Case: Paton v. New Mexico Highlands University

U.S. Court of Appeals for the Tenth Circuit

Verified Class Action COMPLAINT ( 0 Summonses issued) (referred to Magistrate Don J. Svet ) (former employee) (Entered: 10/23/1997)

Partial FILING FEE PAID: on 10/21/97 in the amount of $120.00, receipt #: 300798. (former employee) (Entered: 10/23/1997)

Partial FILING FEE PAID: on 10/21/97 in the amount of $30.00, receipt #: 300799. (former employee) Modified on 10/27/1997 (Entered: 10/23/1997)

DEMAND for jury trial by pltfs (pz) (Entered: 11/03/1997)

MOTION by pltfs for attorney Kristen Galles to appear pro hac vice (pz) (Entered: 11/03/1997)

ORDER by Chief Judge John E. Conway granting mtn for atty Kristen Galles to appear pro hac vice [3−1] (cc: all counsel) (kd) (Entered: 11/07/1997)

AMENDED COMPLAINT [1−1] by pltfs (0 Summons(es) issued) (former employee) (Entered: 12/16/1997)

ANSWER by defendants w/affirmative defenses [5−1] (jrm) (Entered: 02/18/1998)

ENTRY OF APPEARANCE for defendants by Nancy Ruth Long (mjr) (Entered: 02/25/1998)

INITIAL SCHEDULING ORDER by Magistrate Don J. Svet Rule 16 scheduling conference 4/14/98 at 9:00 am in Albuquerque, NM Discovery plan and IPTR due 4/6/98 (cc: all counsel electronically) (kd) (Entered: 03/04/1998)

ATTORNEYS' PROVISIONAL DISCOVERY PLAN (dmw) (Entered: 04/10/1998)

CLERK'S MINUTES: before Magistrate Don J. Svet Telephonic Rule 16 scheduling conference held 4/14/98 (dmw) (Entered: 04/15/1998)

NOTICE by pltfs of delivery of FRCP 26 (A) mandatory disclosure report to counsel on 4/16/98 (rd) (Entered: 04/21/1998)

NOTICE of hearing Pretrial conference set on 1/13/99 at 9:00 am; Jury trial set on 3/15/99 at 8:30 am, both before Judge John E. Conway in Albuquerque, NM (cc: all counsel, electronically) (dmw) Modified on 05/12/1998 (Entered: 04/30/1998)

REVISED INITIAL PRE−TRIAL REPORT by Chief Judge John E. Conway and Magistrate Don J. Svet; Discovery set for 9/11/98; mtn filing ddl set for 11/9/98; proposed pretrial order due 11/26/98; pretrial conference set for 9:00 am on 1/13/99; jury trial set for 8:30 am on 3/15/99; Estimated # of Trial Days: 3 weeks; Chances of Settlement: unknown (cc: all counsel) (mjr) (Entered: 04/30/1998)

MOTION by plaintiffs to certify class action (dmw) (Entered: 05/08/1998)

MEMORANDUM BRIEF by plaintiffs in support of motion to certify class action [14−1] (dmw) (Entered: 05/08/1998)

NOTICE by pltfs Jodie Roberts, Randa Barber, April Clairmont and Erica Travelstead of withdrawal of mtn for class certification until completion of briefing (jrm) (Entered: 05/21/1998)

MOTION for Extension by pltfs for time until 9/15/98 to file expert report (pz) (Entered: 07/14/1998)

CERTIFICATE of service by defts of answers to student pltfs' 1st set of interrog(s) to counsel on 8/20/98 (rd) (Entered: 08/26/1998)

CERTIFICATE of service by defts to answers to 1st set of interrog(s) to counsel on 8/24/98 (rd) (Entered: 08/31/1998)

JOINT MOTION to extend deadlines (rd) (Entered: 09/11/1998)

ORDER by Kyle Schultz for Magistrate Judge Robert J. DeGiacomo re mandatory settlement conference on 1/21/99 at 9:00 am in Albuquerque, NM (cc: all counsel by CLERK: ks) (rd) (Entered: 09/29/1998)

ORDER by Magistrate Judge Don J. Svet granting joint motion to extend deadlines [21−1]: Discovery cutoff by 12/31/98; Motion Filing cutoff by 1/31/99; Pretrial order ddl by 2/22/99; Pretrial conference on 3/10/99 at 9:00 am and Jury trial on 4/19/99 at 8:30 am, both in Albuquerque, NM (cc: all counsel by CLERK: doc) (rd) (Entered: 09/29/1998)

MINUTE ORDER: by direction of The Honorable John Edwards Conway: Pretrial conference reset on 3/10/99 at 9:00 am and Jury trial reset on 4/19/99 at 8:30 am, both in Albuquerque, NM (cc: all counsel, electronically) (rd) (Entered: 10/06/1998)

JOINT MOTION for Extension of deadlines by parties (sl) (Entered: 11/24/1998)

ORDER by Magistrate Judge Don J. Svet denying parties joint motion to extend deadlines [25−1] (cc: all counsel, electronic mailing) (sl) (Entered: 12/03/1998)

RENEWED JOINT MOTION to extend deadlines (rd) (Entered: 12/11/1998)

ORDER by Magistrate Judge Don J. Svet granting joint motion to extend deadlines [27−1]; Discovery cutoff by 3/5/99 (cc: all counsel) (rd) (Entered: 12/11/1998)

ORDER by Magistrate Judge Robert J. DeGiacomo vacating the settlement conference set for 1/21/99 and resetting the conference for 3/4/99 at 9:00 am in Albuquerque, NM (cc: all counsel by CLERK: ks) (rd) (Entered: 01/14/1999)

NOTICE by pltfs of supplemental mandatory disclosure of documents (rd) (Entered: 02/08/1999)

NOTICE by pltfs of renewed service of student pltfs' motion for class certification (rd) (Entered: 03/03/1999)

CERTIFICATE of service by student pltfs of 1st set of interrog(s) to counsel on 6/25/98 and request for production of documents to counsel on 6/29/98; and coach pltfs 1st set of interrog(s) and request for production of documents to counsel on 7/21/98 (rd) (Entered: 03/03/1999)

CERTIFICATE of service by pltfs of motions to compel and related pleadings to counsel on 2/22/99 (rd) (Entered: 03/03/1999)

MOTION by the parties for Extension of deadlines (rd) (Entered: 03/04/1999)

SETTLEMENT CONFERENCE held before Magistrate Judge Robert J. DeGiacomo; case did not settle (rd) (Entered: 03/17/1999)

ORDER by Magistrate Judge Don J. Svet granting parties' motion to extend deadlines: [34−1] Discovery cutoff by 4/30/99 and Motion Filing by 5/17/99 (cc: all counsel) (rd) (Entered: 03/08/1999)

CERTIFICATE of service by pltfs of disclosure of expert economist's report on damages to counsel via mail on 3/27/99 (rd) (Entered: 04/01/1999)

CERTIFICATE of service by pltfs of additional documents to counsel on 3/27/99 (rd) (Entered: 04/01/1999)

CERTIFICATE of service of plaintiffs' disclosure of title IX experts by plaintiff (pg) (Entered: 04/08/1999)

CERTIFICATE of service by pltfs of supplemental mandatory disclosures to counsel on 4/12/99 (rd) (Entered: 04/16/1999)

MOTION for Extension by pltfs of discovery deadlines (rd) (Entered: 04/20/1999)

ORDER by Magistrate Judge Don J. Svet granting motion to extend discovery deadlines: [41−1] Discovery cutoff by 6/30/99; Motion Filing 8/25/99; Pretrial order ddl by 9/15/99; Pretrial conference set for 9/30/99 at 4:30 pm and Jury trial set for 11/8/99 at 8:30 am, both before Chief Judge John E. Conway in Albuquerque, NM (cc: all counsel) (rd) (Entered: 04/28/1999)

MOTION by pltfs to enforce Court's Order granting motions to compel (rd) (Entered: 06/24/1999)

MEMORANDUM by pltfs in support of motion to enforce Court's Order granting motions to compel [43−1] (rd) (Entered: 06/24/1999)

RESPONSE by defts to pltfs' motion to enforce Court's Order granting motions to compel [43−1] (rd) (Entered: 07/12/1999)

MOTION by student pltfs to certify class action (rd) (Entered: 08/25/1999)

MEMORANDUM by student pltfs in support of motion to certify class action [46−1] (rd) (Entered: 08/25/1999)

MOTION by defendants for partial summary judgment (dmw) (Entered: 08/26/1999)

MEMORANDUM of points &authorities by defendants in support of motion for partial summary judgment [48−1] (dmw) (Entered: 08/26/1999)

OPPOSITION RESPONSE by plaintiffs to motion for partial summary judgment with exhibits attached (lodged in separate file folder) [48−1] (dmw) (Entered: 08/26/1999)

REPLY by defendants to opposition response to motion for partial summary judgment [48−1] (dmw) (Entered: 08/26/1999)

AGREED MOTION for Extension of pretrial motion deadline re motion for class certification (rd) (Entered: 08/31/1999)

WITNESS list submitted by pltfs (rd) (Entered: 08/31/1999)

EXHIBIT list by pltfs (rd) (Entered: 08/31/1999)

EXHIBIT list (corrected) by pltfs (rd) (Entered: 09/08/1999)

APPENDIX (Exhibits 17 &18) filed by pltfs to response to defts' motion for partial summary judgment [50−1] (rd) (Entered: 09/08/1999)

ORDER by Chief Judge John E. Conway granting parties' motion to extend motion deadline until 9/24/99 to permit defts to file response to pltfs' motion for class certification [52−1] (cc: all counsel) (rd) (Entered: 09/09/1999)

ORDER by Magistrate Judge Don J. Svet granting pltfs' motion to enforce Court's Order granting motions to compel; defts to produce documents by 9/17/99 [43−1] all counsel) (rd) (Entered: 09/14/1999)

SETTLEMENT CONFERENCE held before Magistrate Judge Don J. Svet on 9/14/99; case has not settled (rd) (Entered: 09/16/1999)

RESPONSE by defts to student pltfs' motion to certify class action [46−1] (rd) (Entered: 09/27/1999)

CERTIFICATE of Service by defendants of responses to student plaintiffs' first request for documents and responses to coach plaintiffs' first request for documents, faxed to opposing counsel on 09/26/99 (bap) (Entered: 09/29/1999)

ORDER by Magistrate Judge Don J. Svet re Pretrial Order entered on 9/13/99 requiring the production of documents [58−1]; averments in the Pretrial Order indicating outstanding discovery motions will be stricken as defts have complied with the Court's Order (cc: all counsel*) (rd) (Entered: 09/29/1999)

PRE−TRIAL ORDER by Chief Judge John E. Conway : (cc: all counsel) (rd) (Entered: 10/01/1999)

REPLY by student pltfs to defts' response to motion to certify class action [46−1] (rd) (Entered: 10/05/1999)

ENTRY OF APPEARANCE for pltfs by Linda M. Vanzi of Vanzi &Gagne, P.C. (rd) (Entered: 10/13/1999)

MEMORANDUM, OPINION, AND ORDER: by Chief Judge John E. Conway conditionally granting student pltfs' motion to certify class action [46-1]; parties have 14 days from the filing of this Order to file a memorandum addressing whether one or more of the named representative student pltfs were valid members as of 5/7/98; if student pltfs fail to timely file this memorandum, pltfs' motion for class certification will be denied (cc: all counsel*) (rd)

WITNESS list submitted by defts (rd) (Entered: 10/19/1999)

WITNESS list submitted by pltfs (rd) (Entered: 10/21/1999)

CONTESTED EXHIBIT list by pltfs (rd) (Entered: 10/21/1999)

CONSOLIDATED EXHIBIT list by the parties (rd) (Entered: 10/21/1999)

PARTIES' CONSOLIDATED EXHIBIT List No. 2: authenticated documents subject to other objections (rd) (Entered: 10/21/1999)

CONTESTED EXHIBIT list by defts (rd) (Entered: 10/25/1999)

OBJECTIONS by pltfs to defts' witness list [67−1] (rd) (Entered: 10/26/1999)

MEMORANDUM, OPINION, AND ORDER: by Chief Judge John E. Conway granting in part defts' motion for partial summary judgment [48-1] (cc: all counsel*) (sl)

AMENDED CONTESTED EXHIBIT list by defendants (dmw) (Entered: 10/28/1999)

RESPONSE by student pltfs to Court's Order defining class and request to reconsider class definition as of filing date (rd) (Entered: 11/01/1999)

PROPOSED JURY INSTRUCTIONS submitted by pltfs (rd) (Entered: 11/03/1999)

PARTIES' JOINT INSTRUCTIONS (rd) (Entered: 11/03/1999)

RESPONSE by defts in opposition to class certification (rd) (Entered: 11/03/1999)

NOTICE by defts of description of the case (rd) (Entered: 11/03/1999)

PROPOSED VOIR DIRE submitted by defts (rd) (Entered: 11/03/1999)

REQUESTED JURY INSTRUCTIONS submitted by defts (rd) (Entered: 11/03/1999)

NOTICE by pltfs of filing of defts' Offers of Judgment and Notice of Acceptance of Offers of Judgment as to pltfs Braswell and Loera (rd) (Entered: 11/03/1999)

PROPOSED VOIR DIRE QUESTIONS submitted by pltfs (rd) (Entered: 11/03/1999)

NOTICE by the parties of agreed description of the case pursuant to Court's Order (rd) (Entered: 11/03/1999)

NOTICE by pltfs of special verdict form (rd) (Entered: 11/03/1999)

AMENDED WITNESS list submitted by defts (rd) (Entered: 11/05/1999)

REPLY by student pltfs in opposition to defts' response to Court's Class Certification Order [76−1] (rd) (Entered: 11/08/1999)

MEMORANDUM, OPINION, AND ORDER: by Chief Judge John E. Conway naming Erica Travelstead as sole class representative for purposes of student pltfs' class action claims [79-1], [76-1], [66-1] (cc: all counsel*) (rd)

MOTION by defts in limine to exclude the testimony of Christine Grant and Linda Carpenter (rd) (Entered: 11/12/1999)

MOTION by defts for reconsideration of class certification or to decertify (rd) (Entered: 11/15/1999)

CLERK'S MINUTES: before Chief Judge John E. Conway jury trial began 11/15/99 and jury trial ended 12/6/99 ; (attached notes re jury, exhibit list returns) C/R: Syd Huseby (rd) (Entered: 12/09/1999)

RESPONSE by plaintiffs to defts motion for reconsideration of class certification or to decertify [92−1] (sl) (Entered: 11/17/1999)

MOTION by defts to stay proceedings until appeal of the grant of class certification can be heard by the Court (rd) (Entered: 11/19/1999)

NOTICE OF APPEAL by defendants from Dist. Court decision [89−1] ; Fees $105.00 − Distribution as required. (cc: counsel) (pg) (Entered: 11/19/1999)

ACKNOWLEDGEMENT of receipt of preliminary record by USCA on 11/23/99 − USCA Number: 99−2335 (pg) (Entered: 11/29/1999)

MOTION by defts for judgment as a matter of law (rd) (Entered: 12/01/1999)

REQUESTED JURY INSTRUCTION by defts (rd) (Entered: 12/09/1999)

NOTICE by defts of proposed special verdict (rd) (Entered: 12/03/1999)