Case: DH v. Ponca City Independent School District No. 71

4:06-cv-00523 | U.S. District Court for the Northern District of Oklahoma

Filed Date: Sept. 27, 2006

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On September 27, 2006, parents, as next friends of their minor daughters, filed a lawsuit in the United States District Court for the Northern District of Oklahoma under 42 U.S.C. § 1983 and Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq. against Ponca City Independent School District No. 71, also known as Ponca City Public Schools. Plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, claiming that Ponca City Public Schools …

On September 27, 2006, parents, as next friends of their minor daughters, filed a lawsuit in the United States District Court for the Northern District of Oklahoma under 42 U.S.C. § 1983 and Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq. against Ponca City Independent School District No. 71, also known as Ponca City Public Schools. Plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, claiming that Ponca City Public Schools had violated Title IX of the Education Amendment of 1972, 20 U.S.C. § 1681, by denying plaintiffs' daughters' equal access to interscholastic and other school-sponsored athletics. Specifically, plaintiffs claimed that Ponca City Public Schools had discriminated against plaintiffs' daughters in the funding of athletics; access to equipment and supplies; the scheduling of games and practice times; the assignment and compensation of coaches; and the provision of locker rooms and facilities for both practice and competition and training facilities and services.

The parties held settlement conferences before the District Court for the Northern District of Oklahoma (Magistrate Judge Sam A. Joyner) on January 12, 2007 and March 27, 2007. On April 9, 2007, the parties entered into a settlement agreement that settled all claims, except that they agreed to submit the issue of attorneys' fees and costs to be awarded to the court for determination on the basis of briefs submitted. On September 11, 2007, the Court (Magistrate Judge Sam A. Joyner) reported and recommended that plaintiffs' motion for awarding of attorneys' fees and costs be granted in part and denied in part, and awarded plaintiffs $39965.33, which was to be paid by defendants. On September 26, 2007, the Court (Federal District Judge Claire V. Eagan) ordered that the magistrate judge's report and recommendation be accepted. On September 28, 2007, the parties submitted a joint stipulation of dismissal with prejudice to the Court.

While the settlement agreement is not available, media reports state that the defendant agreed to improve the softball field and upgrade the plaintiffs' uniforms, equipment, and locker-room facilities.

The case was closed on September 28, 2007.

Summary Authors

Heather Turner (3/10/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4704814/parties/dh-v-ponca-city-independent-school-district-no-71/


Judge(s)

Cleary, Paul J. (Oklahoma)

Eagan, Claire None (Oklahoma)

Joyner, Sam A. (Oklahoma)

Attorneys(s) for Plaintiff

Schiller, Samuel (Tennessee)

Yasser, Raymond (Oklahoma)

Attorneys(s) for Defendant

Long, Karen Lea (Oklahoma)

Judge(s)

Cleary, Paul J. (Oklahoma)

Eagan, Claire None (Oklahoma)

Joyner, Sam A. (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]

Jan. 7, 2011 Docket
2

Complaint

D.H. v. Ponca Independent School District No. 71

Sept. 26, 2006 Complaint
36

Report and Recommendation

Sept. 11, 2007 Magistrate Report/Recommendation
37

Order [Acceptance of Report and Recommendation]

Sept. 26, 2007 Order/Opinion
38

Judgment As To Attorney Fees And Costs

Sept. 26, 2007 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4704814/dh-v-ponca-city-independent-school-district-no-71/

Last updated May 20, 2022, 3:21 a.m.

ECF Number Description Date Link
34

OPINION AND ORDER by Magistrate Judge Sam A Joyner ; granting in part and denying in part 28 Motion for Attorney Fees (lmc, Dpty Clk) Additional attachment(s) added on 9/12/2007 to add VACATED watermark per Minute Order #35 (lml, Dpty Clk).

Sept. 7, 2007 RECAP
1

CIVIL COVER SHEET by SS, DH, TH, BS (s−kjp, Dpty Clk) (Entered: 09/27/2006)

Sept. 27, 2006
2

COMPLAINT against Ponca City Independent School District No. 71, David Pennington, John Doe by SS, DH, TH, BS (s−kjp, Dpty Clk) (Entered: 09/27/2006)

Sept. 27, 2006
3

MOTION for Permanent Injunction (submitted as part of # 2 ) by SS, DH, TH (s−kjp, Dpty Clk) (Entered: 09/27/2006)

Sept. 27, 2006
4

SEALED REFERENCE LIST per Local Rule 5.3(b) (s−kjp, Dpty Clk) (Entered: 09/27/2006)

Sept. 27, 2006
5

SUMMONS Issued by Court Clerk as to David Pennington , Don Nuzum (s−kjp, Dpty Clk) (Entered: 09/27/2006)

Sept. 27, 2006
6

FILING FEES Paid in Full by SS, DH, TH, BS (s−kjp, Dpty Clk) (Entered: 09/27/2006)

Sept. 27, 2006
7

SUMMONS Returned Executed re: David Pennington − Served on 10/12/2006. by SS; DH; TH; BS (Schiller, Samuel) (Entered: 10/19/2006)

Oct. 19, 2006
8

SUMMONS Returned Executed re: Ponca City Independent School District No. 71 − Served on 10/12/2006. by SS; DH; TH; BS (Schiller, Samuel) (Entered: 10/19/2006)

Oct. 19, 2006
9

ERRATA/CORRECTION (Re: 8 Summons Returned Executed) by SS, DH, TH, BS (Schiller, Samuel) (Entered: 10/23/2006)

Oct. 23, 2006
10

MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) to Answer or Further Plead by Ponca City Independent School District No. 71, David Pennington (Long, Karen) (Entered: 11/01/2006)

Nov. 1, 2006
11

ORDER by Judge Claire V Eagan, granting 10 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s), setting/resetting/terminating answer deadline(s): Ponca City Independent School District No. 71 answer due on 11/16/2006; David Pennington answer due on 11/16/2006 (Re: 2 Complaint) (RGG, Chambers) (Entered: 11/02/2006)

Nov. 2, 2006
12

ANSWER to Complaint (Re: 2 Complaint) by Ponca City Independent School District No. 71, David Pennington (Long, Karen) (Entered: 11/16/2006)

Nov. 16, 2006
13

ORDER by Judge Claire V Eagan, directing parties to file joint status report, Status Report due by 12/18/2006 (RGG, Chambers) (Entered: 11/17/2006)

Nov. 17, 2006
14

JOINT STATUS REPORT by SS, DH, TH, BS, David Pennington, Ponca City Independent School District No. 71 (Schiller, Samuel) Modified on 12/19/2006 to add filers (lml, Dpty Clk). (Entered: 12/18/2006)

Dec. 18, 2006

NOTICE of Docket Entry Modification; Error: All filers were not selected when e−filed; Correction: Edited docket text and added David Pennington and Ponca City Independent School District No. 71 as filers to document (Re: 14 Joint Status Report per Local Rule 16.1) (lml, Dpty Clk) (Entered: 12/19/2006)

Dec. 19, 2006
15

MINUTE ORDER : The referral judge in this case is transferred and reassigned to Magistrate Judge Paul J. Cleary , changing case number to 06−CV−523−CVE−PJC, reassigning case to Judge Paul J Cleary, Judge Sam A Joyner no longer assigned to case (djh, Dpty Clk) (Entered: 12/20/2006)

Dec. 20, 2006
16

SCHEDULING ORDER by Judge Claire V Eagan, setting/resetting scheduling order date(s): Proposed Findings of Fact and Conclusions of Law due 7/9/2007 , Discovery due by 4/1/2007, Dispositive Motions due by 5/1/2007, Proposed Pretrial Order due by 6/25/2007, Pretrial Conference set for 7/6/2007 at 09:30 AM before Judge Claire V Eagan, Nonjury Trial set for 7/23/2007 at 09:30 AM before Judge Claire V Eagan (RGG, Chambers) (Entered: 12/20/2006)

Dec. 20, 2006
17

SETTLEMENT CONFERENCE ORDER by Magistrate Judge Sam A Joyner (Please see order for details) , setting/resetting deadline(s)/hearing(s):, Settlement Conference set for 1/12/2007 at 09:30 AM before Magistrate Judge Sam A Joyner (lmc, Dpty Clk) (Entered: 12/20/2006)

Dec. 20, 2006
18

SETTLEMENT CONFERENCE REPORT by Magistrate Judge Sam A Joyner , case settled , setting/resetting deadline(s)/hearing(s):, Dismissal Papers due by 2/26/2007 (lmc, Dpty Clk) (Entered: 01/17/2007)

Jan. 17, 2007
19

MINUTE ORDER by Magistrate Judge Sam A Joyner : A settlement of the case has been reached in concept. Counsel Karen Long and Sam Schiller are to confer on the language of the settlement agreement. The court sets a telephone conference with Schiller and Long on January 25th at 9:30 a.m. to discuss the status of the settlement agreement. A supplemental settlement conference is set at 9:30 a.m. on February 6th, if needed, to resolve any remaining issues. , setting/resetting deadline(s)/hearing(s):, Settlement Conference set for 2/6/2007 at 09:30 AM before Magistrate Judge Sam A Joyner, Status Hearing set for 1/25/2007 at 09:30 AM before Magistrate Judge Sam A Joyner (lmc, Dpty Clk) (Entered: 01/17/2007)

Jan. 17, 2007
20

MINUTES of Proceedings − held before Magistrate Judge Sam A Joyner : Status Hearing held on 1/25/2007, setting/resetting deadline(s)/hearing(s): Parties appear by phone at the Status Hearing to discuss the settlement agreement. The Status Hearing is reset for March 2, 2007 at 9:15 a.m. Any Court ordered deadlines are stayed pending the Supplemental Settlement Conference on March 13, 2007 at 1:30 p.m. , Settlement Conference set for 3/13/2007 at 01:30 PM before Magistrate Judge Sam A Joyner, Status Hearing set for 3/2/2007 at 09:15 AM before Magistrate Judge Sam A Joyner (Court Reporter: Not Recorded) (lmc, Dpty Clk) (Entered: 01/25/2007)

Jan. 25, 2007
21

MINUTES of Proceedings − held before Magistrate Judge Sam A Joyner : Status Hearing held on 3/2/2007 : Parties appear by phone at the Status Hearing to discuss the settlement agreement. The Court strikes the Supplemental Settlement Conference set for 3/13/07 at 1:30 PM and sets a Supplemental Status Hearing for 3/13/07 at 9:30 AM. The Court will initiate the phone call. , setting/resetting deadline(s)/hearing(s):, Status Hearing set for 3/13/2007 at 09:30 AM before Magistrate Judge Sam A Joyner (Court Reporter: No Recorded) (lmc, Dpty Clk) (Entered: 03/02/2007)

March 2, 2007
23

SETTLEMENT CONFERENCE REPORT by Magistrate Judge Sam A Joyner (Please see report for details) , setting/resetting deadline(s)/hearing(s):, Settlement Conference set for 3/27/2007 at 09:30 AM before Magistrate Judge Sam A Joyner (lmc, Dpty Clk) (Entered: 03/14/2007)

March 14, 2007
24

SETTLEMENT CONFERENCE REPORT by Magistrate Judge Sam A Joyner negotiations are still pending , striking/terminating deadline(s)/Hearing(s) (lmc, Dpty Clk) (Entered: 03/27/2007)

March 27, 2007
25

SCHEDULING ORDER by Magistrate Judge Sam A Joyner (Please see order for details) (lmc, Dpty Clk) (Entered: 05/23/2007)

May 23, 2007
26

SETTLEMENT CONFERENCE REPORT by Magistrate Judge Sam A Joyner case settled , setting/resetting deadline(s)/hearing(s): (lmc, Dpty Clk) (Entered: 05/23/2007)

May 23, 2007
27

MINUTE ORDER by Judge Claire V Eagan deadlines are stricken, including pretrial conference and non−jury trial, pursuant to settlement [25, 26]; briefing deadlines on the attorneys fees and costs issue SHALL REMAIN AS PREVIOUSLY SET by Magistrate Judge Joyner (see 25 ) , striking/terminating deadline(s)/Hearing(s) (Re: 22 Minute Order, Setting/Resetting Deadline(s)/Hearing(s), 16 Scheduling Order,, Setting/Resetting Scheduling Order Date(s), Setting/Resetting Scheduling Order Date(s), 26 Settlement Conference Report, Setting/Resetting Deadline(s)/Hearing(s) ) (RGG, Chambers) (Entered: 05/25/2007)

May 25, 2007
28

First MOTION for Attorney Fees and Costs by SS, DH, TH, BS (Schiller, Samuel) (Entered: 06/26/2007)

June 26, 2007
29

BRIEF in Support of Motion (Re: 28 First MOTION for Attorney Fees and Costs ) by SS, DH, TH, BS ; (With attachments) (Schiller, Samuel) (Entered: 06/26/2007)

June 26, 2007
30

MINUTE ORDER by Judge Claire V Eagan, referring motion(s) to Magistrate Judge Joyner (Re: 29 Brief in Support of Motion, 28 First MOTION for Attorney Fees and Costs ) (RGG, Chambers) (Entered: 06/27/2007)

June 27, 2007
31

RESPONSE in Opposition to Motion (Re: 28 First MOTION for Attorney Fees and Costs ) by Ponca City Independent School District No. 71 ; (With attachments) (Long, Karen) (Entered: 07/16/2007)

July 16, 2007
32

MINUTE ORDER by Judge Claire V Eagan that, based on advice of settlement (Dkt. # 26) ; finding as moot 3 Motion for Permanent Injunction (Re: 26 Settlement Conference Report, Setting/Resetting Deadline(s)/Hearing(s) ) (RGG, Chambers) (Entered: 07/26/2007)

July 26, 2007
33

REPLY to Response to Motion (Re: 28 First MOTION for Attorney Fees and Costs ) by SS, DH, TH, BS ; (With attachments) (Schiller, Samuel) (Entered: 07/26/2007)

July 26, 2007
35

MINUTE ORDER by Magistrate Judge Sam A Joyner : The Opinion and Order [Document #34] is stricken. A Report and Recommendation will be entered. , striking/withdrawing document(s) (Re: 34 Opinion and Order, Ruling on Motion for Attorney Fees ) (lmc, Dpty Clk) (Entered: 09/11/2007)

Sept. 11, 2007
36

REPORT AND RECOMMENDATION by Magistrate Judge Sam A Joyner (Re: 28 First MOTION for Attorney Fees and Costs ) (lmc, Dpty Clk) (Entered: 09/11/2007)

Sept. 11, 2007
38

JUDGMENT by Judge Claire V Eagan, awarding attorney fees to plaintiffs and against defendants Ponca City Independent School District No. 71 and David Pennington, in his official capacity (Re: 37 Order,,,, Ruling on Report and Recommendation, ) (RGG, Chambers) (Entered: 09/26/2007)

Sept. 26, 2007
39

MINUTE ORDER by Judge Claire V Eagan that, judgement regarding attorney fees having been entered 38 , the parties are directed to file a fully executed stipulation of dismissal no later than 10/1/07 , setting/resetting deadline(s)/hearing(s):, Dismissal Papers due by 10/1/2007 (Re: 26 Settlement Conference Report, Setting/Resetting Deadline(s)/Hearing(s), 38 Judgment,,,, Awarding Attorney Fees, ) (RGG, Chambers) (Entered: 09/26/2007)

Sept. 26, 2007
40

STIPULATION of Dismissal, closing case, by SS, Ponca City Independent School District No. 71, David Pennington, John Doe, DH, TH, BS (Schiller, Samuel) (Entered: 09/28/2007)

Sept. 28, 2007

***Civil Case Terminated (see document number 40 ) (sac, Dpty Clk) (Entered: 10/01/2007)

Sept. 28, 2007
41

NOTICE of Filing Afficavit by Ponca City Independent School District No. 71 (Long, Karen) (Entered: 01/11/2008)

Jan. 11, 2008
42

RELEASE AND SATISFACTION of Judgment (Re: 38 Judgment,,,, Awarding Attorney Fees, ) by BS, DH, SS, TH (Schiller, Samuel) (Entered: 01/07/2011)

Jan. 7, 2011

State / Territory: Oklahoma

Case Type(s):

Education

Key Dates

Filing Date: Sept. 27, 2006

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Parents as next of friends to their minor daughters, school softball team members.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Ponca City Independent School District No. 71 (Ponca City, Kay), 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

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $39,965.33

Content of Injunction:

Discrimination Prohibition

Issues

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run