Case: Brust v. Regents of the University of California

2:07-cv-01488 | U.S. District Court for the Eastern District of California

Filed Date: July 24, 2007

Closed Date: Oct. 20, 2009

Clearinghouse coding complete

Case Summary

On July 24, 2007, three female student-athletes at the University of California, Davis (UC Davis) filed this class-action lawsuit in the United States District Court for the Eastern District of California. The plaintiffs sued under Title IX of the Educational Amendments Act of 1972, 42 U.S.C. § 1983, and state law. The plaintiffs were represented by Equity Legal, Equal Rights Advocates, and private counsel. They sought declaratory, injunctive, and monetary relief, claiming that UC Davis engaged…

On July 24, 2007, three female student-athletes at the University of California, Davis (UC Davis) filed this class-action lawsuit in the United States District Court for the Eastern District of California. The plaintiffs sued under Title IX of the Educational Amendments Act of 1972, 42 U.S.C. § 1983, and state law. The plaintiffs were represented by Equity Legal, Equal Rights Advocates, and private counsel. They sought declaratory, injunctive, and monetary relief, claiming that UC Davis engaged in sex discrimination and thus deprived female athletes of an equal opportunity to participate in varsity athletics.

Specifically, the plaintiffs claimed that the University employed a discriminatory process for establishing and maintaining varsity teams. During the 2005-2006 academic year, for example, females constituted 56% of the population of UC Davis, but only 50% of participants in varsity sports were female.

In late December 2007, Judge Frank C. Damrell, Jr. denied the defendant's motion to dismiss for everything, although it did grant the motion as it related to claims that the plaintiff brought under state law. 2007 WL 4365521.

The plaintiffs moved for, and were granted class status defined as "all present, prospective, and future women students at the University of California at Davis who seek to participate in and/or who are deterred from participating in intercollegiate athletics at UCD." 2008 WL 11512299.

On December 12, 2007, Judge Frank C. Damrell, Jr., dismissed the 42 U.S.C. § 1983 and state law claims, leaving only the Title IX claim to be litigated. After two rounds of mediation, the parties decided they would settle this final claim.

On October 19, 2009, the Court approved a Settlement Agreement in which the University agreed to (1) form and fund a women's field hockey team set to start competition in 2009, (2) pay $110,000 to a non-profit organization aimed at the development of female athletes in the UC Davis club sports program, (3) report on and decrease the disparity between the percentage of women enrolled at UC Davis and the percentage of women participating in varsity sports, (4) pay each of the three class representatives $8,000 in damages, and (5) pay $460,000 in attorneys' fees and costs. The settlement agreement was to remain in effect through the 2019-2020 academic year.

On October 20, 2009, the Court granted the joint motion for final approval of settlement and signed the stipulated judgment and order. 2009 WL 8634478.

As of July 2020, there was nothing further on the docket; if there were any enforcement issues, they did not make their way into court.

Summary Authors

Joshua Arocho (7/18/2012)

Lisa Koo (7/13/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4159154/parties/brust-v-regents-of-the-university-of-california/


Judge(s)

Brennan, Edmund F. (California)

Damrell, Frank C. Jr. (California)

Attorneys(s) for Plaintiff

Farrell, Noreen Ann (California)

Galles, Kristen Marie (Virginia)

Huston, Whitney Bryn (California)

Olivier, Monique (California)

Attorneys(s) for Defendant

Acero, George A. (California)

Brown, Brooke Ashley (California)

Burkett, David Pontus Eugene (California)

Joseph, Lawrence J (District of Columbia)

Judge(s)

Brennan, Edmund F. (California)

Damrell, Frank C. Jr. (California)

Attorneys(s) for Plaintiff

Farrell, Noreen Ann (California)

Galles, Kristen Marie (Virginia)

Huston, Whitney Bryn (California)

Olivier, Monique (California)

Attorneys(s) for Defendant

Acero, George A. (California)

Brown, Brooke Ashley (California)

Burkett, David Pontus Eugene (California)

Joseph, Lawrence J (District of Columbia)

Kuzucuoglu, Ayse (California)

Pott, Michael William (California)

Sheehan, Nancy Joan (California)

Documents in the Clearinghouse

Document

2:07-cv-01488

Docket [PACER]

Oct. 20, 2009

Oct. 20, 2009

Docket
1

2:07-cv-01488

Class Action Complaint With Jury Demand

July 24, 2007

July 24, 2007

Complaint
35

2:07-cv-01488

Memorandum and Order

2007 WL 4365521

Dec. 12, 2007

Dec. 12, 2007

Order/Opinion
52

2:07-cv-01488

Notice of Plaintiffs' Motion and Motion for Class Certification

Oct. 3, 2008

Oct. 3, 2008

Pleading / Motion / Brief
86

2:07-cv-01488

Memorandum and Order

Oct. 23, 2008

Oct. 23, 2008

Order/Opinion
97

2:07-cv-01488

Joint Notice of Settlement and Proposed Order re Briefing Schedule for Preliminary Approval

June 22, 2009

June 22, 2009

Notice Letter
106

2:07-cv-01488

Order and Proposed Settlement Agreement

Aug. 11, 2009

Aug. 11, 2009

Order/Opinion
121

2:07-cv-01488

Stipulated Judgment and Order

Oct. 19, 2009

Oct. 19, 2009

Order/Opinion
120

2:07-cv-01488

Order Granting Joint Motion for Approval of Settlement, Entry of Stipulated Judgment and Award of Attorneys' Fees and Costs

2009 WL 8634478

Oct. 19, 2009

Oct. 19, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4159154/brust-v-regents-of-the-university-of-california/

Last updated Aug. 12, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand against all Defendants by Kelsey Brust, Jessica Bulala, Laura Ludwig. Attorney Olivier, Monique added.(Olivier, Monique) Modified on 7/24/2007 (Engbretson, K.). (Entered: 07/24/2007)

July 24, 2007

July 24, 2007

PACER
2

CIVIL COVER SHEET by Kelsey Brust, Jessica Bulala, Laura Ludwig (Olivier, Monique) (Entered: 07/24/2007)

July 24, 2007

July 24, 2007

PACER
3

NOTICE of RELATED CASE S-03-CV-2591 by Kelsey Brust, Jessica Bulala, Laura Ludwig. (Olivier, Monique) (Entered: 07/24/2007)

July 24, 2007

July 24, 2007

PACER
5

SUMMONS ISSUED as to *Larry Vanderhoef, Greg Warzecka, Regents of the University of California* with answer to complaint due within *20* days. Attorney *Monique Olivier* *The Sturdevant Law Firm* *475 Sansome Street, Suite 1750* *San Francisco, CA 94111*. (Engbretson, K.) (Entered: 07/24/2007)

July 24, 2007

July 24, 2007

PACER
6

CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Forms # 2 VDRP Forms) (Engbretson, K.) (Entered: 07/24/2007)

1 Consent Forms

View on PACER

2 VDRP Forms

View on PACER

July 24, 2007

July 24, 2007

PACER
7

RELATED CASE ORDER signed by Judge Frank C. Damrell Jr. on 7/25/07. The Action denominated 2:07-cv-1488 FCD KJM shall be reassigned to Magistrate Judge Edmund F. Brennan for all further proceedings. The Caption on documents filed in the reassigned case shall be shown as 2:07-cv-1488 FCD EFB. The Clerk is directed to make appropriate adjustment in the assignment of civi/criminal cases to compensate for this reassignment.(Mena-Sanchez, L) (Entered: 07/25/2007)

July 25, 2007

July 25, 2007

PACER
8

CERTIFICATE of SERVICE by Kelsey Brust, Jessica Bulala, Laura Ludwig. Proof of Service of Summons on Defendant Regents of The University of California (Olivier, Monique) (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

PACER
9

WAIVER of SERVICE RETURNED EXECUTED by Kelsey Brust, Jessica Bulala, Laura Ludwig. Larry Vanderhoef waiver sent on 7/27/2007, answer due 9/25/2007. (Olivier, Monique) (Entered: 08/09/2007)

Aug. 9, 2007

Aug. 9, 2007

PACER
10

WAIVER of SERVICE RETURNED EXECUTED by Kelsey Brust, Jessica Bulala, Laura Ludwig. Greg Warzecka waiver sent on 7/27/2007, answer due 9/25/2007. (Olivier, Monique) (Entered: 08/09/2007)

Aug. 9, 2007

Aug. 9, 2007

PACER
11

STIPULATION and PROPOSED ORDER Stipulation to Extend Time to File Responsive Pleading and to File Joint Status Report, Including F.R.C.P. 26(f) Discovery Plan by Larry Vanderhoef, Greg Warzecka, Regents of the University of California. Attorney Acero, George A. added. (Acero, George) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

PACER
12

PROPOSED ORDER [Proposed] Order for Stipulation to Extend Time to File Responsive Pleading and to File Joint Status Report, Including F.R.C.P. 26(f) Discovery Plan by Larry Vanderhoef, Greg Warzecka, Regents of the University of California. (Acero, George) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

PACER
13

ORDER signed by Judge Frank C. Damrell Jr. on 9/21/07. Defendants must file a responsive pleading on or before 10/26/07. The parties shall file a joint status report on or before 11/16/07.(Price, M) (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

RECAP
14

EX PARTE APPLICATION to Extend Page Limit to Defendants' Rule 12(b)(6) Motion by Larry Vanderhoef, Greg Warzecka, Regents of the University of California for Extension of Page Limit to Defendants' Rule 12(b)(6) Motion. (Acero, George) (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

PACER
15

PROPOSED ORDER to Extend Page Limit to Defendants' 12(b)(6) Motion by Larry Vanderhoef, Greg Warzecka, Regents of the University of California. (Acero, George) (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

PACER
16

ORDER regarding 14 EX PARTE APPLICATION signed by Judge Frank C. Damrell Jr. on 10/18/07 ORDERING that Defendants REGENTS OF THE UNIVERSITY OF CALIFORNIA, LARRY VANDERHOEF, and GREG WARZECKA shall be permitted to file their Rule 12(b)(b) Motion in excess of 20 pages, but not to exceed 24 pages.(Dillon, M) Modified on 10/19/2007 (Dillon, M). (Entered: 10/19/2007)

Oct. 19, 2007

Oct. 19, 2007

RECAP
17

EX PARTE APPLICATION for an Extension to Page Limits for Plaintiff's Opposition to Defendants' Rule 12(b)(6) Motion by Kelsey Brust, Jessica Bulala, Laura Ludwig . (Olivier, Monique) Modified on 10/22/2007 (Waggoner, D). (Entered: 10/19/2007)

Oct. 19, 2007

Oct. 19, 2007

PACER
18

PROPOSED ORDER [Proposed] Order Granting Ex Parte Application for an Extension of Page Limits for Plaintiff's Opposition to Defendants' Rule 12(b)(6) Motion re 17 Ex Parte Application, by Kelsey Brust, Jessica Bulala, Laura Ludwig. (Olivier, Monique) (Entered: 10/19/2007)

Oct. 19, 2007

Oct. 19, 2007

PACER
19

ORDER signed by Judge Frank C. Damrell Jr. on 10/23/07. 17 Ex Parte Application filed by Jessica Bulala, Kelsey Brust, Laura Ludwig - GRANTED. Pltfs' shall be permitted to file their Opposition to Defendants Rule 12(b)(6) Motion in excess of 20 pages, but not to exceed 24 pages.(Price, M) (Entered: 10/23/2007)

Oct. 23, 2007

Oct. 23, 2007

RECAP
20

MOTION to DISMISS pursuant to Rule 12(b)(6) by Larry Vanderhoef, Greg Warzecka, Regents of the University of California.Motion Hearing set for 12/14/2017 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Acero, George) Modified on 10/29/2007 (Yin, K). (Entered: 10/26/2007)

Oct. 26, 2007

Oct. 26, 2007

PACER
21

REQUEST for JUDICIAL NOTICE w/ Exhibits A-C by Larry Vanderhoef, Greg Warzecka, Regents of the University of California. (Acero, George) Modified on 10/29/2007 (Yin, K). (Entered: 10/26/2007)

Oct. 26, 2007

Oct. 26, 2007

PACER
22

[DISREGARD, SEE 27 EXHIBITS W/ TITLE PAGE] EXHIBITS D-L by Larry Vanderhoef, Greg Warzecka, Regents of the University of California. (Acero, George) Modified on 10/29/2007 (Yin, K). (Entered: 10/26/2007)

Oct. 26, 2007

Oct. 26, 2007

PACER
23

MEMORANDUM in SUPPORT of 20 Motion to Dismiss. (Acero, George) Modified on 10/29/2007 (Yin, K). (Entered: 10/26/2007)

Oct. 26, 2007

Oct. 26, 2007

PACER
24

DECLARATION of George A. Acero in Support of Defendants' 20 Motion to Dismiss. (Acero, George) Modified on 10/29/2007 (Yin, K). (Entered: 10/26/2007)

Oct. 26, 2007

Oct. 26, 2007

PACER
25

DECLARATION of Greg Warzecka in Support Defendants' 20 Motion to Dismiss. (Acero, George) Modified on 10/29/2007 (Yin, K). (Entered: 10/26/2007)

Oct. 26, 2007

Oct. 26, 2007

PACER
26

DECLARATION of Dennis Shimek in Support of Defendants' 20 Motion to Dismiss. (Acero, George) Modified on 10/29/2007 (Yin, K). (Entered: 10/26/2007)

Oct. 26, 2007

Oct. 26, 2007

PACER
27

EXHIBIT D-L w/ title page to Dfts' 21 Request for Judicial Notice. (Acero, George) Modified on 10/29/2007 (Yin, K). (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

PACER
28

MINUTE ORDER: from CRD M. Price for Judge Frank C. Damrell Jr. on 10/31/07. In light of the pending motion to dismiss set for hearing on 12/14/07 the portion of the order filed 9/21/07 which required a joint status report be filed by 11/16/07 is VACATED. The parties shall submit a joint status report, if necessary, within thirty (30) days after the resolution of the motion to dismiss. (TEXT ONLY) (Price, M) (Entered: 10/31/2007)

Oct. 31, 2007

Oct. 31, 2007

PACER
29

NOTICE of APPEARANCE by Kristen Marie Galles on behalf of Kelsey Brust, Jessica Bulala, Laura Ludwig. Attorney Galles, Kristen Marie added. (Galles, Kristen) (Entered: 10/31/2007)

Oct. 31, 2007

Oct. 31, 2007

PACER
30

MEMORANDUM/RESPONSE in OPPOSITION. to Defendants' Rule 12(b)(6) Motion (Olivier, Monique) (Entered: 11/30/2007)

Nov. 30, 2007

Nov. 30, 2007

PACER
31

OPPOSITION by Plaintiffs Kelsey Brust, Jessica Bulala, Laura Ludwig to 30 Memorandum/Response in Opposition to Motion. Plaintiffs' Opposition to Defendant's Request for Judicial Notice in Support of Rule 12(b)(6) Motion (Olivier, Monique) (Entered: 11/30/2007)

Nov. 30, 2007

Nov. 30, 2007

PACER
32

REPLY to RESPONSE to MOTION re 20 Motion to Dismiss. Defendants Rule 12(b)(6) Motion (Acero, George) (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

PACER
33

MINUTE ORDER: from CRD M. Price for Judge Frank C. Damrell Jr. on 12/7/07. Deft's Motion to Dismiss 20 is MOTION SUBMITTED: without oral argument. The hearing set for 12/14/07 is VACATED. The court shall issue a written order. (TEXT ONLY) (Price, M) (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

PACER
34

REPLY to RESPONSE to MOTION re 20 Motion to Dismiss. Re: Request for Judicial Notice In Support of Defendants' Rule 12(b)(6) Motion (Acero, George) (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

PACER
35

MEMORANDUM AND ORDER signed by Judge Frank C. Damrell Jr. on 12/11/07. Defts 20 motion to dismiss is GRANTED in part and DENIED in part as follows: Deft UCDs motion to dismiss pltfs claim for relief under Title IX based upon a theory of ineffective accommodation - DENIED; pltfs claim for relief under Title IX based upon a theory of unequal financial assistance - DENIED as MOOT; pltfs claims for punitive damages under Title IX - GRANTED; pltfs claims brought pursuant to 42 U.S.C. section 1983 - GRANTED and (5) as to pltfs state law claims - GRANTED. (Price, M) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

RECAP
36

ANSWER to COMPLAINT by Regents of the University of California. Attorney Sheehan, Nancy Joan added.(Sheehan, Nancy) (Entered: 12/21/2007)

Dec. 21, 2007

Dec. 21, 2007

PACER
37

DEMAND for TRIAL by JURY by Regents of the University of California. (Sheehan, Nancy) (Entered: 12/21/2007)

Dec. 21, 2007

Dec. 21, 2007

PACER
38

NOTICE of APPEARANCE by Nancy Joan Sheehan on behalf of Regents of the University of California. (Sheehan, Nancy) (Entered: 01/09/2008)

Jan. 9, 2008

Jan. 9, 2008

PACER
39

STIPULATION and PROPOSED ORDER Regarding Use of Discovery from Related Action by Regents of the University of California. (Sheehan, Nancy) (Entered: 01/09/2008)

Jan. 9, 2008

Jan. 9, 2008

PACER
40

TO BE DISREGARDED PURSUANT TO NOTICE FILED 1/9/08. JOINT STATUS REPORT by Regents of the University of California. (Sheehan, Nancy) Modified on 1/9/2008 (Price, M). (Entered: 01/09/2008)

Jan. 9, 2008

Jan. 9, 2008

PACER
41

NOTICE by Regents of the University of California. Notice of Errata (Sheehan, Nancy) (Entered: 01/09/2008)

Jan. 9, 2008

Jan. 9, 2008

PACER
42

JOINT STATUS REPORT by Regents of the University of California. (Sheehan, Nancy) (Entered: 01/09/2008)

Jan. 9, 2008

Jan. 9, 2008

PACER
43

STIPULATION and ORDER REGARDING USE OF DISCOVERY FROM RELATED ACTION signed by Judge Frank C. Damrell Jr. on 1/9/08. (Dillon, M) (Entered: 01/10/2008)

Jan. 10, 2008

Jan. 10, 2008

RECAP
44

NOTICE of CHANGE of ADDRESS by Monique Olivier. (Olivier, Monique) (Entered: 01/11/2008)

Jan. 11, 2008

Jan. 11, 2008

PACER
45

STATUS ORDER signed by Judge Frank C. Damrell, Jr on 3/19/08 ORDERING Discovery set for 1/30/2009, Designation of Expert Witnesses due by 2/27/2009, last date to hear all dispositive motions will be no later 6/26/2009, Final Pretrial Conference set for 8/28/2009 at 01:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.., Jury Trial set for 10/27/2009 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Carlos, K) (Entered: 03/19/2008)

March 19, 2008

March 19, 2008

RECAP
46

OBJECTIONS by Plaintiffs Kelsey Brust, Jessica Bulala, Laura Ludwig Joint Objection to Status (Pretrial Scheduling) Order (Olivier, Monique) Modified on 4/2/2008 (Price, M). (Entered: 04/01/2008)

April 1, 2008

April 1, 2008

PACER
47

MINUTE ORDER: from CRD M. Price for Judge Frank C. Damrell, Jr on 04/04/08. The court OVERRULES the parties 46 Objections made as to the number of depositions to be taken. Pursuant to Local Rules 72-302(c)(1) and 37-251 all discovery disputes should be brought before the assigned magistrate judge. The court shall modify the scheduling of the expert witness discovery and shall issue an amended Status (Pretrial Scheduling) Order in conjunction with this minute order. (Price, M) (Entered: 04/04/2008)

April 4, 2008

April 4, 2008

PACER
48

AMENDED SCHEDULING ORDER: signed by Judge Frank C. Damrell, Jr on 04/04/08. Designation of Expert Witnesses due by 9/2/2008, rebuttal expert designations 10/15/08 and all expert discovery closes by 2/28/09. Discovery due by 1/30/2009. Dispositive Motion to be heard no later than 6/26/2009. Final Pretrial Conference set for 8/28/2009 at 01:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Jury Trial set for 10/29/2009 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. (Price, M) (Entered: 04/04/2008)

April 4, 2008

April 4, 2008

PACER
49

MOTION to COMPEL Discovery Responses as to Plaintiffs Kelsey Brust, Jessica Bulala and Laura Ludwig by Regents of the University of California. Attorney Kuzucuoglu, Ayse added. Motion Hearing set for 8/27/2008 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. (Kuzucuoglu, Ayse) (Entered: 07/30/2008)

July 30, 2008

July 30, 2008

PACER
50

MINUTE ORDER by CRD: Due to the Court's unavailability, the hearing re:Deft's Motion to Compel Discovery Responses 49 previously set for 08/27/08 is CONTINUED to 9/17/2008 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. (Text only entry) (Cannarozzi, N) (Entered: 08/05/2008)

Aug. 5, 2008

Aug. 5, 2008

PACER
51

BRIEFING ORDER re 49 MOTION to COMPEL Discovery Responses as to Plaintiffs Kelsey Brust, Jessica Bulala and Laura Ludwig filed by Regents of the University of California. Signed by Magistrate Judge Edmund F. Brennan on 8/5/08. (Hinkle, T) (Entered: 08/05/2008)

Aug. 5, 2008

Aug. 5, 2008

RECAP
52

MOTION to CERTIFY CLASS by Kelsey Brust, Jessica Bulala, Laura Ludwig. Motion Hearing set for 10/03/2008 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell, Jr. (Farrell, Noreen) Modified on 8/15/2008 (Benson, A). (Entered: 08/14/2008)

Aug. 14, 2008

Aug. 14, 2008

PACER
53

MEMORANDUM in support of 52 Motion to Certify Class. (Farrell, Noreen) Modified on 8/15/2008 (Benson, A). (Entered: 08/14/2008)

Aug. 14, 2008

Aug. 14, 2008

PACER
54

EVIDENCE in support of 52 Motion for Class Certification by Kelsey Brust, Jessica Bulala, Laura Ludwig. (Farrell, Noreen) Modified on 8/15/2008 (Benson, A). (Entered: 08/14/2008)

Aug. 14, 2008

Aug. 14, 2008

PACER
55

EXHIBIT Volume 1 by Kelsey Brust, Jessica Bulala, Laura Ludwig in support of 52 Motion to Certify Class. (Attachments: # 1 Exhibit A - A:18, # 2 Exhibit A:19 - A:23, # 3 Exhibit A:24 - A:34)(Farrell, Noreen) Modified on 8/15/2008 (Benson, A). (Entered: 08/14/2008)

1 Exhibit A - A:18

View on PACER

2 Exhibit A:19 - A:23

View on PACER

3 Exhibit A:24 - A:34

View on PACER

Aug. 14, 2008

Aug. 14, 2008

PACER
56

EXHIBIT Volume 2 of Evidence Submitted by Plaintiffs in Support of their Motion for Class Certification by Kelsey Brust, Jessica Bulala, Laura Ludwig re 52 MOTION to CERTIFY CLASS. (Farrell, Noreen) (Entered: 08/14/2008)

Aug. 14, 2008

Aug. 14, 2008

PACER
57

APPENDIX on Non-Published Authority by Kelsey Brust, Jessica Bulala, Laura Ludwig in support of 52 Motion to Certify Class. (Farrell, Noreen) Modified on 8/15/2008 (Benson, A). (Entered: 08/14/2008)

Aug. 14, 2008

Aug. 14, 2008

PACER
58

PROPOSED ORDER re 52 Motion to Certify Class (Farrell, Noreen) Modified on 8/15/2008 (Benson, A). (Entered: 08/14/2008)

Aug. 14, 2008

Aug. 14, 2008

PACER
59

STIPULATION and PROPOSED ORDER Request to Modify Status (Pretrial) Scheduling Order by Larry Vanderhoef, Greg Warzecka, Regents of the University of California. Attorney Pott, Michael William added. (Pott, Michael) (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

PACER
60

STIPULATION and ORDER MODIFYING 48 STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Frank C. Damrell, Jr. on 08/22/08 ORDERING that Designation of Expert Witnesses is now due by 11/03/08; Disclosure of supplemental list of expert witnesses and accompanying written reports for persons who will express an opinion on a subject covered by an expert designated by an adverse party, if the party supplementing an expert witness designation has not previously retained an expert to testify on that subject due by 12/15/08. The disclosure of experts and supplemental experts will be made based in conformance with the language contained in the amended (pretrial scheduling) order. (Benson, A) (Entered: 08/25/2008)

Aug. 25, 2008

Aug. 25, 2008

RECAP
61

OPPOSITION by Larry Vanderhoef, Greg Warzecka, Regents of the University of California. Attorney Sheehan, Nancy Joan added. Memorandum of Points and Authorities in Support of Defendant's Opposition to Plaintiff's Motion for Class Certification (Sheehan, Nancy) (Entered: 09/10/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
62

EXHIBIT Index of Exhibits in Support of Defendant's Opposition to Plaintiff's Motion for Class Certification. (Sheehan, Nancy) (Entered: 09/10/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
63

EXHIBIT K through O in Support of Defendant's Opposition to Plaintiff's Motion for Class Certification. (Sheehan, Nancy) (Entered: 09/10/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
64

EXHIBIT P thorugh Q in Support of Defendant's Opposition to Plaintiff's Motion for Class Certification. (Sheehan, Nancy) (Entered: 09/10/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
65

EXHIBIT R through U in Support of Defendant's Opposition to Plaintiffs' Motion for Class Certification. (Sheehan, Nancy) (Entered: 09/10/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
66

EXHIBIT V through BB in Support of Defendant's Opposition to Plaintiffs' Motion for Class Certification. (Sheehan, Nancy) (Entered: 09/10/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
67

EXHIBIT A through J in Support of Defendant's Opposition to Plaintiffs' Motion for Class Certification. (Sheehan, Nancy) (Entered: 09/10/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
68

EXHIBIT Appendix of Authority [PART I] In Support of Defendant's Opposition to Plaintiffs' Motion for Class Certification. (Sheehan, Nancy) (Entered: 09/10/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
69

EXHIBIT Appendix of Authority [PART II] in Support of Defendant's Opposition to Plaintiffs' Motion for Class Certification. (Sheehan, Nancy) (Entered: 09/10/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
70

EXHIBIT Amended Exhibits B + G in Support of Defendant's Opposition to Plaintiffs' Motion for Class Certification. (Sheehan, Nancy) (Entered: 09/11/2008)

Sept. 11, 2008

Sept. 11, 2008

PACER
71

MINUTE ORDER by CRD:Due to the parties failure to file a joint stipulation relative to the discovery motion filed July 30, 2008 49, the requirements of which were set forth in this courts briefing order filed August 5, 2008 51, the motion is hereby VACATED from this courts September 17, 2008 law and motion calendar and CONTINUED to 10/8/2008 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. The motion will be deemed withdrawn upon notice from the moving party or failure to file a joint stipulation five days before the hearing as set forth in the courts prior briefing order. (Text only entry) (Cannarozzi, N) (Entered: 09/12/2008)

Sept. 12, 2008

Sept. 12, 2008

PACER
72

AMENDED MINUTE ORDER by CRD re 71 . The motion hearing re: 49 is RESET from 10/08/08 to 10/15/2008 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. (Text only entry) (Cannarozzi, N) (Entered: 09/12/2008)

Sept. 12, 2008

Sept. 12, 2008

PACER
73

EX PARTE APPLICATION by Kelsey Brust, Jessica Bulala, Laura Ludwig for an Extension to Page Limits for Plaintiffs' Reply Brief on the Motion for Class Certification. (Attachments: # 1 Proposed Order)(Olivier, Monique) (Entered: 09/12/2008)

1 Proposed Order

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Sept. 12, 2008

Sept. 12, 2008

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74

ORDER signed by Judge Frank C. Damrell, Jr on 9/15/08 ORDERING pltfs Brust, Ludwig and Bulala are permitted to file their Reply Brief on the Motion to Class Certification in excess of 10 pages, but not to exceed 15 pages. (Carlos, K) (Entered: 09/15/2008)

Sept. 15, 2008

Sept. 15, 2008

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75

REPLY by Kelsey Brust in Support of 52 Motion for Class Certification. (Attachments: # 1 Declaration of Monique Olivier ISO Motion for Class Certification, # 2 Appendix of Non-Published Authority ISO Plaintiffs' Motion)(Olivier, Monique) Modified on 10/1/2008 (Dillon, M). (Entered: 09/26/2008)

1 Declaration of Monique Olivier ISO Motion for Class Certification

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2 Appendix of Non-Published Authority ISO Plaintiffs' Motion

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Sept. 26, 2008

Sept. 26, 2008

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76

REPLY by Larry Vanderhoef, Greg Warzecka, Regents of the University of California to RESPONSE. Attorney Burkett, David Pontus Eugene added. Defendant's Response to Plaintiffs' Reply to Opposition to Class Certification (Burkett, David) (Entered: 09/29/2008)

Sept. 29, 2008

Sept. 29, 2008

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77

DECLARATION of Supplemental Declaration of Amy Cole Regarding Typographical Error in re 52 Motion to Certify Class. (Burkett, David) (Entered: 09/29/2008)

Sept. 29, 2008

Sept. 29, 2008

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78

PROPOSED ORDER. Regarding Defendant's Response to Plaintiffs' Reply to Opposition to Class Certification (Burkett, David) (Entered: 09/29/2008)

Sept. 29, 2008

Sept. 29, 2008

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79

MINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr. on 9/30/08: Plaintiffs' Motion to Certify Class 52 is hereby SUBMITTED. The hearing set for 10/3/08 is VACATED. The Court will issue a written order. (TEXT ONLY) (Krueger, M) (Entered: 09/30/2008)

Sept. 30, 2008

Sept. 30, 2008

PACER
80

SUPPLEMENTAL DECLARATION of Whitney Huston in SUPPORT of 52 Motion to Certify Class. Attorney Huston, Whitney Bryn added. (Huston, Whitney) Modified on 10/9/2008 (Mena-Sanchez, L). (Entered: 10/03/2008)

Oct. 3, 2008

Oct. 3, 2008

PACER
81

MINUTE ORDER by CRD: Due to the unavailability of the Court, Deft's Motion to Compel Discovery Responses 49 currently set for hearing on 10/15/08 is CONTINUED to 10/22/2008 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. The parties are reminded to comply with the Court's previously issued Order 51 regarding the joint statement. (Text only entry) (Cannarozzi, N) (Entered: 10/06/2008)

Oct. 6, 2008

Oct. 6, 2008

PACER
82

WITHDRAWAL of 49 MOTION to COMPEL Discovery Responses as to Plaintiffs Kelsey Brust, Jessica Bulala and Laura Ludwig by Larry Vanderhoef, Greg Warzecka, Regents of the University of California. (Burkett, David) (Entered: 10/08/2008)

Oct. 8, 2008

Oct. 8, 2008

PACER
83

DECLARATION of David P.E. Burkett in (Supplemental) Opposition to 52 Motion to Certify Class. (Burkett, David) (Entered: 10/13/2008)

Oct. 13, 2008

Oct. 13, 2008

PACER
84

STIPULATION and PROPOSED ORDER to Modify the Amended Status (Pretrial Scheduling) Order by Kelsey Brust, Jessica Bulala, Laura Ludwig. (Olivier, Monique) (Entered: 10/14/2008)

Oct. 14, 2008

Oct. 14, 2008

PACER
85

STIPULATION and ORDER to modify the amended pretrial scheduling order signed by Judge Frank C. Damrell, Jr on 10/14/08: Designation of Expert Witnesses due by 11/21/2008. Disclosure of supplemental list of expert witnesses deadline shall be 12/23/08.(Manzer, C) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

RECAP
86

MEMORANUM AND ORDER signed by Judge Frank C. Damrell, Jr on 10/23/2008 GRANTING 52 Motion to Certify Class. The court appoints Kelsey Brust, Laura Ludwig, and Jessica Bulala as class representatives.The court appoints Equal Rights Advocates, The Sturdevant Law Firm, and Equity Legal as classcounsel. (Streeter, J) (Entered: 10/24/2008)

Oct. 24, 2008

Oct. 24, 2008

RECAP
87

STIPULATION and PROPOSED ORDER to modify the amended status (pretrial scheduling) order by Kelsey Brust, Jessica Bulala, Laura Ludwig. (Olivier, Monique) Modified on 11/20/2008 (Engbretson, K.). (Entered: 11/13/2008)

Nov. 13, 2008

Nov. 13, 2008

PACER
88

STIPULATION and ORDER to modify the amended pretrial scheduling order signed by Judge Frank C. Damrell, Jr on 11/17/08: Designation of Expert Witnesses due by 12/19/2008. Disclosure of supplemental list of expert witnesses deadline shall be 01/23/09. Discovery due by 3/27/2009. Dispositive Motion due by 7/10/2009. (Manzer, C) (Entered: 11/17/2008)

Nov. 17, 2008

Nov. 17, 2008

RECAP
89

WITNESS LIST by Larry Vanderhoef, Greg Warzecka, Regents of the University of California.(Sheehan, Nancy) (Entered: 12/19/2008)

Dec. 19, 2008

Dec. 19, 2008

PACER
90

DESIGNATION/DISCLOSURE of EXPERT WITNESS by Kelsey Brust, Jessica Bulala, Laura Ludwig. (Attachments: # 1 Exhibit 1 - Lopiano Report, # 2 Exhibit 2 - Yiamouyiannis Report, # 3 Exhibit Yiamouyiannis Report Exs 1-9, # 4 Exhibit Yiamouyiannis Report Ex 10a, # 5 Exhibit Yiamouyiannis Report Ex 10b)(Olivier, Monique) (Entered: 12/19/2008)

1 Exhibit 1 - Lopiano Report

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2 Exhibit 2 - Yiamouyiannis Report

View on PACER

3 Exhibit Yiamouyiannis Report Exs 1-9

View on PACER

4 Exhibit Yiamouyiannis Report Ex 10a

View on PACER

5 Exhibit Yiamouyiannis Report Ex 10b

View on PACER

Dec. 19, 2008

Dec. 19, 2008

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91

NOTICE OF CHANGE IN COUNSEL by Kelsey Brust, Jessica Bulala, Laura Ludwig. (Olivier, Monique) (Entered: 01/09/2009)

Jan. 9, 2009

Jan. 9, 2009

PACER
92

STIPULATION and PROPOSED ORDER to modify Amended Status (Pretrial Scheduling) Order by plaintiffs. (Olivier, Monique) Modified on 3/11/2009 (Marciel, M). (Entered: 03/05/2009)

March 5, 2009

March 5, 2009

PACER
93

STIPULATION and ORDER Modifying Scheduling Order signed by Judge Frank C. Damrell, Jr. on 3/6/2009 (ORDER MODIFIED FROM SUBMITTED VERSION): Designation of Expert Witnesses due by 2/13/2009, with Supplemental Disclosures due by 3/20/2009. Expert Discovery cut-off is EXTENDED to 5/22/2009. Dispositive Motions shall be heard by 9/4/2009. The Final Pretrial Conference is RESET for 10/30/2009 at 2:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr., and the Joint Final Pretrial Conference Statement is due by 10/16/2009. The Jury Trial is RESET for 1/26/2010 at 9:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. (Krueger, M) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

RECAP
94

NOTICE of Change of Counsel by Larry Vanderhoef, Greg Warzecka, Regents of the University of California. (Sheehan, Nancy) (Entered: 03/26/2009)

March 26, 2009

March 26, 2009

PACER
95

STIPULATION and PROPOSED ORDER to Modify the Amended Status (Pre-Trial) Scheduling Order by Larry Vanderhoef, Greg Warzecka, Regents of the University of California. (Sheehan, Nancy) Modified on 4/28/2009 (Engbretson, K.). (Entered: 04/23/2009)

April 23, 2009

April 23, 2009

PACER
96

STIPULATION and ORDER 95 signed by Judge Frank C. Damrell, Jr on 4/23/2009 GRANTING to Modify the Amended Status (Pre-Trial) Scheduling Order, and extending the Merits and Experts Discovery Cut-Off dates to both be 7/24/09. All other dates to remain the same. (Matson, R) Modified on 4/24/2009 (Krueger, M). (Entered: 04/24/2009)

April 24, 2009

April 24, 2009

RECAP
97

JOINT NOTICE of SETTLEMENT and [proposed] Order re Briefing Schedule for Preliminary Approval by Kelsey Brust, Jessica Bulala, Laura Ludwig, Regents of the University of California. Filing Deadline: 6/30/2009. (Olivier, Monique) Modified on 6/23/2009 (Mena-Sanchez, L). (Entered: 06/22/2009)

June 22, 2009

June 22, 2009

PACER
98

ORDER signed by Judge Frank C. Damrell, Jr. on 6/23/09 ORDERING that the Joint Motion for Preliminary Approval Papers are to be filed no later than 6/30/09; and hearing on the Joint Motion for Preliminary Approval on 8/21/09, at 10:00 a.m. (Engbretson, K.) (Entered: 06/23/2009)

June 23, 2009

June 23, 2009

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99

MOTION for JUDGMENT Notice of Joint Motion and Motion for Order: (1) Preliminarily Approving the Stipulated Judgment, (2) Authorizing Distribution of Notice of Settlement, and (3) Setting a Schedule for the Final Approval Process by Kelsey Brust, Jessica Bulala, Laura Ludwig. Motion Hearing set for 8/21/2009 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Olivier, Monique) (Entered: 06/30/2009)

June 30, 2009

June 30, 2009

PACER
100

MEMORANDUM by Kelsey Brust, Jessica Bulala, Laura Ludwig in SUPPORT of 99 MOTION for JUDGMENT Notice of Joint Motion and Motion for Order: (1) Preliminarily Approving the Stipulated Judgment, (2) Authorizing Distribution of Notice of Settlement, and (3) Setting a Schedule for the Final Approval Process MOTION for JUDGMENT Notice of Joint Motion and Motion for Order: (1) Preliminarily Approving the Stipulated Judgment, (2) Authorizing Distribution of Notice of Settlement, and (3) Setting a Schedule for the Final Approval Process. (Olivier, Monique) (Entered: 06/30/2009)

June 30, 2009

June 30, 2009

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101

DECLARATION of Monique Olivier in SUPPORT OF 99 MOTION for JUDGMENT Notice of Joint Motion and Motion for Order: (1) Preliminarily Approving the Stipulated Judgment, (2) Authorizing Distribution of Notice of Settlement, and (3) Setting a Schedule for the Final Approval Process MOTION for JUDGMENT Notice of Joint Motion and Motion for Order: (1) Preliminarily Approving the Stipulated Judgment, (2) Authorizing Distribution of Notice of Settlement, and (3) Setting a Schedule for the Final Approval Process. (Olivier, Monique) (Entered: 06/30/2009)

June 30, 2009

June 30, 2009

PACER

Case Details

State / Territory: California

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 24, 2007

Closing Date: Oct. 20, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All present, prospective, and future women students at the University of California at Davis who seek to participate in and/or who are deterred from participating in intercollegiate athletics at UCD.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Regents of the University of California, State

Defendant Type(s):

College/University

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Amount Defendant Pays: 594000

Order Duration: 2009 - 2020

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Goals (e.g., for hiring, admissions)

Monitoring

Reporting

Issues

General:

Funding

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run