Case: Cohen v. Brown University

1:92-cv-00197 | U.S. District Court for the District of Rhode Island

Filed Date: April 9, 1992

Case Ongoing

Clearinghouse coding complete

Case Summary

In 1991, Brown University announced that it was going to eliminate four sports: women’s volleyball, women’s gymnastics, men’s golf, and men’s water polo. Brown explained that the teams could still compete as club sports, but it was no longer able to provide university funding for financial reasons. At that time, Brown’s student body was 52 percent male and 48 percent female, but 63 percent of its athletes were male.On April 9, 1992, affected women students filed this class action lawsuit, claim…

In 1991, Brown University announced that it was going to eliminate four sports: women’s volleyball, women’s gymnastics, men’s golf, and men’s water polo. Brown explained that the teams could still compete as club sports, but it was no longer able to provide university funding for financial reasons. At that time, Brown’s student body was 52 percent male and 48 percent female, but 63 percent of its athletes were male.

On April 9, 1992, affected women students filed this class action lawsuit, claiming discrimination under Title IX of the Education Amendments Act of 1972. The named plaintiffs included student members of the women’s gymnastics and volleyball teams at Brown. The plaintiffs alleged that the decision to eliminate these teams was a violation of Title IX, because it was based on the stereotype that men are more interested in sports participation than are women.

On May 4, 1992, Brown filed a motion to dismiss, and the court granted the plaintiffs’ motion for class certification a week later. On July 15, 1992, the plaintiffs filed a motion for preliminary injunction. On August 7, 1992, the court denied Brown’s motion to dismiss.

On October 26, 1992, a bench hearing on the preliminary injunction was held over a period of 15 days. On December 22, 1992, the court (Judge Raymond Pettine) granted a preliminary injunction prohibiting Brown from eliminating the women’s gymnastics and volleyball programs. Specifically, in the preliminary injunction, the court ordered Brown to restore women’s gymnastics and women’s volleyball to their former status and prohibited the elimination or reduction of university funding for the two sports. 809 F. Supp. 978.

On December 29, 1992, Brown appealed. The First Circuit Court of Appeals granted a temporary stay, holding the injunction in abeyance while it decided the appeal. On April 19, 1993, the Court of Appeals affirmed the district court’s decision on the preliminary injunction. The court held that trial court did not abuse its discretion by issuing an injunction, and the case was remanded to the district court for further proceedings. 991 F.2d 888.

The trial on the merits began September 28, 1994. Two and a half months into the trial, on December 16, the parties reached a partial settlement agreement. The agreement settled the plaintiffs’ allegations that significant disparities existed in the relative financial support of and benefits given to men’s and women’s university-funded varsity teams. The inequality in funding between male and female varsity teams had never been in contention. The dispute involving the overall difference between male and female opportunities for participation continued. The settlement agreement regarding varsity teams “did not resolve any program-wide treatment inequities. Rather, it settled only the relative support afforded to men’s and women’s university-funded teams [as opposed to donor-funded teams] as to which there is no dispute concerning their university-funded varsity status.” In essence, and as the docket stated on December 16, 1994, the “Settlement Agreement” was a stipulation acknowledging the inequality of opportunities to participate in university-funded activities, and a dismissal of the claims surrounding that issue. 879 F. Supp. 185.

The trial concluded with final arguments on December 16 after 29 days in court. The attorneys addressed the court on a possible settlement on treatment issues, then discussed participation issues. The court issued its final opinion and order, finding for the plaintiffs, on March 29, 1995. The court held that: (1) the university violated Title IX by failing to effectively accommodate interests and abilities of women athletes, failing to steadily increase the number of opportunities for women, and failing to effectively remedy athletic interests and ability of women, and (2) the two-tiered structure of intercollegiate varsity program failed to provide equal treatment of athletes. Brown was given 120 days to come up with a comprehensive plan for complying with Title IX. 879 F. Supp. 185.

On April 19, 1995, Brown appealed the district court’s ruling, claiming error in certain evidentiary rulings made during the trial and in the district court’s order of specific relief in place of Brown’s proposed compliance plan. In addition, Brown challenged on constitutional and statutory grounds the test employed by the district court in determining whether the university’s intercollegiate athletics program complied with Title IX.

On May 4, 1995, the district court issued a modified order, requiring Brown to submit a compliance plan within 60 days. Finding that Brown’s proposed compliance plan was not comprehensive and that it failed to comply with the previous order, the district court rejected the plan and ordered in its place specific relief consistent with Brown’s stated objectives in formulating the plan. On August 17, 1995, Brown University was ordered to elevate and maintain women’s gymnastics, women’s water polo, women’s skiing, and women’s fencing to university-funded varsity status.

The district court entered final judgment on September 1, 1995, and on September 27, denied Brown’s motion for additional findings of fact and to amend the judgment. 879 F.Supp. 185.

Brown appealed the judgment in September 1995. On November 21, 1996, the appellate court found no error in the district court’s factual findings or in its interpretation and application of the law in determining that Brown violated Title IX in the operation of its intercollegiate athletics program. Applying the three-prong test of the Policy Interpretation, the court held that participation opportunities were not provided in substantial proportion to enrollment, and that the university had not shown either a practice of program expansion or full and effective accommodation of the interests and abilities of its women students. The court found that Brown had violated each of the 3 prongs of Title IX. Due to the 11% gap between opportunities for male and female athletes and their respective student enrollment, and because the university had not previously engaged in the continued expansion of women’s sports, Brown did not meet the substantially proportionate standard. The appellate court affirmed in all respects the district court’s analysis and its rulings on the issue of liability.

However, the appellate court found error in the district court’s award of specific relief and therefore remanded the case to the district court for reconsideration of the remedy. The appellate court found that Brown’s proposal to cut men’s teams was a permissible means of effectuating compliance with the statute. The appellate court stated that the district court was wrong to reject Brown’s alternative plan to reduce the number of men’s varsity teams. Chief Judge Juan R. Torruella dissented and indicated that he would have reversed the District Court’s decision. 101 F.3d 155.

On April 21, 1997, Brown submitted to the district court a new proposed compliance plan. The plan included eliminating men’s positions without eliminating any men’s teams; enforcing team minimums and maximums to stabilize relative proportions of men and women; and creating additional women’s intercollegiate opportunities. In order to comply with the court’s criteria that “intercollegiate level participation opportunities [be] provided in numbers substantially proportionate to their respective enrollment,” Brown decided to calculate the ratio of female students to male students, and then, based on that number, mandate strict minimum participation numbers for female teams and strict maximum participation numbers for male teams. In the event that the court rejected Brown's plan, the proposal also included alternative plans to change the status of one or more men’s teams from university-funded to donor-funded status, or to eliminate one or more men’s varsity teams. The compliance agreement contained no duration information or enforcement information, possibly because Brown was still fighting against the judgment of the district court.

On June 23, 1998, following settlement discussions, the parties reached an agreement and settled all outstanding issues, except for attorneys’ fees and expenses. The settlement agreement had “indefinite duration,” and required relative participation on intercollegiate athletic teams to be within 3.5% of the gender ratio for undergraduate student enrollment. The agreement also stipulated that in the event Brown added any new men’s teams, the variation from the gender ratio of undergraduate student enrollment was to be no more than 2.25% and a women’s team would need to be added at the same time. The settlement also defined funding for both men’s and women’s donor-funded teams in the years immediately following the settlement. Annual reports were to be published to the plaintiffs. Additionally, a provision was added to prevent retaliation against any person who opposed any Title IX violations by Brown. On June 23, 1998, the court gave interim approval to the settlement agreement. Following notice to the members of the class, the court gave final approval to the settlement on October 8, 1998.

On October 16, 1998, the court entered a judgment in favor of the plaintiffs and established a schedule for them to submit their fee application.

The plaintiffs’ fee application was filed on December 7, 1998. They sought $1,023,842.50 in attorneys’ fees and $104,182.25 for their expenses. With interest (calculated through December 31, 1998), the combined amount sought for attorneys fees and expenses exceeded $1.4 million dollars. Brown contested the fee. During that contest, the case was reassigned to Judge Paul Barbadoro; on the recommendation of Magistrate Judge David Martin, on December 5, 2001, he granted attorneys’ fees and and costs of $1.08 million. In 2003, again on the Magistrate Judge’s recommendation, Judge Barbadoro granted another $250,000 for the fees incurred during the fee contest. Brown appealed, but settled that appeal later in 2003.

Nearly two decades later, Brown announced on May 28, 2020 that it was discontinuing six women’s varsity sports and five men’s varsity sports, in an effort to increase the competitiveness of the university’s 27 other varsity sports programs. The university specifically indicated that the decision to discontinue men’s track, field, and cross country was made to enable the university to remain in compliance with the 1998 settlement agreement. On June 9, 2020, the university then announced that it was reversing its decision to discontinue men’s track, field, and cross country, citing extensive feedback from the university community, especially students of color, about the importance of track, field, and cross country in their education. However, the university did not change its plans regarding any other sport.

Concerned that the decision to eliminate five women’s sports and only three mens sports would cause Brown to fall further out of compliance with the 1998 agreement, the plaintiffs filed a motion on June 29, 2020 to enforce the court’s 1998 judgment, to hold the university in contempt, and to grant an injunction prohibiting the university from discontinuing any women’s sports programs unless it demonstrated to the court that such discontinuation would not cause the school to fall out of compliance). They also moved to have the case reassigned to a sitting member of the District of Rhode Island (Judge Barbadoro had been assigned to the case as a visiting judge from the District of New Hampshire).

The case was reassigned to Chief Judge John J. McConnell, Jr. On July 2, 2020, the court ordered the university to “expeditiously produce to the Plaintiffs all information that Brown has as to the elimination of certain athletic teams as it relates to gender.” As of August 8, 2020, further developments in the case are pending.

Summary Authors

Ginny Lee (3/29/2017)

Megan Brown (10/23/2017)

Keagan Potts (3/19/2019)

Gregory Marsh (8/11/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/9905756/parties/cohen-v-brown-university/


Judge(s)

Barbadoro, Paul J. (New Hampshire)

Bownes, Hugh Henry (New Hampshire)

Pettine, Raymond James (Rhode Island)

Selya, Bruce Marshall (Rhode Island)

Stahl, Norman H. (Massachusetts)

Torruella, Juan R. (Puerto Rico)

Attorneys(s) for Plaintiff

Brueckner, Leslie A. (District of Columbia)

Bryant, Arthur H. (District of Columbia)

DeLuca, Amato A. (Rhode Island)

Duggan, Sandra L. (Pennsylvania)

Judge(s)

Barbadoro, Paul J. (New Hampshire)

Bownes, Hugh Henry (New Hampshire)

Pettine, Raymond James (Rhode Island)

Selya, Bruce Marshall (Rhode Island)

Stahl, Norman H. (Massachusetts)

Torruella, Juan R. (Puerto Rico)

Attorneys(s) for Plaintiff

Brueckner, Leslie A. (District of Columbia)

Bryant, Arthur H. (District of Columbia)

DeLuca, Amato A. (Rhode Island)

Duggan, Sandra L. (Pennsylvania)

Labinger, Lynette J (Rhode Island)

Marcaccio, Raymond A. (Rhode Island)

Newberg, Herbert B. (Pennsylvania)

Attorneys(s) for Defendant

Connolly, Walter B. Jr. (Michigan)

Ledbetter, Beverly E. (Rhode Island)

Michaelson, Jeffrey S. (Rhode Island)

Expert/Monitor/Master

Cyr, Conrad Keefe (Maine)

Documents in the Clearinghouse

Document

1:92-cv-00197

Docket [PACER]

Nov. 17, 2004

Nov. 17, 2004

Docket
73

1:92-cv-00197

Opinion and Order

809 F.Supp. 978

Dec. 22, 1992

Dec. 22, 1992

Order/Opinion
84

92-02483

Opinion

U. S. Court of Appeals for the First Circuit

991 F.2d 888

April 16, 1993

April 16, 1993

Order/Opinion
161

1:92-cv-00197

Settlement Agreement and Stipulation of Dismissal in Regard to Equality of Treatment

Dec. 16, 1994

Dec. 16, 1994

Order/Opinion
202

1:92-cv-00197

Opinion and Order

879 F.Supp. 185

March 29, 1995

March 29, 1995

Order/Opinion
254

95-02205

Opinion

U. S. Court of Appeals for the First Circuit

101 F.3d 155

Nov. 21, 1996

Nov. 21, 1996

Order/Opinion

1:92-cv-00197

Joint Agreement

Cohen v. Brown

None

None

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9905756/cohen-v-brown-university/

Last updated Aug. 2, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; FILING FEE $ 120.00 RECEIPT # 25465 (Dube, P) (Entered: 04/13/1992)

April 9, 1992

April 9, 1992

357

MOTION to Enforce Judgment of October 15, 1998, MOTION to Expedite Discovery and Hearing, MOTION Enforce Judgment, Grant Interim Emergency Relief, Expedite Discovery and Hearing, and Reassign, MOTION to Reassign Case to a sitting member of the District of Rhode Island, MOTION to Adjudge in Contempt of the Judgment of October 15, 1998 filed by Jody Budge, Jennifer E. Cloud, Amy Cohen, Jennifer Hsu, Megan Hull, Melissa Kuroda, Catherine Luke, Karen A. McDonald, Eileen Rocchio, Darcy Shearer, Lisa C. Stern, Nicole A. Turgeon. Responses due by 7/13/2020. (Attachments: # 1 Supporting Memorandum, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Labinger, Lynette) Modified on 6/29/2020(Simoncelli, Michael). (Entered: 06/29/2020)

1 Supporting Memorandum

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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June 29, 2020

June 29, 2020

PACER

Case reassigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Lincoln D. Almond. District Judge Paul J. Barbadoro no longer assigned to the case. (Simoncelli, Michael)

June 29, 2020

June 29, 2020

PACER

SUMMONS(ES) issued (Dube, P) (Entered: 04/13/1992)

April 9, 1992

April 9, 1992

NOTICE of Hearing: Telephone Conference set for Thursday, 7/2/2020 at 02:30 PM before Chief Judge John J. McConnell, Jr.; Call in instructions will be provided to counsel of record(Barletta, Barbara)

June 29, 2020

June 29, 2020

PACER
2

MOTION by Amy Cohen, Eileen Rocchio, Nicole A. Turgeon, Karen A. McDonald, Melissa Kuroda, Lisa C. Stern, Jennifer Hsu, Jennifer E. Cloud, Darcy Shearer to Certify Class (Dube, P) (Entered: 04/13/1992)

April 9, 1992

April 9, 1992

3

MOTION by Amy Cohen, Eileen Rocchio, Nicole A. Turgeon, Karen A. McDonald, Melissa Kuroda, Lisa C. Stern, Jennifer Hsu, Jennifer E. Cloud, Darcy Shearer for Arthur H. Bryant, Herbert B. Newberg, Sandra L. Duggan to Appear Pro Hac Vice (Dube, P) (Entered: 04/13/1992)

April 9, 1992

April 9, 1992

Case Assigned/Reassigned

June 29, 2020

June 29, 2020

PACER
4

AFFIDAVIT of Arthur H. Bryant Re: [3−1] motion for Arthur H. Bryant, Herbert B. Newberg, Sandra L. Duggan to Appear Pro Hac Vice (Dube, P) (Entered: 04/13/1992)

April 9, 1992

April 9, 1992

Notice of Hearing (Form Attached)

June 29, 2020

June 29, 2020

PACER
5

AFFIDAVIT of Herbert B. Newberg Re: [3−1] motion for Arthur H. Bryant, Herbert B. Newberg, Sandra L. Duggan to Appear Pro Hac Vice (Dube, P) (Entered: 04/13/1992)

April 9, 1992

April 9, 1992

358

NOTICE of Appearance by Robert Clark Corrente on behalf of All Defendants (Corrente, Robert) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
6

AFFIDAVIT of Sandra L. Duggan Re: [3−1] motion for Arthur H. Bryant, Herbert B. Newberg, Sandra L. Duggan to Appear Pro Hac Vice (Dube, P) (Entered: 04/13/1992)

April 9, 1992

April 9, 1992

359

MOTION for Lori Bullock to Appear Pro Hac Vice for Plaintiffs Amy Cohen, et al. ( filing fee paid $ 100.00, receipt number 0103-1523827 ) filed by Jody Budge, Jennifer E. Cloud, Amy Cohen, Jennifer Hsu, Megan Hull, Melissa Kuroda, Catherine Luke, Karen A. McDonald, Eileen Rocchio, Darcy Shearer, Lisa C. Stern, Nicole A. Turgeon. (Labinger, Lynette) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER

CASE REFERRED to Magistrate Judge Timothy M. Boudewyns (Dube, P) (Entered: 04/13/1992)

April 13, 1992

April 13, 1992

TEXT ORDER granting 359 Motion to Appear Pro Hac Vice of Lori Bullock. So Ordered by Chief Judge John J. McConnell, Jr. on 6/30/2020. (Potter, Carrie)

June 30, 2020

June 30, 2020

PACER
7

NOTICES (9) by Brown University to take deposition of Mellissa Kuroda; Karen A. McDonald; Nicole A. Turgeon; Eileen Rocchio; Amy Cohen; Lisa Stern; Darcie Shearer; Jennifer Hsu and Jennifer E. Cloud. (Dube, P) (Entered: 04/29/1992)

April 27, 1992

April 27, 1992

360

MOTION for Roberta A. Kaplan to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1523933 ) filed by All Defendants. (Corrente, Robert) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
8

OBJECTION by Brown University, Vartan Gregorian, David Roach to [2−1] motion to Certify Class (Dube, P) (Entered: 04/29/1992)

April 27, 1992

April 27, 1992

361

MOTION for Joshua Matz to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1523935 ) filed by All Defendants. (Corrente, Robert) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
10

MOTION by Brown University, Vartan Gregorian, David Roach to Enlarge Time to ans. complaint to 5/11/92 (Dube, P) (Entered: 04/30/1992)

April 29, 1992

April 29, 1992

362

MOTION for Gabrielle E. Tenzer to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1523936 ) filed by All Defendants. (Corrente, Robert) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
363

MOTION for David Shieh to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1523937 ) filed by All Defendants. (Corrente, Robert) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
11

AMENDED COMPLAINT by Amy Cohen, Eileen Rocchio, Nicole A. Turgeon, Karen A. McDonald, Melissa Kuroda, Lisa C. Stern, Jennifer Hsu, Jennifer E. Cloud, Darcy Shearer , (Answer due 5/18/92 for David Roach, for Vartan Gregorian, for Brown University ) amending [1−1] complaint against Jody Budge, Megan Hull, Catherine Luke, Kyle Hackett (Dube, P) (Entered: 04/30/1992)

April 30, 1992

April 30, 1992

Order on Motion to Appear Pro Hac Vice

June 30, 2020

June 30, 2020

PACER
12

RESPONSE by Amy Cohen, Eileen Rocchio, Nicole A. Turgeon, Karen A. McDonald, Melissa Kuroda, Lisa C. Stern, Jennifer Hsu, Jennifer E. Cloud, Darcy Shearer, Jody Budge, Megan Hull, Catherine Luke, Kyle Hackett in support of [10−1] motion to Enlarge Time to ans. complaint to 5/11/92 (Dube, P) (Entered: 04/30/1992)

April 30, 1992

April 30, 1992

TEXT ORDER granting 360 Motion to Appear Pro Hac Vice of Roberta A. Kaplan ; granting 361 Motion to Appear Pro Hac Vice of Joshua Matz ; granting 362 Motion to Appear Pro Hac Vice of Gabrielle E. Tenzer; granting 363 Motion to Appear Pro Hac Vice of David Shieh. So Ordered by Chief Judge John J. McConnell, Jr. on 7/1/2020. (Potter, Carrie)

July 1, 2020

July 1, 2020

PACER
13

MOTION by Amy Cohen, Eileen Rocchio, Nicole A. Turgeon, Karen A. McDonald, Melissa Kuroda, Lisa C. Stern, Jennifer Hsu, Jennifer E. Cloud, Darcy Shearer, Jody Budge, Megan Hull, Catherine Luke, Kyle Hackett to shorten time to respond to discovery (Dube, P) (Entered: 04/30/1992)

April 30, 1992

April 30, 1992

364

NOTICE of Appearance by Lori Bullock on behalf of All Plaintiffs (Bullock, Lori) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER

Motion(s) referred: [13−1] motion to shorten time to respond to discovery referred to Judge Raymond J. Pettine, [10−1] motion to Enlarge Time to ans. complaint to 5/11/92 referred to Judge Raymond J. Pettine, [3−1] motion for Arthur H. Bryant, Herbert B. Newberg, Sandra L. Duggan to Appear Pro Hac Vice referred to Judge Raymond J. Pettine, [2−1] motion to Certify Class referred to Judge Raymond J. Pettine (Dube, P) (Entered: 05/01/1992)

May 1, 1992

May 1, 1992

Status conference held. Lynette Labinger for the pltf. Julius Michaelson &Jeff Michaelson for the defts. Pltf/m/PHV granted. Ct. would like the obj. to pltf/m/shorten disc. by Thursday 5/7 and he will rule on it by Friday, 5/8 Absolutely no chance of settlement. (Dube, P) (Entered: 05/05/1992)

May 4, 1992

May 4, 1992

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

July 1, 2020

July 1, 2020

PACER

Minute Entry for proceedings held before Chief Judge John J. McConnell, Jr.: Telephone Conference held on 7/2/2020; Lynette Labinger, Arthur Bryant, Leslie Brueckner, Lori Bullock, Roberta Kaplan, Robert Corrente, David Shieh and Gabrielle Tenzer participated (Barletta, Barbara)

July 2, 2020

July 2, 2020

PACER
14

MOTION by Vartan Gregorian to Dismiss (Zinni, C) (Entered: 05/05/1992)

May 4, 1992

May 4, 1992

TEXT ORDER : The Defendants shall file a response to the Motion to Expedite on or before Thursday, 7/9/20. The Defendants are ordered to expeditiously produce to the Plaintiffs all information that Brown has as to the elimination of certain athletic teams as it relates to gender and are requested to expeditiously also produce all documents concerning the elminination of certain athletic teams - So Ordered by Chief Judge John J. McConnell, Jr. on 7/2/2020. (Barletta, Barbara)

July 2, 2020

July 2, 2020

PACER
15

MOTION by Brown University to Dismiss (Zinni, C) (Entered: 05/05/1992)

May 4, 1992

May 4, 1992

Telephone Conference

July 2, 2020

July 2, 2020

PACER
16

MOTION by David Roach to Dismiss (Zinni, C) (Entered: 05/05/1992)

May 4, 1992

May 4, 1992

Order

July 2, 2020

July 2, 2020

PACER
17

ORDER granting [2−1] motion to Certify Class ( signed by Judge Raymond J. Pettine ) (Zinni, C) (Entered: 05/12/1992)

May 12, 1992

May 12, 1992

18

ORDER mooting [10−1] motion to Enlarge Time to ans. complaint to 5/11/92 ( signed by Judge Raymond J. Pettine ) (Zinni, C) (Entered: 05/12/1992)

May 12, 1992

May 12, 1992

365

MOTION for Jill Zwagerman to Appear Pro Hac Vice for Plaintiffs Amy Cohen, et al. ( filing fee paid $ 100.00, receipt number 0103-1526056 ) filed by Jody Budge, Jennifer E. Cloud, Amy Cohen, Jennifer Hsu, Megan Hull, Melissa Kuroda, Catherine Luke, Karen A. McDonald, Eileen Rocchio, Darcy Shearer, Lisa C. Stern, Nicole A. Turgeon. (Labinger, Lynette) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
19

ORDER mooting [13−1] motion to shorten time to respond to discovery ( signed by Judge Raymond J. Pettine ) (Zinni, C) (Entered: 05/12/1992)

May 12, 1992

May 12, 1992

TEXT ORDER granting 365 Motion to Appear Pro Hac Vice for Jill Zwagerman. - So Ordered by Chief Judge John J. McConnell, Jr. on 7/8/2020. (McGuire, Vickie)

July 8, 2020

July 8, 2020

PACER

Order on Motion to Appear Pro Hac Vice

July 8, 2020

July 8, 2020

PACER

Motion(s) no longer referred: [13−1] motion to shorten time to respond to discovery, [10−1] motion to Enlarge Time to ans. complaint to 5/11/92 (Zinni, C) (Entered: 05/12/1992)

May 12, 1992

May 12, 1992

20

ORDER granting [3−1] motion for Arthur H. Bryant, Herbert B. Newberg, Sandra L. Duggan to Appear Pro Hac Vice ( signed by Judge Raymond J. Pettine ) (Dube, P) (Entered: 05/18/1992)

May 15, 1992

May 15, 1992

366

RESPONSE In Opposition to 357 MOTION to Enforce Judgment of October 15, 1998 MOTION to Expedite Discovery and Hearing MOTION Enforce Judgment, Grant Interim Emergency Relief, Expedite Discovery and Hearing, and Reassign MOTION to Reassign Case to a sitting member of the District of Rhode Isalnd MOTION to Adjudge in Contempt of the Judgment of October 15, 1998 filed by All Defendants. Replies due by 7/16/2020. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Corrente, Robert) (Entered: 07/09/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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July 9, 2020

July 9, 2020

PACER
367

ORDER Re: Production of Documents. So Ordered by Chief Judge John J. McConnell, Jr. on 7/11/2020. (Simoncelli, Michael) (Entered: 07/11/2020)

July 11, 2020

July 11, 2020

PACER
21

MOTION by Amy Cohen, Eileen Rocchio, Nicole A. Turgeon, Karen A. McDonald, Melissa Kuroda, Lisa C. Stern, Jennifer Hsu, Jennifer E. Cloud, Darcy Shearer, Jody Budge, Megan Hull, Catherine Luke, Kyle Hackett to Enlarge Time to file memorandum of law in support of objection to m/dismiss (FarrellPletcher, P) (Entered: 05/20/1992)

May 18, 1992

May 18, 1992

21

OBJECTION by Amy Cohen, Eileen Rocchio, Nicole A. Turgeon, Karen A. McDonald, Melissa Kuroda, Lisa C. Stern, Jennifer Hsu, Jennifer E. Cloud, Darcy Shearer, Jody Budge, Megan Hull, Catherine Luke, Kyle Hackett to [16−1] motion to Dismiss, [15−1] motion to Dismiss, [14−1] motion to Dismiss (FarrellPletcher,

May 18, 1992

May 18, 1992

RECEIVED from Arthur H. Bryant, Esq. $20.00 for admission pro hac vice. Receipt #25784 (Zinni, C) (Entered: 05/28/1992)

May 26, 1992

May 26, 1992

23

MOTION by Brown University, Vartan Gregorian, David Roach to Enlarge Time to and including 6/15/92 to conduct discovery. (Zinni, C) (Entered: 06/02/1992)

May 29, 1992

May 29, 1992

Motion(s) referred: [16−1] motion to Dismiss referred to Judge Raymond J. Pettine, [15−1] motion to Dismiss referred to Judge Raymond J. Pettine, [14−1] motion to Dismiss referred to Judge Raymond J. Pettine (Dube, P) (Entered: 06/01/1992)

June 1, 1992

June 1, 1992

RECEIVED from Herbert B. Newberg, Esq. and Sandra L. Duggan, Esq. $40.00 for admission pro hac vice. Receipt #25814. (Zinni, C) (Entered: 06/02/1992)

June 1, 1992

June 1, 1992

24

MOTION by Amy Cohen, Eileen Rocchio, Nicole A. Turgeon, Karen A. McDonald, Melissa Kuroda, Lisa C. Stern, Jennifer Hsu, Jennifer E. Cloud, Darcy Shearer, Jody Budge, Megan Hull, Catherine Luke, Kyle Hackett to Compel Answers and Production (Zinni, C) (Entered: 06/05/1992)

June 2, 1992

June 2, 1992

25

RESPONSE by Amy Cohen, Eileen Rocchio, Nicole A. Turgeon, Karen A. McDonald, Melissa Kuroda, Lisa C. Stern, Jennifer Hsu, Jennifer E. Cloud, Darcy Shearer, Jody Budge, Megan Hull, Catherine Luke, Kyle Hackett in opposition to [23−1] motion to Enlarge Time to and including 6/15/92 to conduct discovery. (Zinni, C) (Entered: 06/05/1992)

June 2, 1992

June 2, 1992

Motion(s) referred: [23−1] motion to Enlarge Time to and including 6/15/92 to conduct discovery. referred to Magistrate Judge Timothy M. Boudewyns (Dube, P) (Entered: 06/10/1992)

June 10, 1992

June 10, 1992

26

ORDER granting [23−1] motion to Enlarge Time to and including 6/15/92 to conduct discovery. ( signed by Magistrate Judge Timothy M. Boudewyns ) (Dias, J) (Entered: 06/12/1992)

June 12, 1992

June 12, 1992

27

NOTICE by Amy Cohen et al to take deposition of David Roach and Arlene Gorton (Dube, P) (Entered: 07/08/1992)

July 8, 1992

July 8, 1992

28

MOTION by Amy Cohen, Eileen Rocchio, Nicole A. Turgeon, Karen A. McDonald, Melissa Kuroda, Lisa C. Stern, Jennifer Hsu, Jennifer E. Cloud, Darcy Shearer, Jody Budge, Megan Hull, Catherine Luke, Kyle Hackett for Preliminary Injunction (Zinni, C) (Entered: 07/17/1992)

July 15, 1992

July 15, 1992

29

NOTICE by Amy Cohen, Eileen Rocchio, Nicole A. Turgeon, Karen A. McDonald, Melissa Kuroda, Lisa C. Stern, Jennifer Hsu, Jennifer E. Cloud, Darcy Shearer, Jody Budge, Megan Hull, Catherine Luke, Kyle Hackett to take deposition of David Roach (Zinni, C) (Entered: 07/20/1992)

July 20, 1992

July 20, 1992

30

MOTION by Amy Cohen, Eileen Rocchio, Nicole A. Turgeon, Karen A. McDonald, Melissa Kuroda, Lisa C. Stern, Jennifer Hsu, Jennifer E. Cloud, Darcy Shearer, Jody Budge, Megan Hull, Catherine Luke, Kyle Hackett to Enlarge Time to and including 8/3/92 to respond to interr. (Zinni, C) (Entered: 07/20/1992)

July 20, 1992

July 20, 1992

31

MOTION by Brown University, Vartan Gregorian, David Roach to Enlarge Time to oppose motion for Preliminary Injunction (Zinni, C) (Entered: 07/28/1992)

July 24, 1992

July 24, 1992

32

OBJECTION by Brown University, Vartan Gregorian, David Roach to [30−1] motion to Enlarge Time to and including 8/3/92 to respond to interr. (Zinni, C) (Entered: 07/28/1992)

July 24, 1992

July 24, 1992

Motion(s) referred: [30−1] motion to Enlarge Time to and including 8/3/92 to respond to interr. referred to Magistrate Judge Timothy M. Boudewyns (Dube, P) (Entered: 07/27/1992)

July 27, 1992

July 27, 1992

34

MEMORANDUM &ORDER denying [16−1] motion to Dismiss denying [15−1] motion to Dismiss denying [14−1] motion to Dismiss. Deft/Roach is dismissed from the case in his individual cpapcity only − in all other respects, defts/motions to dismiss are denied. ( signed by Judge Raymond J. Pettine ) (Dube, P) (Entered: 08/07/1992)

Aug. 7, 1992

Aug. 7, 1992

35

ORDER granting [30−1] motion to Enlarge Time to and including 8/3/92 to respond to interr. ( signed by Magistrate Judge Timothy M. Boudewyns ) (Dias, J) (Entered: 08/07/1992)

Aug. 7, 1992

Aug. 7, 1992

36

RESPONSE by Amy Cohen, Eileen Rocchio, Nicole A. Turgeon, Karen A. McDonald, Melissa Kuroda, Lisa C. Stern, Jennifer Hsu, Jennifer E. Cloud, Darcy Shearer, Jody Budge, Megan Hull, Catherine Luke, Kyle Hackett in support of [31−1] motion to Enlarge Time to oppose motion for Preliminary Injunction (Zinni, C) (Entered: 08/17/1992)

Aug. 13, 1992

Aug. 13, 1992

Motion(s) referred: [31−1] motion to Enlarge Time to oppose motion for Preliminary Injunction referred to Magistrate Judge Timothy M. Boudewyns (Dube, P) (Entered: 08/20/1992)

Aug. 20, 1992

Aug. 20, 1992

37

OBJECTION by Brown University, Vartan Gregorian, David Roach to [28−1] motion for Preliminary Injunction (Zinni, C) (Entered: 08/26/1992)

Aug. 24, 1992

Aug. 24, 1992

38

MOTION by Brown University, Vartan Gregorian, David Roach to Enlarge Time to and including 9/7/92 to answer the complaint. (Zinni, C) (Entered: 08/26/1992)

Aug. 24, 1992

Aug. 24, 1992

39

MOTION by Catherine Luke to Withdraw as a named plaintiff and representative of the certified class and to voluntarily dismiss the amended complaint as it has been brought by her. (Zinni, C) (Entered: 08/26/1992)

Aug. 24, 1992

Aug. 24, 1992

40

ORDER granting [31−1] motion to Enlarge Time to oppose motion for Preliminary Injunction only until August 24, 1992. ( signed by Magistrate Judge Timothy M. Boudewyns ) (Dias, J) (Entered: 08/26/1992)

Aug. 24, 1992

Aug. 24, 1992

41

MOTION by Brown University, Vartan Gregorian, David Roach to Enlarge Time to obj. to m/withdraw (Dube, P) (Entered: 09/03/1992)

Sept. 2, 1992

Sept. 2, 1992

Motion(s) referred: [41−1] motion to Enlarge Time to obj. to m/withdraw referred to Magistrate Judge Timothy M. Boudewyns (Dube, P) (Entered: 09/04/1992)

Sept. 4, 1992

Sept. 4, 1992

Motion(s) referred: [28−1] motion for Preliminary Injunction referred to Judge Raymond J. Pettine (Dube, P) (Entered: 09/04/1992)

Sept. 4, 1992

Sept. 4, 1992

42

ORDER granting [33−1] motion to Enlarge Time to and including 8/11/92 to respond to defendant's interr. () (Dube, P) (Entered: 09/04/1992)

Sept. 4, 1992

Sept. 4, 1992

43

ORDER granting [41−1] motion to Enlarge Time to obj. to m/withdraw ( signed by Magistrate Judge Timothy M. Boudewyns ) (Dias, J) (Entered: 09/09/1992)

Sept. 8, 1992

Sept. 8, 1992

44

ANSWER by Brown University, Vartan Gregorian, David Roach (Attorney Beverly E. Ledbetter) to amended complaint (Dube, P) (Entered: 09/15/1992)

Sept. 8, 1992

Sept. 8, 1992

NOTICE of Hearing: for Preliminary Injunction sent to all counsel of record − Hring scheduled for Wed. 9/23/92 at 9:30 (Dube, P) (Entered: 09/11/1992)

Sept. 11, 1992

Sept. 11, 1992

Deadline updated; Motion Hearing set for 9:30 9/23/92 for [28−1] motion for Preliminary Injunction (Dube, P) (Entered: 09/11/1992)

Sept. 11, 1992

Sept. 11, 1992

45

ENTRY of appearance for Amy Cohen, Eileen Rocchio, Nicole A. Turgeon, Karen A. McDonald, Melissa Kuroda, Lisa C. Stern, Jennifer Hsu, Jennifer E. Cloud, Darcy Shearer, Jody Budge, Megan Hull, Catherine Luke, Kyle Hackett by Raymond A. Marcaccio (Zinni, C) (Entered: 10/07/1992)

Oct. 5, 1992

Oct. 5, 1992

47

NOTICE by Amy Cohen et al to take deposition of Michael Goldberger and Robert Clawson. (Dube, P) (Entered: 10/15/1992)

Oct. 13, 1992

Oct. 13, 1992

48

AMENDED NOTICE by Amy Cohen, Eileen Rocchio, Nicole A. Turgeon, Karen A. McDonald, Melissa Kuroda, Lisa C. Stern, Jennifer Hsu, Jennifer E. Cloud, Darcy Shearer, Jody Budge, Megan Hull, Catherine Luke, Kyle Hackett to take deposition of Robert Clawson and Michael Goldberger. (Zinni, C) (Entered: 10/19/1992)

Oct. 19, 1992

Oct. 19, 1992

49

SECOND MOTION by Brown University, Vartan Gregorian, David Roach in Limine (Zinni, C) (Entered: 10/22/1992)

Oct. 21, 1992

Oct. 21, 1992

50

MOTION by Brown University, Vartan Gregorian, David Roach for Protective Order (Zinni, C) (Entered: 10/22/1992)

Oct. 21, 1992

Oct. 21, 1992

51

MOTION by Amy Cohen, Eileen Rocchio, Nicole A. Turgeon, Karen A. McDonald, Melissa Kuroda, Lisa C. Stern, Jennifer Hsu, Jennifer E. Cloud, Darcy Shearer, Jody Budge, Megan Hull, Catherine Luke, Kyle Hackett to shorten time to respond to discovery. (Zinni, C) (Entered: 10/22/1992)

Oct. 22, 1992

Oct. 22, 1992

52

OBJECTION by Amy Cohen, Eileen Rocchio, Nicole A. Turgeon, Karen A. McDonald, Melissa Kuroda, Lisa C. Stern, Jennifer Hsu, Jennifer E. Cloud, Darcy Shearer, Jody Budge, Megan Hull, Catherine Luke, Kyle Hackett to [49−1] motion in Limine (Zinni, C) (Entered: 10/23/1992)

Oct. 22, 1992

Oct. 22, 1992

53

OBJECTION by Amy Cohen, Eileen Rocchio, Nicole A. Turgeon, Karen A. McDonald, Melissa Kuroda, Lisa C. Stern, Jennifer Hsu, Jennifer E. Cloud, Darcy Shearer, Jody Budge, Megan Hull, Catherine Luke, Kyle Hackett to [46−1] motion in Limine (Zinni, C) (Entered: 10/23/1992)

Oct. 22, 1992

Oct. 22, 1992

54

ORDER mooting [50−1] motion for Protective Order ( signed by Magistrate Judge Timothy M. Boudewyns ) (Dias, J) (Entered: 10/26/1992)

Oct. 23, 1992

Oct. 23, 1992

55

MOTION by Brown University, Vartan Gregorian, David Roach to Continue Hearing on Preliminary Injunction and Request for Expedited Consideration. (Zinni, C) (Entered: 10/26/1992)

Oct. 23, 1992

Oct. 23, 1992

56

MOTION by Brown University, Vartan Gregorian, David Roach to Quash and/or Modify Subpoenas. (Zinni, C) (Entered: 10/26/1992)

Oct. 26, 1992

Oct. 26, 1992

Bench trial − Hearing on P.I. Day One: Lynette Labinger, Esq., Arthur H. Bryant, Esq., Julius Michaelson, Esq., Jeffrey Michaelson, Esq. Plaintiff waives her opening statement. Defendant's opening statement. Five exhibits; one witness. (Zinni, C) (Entered: 10/26/1992)

Oct. 26, 1992

Oct. 26, 1992

Bench trial Day Two: Labinger, Marcaccio, Bryant, Michaelson − W−1 concluded, W−2 Dx; two exhibits. (Zinni, C) (Entered: 10/30/1992)

Oct. 27, 1992

Oct. 27, 1992

57

ORDER denying [49−1] motion in Limine ( signed by Judge Raymond J. Pettine ) (Dube, P) (Entered: 10/28/1992)

Oct. 28, 1992

Oct. 28, 1992

58

ORDER denying [46−1] motion in Limine ( signed by Judge Raymond J. Pettine ) (Dube, P) (Entered: 10/28/1992)

Oct. 28, 1992

Oct. 28, 1992

59

ORDER denying [55−1] motion to Continue Hearing on Preliminary Injunction and Request for Expedited Consideration. ( signed by Judge Raymond J. Pettine ) (Dube, P) (Entered: 10/28/1992)

Oct. 28, 1992

Oct. 28, 1992

Bench trial Day Three: Labinger, Marcaccio, Bryant, Michaelson − W−2 concludes; W−3 Dx and two exhibits. (Zinni, C) (Entered: 10/30/1992)

Oct. 28, 1992

Oct. 28, 1992

60

ORDER granting [39−1] motion to Withdraw as a named plaintiff and representative of the certified class and to voluntarily dismiss the amended complaint as it has been brought by her. ( signed by Judge Raymond J. Pettine ) (Dube, P) (Entered: 10/29/1992)

Oct. 29, 1992

Oct. 29, 1992

Case Details

State / Territory: Rhode Island

Case Type(s):

Education

Key Dates

Filing Date: April 9, 1992

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiff class comprises all present, future, and potential Brown University women students who participate, seek to participate, and/or are deterred from participating in intercollegiate athletics funded by Brown.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Public Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Brown University, Private Entity/Person

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

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Amount Defendant Pays: 1.08 million

Order Duration: 2003 - None

Content of Injunction:

Discrimination Prohibition

Monitoring

Preliminary relief granted

Student assignment

Training

Issues

General:

Classification / placement

Funding

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Non-government non-profit