Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Thank you!

DONATE

Case: Paton v. New Mexico Highlands University

1:97-cv-01360 | U.S. District Court for the District of New Mexico

Filed Date: Oct. 21, 1997

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On October 21, 1997, several coaches and female student athletes filed a class action lawsuit in the United States District Court for the District of New Mexico against New Mexico Highlands University. The plaintiffs, represented by public interest attorneys, claimed that NMHU violated state law, 42 U.S.C. § 1983, and Title IX by denying them equitable access to athletic scholarship funding and other benefits including equipment, supplies, locker rooms, travel, coaching, publicity, and faciliti…

On October 21, 1997, several coaches and female student athletes filed a class action lawsuit in the United States District Court for the District of New Mexico against New Mexico Highlands University. The plaintiffs, represented by public interest attorneys, claimed that NMHU violated state law, 42 U.S.C. § 1983, and Title IX by denying them equitable access to athletic scholarship funding and other benefits including equipment, supplies, locker rooms, travel, coaching, publicity, and facilities. The athletes sought injunctive relief and damages.

On November 8, 1999, the District Court (District Judge John E. Conway) defined the class as all "present and future female students who participate as athletes in intercollegiate athletics."

The trial began on November 15, 1999. Before the matter was submitted to the jury, the court granted defendants' motion to decertify the class, concluding that trial testimony had demonstrated that no named plaintiff was a member of the class on the date the motion for class certification was filed. The jury thereafter returned a verdict awarding compensatory damages to the named plaintiffs. Plaintiffs filed motions seeking declaratory and injunctive relief and reconsideration of the class decertification order. Both motions were denied and plaintiffs appealed.

On January 9, 2002, the United States Court of Appeals for the Ninth Circuit (Circuit Judges Murphy, Hall, and Porfilio) reversed the District Court's orders decertifying the class and denying plaintiffs' motion for injunctive and declaratory relief, remanding the case to the District Court to enter an order certifying the class and for further proceedings on the request for declaratory and injunctive relief. Paton v. N.M. Highlands Univ., 275 F.3d 1274 (9th Cir. 2002). The injunctive relief was ordered by the District Court (District Judge John Edwards Conway) on February 8, 2002, whereupon parties engaged in a series of settlement negotiations that ended in 2007 with no resolution recognized by the District Court.

On Feb. 15, 2012, the District Court (District Judge Conway) entered an order directing plaintiff to show cause, if plaintiff so had, within fourteen days of the order, why the instant case should not be dismissed for failure to prosecute. Plaintiff failed to respond to the order, and the District Court (District Judge Conway) dismissed the claims in this action with prejudice on March 8, 2012.

Summary Authors

Heather Turner (6/6/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4921568/parties/paton-v-new-mexico-highlands/


Judge(s)

Conway, John Edwards (New Mexico)

Hall, Cynthia Holcomb (California)

Murphy, Michael R. (Minnesota)

Porfilio, John Carbone (Colorado)

Torgerson, Alan C. (New Mexico)

Attorneys(s) for Plaintiff

Galles, Kristen Marie (Virginia)

Kantrowitz, Nancy (New Mexico)

Vanzi, Linda M (New Mexico)

Attorneys(s) for Defendant

King, Rachel (New Mexico)

Long, Nancy Ruth (New Mexico)

Judge(s)

Conway, John Edwards (New Mexico)

Hall, Cynthia Holcomb (California)

Murphy, Michael R. (Minnesota)

Porfilio, John Carbone (Colorado)

Torgerson, Alan C. (New Mexico)

Attorneys(s) for Plaintiff

Galles, Kristen Marie (Virginia)

Kantrowitz, Nancy (New Mexico)

Vanzi, Linda M (New Mexico)

Attorneys(s) for Defendant

King, Rachel (New Mexico)

Long, Nancy Ruth (New Mexico)

Peters, Julia L. (New Mexico)

White, Timothy L. (New Mexico)

Documents in the Clearinghouse

Document

1:97-cv-01360

Docket [PACER]

March 8, 2012

March 8, 2012

Docket
1

1:97-cv-01360

Verified Class Action Complaint

Oct. 21, 1997

Oct. 21, 1997

Complaint
149

1:97-cv-01360

Memorandum Opinion and Order [Denying Plaintiffs' Motions to Amend, Alter Judgment, and Include Declaratory and Injunctive, and for Reconsideration of Order Decertifying Class]

March 10, 2000

March 10, 2000

Order/Opinion
162

1:97-cv-01360

Order Dismissing Petitions and Motion for Attorneys Fees and Costs

Jan. 5, 2001

Jan. 5, 2001

Order/Opinion
164

1:97-cv-01360

00-00219

Judgment (U.S. Court of Appeals for the Tenth Circuit)

U. S. Court of Appeals for the Tenth Circuit

Jan. 9, 2002

Jan. 9, 2002

Order/Opinion
165

1:97-cv-01360

Order [Granting Class Certification]

Feb. 11, 2002

Feb. 11, 2002

Order/Opinion
203

1:97-cv-01360

Order Dismissing Case for Lack of Jurisdiction Pursuant to Fed. R. Civ. Pro. 41(b)

March 8, 2012

March 8, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4921568/paton-v-new-mexico-highlands/

Last updated Nov. 2, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

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

Oct. 21, 1997

Oct. 21, 1997

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

Oct. 21, 1997

Oct. 21, 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)

Oct. 21, 1997

Oct. 21, 1997

2

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

Oct. 31, 1997

Oct. 31, 1997

3

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

Oct. 31, 1997

Oct. 31, 1997

4

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)

Nov. 7, 1997

Nov. 7, 1997

5

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

Dec. 15, 1997

Dec. 15, 1997

6

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

Feb. 17, 1998

Feb. 17, 1998

7

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

Feb. 25, 1998

Feb. 25, 1998

8

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)

March 3, 1998

March 3, 1998

9

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

April 9, 1998

April 9, 1998

10

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

April 14, 1998

April 14, 1998

11

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

April 20, 1998

April 20, 1998

12

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)

April 29, 1998

April 29, 1998

13

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)

April 29, 1998

April 29, 1998

14

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

May 7, 1998

May 7, 1998

15

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

May 7, 1998

May 7, 1998

16

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)

May 21, 1998

May 21, 1998

17

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

July 13, 1998

July 13, 1998

19

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)

Aug. 21, 1998

Aug. 21, 1998

20

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

Aug. 27, 1998

Aug. 27, 1998

21

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

Sept. 10, 1998

Sept. 10, 1998

22

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)

Sept. 25, 1998

Sept. 25, 1998

23

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)

Sept. 28, 1998

Sept. 28, 1998

24

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)

Oct. 6, 1998

Oct. 6, 1998

25

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

Nov. 19, 1998

Nov. 19, 1998

26

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)

Dec. 1, 1998

Dec. 1, 1998

27

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

Dec. 9, 1998

Dec. 9, 1998

28

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)

Dec. 11, 1998

Dec. 11, 1998

29

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)

Jan. 12, 1999

Jan. 12, 1999

30

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

Feb. 8, 1999

Feb. 8, 1999

31

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

March 1, 1999

March 1, 1999

32

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)

March 1, 1999

March 1, 1999

33

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

March 1, 1999

March 1, 1999

34

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

March 3, 1999

March 3, 1999

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

March 4, 1999

March 4, 1999

35

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)

March 8, 1999

March 8, 1999

36

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)

March 31, 1999

March 31, 1999

37

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

March 31, 1999

March 31, 1999

39

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

April 7, 1999

April 7, 1999

40

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

April 15, 1999

April 15, 1999

41

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

April 19, 1999

April 19, 1999

42

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)

April 28, 1999

April 28, 1999

43

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

June 23, 1999

June 23, 1999

44

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

June 23, 1999

June 23, 1999

45

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

July 8, 1999

July 8, 1999

46

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

Aug. 25, 1999

Aug. 25, 1999

47

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

Aug. 25, 1999

Aug. 25, 1999

48

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

Aug. 25, 1999

Aug. 25, 1999

49

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

Aug. 25, 1999

Aug. 25, 1999

50

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)

Aug. 25, 1999

Aug. 25, 1999

51

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

Aug. 25, 1999

Aug. 25, 1999

52

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

Aug. 30, 1999

Aug. 30, 1999

53

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

Aug. 30, 1999

Aug. 30, 1999

54

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

Aug. 31, 1999

Aug. 31, 1999

55

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

Sept. 7, 1999

Sept. 7, 1999

56

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

Sept. 7, 1999

Sept. 7, 1999

57

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)

Sept. 8, 1999

Sept. 8, 1999

58

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)

Sept. 13, 1999

Sept. 13, 1999

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

Sept. 14, 1999

Sept. 14, 1999

59

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

Sept. 24, 1999

Sept. 24, 1999

61

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)

Sept. 28, 1999

Sept. 28, 1999

62

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)

Sept. 29, 1999

Sept. 29, 1999

63

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

Sept. 30, 1999

Sept. 30, 1999

64

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

Oct. 5, 1999

Oct. 5, 1999

65

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

Oct. 13, 1999

Oct. 13, 1999

66

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)

Oct. 18, 1999

Oct. 18, 1999

RECAP
67

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

Oct. 18, 1999

Oct. 18, 1999

68

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

Oct. 20, 1999

Oct. 20, 1999

69

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

Oct. 20, 1999

Oct. 20, 1999

70

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

Oct. 20, 1999

Oct. 20, 1999

71

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

Oct. 20, 1999

Oct. 20, 1999

72

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

Oct. 25, 1999

Oct. 25, 1999

73

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

Oct. 26, 1999

Oct. 26, 1999

74

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)

Oct. 27, 1999

Oct. 27, 1999

RECAP
75

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

Oct. 27, 1999

Oct. 27, 1999

76

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)

Oct. 29, 1999

Oct. 29, 1999

77

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

Nov. 1, 1999

Nov. 1, 1999

78

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

Nov. 1, 1999

Nov. 1, 1999

79

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

Nov. 1, 1999

Nov. 1, 1999

80

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

Nov. 1, 1999

Nov. 1, 1999

81

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

Nov. 1, 1999

Nov. 1, 1999

82

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

Nov. 1, 1999

Nov. 1, 1999

83

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)

Nov. 2, 1999

Nov. 2, 1999

85

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

Nov. 2, 1999

Nov. 2, 1999

86

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

Nov. 2, 1999

Nov. 2, 1999

87

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

Nov. 2, 1999

Nov. 2, 1999

88

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

Nov. 3, 1999

Nov. 3, 1999

90

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

Nov. 5, 1999

Nov. 5, 1999

89

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)

Nov. 8, 1999

Nov. 8, 1999

RECAP
91

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

Nov. 12, 1999

Nov. 12, 1999

92

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

Nov. 12, 1999

Nov. 12, 1999

102

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)

Nov. 15, 1999

Nov. 15, 1999

93

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

Nov. 17, 1999

Nov. 17, 1999

94

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)

Nov. 19, 1999

Nov. 19, 1999

95

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

Nov. 19, 1999

Nov. 19, 1999

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

Nov. 29, 1999

Nov. 29, 1999

96

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

Nov. 30, 1999

Nov. 30, 1999

103

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

Nov. 30, 1999

Nov. 30, 1999

97

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

Dec. 1, 1999

Dec. 1, 1999

Case Details

State / Territory: New Mexico

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 21, 1997

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

University coaching staff and female student athletes, individually and on behalf of all those similarly situated

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New Mexico Highlands University (Las Vegas, San Miguel), State

Defendant Type(s):

College/University

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)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Form of Settlement:

Conditional Dismissal

Issues

General:

Failure to train

Funding

Staff (number, training, qualifications, wages)

Discrimination-area:

Sports

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run