Case: Pedersen v. South Dakota High Sch.

4:00-cv-04113 | U.S. District Court for the District of South Dakota

Filed Date: June 9, 2000

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On June 9, 2000, three parents, as guardians ad litem of their minor daughters, filed suit in the U.S. District Court for the District of South Dakota against the South Dakota High School Activities Association. The students represented in the suit were all members of volleyball teams at high schools within the Association. The plaintiffs alleged that the Association violated Title IX of the Education Amendments and the Equal Protection Clause of the Fourteenth Amendment by requiring girls voll…

On June 9, 2000, three parents, as guardians ad litem of their minor daughters, filed suit in the U.S. District Court for the District of South Dakota against the South Dakota High School Activities Association. The students represented in the suit were all members of volleyball teams at high schools within the Association. The plaintiffs alleged that the Association violated Title IX of the Education Amendments and the Equal Protection Clause of the Fourteenth Amendment by requiring girls volleyball to be played during the winter season.

At the time the suit was filed, girls high school volleyball was played during the fall season in 46 of 50 states. All South Dakota boys high school athletic teams played their schedules during the traditional seasons for their sports. The complaint alleged that the South Dakota girls high school volleyball players were denied opportunities provided to South Dakota's male high school athletes. By requiring the sport to be played in the winter, the South Dakota girls were prevented from effectively competing for college athletic scholarships. The plaintiffs sought a permanent injunction requiring the Association to schedule girls high school volleyball during the traditional fall season.

On November 6, 2000, Judge Lawrence L. Piersol granted a motion for intervention by the United States. The United States filed an amended complaint on November 7, 2000. On December 5, 2000, the parties filed a stipulation agreeing that the Association would schedule girls volleyball during the traditional fall season for every school year, beginning with the 2002-2003 school year. The Association would also schedule girls high school basketball during the traditional winter season and would reimburse the plaintiffs for their attorneys' fees. Finally, within 180 days of the Consent Order, the Association would submit to the court and all parties a detailed plan establishing how the Association would implement the transition and new scheduling of the girls high school volleyball and basketball season. After, the Association would submit to the court and the parties a report annually for two consecutive years describing how the Association had completely and successfully implemented the approved plan. Judge Piersol entered a consent order approving the stipulation that same day.

The Association submitted the plan to implement the season transition on May 11, 2001. After oral arguments, Judge Piersol approved the plan on August 30, 2001. The Association filed the required annual reports on August 28, 2003 and August 27, 2004. Judge Piersol directed dissolution of the consent order and dismissed the case on June 29, 2005.

Summary Authors

Carlyn Williams (2/24/2014)

People


Judge(s)

Piersol, Lawrence L. (South Dakota)

Attorneys(s) for Plaintiff

Entwistle, Frederick M. (South Dakota)

Fuller, William P. (South Dakota)

Attorneys(s) for Defendant

Brown, John L. (South Dakota)

Other Attorney(s)

Active

Active

Active

Active

Active

Active

Judge(s)

Piersol, Lawrence L. (South Dakota)

Attorneys(s) for Plaintiff

Entwistle, Frederick M. (South Dakota)

Fuller, William P. (South Dakota)

Attorneys(s) for Defendant

Brown, John L. (South Dakota)

Other Attorney(s)

Dunne, Sarah A. (District of Columbia)

Lee, Bill Lann (District of Columbia)

Marshall, Franz (District of Columbia)

McBride, Ted L. (South Dakota)

Norton, Helen L. (District of Columbia)

Ulrich, Bonnie P. (South Dakota)

Documents in the Clearinghouse

Document

Docket [PACER]

June 29, 2005 Docket
1

Complaint

Pedersen v. South Dakota HSAA

June 9, 2000 Complaint
26

Complaint-in-Intervention

Pedersen v. South Dakota HSAA

Nov. 7, 2000 Complaint
30

Amended Complaint

Pedersen v. South Dakota HSAA

Nov. 15, 2000 Complaint
36

Stipulation and Consent order

Pedersen v. South Dakota HSAA

Dec. 5, 2000 Order/Opinion
37

Submission of Plan Implementing Season Transition

Pedersen v. South Dakota HSAA

May 11, 2001 Pleading / Motion / Brief
46

Order

Pedersen v. South Dakota HSAA

Aug. 30, 2001 Order/Opinion

Memorandum Opinion and Order

Hoffman v. South Dakota High Schools

July 23, 2002 Order/Opinion
52

Order of Dissolution of Consent Order

Pedersen v. South Dakota HSAA

June 29, 2005 Order/Opinion

Docket

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

ECF Number Description Date Link
1

COMPLAINT: 2 summons(es) issued handed to plaintiff's counsel (SKM) (Entered: 06/12/2000)

June 9, 2000

FILING FEE PAID: on 6/9/00 in the amount of $ 150.00, receipt # 25202. (SKM) (Entered: 06/12/2000)

June 9, 2000
2

CIVIL COVER SHEET (SKM) (Entered: 06/12/2000)

June 9, 2000
3

MOTION (Petition) for appointment of guardians ad litem for Mara Pederson, a minor, to institute action by plaintiff Steven Pedersen, plaintiff Cheryl Pedersen (SKM) (Entered: 06/12/2000)

June 9, 2000
4

MOTION (Petition) for appointment of guardian ad litem for Micah Tolzin and Elizabeth Tolzin to institute action by plaintiff Suzie Tolzin (SKM) (Entered: 06/12/2000)

June 9, 2000
5

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant SD High School on 6/12/00 (JMM) (Entered: 06/15/2000)

June 14, 2000
6

SUMMONS (DEFENDANT(S) SERVED) (JMM) (Entered: 06/15/2000)

June 14, 2000
7

ORDER of Recusal by Richard H. Battey (cc:all counsel) (JMM) (Entered: 06/15/2000)

June 14, 2000
8

ORDER by Lawrence L. Piersol Case reassigned to Lawrence L. Piersol (cc:all counsel) (JMM) (Entered: 06/15/2000)

June 14, 2000
9

ORDER by Lawrence L. Piersol granting motion for appointment of guardians ad litem for Mara Pederson, a minor, to institute action [3−1] (cc:all counsel) (SKM) Modified on 06/23/2000 (Entered: 06/23/2000)

June 22, 2000
10

ORDER by Lawrence L. Piersol granting motion for appointment of guardian ad litem for Micah Tolzin and Elizabeth Tolzin to institute action [4−1] (cc:all counsel) (SKM) Modified on 06/23/2000 (Entered: 06/23/2000)

June 22, 2000
11

ANSWER by defendant SD High School to complaint [1−1] (JMM) (Entered: 07/05/2000)

July 5, 2000
12

ORDER For Form 35 Report and Scheduling Information by Lawrence L. Piersol (cc: all counsel) (FE) (Entered: 07/10/2000)

July 7, 2000
13

Form 35 Report Of Parties Planning Meeting re [12−1] (SKM) (Entered: 08/08/2000)

Aug. 7, 2000
14

RULE 16 SCHEDULING ORDER Lawrence L. Piersol ; court trial set for 9:00 1/3/01 ;mtn filing ddl set for 11/3/00 ; Discovery ddl set for 11/15/00 (cc: all counsel) (FE) (Entered: 10/05/2000)

Oct. 5, 2000
15

STIPULATION and ORDER to allow plaintiffs to file amended complaint by parties (SKM) Modified on 11/14/2000 (Entered: 10/17/2000)

Oct. 16, 2000
16

RULE 26 Disclosures of Experts by plaintiff Steven Pedersen, plaintiff Cheryl Pedersen, plaintiff Suzie Tolzin (SLL) (Entered: 10/17/2000)

Oct. 17, 2000
17

MOTION to intervene by intervenor plaintiff USA (DLS) (Entered: 10/19/2000)

Oct. 17, 2000
18

MEMORANDUM by intervenor plaintiff USA in support of motion to intervene [17−1] (DLS) (Entered: 10/19/2000)

Oct. 17, 2000
19

CONSENT to Intervention by plaintiff Steven Pedersen, plaintiff Cheryl Pedersen, plaintiff Suzie Tolzin (JMM) (Entered: 10/27/2000)

Oct. 27, 2000
21

OBJECTION by defendant SD High School to intervention by the USA (SKM) (Entered: 11/03/2000)

Nov. 3, 2000
22

MOTION to dismiss , or in alternative for summary judgment by defendant SD High School (SLL) (Entered: 11/06/2000)

Nov. 6, 2000
23

MEMORANDUM/BRIEF by defendant SD High School in support of motion to dismiss [22−1], of motion for summary judgment [22−2] (SLL) (Entered: 11/06/2000)

Nov. 6, 2000
24

CERTIFICATE OF SERVICE by defendant SD High School (SLL) (Entered: 11/06/2000)

Nov. 6, 2000
25

ORDER by Lawrence L. Piersol granting motion to intervene [17−1] (cc:all counsel) (SLL) (Entered: 11/07/2000)

Nov. 7, 2000
26

INTERVENOR'S COMPLAINT by intervenor plaintiff USA (SLL) (Entered: 11/07/2000)

Nov. 7, 2000
27

RESPONSE by intervenor plaintiff USA to motion to continue trial date [20−1] (SKM) (Entered: 11/13/2000)

Nov. 13, 2000
27

MOTION to amend Rule 16 scheduling order by intervenor plaintiff USA (SKM) (Entered: 11/13/2000)

Nov. 13, 2000
28

MINUTES RE: Telephone Conference before the Hon. Lawrence L. Piersol, US Chief Judge, Sioux Falls, SD. Discussion re: changing Court Trial date; Court will issue Order; Total In Court Time 25 minutes (FE) (Entered: 11/15/2000)

Nov. 14, 2000
29

AMENDED RULE 16 SCHEDULING ORDER by Lawrence L. Piersol granting motion to continue trial date [20−1] granting motion to amend Rule 16 scheduling order [27−1] ;Court trial set for 9:00 1/16/01 motion filing ddl satisfied ; discovery ddl set for (cc:all counsel) (FE) (Entered: 11/15/2000)

Nov. 14, 2000
30

AMENDED COMPLAINT by plaintiff Steven Pedersen, plaintiff Cheryl Pedersen, plaintiff Suzie Tolzin (SKM) (Entered: 11/15/2000)

Nov. 15, 2000
31

AFFIDAVIT of Marlyn Goldhammer in support of continuance (SKM) (Entered: 11/15/2000)

Nov. 15, 2000
32

AFFIDAVIT of Marlyn Goldhammer opposing United States intervention (SKM) (Entered: 11/15/2000)

Nov. 15, 2000
33

AFFIDAVIT of Marlyn Goldhammer supporting motion for dismissal (SKM) (Entered: 11/15/2000)

Nov. 15, 2000
34

ANSWER TO AMENDED COMPLAINT by defendant SD High School to [30−1] (FE) (Entered: 11/17/2000)

Nov. 17, 2000
35

ANSWER by defendant SD High School to Complaint−In−Intervention of the USA [26−1] (FE) (Entered: 11/17/2000)

Nov. 17, 2000
36

STIPULATION and CONSENT ORDER re. girls high school volleyball by Lawrence L. Piersol : (cc: all counsel) (SLL) (Entered: 12/06/2000)

Dec. 5, 2000
37

SUBMISSION OF PLAN Implementing Season Transition by defendant SD High School (JMM) (Entered: 05/14/2001)

May 11, 2001
38

MOTION for time to respond to defendant's proposed plan by intervenor plaintiff USA, plaintiff Suzie Tolzin, plaintiff Cheryl Pedersen, plaintiff Steven Pedersen (SKM) (Entered: 05/25/2001)

May 24, 2001
39

ORDER by Lawrence L. Piersol granting motion for time to respond to defendant's proposed plan [38−1]; plaintiff−parties shall file a response by 6/20/01 (cc:all counsel) (SKM) (Entered: 05/25/2001)

May 24, 2001
40

MOTION for enlargement of time by intervenor plaintiff USA, plaintiff Suzie Tolzin, plaintiff Cheryl Pedersen, plaintiff Steven Pedersen (SLL) (Entered:

June 19, 2001
42

ORDER by Judge Lawrence L. Piersol granting motion for enlargement of time [40−1]; plaintiff−parties shall have until June 27, 2001, to file a response to defendant's proposed transition plan (cc:all counsel) (DJP) (Entered: 06/22/2001)

June 21, 2001
43

RESPONSE by plaintiff−parties' to defendant's proposed transition plan [37−1] (SLL) Modified on 06/28/2001 (Entered: 06/27/2001)

June 27, 2001
44

ORDER by Judge Lawrence L. Piersol; oral argument set for 8/17/01 1:30; counsel may appear personally or by telephone (cc:all counsel) (SKM) (Entered: 08/08/2001)

Aug. 8, 2001
45

JOINT MOTION/STIPULATION for order/approval of transition plan by intervenor plaintiff USA, defendant SD High School, plaintiff Suzie Tolzin, plaintiff Cheryl Pedersen, plaintiff Steven Pedersen (FE) (Entered: 08/31/2001)

Aug. 30, 2001
46

ORDER by Judge Lawrence L. Piersol granting motion for order/approval of transition plan [45−1]; Transition Plan and all relevant attachments incorporated is approved subject to further orders and modifications as provided for in Court's Consent Order of 12/5/00 (cc:all counsel) (FE) (Entered: 08/31/2001)

Aug. 30, 2001
47

ORDER AND RECEIPT for File by Judge Lawrence L. Piersol that Brett Lovrien may check out original file (DJP) (Entered: 04/30/2002)

April 24, 2002
48

TRANSMITTAL of Transition Plan Report, with attachment (attachment is in a binder in expando) (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10) (DJP) (Entered: 08/29/2003)

Aug. 28, 2003
49

TRANSMITTAL OF TRANSITION PLAN REPORT (Attachments (Participation Survey Report 2003−2004) : # 1 # 2 # 3 # 4) (DJP) (Entered: 08/27/2004)

Aug. 27, 2004
50

Letter from John Brown w/attached Page 144 of Participation Survey (Takini School figures) (JMM, ) (Entered: 09/01/2004)

Sept. 1, 2004

Remark − Pursuant to telephone conversation with Ted McBride's office, he is no longer with USA and should be terminated from this case. Attorney McBride terminated as of 9/3/04 (DJP) (Entered: 09/03/2004)

Sept. 3, 2004
51

STIPULATION for Dismissal of Consent Order by Steven Pedersen, Cheryl Pedersen, Suzie Tolzin, South Dakota High School Activities Association, United States of America. (SKM) (Entered: 06/28/2005)

June 28, 2005
52

ORDER directing dissolution of consent order 36 dated December 5, 2000, re Stipulation 51 filed by United States of America,, Steven Pedersen,, Cheryl Pedersen,, Suzie Tolzin,, South Dakota High School Activities Association, Signed by Judge Lawrence L. Piersol on 6/29/05. (SLL, ) (Entered: 06/30/2005)

June 29, 2005

State / Territory: South Dakota

Case Type(s):

Education

Key Dates

Filing Date: June 9, 2000

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Parents on behalf of minor daughters who were student athletes of South Dakota Public Schools.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

South Dakota High School Activities Association, 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

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2002 - 2005

Content of Injunction:

Discrimination Prohibition

Issues

General:

Funding

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run