Case: Craig v. Indep. Sch. Dist. No. 56

5:99-cv-00581 | U.S. District Court for the Western District of Oklahoma

Filed Date: April 29, 1999

Closed Date: June 11, 2001

Clearinghouse coding complete

Case Summary

Parents, on behalf of their minor daughters, filed suit in the United States District Court for the Western District of Oklahoma against Boone-Apache Public Schools on April 29, 1999. The plaintiffs sought class certification on behalf of all present and future female students who participate, seek to participate, or have been denied the opportunity to participate in interscholastic or other school-sponsored athletics at Boone-Apache Public Schools. The plaintiffs alleged that the school distri…

Parents, on behalf of their minor daughters, filed suit in the United States District Court for the Western District of Oklahoma against Boone-Apache Public Schools on April 29, 1999. The plaintiffs sought class certification on behalf of all present and future female students who participate, seek to participate, or have been denied the opportunity to participate in interscholastic or other school-sponsored athletics at Boone-Apache Public Schools. The plaintiffs alleged that the school district had violated the students' rights under the Equal Protection Clause of the Fourteenth Amendment and Title IX of the Education Amendment by denying female students an equal opportunity to participate in interscholastic and other school sponsored athletics and have denied equal treatment and benefits that would accompany an equal opportunity to participate in such activities.

On February 10, 2000, the District Court (Judge Robin J. Cauthron) entered an order granting class certification. The parties filed a settlement agreement on June 1, 2000, which the District Court approved the agreement on June 2, 2000.

In the settlement agreement, the school district agreed to take measures to increase female participation in athletics and school-sponsors activities as well as designate a Title IX Compliance Officer who will be responsible for ensuring compliance with all requirements of Title IX.

The school district agreed to pay the plaintiffs' attorneys' fees and costs. The case was dismissed on June 11, 2001 after litigation regarding the amount of attorneys' fees and costs.

Summary Authors

Carlyn Williams (3/24/2014)

People


Judge(s)

Cauthron, Robin J. (Oklahoma)

Attorney for Plaintiff

Schiller, Samuel (Tennessee)

Attorney for Defendant

Holmes, Laura L. (Oklahoma)

Mather, Stephanie J. (Oklahoma)

Melton, Timothy M. (Oklahoma)

show all people

Documents in the Clearinghouse

Document

5:99-cv-00581

Docket [PACER]

June 11, 2001

June 11, 2001

Docket
20

5:99-cv-00581

Enter Order

Craig v. Independent School District 56

Oct. 6, 1999

Oct. 6, 1999

Order/Opinion
30

5:99-cv-00581

Order for Class Action Certification

Craig v. Independent School District No. 56

Feb. 10, 2000

Feb. 10, 2000

Order/Opinion
34

5:99-cv-00581

Order and Judgment

Craig v. Indepenedent School District No. 56

June 2, 2000

June 2, 2000

Order/Opinion
53

5:99-cv-00581

Judgment Awarding Attorneys' Fees

Craig v. Indep. Sch. Dist. 56

May 11, 2011

May 11, 2011

Order/Opinion

Docket

Last updated March 27, 2024, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (dl) (Entered: 04/29/1999)

April 29, 1999

April 29, 1999

RECEIPT For Money Received in the amount of $ 150.00, receipt # 069612 Schiller Law Firm (dl) (Entered: 04/29/1999)

April 29, 1999

April 29, 1999

3

NOTICE by plaintiffs to Kathy Clabornof lawsuit &req for waiver of serv for summs (FE) (Entered: 05/03/1999)

April 29, 1999

April 29, 1999

4

ATTORNEY APPEARANCE for plaintiffs by Samuel J. Schiller (FE) (Entered: 05/03/1999)

April 29, 1999

April 29, 1999

5

ATTORNEY APPEARANCE for plaintiffs by Ray Yasser (FE) (Entered: 05/03/1999)

April 29, 1999

April 29, 1999

6

PRAECIPE for and issued 2 summs by plaintiff (FE) (Entered: 05/03/1999)

April 29, 1999

April 29, 1999

7

ATTORNEY APPEARANCE for defendant Ind Sch Dist No 56, defendant Dwight Myers by Stephanie J Mather (FE) (Entered: 07/02/1999)

July 1, 1999

July 1, 1999

8

ATTORNEY APPEARANCE for defendant Ind Sch Dist No 56, defendant Dwight Myers by Laura L Holmes (FE) (Entered: 07/02/1999)

July 1, 1999

July 1, 1999

9

ATTORNEY APPEARANCE for defendant Ind Sch Dist No 56, defendant Dwight Myers by Timothy M Melton (FE) (Entered: 07/02/1999)

July 1, 1999

July 1, 1999

10

ANSWER by defendant Ind Sch Dist No 56 (FE) (Entered: 07/02/1999)

July 1, 1999

July 1, 1999

11

ANSWER by defendant Dwight Myers (FE) (Entered: 07/02/1999)

July 1, 1999

July 1, 1999

12

MOTION by plaintiff Magdaline Carla Codopony, plaintiff Carol Upton, plaintiff Mike Upton, plaintiff Patricia Janis, plaintiff Sherry Craig for order for class certification (cjs) (Entered: 07/19/1999)

July 16, 1999

July 16, 1999

13

BRIEF FILED in support by plaintiff Magdaline Carla Codopony, plaintiff Carol Upton, plaintiff Mike Upton, plaintiff Patricia Janis, plaintiff Sherry Craig regarding motion for order for class certification [12−1] (cjs) (Entered: 07/19/1999)

July 16, 1999

July 16, 1999

DOCKET status/scheduling ; status scheduling conf set for 10:20 8/5/99 (cjs) (Entered: 07/26/1999)

July 22, 1999

July 22, 1999

14

APPLICATION/MOTION by defendant Does 1−50, defendant Dwight Myers, defendant Ind Sch Dist No 56 to extend to respond to pla's mtn for class action certif from present deadline of 8/2/99 to 8/13/99 (cjs) (Entered: 07/29/1999)

July 29, 1999

July 29, 1999

15

ORDER by Honorable Robin J. Cauthron granting dft's motion to extend to respond to pla's mtn for class action certif from present deadline of 8/2/99 to 8/13/99 [14−1] Dfts response shall be filed no later than 8/13/99 (cc: all counsel) [EOD Date 7/30/99] (cjs) (Entered: 07/30/1999)

July 30, 1999

July 30, 1999

16

JOINT STATUS REPORT by defendant, plaintiff (FE) (Entered: 08/04/1999)

Aug. 3, 1999

Aug. 3, 1999

17

SCHEDULING ORDER Honorable Robin J. Cauthron ; status scheduling conference held on 10:20 8/5/99 − The ct imposes the following: dfts resp to mtn for class cert is delayed until 10/22/99; ptys have until 10/15/99 to conclude mediation; cs set for fur status conf on 11/99 dkt (cc: all counsel) [EOD Date 8/5/99] (FE) (Entered: 08/05/1999)

Aug. 5, 1999

Aug. 5, 1999

18

ORDER by Honorable Robin J. Cauthron − Cs ref to mediation w/the session to be held between now and 10/15/99; Selection ord due 8/24/99 (cc: all counsel) [EOD Date 8/11/99] (FE) (Entered: 08/11/1999)

Aug. 11, 1999

Aug. 11, 1999

19

SELECTION OF &ORDER APPT MEDIATOR &SETTING MEDIATION SESSION by Honorable Robin J. Cauthron for referral to mediation referring matter to John Rothman Mediator , ; Mediation session set for 9/24/99 at 9:00 (cc: all counsel) [EOD Date 8/24/99] (FE) (Entered: 08/24/1999)

Aug. 23, 1999

Aug. 23, 1999

20

ORDER by Honorable Robin J. Cauthron ; Mediation session was held on 9/24/99 as sched; The cs did not settle , (cc: all counsel) [EOD Date 10/8/99] (FE) (Entered: 10/08/1999)

Oct. 6, 1999

Oct. 6, 1999

DOCKET STATUS/SCHED ; status scheduling conf set for 10:50 11/4/99 (FE) (Entered: 10/28/1999)

Oct. 19, 1999

Oct. 19, 1999

22

RESPONSE and objection by defendant Dwight Myers, defendant Ind Sch Dist No 56 to plf's motion for order for class certification [12−1] (FE) (Entered: 10/25/1999)

Oct. 22, 1999

Oct. 22, 1999

23

RESPONSE by plaintiffs in opposition to dfts' motion to extend ddls previously set by the ct [21−1] (FE) (Entered: 10/27/1999)

Oct. 26, 1999

Oct. 26, 1999

24

ORDER by Honorable Robin J. Cauthron denying dft's motion to extend ddls previously set by the ct [21−1] (cc: all counsel) [EOD Date 10/27/99] (FE) (Entered: 10/27/1999)

Oct. 27, 1999

Oct. 27, 1999

25

MOTION by plaintiffs for leave to reply to dfts' resp &obj to plf's mtn for class action certif &br in supp (FE) (Entered: 10/27/1999)

Oct. 27, 1999

Oct. 27, 1999

26

ORDER by Honorable Robin J. Cauthron granting plfs' motion for leave to reply to dfts' resp &obj to plf's mtn for class action certif &br in supp [25−1] to be filed w/i 11 days of this order (cc: all counsel) [EOD Date 10/28/99] (FE) (Entered: 10/28/1999)

Oct. 28, 1999

Oct. 28, 1999

27

JOINT STATUS REPORT by defendant, plaintiff (FE) (Entered: 11/03/1999)

Nov. 2, 1999

Nov. 2, 1999

29

SCHEDULING ORDER Honorable Robin J. Cauthron ; jury trial set for 7/1/00 ; Discovery set for 5/1/00 ;mtn filing ddl set for 5/1/00 ; pretrial order due 7/1/00 ; status scheduling conference held on 10:50 11/4/99 mtns to join due: 12/1/99 mtns to amend due: 12/1/99 pla's wit lst due: 4/15/00 pla's exh lst due: 4/15/00 dft's wit lst due: 10 days t/a dft's exh lst due: 10 days t/a mtns in limine due: 7/1/00 jury instr due: 7/1/00 voir dire requests due: 7/1/00 trial briefs due : 7/1/00; Voluntary disclosure has bee made; Plf to make settlm demand w/i 10 days; ct defer ruling on mtn for class action for 12 days (cc: all counsel) [EOD Date 11/8/99] (FE) (Entered: 11/08/1999)

Nov. 4, 1999

Nov. 4, 1999

28

REPLY by plaintiffs to dfts' response to plfs' motion for order for class certification [12−1] (FE) (Entered: 11/08/1999)

Nov. 5, 1999

Nov. 5, 1999

30

ORDER by Honorable Robin J. Cauthron granting motion for order for class certification [12−1] Class is defined as follows: "All present &future female students enrolled at Boone−Apached Public Schools who participate, seek to participate, or are deterred from participating in interscholastic &other school−sponsored athletics at Boone−Apache Public Schools"; Fur ord that plfs need not provide any formal ntc to any members of the certified class (cc: all counsel) [EOD Date 2/10/00] (FE) (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

31

LETTER from defendants re setlm (FE) (Entered: 03/14/2000)

March 13, 2000

March 13, 2000

32

ORDER by Honorable Robin J. Cauthron Administrative Closing: That Clerk administratively terminate this action without prejudice to the rights of the parties to reopen for entry of any stipulation or order; if parties have not reopened within 60 days to obtain final determination, action will be deemed dismissed with prejudice (cc: all counsel) [EOD Date 4/17/00] (brs) (Entered: 04/17/2000)

April 17, 2000

April 17, 2000

33

JOINT APPLICATION by plaintiffs and defendants for approval of settlement agreement and entry of judgment (brs) (Entered: 06/01/2000)

June 1, 2000

June 1, 2000

34

ORDER by Honorable Robin J. Cauthron granting motion for approval of settlement agreement and entry of judgment [33−1] (cc: all counsel) [EOD Date 6/2/00] (brs) (Entered: 06/02/2000)

June 2, 2000

June 2, 2000

35

MOTION by plaintiffs for awarding of attorney fees and costs (brs) (Entered: 06/15/2000)

June 15, 2000

June 15, 2000

36

OPENING BRIEF FILED by plaintiff regarding motion for awarding of attorney fees and costs [35−1] (brs) (Entered: 06/15/2000)

June 15, 2000

June 15, 2000

38

ORDER by Honorable Robin J. Cauthron granting Dfts' motion to extend time to file response to Plf's opening brief in support of Mtn for atty fees &costs from 7/5/00 to 9/5/00 [37−1] re [36−1] (cc: all counsel) [EOD Date 7/5/00] (brs) (Entered: 07/05/2000)

July 5, 2000

July 5, 2000

39

RESPONSE by defendants to Plfs' application for awarding of attorney fees and costs [35−1] (brs) (Entered: 09/06/2000)

Sept. 5, 2000

Sept. 5, 2000

40

APPLICATION by plaintiffs for leave to reply to Dfts' response to Plfs' mtn for awarding of Atty Fees and Costs (brs) (Entered: 09/14/2000)

Sept. 13, 2000

Sept. 13, 2000

41

ORDER by Honorable Robin J. Cauthron granting Plfs' motion for leave to reply to Dfts' response to Plfs' mtn for awarding of Atty Fees and Costs. To be filed on or before 9/26/00. re [40−1], re [35−1] (cc: all counsel) [EOD Date 9/14/00] (brs) (Entered: 09/14/2000)

Sept. 14, 2000

Sept. 14, 2000

42

REPLY by plaintiffs to response to motion for awarding of attorney fees and costs [35−1] (brs) (Entered: 09/27/2000)

Sept. 26, 2000

Sept. 26, 2000

43

ORDER by Honorable Robin J. Cauthron referring to Magistrate Judge Bob Bacharach the motion for awarding of attorney fees and costs [35−1] (cc: all counsel) [EOD Date 10/31/00] (brs) (Entered: 10/31/2000)

Oct. 31, 2000

Oct. 31, 2000

44

NOTICE setting hearing on motion for awarding of attorney fees and costs [35−1] at 10:00 a.m. on 1/17/01 (cc: all counsel) (brs) (Entered: 12/05/2000)

Dec. 4, 2000

Dec. 4, 2000

45

COURTROOM MINUTES: Telephone Conference conducted. Parties appear as above. At the request of counsel for the defendants and by agreement of Plfs' the attorney fee hearing scheduled for 1/17/01 at 10:00 a.m. is stricken. The attorney fee hearing is rescheduled for 1/22/01 at 9:00 a.m. The continuance requested by counsel is due to inclement weather conditions and the transportation difficulties encountered by scheduled witnesses. (brs) (Entered: 01/18/2001)

Jan. 17, 2001

Jan. 17, 2001

46

COURTROOM MINUTES: Attorney Fee Hearing re [35−1]. Attorney Fee Hearing conducted upon referral of District Judge Robin Cauthron. Parties appear as above. Plf's present evidence with testimony of 1 witness and rest. Dfts present testimony of 4 witnesses and rest. Parties present closing arguments. Court takes matter under advisement and will prepare a written report and recommendation to the District Court. (brs) (Entered: 02/21/2001)

Jan. 22, 2001

Jan. 22, 2001

47

REPORT and RECOMMENDATION recommending an award of $45,315.00 in attorney fees and $2,864.05 in costs, for a total award of $48,179.05. Ptys advised of their right to obj to RRby 03/20/01; Failure to timely obj waives right to appellate review; This RRterminates the referral to Magistrate Judge Bacharach; terminating case referral motion for awarding of attorney fees and costs [35−1] by Magistrate Judge Bob Bacharach (cc: all counsel) (bf) (Entered: 02/28/2001)

Feb. 28, 2001

Feb. 28, 2001

48

COURTROOM MINUTES: motion for awarding of attorney fees and costs re [35−1]. Attached are exhibits offered and admitted into Evidence during the hearing conducted 1/22/01 on Plfs Mtn for Atty Fees. The following exhibits were offered by the parties and admitted by the court. Plfs exhibits 2,3,4,5,6,9,10,12,13 &14. Plfs exhibit 1, case book, was offered and admitted into evidence and returned to the Plf at the conclusion of the hearing. Dft's exhibits 1,2,3,4 &5. (brs) (Entered: 03/02/2001)

March 2, 2001

March 2, 2001

49

OBJECTIONS by defendants to Report and Recommendation [47−2] (brs) (Entered: 03/21/2001)

March 20, 2001

March 20, 2001

50

MINUTE ORDER by Honorable Robin J. Cauthron that Plfs are directed to respond w/in 18 days to Dfts' Objection to the R &R re [49−1] (cc: all counsel) [EOD Date 3/21/01] (brs) (Entered: 03/21/2001)

March 21, 2001

March 21, 2001

51

RESPONSE AND OBJECTIONS by plaintiffs to Report and Recommendation [47−2] (brs) (Entered: 04/10/2001)

April 9, 2001

April 9, 2001

53

JUDGMENT: by Honorable Robin J. Cauthron granting motion for awarding of attorney fees and costs in the amt of $50,850.00 and costs in the amt of $3,040.85 re [35−1] (cc: all counsel) (brs) (Entered: 05/11/2001)

May 11, 2001

May 11, 2001

54

RELEASE AND SATISFACTION OF JUDGMENT re findings of fact judgment [53−1] as to defendant Dwight Myers, defendant Ind Sch Dist No 56 (brs) (Entered: 06/11/2001)

June 11, 2001

June 11, 2001

Case Details

State / Territory: Oklahoma

Case Type(s):

Education

Key Dates

Filing Date: April 29, 1999

Closing Date: June 11, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Parents on behalf of their minor daughters and all present and future female students of Boone-Apache Public Schools who participate, seek to participate, or denied from participating in interscholastic and other school-sponsored athletics at Boone-Apache Public Schools.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Independent School District Number 56 of Caddo County (Caddo), 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

Available Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $53,890.85

Order Duration: 2000 - None

Content of Injunction:

Hire

Discrimination Prohibition

Develop anti-discrimination policy

Recordkeeping

Issues

General:

Funding

Discrimination-area:

Sports

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

Type of Facility:

Government-run