Case: Mansorian v. Regents of University of California

2:03-cv-02591 | U.S. District Court for the Eastern District of California

Filed Date: Dec. 18, 2003

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On December 18, 2003, current and former female wrestlers at the University of California-Davis ("UC Davis") filed this class action in the U.S. District Court for the Eastern District of California. The plaintiffs sued UC Davis on behalf of all current and future female Davis students denied equal athletic participation opportunities and scholarships. The plaintiffs sought damages and injunctive relief under Title IX and also asserted equal protection claims under 42 U.S.C. § 1983.During the 2…

On December 18, 2003, current and former female wrestlers at the University of California-Davis ("UC Davis") filed this class action in the U.S. District Court for the Eastern District of California. The plaintiffs sued UC Davis on behalf of all current and future female Davis students denied equal athletic participation opportunities and scholarships. The plaintiffs sought damages and injunctive relief under Title IX and also asserted equal protection claims under 42 U.S.C. § 1983.

During the 2000-2001 academic year, Davis eliminated all women from the wrestling team. After the students protested to administrators and filed a complaint with the Department of Education's Office for Civil Rights (OCR), Davis agreed to permit women again to participate in varsity wrestling, conditioned on their ability to beat male wrestlers in their weight class, using men's collegiate wrestling rules. As a result of these new requirements, the female students were unable to qualify for the wrestling team and lost the benefits associated with varsity status, including scholarships and academic credit.

In April 2006, just before the scheduled hearing on class certification, the plaintiffs requested a stay due to their attorney's serious illness. During the ten-month stay, the only named plaintiff still attending Davis graduated. The plaintiffs moved to add as plaintiffs three students, all then enrolled at Davis. On March 20, 2007, the District Court (Judge Frank C. Damrell) denied the motion, holding that the plaintiffs failed to meet the good cause required under Federal Rule of Civil Procedure 16 when such a motion is filed after the issuance of a scheduling order. Without any named plaintiffs currently attending Davis, the plaintiffs stipulated to dismissal of the class claims for injunctive relief.

In April 2008, the District Court dismissed the § 1983 claim as "subsumed" by the Title IX claim. The District Court then granted the University's motion for summary judgment, holding that the students had failed to perfect their Title IX claim by failing to give Davis advance notice and the opportunity to cure.

The plaintiffs appealed to the Ninth Circuit. On February 8, 2010, in a published opinion (amended on April 20, 2010), the Ninth Circuit Court of Appeals held that (1) the plaintiffs' challenge to the district court's denial of their motion to add additional plaintiffs was moot; (2) the plaintiffs were not required to give university notice and an opportunity to cure an alleged Title IX violation before bringing suit; (3) genuine issues of material fact precluded summary judgment on the plaintiffs' Title IX ineffective accommodation claim; (4) Title IX did not preclude claim under § 1983 to enforce rights under Equal Protection Clause; and (5) § 1983 claim was not barred by statute of limitations. The case was remanded for further proceedings consistent with the opinion. 602 F.3d 957 (9th Cir. 2010).

On December 8, 2010, the Court (Judge Frank C. Damrell, Jr.) denied the University's renewed motion for summary judgment. A fifteen day bench trial was held beginning May 2011.

On August 3, 2011, District Judge Frank C. Damrell, Jr., J., held that the university failed to effectively accommodate athletic interests and abilities of members of both sexes. However, the plaintiffs lost on their other theories of Title IX liability, as well as their Equal Protection Clause claims. Specifically, Judge Damrell held that (1) the university's failure to sponsor separate women's team did not contravene Title IX; (3) the assistant athletic director could not be held liable for alleged Equal Protection violations; and (4) other officials were entitled to qualified immunity as to alleged Equal Protection violations. 816 F. Supp. 2d 869 (E.D. Cal. 2011).

On December 8, 2011, the Court ordered this case be set for a settlement conference to decide damages. After months of negotiations, the parties and their counsels reached agreement on all major terms of the settlement. The university agreed to pay $1,350,000 in attorneys' fees and costs incurred during the lengthy case. On April 6, 2012, the action was dismissed without prejudice and the case was closed.

Summary Authors

Xin Chen (10/2/2011)

Maria Ricaurte (10/18/2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5682911/parties/mansourian-v-regents-davis/


Judge(s)

Berzon, Marsha Siegel (California)

Brennan, Edmund F. (California)

Damrell, Frank C. Jr. (California)

Attorneys(s) for Plaintiff

Burkett, David Pontus Eugene (California)

Dolkas, Jamie Elise (California)

Farrell, Noreen Ann (California)

Galles, Kristen Marie (Virginia)

Huston, Whitney Bryn (California)

Johnson, Mark Thomas (California)

Olivier, Monique (California)

Judge(s)

Berzon, Marsha Siegel (California)

Brennan, Edmund F. (California)

Damrell, Frank C. Jr. (California)

Attorneys(s) for Plaintiff

Burkett, David Pontus Eugene (California)

Dolkas, Jamie Elise (California)

Farrell, Noreen Ann (California)

Galles, Kristen Marie (Virginia)

Huston, Whitney Bryn (California)

Johnson, Mark Thomas (California)

Olivier, Monique (California)

Smith, Debra A. (California)

Stark, Whitney Bryn (California)

Sturdevant, James C. (California)

Trang, Jora Thu (California)

Attorneys(s) for Defendant

Acero, George A. (California)

Pott, Michael William (California)

Sheehan, Nancy Joan (California)

Documents in the Clearinghouse

Document

08-16330

9th Circuit Docket

Mansourian v. Regents of University of California

U. S. Court of Appeals for the Ninth Circuit

May 10, 2010

May 10, 2010

Docket

2:03-cv-02591

Docket

Mansourian v. Regents of University of California

April 12, 2012

April 12, 2012

Docket
25

2:03-cv-02591

Memorandum and Order

Mansourian v. Regents of University of California

May 6, 2004

May 6, 2004

Order/Opinion
69

2:03-cv-02591

Plaintiff's Brief in Support of Class Certification

Mansourian v. Regents of University of California

Dec. 8, 2005

Dec. 8, 2005

Pleading / Motion / Brief
103

2:03-cv-02591

Defendants' Opposition to Plaintiff's Motion for Class Certification

Mansourian v. Regents of University of California

April 4, 2006

April 4, 2006

Pleading / Motion / Brief
175

2:03-cv-02591

Memorandum and Order

Mansourian v. Regents of University of California

2007 WL 841739

March 20, 2007

March 20, 2007

Order/Opinion
184

2:03-cv-02591

Memorandum in Support of Plaintiff's Application for Court Approval of Voluntary Dismissal of Class Claims

Mansourian v. Regents of University of California

April 26, 2007

April 26, 2007

Pleading / Motion / Brief
189

2:03-cv-02591

Memorandum in Support of Defendants' Motion for Judgment on the Pleadings

Mansourian v. Regents of University of California

June 5, 2007

June 5, 2007

Pleading / Motion / Brief
196

2:03-cv-02591

Plaintiff's Opposition to Defendants' Motion for Judgment on the Pleadings

Mansourian v. Regents of University of California

July 13, 2007

July 13, 2007

Pleading / Motion / Brief
226

2:03-cv-02591

Memorandum and Order

Mansourian v. Regents of University of California

2007 WL 3046034

Oct. 18, 2007

Oct. 18, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5682911/mansourian-v-regents-davis/

Last updated Aug. 2, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand, fee status pd, receipt # 10471, assigned to Judge Frank C. Damrell Jr referred to Magistrate Judge Peter A. Nowinski (crf) (Entered: 12/19/2003)

Dec. 18, 2003

Dec. 18, 2003

48

MEMORANDUM and ORDER, Motions terminated: 42 MOTION for EXTENSION Motion to Modify Status Order by Arezou Mansourian, Lauren Mancuso, Nancy Nien-Li Chiang, Christine Wing-Si Ng - GRANTED. Designation of Expert Witnesses due by 8/1/2005. Rebuttal e xperts by 9/1/05. Discovery due by 10/28/2005. Dispositive Motion due by 1/13/2006. Final Pretrial Conference set for 3/17/2006 at 01:30 PM in Courtroom 2. Jury Trial set for 5/2/2006 at 09:00 AM in Courtroom 2 signed by Judge Frank C. Damrell Jr. on 6/14/05. (Price, M)

June 14, 2005

June 14, 2005

RECAP
2

ORDER REQUIRING JOINT STATUS REPORT by Judge Frank C. Damrell Jr informing the parties on the procedure to follow in pursuing this action (crf) (Entered: 12/19/2003)

Dec. 18, 2003

Dec. 18, 2003

53

STIPULATION and ORDER signed by Judge Frank C. Damrell Jr. on 08/17/05. Designation of Expert Witnesses due by 10/28/2005. Discovery due by 12/23/2005. Dispositive Motion due by 4/21/2006. Final Pretrial Conference set for 6/30/2006 at 03:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Jury Trial set for 8/29/2006 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. (Price, M)

Aug. 17, 2005

Aug. 17, 2005

RECAP
3

ORDER re Discovery by Magistrate Judge Peter A. Nowinski informing the parties on the procedure to follow in pursuing this action (crf) (Entered: 12/19/2003)

Dec. 18, 2003

Dec. 18, 2003

59

ORDER signed by Judge Frank C. Damrell Jr. on 10/31/05 re 57 Stipulation filed by the parties - GRANTED. The following scheduling deadlines are modified as follows: Designation of rebuttal Expert Witnesses due by 3/14/2006. Discovery due by 5/12/ 2006. Dispositive Motion due by 8/4/2006. Final Pretrial Conference set for 9/29/2006 at 03:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Jury Trial set for 11/28/2006 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.(Price, M)

Oct. 31, 2005

Oct. 31, 2005

RECAP
73

ORDER signed by Judge Peter A. Nowinski on 01/04/06 DENYING 71 Stipulation, filed by Regents of the University of California, University of California at Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill-Fisher, Robert Franks and Lawrence Swanson . (Matson, R)

Jan. 5, 2006

Jan. 5, 2006

RECAP
4

WAIVER OF SERVICE by defendant Regents Davis on 1/5/04 (sk) (Entered: 01/23/2004)

Jan. 22, 2004

Jan. 22, 2004

81

ORDER signed by Judge Peter A. Nowinski on 01/09/06 ORDERING pltf's ex parte application for reconsideration 78 is GRANTED in part; Dfts to disclose by filing with the court no private information obtained during discovery.(Warren, P)

Jan. 10, 2006

Jan. 10, 2006

RECAP
5

WAIVER OF SERVICE by defendant Lawrence Vanderhoef on 1/5/04 (sk) (Entered: 01/23/2004)

Jan. 22, 2004

Jan. 22, 2004

86

ORDER signed by Judge Frank C. Damrell Jr. on 1/27/06 GRANTING 84 Ex Parte Application. Defendants shall be permitted to file a Memo of Points and Authorities in Opposition to Plaintiffs' Motion for Class Certification in excess of 20 pages, but not to exceed 35 pages.(Donati, J)

Jan. 30, 2006

Jan. 30, 2006

RECAP
6

WAIVER OF SERVICE by defendant Greg Warzecka on 1/5/04 (sk) (Entered: 01/23/2004)

Jan. 22, 2004

Jan. 22, 2004

89

ORDER signed by Judge Peter A. Nowinski on 02/08/06: The subpoenas are quashed.(Warren, P)

Feb. 9, 2006

Feb. 9, 2006

RECAP
8

WAIVER OF SERVICE by defendant Robert Franks on 1/5/04 (sk) (Entered: 01/23/2004)

Jan. 22, 2004

Jan. 22, 2004

99

ORDER signed by Judge Frank C. Damrell Jr. on 3/22/06. 97 Ex Parte Application, filed by defendants - GRANTED. Defendant LARRY VANDERHOEF shall be permitted to file a Memorandum of Points and Authorities in Support of his Motion for Summary Judgment in excess of twenty pages, but not to exceed thirty pages. In light of this page limit increase, the page limit for Plaintiff's opposition is extended to no more than 30 pages. No increase is made as to the reply page limit.(Price, M)

March 22, 2006

March 22, 2006

RECAP
9

WAIVER OF SERVICE by defendant Lawrence Swanson on 1/5/04 (sk) (Entered: 01/23/2004)

Jan. 22, 2004

Jan. 22, 2004

102

ORDER signed by Judge Frank C. Damrell Jr. on 3/28/06 re 100 Ex Parte Application - GRANTED. Dft LAWRENCE SWANSON shall be permitted to file a Memorandum in Support of his Motion for Summary Judgment in excess of twenty pages, but not to exceed thirty pages. In light of this page limit increase, the page limit for ptlf's opposition is extended to no more than 30 pages. No increase is made as to the reply page limit.(Price, M)

March 28, 2006

March 28, 2006

RECAP
10

PROOF OF SERVICE by plaintiffs of [9−1], [8−1], [7−1], [6−1], [5−1], [4−1] (sk) (Entered: 01/23/2004)

Jan. 22, 2004

Jan. 22, 2004

110

ORDER signed by Judge Frank C. Damrell Jr. on 4/5/06. 108 Exparte Application filed by Regents dft Pam Gill-Fisher - GRANTED. Memorandum in Support of motion for summary judgment may be filed in excess of 20 pages, but not to exceed 30 pages. In light of this page limit increase, the page limit for pltf's opposition is extended to no more than thirty pages. No increase is made as to the Reply page limit. (Price, M)

April 5, 2006

April 5, 2006

RECAP
11

NOTICE by defendants of related case(s) CIV.S−04−38 WBS GGH (crf) (Entered: 01/27/2004)

Jan. 27, 2004

Jan. 27, 2004

114

ORDER signed by Judge Frank C. Damrell Jr. on 4/13/06. 111 Stipulation to Seal Exhibit W - GRANTED. The Clerk shall seal Exhibit W, as filed on April 4/4/06, as Part 5 to docket #107, Exhibits. Counsel, shall re-file exhibits U - CC excluding exhibit W in accordance with this order. (Price, M)

April 13, 2006

April 13, 2006

RECAP
12

NON−RELATED CASE ORDER by Judge Frank C. Damrell Jr ORDERING the court has determined that it is inappropriate to related or reassign the cases 03CV2591 FCD/PAn and 04CV38 WBS/GGH, and therefore declines to do so (cc: all counsel) (daw) (Entered: 02/02/2004)

Feb. 2, 2004

Feb. 2, 2004

13

NOTICE OF MOTION AND MOTION to dismiss case by dfts Regents Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks, Lawrence Swanson motion TO BE HEARD by Judge Frank C. Damrell Jr; Motion Hearing Set For 10:00 a.m. 4/16/04 (ds) (Entered: 03/08/2004)

March 5, 2004

March 5, 2004

125

ORDER signed by Judge Frank C. Damrell Jr. on 4/18/06. 117 Pltf's MOTION to STAY and Extend Scheduling -GRANTED. Case STAYED. All dates are vacated. 62 Motion for Class Certification - RESET for 7/21/06 at 10:00 a.m. Status Conference set for 6/16/2006 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. Joint status report by 6/6/2006. Parties to refer to order for specifics on report. (Price, M) Modified on 4/18/2006 (Price, M).

April 18, 2006

April 18, 2006

RECAP
14

MEMORANDUM OF POINTS AND AUTHORITIES in SUPPORT of motion to dismiss case by dfts Regents Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks, Lawrence Swanson [13−1] (ds) (Entered: 03/08/2004)

March 5, 2004

March 5, 2004

132

ORDER signed by Judge Frank C. Damrell Jr. on 6/7/06 GRANTING 130 Stipulation. Status Conference is re-set for 7/28/2006 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. and Joint Status Report is due by 7/18/06. (Yin, K)

June 8, 2006

June 8, 2006

RECAP
143

STIPULATION and ORDER 141 signed by Judge Frank C. Damrell Jr. on 8/23/06. The Stay of this action is CONTINUED to 11/3/06 and Status Conference is RE-SET for 11/3/2006 at 10:00 AM in Courtroom 2 (FCD). Parties shall meet and confer to submit Joint Status Statement by 10/27/06.(Marciel, M)

Aug. 23, 2006

Aug. 23, 2006

RECAP
15

REQUEST for Judicial notice by dfts Regents Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks, Lawrence Swanson (ds) (Entered: 03/08/2004)

March 5, 2004

March 5, 2004

149

STIPULATION and ORDER signed by Judge Frank C. Damrell Jr. on 10/20/06. The stay in continued to 1/26/07. Status Conference set for 11/3/06 is VACATED and RESET for 1/26/2007 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. A joint status report shall be filed by 1/19/2007. (Price, M)

Oct. 20, 2006

Oct. 20, 2006

RECAP
16

INITIAL JOINT STATUS REPORT (ds) (Entered: 03/15/2004)

March 12, 2004

March 12, 2004

17

MINUTE ORDER issued by the CRD due to a conflict w/the Court's calendar dfts' motion to dismiss [13−1] HEARING RESET FOR 10:00 4/30/04; all briefing on motions to comply w/LR (cc: all counsel) (crf) (Entered: 03/22/2004)

March 19, 2004

March 19, 2004

175

MEMORANDUM and ORDER signed by Judge Frank C. Damrell Jr. on 3/20/07. Plaintiff's 158 MOTION for Amend the Complaint is DENIED.(Marciel, M)

March 20, 2007

March 20, 2007

RECAP
18

OPPOSITION by plaintiffs to dfts' motion to dismiss case [13−1] (crf) (Entered: 04/19/2004)

April 16, 2004

April 16, 2004

178

STIPULATION and ORDER signed by Judge Frank C. Damrell Jr. on 3/29/07 AGREEING to the stipulation between the parties to DISMISS w/ prejudice the claims of pltf Nancy Nien-Li Chiang as against each of the dfts; the pending motion to dismiss pltf Chiang's damages claims is OFF CALENDAR; dfts to not take further action to obtain copies of pltf Chiang's medical or mental health records; each of the parties to bear their own costs. Nancy Nien-Li Chiang terminated. (Yin, K)

March 29, 2007

March 29, 2007

RECAP
19

OPPOSITION by plaintiffs to dfts' request for judicial notice [15−1] (crf) (Entered: 04/20/2004)

April 19, 2004

April 19, 2004

179

ORDER signed by Judge Frank C. Damrell Jr. on 3/30/07 AGREEING to the 176 stipulation between the parties to further modify the 156 Second Amended Status (Pretrial Scheduling) Order: Pltfs' Supplemental Opening Brief due 4/27/07; Dfts' Supplemental Opposition Brief due 5/11/07; Pltfs' Reply Brief due 5/18/07; Class Certification Hearing set for 5/25/2007 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr..(Yin, K)

March 30, 2007

March 30, 2007

RECAP
182

ORDER signed by Judge Frank C. Damrell Jr. on 4/23/07 GRANTING 180 Stipulated Request to further modify the Second Amended Status (Pretrial Scheduling) Order. The class certification hearing currently scheduled for 5/25/07 and the corresponding briefing schedule will be taken off calendar pending the resolution of plaintiffs' request for voluntary dismissal of class claims. (Donati, J)

April 24, 2007

April 24, 2007

RECAP
20

REPLY by Regents Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks, Lawrence Swanson to pltf's opposition to dft's request for judicial notice [15−1] (ds) (Entered: 04/26/2004)

April 23, 2004

April 23, 2004

21

REPLY by defendants Regents Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks, and Lawrence Swanson regarding [18−1] (daw) (Entered: 04/27/2004)

April 23, 2004

April 23, 2004

195

MEMORANDUM AND ORDER signed by Judge Frank C. Damrell Jr. on 6/12/07. 183 Motion to Dismiss - GRANTED. Accordingly, the class claims in this action are dismissed. (Price, M)

June 12, 2007

June 12, 2007

RECAP
201

ORDER signed by Judge Frank C. Damrell Jr. on 7/20/07. 199 Deft's Ex Parte Application -GRANTED. Deft's are permitted to file their Reply to Plaintiffs' Opposition not to exceed 15 pages. (Price, M)

July 20, 2007

July 20, 2007

RECAP
22

MINUTE ORDER: motion to dismiss case by dfts Regents Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks, Lawrence Swanson [13−1] SUBMITTED; the 4/30/04 hearing is VACATED (cc: all counsel) (kdc) (Entered: 04/28/2004)

April 27, 2004

April 27, 2004

23

RULE 26 DISCLOSURE by dfts Regents Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks, Lawrence Swanson regarding (kdc) (Entered: 04/29/2004)

April 28, 2004

April 28, 2004

214

ORDER re 213 MOTION for PROTECTIVE ORDER. Signed by Judge Edmund F. Brennan on 8/31/07. (Hinkle, T)

Aug. 31, 2007

Aug. 31, 2007

RECAP
24

STIPULATION re motion to dismiss (ds) (Entered: 04/30/2004)

April 29, 2004

April 29, 2004

222

ORDER signed by Judge Frank C. Damrell Jr. on 09/18/07 MODIFYING SCHEDULING ORDER as follows:Expert Discovery Cut-off is 1/11/2008, Discovery due by 12/28/2007, Dispositive Motion to be heard by 2/22/2008, Deadline to file Joint PTS is 4/11/08, Final Pretrial Conference set for 4/18/2008 at 01:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. and trial still set for 6/17/08 at 9:00 am before Judge Frank C. Damrell Jr. (Dillon, M)

Sept. 19, 2007

Sept. 19, 2007

RECAP
225

BRIEFING ORDER re 224 MOTION for PROTECTIVE ORDER under F.R.C.P. 26(c). Signed by Judge Edmund F. Brennan on 10/15/2007. (Hinkle, T)

Oct. 15, 2007

Oct. 15, 2007

RECAP
25

MEMORANDUM and ORDER by Judge Frank C. Damrell Jr ORDERING motion to dismiss case by dfts Regents Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks, Lawrence Swanson [13−1] DENIED (cc: all counsel) (daw) (Entered: 05/06/2004)

May 6, 2004

May 6, 2004

26

STIPULATION &ORDER by Magistrate Judge Peter A Nowinski for Protective Order GRANTED; this Order covers documents designated by producint party as "private educations records"; private education records shall be so designated by stamping copies of document(s) produced to party with legend "CONFIDENTIAL"; CONFIDENTIAL on cover of any multi−page document shall designate all pages of doucments as confidential, unless otherwise indicated by producing party (see Order for details) (cc: all counsel) (mm1) (Entered: 05/25/2004)

May 25, 2004

May 25, 2004

226

MEMORANDUM AND ORDER granting signed by Judge Frank C. Damrell Jr. on 10/18/07.The court makes the following orders on defts' 188 motion for judgment on the pleadings: Deft UCD's motion for judgment on the pleadings re: pltfs' first c laim for relief under Title IX based upon a theory unequal treatment - GRANTED; re: pltfs' first claim for relief under Title IX based upon a theory of ineffective accommodation - DENIED; re: pltfs' second claim for relief under Title IX - GRANTED; re: pltfs' third claim for relief for retaliation in violation of Title IX - GRANTED; re: pltfs' claims for punitive damages under Title IX - GRANTED; re: pltfs' claims for emotional distress damages under Title IX - DENIED. The individual defts' motion for judgment on the pleadings re: pltfs' claims brought pursuant to 42 U.S.C. section 1983 - GRANTED. Defts' motion for judgement on the pleadings re: pltfs' state law claims - GRANTED.(Price, M)

Oct. 18, 2007

Oct. 18, 2007

RECAP
228

BRIEFING ORDER re 227 MOTION to COMPEL Further Disclosures and Discovery. Signed by Judge Edmund F. Brennan on 10/23/07. (Hinkle, T)

Oct. 23, 2007

Oct. 23, 2007

RECAP
27

LETTER to court from counsel for defendants regarding this matter having related discovery issues with case 04−CV−38 WBS GGH; stipulation to be submitted in both cases regarding certain aspects of discovery (daw) (Entered: 06/09/2004)

June 8, 2004

June 8, 2004

29

LETTER to court from counsel for Dfts Regents Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks, Lawrence Swanson informing the Court that the parties agreed to merge certain aspects of discovery on CIV S−04−38 WBS GGH and CIV S−03−2591 FDC PAN (lm) (Entered: 06/09/2004)

June 8, 2004

June 8, 2004

247

BRIEFING ORDER re 246 MOTION for PROTECTIVE ORDER filed by defendants. Signed by Judge Edmund F. Brennan on 11/15/07. (Hinkle, T)

Nov. 15, 2007

Nov. 15, 2007

RECAP
249

BRIEFING ORDER re 248 Motion to Compel Discovery Responses. Signed by Judge Edmund F. Brennan on 11/19/07. (Hinkle, T)

Nov. 19, 2007

Nov. 19, 2007

RECAP

LODGED Stipulation Re Merger of some discovery and Regarding Discovery of Financial Information; Stipulation and Protective Order Regarding Personal Onformation by Pltfs Arezou Mansourian, Lauren Mancuso, Nancy Nien−Li Chiang, Christine Wing−Si Ng, and Dfts Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks, Lawrence Swanson (lm) (Entered: 06/09/2004)

June 8, 2004

June 8, 2004

250

ORDER signed by Judge Edmund F. Brennan on 11/19/07 ORDERING that Defendants' Motion for Protective Order deeming the documents unusable in this litigation 242 is DENIED. (Mena-Sanchez, L)

Nov. 19, 2007

Nov. 19, 2007

RECAP
28

STATUS (PRETRIAL SCHEDULING) ORDER by Judge Frank C. Damrell Jr ORDERING pretrial conference SET for 2:30 5/13/05; trial SET for 1:30 7/18/05; designation of expert witnesses SET for 10/25/04; motion filing ddl SET for 3/11/05; discovery ddl SET for 1/7/05 ; objections may be filed w/i 10 court days from service (cc: all counsel) (daw) (Entered: 06/09/2004)

June 9, 2004

June 9, 2004

30

NOTICE by plaintiff Arezou Mansourian of class action (crf) (Entered: 06/15/2004)

June 14, 2004

June 14, 2004

263

ORDER signed by Judge Frank C. Damrell Jr. on 12/4/07. 259 Ex Parte Application filed by Greg Warzecka, Robert Franks, Pam Gill-Fisher, Lawrence Vanderhoef, Regents of the University of California, University of California at Davis and Lawrence Sw anson - GRANTED IN PART. Deft REGENTS OF THE UNIVERSITY OF CALIFORNIA IS permitted to file Motion for Summary Judgment in excess of 20 pages, but not to exceed 40 pages. Plts are permitted to file its Opposition in excess of 20 pages, but not to exceed 40 pages. Deft is permitted to file a reply in excess of 10 pages, but not to exceed 20 pages. (Price, M)

Dec. 4, 2007

Dec. 4, 2007

RECAP
267

STIPULATION and ORDER signed by Judge Edmund F. Brennan on 12/4/2007 GRANTING 264 Stipulation and Proposed Order to have defendant's Motion to Compel further discovery heard on shortened time.(Matson, R)

Dec. 5, 2007

Dec. 5, 2007

RECAP
31

OBJECTIONS by defendants to Status (Pretrial Scheduling) Order [28−2] (daw) (Entered: 06/22/2004)

June 21, 2004

June 21, 2004

268

BRIEFING ORDER re 261 Defendant's Notice of Motion to Compel Further Discovery filed by Greg Warzecka, Robert Franks, Pam Gill-Fisher, Lawrence Vanderhoef, Regents of the University of California, University of California at Davis, Lawrence Swanson. Signed by Judge Edmund F. Brennan on 12/5/07. (Hinkle, T)

Dec. 5, 2007

Dec. 5, 2007

RECAP
32

DECLARATION of Nancy J. Sheehan in support of [31−1] (daw) (Entered: 06/22/2004)

June 21, 2004

June 21, 2004

274

STIPULATION and ORDER (ORDER MODIFIED FROM SUBMITTED VERSION) signed by Judge Frank C. Damrell Jr. on 12/13/07. Dispositive Motion shall be heard no later than 3/28/2008. The parties are to refer to the order for the dispositive motion briefing schedule. Final Pretrial Conference RESET for 6/6/2008 at 01:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Jury Trial RESET for 8/12/2008 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Price, M)

Dec. 13, 2007

Dec. 13, 2007

RECAP
33

AMENDED STATUS (PRETRIAL SCHEDULING) ORDER by Judge Frank C. Damrell Jr ORDERING discovery ddl set for 1/7/05; disclosure of expert witnesses due by 10/25/04; all dispositive motions shall be heard no later than 3/11/05; final pretrial conference set for 1:30 6/10/05; jury trial set for 1:30 7/18/05 (cc: all counsel) (ds) (Entered: 06/30/2004)

June 30, 2004

June 30, 2004

278

ORDER signed by Judge Edmund F. Brennan on 12/21/07 denying 246 Motion for Protective Order. Chancellor Vanderhoef shall appear for deposition and defendant shall produce the documents previously withheld on the basis of deliberative process privilege. (Plummer, M)

Dec. 21, 2007

Dec. 21, 2007

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34

ANSWER by defendants Regents Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks, and Lawrence Swanson to complaint [1−1] (daw) (Entered: 08/23/2004)

Aug. 20, 2004

Aug. 20, 2004

LODGED stipulated request to modify status order (ds) (Entered: 10/25/2004)

Oct. 22, 2004

Oct. 22, 2004

313

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 1/29/08. RESET MOTION HEARING as to 280 MOTION for SUMMARY JUDGMENT for 4/25/2008 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Plaintiffs shall file their opposing papers on or before 3/6/08. Defendant shall file its reply papers on or before 3/31/08. (Price, M)

Jan. 29, 2008

Jan. 29, 2008

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368

MEMORANDUM AND ORDER signed by Judge Frank C. Damrell, Jr on 04/23/08. Deft's 280 Motion for Summary Judgment - GRANTED. The Clerk is directed to close the file. All dates are VACATED. CASE CLOSED. (Price, M)

April 23, 2008

April 23, 2008

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35

STIPULATION AND ORDER by Judge Frank C. Damrell Jr modifying status order discovery ddl set for 4/15/05; disclosure of expert witnesses due by 2/22/05; last day for hearing motions set for 7/22/05; final pretrial conference set for 3:30 9/30/05; jury trial set for 1:30 11/7/05 (cc: all counsel) (ds) (Entered: 10/27/2004)

Oct. 27, 2004

Oct. 27, 2004

375

ORDER signed by Judge Frank C. Damrell, Jr on 5/22/08 GRANTING Plaintiff an Extension of Time until 6/19/08 to file objections to the Bill of Costs. (Krueger, M)

May 22, 2008

May 22, 2008

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36

STIPULATION and PROPOSED ORDER REQUEST FOR MODIFICATION OF SCHEDULING ORDER by Regents of the University of California, University of California at Davis. (Sheehan, Nancy) (Entered: 02/22/2005)

Feb. 22, 2005

Feb. 22, 2005

37

PROPOSED ORDER by Regents of the University of California, University of California at Davis. (Sheehan, Nancy) Modified on 2/23/2005 (Marcotte, D). (Entered: 02/22/2005)

Feb. 22, 2005

Feb. 22, 2005

381

STIPULATED PROTECTIVE ORDER regarding financial information of pltfs signed by Judge Frank C. Damrell, Jr on 6/18/08. (Carlos, K)

June 19, 2008

June 19, 2008

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38

STIPULATION and ORDER Designation of Expert Witnesses due by 6/1/2005. Discovery due by 7/22/2005. Dispositive Motion due by 9/9/2005. Final Pretrial Conference set for 11/18/2005 at 02:30 PM in Courtroom 2. Jury Trial set for 1/24/2006 at 09:00 AM in Courtroom 2 signed by Judge Frank C. Damrell Jr. on 2/25/05. (Price, M) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

400

MEMORANDUM AND ORDER signed by Judge Frank C. Damrell, Jr on 7/15/08 ORDERING that Plaintiffs' Motion to Deny Defendants' Bill of Costs is GRANTED. Plaintiffs' Motion to Continue Consideration of Bill of Costs 396 is MOOT and the Hearing date of 8/22/08 is VACATED. (Krueger, M)

July 15, 2008

July 15, 2008

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436

STIPULATION and ORDER 435 To Modify The Status (Pretrial Scheduling) Order, signed by Judge Frank C. Damrell, Jr., on 9/13/10: The last date to hear dispositve motions shall BE 12/3/10. Discovery is to be completed BY 10/25/2010, aside from individual Dft financial status discovery. (Kastilahn, A)

Sept. 13, 2010

Sept. 13, 2010

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39

DESIGNATION/DISCLOSURE of EXPERT WITNESS by Lawrence Swanson, Regents of the University of California, University of California at Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks. (Sheehan, Nancy) (Entered: 06/01/2005)

June 1, 2005

June 1, 2005

40

EXHIBIT B to Disclosure of Expert Witnesses by Lawrence Swanson, Regents of the University of California, University of California at Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks.. (Sheehan, Nancy) (Entered: 06/01/2005)

June 1, 2005

June 1, 2005

451

STIPULATION and ORDER 450 signed by Judge Frank C. Damrell, Jr., on 9/20/10, ORDERING that the hearing on dfts' motions for summary judgment 443 , 437 , 426 , 417 is CONT'D to 12/3/2010 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell, Jr. Pltfs shall file their oppositions to the motions for summary judgment no LATER than 11/9/10; and dfts shall file their replies no LATER than 11/24/10. (Kastilahn, A)

Sept. 20, 2010

Sept. 20, 2010

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41

Ex Parte MOTION to SHORTEN TIME for Motion to Modify Status Order by Arezou Mansourian, Lauren Mancuso, Nancy Nien−Li Chiang, Christine Wing−Si Ng. Motion Hearing set for 6/24/2005 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Galles, Kristen) (Entered: 06/01/2005)

June 1, 2005

June 1, 2005

455

ORDER GRANTING 454 Motion to File Document Under Seal signed by Judge Frank C. Damrell, Jr on 9/27/10. Exhibit N in support of dft Warzecka's motion for summary judgment shall be filed under seal. (Manzer, C)

Sept. 27, 2010

Sept. 27, 2010

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42

MOTION for EXTENSION Motion to Modify Status Order by Arezou Mansourian, Lauren Mancuso, Nancy Nien−Li Chiang, Christine Wing−Si Ng re 41 Ex Parte MOTION to SHORTEN TIME for Motion to Modify Status Order by Arezou Mansourian, Lauren Mancuso, Nancy Nien−Li Chiang, Christine Wing−Si Ng. Motion Hearing set for 6/24/2005 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Galles, Kristen) (Entered: 06/01/2005)

June 1, 2005

June 1, 2005

463

ORDER signed by Judge Frank C. Damrell, Jr on 10/27/10 ORDERING 462 Ex Parte Application filed by Christine Wing-Si Ng, Lauren Mancuso, Arezou Mansourian GRANTED and they shall be permitted to file a consolidated opposition to the motions for summary judgment filed by the individual dfts and to file asingle memorandum of points and authorities to address the motions of the individual dfts that exceeds the Court's 20 page limited but which is not more than 50 pages. (Carlos, K)

Oct. 27, 2010

Oct. 27, 2010

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43

MINUTE ORDER: from CRD M. Price for Judge Frank C. Damrell Jr. on 6/1/05. re 41 Motion to Shorten Time − GRANTED. 42 MOTION for EXTENSION Motion to Modify Status Order by Arezou Mansourian, Lauren Mancuso, Nancy Nien−Li Chiang, Christine Wing−Si Ng set for hearing on 6/24/2005 at 10:00 AM in Courtroom 2. Opposition by 6/10/05 and reply by 6/17/05. (Price, M) (Entered: 06/01/2005)

June 1, 2005

June 1, 2005

465

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 11/5/2010re 464 ORDERING that Plaintiffs' claims against defendant Lawrence Swanson in this action are dismissed in their entirety, with prejudice. Defendant Larry Swanson shall no t seek attorneys' fees, costs or any other relief against Plaintiffs, on their own or through counsel, based upon the filing or prosecution of this action by them. Defendant agrees that neither he nor anyone on his behalf will pursue any claim a gainst Plaintiffs or their counsel for their prosecution of this action against him, including a malicious prosecution claim. Defendant Larry Swanson will withdraw his Motion for Summary Judgment currently set for hearing on December 3, 2010. Each of the parties to bear their own costs.(Duong, D)

Nov. 8, 2010

Nov. 8, 2010

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484

ORDER signed by Judge Frank C. Damrell, Jr on 11/12/10 ORDERING that Plaintiffs' Request to Seal Confidential documents is GRANTED.(Mena-Sanchez, L)

Nov. 12, 2010

Nov. 12, 2010

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44

DESIGNATION/DISCLOSURE of EXPERT WITNESS by Arezou Mansourian, Lauren Mancuso, Nancy Nien−Li Chiang, Christine Wing−Si Ng. (Galles, Kristen) (Entered: 06/01/2005)

June 1, 2005

June 1, 2005

45

AMENDED DOCUMENT by Lawrence Swanson, Regents of the University of California, University of California at Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks.. (Sheehan, Nancy) (Entered: 06/06/2005)

June 6, 2005

June 6, 2005

509

MEMORANDUM AND ORDER signed by Judge Frank C. Damrell, Jr on 12/8/2010 ORDERING Defendants' Motions for Summary Judgment 417 , 426 , 437 , and 452 GRANTED in Part and DENIED in Part. (Krueger, M)

Dec. 8, 2010

Dec. 8, 2010

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46

MEMORANDUM/RESPONSE in OPPOSITION to Plaintiff's Motion to Modify Status (Pretrial Scheduling) Order . (Pott, Michael) (Entered: 06/09/2005)

June 9, 2005

June 9, 2005

520

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/12/11, ORDERING that 513 dfts' Motion for a Protective Order, is DENIED in PART and GRANTED in PART as discussed in this Order. Dfts Vanderhoef, Warzecka, Roberts, and Gill-Fisher SHALL r espond to the discovery demands set forth in this Order within 21 days of the entry of this Order. It is further ORDERED that the Stipulation Regarding Financial Information of Individual Defendants executed by the parties through their respective attorneys on June 18, 2008 and attached hereto as Exhibit A is hereby incorporated as part of this Order. (Attachments: # 1 Exhibit A)(Kastilahn, A)

1 Exhibit A

View on PACER

Jan. 12, 2011

Jan. 12, 2011

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47

DECLARATION of Michael W. Pott in in Opposition to Modify Status (Pretrial Scheduling) Order. (Attachments: # 1 Exhibit A−C (1) # 2Exhibit C (2) #(3) Exhibit D−E (1) #(4) Exhibit E (2) #(5) Exhibit E (3))(Pott, Michael) (Entered: 06/09/2005)

June 9, 2005

June 9, 2005

532

STIPULATION and ORDER 531 signed by Judge Frank C. Damrell, Jr., on 2/18/11: The Status (Pretrial Scheduling) Order is modified as follows: Final Pretrial Conference is SET for 4/21/2011 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrel l, Jr.. Bench Trial is SET for 5/23/2011 at 01:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell, Jr.. Jury Trial is tentatively SET for August 9-11, 2011 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell, Jr.. (See order for further dates.)(Kastilahn, A)

Feb. 22, 2011

Feb. 22, 2011

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537

ORDER signed by Judge Frank C. Damrell, Jr on 04/26/2011 GRANTING 535 Joint Stipulation Re Briefing Schedule on Motion For Reconsideration.(Streeter, J)

April 26, 2011

April 26, 2011

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49

DESIGNATION/DISCLOSURE of EXPERT WITNESS by Lawrence Swanson, Regents of the University of California, University of California at Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks. (Sheehan, Nancy) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

538

PRETRIAL CONFERENCE ORDER signed by Judge Frank C. Damrell, Jr on 04/26/2011. (Streeter, J)

April 26, 2011

April 26, 2011

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50

DESIGNATION/DISCLOSURE of EXPERT WITNESS by Arezou Mansourian, Lauren Mancuso, Nancy Nien−Li Chiang, Christine Wing−Si Ng. (Galles, Kristen) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

Case Details

State / Territory: California

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 18, 2003

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Current and former female students at the University of California-Davis (UCD) and former members of the UCD’s wrestling team filed a class action on behalf of all current and future female UCD students denied equal athletic participation opportunities.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

the Regents of the University of California at Davis, State

Defendant Type(s):

College/University

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: 1350000

Issues

General:

Funding

Discrimination-basis:

Sex discrimination

Affected Gender:

Female