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Case: Dyer v. Osage Sch. Dist. 38

4:99-cv-00816 | U.S. District Court for the Northern District of Oklahoma

Filed Date: Sept. 29, 1999

Closed Date: Jan. 29, 2001

Clearinghouse coding complete

Case Summary

Parents, as next of friends of their minor daughters, and on behalf of similarly situated female students of Independent School District No. 38 of Osage County, also known as Hominy Public Schools, filed suit against the school district in the United States District Court for the Northern District of Oklahoma, alleging that the district had violated Title IX of the Education Amendment of 1972, 20 U.S.C §1681 and the Equal Protect Clause of the Fourteenth Amendment. The plaintiffs alleged that t…

Parents, as next of friends of their minor daughters, and on behalf of similarly situated female students of Independent School District No. 38 of Osage County, also known as Hominy Public Schools, filed suit against the school district in the United States District Court for the Northern District of Oklahoma, alleging that the district had violated Title IX of the Education Amendment of 1972, 20 U.S.C §1681 and the Equal Protect Clause of the Fourteenth Amendment. The plaintiffs alleged that the school district denied female students an equal opportunity to participate in interscholastic and school-sponsored activities and equal opportunity and treatment that accompanies the equal opportunity to participate in school activities based on gender.

Specifically, the plaintiffs alleged that the district had discriminated against female students with respect to equipment and supplies, scheduling of games and practice times, travel, opportunity to receive qualified coaching, assignment and compensation of coaches, provision of locker rooms and practice facilities for both practice and competition, provision of medical and training facilities and services, and publicity.

The plaintiffs sought class certification on behalf of all similarly situated female students at Hominy Public Schools and injunctive relief requiring the school district to provide female students equal treatment and benefits as male students. The plaintiffs also sought monetary relief for damages, including out-of-pocket expenses and those incurred as a result of unequal treatment. Judge Michael Burrage granted class certification.

A settlement conference was held before Magistrate Judge Sam A. Joyner on June 19, 2000. Judge Burrage entered an order for a settlement agreement on November 11, 2000. In the agreement the school district agreed to add a 7th and 8th grade girls' fast-pitch softball team beginning with the 2000-2001 school year, and to conduct a survey in the Fall of 2000 to gauge the interest of female students in grades 6-11 for participation in volleyball, soccer and slow-pitch softball and to accommodate that interest. The school district also agreed to conduct a survey the following school year to determine the interest in sports not offered for female students and the potential to add a sport for the 2002-2003 school year. The district agreed to offer coaching salaries on a gender neutral basis, establish coaching offices outside of locker rooms, account for revenue and expenditure with respect to athletics, and establish a grievance system. The district also agreed to improve the softball facilities, increase fundraising for both male and female athletic programs, select coaches for male and female teams using the same criteria in a gender neutral manner, and schedule games and practices and improve access to facilities on a gender neutral basis.

Summary Authors

Carlyn Williams (3/10/2014)

People


Judge(s)

Burrage, Michael Sean (Oklahoma)

Attorneys(s) for Plaintiff

Schiller, Samuel (Tennessee)

Yasser, Raymond (Oklahoma)

Attorneys(s) for Defendant

Long, Karen Lea (Oklahoma)

Judge(s)

Burrage, Michael Sean (Oklahoma)

Attorneys(s) for Plaintiff

Schiller, Samuel (Tennessee)

Yasser, Raymond (Oklahoma)

Attorneys(s) for Defendant

Long, Karen Lea (Oklahoma)

Documents in the Clearinghouse

Document

4:99-cv-00816

Docket [PACER]

Jan. 29, 2001

Jan. 29, 2001

Docket
1

4:99-cv-00816

Class Action Complaint

Dyer v. Independent School District No 38

Sept. 29, 1999

Sept. 29, 1999

Complaint
8

4:99-cv-00816

Order for Class Action Certification

Dyer v. Independent School District No 38

Dec. 2, 1999

Dec. 2, 1999

Order/Opinion
11

4:99-cv-00816

Settlement Conference Order

Dyer v. Independent School District No 38

Dec. 16, 1999

Dec. 16, 1999

Order/Opinion
26

4:99-cv-00816

Settlement Agreement

Dyer v. Independent School District No 38

Nov. 30, 2000

Nov. 30, 2000

Settlement Agreement
28

4:99-cv-00816

Order for Attorneys' Fees

Dyer v. Independent School District No 38

Nov. 30, 2000

Nov. 30, 2000

Order/Opinion
29

4:99-cv-00816

Joint Stipulation of Dismissal

Dyer v. Independent School District No 38

Jan. 29, 2001

Jan. 29, 2001

Order/Opinion

Docket

Last updated Nov. 29, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link

FILING FEE PAID IN FULL by plaintiff Tom Dyer, plaintiff Brenda Dyer, plaintiff Roger Wheeler, plaintiff Vicki Wheeler, and plaintiff Greg Billen on 9/29/99 in the amount of $150.0 receipt # 88466 (fee status: pd) (fe, Dpty Clk) (Entered: 09/30/1999)

Sept. 29, 1999

Sept. 29, 1999

2

ATTORNEY APPEARANCE for plaintiffs by Samuel J Schiller (sac, Dpty Clk) (Entered: 10/04/1999)

Oct. 1, 1999

Oct. 1, 1999

3

ATTORNEY APPEARANCE for plaintiffs by Ray Yasser (sac, Dpty Clk) (Entered: 10/04/1999)

Oct. 1, 1999

Oct. 1, 1999

4

ANSWER by defendant Hominy Public School, defendant Gerald Christy to compl [1−1] (fe, Dpty Clk) (Entered: 10/21/1999)

Oct. 21, 1999

Oct. 21, 1999

5

MINUTE ORDER: by Judge Michael Burrage ; CASE MANAGEMENT CONF set for 11:20 a.m., 12/14/99 . Parties are directed to comply with the Local Rules of Court in regard to the submission of the Case Management Plan. (cc: all counsel) (fe, Dpty Clk) (Entered: 11/03/1999)

Nov. 3, 1999

Nov. 3, 1999

6

MOTION by plaintiff Tom Dyer, plaintiff Brenda Dyer, plaintiff Roger Wheeler, plaintiff Vicki Wheeler, plaintiff Greg Billen, plaintiff Shelly Billen for class action certification (O2J) (crp, Dpty Clk) (Entered: 11/17/1999)

Nov. 16, 1999

Nov. 16, 1999

7

BRIEF by plaintiff Tom Dyer, plaintiff Brenda Dyer, plaintiff Roger Wheeler, plaintiff Vicki Wheeler, plaintiff Greg Billen, plaintiff Shelly Billen in support of motion for class action certification [6−1] (crp, Dpty Clk) (Entered: 11/17/1999)

Nov. 16, 1999

Nov. 16, 1999

8

ORDER by Judge Michael Burrage granting pltfs' motion for class action certification [6−1] (cc: all counsel) (sac, Dpty Clk) (Entered: 12/03/1999)

Dec. 2, 1999

Dec. 2, 1999

9

CASE MANAGEMENT PLAN Received (crp, Dpty Clk) (Entered: 12/08/1999)

Dec. 7, 1999

Dec. 7, 1999

10

MINUTES: ; Case Management Conference held 12/14/99 . Counsel present w/3 class pltfs. Schedo. submitted for Ct approval. Setcon to be set in June '00 and parties DO NOT consent to adjunct.[N/R][c/MJ] (fe, Dpty Clk) (Entered: 12/14/1999)

Dec. 14, 1999

Dec. 14, 1999

11

SETTLEMENT CONFERENCE ORDER by Magistrate Sam A. Joyner: SETTLMT CONF set for 1:30 PM on 6/13/00 before Magistrate Sam A. Joyner; stmts due 6/6/00 (cc: all counsel) (lmc, Dpty Clk) (Entered: 12/16/1999)

Dec. 16, 1999

Dec. 16, 1999

12

SCHEDULING ORDER by Judge Michael Burrage, the motion filing ddl is set for 5/22/00; discovery due 5/15/00; proposed pretrial order due 7/24/00; PRETRIAL CONF set for 9:30 a.m. 7/27/00; TRIAL set for 9:30 a.m. on 8/21/00 (See O for further ddls) (cc: all counsel) (crp, Dpty Clk) (Entered: 12/17/1999)

Dec. 16, 1999

Dec. 16, 1999

13

EXPERT WITNESS list by defendant Osage School Dist 38 (sac, Dpty Clk) (Entered: 04/14/2000)

April 13, 2000

April 13, 2000

14

FINAL WITNESS list by plaintiffs Shelly Billen, Greg Billen, Vicki Wheeler, Roger Wheeler, Brenda Dyer and Tom Dyer (crp, Dpty Clk) (Entered: 04/25/2000)

April 24, 2000

April 24, 2000

15

WITNESS list by defendant Osage School Dist 38 (fe, Dpty Clk) (Entered: 04/25/2000)

April 24, 2000

April 24, 2000

16

MINUTE ORDER by Magistrate Sam A. Joyner: Due to Court conflict, the Settlement Conference is hereby reset for 1:30 PM on 6/19/00 before Magistrate Sam A. Joyner, all other dates remain as set. (SAJ−MJ) (cc: all counsel) (lmc, Dpty Clk) (Entered: 05/05/2000)

May 5, 2000

May 5, 2000

17

SETTLEMENT CONFERENCE STATUS REPORT: settlement conference stricken (cc: all counsel) (sac, Dpty Clk) (Entered: 05/08/2000)

May 8, 2000

May 8, 2000

18

MOTION by plaintiff Shelly Billen, defendant Gerald Christy, defendant Hominy Public School, defendant Osage School Dist 38, plaintiff Greg Billen, plaintiff Vicki Wheeler, plaintiff Roger Wheeler, plaintiff Brenda Dyer, plaintiff Tom Dyer for entry of admin closing order (fe, Dpty Clk) (Entered: 06/02/2000)

June 2, 2000

June 2, 2000

20

ADMINISTRATIVE Closing Order by Judge Michael Burrage (cc: all counsel); Documents pending: −0− (sac, Dpty Clk) (Entered: 06/09/2000)

June 8, 2000

June 8, 2000

21

JOINT MOTION by plaintiff Shelly Billen, defendant John Doe, defendant Gerald Christy, defendant Hominy Public School, defendant Osage School Dist 38, plaintiff Greg Billen, plaintiff Vicki Wheeler, plaintiff Roger Wheeler, plaintiff Brenda Dyer, plaintiff Tom Dyer to extend admin closing ord ddln for 60 days , or to reopen the case (o/j) (sac, Dpty Clk) (Entered: 08/08/2000)

Aug. 7, 2000

Aug. 7, 2000

22

ORDER by Judge Michael Burrage granting motion to extend admin closing ord ddln for 60 days [21−1], terminating motion to reopen the case [21−2] (cc: all counsel) (sac, Dpty Clk) (Entered: 08/10/2000)

Aug. 9, 2000

Aug. 9, 2000

23

JOINT MOTION by plaintiff Shelly Billen, defendant Gerald Christy, defendant Hominy Public School, defendant Osage School Dist 38, plaintiff Greg Billen, plaintiff Vicki Wheeler, plaintiff Roger Wheeler, plaintiff Brenda Dyer, plaintiff Tom Dyer to extend admin closing , or to reopen the case (o/j) (sac, Dpty Clk) (Entered: 10/11/2000)

Oct. 10, 2000

Oct. 10, 2000

24

ORDER by Judge Michael Burrage granting motion to extend admin closing for 30 days [23−1], terminating motion to reopen the case [23−2] (cc: all counsel) (crp, Dpty Clk) (Entered: 10/12/2000)

Oct. 12, 2000

Oct. 12, 2000

25

MINUTE ORDER: by Judge Michael Burrage: Upon oral request of Plaintiffs' counsel and upon agreement of Defendants' counsel, the Administrative Closing Order deadline is extended an additional 14 days from this date. (cc: all counsel) (fe, Dpty Clk) (Entered: 11/09/2000)

Nov. 9, 2000

Nov. 9, 2000

PROPOSED Rls &Stlmt of Clm of Atty Fees &Costs; Judgment; Stlmt Agrmt (forwarded to mb−j) (sac, Dpty Clk) (Entered: 11/28/2000)

Nov. 27, 2000

Nov. 27, 2000

26

ORDER (SETTLEMENT AGREEMENT) by Judge Michael Burrage (cc: all counsel) (sac, Dpty Clk) (Entered: 12/04/2000)

Nov. 30, 2000

Nov. 30, 2000

27

NOTICE (RELEASE AND SETTLEMENT OF CLAIM FOR ATTY FEES &COSTS) by plaintiff Shelly Billen, defendant John Doe, defendant Gerald Christy, defendant Hominy Public School, defendant Osage School Dist 38, plaintiff Greg Billen, plaintiff Vicki Wheeler, plaintiff Roger Wheeler, plaintiff Brenda Dyer, plaintiff Tom Dyer (sac, Dpty Clk) (Entered: 12/04/2000)

Nov. 30, 2000

Nov. 30, 2000

28

JUDGMENT: by Judge Michael Burrage (cc: all counsel) (sac, Dpty Clk) (Entered: 12/04/2000)

Nov. 30, 2000

Nov. 30, 2000

PROPOSED Jt Stipulation of Dismissal (forwarded to Judge) (crp, Dpty Clk) (Entered: 01/25/2001)

Jan. 25, 2001

Jan. 25, 2001

29

ORDER (JOINT STIPULATION OF DISMISSAL) by Judge Michael Burrage; dismissing case (cc: all counsel) (crp, Dpty Clk) (Entered: 01/30/2001)

Jan. 29, 2001

Jan. 29, 2001

Case Details

State / Territory: Oklahoma

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 1999

Closing Date: Jan. 29, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Parents, as next of friends of minor daughters, and on behalf of other similarly situated students of Independent School District 38 of Osage County that wish or may wish to participate in interscholastic activities and athletics.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Independent School District No. 38 of Osage County (Osage), 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

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2000 - None

Content of Injunction:

Develop anti-discrimination policy

Issues

General:

Funding

Discrimination-area:

Sports

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run