U. S. Court of Appeals for the Ninth Circuit

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

436 F.Supp.2d 1058

2006 WL 2355357

2007 WL 2774482

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, )

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)

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)

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)

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)

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)

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

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

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)

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

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)

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

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)

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

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)

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)

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)

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

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]

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)

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)

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

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)

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)

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)

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)

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

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)

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)

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)

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

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)

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)

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

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

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)

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)

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

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)

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

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)

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)

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)

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

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

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)

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)

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)

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

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)

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

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)

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)

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

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

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)

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)

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)

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)

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)

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)

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)

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

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)

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

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)

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

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)

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)

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)

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)

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)

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)

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

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)

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

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

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

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

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

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

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

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

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

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)

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)

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

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

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)