Case: Gratz v. Bollinger

2:97-cv-75231 | U.S. District Court for the Eastern District of Michigan

Filed Date: Oct. 14, 1997

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On Oct. 14, 1997, two applicants who had been denied admission to the University of Michigan at Ann Arbor brought this class action in the U.S. District Court for the Eastern District of Michigan under 42 U.S.C. § 1983 against the university. The plaintiffs, represented by public interest counsel, claimed that the university's admissions policy treated race as a predominant factor in granting admission, and that they, as white applicants, had been discriminated against in violation of the Equal…

On Oct. 14, 1997, two applicants who had been denied admission to the University of Michigan at Ann Arbor brought this class action in the U.S. District Court for the Eastern District of Michigan under 42 U.S.C. § 1983 against the university. The plaintiffs, represented by public interest counsel, claimed that the university's admissions policy treated race as a predominant factor in granting admission, and that they, as white applicants, had been discriminated against in violation of the Equal Protection Clause of the 14th Amendment.

On Dec. 23, 1998, the court (Judge Patrick J. Duggan) certified the class comprising "[t]hose individuals who applied for and were not granted admission to the College of Literature, Science & the Arts of the University of Michigan for all academic years from 1995 forward and who are members of those racial or ethnic groups, including Caucasian, that defendants treat less favorably on the basis of race in considering their application for admission."

On Dec. 13, 2000, Judge Duggan granted plaintiffs' motion for summary judgment with respect to the university's admissions policy during the years 1995-1998---during which time a specific number of admissions were reserved for minority applicants---and declared those policies unconstitutional. But the court also granted defendants' motion for summary judgment with regard to the admissions programs for the years 1999-2000---during which time applicants were graded on a 150-point scale, and underrepresented minorities automatically received 20 points based on their membership to one of the identified minority categories.

Judge Duggan determined that "the educational benefits flowing from a racially and ethnically diverse student body are a sufficiently compelling interest to survive strict scrutiny," and the point system in place at the time of the decision was narrowly tailored to achieve that purpose, though the policies in place from '95-'98 were not. The court denied the plaintiffs' request for injunctive relief, and granted defendants' motion for summary judgment on grounds of qualified immunity.

The Dec. 13, 2000, Order and Opinion limited itself to the question of whether the university's admissions policies passed constitutional muster as narrowly tailored means of achieving diversity. In a Feb. 26, 2001 opinion, Judge Duggan ruled on whether the policies passed constitutional muster as a narrowly tailored means of remedying past and current discrimination by the university. 135 F. Supp. 2d 790. The court determined that the school's policies could not be justified as measures to remedy either the current effects of past discrimination, or the discriminatory impact of the university's other admissions criteria, and so denied the defendant's motion for summary judgment .

Both parties appealed the court's decision, and the U.S. Court of Appeals for the 6th Circuit heard the case en banc on the same day as Grutter v. Bollinger (see SD-MI-0002 in the Clearinghouse). The 6th Circuit later issued an opinion in Grutter which upheld the University of Michigan Law School's admissions policy. The petitioner in that case also sought a writ of certiorari for this case, even though the Court of Appeals had not yet rendered a judgment in it, so that the Supreme Court could address the broader context of race in university admissions policies at one time. The Court granted certiorari.

On June 23, 2003, the Court (majority opinion written by Chief Justice William Rehnquist) held that the university's point system is not narrowly tailored to achieve the school's asserted interest in diversity. 539 U.S. 244. The policy violated the Equal Protection Clause of the 14th Amendment. The school's policy failed to provide for the individualized consideration of each applicant that Bakke required. Moreover, the fact that 20 points automatically accrued to underrepresented minorities turned race into a decisive factor in the admissions process.

On remand, the parties settled all remaining claims, and on Jan. 31, 2007, Judge Duggan dismissed the case with prejudice.

Summary Authors

Andrew Junker (11/13/2014)

Related Cases

Grutter v. Bollinger, Eastern District of Michigan (1997)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4742552/parties/gratz-v-bollinger/


Judge(s)

Batchelder, Alice Moore (Ohio)

Boggs, Danny Julian (Kentucky)

Breyer, Stephen Gerald (District of Columbia)

Carlson, Thomas (Michigan)

Clay, Eric L. (Michigan)

Cole, Ransey Guy Jr. (Ohio)

Daughtrey, Martha Craig (Tennessee)

Duggan, Patrick J. (Michigan)

Gilman, Ronald Lee (Tennessee)

Ginsburg, Ruth Bader (District of Columbia)

Judge(s)

Batchelder, Alice Moore (Ohio)

Boggs, Danny Julian (Kentucky)

Breyer, Stephen Gerald (District of Columbia)

Carlson, Thomas (Michigan)

Clay, Eric L. (Michigan)

Cole, Ransey Guy Jr. (Ohio)

Daughtrey, Martha Craig (Tennessee)

Duggan, Patrick J. (Michigan)

Gilman, Ronald Lee (Tennessee)

Ginsburg, Ruth Bader (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

Martin, Boyce Ficklen Jr. (Kentucky)

Moore, Karen Nelson (Ohio)

O'Connor, Sandra Day (District of Columbia)

Rehnquist, William Hubbs (District of Columbia)

Scalia, Antonin (District of Columbia)

Siler, Eugene Edward Jr. (Kentucky)

Souter, David Hackett (District of Columbia)

Stevens, John Paul (District of Columbia)

Thomas, Clarence (District of Columbia)

Attorneys(s) for Plaintiff

Bader, Hans F. (District of Columbia)

Fett, James K. (Michigan)

Herr, David F. (Minnesota)

Kolbo, Kirk O. (Minnesota)

Lenhoff, Glen L. (Michigan)

McDonald, Michael P. (District of Columbia)

Morgan, Kerry L. (Michigan)

Rosman, Michael E. (District of Columbia)

Wright, Patrick J. (Michigan)

Attorneys(s) for Defendant

Kessler, Philip J. (Michigan)

Niehoff, Leonard M. (Michigan)

Payton, John A. (District of Columbia)

Pickering, John H. (District of Columbia)

Sherburne, Jane (District of Columbia)

Taylor, Christopher M. (Michigan)

Other Attorney(s)

Botsford, Jon D. (Michigan)

Clagett, Brice M. (District of Columbia)

Dillard, Godfrey J. (Michigan)

Garibaldi, Oscar M. (District of Columbia)

Geller, Kenneth S. (District of Columbia)

Hamilton, Dwight K. (Michigan)

Henry, Milton R. (Michigan)

Johnson, Olatunde C.A. (New York)

Leffler, Susan I. (Michigan)

Maynard, Deanne (District of Columbia)

Mehrberg, Randall E. (Illinois)

Noreika, Keith A (District of Columbia)

Parker, H. Wallace (Michigan)

Satoskar, Shilpa S. (District of Columbia)

Shaw, Theodore M. (New York)

Silver, Jeffrey S. (Illinois)

Turner, Reginald M. Jr. (Michigan)

Wilhelm, Richard A. (Michigan)

Documents in the Clearinghouse

Document

2:97-cv-75231

CIVIL DOCKET FOR CASE #: 2:97−cv−75231−PJD

Jan. 31, 2007

Jan. 31, 2007

Docket
1

2:97-cv-75231

Complaint

Oct. 14, 1997

Oct. 14, 1997

Complaint
24

2:97-cv-75231

Opinion

183 F.R.D. 209

July 7, 1998

July 7, 1998

Order/Opinion
48

2:97-cv-75231

Opinion and Order Denying Proposed Intervenors' Motion for Reconsideration

Oct. 27, 1998

Oct. 27, 1998

Order/Opinion
62

2:97-cv-75231

Order

Dec. 23, 1998

Dec. 23, 1998

Order/Opinion

98-02248

Opinion

Grutter v. Bollinger

U. S. Court of Appeals for the Sixth Circuit

188 F.3d 394

Aug. 10, 1999

Aug. 10, 1999

Order/Opinion
144

2:97-cv-75231

Opinion and Order Denying Defendants' Motion of Relief from Order

May 2, 2000

May 2, 2000

Order/Opinion
206

2:97-cv-75231

Opinion

122 F.Supp.2d 811

Dec. 13, 2000

Dec. 13, 2000

Order/Opinion
210

2:97-cv-75231

Opinion

135 F.Supp.2d 790

Feb. 26, 2001

Feb. 26, 2001

Order/Opinion

01-01333

Order

U. S. Court of Appeals for the Sixth Circuit

277 F.3d 803

Oct. 19, 2001

Oct. 19, 2001

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4742552/gratz-v-bollinger/

Last updated Aug. 2, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
279

ORDER granting 269 Motion to Stay, granting 278 Motion for Leave to File- Signed by Honorable Patrick J Duggan. (MOre, )

May 9, 2005

May 9, 2005

RECAP
1

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

Oct. 14, 1997

Oct. 14, 1997

4

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)

Oct. 21, 1997

Oct. 21, 1997

282

OPINION Regarding Standing, Standard and Burden of Proof Signed by Honorable Patrick J Duggan. (MOre, )

Aug. 5, 2005

Aug. 5, 2005

RECAP
2

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

Oct. 22, 1997

Oct. 22, 1997

3

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

Oct. 22, 1997

Oct. 22, 1997

5

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

Nov. 14, 1997

Nov. 14, 1997

6

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)

Dec. 3, 1997

Dec. 3, 1997

6

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

Dec. 3, 1997

Dec. 3, 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)

Dec. 5, 1997

Dec. 5, 1997

7

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

Dec. 5, 1997

Dec. 5, 1997

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

Dec. 16, 1997

Dec. 16, 1997

8

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

Dec. 22, 1997

Dec. 22, 1997

9

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

Jan. 8, 1998

Jan. 8, 1998

10

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

Feb. 5, 1998

Feb. 5, 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)

Feb. 5, 1998

Feb. 5, 1998

12

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)

Feb. 11, 1998

Feb. 11, 1998

13

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

Feb. 24, 1998

Feb. 24, 1998

14

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

Feb. 24, 1998

Feb. 24, 1998

15

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

Feb. 24, 1998

Feb. 24, 1998

16

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

March 4, 1998

March 4, 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)

March 12, 1998

March 12, 1998

17

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

March 12, 1998

March 12, 1998

18

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

April 24, 1998

April 24, 1998

19

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

April 29, 1998

April 29, 1998

20

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)

May 26, 1998

May 26, 1998

21

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

May 28, 1998

May 28, 1998

22

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)

May 29, 1998

May 29, 1998

23

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)

June 5, 1998

June 5, 1998

24

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

July 7, 1998

July 7, 1998

25

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)

July 7, 1998

July 7, 1998

26

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)

July 13, 1998

July 13, 1998

27

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)

July 15, 1998

July 15, 1998

28

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:

July 20, 1998

July 20, 1998

30

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

July 24, 1998

July 24, 1998

31

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)

July 27, 1998

July 27, 1998

33

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)

July 27, 1998

July 27, 1998

35

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)

July 29, 1998

July 29, 1998

32

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)

Aug. 6, 1998

Aug. 6, 1998

34

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)

Aug. 14, 1998

Aug. 14, 1998

36

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)

Sept. 14, 1998

Sept. 14, 1998

37

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

Sept. 16, 1998

Sept. 16, 1998

38

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)

Sept. 24, 1998

Sept. 24, 1998

39

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

Sept. 24, 1998

Sept. 24, 1998

40

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)

Sept. 24, 1998

Sept. 24, 1998

41

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

Oct. 1, 1998

Oct. 1, 1998

42

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

Oct. 2, 1998

Oct. 2, 1998

43

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

Oct. 5, 1998

Oct. 5, 1998

44

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)

Oct. 8, 1998

Oct. 8, 1998

45

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

Oct. 13, 1998

Oct. 13, 1998

46

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)

Oct. 13, 1998

Oct. 13, 1998

47

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)

Oct. 13, 1998

Oct. 13, 1998

48

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)

Oct. 27, 1998

Oct. 27, 1998

52

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)

Nov. 2, 1998

Nov. 2, 1998

52

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)

Nov. 2, 1998

Nov. 2, 1998

50

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

Nov. 4, 1998

Nov. 4, 1998

51

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)

Nov. 4, 1998

Nov. 4, 1998

53

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)

Nov. 16, 1998

Nov. 16, 1998

54

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)

Nov. 16, 1998

Nov. 16, 1998

55

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)

Nov. 17, 1998

Nov. 17, 1998

56

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)

Nov. 18, 1998

Nov. 18, 1998

57

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

Nov. 20, 1998

Nov. 20, 1998

58

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)

Nov. 23, 1998

Nov. 23, 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)

Dec. 10, 1998

Dec. 10, 1998

59

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)

Dec. 11, 1998

Dec. 11, 1998

60

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

Dec. 16, 1998

Dec. 16, 1998

61

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)

Dec. 17, 1998

Dec. 17, 1998

62

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)

Dec. 23, 1998

Dec. 23, 1998

63

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)

Dec. 23, 1998

Dec. 23, 1998

65

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)

Jan. 25, 1999

Jan. 25, 1999

66

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

Jan. 28, 1999

Jan. 28, 1999

67

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)

Feb. 1, 1999

Feb. 1, 1999

68

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)

Feb. 1, 1999

Feb. 1, 1999

69

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)

Feb. 1, 1999

Feb. 1, 1999

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

Feb. 10, 1999

Feb. 10, 1999

70

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)

Feb. 10, 1999

Feb. 10, 1999

71

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

Feb. 11, 1999

Feb. 11, 1999

72

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)

Feb. 16, 1999

Feb. 16, 1999

73

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

Feb. 19, 1999

Feb. 19, 1999

74

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)

March 4, 1999

March 4, 1999

75

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)

March 15, 1999

March 15, 1999

76

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)

April 1, 1999

April 1, 1999

77

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

April 9, 1999

April 9, 1999

78

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)

April 9, 1999

April 9, 1999

79

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)

April 9, 1999

April 9, 1999

80

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

May 3, 1999

May 3, 1999

81

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)

May 3, 1999

May 3, 1999

83

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)

May 3, 1999

May 3, 1999

84

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)

May 3, 1999

May 3, 1999

85

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)

May 3, 1999

May 3, 1999

86

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

May 3, 1999

May 3, 1999

87

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)

May 3, 1999

May 3, 1999

88

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)

May 3, 1999

May 3, 1999

89

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

May 7, 1999

May 7, 1999

90

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)

May 17, 1999

May 17, 1999

91

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)

May 20, 1999

May 20, 1999

92

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)

May 27, 1999

May 27, 1999

93

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)

May 27, 1999

May 27, 1999

94

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)

May 27, 1999

May 27, 1999

95

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)

May 27, 1999

May 27, 1999

Case Details

State / Territory: Michigan

Case Type(s):

School Desegregation

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 14, 1997

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Applicants to University of Michigan who had been denied admission

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

University of Michigan, State

Defendant Type(s):

Jurisdiction-wide

College/University

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Content of Injunction:

Develop anti-discrimination policy

Issues

General:

Disparate Treatment

Education

School/University policies

Discrimination-basis:

Race discrimination

Race:

Black

White

Type of Facility:

Government-run