Case: Henkle v. Gregory

3:00-cv-00050 | U.S. District Court for the District of Nevada

Filed Date: Jan. 28, 2000

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On January 28, 2000, a former high school student who experienced persistent physical and verbal harassment at the hands of peers, sued the Washoe County School District in the U.S. District Court for the District of Nevada. The plaintiff, represented by private counsel and Lambda Legal, requested injunctive relief, attorneys' fees and costs, and compensatory and punitive damages for the District's content and viewpoint discrimination in violation of the First Amendment, and for violation of th…

On January 28, 2000, a former high school student who experienced persistent physical and verbal harassment at the hands of peers, sued the Washoe County School District in the U.S. District Court for the District of Nevada. The plaintiff, represented by private counsel and Lambda Legal, requested injunctive relief, attorneys' fees and costs, and compensatory and punitive damages for the District's content and viewpoint discrimination in violation of the First Amendment, and for violation of the Fourteenth Amendment's Equal Protection Clause based on sexual orientation and sex discrimination under 42 U.S.C. § 1983; sex-based discrimination in violation of Title IX of the Education Amendments of 1972, under 20 U.S.C. §§ 1681, et seq. and 42 U.S.C. § 1983; and violations of Nevada tort law.

Specifically, the plaintiff claimed that the District's failure to respond to persistent complaints of student harassment and abuse while he attended school in the District from 1994 until 1997 constituted intentional discrimination based on his sex and sexual orientation. These actions and omissions resulted in the plaintiff's physical and emotional harms and prevented him from obtaining a high school diploma, as the persistent abuse caused him to drop out of high school. The plaintiff also claimed that school officials required him to stay quiet about his sexual orientation, resulting in First Amendment violations.

On February 28, 2001, the Court (Magistrate Judge Robert A. McQuaid, Jr.) granted in part and denied in part the defendants' motion to dismiss the plaintiff's 1st, 2nd, 3nd, 4th, 7th, and 8th claims for relief. Henkle v. Gregory, 150 F. Supp. 2d 1067, 1078 (D. Nev. 2001). The Court granted the defendant's motion as to the plaintiff's equal protection claims and the Title IX claims brought under Section 1983, as there was a separate enforcement mechanism under Title IX that covered the substance of both claims under Section 1681. See id. at 1072-74. The Court also granted the defendant's motion as to the plaintiff's First Amendment punitive damages claim in so far as it related to one of the defendants acting in an official capacity. See id. at 1077-78. However, the Court denied the motion as to the plaintiff's First Amendment claim generally and in relation to his request for punitive damages against the defendants acting in their individual capacities, and his Title IX (§ 1681) claims against the School District. See id. at 1074-78.

On May 22, 2001, the Court granted the plaintiff's motion for reconsideration, reinstating his equal protection claim based on sexual orientation discrimination in light of a recent Ninth Circuit decision. The Court denied the plaintiff's motion for an interlocutory appeal and the defendant's qualified immunity defense.

The Court entered a stipulation of dismissal of one of the individually named defendants without prejudice on September 9, 2002, due to a settlement agreement reached between the parties. On September 13, the Court entered a stipulation of dismissal as to the remaining defendants with prejudice due to a separate settlement agreement. According to Lambda Legal, the settlement resulted in the award of $451,000 in damages to the plaintiff and required the School District to implement new employee training and discrimination policies, and to explicitly recognize freedom of expression in relation to sexual orientation in schools.

On January 17, 2013, the Court dismissed the claims against the remaining defendant, as she completed training required as part of the settlement agreement, closing the case.

Summary Authors

Stella Cernak (4/20/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/19503482/parties/derek-henkle-vs-ross-gregory/


Judge(s)

McQuaid, Robert A. Jr. (Nevada)

Attorneys(s) for Plaintiff

Davidson, Jon Warren (California)

Gewirtzman, Doni (California)

Obstler, Peter (California)

Robison, Kent R. (Nevada)

Simmons, Luann L. (California)

Sumpter, Rodney E. (Nevada)

Tubach, Michael F. (California)

Attorneys(s) for Defendant

Cox, C. Robert (Nevada)

Dyer, Michael W. (Nevada)

Judge(s)

McQuaid, Robert A. Jr. (Nevada)

Attorneys(s) for Plaintiff

Davidson, Jon Warren (California)

Gewirtzman, Doni (California)

Obstler, Peter (California)

Robison, Kent R. (Nevada)

Simmons, Luann L. (California)

Sumpter, Rodney E. (Nevada)

Tubach, Michael F. (California)

Attorneys(s) for Defendant

Cox, C. Robert (Nevada)

Dyer, Michael W. (Nevada)

Hsu, Rick R. (Nevada)

Jaime, Christopher D. (Nevada)

Expert/Monitor/Master

Malloy, Michael E. (Nevada)

Documents in the Clearinghouse

Document

3:00-cv-00050

Docket [PACER]

Derek Henkle v. Ross Gregory

Jan. 27, 2003

Jan. 27, 2003

Docket
1

3:00-cv-00050

Complaint

Jan. 28, 2000

Jan. 28, 2000

Complaint
22-2682385

3:00-cv-00050

First Amended Complaint

May 20, 2000

May 20, 2000

Complaint
54

3:00-cv-00050

Memorandum Decision and Order

Feb. 28, 2001

Feb. 28, 2001

Order/Opinion
61

3:00-cv-00050

Order

Henkle v Gregory

May 22, 2001

May 22, 2001

Order/Opinion
86

3:00-cv-00050

Stipulation for Dismissal Without Prejudice and Order

Henkle v. Rende

Sept. 10, 2002

Sept. 10, 2002

Order/Opinion
87

3:00-cv-00050

Stipulation for Dismissal with Prejudice; Order

Sept. 13, 2002

Sept. 13, 2002

Order/Opinion
88

3:00-cv-00050

Stipulation for Dismissal of Defendant Loretta Rende with Prejudice; Order

Jan. 18, 2003

Jan. 18, 2003

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/19503482/derek-henkle-vs-ross-gregory/

Last updated Aug. 30, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT obo P (Entered: 02/10/2003)

Jan. 28, 2000

Jan. 28, 2000

PACER

SUMMONS ISSUED no text

Jan. 28, 2000

Jan. 28, 2000

PACER
2

CERTIFICATE OF INTERESTED PARTIES obo P (Entered: 02/10/2003)

Jan. 28, 2000

Jan. 28, 2000

PACER

MISCELLANEOUS DOCUMENT verified petition frm Done Gewirtzman and Jon W. Davidson w/o designation of local cnsl. (placed on left hand side of fldr

Jan. 31, 2000

Jan. 31, 2000

PACER
3

VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE approved as to Doni Gewirtzman, out of state cnsl for P. (Entered: 02/10/2003)

March 13, 2000

March 13, 2000

PACER
4

VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE approved as to Jon W. Davidson, out of state cnsl for P (Entered: 02/10/2003)

March 13, 2000

March 13, 2000

PACER
5

DESIGNATION OF LOCAL COUNSEL approved as to Rodney E. Sumpter, Loc cnsl for out of state cnsl Doni Gewirtzman, cnsl for P (Entered: 02/10/2003)

March 16, 2000

March 16, 2000

PACER
6

DESIGNATION OF LOCAL COUNSEL approved as to Rodney E. Sumpter, loc cnsl for out of state cnsl Jon Davidson, obo P. (Entered: 02/10/2003)

March 16, 2000

March 16, 2000

PACER
8

SUMMONS RETURNED EXECUTED as to Denise Hausauer prnsly srvd on 5/9/00 (Entered: 02/10/2003)

May 16, 2000

May 16, 2000

PACER
9

SUMMONS RETURNED EXECUTED as to Loretta Rende svd prnsly on 5/9/00 (Entered: 02/10/2003)

May 16, 2000

May 16, 2000

PACER
12

SUMMONS RETURNED EXECUTED as to Arnel ramilo srvd prnsly on 5/11/00 (Entered: 02/10/2003)

May 16, 2000

May 16, 2000

PACER
14

VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE approvas as to out of state cnsl Michael Tubach, cnsl for P. Receipt #9816 (Entered: 02/10/2003)

May 16, 2000

May 16, 2000

PACER
15

DESIGNATION OF LOCAL COUNSEL as to Rodney Sumpter, loc cnsl for out of state cnsl Michael Tubach, cnsl for P (Entered: 02/10/2003)

May 16, 2000

May 16, 2000

PACER
7

SUMMONS RETURNED EXECUTED as to Ross Gregory srvd prsnly on 5/9/00 (Entered: 02/10/2003)

May 16, 2000

May 16, 2000

PACER
10

SUMMONS RETURNED EXECUTED as to Serena Robb srvd prnly on 5/10/00 (Entered: 02/10/2003)

May 16, 2000

May 16, 2000

PACER
11

SUMMONS RETURNED EXECUTED as to Glen Selby srvd prnsly on 5/9/00 (Entered: 02/10/2003)

May 16, 2000

May 16, 2000

PACER
13

NOTICE (OTHER) of assoc of csnl of Peter Obstler, Michael F. Tubach and Luann L. Simmons of the law firm O'Melveny & Myers LLP as co cnsl w/existing cnsls for P. (m) (Entered: 02/10/2003)

May 16, 2000

May 16, 2000

PACER
16

VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE approved as to Peter Obstler, out of state cnsl for P (receipt #9816) (Entered: 02/10/2003)

May 16, 2000

May 16, 2000

PACER
17

DESIGNATION OF LOCAL COUNSEL approved as to Rodney Sumpter, loc cnsl for out of state cnsl Peter Obstler (Entered: 02/10/2003)

May 16, 2000

May 16, 2000

PACER
18

VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE approved as to Luann L. Simmons, out of state cnsl for P (Entered: 02/10/2003)

May 19, 2000

May 19, 2000

PACER
19

DESIGNATION OF LOCAL COUNSEL approved as to Rodney E. Sumpter, loc cnsl for out of state cnsl Luann L. Simmons, cnsl for P. (Entered: 02/10/2003)

May 19, 2000

May 19, 2000

PACER
20

MOTION FOR MISCELLANEOUS RELIEF for enlargement tm to effect service of process on D, Robert Floyd obo P (Entered: 02/10/2003)

May 22, 2000

May 22, 2000

PACER
21

ORDER P has till 8/1/2000 to effect service of the summons and complaint upon Robert Floyd. mld 5/24/00 (Entered: 02/10/2003)

May 23, 2000

May 23, 2000

PACER
22

AMENDED COMPLAINT first obo P. added D Washoe County School District. (Entered: 02/10/2003)

May 30, 2000

May 30, 2000

PACER
23

MAIL RETURNED as to Item #21 #22 addressd to Michael Tubach (co-counel for P) marked return to sender. (Entered: 02/10/2003)

June 5, 2000

June 5, 2000

PACER
24

ORDER action referred to the clerk of court for reassigmt. (Entered: 02/10/2003)

June 5, 2000

June 5, 2000

PACER
25

ORDER aciton reassigned to JBR for all further procedngs; counsel advised all further docs shall bear correct case # CV-N-00-0050-JBR(RAM); clk is directed to change file & docket to reflect reassig,t (Entered: 02/10/2003)

June 12, 2000

June 12, 2000

PACER
26

CERTIFICATE OF SERVICE as to Item #22 upon Robert Cox agent designated to accpt service upon Ds obo P (m) (Entered: 02/10/2003)

June 21, 2000

June 21, 2000

PACER
27

MOTION TO DISMISS 1st, 2d, 3d, 4th, 7th, 8th claims for relief and claim for punitive damages obo Ds, Indiv Ds and Washoe County School District. (m) (Entered: 02/10/2003)

June 30, 2000

June 30, 2000

PACER
28

RESPONSE IN OPPOSITION TO MOTION to mtn to dism (#27) obo P. (m) (Entered: 02/10/2003)

July 17, 2000

July 17, 2000

PACER

SUMMONS ISSUED as to Robert Floyd

July 21, 2000

July 21, 2000

PACER
29

ORDER ON STIPULATION all discovery in this action stayed until mtn to dism (#27) is ruled upon. mld 7/24/00 (Entered: 02/10/2003)

July 21, 2000

July 21, 2000

PACER
30

ORDER Teleph conf is sched for 7/28/00, 4pm. cnsl telph notif. mld 7/27/00 (Entered: 02/10/2003)

July 26, 2000

July 26, 2000

PACER
31

RESPONSE TO MOTION to doc #28 by directing the Crt to Tanner v Prima Dnona Resorts, attached hereto as exhbt A obo P. (m) (Entered: 02/10/2003)

July 27, 2000

July 27, 2000

PACER
33

MOTION FOR MISCELLANEOUS RELIEF to exceed page limit obo Indiv Ds and Washoe County School District. (m) (Entered: 02/10/2003)

July 28, 2000

July 28, 2000

PACER
32

MISCELLANEOUS HEARING dtd 7/28/00: Crt discloses to parties tht his son is an assoc in the law firm of Walther, Key, Maupin, etc. whch represents ds in this case and that his son has nothing to do with this or other cases assigned to this Court. Ps cnsl (Entered: 02/10/2003)

July 28, 2000

July 28, 2000

PACER
34

ORDER Crt has considered Ds ex parte application to exceed page limits; good cause appearing, it is hereby ordered that D's application is granted. mld 7/31/00 (Entered: 02/10/2003)

July 28, 2000

July 28, 2000

PACER
36

MOTION FOR PROTECTIVE ORDER limited: to staying discv pend dec on mtn to dism/req for qualified immunity obo Ds. (m) (Entered: 02/10/2003)

July 31, 2000

July 31, 2000

PACER
35

REPLY TO RESPONSE TO MOTION to oppo (#28) to mtn to dism (#27) obo Ds. (m) (Entered: 02/10/2003)

July 31, 2000

July 31, 2000

PACER
37

SUMMONS RETURNED EXECUTED as to Robert Floyd personally srvd on 7/31/00 (Entered: 02/10/2003)

Aug. 1, 2000

Aug. 1, 2000

PACER
38

MOTION FOR JOINDER of D, Robert Floyd, ion D's Mtn to dism (#27) (Entered: 02/10/2003)

Aug. 10, 2000

Aug. 10, 2000

PACER
39

SCHEDULING ORDER disc c/o 7/2/2001; dispo mtn c/o 8/1/2001; jptno due 8/31/2001 (Entered: 02/10/2003)

Aug. 16, 2000

Aug. 16, 2000

PACER

MISCELLANEOUS DOCUMENT Signed consents to proceed bef USMJ.

Aug. 17, 2000

Aug. 17, 2000

PACER

MISCELLANEOUS DOCUMENT received P's Henkle's opposition to D's mtn for limited protective order staying discovery (#36). (faxed cpy)

Aug. 18, 2000

Aug. 18, 2000

PACER
40

RESPONSE IN OPPOSITION TO MOTION to D's mtn for limited protective order staying discovery #26 obo P. (m) (Entered: 02/10/2003)

Aug. 21, 2000

Aug. 21, 2000

PACER
41

REPLY TO RESPONSE TO MOTION to P's oppo (#40) to D's mtn for limited protective order staying discovery obo Ds, Indiv Ds and the Washoe County School District. (m) (Entered: 02/10/2003)

Sept. 1, 2000

Sept. 1, 2000

PACER
42

MISCELLANEOUS DOCUMENT to d's reply (#41) obo Ds. Indiv ds and Washoe County School District. (m) (Entered: 02/10/2003)

Sept. 5, 2000

Sept. 5, 2000

PACER
43

MOTION FOR JOINDER in D's mtn for limited Protective stay (#36) obo D, Robert Floyd. (m) (Entered: 02/10/2003)

Sept. 5, 2000

Sept. 5, 2000

PACER
45

ORDER the above entitled action is hereby reassigned to the Honorable Kent J. Dawson, USDJ, for all fur proceedings. Cnsl are advsd to all fur doc sh bear correct case # CV-N-00-0050-KJD(RAM). Clk of Crt is dir to change file and docket to reflect his a (Entered: 02/10/2003)

Sept. 11, 2000

Sept. 11, 2000

PACER
44

ORDER Ds hereby withdraw the mtn for limited protective order and parties sh bear their own fees and costs incurred in moving for and opposing the pend protective order mtn (#36); P Henkle sh not srv any disc on divi Ds Gregory Hausauer, Rende Floyd Robb, (Entered: 02/10/2003)

Sept. 11, 2000

Sept. 11, 2000

PACER
46

ORDER above entitled action is hereby refer to the hon ROBERT A. MCQUAID< Jr, USMJ, for all fur proceedings and entry of final judgment in accord with LR IB 2-1. Cnsl are advsd that all fur docs sh bear the correct case # CV-N-00-0050-RAM. Clk of Crt is (Entered: 02/10/2003)

Sept. 15, 2000

Sept. 15, 2000

PACER
47

ORDER ORD that this case be refer to Honr ROBERT A. MCQUAID, JR, USMJ for all fur procedings and entry of judgment in accor w/ 28 usc 636(c), FRCivP 73 and the foregoing consent of all parties. (Entered: 02/10/2003)

Sept. 15, 2000

Sept. 15, 2000

PACER
48

ORDER ON MOTION TO SUBSTITUTE ATTORNEY ord Kent Robison, Esq, subs in as loc cnsl and Rodney E. Sumpter, subs out as loc cnsl for P. mld 9/27/00 (Entered: 02/10/2003)

Sept. 25, 2000

Sept. 25, 2000

PACER

MISCELLANEOUS DOCUMENT stip for protective order re discovery;

Oct. 19, 2000

Oct. 19, 2000

PACER
49

ORDER ON STIPULATION for protective ord re: discovery, whereas, the parties to the above captioned actn seek disc of info & recs tht may be subj to the privacy protections of the Federal Educational Records Protection Act ("FERPA') & other privacy rights (Entered: 02/10/2003)

Oct. 20, 2000

Oct. 20, 2000

PACER
50

ORDER hearing set 11/16/00 at 9am re D's mtn to dism (#27). Cnsl teleph notif.. mld 11/1/00 (Entered: 02/10/2003)

Oct. 26, 2000

Oct. 26, 2000

PACER

MISCELLANEOUS DOCUMENT REQ to supplement oppo (#28 ) to Ds mtn to dism (#27) obo P. Faxed Cpy

Nov. 14, 2000

Nov. 14, 2000

PACER
51

RESPONSE IN OPPOSITION TO MOTION to P's req for leave to supplement (#see event entry dtd 11/14/00) obo Ds. (Entered: 02/10/2003)

Nov. 15, 2000

Nov. 15, 2000

PACER
52

MISCELLANEOUS HEARING re Ds mtn to dism (#27) dtd 11/16/00: ORD that this matter is taken under submission. (C/R Cathy Worken) mld 11/17/00 (Entered: 02/10/2003)

Nov. 16, 2000

Nov. 16, 2000

PACER
53

MOTION FOR PROTECTIVE ORDER obo Shane Tacket and Paul Edgington, (Washoe County School District) . (m) (Entered: 02/10/2003)

Nov. 27, 2000

Nov. 27, 2000

PACER
54

ORDER D's mtn to dism P's 1st, 2d, 7th, 8th claims for relief is granted. D's mtn to dism P's 3d 4th claims for relief is denied; D's mtn to dism the punitive damages claims agnst D, Gregory in his official capacity in the 3d and 4th Claims for relief is (Entered: 02/10/2003)

Feb. 28, 2001

Feb. 28, 2001

PACER
55

ORDER teleph status conf set 3/13/01 230pm. cnsl teleph notif. mld 3/7/01 (Entered: 02/10/2003)

March 6, 2001

March 6, 2001

PACER
56

MISCELLANEOUS HEARING re teleph status conf dtd 3/13/01: ORD mtn for reconsideration/mtn for certification obo P sh be submitted to the court after it has been briefed. Aftr the court rules on thoses mtns, sheduling issues will be discussed. (tape 01- (Entered: 02/10/2003)

March 13, 2001

March 13, 2001

PACER
57

MOTION FOR RECONSIDERATION and reinstating his first claim for relief, or alt, leave to amend that claim and for certifying for interlocutory appeal purs to 28 USC 1292(b) re doc #54 obo P. (m) (Entered: 02/10/2003)

March 14, 2001

March 14, 2001

PACER
58

ORDER D hv til 4/6/01 to file/srv rspn to mtn for reconsider. mld 3/30/01 (Entered: 02/10/2003)

March 29, 2001

March 29, 2001

PACER
59

RESPONSE IN OPPOSITION TO MOTION to P's mtn for reconsideration (#57) obo Ds. (m) (Entered: 02/10/2003)

April 6, 2001

April 6, 2001

PACER
60

REPLY TO RESPONSE TO MOTION in spt of mtn for reconsideration (#57 ) obo P, Henkle. (m) (Entered: 02/10/2003)

April 20, 2001

April 20, 2001

PACER
61

ORDER tht pltf's mtn for reconsidertion (#57) is granted & pltf's 1st clm for relief is reinstated. Tht the mtn for certfication of Interlocutory Appeal (#57) is denied. Tht Pltf's req for a ruling on defts' qualified immunity defense is denied as moot (Entered: 02/10/2003)

May 22, 2001

May 22, 2001

PACER
62

ORDER a status conf to set the disc plan sched ord is sched 6/15/01 @ 10am., (Entered: 02/10/2003)

June 1, 2001

June 1, 2001

PACER
63

ORDER At the req of Mr. Obstler, the Status Conf to set the disc plan & S/O tht is sched on Friday 6/15/01 @ 10:30am., is rescheduled to Tuesday June 12, 2001 @ 10:30am. Mr. Obstler & Mr. Cox hv been tel notified. (Entered: 02/10/2003)

June 4, 2001

June 4, 2001

PACER
64

ANSWER TO COMPLAINT to First Amended Complaint (#22) obo Ds. (m) (Entered: 02/10/2003)

June 8, 2001

June 8, 2001

PACER
65

MISCELLANEOUS HEARING re status conf to set disc plan and sched order dtd 6/12/01 (RAM) disc deadline 11/30/01; Dispo mtn c/o 3/22/02; JPTNO/mtn limine due 4/26/02. Trial to commence 6/18/02, 9am; Upon stip disc c/o extend 3/15/02, dispo mtn deadline ex (Entered: 02/10/2003)

June 12, 2001

June 12, 2001

PACER
66

ORDER ON STIPULATION parties agree that only persons ID below sh hv access to teh conf info obtain by P during the oucrt of pretrial dsc in this case; conf info sh be safeguard by P who sh ensure that only the fol persons sh have access to conf info; P, P (Entered: 02/10/2003)

July 13, 2001

July 13, 2001

PACER
67

MOTION FOR MISCELLANEOUS RELIEF (ex parte) for order shortening time from 15 days to 6 days on whch this application and mtn for disqualification (#68) be responded by obo Indiv D and Washoe County School District. (m) (Entered: 02/10/2003)

July 26, 2001

July 26, 2001

PACER
68

MOTION FOR MISCELLANEOUS RELIEF for disqualification of cnsl; stay of action purs to insurance rehabilitation and protective order obo Indiv Ds and Washoe County School District. (m) (Entered: 02/10/2003)

July 26, 2001

July 26, 2001

PACER
69

ORDER D's ex parte applctn for order shortening time (#67) whch Ds rep is unopposed, is granted. P's oppo to D's mtn for disqual of cnsl, stay of action, and protect ord (#68) sh be filed and srvd no later than 8/1/01, and D's reply to P's oppo sh be fil (Entered: 02/10/2003)

July 27, 2001

July 27, 2001

PACER
70

RESPONSE IN OPPOSITION TO MOTION to Ds' mtn for disqualif (# 68 ) obo P. (m) (Entered: 02/10/2003)

Aug. 1, 2001

Aug. 1, 2001

PACER
71

DECLARATION of Peter Obstler in spt of P's Oppo (#70) obo P. (Entered: 02/10/2003)

Aug. 1, 2001

Aug. 1, 2001

PACER
72

DECLARATION in spt of Oppo (#70) obo P. (Entered: 02/10/2003)

Aug. 1, 2001

Aug. 1, 2001

PACER
73

DECLARATION of Michael F. Tubach in spt of Oppo (#70) obo P (Entered: 02/10/2003)

Aug. 1, 2001

Aug. 1, 2001

PACER
74

DECLARATION of Jon W. Davidson in spt of oppo (#70) obo P (Entered: 02/10/2003)

Aug. 1, 2001

Aug. 1, 2001

PACER
77

NOTICE (OTHER) of filing of original pleadings re doc #s 70-74 on 8/1/01 obo P. (m) (Entered: 02/10/2003)

Aug. 3, 2001

Aug. 3, 2001

PACER
75

RESPONSE IN OPPOSITION TO MOTION To Ds mtn for disqual (#68 ) obo P. (m) (Entered: 02/10/2003)

Aug. 3, 2001

Aug. 3, 2001

PACER
76

REPLY TO RESPONSE TO MOTION to P's oppo (#75) to mtn to disqual (#68) obo Ds. (m) (Entered: 02/10/2003)

Aug. 3, 2001

Aug. 3, 2001

PACER
78

MOTION TO STRIKE portions of D's reply brief or in alt, for leave to file a sur-reply obo P. (m) (sur-reply attached. ) (Entered: 02/10/2003)

Aug. 10, 2001

Aug. 10, 2001

PACER
79

RESPONSE TO MOTION to mtn to strike portions (#78) obo Ds. (m) (Entered: 02/10/2003)

Aug. 13, 2001

Aug. 13, 2001

PACER
80

MISCELLANEOUS HEARING re doc #68 dtd 8/14/01: ORD mtn for disqualification of cnsl, stay of action, and protetive order #68 is denied; mtn for protective order is denied and disc sh go forward. The 30(b)(6) depo vac by the court will be resched. (C/R C (Entered: 02/10/2003)

Aug. 15, 2001

Aug. 15, 2001

PACER
81

ORDER ON MOTION FOR PROTECTIVE ORDER between parties (see ord for spfcs) (Entered: 02/10/2003)

Sept. 5, 2001

Sept. 5, 2001

PACER
82

ORDER at req of cnsl, teleph status conf is sched for 12/13/01, 10am. Mr Obstler/Cox have been teleph notif. (Entered: 02/10/2003)

Nov. 26, 2001

Nov. 26, 2001

PACER
83

MISCELLANEOUS HEARING dtd 12/13/01 re teleph status conf: J/t is cont from 6/18/02 to 11/4/02, 830am. Trial is expected to last 10 days. Cnsl will submit an amended discv plan and sched order. (tape 01-143) (Entered: 02/10/2003)

Dec. 13, 2001

Dec. 13, 2001

PACER
84

SCHEDULING ORDER (AMENDED) Disc c/o 7/26/02; disp mtn 8/9/02; JPTNO 10/3/02. (Entered: 02/10/2003)

Jan. 25, 2002

Jan. 25, 2002

PACER
85

PRETRIAL NOTICE ORDER Parties hv til 10/3/02 to lodge with court a proposed written pretrial order. (Entered: 02/10/2003)

Sept. 10, 2002

Sept. 10, 2002

PACER
86

ORDER ON MOTION TO DISMISS Parties, P and D, Loretta Rende, only sh be dism w/o prej with Henkle and Rende to bear their own respective costs, expenses, and atty fees incurred. (Entered: 02/10/2003)

Sept. 10, 2002

Sept. 10, 2002

PACER
87

ORDER ON MOTION TO DISMISS that in accord with the terms of the settlement agreement dtd 8/28/02 that the action is dism with prej as to all Ds EXCEPT D, Loretta Rende, the P and Ds hereby so dism to each bear their own attys fees and costs incurred, and (Entered: 02/10/2003)

Sept. 13, 2002

Sept. 13, 2002

PACER
88

ORDER ON STIPULATION parties stip that D Loretta Rende has completed the training required purs to underlying settlement agreement and that therefore this cae sh be dism with prej as to D, Rende, each party to bear their own atty's fees and assoc costs. (Entered: 02/10/2003)

Jan. 17, 2003

Jan. 17, 2003

PACER
89

NOTICE OF CHANGE OF ADDRESS re Lambda Legal Defense and Education Fund, Inc: 3325 Wilshire Blvd, Ste 1300Los Angeles, CA 90010. 213-382-7600-phone; 213-351-6050-Fax; E-mail LambdaLegal.org (Entered: 02/10/2003)

Jan. 27, 2003

Jan. 27, 2003

PACER

Case Details

State / Territory: Nevada

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 28, 2000

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A former high school student who was continuously physically and verbally harassed based on his sex and sexual orientation, sued his school district.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Washoe County School District, School District

Defendant Type(s):

Elementary/Secondary School

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

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 451,000

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

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

Hire

Other requirements regarding hiring, promotion, retention

Issues

General:

Aggressive behavior

Failure to discipline

Failure to supervise

Failure to train

Gay/lesbian/transgender

Staff (number, training, qualifications, wages)

Suicide prevention

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Male

Type of Facility:

Government-run