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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

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

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 Nov. 2, 2022, 3:10 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

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

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

4

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

Jan. 22, 2004

Jan. 22, 2004

5

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

Jan. 22, 2004

Jan. 22, 2004

6

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

Jan. 22, 2004

Jan. 22, 2004

8

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

Jan. 22, 2004

Jan. 22, 2004

9

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

Jan. 22, 2004

Jan. 22, 2004

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

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

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

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

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

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

18

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

April 16, 2004

April 16, 2004

19

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

April 19, 2004

April 19, 2004

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

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

24

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

April 29, 2004

April 29, 2004

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

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

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

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

31

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

June 21, 2004

June 21, 2004

32

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

June 21, 2004

June 21, 2004

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

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

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

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

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

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

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

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

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

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

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

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

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
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

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

52

STIPULATION and PROPOSED ORDER to Modify Scheduling Order by Lawrence Swanson, Regents of the University of California, University of California at Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks. (Attachments: # 1 Proposed Order)(Pott, Michael) Modified on 8/15/2005 (Mena−Sanchez, L). (Entered: 08/12/2005)

Aug. 12, 2005

Aug. 12, 2005

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
54

MOTION to COMPEL Deposition Testimony of OCR Representatives by Lawrence Swanson, Regents of the University of California, University of California at Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks. Motion Hearing set for 11/30/2005 at 09:00 AM in Courtroom 25 (PAN) before Magistrate Judge Peter A. Nowinski. (Begley, Brendan) (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

55

REQUEST for JUDICIAL NOTICE by Lawrence Swanson, Regents of the University of California, University of California at Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks in Support of Defendants' Motion to Compel Depo Testimony of OCR Representatives . (Begley, Brendan) (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

56

MEMORANDUM/RESPONSE in SUPPORT of Defendants' Motion to Compel Depo Testimony of OCR Representatives . (Attachments: # 1 Exhibit A − I# 2 Exhibit J# 3 Exhibit K# 4 Exhibit K cont.# 5 Exhibit L − P# 6 Exhibit Q − R# 7 Exhibit S − V)(Begley, Brendan) (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

57

STIPULATION Request to Further Modify Scheduling Order 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: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

58

PROPOSED ORDER 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: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

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
60

AMENDED NOTICE OF MOTION to Compel Deposition Testimony of O.C.R. Representatives by Lawrence Swanson, Regents of the University of California, University of California at Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks. Motion Hearing set for 12/14/2005 at 09:00 AM in Courtroom 25 (PAN) before Magistrate Judge Peter A. Nowinski. (Sheehan, Nancy) Modified on 11/17/2005 (Reader, L). (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

61

REQUEST by Lawrence Swanson, Regents of the University of California, University of California at Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks to Take Off Calendar Motion to Compel Deposition of O.C.R. Representatives (Acero, George) Modified on 11/18/2005 (Dotson, B). (Entered: 11/17/2005)

Nov. 17, 2005

Nov. 17, 2005

62

PLAINTIFF(S) MOTION to CERTIFY CLASS by Arezou Mansourian, Lauren Mancuso, Nancy Nien−Li Chiang. Motion Hearing set for 2/24/2006 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Galles, Kristen) (Entered: 12/07/2005)

Dec. 7, 2005

Dec. 7, 2005

63

NOTICE by Arezou Mansourian, Lauren Mancuso, Nancy Nien−Li Chiang of hearing re 62 PLAINTIFF(S) MOTION to CERTIFY CLASS (Galles, Kristen) Modified on 12/8/2005 (Dotson, B). (Entered: 12/07/2005)

Dec. 7, 2005

Dec. 7, 2005

64

DECLARATION of Kristen Galles re 62 PLAINTIFF(S) MOTION to CERTIFY CLASS. (Galles, Kristen) (Entered: 12/07/2005)

Dec. 7, 2005

Dec. 7, 2005

65

DECLARATION of Lauren Mancuso re 62 PLAINTIFF(S) MOTION to CERTIFY CLASS. (Galles, Kristen) (Entered: 12/07/2005)

Dec. 7, 2005

Dec. 7, 2005

66

PROPOSED ORDER re 62 PLAINTIFF(S) MOTION to CERTIFY CLASS. (Galles, Kristen) (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

67

EXHIBIT A−G re 62 PLAINTIFF(S) MOTION to CERTIFY CLASS by Arezou Mansourian, Lauren Mancuso, Nancy Nien−Li Chiang. (Attachments: # 1 Exhibit A−B# 2 Exhibit C# 3 Exhibit D# 4 Exhibit E# 5 Exhibit F# 6 Exhibit G)(Galles, Kristen) Modified on 12/9/2005 (Dotson, B). (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

68

EXHIBIT H−M re 62 PLAINTIFF(S) MOTION to CERTIFY CLASS by Arezou Mansourian, Lauren Mancuso, Nancy Nien−Li Chiang. (Attachments: # 1 Exhibit J Part1# 2 Exhibit J Part2# 3 Exhibit K# 4 Exhibit L# 5 Exhibit M)(Galles, Kristen) Modified on 12/9/2005 (Dotson, B). (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

69

BRIEF in SUPPORT of 62 PLAINTIFF(S) MOTION to CERTIFY CLASS. (Galles, Kristen) Modified on 12/9/2005 (Dotson, B). (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

70

DECLARATION of Arezou Mansourian in support of 62 PLAINTIFF(S) MOTION to CERTIFY CLASS. (Galles, Kristen) Modified on 12/12/2005 (Dotson, B). (Entered: 12/10/2005)

Dec. 10, 2005

Dec. 10, 2005

71

STIPULATION in Support of Request for Order Allowing Motion to be Filed Under Seal 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: 12/28/2005)

Dec. 28, 2005

Dec. 28, 2005

72

PROPOSED ORDER to Seal Defendants' Motion to Compel Compliance with Subpoena for Medical Records . (Sheehan, Nancy) (Entered: 12/28/2005)

Dec. 28, 2005

Dec. 28, 2005

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
74

DISREGARD−WRONG IMAGE ATTACHED, SEE ENTRY 77 .[DEFENDANT(S) MOTION to COMPEL Compliance with Subpoena for Medical Records by Lawrence Swanson, Regents of the University of California, University of California at Davis, Pam Gill−Fisher, Robert Franks. Motion Hearing set for 2/8/2006 at 09:00 AM in Courtroom 25 (PAN) before Magistrate Judge Peter A. Nowinski]. (Sheehan, Nancy) Modified on 1/6/2006 (Duong, D). (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

75

MEMORANDUM/RESPONSE in SUPPORT of Defendants' Motion to Compel Compliance with Subpoena for Medical Records . (Attachments: # 1 Exhibit A# 2 Exhibit B − I)(Sheehan, Nancy) (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

76

PROPOSED ORDER re Defendants' Motion to Compel Compliance with Subpoena for Medical Records . (Sheehan, Nancy) (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

77

DEFENDANT(S) MOTION to COMPEL Compliance with Subpoena for Medical Records by Lawrence Swanson, Regents of the University of California, University of California at Davis, Pam Gill−Fisher, Robert Franks. Motion Hearing set for 2/8/2006 at 09:00 AM in Courtroom 25 (PAN) before Magistrate Judge Peter A. Nowinski. (Sheehan, Nancy) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

78

EX PARTE APPLICATION by Nancy Nien−Li Chiang for Reconsideration of Order Denying Stipulation to File Motion Under Seal. (Galles, Kristen) (Entered:

Jan. 6, 2006

Jan. 6, 2006

80

RESPONSE to Ex Parte Emergency Request to Reconsider Order Denying Stipulation to File Motion Under Seal . (Attachments: # 1 Declaration of George A. Acero in Support of Defendants' Response)(Sheehan, Nancy) Modified on 1/9/2006 (Reader, L). (Entered: 01/09/2006)

Jan. 9, 2006

Jan. 9, 2006

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
82

NOTICE by Arezou Mansourian, Lauren Mancuso, Nancy Nien−Li Chiang re 62 PLAINTIFF(S) MOTION to CERTIFY CLASS Amended Notice of Hearing (Galles, Kristen) (Entered: 01/12/2006)

Jan. 12, 2006

Jan. 12, 2006

83

AMENDED NOTICE of MOTION to compel 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) Modified on 1/23/2006 (Caspar, M). (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

84

EX PARTE APPLICATION to Extend Page Limit; Declaration of George A. Acero by Lawrence Swanson, Regents of the University of California, University of California at Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks for Page Limit Extension; Declaration of George A. Acero. (Sheehan, Nancy) (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

85

PROPOSED ORDER to Defendants' Ex Parte Application to Extend Page Limit . (Sheehan, Nancy) (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

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
87

MEMORANDUM/RESPONSE in OPPOSITION re 77 DEFENDANT(S) MOTION to COMPEL Compliance with Subpoena for Medical Records . (Galles, Kristen) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

88

REPLY to RESPONSE to MOTION to Compel Compliance With Subpoena for Medical Records . (Sheehan, Nancy) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

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
90

DEFENDANTS' MOTION to STRIKE plaintiff Nancy Nien−Li Chiang's Claim for Damages by Lawrence Swanson, Regents of the University of California, University of California at Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks. Motion Hearing set for 3/30/2006 at 11:00 AM in Courtroom 25 before Magistrate Judge John F. Moulds. (Sheehan, Nancy) Modified on 2/21/2006 (Marciel, M). (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

91

MEMORANDUM/RESPONSE in SUPPORT of defendants' Motion to Strike plaintiff Nancy Nien−Li Chiang's Claim for Damages . (Attachments: # 1 Exhibit A−B# 2 Exhibit C−D)(Sheehan, Nancy) Modified on 2/21/2006 (Marciel, M). (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

92

PROPOSED ORDER regarding defendants' Motion to Strike plaintiff Nancy Nien−Li Chiang's Claim for Damages . (Sheehan, Nancy) Modified on 2/21/2006 (Marciel, M). (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

93

NOTICE by Arezou Mansourian, Lauren Mancuso, Nancy Nien−Li Chiang re 82 Notice (Other), 63 Notice (Other) Amended Notice of Hearing on Class Certification (Galles, Kristen) (Entered: 02/21/2006)

Feb. 21, 2006

Feb. 21, 2006

95

FIRST AMENDED MOTION to STRIKE Plaintiff Nancy Nien−Li Chiang's Claim for Damages by Lawrence Swanson, Regents of the University of California, University of California at Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks. Motion Hearing set for 5/4/2006 at 11:00 AM in Courtroom 25 (PAN) before Magistrate Judge John F. Moulds. (Sheehan, Nancy) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

96

NOTICE of defendants' Disclosure of Rebuttal Expert Witness (Sheehan, Nancy) Modified on 3/15/2006 (Marciel, M). (Entered: 03/14/2006)

March 14, 2006

March 14, 2006

97

EX PARTE APPLICATION to Extend Page Limit of Summary Judgment Motion by Lawrence Swanson, Regents of the University of California, University of California at Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks. Declaration of George A. Acero. (Acero, George) Modified on 3/22/2006 (Donati, J). (Entered: 03/21/2006)

March 21, 2006

March 21, 2006

98

PROPOSED ORDER re: 97 Ex Parte Application to Extend Page Limit (Acero, George) Modified on 3/22/2006 (Donati, J). (Entered: 03/21/2006)

March 21, 2006

March 21, 2006

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
100

NOTICE by all defendants Ex Parte Application to Extend Page Limit for Defendant Larry Swanson's Motion for Summary Judgment; Declaration of George A. Acero (Acero, George) (Entered: 03/27/2006)

March 27, 2006

March 27, 2006

101

PROPOSED ORDER [Proposed] Order to Defendants' Ex Parte Application to Extend Page Limit for Defendant Larry Swanson's Motion for Summary Judgment by Lawrence Swanson, Regents of the University of California, University of California at Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill−Fisher, Robert Franks. (Acero, George) (Entered: 03/27/2006)

March 27, 2006

March 27, 2006

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

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-area:

Sports

Discrimination-basis:

Sex discrimination

Affected Gender:

Female