Arizona)

Currey, Rebecca Smith (Arizona)

Hudson, Lisa Kaye (Arizona)

Judge(s)

Broomfield, Robert Cameron (Arizona)

Kleinfeld, Andrew Jay (Alaska)

McKeown, M. Margaret (California)

Rymer, Pamela Ann (California)

Attorneys(s) for Plaintiff

Cook, Rosemary Stathakis (Arizona)

Horne, Thomas C. (Arizona)

Lorona, Jess A. (Arizona)

Attorneys(s) for Defendant

Countryman, Kenneth Sean (Arizona)

Currey, Rebecca Smith (Arizona)

Hudson, Lisa Kaye (Arizona)

Documents in the Clearinghouse

Document

3:95-cv-01313

Docket

Sept. 21, 2007

Sept. 21, 2007

Docket

3:95-cv-01313

Order Affirming in Part District Court's Decision

U. S. Court of Appeals for the Ninth Circuit

313 F.3d 506, 2002 U.S.App.LEXIS 24713

Dec. 9, 2002

Dec. 9, 2002

Order/Opinion
316

3:95-cv-01313

Order Granting Plaintiffs' Motion for Summary Judgment

436 F.Supp.2d 1058

June 9, 2006

June 9, 2006

Order/Opinion
321

3:95-cv-01313

Order Directing Plaintiff to Submit Proposed Judgment for Damages

2006 WL 2355357

Aug. 14, 2006

Aug. 14, 2006

Order/Opinion
344

3:95-cv-01313

96-cv-01077

Judgment (Final Order)

Feb. 23, 2007

Feb. 23, 2007

Order/Opinion
345

3:95-cv-01313

Order Reducing Proposed Attorneys' Fees

2007 WL 2774482

Sept. 20, 2007

Sept. 20, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4649562/rudebusch-v-state-of-arizona/

Last updated Aug. 2, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
316

ORDER that dfts' Motion for Summary Judgment (doc.16 in case number CV 96-1077-PCT-RCB) is Denied. FURTHER ORDERED that plas' Cross-Motion Summary Judgment (doc. 305 in case number CV 95-1313-PCT-RCB) is Granted in part and Denied in part. FURTHER ORDERED that, absent either side providing within twenty days of the date of this order competent evidence that would establish actual percentage increases for administrative positions, the judgment for plas will include a 22% increase f or each pla who occupied an administrative position. FINALLY ORDERED that, absent a contention by either party that they have competent evidence to establish the purpose of the 1995 adjustments and provides such evidence within twenty days of the dat e of this order, the Court shall presume that the "understandings" in both Toutkoushian's and Thomas' reports cannot be established, and, consequently, the 1995 adjustments cannot and will not be taken into account in determining plas' damages. Signed by Judge Robert C Broomfield on 6/7/06. (KMG, )

June 9, 2006

June 9, 2006

RECAP
2

RETURN OF SERVICE EXECUTED by mail upon dft State of Arizona (by service upon Pat Burg for Grant Woods) on 7/14/95 (LAD) (Entered: 07/21/1995)

July 19, 1995

July 19, 1995

3

RETURN OF SERVICE EXECUTED personally upon dft State of Arizona (by service upon Grant Woods by service upon Pat Burg) on 7/14/95 (LAD) (Entered: 07/25/1995)

July 24, 1995

July 24, 1995

321

ORDER re 316 ORDER that dfts' Motion for Summary Judgment. Directing counsel for Plaintiff's to submit a proposed judgment, based on the Court's order dated 6/7/06 and this order, thirty (30) days from the date of this order. Defendants must file any objection thay have to such proposed judgment ten (10) days from the date of its filing. . Signed by Judge Robert C Broomfield on 8/14/06. (LCF)

Aug. 14, 2006

Aug. 14, 2006

RECAP
344

JUDGMENT - IT IS HEREBY ORDERED that Dfts Motion for Summary Judgment ( 16 in case number CIV 96-1077 PCT RLB) is denied. FURTHER ORDERED that Plas Cross-Motion for Summary Judgment ( 305 in case number CIV 95-1313 PCT RCB) is GRANTED in all respec ts but for Plas request for attorneys fees which was not properly filed in accordance with Local Rule 54.2. FURTHER ORDERED that Plas shall be awarded damages as indicated within. IT IS ORDERED that Plas no longer employed by NAU shall provide NAU wi th income tax withholding forms (IRS W-4) within 10 days of the entry of judgment. FURTHER ORDERED that the above amounts shall be paid within 15 business days after receipt of all of the individual Plaintiffs tax withholding forms. All payments to t he Plas shall be forwarded to Plaintiffs counsel and shall be considered "paid" upon Plas' counsel's receipt. Payments to the ASRS and ORP shall be considered "paid" when transmitted by NAU. FURTHER ORDERED that post-judgment interest shall be awarded in accordance with 28 U.S.C. 1961. Signed by Judge Robert C Broomfield on 2/23/07. (KMG)

Feb. 23, 2007

Feb. 23, 2007

RECAP
4

ACCEPTANCE OF SERVICE upon dft AZ Board of Regents, dft Eddie Basha, dft Jane Doe Basha, dft Rudy E Campbell, dft Jane Doe Campbell, dft Esther Capin, dft John Doe Capin, dft Arthur Chapa, dft Jane Doe Chapa, dft Andrew D Hurwitz, dft Jane Doe Hurwitz, dft Spencer Insolia, dft Jane Doe Insolia, dft John F Munger, dft Jane Doe Munger, dft Donald Pitt, dft Jane Doe Pitt, dft Douglas J Wall, dft Jane Doe Wall on 8/21/95 (MAP) (Entered: 08/24/1995)

Aug. 23, 1995

Aug. 23, 1995

5

ANSWER by dfts (TCA) (Entered: 09/01/1995)

Aug. 31, 1995

Aug. 31, 1995

6

STIPULATION by the parties that the pre−discovery disclosure statements shall be exchanged on 11/1/95 (TCA) (Entered: 09/08/1995)

Sept. 6, 1995

Sept. 6, 1995

7

ORDER by Judge Robert C. Broomfield granting stipulation that parties will exchange pre−discovery disclosure stmts on 11/1/95 (cc: all counsel) (MAP) (Entered: 09/11/1995)

Sept. 11, 1995

Sept. 11, 1995

8

REPORT of parties planning meeting (TCA) (Entered: 09/14/1995)

Sept. 11, 1995

Sept. 11, 1995

9

MINUTE ORDER: show cause hearing Re FRCivP 4(m) as to Defendants XYZ Corp 1−100/Does 1−100 John and Jane and ABC Governmental set for 2:30pm, MONDAY, NOVEMBER 13, 1995 before Judge Broomfield, Courtroom #3, Seventh Floor; OSC hearing to be vacated upon filing proof of service and/or dismissal. (cc: all counsel) [9−2] (former emp) (Entered: 09/14/1995)

Sept. 14, 1995

Sept. 14, 1995

11

NOTICE by dfts of service of answers to plas first request for production of documents (TCA) (Entered: 09/20/1995)

Sept. 18, 1995

Sept. 18, 1995

10

ORDER SETTING RULE 16 SCHEDULING CONFERENCE by Judge Robert C. Broomfield scheduling conf set for 3:30 1/22/96 (cc: all counsel) (LAD) (Entered: 09/19/1995)

Sept. 19, 1995

Sept. 19, 1995

12

MOTION to continue Rule 16 scheduling conference by all (named) dfts [12−1] (LAD) (Entered: 09/26/1995)

Sept. 22, 1995

Sept. 22, 1995

13

RESPONSE by plas George Rudebusch, Virginia Vigil to motion to continue Rule 16 scheduling conference by all (named) dfts [12−1] (former emp) (Entered: 09/29/1995)

Sept. 26, 1995

Sept. 26, 1995

14

ORDER by Judge Robert C. Broomfield granting motion to continue Rule 16 scheduling conference by all (named) dfts [12−1]; Rule 16 scheduling conf reset for 3:00 2/5/96 (cc: all counsel) (LAD) (Entered: 10/02/1995)

Sept. 28, 1995

Sept. 28, 1995

15

NOTICE by dft of svc of dfts' answers to plas' 1st set of non−unfrm intrrgs and resp to Plaintiffs' 2nd req for production of docs (MAP) (Entered: 10/20/1995)

Oct. 19, 1995

Oct. 19, 1995

16

STIPULATION to continue discovery disclosures pur to FRCP 26(A)(1) (MAP) (Entered: 11/02/1995)

Nov. 1, 1995

Nov. 1, 1995

17

MINUTE ORDER: cnsl advised the court of settlement; show cause hearing re unnamed defts set 11/13/96 VACATED; status hearing re settlement set for 2:30pm, 1/8/96; status hearing to be vacated upon the filing of dismissal (cc: all counsel) [17−3]

Nov. 13, 1995

Nov. 13, 1995

19

ORDER by Judge Robert C. Broomfield that Ms Margaret Hughes will be included &substituted for Jane Doe Hughes....; dismissing dfts State of Arizona, NAU, AZ Board of Regents, Eddie Basha, Jane Doe Basha, Rudy E Campbell, Jane Doe Campbell, Esther Capin, John Doe Capin, Arthur Chapa, Jane Doe Chapa, Andrew D Hurwitz, Jane Doe Hurwitz, Spencer Insolia, Jane Doe Insolia, John F Munger, Jane Doe Munger, Donald Pitt, Jane Doe Pitt, Douglas J Wall, Jane Doe Wall, John Does 1−100, Jane Does 1−100, XYZ Corp 1−100, ABC Governmental (cc: all counsel) (LAD) (Entered: 11/24/1995)

Nov. 24, 1995

Nov. 24, 1995

20

MINUTE ORDER: re: order [17−3] pltfs counsel advised the court by letter dated 11/21/95 that the minute entry of 11/13/95 was incorrect; status hearing re settlement set for 1/8/96 is VACATED as it was set in error (cc: all counsel) [20−2] (former emp) (Entered: 11/27/1995)

Nov. 27, 1995

Nov. 27, 1995

21

STIPULATION (re vacating OSC hearing &substitution of party) (LAD) (Entered: 11/28/1995)

Nov. 28, 1995

Nov. 28, 1995

22

MOTION to exceed the page limit (re motion for determination) by all plas [22−1] (motion for determination of class action &certification of 2 subclasses lodged) (LAD) (Entered: 01/19/1996)

Jan. 17, 1996

Jan. 17, 1996

23

ORDER by Judge Robert C. Broomfield granting motion to exceed the page limit (re motion for determination) by all plas [22−1] (cc: all counsel) (MAP) (Entered: 01/26/1996)

Jan. 26, 1996

Jan. 26, 1996

24

MOTION for determination of class action by pla [24−1] and for certification of 2 subclasses by pla [24−2] (MAP) (Entered: 01/26/1996)

Jan. 26, 1996

Jan. 26, 1996

25

MOTION for extension of time to file response to pla's motion for determination of class action &certification of two subclasses by all dfts [25−1] (LAD) (Entered: 01/31/1996)

Jan. 29, 1996

Jan. 29, 1996

26

STIPULATION to continue scheduling conference to be held 2/5/96 (LAD) (Entered: 02/01/1996)

Jan. 31, 1996

Jan. 31, 1996

27

ORDER by Judge Broomfield granting stipulation prel scheduling conf vacated; continuing the ddls set forth in the Order dated 9/19/95 until after there is a decision rendered on the appropriateness of the class (cc: all counsel) (MAP) (Entered: 02/07/1996)

Feb. 7, 1996

Feb. 7, 1996

28

ORDER by Judge Robert C. Broomfield granting motion for extension of time to file response to pla's motion for determination of class action &certification of two subclasses by all dfts [25−1]; dfts shl file its resp on/b4 2/29/96 (cc: all counsel) (MAP) (Entered: 02/07/1996)

Feb. 7, 1996

Feb. 7, 1996

29

MOTION for extension of time to file response to plas' motion for determination of class action &certification of two subclasses by all dfts [29−1] (LAD) (Entered: 02/29/1996)

Feb. 28, 1996

Feb. 28, 1996

30

STIPULATION for a corrected order (MAP) (Entered: 03/06/1996)

March 5, 1996

March 5, 1996

31

ORDER by Judge Robert C. Broomfield granting motion for extension of time to file response to plas' motion for determination of class action &certification of two subclasses by all dfts [29−1]; dft shall file its response to motion for determination of class action by pla [24−1], motion for certification of 2 subclasses by pla [24−2] on or before 4/15/96 (cc: all counsel) (LAD) (Entered: 03/12/1996)

March 12, 1996

March 12, 1996

32

ORDER by Judge Robert C. Broomfield granting stipulation; striking order entered 11/21/95; Ms Margaret Hughes will be included &substituted for Jane Doe Hughes....; dismissing the action against individual dfts Eddie Basha, Jane Doe Basha, Rudy E Campbell, Jane Doe Campbell, Esther Capin, John Doe Capin, Arthur Chapa, Jane Doe Chapa, Andrew D Hurwitz, Jane Doe Hurwitz, Spencer Insolia, Jane Doe Insolia, John F Munger, Jane Doe Munger, Donald Pitt, Jane Doe Pitt, Douglas J Wall, Jane Doe Wall, John Does 1−100, XYZ Corps 1−100 &ABC Governmental Entities; dismissing the State of Arizona, Northern Arizona University &the Arizona Board of Regents from count 2 of the complaint; the 1981 &1983 action will be against Eugene &Margaret Ann Hughes (cc: all counsel) (LAD) (Entered: 03/12/1996)

March 12, 1996

March 12, 1996

33

MOTION for judgment on the pleadings by all dfts [33−1] (LAD) (Entered: 04/13/1996)

April 12, 1996

April 12, 1996

34

MOTION to exceed the page limit by all dfts [34−1] (response to motion for determination lodged) (LAD) (Entered: 04/13/1996)

April 12, 1996

April 12, 1996

35

ORDER by Judge Robert C. Broomfield granting motion to exceed the page limit by all dfts [34−1] (re response to motion for determination of class action &certification of 2 subclasses) (cc: all counsel) (LAD) (Entered: 04/18/1996)

April 18, 1996

April 18, 1996

36

RESPONSE by all plas to motion for determination of class action by all plas [24−1], motion for certification of 2 subclasses by all plas [24−2] (OK to file per order #35 4/18/96) (LAD) (Entered: 04/18/1996)

April 18, 1996

April 18, 1996

37

STIPULATION to continue pla's response to motion for judgment on the pleadings (LAD) (Entered: 05/01/1996)

April 29, 1996

April 29, 1996

38

ORDER by Judge Robert C. Broomfield granting stipulation continuing the deadline for pla's response to motion for judgment on the pleadings by all dfts [33−1] to 5/10/96 (cc: all counsel) (LAD) (Entered: 05/01/1996)

May 1, 1996

May 1, 1996

39

STIPULATION to continue pla's response to dft's motion for judgment on the pleadings (2nd request) (LAD) (Entered: 05/21/1996)

May 20, 1996

May 20, 1996

40

ORDER by Judge Robert C. Broomfield granting stipulation continuing the deadline for response to motion for judgment on the pleadings by all dfts [33−1] to 6/2/96 [cc: all counsel] [33−1] (cc: all counsel) (LAD) (Entered: 05/22/1996)

May 22, 1996

May 22, 1996

41

RESPONSE to motion to motion for judgment on the pleadings by all plas and CROSS−MOTION for order allowing limited discovery &dismissing the action as to the State by all plas [41−1] &subsequent order determining 11th amendment is no bar to this action against remaining dfts by all plas [41−2] (RE: [33−1] ) (LAD) (Entered: 06/04/1996)

June 3, 1996

June 3, 1996

42

REPLY by all plas to response to motion for determination of class action by pla [24−1], motion for certification of 2 subclasses by pla [24−2] (LAD) (Entered: 06/04/1996)

June 3, 1996

June 3, 1996

43

REPLY by dft to response to motion for judgment on the pleadings by all dfts [33−1] (former emp) (Entered: 06/14/1996)

June 13, 1996

June 13, 1996

44

MOTION to consolidate cases (with CIV 96−1077 PCT PGR) by all plas [44−1] (LAD) (Entered: 09/13/1996)

Sept. 12, 1996

Sept. 12, 1996

46

ORDER by Judge Robert C. Broomfield granting plas 15 days to properly serve its motion to consolidate cases (with CIV 96−1077 PCT PGR) by all plas [44−1] on dfts (cc: all counsel) (LAD) (Entered: 10/28/1996)

Oct. 28, 1996

Oct. 28, 1996

47

ORDER by Judge Robert C. Broomfield granting motion to consolidate cases (with CIV 96−1077 PCT PGR) by all plas [44−1] (cc: all counsel/cy plcd in CV−96−1077) (former emp) Modified on 11/01/1996 (Entered: 11/01/1996)

Nov. 1, 1996

Nov. 1, 1996

48

MINUTE ENTRY: advising cases CIV−95−1313 &CIV−96−1077 are consolidated &assigned to the Hon RCB; all pleadngs be filed in lead case &captioned as noted herein [cc: All counsel/RCB/PGR] [48−1] re: minute entry [48−1] (former emp) (Entered: 11/01/1996)

Nov. 1, 1996

Nov. 1, 1996

49

NOTICE by all plas of service (of special request for production of documents &special request for admissions) (LAD) (Entered: 11/13/1996)

Nov. 12, 1996

Nov. 12, 1996

50

ORDER SETTING R.16 SCHEDULING CONF by Judge Robert C. Broomfield: scheduling conf set for 4:00 3/10/97 (cc: all counsel) (former emp) (Entered: 11/14/1996)

Nov. 14, 1996

Nov. 14, 1996

51

MOTION for summary judgment by all dfts in 3:95−cv−01313 [51−1] (LAD) (Entered: 11/29/1996)

Nov. 26, 1996

Nov. 26, 1996

52

STATEMENT OF FACTS by all dfts re motion for summary judgment by all dfts in 3:95−cv−01313 [51−1] (LAD) (Entered: 11/29/1996)

Nov. 26, 1996

Nov. 26, 1996

53

MOTION to strike motion for summary judgment by all plas [53−1] &request the motion be denied by all plas in 3:95−cv−01313 [53−2] (LAD) (Entered: 12/19/1996)

Dec. 18, 1996

Dec. 18, 1996

54

NOTICE by all plas in 3:95−cv−01313 of service of answers to special request for admissions (LAD) (Entered: 12/19/1996)

Dec. 18, 1996

Dec. 18, 1996

55

Answers to special request for admissions by dfts (STR LR 1.2) (former emp) (Entered: 12/21/1996)

Dec. 18, 1996

Dec. 18, 1996

56

NOTICE by dft in 3:95−cv−01313 of srvc of answers to special intrrogs &resp to special req for prod of docs (former emp) (Entered: 12/21/1996)

Dec. 19, 1996

Dec. 19, 1996

57

RESPONSE by dft to motion to strike motion for summary judgment by all plas [53−1], motion the motion be denied by all plas [53−2] (former emp) (Entered: 12/30/1996)

Dec. 26, 1996

Dec. 26, 1996

58

MINUTE ORDER: setting the following motions for MONDAY, MARCH 10, 1997 at 11:00am before Judge Broomfield, Courtroom #3, Seventh Floor: motion to strike motion for summary judgment by all plas [53−1] and motion for summary judgment by all dfts in 3:95−cv−01313 [51−1]; preliminary scheduling conference 3/10/96 VACATED and RESET for 3:30pm, MONDAY, MAY 19, 1997 (cc: all counsel) [58−2] (former emp) (Entered: 01/03/1997)

Jan. 3, 1997

Jan. 3, 1997

59

REPLY by all plas in 3:95−cv−01313 to response to motion to strike motion for summary judgment by all plas [53−1] (REW) (Entered: 01/13/1997)

Jan. 9, 1997

Jan. 9, 1997

60

ORDER by Judge Robert C. Broomfield denying motion for order allowing limited discovery &dismissing the action as to the State by all plas [41−1], denying motion subsequent order determining 11th amendment is no bar to this action against remaining dfts by all plas [41−2] (cc: all counsel) (former emp) (Entered: 01/23/1997)

Jan. 23, 1997

Jan. 23, 1997

62

ORDER by Judge Robert C. Broomfield granting stipulation and that dfts waive any defense or claim that Guenther Huck did not file a complaint w/in 90 days of recpt of his right to sue letter dated 1/8/97 because Mr Huck has already been included in the complaint w/these allegations. (cc: all cnsl) (cc: all counsel) (former emp) (Entered: 01/23/1997)

Jan. 23, 1997

Jan. 23, 1997

63

MOTION to continue discovery deadline for determing whether the Az Board of Regents is a state agency by pla [63−1] (former emp) (Entered: 01/24/1997)

Jan. 23, 1997

Jan. 23, 1997

64

NOTICE by all dfts of service of answers to 3rd request for production of documents (LAD) (Entered: 02/03/1997)

Jan. 31, 1997

Jan. 31, 1997

65

ORDER by Judge Robert C. Broomfield: granting stipulation; GRANTING plas an additional 120 days to conduct discovery limited to determining whether the AZ Board of Regents is a state agency; the Court GRANTS defts leave to refile their motion for summary judgment as to the AZ Board of Regents within 60 days thereafter (cc: all counsel) re: order [65−1] (former emp) (Entered: 02/21/1997)

Feb. 21, 1997

Feb. 21, 1997

66

MOTION to amend order granting extension of discovery deadline by all dfts in 3:95−cv−01313 [66−1] (LAD) (Entered: 02/27/1997)

Feb. 26, 1997

Feb. 26, 1997

67

NOTICE of change of counsel for dfts. Asst AG, Lisa Hudson has been substituted as cnsl of rcrd for dfts, STate of AZ, NAU, AZ Board of Regents and Eugene Hughes in place of Rebecca S. Currey. (former emp) (Entered: 03/03/1997)

Feb. 26, 1997

Feb. 26, 1997

68

STIPULATION (extending dfts' resp to 4th req for prod etc) (former emp) (Entered: 03/07/1997)

March 6, 1997

March 6, 1997

69

MINUTE ENTRY: Crt Rptr: R.Huckaby−Cotton − ECR: taking under advisement on 3/10/97 the following motions: motion to strike motion for summary judgment by all plas [53−1], motion the motion be denied by all plas in 3:95−cv−01313 [53−2], and, motion for summary judgment by all dfts in 3:95−cv−01313 [51−1] [69−1] (former emp) (Entered: 03/10/1997)

March 10, 1997

March 10, 1997

70

ORDER by Judge Robert C. Broomfield granting motion to continue discovery deadline for determing whether the Az Board of Regents is a state agency by pla [63−1]; withdrawing the motion to amend order granting extension of discovery deadline by all dfts in 3:95−cv−01313 [66−1] (cc: all counsel) (LAD) (Entered: 03/14/1997)

March 14, 1997

March 14, 1997

71

ORDER by Judge Robert C. Broomfield denying motion to strike motion for summary judgment by all plas [53−1], granting motion the motion be denied (for continuance) by all plas in 3:95−cv−01313 [53−2]; plas are directed to file a response to motion for summary judgment within 25 days after the filing of this order; granting motion for summary judgment by dfts in 3:95−cv−01313 [51−1] of section 1981 sex−based discrimination claims; staying ruling on the remainder of dfts' motion for summary judgment (cc: all counsel) (LAD) (Entered: 03/27/1997)

March 27, 1997

March 27, 1997

72

NOTICE by all plas in 3:95−cv−01313 OF TAKING DEPO OF Mary McHugh on the following date(s): 4/17/97 at 9 am (LAD)

March 31, 1997

March 31, 1997

74

NOTICE by all plas in 3:95−cv−01313 OF TAKING DEPO OF Eugene Hughes on the following date(s): 5/5/97 at 9 am (LAD) (Entered: 04/11/1997)

April 9, 1997

April 9, 1997

75

NOTICE by all dfts in 3:95−cv−01313 of service of answers to 1st request for admissions, 2nd set of interrogatories &4th request for production of documents (LAD) (Entered: 04/11/1997)

April 9, 1997

April 9, 1997

76

STIPULATION (that response to motion for summary judgment be due 5/9/97 &reply due 5/30/97) (LAD) (Entered: 04/11/1997)

April 10, 1997

April 10, 1997

77

MINUTE ORDER: pending the court's ruling on pending motion(s), the following scheduling conference is reset: preliminary scheduling conference 5/19/97 VACATED and RESET for 3:00pm, 10/6/97 (cc: all counsel) [77−2] (former emp) (Entered: 04/18/1997)

April 18, 1997

April 18, 1997

78

NOTICE by all dfts of service of supplmental response to 4th request for production of documents (LAD) (Entered: 04/21/1997)

April 18, 1997

April 18, 1997

79

RESPONSE by pla to motion for summary judgment by all dfts [51−1] (former emp) (Entered: 05/10/1997)

May 9, 1997

May 9, 1997

80

CROSS−MOTION for summary judgment by plas [80−1] (former emp) (Entered: 05/10/1997)

May 9, 1997

May 9, 1997

81

STATEMENT OF FACTS by plas in support of response &x−mtn for sj (#79, 80) (former emp) (Entered: 05/10/1997)

May 9, 1997

May 9, 1997

82

AFFIDAVIT of Michael R. Wagner (former emp) (Entered: 05/10/1997)

May 9, 1997

May 9, 1997

83

SUPPLEMENTAL MOTION to certifiy class by all plas in 3:95−cv−01313 [83−1] (LAD) (Entered: 05/19/1997)

May 15, 1997

May 15, 1997

84

AFFIDAVIT of Michael R Wagner (BULKY DOCUMENT) (LAD) (Entered: 05/19/1997)

May 15, 1997

May 15, 1997

85

STIPULATION for extension of time (re responses/replies to pending motions) (1st request) (LAD) (Entered: 05/29/1997)

May 27, 1997

May 27, 1997

86

NOTICE by all dfts of service of response to 5th request for production of documents (LAD) (Entered: 06/03/1997)

June 2, 1997

June 2, 1997

87

ORDER by Judge Robert C. Broomfield granting stipulation; granting dfts an extension to 6/16/97 to file their reply to motion for summary judgment by all dfts in [51−1] &responses to cross−motion for summary judgment by plas [80−1] &supplemental motion to certifiy class by all plas in 3:95−cv−01313 [83−1] (cc: all counsel) (LAD) (Entered: 06/06/1997)

June 6, 1997

June 6, 1997

88

RESPONSE by all dfts to supplemental motion to certifiy class by all plas in 3:95−cv−01313 [83−1] (LAD) (Entered: 06/18/1997)

June 16, 1997

June 16, 1997

89

NOTICE TO COURT &COUNSEL RE: AFFIDAVIT of Joseph Franco (LAD) (Entered: 06/18/1997)

June 16, 1997

June 16, 1997

89

MOTION (REQUEST) for Rule 56(f) relief by all dfts in 3:95−cv−01313 [89−1] (LAD) (Entered: 06/18/1997)

June 16, 1997

June 16, 1997

90

CONSOLIDATED REPLY by all dfts to response to motion for summary judgment by all dfts in 3:95−cv−01313 [51−1] (LAD) (Entered: 06/18/1997)

June 16, 1997

June 16, 1997

91

STATEMENT OF FACTS by all dfts in 3:95−cv−01313 re response (opposition) to cross−motion for summary judgment (BULKY DOCUMENT) (LAD) (Entered: 06/18/1997)

June 16, 1997

June 16, 1997

92

SUPPLEMENTAL &AMENDED RESPONSE by all dfts in 3:95−cv−01313 to motion for summary judgment by plas [80−1] (LAD) (Entered: 06/24/1997)

June 23, 1997

June 23, 1997

93

STIPULATION to continue plas' response to supplemental motion to certify class &plas' reply to response to countermotion for summary judgment.... (LAD) (Entered: 07/07/1997)

July 2, 1997

July 2, 1997

94

ORDER by Judge Robert C. Broomfield granting stipulation; that plas be provided an extension till 7/19/97 to reply to response to motion to certifiy class by all plas in 3:95−cv−01313 [83−1] &reply to response to motion for summary judgment by plas [80−1] (cc: all counsel) (LAD) (Entered: 07/09/1997)

July 9, 1997

July 9, 1997

95

STIPULATION to continue response to supplemental motion to certify class etc (LAD) (Entered: 07/23/1997)

July 18, 1997

July 18, 1997

96

ORDER by Judge Robert C. Broomfield granting stipulation that plas provided an extn til 8/1/97 to reply to dfts' respnse to plas' supplmntl mtn to certify class &plas' reply to dfts' respnse to pla's cntrmtn for sj &oppositn to dfts' supplmntl stmt of facts (cc: all counsel) (former emp) (Entered: 07/23/1997)

July 23, 1997

July 23, 1997

97

REPLY by all plas in 3:95−cv−01313 to response to supplemental motion to certifiy class by all plas in 3:95−cv−01313 [83−1] (LAD) (Entered: 08/05/1997)

Aug. 1, 1997

Aug. 1, 1997

98

NOTICE OF HEARING by pla in 3:95−cv−01313 setting motion to certifiy class by all plas in 3:95−cv−01313 [83−1] at 11:00 11/17/97, setting motion for summary judgment by plas [80−1] at 11:00 11/17/97, setting motion for summary judgment by all dfts in 3:95−cv−01313 [51−1] at 11:00 11/17/97 (LAD) (Entered: 08/05/1997)

Aug. 1, 1997

Aug. 1, 1997

99

MOTION to file reply brief of 17 pgs (re reply in support of cross motion for summary judgment) by all plas in 3:95−cv−01313 [99−1] (reply &statement lodged) (LAD) (Entered: 08/05/1997)

Aug. 1, 1997

Aug. 1, 1997

100

ORDER by Judge Robert C. Broomfield granting motion to file reply brief of 17 pgs (re reply in support of cross motion for summary judgment) by all plas in 3:95−cv−01313 [99−1] (cc: all counsel) (LAD) (Entered: 08/05/1997)

Aug. 5, 1997

Aug. 5, 1997

101

REPLY by all plas in 3:95−cv−01313 to response to motion for summary judgment by plas [80−1] (OK to file per order #100 8/5/97) (LAD) (Entered: 08/05/1997)

Aug. 5, 1997

Aug. 5, 1997

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: June 30, 1995

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All professors at NAU, who did not benefit from minority status and were thus not entitled to bonuses during the year of 1993

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Arizona, State

Dr. Eugene Hughes (Flagstaff), None

Defendant Type(s):

College/University

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

Title VII (including PDA), 42 U.S.C. § 2000e

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Damages

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Amount Defendant Pays: 1,601,225.04

Order Duration: 2006 - 2007

Issues

General:

Pattern or Practice

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Race discrimination

Sex discrimination

Race:

White

Affected Gender:

Male