Case: Communities Equity v. Michigan High School Athletic Ass'n

1:98-cv-00479 | U.S. District Court for the Western District of Michigan

Filed Date: June 26, 1998

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On June 26, 1998, a class of high school girls in Michigan filed this complaint in the U.S. District Court for the Western District of Michigan under §1983, alleging that the Michigan High School Athletic Association (MHSAA) violated provisions of Title IX and the Equal Protection Clause of the Fourteenth Amendment. Represented by private counsel and by the National Women's Law Center and Equity Legal, the plaintiffs contended that MHSAA refused to authorize additional sports for high school gi…

On June 26, 1998, a class of high school girls in Michigan filed this complaint in the U.S. District Court for the Western District of Michigan under §1983, alleging that the Michigan High School Athletic Association (MHSAA) violated provisions of Title IX and the Equal Protection Clause of the Fourteenth Amendment.

Represented by private counsel and by the National Women's Law Center and Equity Legal, the plaintiffs contended that MHSAA refused to authorize additional sports for high school girls, provided inferior practice and playing facilities for post-season tournaments held in certain girls' sports, and required girls to play certain sports in disadvantageous seasons. This allegedly reduced participation opportunities for high school girls by shortening playing seasons, thereby preventing participation in club competitions and all-star competitions involving players from other states and negatively affecting their chances of being recruited for collegiate-level sports programs.

MHSAA defended by arguing that its placement of the girls' sports seasons at issue was advantageous for female athletes and thus not discriminatory. The MHSAA also asserted that legitimate reasons (mostly logistical) existed for scheduling some male and female teams of the same sports in different seasons.

On April 19, 1999, the District Court (Judge Richard Enslen) certified a class for the case of "all present and future female students enrolled in MHSAA member schools who participate in interscholastic athletics or who are deterred from participating in interscholastic athletics because of Defendants' discriminatory conduct and who are adversely affected by that conduct." 192 F.R.D. 568, 570 (W.D. Mich. 1999)

On September 30, 1999, the Justice Department filed an amicus brief supporting the plaintiffs. In addition, the Justice Department asked the court to allow the Justice Department to intervene on the plaintiffs' side. Judge Enslen allowed the United States to participate as “litigating amicus” on behalf of the class of Michigan high school girls.

On January 21, 2000, the district court (Judge Richard Enslen) denied the defendant's motion for summary judgment. 80 F.Supp.2d 729. Judge Enslen granted MHSAA permission to take an interlocutory appeal, but a three-judge panel of the 6th Circuit Court of Appeals denied permission to appeal.

In the summer of 2001, the parties participated in mediation which resulted in a settlement of all claims except for the issue of when the female athletes would have their playing seasons. That issue went to trial. (In May 2001, the court first released two opinions on evidentiary matters, which are misdated in Westlaw. 2007 WL 5830967 (correct date: May 2, 2001), 2007 WL 9221306 (May 2, 2001);

The court conducted a two-week bench trial in September 2001 and received evidence concerning the following questions: (1) whether MHSAA, by assuming controlling authority over interscholastic athletics from member schools that receive federal funds, is subject to Title IX; (2) whether MHSAA is a state actor; and (3) whether MHSAA's scheduling of only girls' sports in disadvantageous seasons violated Title IX and the Equal Protection Clause.

On September 24, 2001, the trial began on the scheduling of seasons issue and lasted two weeks. On December 17, 2001, the court found for the plaintiffs on all three issues. The court held that MHSAA is subject to Title IX and is a state actor, and that its scheduling practices violated Title IX and the Equal Protection Clause. The court ordered MHSAA to submit a compliance plan to remedy the discriminatory scheduling of girls' sports.

Throughout early 2002, the parties fought over what kind of injunctive relief should be

ordered. MHSAA submitted a compliance plan, which Plaintiffs and the United States opposed. Plaintiffs suggested other options, including the scheduling of boys and girls in the same season in all sports. MHSAA rejected this option outright, claiming that its

member schools did not want it. Alternatively, Plaintiffs suggested flipping the girls’ basketball and volleyball seasons because doing so would not impact any boys’ sports. They then suggested moving girls’ swimming to the winter to not only take advantage of the better season but to provide much needed athletic participation options for girls in the winter. They further suggested moving girls’ soccer and/or golf to the fall. Again, MHSAA rejected those options. The Court held a public, evidentiary hearing on the compliance plan on July 26, 2002.

Recognizing that any compliance plan must change the girls’ volleyball and basketball seasons in order to be equitable, the Court rejected the compliance plan and gave MHSAA another opportunity to submit its own plan. MHSAA polled its member schools and held informational meetings throughout the state to discuss various options. The compliance options submitted to the schools were widely circulated in the press and were widely submitted to the schools, the coaching associations, the athletic directors’ association, the principals, the superintendents, and the school boards. In the end, MHSAA submitted the option that it contended that its members and affiliated groups most supported. Although Plaintiffs again objected to the plan (Dkt #612), the Court approved it on November 8, 2002, and amended it on February 27, 2003.

MHSAA was given a court-approved compliance scheme, which was to be implemented throughout Michigan by the 2004-2005 school year.

The Court ultimately approved the rest of MHSAA's remedial plan, finding that the switching of the remaining sports at issue (soccer, golf, tennis, swimming, and diving) balanced the inequity of nontraditional playing seasons between high school boys and girls in Michigan.

The plaintiffs filed a fee petition on January 30, 2002 seeking $5,155,136.05-- $5,023,991.25 in attorneys' fees and $131,144.80 in costs.

On appeal, in July 2004, the Sixth Circuit affirmed the district court's ruling that MHSAA's scheduling of sports violated the Equal Protection Clause. 377 F.3d 504 (6th Cir. 2004).

MHSAA then sought review by the Supreme Court. On May 2, 2005, the Supreme Court vacated the judgment and instructed the Sixth Circuit to reconsider the case in light of Rancho Palos Verdes v. Abrams, 544 U.S. 113 (2005), a case addressing the availability of damages under federal statutes. On August 16, 2006, the Sixth Circuit issued an opinion that again affirmed the district court's ruling that the sports schedule discriminates against female athletes on the basis of sex. 459 F.3d 676 (6th Cir. 2006). On December 7, 2006, the Sixth Circuit denied rehearing and rehearing en banc.

Defendants again sought review by the Supreme Court, but on April 20, 2007, the U.S. Supreme Court denied review. 549 U.S. 1322.

Shortly following that denial, the Michigan High School Tennis Coaches' Association and several parents filed a Motion to Intervene seeking to modify the Compliance Plan to maintain the Lower Peninsula high school girls' tennis season during the fall. On June 7, 2007, a second Motion to Intervene was filed by some coaches of Upper Peninsula high school girls' soccer teams and several additional parents, seeking to modify the Compliance Plan to maintain girls' soccer in the Upper Peninsula during the spring season. On June 12, 2007, a third Motion to Intervene was filed by some coaches of Upper Peninsula high school boys' soccer teams and certain parents of team members, as next friends, seeking to modify the Compliance Plan to maintain boys' soccer in the Upper Peninsula during the fall season. The Court denied these motions as untimely. 2007 WL 2078753 (July 13, 2007).

On March 31, 2008, the court awarded the plaintiff $4.4 million in attorneys' fees and over $130,000 in costs, plus interest. 2008 WL 906031 (Mar. 31, 2008). On August 14, 2008, the court also awarded Plaintiffs’ counsel an additional $94,309 in fees and expenses related to litigating fees. 2008 WL 3834024.

The defendants appealed, but on April 1, 2009, the parties negotiated and entered into a Settlement Agreement pursuant to which plaintiffs agreed to payment of a lesser amount in satisfaction of the fee judgments so as to not compromise defendant’s ability to operate the sports programs it provided the student-athletes in the state of Michigan. Specifically, the Settlement Agreement included that the plaintiff pay $6 million in full and complete resolution of any and all claims that Plaintiffs may have against the MSHAA arising out of, or relating to, the Litigation, the Fees Judgments, or any other fact, transaction, or occurrence as of the date of this Agreement.

Upon the Agreement, the parties submitted a mutually accepted stipulated order for approval to the Sixth Circuit, and the Court of Appeals dismissed the appeal with prejudice and without costs. The court approved the Settlement Agreement on April 3, 2009.

Summary Authors

Ginny Lee (3/17/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4751609/parties/communities-equity-v-mi-high-sch-ath-assn/


Judge(s)

Enslen, Richard Alan (Michigan)

Gilman, Ronald Lee (Tennessee)

Kennedy, Cornelia Groefsema (Michigan)

Maloney, Paul Lewis (Michigan)

Attorneys(s) for Plaintiff

Bohnenstengel, Robin K. (Massachusetts)

Burr, Barbara Ann (District of Columbia)

Chaudhry, Neena K. (District of Columbia)

Cohan, Philip L. (District of Columbia)

Galles, Kristen Marie (Virginia)

Greenberger, Marcia D. (District of Columbia)

Judge(s)

Enslen, Richard Alan (Michigan)

Gilman, Ronald Lee (Tennessee)

Kennedy, Cornelia Groefsema (Michigan)

Maloney, Paul Lewis (Michigan)

Attorneys(s) for Plaintiff

Bohnenstengel, Robin K. (Massachusetts)

Burr, Barbara Ann (District of Columbia)

Chaudhry, Neena K. (District of Columbia)

Cohan, Philip L. (District of Columbia)

Galles, Kristen Marie (Virginia)

Greenberger, Marcia D. (District of Columbia)

Lang, Lindsey Bishop (District of Columbia)

Pinsky, H. Rhett (Michigan)

Warin, Roger E (District of Columbia)

Attorneys(s) for Defendant

Azkoul, William M. (Michigan)

Bos, Carole D. (Michigan)

Fusco, Timothy A. (Michigan)

Sikorski, Edmund J. Junior (Michigan)

Other Attorney(s)

Anderson, Robert C. (Michigan)

Bush, Allen S. (Michigan)

Deming, Stuart H. (Michigan)

Dimsey, Dennis J. (District of Columbia)

Dunne, Sarah A. (District of Columbia)

Friedman, Richard D. (Michigan)

Gross, Charles R. (Michigan)

Kaanta, Leonard A. (Michigan)

Kwong, Teresa (District of Columbia)

Meyer, Matthew L. (Michigan)

Shek, James (Michigan)

Walton, Garry L. (Michigan)

Wiggins, J. Michael (District of Columbia)

Expert/Monitor/Master

Muth, Jon R. (Michigan)

Documents in the Clearinghouse

Document

Docket

Communities Equity v. MI High School Athletic Association

May 3, 2010 Docket
44 & 45

Order and Opinion

Communities for Equity v. Michigan High School Athletic Association

26 F.Supp.2d 1001

Nov. 16, 1998 Order/Opinion
95

Opinion

Communities for Equity v. Michigan High School Athletic Association

192 F.R.D. 568

April 19, 1999 Order/Opinion
222

Opinion

Communities for Equity v. Michigan High School Athletic Association

80 F.Supp.2d 729

Jan. 21, 2000 Order/Opinion

Opinion

Communities for Equity v. Michigan High School Athletic Association

137 F.Supp.2d 910

April 6, 2001 Order/Opinion
528

Opinion

Communities for Equity v. Michigan High School Athletic Association

178 F.Supp.2d 805

Dec. 17, 2001 Order/Opinion

Opinion

Communities for Equity v. Michigan High School Athletic Association

U. S. Court of Appeals for the Sixth Circuit

377 F.3d 504

July 27, 2004 Order/Opinion

Order

Communities for Equity v. Michigan High School Athletic Association

Supreme Court of the United States

544 U.S. 1012

May 2, 2005 Order/Opinion

Opinion

Communities for Equity v. Michigan High School Athletic Association

U. S. Court of Appeals for the Sixth Circuit

459 F.3d 676

Aug. 16, 2006 Order/Opinion

Opinion

Communities for Equity v. Michigan High School Athletic Association

2007 WL 5830967

May 2, 2007 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4751609/communities-equity-v-mi-high-sch-ath-assn/

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

ECF Number Description Date Link
717

OPINION; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

July 13, 2007 RECAP
1

COMPLAINT (34 pgs) w/jury demand (rlw) (Entered: 06/29/1998)

June 26, 1998
2

RECEIPT #307716 in the amount of $150.00 submitted by pltf's Cmnties for Equity, Diane Madsen, Jay Roberts-Eveland for filing fee (rlw) (Entered: 06/29/1998)

June 26, 1998
719

OPINION; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

July 13, 2007 RECAP

SUMMONS issued as to defts and returned to pltf's rep. (rlw) (Entered: 06/29/1998)

June 26, 1998
746

OPINION; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

March 31, 2008 RECAP
759

OPINION; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Aug. 14, 2008 RECAP

ADMITTANCE requirement letter mailed to attorney Kristen Galles (rlw) (Entered: 07/08/1998)

July 8, 1998

ADMITTANCE requirement letter mailed to attorney Marcia D. Greenberger (rlw) (Entered: 07/08/1998)

July 8, 1998

ADMITTANCE requirement letter mailed to attorney Neena Chaudhry (rlw) (Entered: 07/08/1998)

July 8, 1998
3

SUMMONS AND RETURN OF SERVICE executed upon defts MI High Sch Ath Assn and John "Jack" Roberts on 7/6/98 (mrs) (Entered: 07/13/1998)

July 10, 1998
4

PROOF OF SERVICE by MI High Sch Ath Assn, John "Jack" Roberts, Keith Alto, Geraldine David, Keith Eldred, Paul Ellinger, Eric Federico, Dan Flynn, Margra Grillo, Robert Grimes, Tammy Jackson, Norm Johnson, Dewayne Jones, Dennis Kniola, William Newkirk, Thomas Rashid, Robert Riemersma, Randy Salisbury, Joyce Seals, Michael Shibler for attorney appearance of William M. Azkoul and Edmund J. Sikorski (mrs) (Entered: 07/23/1998)

July 23, 1998
5

ATTORNEY APPEARANCE by John "Jack" Roberts, Keith Alto, Geraldine David, Keith Eldred, Paul Ellinger, Eric Federico, Dan Flynn, Margra Grillo, Robert Grimes, Tammy Jackson, Norm Johnson, Dewayne Jones, Dennis Kniola, William Newkirk, Thomas Rashid, Robert Riemersma, Randy Salisbury, Joyce Seals, Michael Shibler adding attorney(s) William M. Azkoul (mrs) (Entered: 07/23/1998)

July 23, 1998

ADMITTANCE requirement letter mailed to attorney Edmund J. Sikorski, Jr. (mrs) (Entered: 07/23/1998)

July 23, 1998
7

LETTER from court financial administrator, Mike Polkowski enclosing a check in the amount of $10.00 which represented a refund of an overpayment of the filing fees (rlw) (Entered: 07/24/1998)

July 23, 1998
9

AMENDED COMPLAINT (34 pgs) by pltfs; terming party Tammy Jackson; adding Christi Brilinski; w/prf of svc (mrs) (Entered: 07/29/1998)

July 27, 1998
8

STIPULATION AND ORDER (3 pgs) by Magistrate Judge Doyle A. Rowland that defts shall have an extension of time to file pleadings in response to pltfs' complaint through 9/15/98 (cc: all counsel) (mrs) (Entered: 07/29/1998)

July 29, 1998
10

ORDER Scheduling Rule 16 Conference by Chief Judge Richard A. Enslen; Rule 16 conf set for 11:00 a.m. on 10/7/98 before Magistrate Judge Rowland (cc: all counsel) (mrs) (Entered: 08/03/1998)

Aug. 3, 1998

ATTORNEY Kristen Galles admitted to practice 8/6/98 (mrs) (Entered: 08/13/1998)

Aug. 13, 1998

ATTORNEY Marcia D. Greenberger admitted to practice 8/6/98 (mrs) (Entered: 08/13/1998)

Aug. 13, 1998

ATTORNEY Neena Chaudhry admitted to practice 8/6/98 (mrs) (Entered: 08/13/1998)

Aug. 13, 1998

ATTORNEY Edmund J. Sikorski, Jr. admitted to practice on 8/10/98 (mrs) (Entered: 08/18/1998)

Aug. 18, 1998
11

STIPULATION AND ORDER (4 pgs) by Magistrate Judge Doyle A. Rowland approving defts request for non-attendance at the Rule 16 Status Conference (cc: all counsel) (rlw) (Entered: 08/24/1998)

Aug. 24, 1998
12

MOTION by deft MI High Sch Ath Assn for more definite statement or to strike pursuant to FRCP 12(e) w/brief in support; oral argument requested, and prf of svc (mrs) (Entered: 09/16/1998)

Sept. 14, 1998
13

ANSWER to amended complaint and affirmative defenses by MI High Sch Ath Assn (mrs) (Entered: 09/17/1998)

Sept. 15, 1998
14

MOTION by MI High Sch Ath Assn for summary judgment pursuant to FRCP 56(c) as to first and second claim of pltfs and motion pursuant to FRCP 12(b)(6) as to pltf's third claim for relief w/brief in support, w/Exhibit 1&2 (mrs) (Entered: 09/17/1998)

Sept. 15, 1998
15

SUGGESTION OF INCAPACITY (NOTICE) by MI High Sch Ath Assn (mrs) (Entered: 09/17/1998)

Sept. 15, 1998
16

ANSWER to amended complaint and affirmative and/or special defenses by all defts except MI High School Athletic Association (mrs) (Entered: 09/17/1998)

Sept. 15, 1998
17

MOTION by defts except MI High School Athletic Association for summary judgment pursuant to FRCP 56(c) and to dismiss pursuant to FRCP 12(b)(6) w/brief in support, Exhibit 1; oral argument requested (mrs) (Entered: 09/17/1998)

Sept. 15, 1998
18

MOTION by all defts except MI High School Athletic Association to dismiss pltf Madsen and Roberts-Eveland's claims for lack of standing and for summary judgment challenging pltf, community for equity's associational standing w/brief in support, Exhibit 1; oral argument requested (mrs) (Entered: 09/17/1998)

Sept. 15, 1998
19

PROOF OF SERVICE by deft for pleadings #13 thru #18 (mrs) (Entered: 09/17/1998)

Sept. 15, 1998
20

JOINT STATUS REPORT (mrs) (Entered: 10/06/1998)

Oct. 2, 1998
21

MOTION by pltfs to extend time to respond to defts' responsive motions w/brief in support and cert of svc (mrs) (Entered: 10/07/1998)

Oct. 7, 1998

PROCEEDING before Magistrate Judge Doyle A. Rowland; Rule 16 Status Conf did not take place at 11:00 a.m. on 10/7/98; pltf's motion to extend time (#20) granted; order to follow; Recorder, C. Rather, tape #943 (mrs) (Entered: 10/08/1998)

Oct. 7, 1998
22

ORDER (2 pgs) by Magistrate Judge Doyle A. Rowland granting in part pltf's motion to extend time to respond to defts' responsive motions [21-1]; Status Conf adjourned to 10:00 a.m. on 12/8/98; joint status report filed on or before 12/1/98; pltfs shall respond to dispositive motions on or before 10/20/98; defts shall have until 10/30/98 to reply to pltfs' response (cc: all counsel) (mrs) (Entered: 10/15/1998)

Oct. 15, 1998
23

OPPOSITION by pltf to defts' motion to dismiss pltf Madsen and Roberts- Eveland's claims for lack of standing and for summary judgment challenging pltf, community for equity's associational standing [18-1] w/cert of svc (mrs) (Entered: 10/22/1998)

Oct. 20, 1998
24

AFFIDAVIT of Diane Madsen in opposition regarding defts' motion to dismiss pltf Madsen and Roberts-Eveland's claims for lack of standing and for summary judgment challenging pltf, community for equity's associational standing [18-1] w/cert of svc (mrs) (Entered: 10/22/1998)

Oct. 20, 1998
25

OPPOSITION by pltfs Diane Madsen and Jay Roberts-Eveland to defts' motion for more definite statement or to strike pursuant to FRCP 12(e) [12-1] w/cert of svc (mrs) (Entered: 10/22/1998)

Oct. 20, 1998
27

AFFIDAVIT of Roberts-Eveland in opposition to suggestion of incapacity w/cert of svc (mrs) (Entered: 10/22/1998)

Oct. 20, 1998
28

AFFIDAVIT of Madsen in opposition to suggestion of incapacity w/cert of svc (mrs) (Entered: 10/22/1998)

Oct. 20, 1998
29

AFFIDAVIT IN OPPOSITION by pltf Diane Madsen to defts' motions for summary judgment pursuant to FRCP 56(c) [17-1], and for summary judgment pursuant to FRCP 56(c) as to first and second claim of and motion pursuant to FRCP 12(b)(6) as to pltf's third claim for relief [14-1] w/cert of svc (mrs) (Entered: 10/22/1998)

Oct. 20, 1998
30

MOTION under FRCP 56(f) by pltfs to conduct discovery before having to respond to defts' motion for summary judgment w/brief in support and cert of svc (mrs) (Entered: 10/27/1998)

Oct. 27, 1998
31

OPPOSITION by pltfs to individual defts' motion for summary judgment pursuant to FRCP 56(c) [17-1] and to dismiss pursuant to FRCP 12(b)(6) [17-2] w/cert of svc (mrs) (Entered: 10/27/1998)

Oct. 27, 1998
32

OPPOSITION by pltfs to defts' motion for summary judgment pursuant to FRCP 56(c) as to first and second claim of pltfs and motion pursuant to FRCP 12(b)(6) as to pltf's third claim for relief [14-1] w/cert of svc (mrs) (Entered: 10/27/1998)

Oct. 27, 1998
33

TRANSCRIPT of Rule 16 Conference held 10/7/98 before Judge Rowland; transcribed by Gass Reporting Services (mrs) (Entered: 10/30/1998)

Oct. 30, 1998
34

RESPONSE by defts to pltfs' opposition to defts' suggestion of incapacity [26-1] (mrs) (Entered: 11/03/1998)

Oct. 30, 1998
35

REPLY by defts to response to pltfs' motion for more definite statement or to strike pursuant to FRCP 12(e) [12-1] (mrs) (Entered: 11/03/1998)

Oct. 30, 1998
36

REPLY by deft MI High Sch Ath Assn to response to deft's motion for summary judgment pursuant to FRCP 56(c) as to first and second claim of pltfs and motion pursuant to FRCP 12(b)(6) as to pltf's third claim for relief [14-1] (mrs) (Entered: 11/03/1998)

Oct. 30, 1998
37

MOTION by defts to strike pltf's affidavits w/brief in support (mrs) (Entered: 11/03/1998)

Oct. 30, 1998
38

PROOF OF SERVICE by defts for pleadings #34 thru #37, individual defts' reply to pltfs' opposition to individual defts' motion for summary judgement and to dismiss; and defts' reply to pltfs' opposition to defts' motion to dismiss for lack of standing (mrs) (Entered: 11/03/1998)

Oct. 30, 1998
40

REPLY by defts to response to defts' motion to dismiss pltf Madsen and Roberts-Eveland's claims for lack of standing and for summary judgment challenging pltf, community for equity's associational standing [18-1] (mrs) (Entered: 11/03/1998)

Oct. 30, 1998
41

RESPONSE IN OPPOSITION by defts to pltfs' motion to conduct discovery before having to respond to defts' motion for summary judgment [30-1] w/prf of svc (mrs) (Entered: 11/09/1998)

Nov. 6, 1998
42

SUPPLEMENT by MI High Sch Ath Assn re repoly to pltfs' response in opposition to deft's motion for summary judgment [36-1] w/prf of svc (mrs) (Entered: 11/10/1998)

Nov. 9, 1998
43

OPPOSITION by pltfs to motion to strike pltf's affidavits [37-1] w/cert of svc (mrs) (Entered: 11/13/1998)

Nov. 12, 1998
44

OPINION (14 pgs) by Chief Judge Richard A. Enslen (cc: all counsel) (mrs) (Entered: 11/16/1998)

Nov. 16, 1998
45

ORDER (2 pgs) in accordance with the Opinion entered this date by Chief Judge Richard A. Enslen denying defts' motion for more definite statement or to strike pursuant to FRCP 12(e) [12-1]; denying without prejudice and may be renewed upon completion of discovery deft's MHSAA'S motion for summary judgment pursuant to FRCP 56(c) as to first and second claim of and motion pursuant to FRCP 12(b)(6) as to pltf's third claim for relief [14-1]; granting individual defts' motion for summary judgment pursuant to FRCP 56(c) [17-1], as to Title IX claims brought against individual defts in their individual capacities which are dismissed and denying in all other respects, without prejudice and may be renewed upon the completion of discovery [17-2]; denying defts' suggestion of incapacity [15-1]; granting defts' motion to dismiss and for summary judgment for lack of standing as to pltf Community for Equity's which is dismissed as a party to this suit, and denied as to pltfs Madsen and Roberts-Eveland [18- 1]; granting pltf's motion to conduct discovery before having to respond to defts' motion for summary judgment [30-1]; and denying as moot defts' motion to strike pltf's affidavits [37-1] and to dismiss party Communities Equity (cc: all counsel) (mrs) (Entered: 11/16/1998)

Nov. 16, 1998
46

MOTION by pltfs for reconsideration of Order dismissing pltf Communities for Equity for Lack of Standing w/brief in support and prf of svc (mrs) (Entered: 12/01/1998)

Nov. 25, 1998
48

SECOND JOINT STATUS REPORT (mrs) (Entered: 12/03/1998)

Dec. 1, 1998

PROCEEDING before Magistrate Judge Doyle A. Rowland; Rule 16 Status Conf held by phone at 10:00 a.m. on 12/8/98; CMO to follow; Recorder, C. Rather, tape #957 (mrs) (Entered: 12/08/1998)

Dec. 8, 1998
49

CASE MANAGEMENT ORDER (6 pgs) by Chief Judge Richard A. Enslen; joinder/amendment by 1/30/99; pltf's witnesses 1/30/99; dft's witnesses by 1/30/99; interrogatories limited to 50 single part questions; depositions limited to 25 fact witnesses per party; trial set for trial session beginning 12/1/99; discovery completed by 6/8/99; motion filing ddl set for 7/1/99; final pretrial conf set for 11:00 a.m. on 11/18/99 before Magistrate Judge Rowland; ADR scheduled before Magistrate Judge Rowland on 5/17/99 at 10:00 a.m.; case assigned to standard track (cc: all counsel) (mrs) (Entered: 12/08/1998)

Dec. 8, 1998
50

RESPONSE IN OPPOSITION by defts to pltfs' motion for reconsideration of Order dismissing pltf Communities for Equity for Lack of Standing [46- 1] w/attached Exhibits 1&2 and prf of svc (mrs) (Entered: 12/18/1998)

Dec. 15, 1998
51

REPLY by pltf to response in opposition to motion for reconsideration of Order dismissing pltf Communities for Equity for Lack of Standing [46-1] w/cert of svc (mrs) (Entered: 12/24/1998)

Dec. 23, 1998
52

ORDER (2 pgs) by Chief Judge Richard A. Enslen granting pltf's motion for reconsideration of Order dismissing pltf Communities for Equity for Lack of Standing [46-1], denying motion to dismiss pltf Madsen and Roberts-Eveland's claims for lack of standing and for summary judgment challenging pltf, community for equity's associational standing [18-1] (cc: all counsel) (mrs) Modified on 01/08/1999 (Entered: 01/06/1999)

Jan. 5, 1999
53

MOTION by individual defts to strike pltfs' reply to defts' opposition to motion for reconsideration of Order dismissing ptf Communities for Equity for lack of standing w/brief in support and prf of svc (mrs) (Entered: 01/07/1999)

Jan. 5, 1999
54

ORDER (1 pg) by Chief Judge Richard A. Enslen finding the defts' motion to strike pltfs' reply to defts' opposition to for reconsideration of Order dismissing ptf Communities for Equity for lack of standing [53-1] denied as moot (cc: all counsels) (mrs) (Entered: 01/13/1999)

Jan. 13, 1999
55

NOTICE by deft of taking deposition of: Kristi Madsen on 2/4/99, Kelsey Madsen on 2/4/99, Kiann Eveland on 2/3/99, Breanna Eveland on 2/3/99, and Kele Eveland on 2/3/99 w/prf of svc (mrs) (Entered: 01/15/1999)

Jan. 14, 1999
55

PROOF OF SERVICE by individual defts for request for production and tangible things upon: Kele Eveland, Breanna Eveland, Kiann Eveland, Kelsey Madsen, and Kristi Madsen (mrs) (Entered: 01/20/1999)

Jan. 14, 1999
56

PROOF OF SERVICE by individual defts for first interrogatories and request for production of documents served upon pltfs by first class mail (mrs) (Entered: 01/22/1999)

Jan. 20, 1999
57

NOTICE by deft of taking deposition of Katie Madsen on 2/14/99 (mrs) (Entered: 01/22/1999)

Jan. 21, 1999
58

PROOF OF SERVICE by deft for notice of taking deposition of Katie Madsen and request for production of documents and tangible things upon Katie Madsen (mrs) (Entered: 01/22/1999)

Jan. 21, 1999

LETTER from court returning individual defts' "Request for Production of Documents and Tangible Things upon Katie Madsen Pursuant to PRCP 34 (discovery material) (mrs) (Entered: 02/01/1999)

Jan. 27, 1999
59

PROOF OF SERVICE by individual defts for response to pltfs' request for prodution of documents (mrs) (Entered: 02/03/1999)

Feb. 1, 1999
60

WITNESS LIST submitted by individual defts w/prf of svc (mrs) (Entered: 02/03/1999)

Feb. 1, 1999
61

WITNESS LIST submitted by deft MI High Sch Ath Assn w/prf of svc (mrs) (Entered: 02/03/1999)

Feb. 2, 1999
62

MOTION by deft MI High Sch Ath Assn for protective order w/brief in support and prf of svc (mrs) (Entered: 02/09/1999)

Feb. 8, 1999
63

PROOF OF SERVICE by individual defts for second requests for production of documents, second interrogatories and request for admission upon pltfs by first class mail (mrs) (Entered: 02/09/1999)

Feb. 8, 1999
64

PROOF OF SERVICE by individual defts for supplement to the Michigan High School Athletic Association's respons to pltfs' request for production of documents #31,47,48,129,130 and 131 by US mail upon pltf's attorney (mrs) (Entered: 02/12/1999)

Feb. 11, 1999
65

PRELIMINARY WITNESS LIST submitted by pltfs w/cert of svc (mrs) (Entered: 02/12/1999)

Feb. 12, 1999
66

MOTION by pltf to certify class action w/brief in support, proposed order granting and cert of svc (mrs) (Entered: 02/17/1999)

Feb. 16, 1999
67

PROOF OF SERVICE by deft MI High Sch Ath Assn for first set of interrogatories to pltfs by US mail (mrs) (Entered: 02/17/1999)

Feb. 16, 1999
68

PROOF OF SERVICE by deft MI High Sch Ath Assn for request for production of documents and request for admission upon plft Communities for Equity by US mail (mrs) (Entered: 02/17/1999)

Feb. 16, 1999
70

SUPPLEMENTAL witness list by deft MI High Sch Ath Assn re witness list [61-1] w/prf of svc (mrs) (Entered: 02/22/1999)

Feb. 19, 1999
71

PROOF OF SERVICE by MI High Sch Ath Assn for answer to pltfs' (Madsen and Eveland) first set of interrogatories (mrs) (Entered: 02/24/1999)

Feb. 22, 1999
72

NOTICE by individual defts of taking deposition of Diane Madsen and Jay Roberts-Eveland on 3/15/99 w/prf of svc (mrs) (Entered: 02/25/1999)

Feb. 24, 1999
73

ORDER (1 pg) by Magistrate Judge Doyle A. Rowland granting deft MHSAA's motion for protective order [62-1]; deft need not respond to pltfs' request for production of documents #32 (cc: all counsel) (mrs) (Entered: 03/02/1999)

March 2, 1999
74

PROOF OF SERVICE by pltfs of expert disclosure upon defts' representative by US mail (mrs) (Entered: 03/03/1999)

March 2, 1999
75

SUPPLEMENTAL DISCLOSURE OF WITNESSES submitted by individual defts w/prf of svc (mrs) (Entered: 03/04/1999)

March 3, 1999
76

SUPPLEMENT by pltfs re motion to certify class action [66-1]; page 11 from the brief in support is missing (mrs) (Entered: 03/11/1999)

March 9, 1999
77

BRIEF IN OPPOSITION by defts to pltfs' motion to certify class action [66-1] w/affidavits from John E. Roberts and Daniel L. Stufflebeam, Ph.D., depositions of Diane Madsen and Jay Roberts-Eveland and prf of svc (mrs) (Entered: 03/23/1999)

March 18, 1999
78

NOTICE OF SERVICE by pltfs for notice of service of 14 Discovery Responses upon defts' representative w/prf of svc (mrs) (Entered: 03/26/1999)

March 26, 1999
79

NOTICE OF SERVICE by pltfs for 3 discovery request upon defts' representative by U.S. mail w/prf of svc (mrs) (Entered: 03/26/1999)

March 26, 1999
80

SECOND SUPPLEMENTAL DISCLOSURE WITNESS LIST submitted by individual defts w/prf of svc (mrs) (Entered: 03/29/1999)

March 26, 1999
81

NOTICE by pltfs of supplemental disclosures with prf of svc (mrs) (Entered: 03/30/1999)

March 29, 1999
82

NOTICE by pltfs of supplemental production of documents w/prf of svc (mrs) (Entered: 03/30/1999)

March 29, 1999
83

DISCLOSURE OF POTENTIAL EXPERT WITNESS LIST submitted by individual defts (mrs) (Entered: 04/05/1999)

April 1, 1999
85

SECOND SUPPLEMENTAL WITNESS LIST submitted by deft MI High Sch Ath Assn (mrs) (Entered: 04/05/1999)

April 1, 1999
86

PROOF OF SERVICE by deft MI High Sch Ath Assn for pleadings #84 and #85 (mrs) (Entered: 04/05/1999)

April 1, 1999
87

REPLY by pltf to defts' opposition to motion for class certification [77-1]; oral argument requested w/cert of svc (mrs) (Entered: 04/07/1999)

April 6, 1999
89

SUPPLEMENT (ADDENDUM) by defts to brief in opposition to pltfs' motion for class certification [77-1] w/Exhibits 1&2 (mrs) (Entered: 04/13/1999)

April 8, 1999
90

PROOF OF SERVICE by defts for pleading #89 (mrs) (Entered: 04/13/1999)

April 8, 1999

State / Territory: Michigan

Case Type(s):

Education

Key Dates

Filing Date: June 26, 1998

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All present and future female students enrolled in Michigan schools who participate in interscholastic athletics or who are deterred from participating in interscholastic athletics because of Defendants' discriminatory conduct and who are adversely affected by that conduct.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Women's Law Center

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Michigan High School Athletic 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):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $27,100,000

Order Duration: 2004 - 2005

Content of Injunction:

Student assignment

Discrimination Prohibition

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Reporting

Monitoring

Training

Issues

General:

Classification / placement

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run