Case: Gwinn v. Tulsa School District 9

4:01-cv-00460 | U.S. District Court for the Northern District of Oklahoma

Filed Date: June 27, 2001

Closed Date: March 26, 2002

Clearinghouse coding complete

Case Summary

Parents, as next of friend of their minor daughters, filed suit on June 27, 2001 in the U.S. District Court for the Northern District of Oklahoma against Independent School District #9 of Tulsa County, also known as Union Public Schools, seeking declaratory and injunctive relief. The complaint alleged that the school district had violated Title IX of the Education Amendment of 1972, 20 U.S.C. § 1681 by denying female students, specifically female softball players equal access to interscholastic…

Parents, as next of friend of their minor daughters, filed suit on June 27, 2001 in the U.S. District Court for the Northern District of Oklahoma against Independent School District #9 of Tulsa County, also known as Union Public Schools, seeking declaratory and injunctive relief. The complaint alleged that the school district had violated Title IX of the Education Amendment of 1972, 20 U.S.C. § 1681 by denying female students, specifically female softball players equal access to interscholastic and school-sponsored athletics.

Specifically, the plaintiffs alleged that the school had discriminated against female softball players in the funding of athletics, equipment and supplies, the scheduling of practice times, travel and meals, assignment and compensation of coaches, provision of locker rooms and facilities for both practice and competition, and the provision of training facilities and services. The plaintiffs sought class certification for all present and future female students wishing to participate in softball at Union Public Schools.

The parties held a settlement conference on December 13, 2001 before Magistrate Judge Claire V. Eagan. On February 12, 2002, the parties submitted a joint stipulation of dismissal to Federal District Judge Sven Erik Holmes. Judge Holmes granted the plaintiffs' motion for class certification and accepted the parties' settlement agreement on March 26, 2002.

In the settlement agreement, the defendant school district agreed to maintain accounting records for expenditures and revenues for male and female sports and to provide a copy of such record to a requesting party. The school district also agreed to maintain a substantially equal ratio to coaches for both the baseball and softball teams, negotiate for equalized salaries for softball and baseball coaches, provide access to the weight rooms on a gender-neutral basis and equip weight rooms with equipment appropriate for female athletes, and maintain practice and competition facilities on a gender-neutral basis. Additionally, the school district agreed to provide softball players with a designated locker/dressing area, ensure that private donations benefit the softball team on an equitable and gender-neutral basis as compared with other athletic teams, and increase promotion of the district's commitment to providing an equal opportunity to male and female students through publication and distribution of the Student Handbook, which would include a grievance process for parents and students. Oversight of compliance with the settlement agreement was referred to the district's Title IX Officer.

The case was dismissed on March 26, 2002.

Summary Authors

Carlyn Williams (2/10/2014)

People


Judge(s)

Eagan, Claire None (Oklahoma)

Holmes, Sven Erik (Oklahoma)

McCarthy, Frank H. (Oklahoma)

Attorneys(s) for Plaintiff

Schiller, Samuel (Tennessee)

Yasser, Raymond (Oklahoma)

Attorneys(s) for Defendant

Long, Karen Lea (Oklahoma)

Judge(s)

Eagan, Claire None (Oklahoma)

Holmes, Sven Erik (Oklahoma)

McCarthy, Frank H. (Oklahoma)

Attorneys(s) for Plaintiff

Schiller, Samuel (Tennessee)

Yasser, Raymond (Oklahoma)

Attorneys(s) for Defendant

Long, Karen Lea (Oklahoma)

Documents in the Clearinghouse

Document

Docket [PACER]

Gwinn v. Tulsa Sch. Dist 9

March 26, 2002 Docket
1

Complaint

Gwinn v. Tulsa Sch. Dist 9

2001 WL 34784312

June 27, 2001 Complaint
17

Joint Stipulation of Dismissal

Gwinn v. Tulsa Sch. Dist 9

Feb. 12, 2002 Settlement Agreement
21

Settlement Agreement

Gwinn v. Tulsa Sch. Dist 9

March 25, 2002 Settlement Agreement
20

Order for Class Action Certification

Gwinn v. Tulsa Sch. Dist 9

March 25, 2002 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT (Summons(es) issued) (Consent form sent) (fee status: pd ) (lml, Dpty Clk) (Entered: 06/28/2001)

June 27, 2001

FILING FEE PAID IN FULL by plaintiff Ron Gwinn, plaintiff Bobbie Gwinn, plaintiff Marla Stanford, plaintiff Jeannie Whitten, plaintiff Barry Whitten on 6/27/01 in the amount of $ 150.00 receipt # 97824 (fee status: pd ) (lml, Dpty Clk) (Entered: 06/28/2001)

June 27, 2001
2

ATTORNEY APPEARANCE for plaintiff Ron Gwinn, plaintiff Bobbie Gwinn by Samuel J Schiller (sac, Dpty Clk) (Entered: 06/29/2001)

June 29, 2001
3

ATTORNEY APPEARANCE for defendant Tulsa Sch Dist 9 by Karen Lea Long (crp, Dpty Clk) (Entered: 07/19/2001)

July 19, 2001
4

MOTION by defendant Tulsa Sch Dist 9 to extend time to answer cmplnt until 8/7/01 (crp, Dpty Clk) (Entered: 07/19/2001)

July 19, 2001
5

ORDER by Court Clerk granting motion to extend time to answer cmplnt until 8/7/01 [4−1] (cc: mvt counsel) (crp, Dpty Clk) (Entered: 07/19/2001)

July 19, 2001
6

ANSWER by defendant Tulsa Sch Dist 9 to complaint [1−1] (sac, Dpty Clk) (Entered: 08/08/2001)

Aug. 7, 2001
7

ORDER by Judge Sven Erik Holmes directing parties to submit a Joint Status Report on or before 9/10/01 (cc: all counsel) (sac, Dpty Clk) (Entered: 08/31/2001)

Aug. 31, 2001
8

JOINT STATUS REPORT Received (sac, Dpty Clk) (Entered: 09/11/2001)

Sept. 10, 2001
9

ORDER by Magistrate Judge Claire V. Eagan SETTLMT CONF set for 9:30 11/5/01 before Magistrate Judge Claire V. Eagan (cc: all counsel) (sjm, Dpty Clk) (Entered: 09/24/2001)

Sept. 24, 2001
10

NOTICE by plaintiff Barry Whitten, plaintiff Jeannie Whitten, plaintiff Marla Stanford, plaintiff Bobbie Gwinn, plaintiff Ron Gwinn of change of address of cnsl, Samuel J Schiller Law Firm to: Schiller Law Firm, 4113 Cumby Rd, Suite 200, Cookeville, TN 38501 (931) 528−5050, fax (931) 528−5051 (crp, Dpty Clk) (Entered: 09/25/2001)

Sept. 24, 2001
11

SCHEDULING ORDER by Judge Sven Erik Holmes ; motion filing ddl set for 2/8/02 ; discovery due 1/17/02 ; proposed pretrial order due 5/24/02 ; SUMMARY JUDGMENT HRG set for 1:30 3/8/02 ; PRETRIAL CONF set for 1:30 5/31/02 ; JURY TRIAL set for 9:30 6/17/02 (see sched ord for further ddlns) (cc: all cnsl) (sac, Dpty Clk) (Entered: 09/26/2001)

Sept. 25, 2001
12

MOTION by defendant Tulsa Sch Dist 9 to continue/resched stlmnt conf (o2CVE) (pll, Dpty Clk) (Entered: 10/16/2001)

Oct. 15, 2001
13

MINUTE ORDER: by Judge Sven Erik Holmes referring to Magistrate Judge Claire V. Eagan the motion to continue/resched stlmnt conf (o2CVE) [12−1] (pll, Dpty Clk) (Entered: 10/16/2001)

Oct. 16, 2001
14

ORDER by Magistrate Judge Claire V. Eagan granting motion to resched stlmnt conf [12−1]; SETTLMT CONF reset for 10:30 11/20/01 before Magistrate Judge Claire V. Eagan (cc: all counsel) (crp, Dpty Clk) (Entered: 10/17/2001)

Oct. 16, 2001
15

SETTLEMENT CONFERENCE STATUS REPORT: SETTLEMENT CONF reset for 9:30 11/19/01 before Magistrate Judge Claire V. Eagan (cc: all counsel) (crp, Dpty Clk) (Entered: 10/22/2001)

Oct. 22, 2001
16

SETTLEMENT CONFERENCE REPORT by Judge Claire V. Eagan ; settlement conference held 12/13/01 ; advising litigation was settled; dismissal jt mtn for class cert &apprvl of stlmt agrmt due 1/20/02 (sac, Dpty Clk) (Entered: 12/14/2001)

Dec. 13, 2001
17

JOINT STIPULATION OF DISMISSAL by defendant Tulsa Sch Dist 9, plaintiff Barry Whitten, plaintiff Jeannie Whitten, plaintiff Marla Stanford, plaintiff Bobbie Gwinn, plaintiff Ron Gwinn ; CASE DISMISSED s/reservatio of juris to enfrc stlmt agrmt (sac, Dpty Clk) (Entered: 02/13/2002)

Feb. 12, 2002
18

STIPULATION (RELEASE AND SETTLEMENT OF CLAIM FOR ATTORNEY FEES AND COSTS) (sac, Dpty Clk) (Entered: 02/13/2002)

Feb. 12, 2002

PROPOSED Order re: class action certification; forwarded to: seh−j (sac, Dpty Clk) (Entered: 02/13/2002)

Feb. 12, 2002

PROPOSED Settlement Agreement submitted by defendant Tulsa Sch Dist 9, plaintiff Barry Whitten, plaintiff Jeannie Whitten, plaintiff Marla Stanford, plaintiff Bobbie Gwinn, plaintiff Ron Gwinn (forwarded to seh−j) (sac, Dpty Clk) (Entered: 02/13/2002)

Feb. 12, 2002
19

MOTION by defendant Tulsa Sch Dist 9, plaintiff Barry Whitten, plaintiff Jeannie Whitten, plaintiff Marla Stanford, plaintiff Bobbie Gwinn, plaintiff Ron Gwinn to certify class action (sac, Dpty Clk) (Entered: 03/20/2002)

March 20, 2002
20

ORDER FOR CLASS CERTIFICATION by Judge Sven Erik Holmes granting motion to certify class action [19−1]; it is ordered that pltfs need not provide any formal ntc to members of the certified class (cc: all counsel) (crp, Dpty Clk) (Entered: 03/28/2002)

March 26, 2002
21

ORDER (SETTLEMENT AGREEMENT) by Judge Sven Erik Holmes (See agreement for details) (cc: all counsel) (crp, Dpty Clk) (Entered: 03/28/2002)

March 26, 2002

State / Territory: Oklahoma

Case Type(s):

Education

Key Dates

Filing Date: June 27, 2001

Closing Date: March 26, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Parents and next of friends of minor female students of Union Public Schools in Tulsa, Oklahoma.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Independent School District 9 (Tulsa, Tulsa), School District

Defendant Type(s):

Elementary/Secondary School

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)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2002 - None

Content of Injunction:

Reporting

Recordkeeping

Develop anti-discrimination policy

Issues

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run