Case: Dicus v. Seminole Pub. Sch. Dist.

6:03-cv-00634 | U.S. District Court for the Eastern District of Oklahoma

Filed Date: Nov. 14, 2003

Closed Date: April 30, 2004

Clearinghouse coding complete

Case Summary

On November 14th 2003, plaintiffs filed suit in the U.S. District Court for the Eastern District of Oklahoma against Seminole Public School District. The action was brought under the Civil Rights Act (42 U.S.C. § 1983). The plaintiffs brought the suit on behalf of their daughter and alleged a violation of Title IX.

On April 30th 2004, the court (magistrate judge Kimberly E. West) dismissed the action by reason of settlement.

Summary Authors

Patrick Branson (10/22/2014)

People


Judge(s)

West, Kimberly E. (Oklahoma)

Attorney for Plaintiff

Schiller, Samuel (Tennessee)

Yasser, Raymond (Oklahoma)

Attorney for Defendant

Long, Karen Lea (Oklahoma)

Judge(s)

West, Kimberly E. (Oklahoma)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document

6:03-cv-00634

Dicus v. Seminole Pub. Sch. Dist.

Oct. 13, 2004

Oct. 13, 2004

Docket

Docket

Last updated March 18, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (dma, Deputy Clerk) (Entered: 11/14/2003)

Nov. 14, 2003

Nov. 14, 2003

MAGISTRATE'S CONSENT FORM furnished to plaintiffs' counsel. (dma, Deputy Clerk) (Entered: 11/14/2003)

Nov. 14, 2003

Nov. 14, 2003

2

PRAECIPE by plaintiffs and issuing 2 Summons (dma, Deputy Clerk) (Entered: 11/14/2003)

Nov. 14, 2003

Nov. 14, 2003

FILING FEE PAID on 11/14/03 in the amount of $150.00, receipt #141327. (dma, Deputy Clerk) (Entered: 11/14/2003)

Nov. 14, 2003

Nov. 14, 2003

CD # 7 deposited on 11/19/03 in the amount of $ 150.00 (smg, Deputy Clerk) (Entered: 11/19/2003)

Nov. 19, 2003

Nov. 19, 2003

3

MINUTE ORDER: In accordance with Misc. Order No. 03−09 which became effective for cases filed after October 15, 2003, this case has been assigned to United States Magistrate Judge Kimberly E. West for all purposes, including final disposition, subject to the consent of the parties to this action. As a result, it is ordered that: (1) Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, the parties are to meet as soon as practicable but not later than 14 days prior to the Status and Scheduling Conference to discuss the nature and basis of claims and defenses. The parties are directed to file with the Clerk of the Court a written report of such meeting at least four (4) days prior to the Status and Scheduling Conference. The attached form, if completed and filed, satisfies this requirement.(2) Prior to the Status and Scheduling Conference, counsel must consult with their respective client(s) concerning the possibility of early settlement and be prepared to discuss the status of settlement at the Conference. (3) A Status and Scheduling Conference shall be conducted in this case on 1/8/04 at 2:15 p.m., before United States Magistrate Judge Kimberly E. West, Third Floor, U.S. Courthouse, Fifth &Okmulgee Streets, Muskogee, OK. (4) The parties are required to file the consent election form within twenty (20) days after service. Counsel shall be prepared to discuss the status of this election at the Status and Scheduling Conference. Should the parties choose not to consent to proceed before the United States Magistrate Judge, the case will immediately be returned to the case draw for the random assignment of a United States District Judge. However, even if the parties do not consent to proceed before the United States Magistrate Judge, the Status and Scheduling Conference shall be conducted as noticed before the United States Magistrate Judge utilizing the Scheduling Order of the assigned United States District Judge. AS A RESULT, A REQUEST FOR CONTINUANCE OF THE STATUS AND SCHEDULING CONFERENCE SET BEFORE THE UNITED STATES MAGISTRATE JUDGE WILL NOT BE ENTERTAINED IF IT IS BASED SOLELY UPON THE FACT THAT THE PARTIES DO NOT CONSENT TO PROCEED BEFORE THE UNITED STATES MAGISTRATE JUDGE. (KEW) (cc: all counsel) (nrh, Deputy Clerk) (Entered: 11/19/2003)

Nov. 19, 2003

Nov. 19, 2003

4

CONSENT by plaintiffs to Jurisdiction by U.S. Magistrate Judge with CERTIFICATE of Service complete thereon (nrh, Deputy Clerk) (Entered: 12/09/2003)

Dec. 9, 2003

Dec. 9, 2003

5

CONSENT to jurisdiction by United States Magistrate Judge by defendants with Certificate of Service thereon (law, Deputy Clerk) (Entered: 12/10/2003)

Dec. 10, 2003

Dec. 10, 2003

6

ANSWER by defendants to plaintiffs' complaint [1−1] (law, Deputy Clerk) (Entered: 01/08/2004)

Jan. 8, 2004

Jan. 8, 2004

STATUS AND SCHEDULING CONFERENCE before Honorable Kimberly E. West. Plaintiff present by counsel Samuel Schiller. Defendant present by counsel Karen Long. Courtroom Deputy: nh. Theories of the case discussed. Report on Planning Meeting filed. Counsel requests Settlement Conference be set during the last 2 weeks in April 2004. See the following SCHEDULING ORDER entered this

Jan. 8, 2004

Jan. 8, 2004

9

REPORT OF RULE 26 MEETING by plaintiffs, defendants (cjt, Deputy Clerk) (Entered: 01/12/2004)

Jan. 8, 2004

Jan. 8, 2004

10

WAIVER OF SERVICE OF SUMMONS filed by defendant Randy Allison (cjt, Deputy Clerk) (Entered: 01/12/2004)

Jan. 8, 2004

Jan. 8, 2004

11

WAIVER OF SERVICE OF SUMMONS filed by defendant Seminole Pub Sch District, signed by School Board Clerk, Dr. A.H. Shi (nrh, Deputy Clerk) (Entered: 01/13/2004)

Jan. 8, 2004

Jan. 8, 2004

7

SETTLEMENT CONFERENCE ORDER setting case for Settlement Conference before Magistrate Judge Steven P. Shreder on 4/27/04 at 10:00 a.m.; Settlement Statements due 4/13/04 (cc:all (fe, Deputy Clerk) (Entered: 01/12/2004)

Jan. 12, 2004

Jan. 12, 2004

NOTICE: SETTING Pretrial Conference on 8/12/04 at 9:00 a.m.; (Pretrial order ddl 8/5/04); and SETTING Non−jury trial 8/30/04 at 9:00 a.m. before Mag. Judge Kimberly E. West at the U.S. Courthouse, 5th and Okmulgee Streets, Muskogee, OK (cc: all counsel) sjw, Deputy Clerk) (Entered: 01/22/2004)

Jan. 22, 2004

Jan. 22, 2004

12

AFFIDAVIT of Karen L. Long of Insurance Coverage for defendant Seminole Public Schools (trl, Deputy Clerk) (Entered: 04/19/2004)

April 16, 2004

April 16, 2004

SETTLEMENT CONFERENCE MINUTES: Plaintiffs Jill Dicus, Mark Dicus and Sarah Grace Lowry were present with counsel, Samuel J. Schiller. Defendant, Seminole Public School, was represented by Jeff Pritchard, Administrative Assistant, Mike Vanlandingham, school board member, Hugh McGee, school board President, and Mike Snyder, Athletic Director. Defendant, Randy Allison, was also present. Counsel for Defendants Karen L. Long was present as well. Conference ended WITH settlement. (fe, Deputy Clerk) (Entered: 04/28/2004)

April 27, 2004

April 27, 2004

13

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: by Mag. Judge Kimberly E. West (cc: all counsel) (nrh, Deputy Clerk) (Entered: 04/30/2004)

April 30, 2004

April 30, 2004

14

JOINT STIPULATION of Dismissal as to Randy Allison, Superintendent of Seminole Public Schools (nrh, Deputy Clerk) (Entered: 09/14/2004)

Sept. 14, 2004

Sept. 14, 2004

15

JOINT STIPULATION of Dismissal (nrh, Deputy Clerk) (Entered: 10/13/2004)

Oct. 13, 2004

Oct. 13, 2004

Case Details

State / Territory: Oklahoma

Case Type(s):

Education

Key Dates

Filing Date: Nov. 14, 2003

Closing Date: April 30, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Parents of a minor daughter

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Seminole Public School District , School District

Case Details

Causes of Action:

42 U.S.C. § 1983

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female