Case: SurvJustice Inc. v. Devos

3:18-cv-00535 | U.S. District Court for the Northern District of California

Filed Date: Jan. 25, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 25, 2018, SurvJustice, Equal Rights Advocates, and Victim Rights Law Center filed this lawsuit in the United States District Court for the Northern District of California. These three nonprofit organizations sued the U.S. Department of Education under Title IX of the Education Amendments of 1972, the Administrative Procedure Act (APA), and 42 U.S.C. § 1983. Represented by Democracy Forward, the National Center for Youth Law, and the National Women’s Law Center, the plaintiffs sought …

On January 25, 2018, SurvJustice, Equal Rights Advocates, and Victim Rights Law Center filed this lawsuit in the United States District Court for the Northern District of California. These three nonprofit organizations sued the U.S. Department of Education under Title IX of the Education Amendments of 1972, the Administrative Procedure Act (APA), and 42 U.S.C. § 1983. Represented by Democracy Forward, the National Center for Youth Law, and the National Women’s Law Center, the plaintiffs sought declaratory and injunctive relief, as well as attorneys’ fees.

Specifically, the complaint alleged that the Department of Education’s decision to rescind sexual violence guidance documents issued in 2011 and 2014 created educational access disparities on the basis of sex and hampered the plaintiffs' ability to do their jobs. The complaint argued that the new policy violated the Equal Protection Clause of the Fifth Amendment. It further argued that the decision had been made without the proper procedures, in violation of the APA.

On February 21, 2018, the plaintiffs amended their complaint, including several new factual allegations regarding accusations of sexual assault against top government officials and adverse changes to universities’ policies as a result of the Title IX guidance. The defendant filed a motion to dismiss for lack of jurisdiction, arguing that the plaintiffs lacked standing to sue and that the plaintiffs failed to plead that the Department of Justice had a discriminatory purpose on May 2, 2018.

On August 31, 2018, non-profit organizations Women’s and Children’s Advocacy Project, Equal Means Equal, National Coalition Against Violent Athletes, Allies Reaching for Equality, Women Matter, and We are Women filed a motion for leave to intervene as plaintiffs. These organizations argued that the parties and court did not address the issues raised in the organizations’ amicus curiae briefs as the plaintiffs did not amend the complaint to argue in favor of the right to equal treatment.

Magistrate Judge Jacqueline Scott Corley granted the May 2, 2018 motion to dismiss on October 1, 2018 because the allegations were insufficient to show standing to bring an equal protection claim; the 2017 Guidance was not a final agency action for purposes of an APA claim; and the allegations did not plausibly suggest that the defendants acted outside their authority for the ultra vires claim. 2018 WL 4770741. The first and third claims were dismissed without prejudice and with leave to amend, while the APA claim was dismissed with prejudice. Plaintiffs filed an amended complaint on October 31, 2018 and the organizations refiled a motion for leave to intervene as plaintiffs on November 20, 2018. The defendants filed a motion to dismiss for lack of jurisdiction and failure to state a claim on December 14, 2018.

On February 19, 2019, the plaintiffs filed a motion for reconsideration of the dismissal of the APA claim.

On March 29, 2019, Judge Corley denied the defendants' motion to dismiss for lack of Article III standing but granted their motion to dismiss the plaintiffs' equal protection and ultra vires claims. 2019 WL 143141. On that same day, Judge Scott granted the plaintiffs' motion for reconsideration, finding that a recent Ninth Circuit decision warranted reconsidering the plaintiffs' APA claim. 2019 WL 1434144. Finally, Judge Corley denied the motion to intervene, finding that the motion was untimely, that the intervenors failed to establish Article III standing, and that the intervenors' interests were adequately represented by the existing plaintiffs. 2019 WL 1427447.

On April 18, 2019, the plaintiffs submitted a Third Amended Complaint, removing the ultra vires and equal protection claims and reinserting the APA claim.

The plaintiffs and defendants filed cross-motions for summary judgment. On November 1, 2019, Judge Corley denied the plaintiffs' motion for summary judgment and granted the defendants' motion. 2019 WL 5684522. She agreed with the defendants' argument that the challenged agency action was not "final" for purposes of judicial review under the APA. The plaintiffs appealed this decision to the Ninth Circuit. The appeal is pending.

Summary Authors

Rebecca Strauss (7/30/2018)

Erica Becker (3/14/2019)

Hope Brinn (5/15/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6283245/parties/survjustice-inc-v-devos/


Judge(s)

Corley, Jacqueline Scott (California)

Attorneys(s) for Plaintiff

Abrokwa, Alice (District of Columbia)

Brodsky, Alexandra (District of Columbia)

Chandy, Sunu P. (New York)

Chaudhry, Neena K. (District of Columbia)

Galanter, Seth Michael (District of Columbia)

Guzman, Javier M (District of Columbia)

Jones, Karianne M. (District of Columbia)

Martin, Emily J. (New York)

Perryman, Skye L. (District of Columbia)

Judge(s)

Corley, Jacqueline Scott (California)

Attorneys(s) for Plaintiff

Abrokwa, Alice (District of Columbia)

Brodsky, Alexandra (District of Columbia)

Chandy, Sunu P. (New York)

Chaudhry, Neena K. (District of Columbia)

Galanter, Seth Michael (District of Columbia)

Guzman, Javier M (District of Columbia)

Jones, Karianne M. (District of Columbia)

Martin, Emily J. (New York)

Perryman, Skye L. (District of Columbia)

Reisch, Jennifer Abby (California)

Tang, Elizabeth (District of Columbia)

Thurston, Robin Frances (District of Columbia)

Welch, Leecia (California)

Attorneys(s) for Defendant

Dover, Marleigh D. (District of Columbia)

Marcus, Stephanie (District of Columbia)

Myers, Steven Andrew (District of Columbia)

Takemoto, Benjamin Thomas (District of Columbia)

Other Attorney(s)

Fillerup, Jeffrey L (California)

Murphy, Wendy (Massachusetts)

Documents in the Clearinghouse

Document

19-17555

Appellate Docket [PACER]

Equal Rights Advocates v. DeVos

U. S. Court of Appeals for the Ninth Circuit

Dec. 23, 2019

Dec. 23, 2019

Docket

3:18-cv-00535

Docket [PACER]

Equal Rights Advocates v. United States Department of Education

Jan. 21, 2020

Jan. 21, 2020

Docket
1

3:18-cv-00535

Complaint for Injunctive Relief

Equal Rights Advocates v. United States Department of Education

Jan. 25, 2018

Jan. 25, 2018

Complaint
23

3:18-cv-00535

Amended Complaint for Injunctive Relief

Equal Rights Advocates v. United States Department of Education

Feb. 21, 2018

Feb. 21, 2018

Complaint
81

3:18-cv-00535

Order Re: Defendants' Motion to Dismiss

Equal Rights Advocates v. United States Department of Education

2018 WL 4770741

Oct. 1, 2018

Oct. 1, 2018

Order/Opinion
86

3:18-cv-00535

Second Amended Complaint for Injunctive Relief

Equal Rights Advocates v. United States Department of Education

Oct. 31, 2018

Oct. 31, 2018

Complaint
121

3:18-cv-00535

Order Re: Plaintiffs' Motion for Reconsideration

SurvJustice Inc v. Devos

2019 WL 1434144

March 29, 2019

March 29, 2019

Order/Opinion
120

3:18-cv-00535

Order Re: Defendants' Motion to Dismiss the Second Amended Complaint

SurvJustice Inc v. Devos

2019 WL 1434141

March 29, 2019

March 29, 2019

Order/Opinion
122

3:18-cv-00535

Order Denying Motion to Intervene

SurvJustice Inc v. Devos

2019 WL 1427447

March 29, 2019

March 29, 2019

Order/Opinion
123

3:18-cv-00535

Third Amended Complaint for Injunctive Relief

SurvJustice, Inc v. Devos

April 18, 2019

April 18, 2019

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6283245/survjustice-inc-v-devos/

Last updated Aug. 4, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR INJUNCTIVE RELIEF against Elisabeth DeVos, Candice Jackson, United States Department of Education (Filing fee $ 400, receipt number 0971-12054117). Filed by Equal Rights Advocates, SurvJustice Inc, Victim Rights Law Center. (Attachments: # 1 Civil Cover Sheet)(Reisch, Jennifer) (Filed on 1/25/2018) Modified on 1/29/2018 (slhS, COURT STAFF). (Entered: 01/25/2018)

1 Civil Cover Sheet

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Jan. 25, 2018

Jan. 25, 2018

RECAP
2

Proposed Summons. (Reisch, Jennifer) (Filed on 1/25/2018) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
3

Proposed Summons. (Reisch, Jennifer) (Filed on 1/25/2018) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
4

Proposed Summons. (Reisch, Jennifer) (Filed on 1/25/2018) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
5

Proposed Summons. (Reisch, Jennifer) (Filed on 1/25/2018) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
6

Proposed Summons. (Reisch, Jennifer) (Filed on 1/25/2018) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
7

Certificate of Interested Entities by Equal Rights Advocates, SurvJustice, Inc., Victim Rights Law Center (Reisch, Jennifer) (Filed on 1/25/2018) Modified on 1/29/2018 (slhS, COURT STAFF). (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
8

Case assigned to Magistrate Judge Jacqueline Scott Corley. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/8/2018. (srnS, COURT STAFF) (Filed on 1/25/2018) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
9

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12058208.) filed by Equal Rights Advocates, SurvJustice, Victim Rights Law Center. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Abrokwa, Alice) (Filed on 1/26/2018) (Entered: 01/26/2018)

1 Certificate/Proof of Service Certificate of Good Standing

View on PACER

Jan. 26, 2018

Jan. 26, 2018

PACER
10

ORDER by Magistrate Judge Jacqueline Scott Corley granting 9 Motion for Pro Hac Vice as to Alice Abrokwa. (ahm, COURT STAFF) (Filed on 1/26/2018) (Entered: 01/26/2018)

Jan. 26, 2018

Jan. 26, 2018

PACER
11

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/19/2018. Initial Case Management Conference set for 4/26/2018 01:30 PM in San Francisco, Courtroom F, 15th Floor. (slhS, COURT STAFF) (Filed on 1/29/2018) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
12

Summons Issued as to Elisabeth DeVos, Candice Jackson, U.S. Department of Education, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Jackson, # 2 Dept of Education, # 3 Attorney General, # 4 U.S. Attorney)(slhS, COURT STAFF) (Filed on 1/29/2018) (Entered: 01/29/2018)

1 Jackson

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2 Dept of Education

View on PACER

3 Attorney General

View on PACER

4 U.S. Attorney

View on PACER

Jan. 29, 2018

Jan. 29, 2018

PACER
13

MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice by Javier M. Guzman ( Filing fee $ 310, receipt number 0971-12077378.) filed by Equal Rights Advocates, SurvJustice Inc, Victim Rights Law Center. (Welch, Leecia) (Filed on 2/1/2018) Modified on 2/2/2018 (aaaS, COURT STAFF). (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
14

MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice by Karianne M. Jones ( Filing fee $ 310, receipt number 0971-12077445.) filed by Equal Rights Advocates, SurvJustice Inc, Victim Rights Law Center. (Welch, Leecia) (Filed on 2/1/2018) Modified on 2/2/2018 (aaaS, COURT STAFF). (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
15

MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice by Skye L. Perryman ( Filing fee $ 310, receipt number 0971-12077476.) filed by Equal Rights Advocates, SurvJustice Inc, Victim Rights Law Center. (Welch, Leecia) (Filed on 2/1/2018) Modified on 2/2/2018 (aaaS, COURT STAFF). (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
16

MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice by Robin F. Thurston ( Filing fee $ 310, receipt number 0971-12077517.) filed by Equal Rights Advocates, SurvJustice Inc, Victim Rights Law Center. (Welch, Leecia) (Filed on 2/1/2018) Modified on 2/2/2018 (aaaS, COURT STAFF). (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
17

CERTIFICATE OF SERVICE by Equal Rights Advocates, SurvJustice Inc, Victim Rights Law Center (Attachments: # 1 Declaration Benjamin J. Link)(Abrokwa, Alice) (Filed on 2/8/2018) (Entered: 02/08/2018)

1 Declaration Benjamin J. Link

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Feb. 8, 2018

Feb. 8, 2018

PACER
18

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Equal Rights Advocates, SurvJustice Inc, Victim Rights Law Center.. (Abrokwa, Alice) (Filed on 2/8/2018) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
19

ORDER by Magistrate Judge Jacqueline Scott Corley granting 13 Motion for Pro Hac Vice as to Javier M. Guzman. (ahm, COURT STAFF) (Filed on 2/8/2018) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
20

ORDER by Magistrate Judge Jacqueline Scott Corley granting 14 Motion for Pro Hac Vice as to Karianne M. Jones. (ahm, COURT STAFF) (Filed on 2/8/2018) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
21

ORDER by Magistrate Judge Jacqueline Scott Corley granting 15 Motion for Pro Hac Vice as to Skye L. Perryman. (ahm, COURT STAFF) (Filed on 2/8/2018) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
22

ORDER by Magistrate Judge Jacqueline Scott Corley granting 16 Motion for Pro Hac Vice as to Robin F. Thurston. (ahm, COURT STAFF) (Filed on 2/8/2018) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
23

AMENDED COMPLAINT against Elisabeth DeVos, Candice Jackson, United States Department of Education . Filed by SurvJustice Inc, Equal Rights Advocates, Victim Rights Law Center. (Abrokwa, Alice) (Filed on 2/21/2018) Modified on 2/22/2018 (slhS, COURT STAFF). (Entered: 02/21/2018)

Feb. 21, 2018

Feb. 21, 2018

RECAP
24

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12153991.) filed by Equal Rights Advocates, SurvJustice Inc, Victim Rights Law Center. (Brodsky, Alexandra) (Filed on 3/2/2018) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
25

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12154093.) filed by Equal Rights Advocates, SurvJustice Inc, Victim Rights Law Center. (Chandy, Sunu) (Filed on 3/2/2018) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
26

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12154108.) filed by Equal Rights Advocates, SurvJustice Inc, Victim Rights Law Center. (Chaudhry, Neena) (Filed on 3/2/2018) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
27

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12154140.) filed by Equal Rights Advocates, SurvJustice Inc, Victim Rights Law Center. (Martin, Emily) (Filed on 3/2/2018) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
28

ORDER by Magistrate Judge Jacqueline Scott Corley granting 24 Motion for Pro Hac Vice as to Alexandra Brodsky. (ahm, COURT STAFF) (Filed on 3/5/2018) (Entered: 03/05/2018)

March 5, 2018

March 5, 2018

PACER
29

ORDER by Magistrate Judge Jacqueline Scott Corley granting 25 Motion for Pro Hac Vice as to Sunu Chandy. (ahm, COURT STAFF) (Filed on 3/5/2018) (Entered: 03/05/2018)

March 5, 2018

March 5, 2018

PACER
30

ORDER by Magistrate Judge Jacqueline Scott Colrey granting 26 Motion for Pro Hac Vice as to Neena Chaudhry. (ahm, COURT STAFF) (Filed on 3/5/2018) (Entered: 03/05/2018)

March 5, 2018

March 5, 2018

PACER
31

ORDER by Magistrate Judge Jacqueline Scott Corley granting 27 Motion for Pro Hac Vice Emily Martin. (ahm, COURT STAFF) (Filed on 3/5/2018) (Entered: 03/05/2018)

March 5, 2018

March 5, 2018

PACER
32

CERTIFICATE OF SERVICE by Equal Rights Advocates, SurvJustice Inc, Victim Rights Law Center (Attachments: # 1 Declaration)(Thurston, Robin) (Filed on 3/12/2018) (Entered: 03/12/2018)

1 Declaration

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March 12, 2018

March 12, 2018

PACER
33

NOTICE of Appearance by Benjamin Thomas Takemoto (Takemoto, Benjamin) (Filed on 3/28/2018) (Entered: 03/28/2018)

March 28, 2018

March 28, 2018

PACER
34

STIPULATION WITH PROPOSED ORDER filed by Elisabeth DeVos, Candice Jackson, U.S. Department of Education. (Attachments: # 1 Takemoto Declaration)(Takemoto, Benjamin) (Filed on 3/28/2018) (Entered: 03/28/2018)

1 Takemoto Declaration

View on PACER

March 28, 2018

March 28, 2018

PACER
35

CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 4/11/2018. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 3/28/2018) (Entered: 03/28/2018)

March 28, 2018

March 28, 2018

PACER
36

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Elisabeth DeVos, Candice Jackson, U.S. Department of Education.. (Takemoto, Benjamin) (Filed on 3/29/2018) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
37

ORDER by Magistrate Judge Jacqueline Scott Corley granting 34 Stipulation Changing Time. Joint Case Management Statement due by 6/21/2018. Initial Case Management Conference reset for 6/28/2018 at 1:30 PM in San Francisco, Courtroom F, 15th Floor. (ahm, COURT STAFF) (Filed on 3/29/2018) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
38

NOTICE of Appearance by Steven Andrew Myers (Myers, Steven) (Filed on 4/2/2018) (Entered: 04/02/2018)

April 2, 2018

April 2, 2018

PACER
39

NOTICE of Change In Counsel by Robin Frances Thurston (Thurston, Robin) (Filed on 4/25/2018) (Entered: 04/25/2018)

April 25, 2018

April 25, 2018

PACER
40

MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction filed by Elisabeth DeVos, Candice Jackson, U.S. Department of Education. Motion Hearing set for 6/28/2018 09:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 6/1/2018. Replies due by 6/8/2018. (Myers, Steven) (Filed on 5/2/2018) (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

RECAP
41

CLERK'S NOTICE REGARDING TIME OF CASE MANAGEMENT CONFERENCE. Please take notice that the case management conference currently scheduled for June 28, 2018 at 1:30 p.m. shall commence at 9:00 a.m. before Magistrate Judge Jacqueline Scott Corley, in Courtroom F, 15th Floor, Federal Building, 450 Golden Gate Avenue in San Francisco. A joint case management statement shall be filed seven days prior to the conference. (This is a text only docket entry, there is no document associated with this notice.) (ahm, COURT STAFF) (Filed on 5/10/2018) (Entered: 05/10/2018)

May 10, 2018

May 10, 2018

PACER
42

STIPULATION WITH PROPOSED ORDER filed by Elisabeth DeVos, Candice Jackson, U.S. Department of Education. (Attachments: # 1 Declaration Declaration of Steven A. Myers)(Myers, Steven) (Filed on 5/22/2018) (Entered: 05/22/2018)

1 Declaration Declaration of Steven A. Myers

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May 22, 2018

May 22, 2018

RECAP
43

ORDER by Magistrate Judge Jacqueline Scott Corley granting 42 Stipulation Rescheduling Briefing Schedule and Case Management Conference. Joint Case Management Statement due by 7/12/2018. Initial Case Management Conference reset for 7/19/2018 at 9:00 AM in San Francisco, Courtroom F, 15th Floor. (ahm, COURT STAFF) (Filed on 5/23/2018) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

PACER

Set Motion and Deadlines/Hearings

May 23, 2018

May 23, 2018

PACER

Set/Reset Deadlines as to 40 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction . Responses due by 6/8/2018. Replies due by 6/27/2018. Motion Hearing reset for 7/19/2018 at 9:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 5/23/2018)

May 23, 2018

May 23, 2018

PACER
44

CLERK'S NOTICE REGARDING TIME OF HEARINGS. To all parties and counsel of record: Please take notice that all hearings currently scheduled for July 19, 2018 at 9:00 a.m. shall commence at 2:00 p.m., before Magistrate Judge Jacqueline Scott Corley, in Courtroom F, 15th Floor, Federal Building, 450 Golden Gate Avenue in San Francisco. (This is a text only docket entry, there is no document associated with this notice.) (ahm, COURT STAFF) (Filed on 5/31/2018) Modified on 5/31/2018 (ahm, COURT STAFF). (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER

Set Motion and Deadlines/Hearings

May 31, 2018

May 31, 2018

PACER

Set/Reset Deadlines as to 40 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing reset for 7/19/2018 at 2:00 PM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 5/31/2018)

May 31, 2018

May 31, 2018

PACER
45

OPPOSITION/RESPONSE (re 40 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction ) filed byEqual Rights Advocates, SurvJustice Inc, Victim Rights Law Center. (Thurston, Robin) (Filed on 6/8/2018) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

PACER
46

MOTION to File Amicus Curiae Brief filed by The Women's and Children's Advocacy Project, Equal Means Equal, National Coalition Against Violent Athletes, Faculty Against Rape, Allies Reaching for Equality, Women Matter, We Are Woman. Motion Hearing set for 7/19/2018 09:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 6/28/2018. Replies due by 7/5/2018. (Fillerup, Jeffrey) (Filed on 6/14/2018) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER
47

EXHIBITS re 46 MOTION to File Amicus Curiae Brief (Amicus Curiae Brief on Behalf of the Womens and Childrens Advocacy Project, Equal Means Equal, National Coalition Against Violent Athletes, Allies Reaching for Equality, Women Matter, and We Are Woman) filed byThe Women's and Children's Advocacy Project, Equal Means Equal, National Coalition Against Violent Athletes, Faculty Against Rape, Allies Reaching for Equality, Women Matter, We Are Woman. (Related document(s) 46 ) (Fillerup, Jeffrey) (Filed on 6/14/2018) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

RECAP
48

REPLY MEMORANDUM in Support (re 40 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction) filed by Elisabeth DeVos, Candice Jackson, U.S. Department of Education. (Myers, Steven) (Filed on 6/27/2018) Modified on 6/29/2018 (slhS, COURT STAFF). (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

RECAP
49

Statement of Non-Opposition re 46 MOTION to File Amicus Curiae Brief filed by Equal Rights Advocates, SurvJustice Inc, Victim Rights Law Center. (Thurston, Robin) (Filed on 6/28/2018) Modified on 6/29/2018 (slhS, COURT STAFF). (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

RECAP

Set/Reset Hearings

June 28, 2018

June 28, 2018

PACER
50

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Thurston, Robin) (Filed on 6/28/2018) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER

Set Motion and Deadlines/Hearings No NEF

June 28, 2018

June 28, 2018

PACER
51

MOTION for leave to appear in Pro Hac Vice by Wendy Murphy, New England Law |Boston ( Filing fee $ 310, receipt number 0971-12472118.) filed by The Women's and Children's Advocacy Project, Equal Means Equal, National Coalition Against Violent Athletes, Faculty Against Rape, Allies Reaching for Equality, Women Matter, We Are Woman. (Fillerup, Jeffrey) (Filed on 6/28/2018) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
52

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Takemoto, Benjamin) (Filed on 6/28/2018) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
53

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Takemoto, Benjamin) (Filed on 6/28/2018) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
54

OPPOSITION/RESPONSE (re 46 MOTION to File Amicus Curiae Brief ) filed byElisabeth DeVos, Candice Jackson, U.S. Department of Education. (Takemoto, Benjamin) (Filed on 6/28/2018) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

RECAP
55

ADR Clerk's Notice Setting ADR Phone Conference on Friday, July 13, 2018, at 11:30 AM Pacific time (2:30 PM Eastern time). Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 6/28/2018) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
56

CLERK'S NOTICE REGARDING TIME OF HEARINGS. To all parties and counsel of record: Please take notice that the pending motion hearings (Dkt. Nos. 40 & 46 ) and initial case management conference scheduled for July 19, 2018 shall commence at 9:00 a.m., before Magistrate Judge Jacqueline Scott Corley, in Courtroom F, 15th Floor, Federal Building, 450 Golden Gate Avenue in San Francisco. A joint case management statement shall be filed seven days prior to the case management conference. (This is a text only docket entry, there is no document associated with this notice.) (ahm, COURT STAFF) (Filed on 6/28/2018) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER

Set/Reset Hearing: Initial Case Management Conference set for 7/19/2018 at 09:00 AM in San Francisco, Courtroom F, 15th Floor. (ahm, COURT STAFF) (Filed on 6/28/2018)

June 28, 2018

June 28, 2018

PACER

Set/Reset Deadlines as to 40 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 7/19/2018 at 9:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 6/28/2018)

June 28, 2018

June 28, 2018

PACER
57

ORDER by Magistrate Judge Jacqueline Scott Corley granting 46 Motion to File Amicus Curiae Brief. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Corley, Jacqueline) (Filed on 6/29/2018) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
58

ORDER by Magistrate Judge Jacqueline Scott Corley granting 51 Motion for Pro Hac Vice as to Wendy Murphy. (ahm, COURT STAFF) (Filed on 6/29/2018) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
59

Letter from Jeffrey L. Fillerup [Request for Permission for Telephonic Appearance by Wendy Murphy]. (Fillerup, Jeffrey) (Filed on 7/2/2018) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

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60

ORDER granting 59 Request for Permission for Telephonic Appearance by Wendy Murphy. Counsel shall contact Court Call at 1-888-882-6878 to make the arrangements to appear by telephone. Signed by Magistrate Judge Jacqueline Scott Corley on 7/3/2018. (ahm, COURT STAFF) (Filed on 7/3/2018) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

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61

CASE MANAGEMENT STATEMENT filed by Elisabeth DeVos, Candice Jackson, U.S. Department of Education. (Takemoto, Benjamin) (Filed on 7/12/2018) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

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62

ADR Remark: ADR Phone Conference held on 7/13/2018 by Howard Herman. (af, COURT STAFF) (Filed on 7/16/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
63

Letter from Plaintiffs Requesting Limited Telephonic Participation . (Thurston, Robin) (Filed on 7/16/2018) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

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64

Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Motion Hearing held on 7/19/2018 re 40 MOTION to Dismiss for Lack of Jurisdiction filed by U.S. Department of Education, Candice Jackson, Elisabeth DeVos. Plaintiffs' 10-page supplemental briefing shall filed by 8/2/2018 and Defendants' 10-page response shall be filed by 8/30/2018. Upon the submission of the supplemental briefing, the Court will take the matter submission. (FTR Time: 9:02-10:39.)Attorney for Plaintiffs: Robin Thurston.Attorneys for Defendants: Steven Myers; Benjamin Takemoto. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 7/19/2018) Modified on 7/25/2018: Matter transcribed by Tara Bauer (ECHO Reporting). (rjdS, COURT STAFF). (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
65

NOTICE of Change In Counsel by Alexandra Brodsky (Brodsky, Alexandra) (Filed on 7/24/2018) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

PACER
66

TRANSCRIPT ORDER for proceedings held on 07/19/2018 before Magistrate Judge Jacqueline Scott Corley by Equal Rights Advocates, SurvJustice Inc, Victim Rights Law Center, for Court Reporter FTR - San Francisco. (Thurston, Robin) (Filed on 7/25/2018) (Entered: 07/25/2018)

July 25, 2018

July 25, 2018

PACER
67

Transcript of Proceedings of the official sound recording held on 07/19/18, before Judge Magistrate Judge Jacqueline Scott Corley. Court Reporter/Transcriber Echo Reporting, Inc., telephone number (858) 453-7590. Tape Number: FTR 9:02 - 10:39. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 66 Transcript Order, ) Redaction Request due 8/20/2018. Redacted Transcript Deadline set for 8/30/2018. Release of Transcript Restriction set for 10/29/2018. (Related documents(s) 66 ) (tgb, COURT STAFF) (Filed on 7/30/2018) (Entered: 07/30/2018)

July 30, 2018

July 30, 2018

PACER
68

OPPOSITION/RESPONSE (re 40 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction ) Supplemental filing filed byEqual Rights Advocates, SurvJustice Inc, Victim Rights Law Center. (Thurston, Robin) (Filed on 8/2/2018) (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

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69

TRANSCRIPT ORDER for proceedings held on 07/19/2018 before Magistrate Judge Jacqueline Scott Corley by Elisabeth DeVos, Candice Jackson, U.S. Department of Education, for Court Reporter FTR - San Francisco. (Takemoto, Benjamin) (Filed on 8/3/2018) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

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70

Supplemental Memorandum in Support (re 40 MOTION to Dismiss) filed by Elisabeth DeVos, Candice Jackson, U.S. Department of Education. (Myers, Steven) (Filed on 8/30/2018) Modified on 9/5/2018 (slhS, COURT STAFF). (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

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71

MOTION to Intervene as Plaintiffs; Memorandum of Points and Authorities, and Proposed Complaint in Intervention filed by The Women's and Children's Advocacy Project, Equal Means Equal, National Coalition Against Violent Athletes, Faculty Against Rape, Allies Reaching for Equality, Women Matter, We Are Woman. Motion Hearing set for 10/18/2018 09:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 9/14/2018. Replies due by 9/21/2018. (Fillerup, Jeffrey) (Filed on 8/31/2018) Modified on 9/5/2018 (slhS, COURT STAFF). (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

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72

Supplemental Brief (Supplemental Amicus Curiae Brief on Behalf of The Womens and Childrens Advocacy Project, Equal Means Equal, National Coalition Against Violent Athletes, Allies Reaching for Equality, Women Matter, We Are Woman, and Safe Campuses, LLC) filed by The Women's and Children's Advocacy Project, Equal Means Equal, National Coalition Against Violent Athletes, Faculty Against Rape, Allies Reaching for Equality, Women Matter, We Are Woman. (Fillerup, Jeffrey) (Filed on 8/31/2018) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
73

CLERK'S NOTICE ADVANCNG MOTION HEARING. To all parties and counsel of record: Please take notice that due to the Court's unavailability, the hearing on the Motion to Intervene (Dkt. No. 71 ) currently scheduled for October 18, 2018 is advanced to October 17, 2018 at 9:00 a.m., before Magistrate Judge Jacqueline Scott Corley, in Courtroom F, 15th Floor, Federal Building, 450 Golden Gate Avenue in San Francisco. Pursuant to Civil L.R. 7-7(d), the briefing schedule shall remain the same. (This is a text only docket entry, there is no document associated with this notice.) (ahm, COURT STAFF) (Filed on 9/7/2018) (Entered: 09/07/2018)

Sept. 7, 2018

Sept. 7, 2018

PACER

Set Motion and Deadlines/Hearings No NEF

Sept. 7, 2018

Sept. 7, 2018

PACER

Set/Reset Deadlines as to 71 MOTION to Intervene as Plaintiffs. Motion Hearing reset for 10/17/2018 at 09:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 9/7/2018)

Sept. 7, 2018

Sept. 7, 2018

PACER
74

OPPOSITION/RESPONSE (re 71 MOTION to Intervene as Plaintiffs ) filed byEqual Rights Advocates, SurvJustice Inc, Victim Rights Law Center. (Thurston, Robin) (Filed on 9/14/2018) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

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75

OPPOSITION/RESPONSE (re 71 MOTION to Intervene as Plaintiffs ) filed by Elisabeth DeVos, Candice Jackson, U.S. Department of Education. (Attachments: # 1 Declaration of Steven A. Myers)(Myers, Steven) (Filed on 9/14/2018) (Entered: 09/14/2018)

1 Declaration of Steven A. Myers

View on PACER

Sept. 14, 2018

Sept. 14, 2018

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76

REPLY to Opposition (re 71 MOTION to Intervene as Plaintiffs ) filed by The Women's and Children's Advocacy Project, Equal Means Equal, National Coalition Against Violent Athletes, Faculty Against Rape, Allies Reaching for Equality, Women Matter, We Are Woman. (Fillerup, Jeffrey) (Filed on 9/21/2018) Modified on 9/25/2018 (slhS, COURT STAFF). (Entered: 09/21/2018)

Sept. 21, 2018

Sept. 21, 2018

PACER
77

Statement of New Ruling (L.R. 7.3(d)(2)) by The Women's and Children's Advocacy Project, Equal Means Equal, National Coalition Against Violent Athletes, Faculty Against Rape, Allies Reaching for Equality, Women Matter, We Are Woman. (Fillerup, Jeffrey) (Filed on 9/25/2018) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

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78

ADMINISTRATIVE MOTION Leave to File Surreply in Opposition to Motion to Intervene re 71 MOTION to Intervene as Plaintiffs filed by Elisabeth DeVos, Candice Jackson, U.S. Department of Education. Responses due by 10/2/2018. (Attachments: # 1 Declaration of Steven A. Myers, # 2 Exhibit Proposed Surreply, # 3 Exhibit Proposed Declaration of Steven A. Myers)(Myers, Steven) (Filed on 9/28/2018) (Entered: 09/28/2018)

1 Declaration of Steven A. Myers

View on PACER

2 Exhibit Proposed Surreply

View on PACER

3 Exhibit Proposed Declaration of Steven A. Myers

View on PACER

Sept. 28, 2018

Sept. 28, 2018

PACER
79

OPPOSITION/RESPONSE (re 78 ADMINISTRATIVE MOTION Leave to file surreply in opposition to motion to intervene re 71 MOTION to Intervene as Plaintiffs ) (Intervention Movants' Opposition to Defendants' Administrative Motion for Leave to File Surreply in Opposition to Motion to Intervene) filed byThe Women's and Children's Advocacy Project, Equal Means Equal, National Coalition Against Violent Athletes, Faculty Against Rape, Allies Reaching for Equality, Women Matter, We Are Woman. (Fillerup, Jeffrey) (Filed on 10/1/2018) (Entered: 10/01/2018)

Oct. 1, 2018

Oct. 1, 2018

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80

NOTICE of Change of Address by Benjamin Thomas Takemoto (Takemoto, Benjamin) (Filed on 10/1/2018) (Entered: 10/01/2018)

Oct. 1, 2018

Oct. 1, 2018

PACER
81

Order, signed 10/1/18, by Magistrate Judge Jacqueline Scott Corley granting 40 Motion to Dismiss; granting 40 Motion to Dismiss for Lack of Jurisdiction.( Amended Complaint, if any, due by 11/1/2018.).(klhS, COURT STAFF) (Filed on 10/1/2018) (Entered: 10/01/2018)

Oct. 1, 2018

Oct. 1, 2018

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82

MOTION to Withdraw 71 MOTION to Intervene as Plaintiffs filed by The Women's and Children's Advocacy Project, Equal Means Equal, National Coalition Against Violent Athletes, Faculty Against Rape, Allies Reaching for Equality, Women Matter, We Are Woman. Motion Hearing set for 10/17/2018 09:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 10/18/2018. Replies due by 10/25/2018. (Fillerup, Jeffrey) (Filed on 10/4/2018) (Entered: 10/04/2018)

Oct. 4, 2018

Oct. 4, 2018

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83

RESPONSE to Request to Withdraw (ECF 82) - statement of non-opposition by Equal Rights Advocates, SurvJustice Inc, Victim Rights Law Center. (Thurston, Robin) (Filed on 10/5/2018) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

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84

Response re 82 MOTION to Withdraw byElisabeth DeVos, Candice Jackson, U.S. Department of Education. (Takemoto, Benjamin) (Filed on 10/11/2018) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

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85

Remark: The motion to intervene (Dkt. No. 71 is terminated as it was withdrawn by the movant. (ahm, COURT STAFF) (Filed on 10/11/2018) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
86

AMENDED COMPLAINT against Elisabeth DeVos, Candice Jackson, U.S. Department of Education. Filed bySurvJustice Inc, Equal Rights Advocates, Victim Rights Law Center. (Thurston, Robin) (Filed on 10/31/2018) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

RECAP
87

STIPULATION WITH PROPOSED ORDER re: briefing schedule for Defendants' motion to dismiss second amended complaint filed by Elisabeth DeVos, Candice Jackson, U.S. Department of Education. (Attachments: # 1 Declaration of Steven A. Myers)(Myers, Steven) (Filed on 11/6/2018) (Entered: 11/06/2018)

1 Declaration of Steven A. Myers

View on PACER

Nov. 6, 2018

Nov. 6, 2018

PACER
88

ORDER by Magistrate Judge Jacqueline Scott Corley granting 87 Stipulation re: briefing schedule for Defendants' motion to dismiss second amended complaint. (ahm, COURT STAFF) (Filed on 11/8/2018) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

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89

MOTION for Leave to Intervene ; Memorandum of Points and Authorities, and Proposed Complaint in Intervention filed by The Women's and Children's Advocacy Project, Equal Means Equal, National Coalition Against Violent Athletes, Faculty Against Rape, Allies Reaching for Equality, Women Matter, We Are Woman. Motion Hearing set for 2/14/2019 09:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 12/4/2018. Replies due by 12/11/2018. (Fillerup, Jeffrey) (Filed on 11/20/2018) Modified on 11/21/2018 (slhS, COURT STAFF). (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

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90

OPPOSITION/RESPONSE (re 89 MOTION for Leave to Intervene ) filed byElisabeth DeVos, Candice Jackson, U.S. Department of Education. (Attachments: # 1 Declaration of Steven A. Myers, # 2 Exhibit to Myers Declaration)(Takemoto, Benjamin) (Filed on 12/4/2018) (Entered: 12/04/2018)

1 Declaration of Steven A. Myers

View on PACER

2 Exhibit to Myers Declaration

View on PACER

Dec. 4, 2018

Dec. 4, 2018

RECAP

Case Details

State / Territory: California

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 25, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three nonprofit organizations that advocate for survivors of sexual assault and gender-based discrimination.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States of America, Federal

Case Details

Causes of Action:

42 U.S.C. § 1983

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Funding

Discrimination-basis:

Sex discrimination

Affected Gender:

Female