Case: Gratz v. Bollinger

Grutter v. Bollinger

U. S. Court of Appeals for the Sixth Circuit

U. S. Court of Appeals for the Sixth Circuit

COMPLAINT − Receipt # 351144 − Date Fee Received: 10/14/97 (nh) (Entered: 10/16/1997)

SUMMONS returned executed by process server on 10/14/97 − answer due 11/3/97 for Lee Bollinger, for James T. Duderstadt, for Univ MI College Lit, for Univ MI (LS) (Entered: 10/23/1997)

NOTICE of non−admission of attorney Michael E. Rosman, Michael P. McDonald and Hans F. Bader (LS) (Entered: 10/23/1997)

NOTICE of non−admission of attorney David F. Herr (LS) (Entered: 10/23/1997)

LETTER by defendants re: extension of time to answer complaint (RH) Modified on 05/27/1999 (Entered: 11/20/1997)

AFFIRMATIVE defenses by defendants Lee Bollinger, James T. Duderstadt and Univ MI (RH) Modified on 05/27/1999 (Entered: 12/05/1997)

ANSWER by defendants Lee Bollinger, James T. Duderstadt and Univ MI to complaint [1−1] with proof of mailing (RH) Modified on 05/27/1999 (Entered: 12/05/1997)

NOTICE of status conference (LS) Modified on 05/27/1999 (Entered: 12/08/1997)

SCHEDULE by Judge Patrick J. Duggan: status conference set for 2:30 12/16/97 (mo) Modified on 05/27/1999 (Entered: 12/05/1997)

STATUS conference held and continued to 2:00 3/24/98 − Judge Patrick J. Duggan (mo) (Entered: 12/16/1997)

DEMAND by plaintiffs for jury trial (dp) (Entered: 01/05/1998)

PROOF of mailing by plaintiffs of demand for jury trial (dp) (Entered: 01/09/1998)

LETTER by Leonard Niehoff confirming the scheduled status conference (RH) (Entered: 02/06/1998)

SCHEDULE by Judge Patrick J. Duggan: status conference set for 2:00 3/31/98 (mo) Modified on 05/27/1999 (Entered: 02/09/1998)

MOTION (first amended) by Ebony Patterson, Laurent Crenshaw, Karla R. Williams, Tiffany Hall, Kristen M. J. Harris, Michael Smith, Khyla Craine, Nyah Carmichael, Shanna Dubose, Ebony Davis, Nicole Brewer, Karla Harlin, Brian Harris, Katrina Gipson, Candice B. N. Reynolds, Citizens Actions, Ruben Martinez and Larry Brown to intervene with proof of mailing (cf) Modified on 05/27/1999 (Entered: 02/12/1998)

PROOF of mailing of response to motion to intervene [14−1] (RH) Modified on 05/27/1999 (Entered: 02/26/1998)

RESPONSE by plaintiffs Jennifer Gratz and Patrick Humacher to motion to intervene [12−1] (RH) Modified on 05/27/1999 (Entered: 02/26/1998)

RESPONSE by defendants to motion to intervene [12−1] with proof of mailing (RH) Modified on 05/27/1999 (Entered: 08/11/1998)

REPLY by intervening defendants to response to motion to intervene [12−1] with proof of mailing (pd) (Entered: 05/27/1999)

LETTER by defendants Univ MI, James T. Duderstadt, Lee Bollinger confirming rescheduling of status conference (dh) (Entered: 03/13/1998)

SCHEDULE by Judge Patrick J. Duggan: status conference set for 3:00 4/8/98 (mo) Modified on 05/27/1999 (Entered: 03/12/1998)

PETITION by H. Wallace Parker to intervene with brief (dp) Modified on 05/27/1999 (Entered: 04/27/1998)

SUBSTITUTION for plaintiffs Jennifer Gratz and Patrick Humacher of attorney Kerry L. Morgan in place of Patrick J. Wright (dp) (Entered: 04/30/1998)

MOTION by movant Natl Assn Adv to withdraw its petition to intervene . (Ok without brief via Judge Duggan's court clerk.) (cf) (Entered: 05/27/1998)

PROTECTIVE order by Judge Patrick J. Duggan with unopposed stipulation concerning confidentiality with exhibit. (cf) (Entered: 05/29/1998)

ORDER by Judge Patrick J. Duggan allowing the withdrawal of the petition to intervene by H. Wallace Parker [18−1] for the Oakland County Branch of the NAACP (LS) (Entered: 06/01/1998)

MOTION by intervening defendants for oral argument on motion to intervene [12−1] with brief, attachment and proof of mailing (dp) (Entered: 06/08/1998)

MEMORANDUM opinion and order by Judge Patrick J. Duggan denying motion to intervene by intervening defen [12−1] (dp) (Entered: 07/08/1998)

LETTER by Judge Patrick J. Duggan to parties stating that the proposed intervenors may participate in this action amicus curiae; the proposed intervenors must notify court if they wish to participate as such (dp) (Entered: 07/08/1998)

NOTICE by plaintiffs of taking deposition of Theodore Spencer on 6/3/98 and Dianne Gauss on 6/4/98 with proof of mailing (lg) (Entered: 07/16/1998)

NOTICE by David F. Herr, attorney for plaintiffs Patrick Humacher and Jennifer Gratz of change of address to 3300 Norwest Center, 90 South Seventh Street, Minneapolis, MN 55402−4140. (cf) (Entered: 07/20/1998)

NOTICE by plaintiffs Patrick Humacher and Jennifer Gratz of taking deposition of James VanHecke 7/22/98 at 9:00 a.m. with proof of mailing. (cf) (Entered:

NOTICE by the Court of hearing on motion for reconsideration of order [24−1] by intervening defen [29−1] (RH) (Entered: 08/04/1998)

LETTER to Mr. Dillard from the court regarding extension of time for notification of proposed intervenors with respect to participation as amicus curiae (RH) (Entered: 08/04/1998)

LETTER from Godfrey J. Dillard, attorney for proposed intervenors, to Judge Duggan, regarding the court's 7/7/98 order denying the motion to intervene of proposed intervenors Ebony Patterson, et al, etc.. (cf) (Entered: 08/06/1998)

REPLY by defendants in support of defendants motion for reassignment or alternatively for designating actions as companion cases with proof of mailing (LS) (Entered: 03/30/2001)

LETTER from Kirk O. Kolbo, attorney for plaintiffs Patrick Humacher and Jennifer Gratz, to Judge Duggan, stating that a formal legal memorandum, will not be filed, in response to the proposed intervenors' motion for reconsideration filed on July 21, l998, etc. and with attachments. (cf) Modified on 08/06/1998 (Entered: 08/06/1998)

SUPPLEMENTAL memorandum by intervening defendants in support of motion for reconsideration of order [24−1] by intervening defen [29−1] with attachments A−D and proof of mailing (dp) (Entered: 08/17/1998)

MOTION by Univ MI, James T. Duderstadt, Lee Bollinger for order denying class certification with brief, exhibits and proof of mailing (LS) (Entered: 09/15/1998)

NOTICE by plaintiffs of taking deposition of Robert Seltzer on 9/22/98 with proof of mailing (lg) (Entered: 09/17/1998)

NOTICE by plaintiffs of taking deposition of Marilyn McKinney on 10/1/98 at 9:00 am with proof of mailing (lg) (Entered: 09/25/1998)

NOTICE by plaintiff of taking deposition of Marilyn Knepp on 10/2/98 at 9:00 am (lg) (Entered: 09/25/1998)

NOTICE by plaintiff of taking deposition of Lester Monts on 10/8/98 at 9:00 am with proof of mailing (lg) (Entered: 09/25/1998)

WITNESS list by plaintiffs Patrick Humacher and Jennifer Gratz (dp) (Entered: 10/02/1998)

PRELIMINARY WITNESS list by defendants with proof of mailing (lg) (Entered: 10/06/1998)

PROOF of mailing of plaintiffs' witness list (lg) (Entered: 10/06/1998)

LETTER by plaintiffs re: extension of time to file defendant's response to motion for an order denying class certification (lg) Modified on 05/27/1999 (Entered: 10/09/1998)

MOTION by plaintiffs for class certification , and for bifurcation of liability and damages trials with attachments A−F (LS) (Entered: 10/14/1998)

MOTION and order by Judge Patrick J. Duggan, allowing the filing of a brief in excess of 20 pages in support of motion to certify the class (LS) (Entered: 10/14/1998)

PROOF of mailing by plaintiffs of pleadings 44 and the exparte motion to file a brief in excess of 20 pages (LS) (Entered: 10/14/1998)

OPINION and order by Judge Patrick J. Duggan denying motion for reconsideration of order [24−1] by intervening defen [29−1] with proof of mailing. (cf) (Entered: 10/30/1998)

REPLY by defendants to response to motion for order denying class certification [36−1] with exhibits A−E and proof of mailing (dh) Modified on 05/27/1999 (Entered: 11/05/1998)

RESPONSE by defendants to motion for class certification [45−1] and for bifurcation of liability and damages trials [45−2] with exhibits A−E and proof of mailing (dh) Modified on 05/27/1999 (Entered: 11/05/1998)

PROOF of mailing of notice of appeal to USCA, Godfrey Dillard, Leonard Niehoff, Kerry Morgan and David Herr (do) (Entered: 11/04/1998)

CERTIFIED copy of appeal notice by intervening defendants [49−1] and docket transmitted to USCA (do) Modified on 05/27/1999 (Entered: 11/04/1998)

NOTICE of hearing on motion for class certification [45−1] and motion for order denying class certification [36−1] set for 2:00 12/10/98 with proof of mailing (nh) Modified on 05/27/1999 (Entered: 11/18/1998)

PRETRIAL scheduling order by Judge Patrick J. Duggan − deadline for witness list set for 12/15/98 , deadline for discovery set for 2/15/99 , deadline for filing motions for 3/1/99 , final pretrial conference set for 2:30 4/13/99 , civil jury trial set for 5/99 with proof of mailing (nh) (Entered: 11/18/1998)

NOTICE of deadline for reply to response to motion for class certification [45−1] and for bifurcation of liability and damages trials [45−2] set for 11/18/98 (kg) Modified on 05/27/1999 (Entered: 11/19/1998)

REPLY by plaintiffs Patrick Humacher and Jennifer Gratz to response to motion for class certification [45−1], motion for bifurcation of liability and damages trials by Jennifer Gratz, Patrick Humacher [45−2] with attachments (kg) (Entered: 11/19/1998)

ACKNOWLEDGEMENT from USCA of receipt of appeal &docket [51−1] − appeal case # 98−2248 (LS) (Entered: 11/24/1998)

PROOF of mailing by plaintiffs of ex parte motion to file a brief in excess of 5 pages, reply memorandum and proposed order (LS) (Entered: 11/24/1998)

MOTION hearing held on motion for class certification [45−1] and for bifurcation of liability and damages trials [45−2] and motion for order denying class certification [36−1] − disposition: taken under advisement − Judge Patrick J. Duggan − Court Reporter: Marie Metcalf (mo) Modified on 05/27/1999 (Entered: 12/10/1998)

NOTICE by plaintiffs Patrick Humacher and Jennifer Gratz of taking deposition of James J. Duderstadt 12/16/98 at 9:00 a.m. with proof of mailing. (cf) (Entered: 12/11/1998)

WITNESS list by plaintiffs Patrick Humacher and Jennifer Gratz with proof of mailing. (cf) (Entered: 12/17/1998)

NOTICE (amended) by plaintiffs' Patrick Humacher and Jennifer Gratz of taking deposition of James J. Duderstadt 1/8/99 at 9:00 a.m. with proof of mailing. (cf) (Entered: 12/17/1998)

ORDER by Judge Patrick J. Duggan granting motion for class certification [45−1] and for bifurcation of liability and damages trials [45−2] and denying motion for order denying class certification [36−1] (lg) Modified on 05/27/1999 (Entered: 12/28/1998)

MEMORANDUM opinion and order by Judge Patrick J. Duggan, regarding plaintiffs' motion for class certification and bifurcation of liability and damaged trials and defendants' motion for order denying class certification (lg) (Entered: 12/30/1998)

NOTICE by plaintiffs' Patrick Humacher, and Jennifer Gratz of taking deposition of Claude M. Steele on 1/28/99 at 9:00 with affidavit of service (nh) (Entered: 01/26/1999)

REBUTTAL witness list by plaintiffs with proof of mailing (cm) (Entered: 01/29/1999)

RECORD consisting of: 2 volumes of pleadings transmitted to USCA − appeal case # 98−2248. (UPS #1Z 467 088 03 1205 092 2) (Note: This file actually went out via UPS on 2/2/99.) (cf) (Entered: 02/02/1999)

NOTICE by plaintiffs of taking deposition of Patricia Y. Gurin at 9:00 on 2/12/99 with proof of mailing (kg) (Entered: 02/02/1999)

NOTICE by plaintiffs of taking deposition of Lee Bollinger at 9:00 on 2/9/99 with proof of mailing (kg) (Entered: 02/02/1999)

PRETRIAL scheduling order (amended) by Judge Patrick J. Duggan − setting deadline for discovery for 3/12/99 , setting deadline for filing motions for 5/3/99 , setting final pretrial conference for 2:00 7/28/99 , setting civil jury trial for 9/1/99 (September/October, 1999) . (cf) (Entered: 02/11/1999)

STATUS conference held(plaintiff's counsel by telephone) − Judge Patrick J. Duggan (mo) (Entered: 02/10/1999)

LETTER from Jane C. Sherburne, attorney, on behalf of the defendants', to Judge Duggan requesting a status conference. (cf) (Entered: 02/12/1999)

NOTICE by plaintiffs Patrick Humacher and Jennifer Gratz of taking deposition of Nancy Cantor set for 02/17/99 at 9:00 with proof of mailing (dp) (Entered: 02/17/1999)

ACKNOWLEDGEMENT from USCA of receipt of appeal record [67−1] − appeal case # 98−2248 (dh) (Entered: 02/23/1999)

NOTICE by plaintiffs of taking deposition of Stephen W. Raudenbush on 3/9/99 at 9:00 am with affidavit (lg) (Entered: 03/05/1999)

NOTICE by plaintiffs of taking depositions set for 03/11/99 at 9:00 a.m. (see notice for individuals to be deposed); with proof of mailing (dp) (Entered: 03/16/1999)

ORDER by Judge Patrick J. Duggan, with consent motion, providing that the proper defendants be named and with proof of mailing. (Note: "Board of Regents" added as party text to defendant University of Michigan and terminating defendant, The University of Michigan College of Literature, Arts and Science.) (cf) Modified on 04/05/1999 (Entered: 04/05/1999)

MOTION by plaintiffs Patrick Humacher and Jennifer Gratz for partial summary judgment on liability with brief (dp) (Entered: 04/12/1999)

AFFIDAVIT and exhibits filed by plaintiffs Patrick Humacher and Jennifer Gratz in support of motion for partial summary judgment on liability (document 77); volume I (dp) Modified on 04/12/1999 (Entered: 04/12/1999)

AFFIDAVIT and exhibits filed by plaintiffs Patrick Humacher and Jennifer Gratz in support of motion for partial summary judgment (document 77); volume II (dp) (Entered: 04/12/1999)

MOTION by defendant's for summary judgment (cm) (Entered: 05/04/1999)

RESPONSE by defendants to motion for partial summary judgment on liability [77−1] with cross−motion for summary judgment, brief and proof of mailing (cm) Modified on 05/27/1999 (Entered: 05/04/1999)

APPENDIX by defendants in support of opposition to plaintiffs' motion for partial summary judgment, and memorandum in support of defendants' cross−motion for summary judgment by Lee Bollinger, James T. Duderstadt, Univ MI, Univ MI College Lit [80−1] Volume 2: Deposition Excerpts (cm) (Entered: 05/04/1999)

APPENDIX by defendants in support of opposition to plaintiffs' motion for partial summary judgment, and motion for summary judgment by Lee Bollinger, James T. Duderstadt, Univ MI, Univ MI College Lit [80−1] Volume 3: Expert Witness Reports (cm) (Entered: 05/04/1999)

MOTION by USA for leave to file brief amicus curiae in excess of 20 pages with brief (LS) Modified on 05/05/1999 (Entered: 05/04/1999)

MOTION by plaintiff to compel production of certain application files with brief, exhibits A−C (LS) (Entered: 05/04/1999)

MOTION by Association of American Law Schools, National Association of State Universities and Land Grant Colleges, Committee on Institutional Cooperative, Wayne State University for leave to file brief Amici Curiae in support of defendants with brief, attachments A−E and proof of mailing (LS) Modified on 05/05/1999 (Entered: 05/05/1999)

MOTION by Amer Cnsl Ed −et al for leave to file a brief as Amici Curiae and to file a brief in excess of twenty pages (LS) (Entered: 05/05/1999)

PROOF of mailing of motion to compel [86−1] (cf) Modified on 05/27/1999 (Entered: 05/10/1999)

NOTICE of hearing on motion to compel production of certain application files by Jennifer Gratz, Patrick Humacher [86−1] for 2:00 6/3/99 with proof of mailing (LS) Modified on 05/27/1999 (Entered: 05/18/1999)

BRIEF by defendants in opposition to motion to compel production of certain application files by Jennifer Gratz and Patrick Humacher [86−1] with exhibits A−F and proof of mailing (dp) (Entered: 05/21/1999)

ORDER by Judge Patrick J. Duggan granting motion for leave to file a brief as Amici Curiae by Amer Cnsl Ed [88−1], granting motion to file a brief in excess of twenty pages by Amer Cnsl Ed [88−2], granting motion for leave to file brief amicus curiae in excess of 20 pages by USA [85−1], granting motion for leave to file brief Amici Curiae by Wayne St Univ, Comm Inst Coop, Natl Assoc St Univ, Assoc Amer Law [87−1], setting response to these amicus briefs for 6/14/99 with proof of mailing (dh) (Entered: 05/27/1999)

MEMORANDUM of the State of Ohio as amicus curiae in support of motion for summary judgment [80−1] with proof of mailing (dh) (Entered: 05/27/1999)

MEMORANDUM of the United States as amicus curiae in support of motion for summary judgment [80−1] with proof of mailing (dh) (Entered: 05/27/1999)

MEMORANDUM of amici curiae American Council on Education, et al, in support of motion for summary judgment [80−1] with proof of mailing (dh) (Entered: 05/27/1999)

ORDER by Judge Patrick J. Duggan, setting deadline for response to motion for summary judgment by defendant's [80−1] for 6/14/99, and motion for partial summary judgment on liability by plaintiff's [77−1] for 6/14/99 , setting hearing on motion for summary judgment by defendants [80−1] for 10:00 6/29/99, and motion for partial summary judgment on liability by plaintiffs [77−1] for 10:00 6/29/99 with proof of mailing (nh) (Entered: 05/28/1999)

MEMORANDUM by plaintiffs in opposition to motion for summary judgment by Lee Bollinger, James T. Duderstadt, Univ MI, Univ MI College Lit [80−1] (dh) (Entered: 06/02/1999)