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: Balow v. Michigan State University

1:21-cv-00044 | U.S. District Court for the Western District of Michigan

Filed Date: Jan. 15, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is an ongoing Title IX case about Michigan State University's attempt to eliminate its varsity aquatics program. In October 2020, MSU –– a NCAA Division 1 school –– announced it would discontinue its women's and men's varsity swimming and diving programs at the end of the 2020-2021 season due to budget cuts. Eleven women on the team then hired private counsel to sue the University, president, its board of trustees, and its director of athletics. Their January 15, 2021 complaint, filed in t…

This is an ongoing Title IX case about Michigan State University's attempt to eliminate its varsity aquatics program. In October 2020, MSU –– a NCAA Division 1 school –– announced it would discontinue its women's and men's varsity swimming and diving programs at the end of the 2020-2021 season due to budget cuts. Eleven women on the team then hired private counsel to sue the University, president, its board of trustees, and its director of athletics. Their January 15, 2021 complaint, filed in the U.S. District Court for the Western District of Michigan, alleged that MSU's decision violated Title IX by unequally allocating athletic participation opportunities, financial assistance, and treatment and benefits and violated the Michigan Civil Rights Act's prohibition on gender discrimination in education. The students said that many of the University's other women's sports teams were "padded" with non-competing athletes in order to make it appear that MSU athletics complied with Title IX. Even though the women's aquatics team had fewer members than the other teams, all of the swimmers and divers competed, so eliminating the team worsened MSU's pre-existing Title IX violations. 

The students sought declaratory and injunctive relief against the university with respect to all of their claims. Additionally, as to the Title IX unequal participation claim, the plaintiffs sought certification of a FRCP 23(b)(2) injunctive-relief class of "all present, prospective, and future female students at MSU who want[ed] to participate in the recently eliminated varsity sport of women's swimming and diving or who want to participate in other varsity sports not offered to women by MSU," and "female student athletes who are deterred from enrolling at MSU because it does not offer women the sport they wish to play." Finally, on the same day they filed their complaint, the plaintiffs also moved for a preliminary injunction. 

District Court Preliminary Relief Litigation

Motion practice ensued in the month after the complaint was filed. On February 19, 2021, the district court denied the students' motion for a preliminary injunction. Judge Hala Jarbou's opinion first rejected MSU's argument that there was no private right of action under Title IX, and found the students to have standing for equitable relief against the school to stop its decision to eliminate the team. But Judge Jarbou found the students could not demonstrate a substantial likelihood of success on the merits because none of the proffered expert reports showed a "participation gap" between male and female student-athletes at MSU that was high enough relative to the total number of athletes to violate Title IX. Even though the swimmers had shown a likelihood of irreparable injury absent an injunction, MSU would be substantially harmed by one, and the failure of the merits claim doomed the claim that an injunction would serve the public interest. The court concluded that, on balance, the relevant factors weighed against the grant of a preliminary injunction. 2021 WL 650712. 

Court of Appeals Preliminary Relief Litigation

The plaintiffs appealed on the day the district court issued its opinion, and the case was docketed in the Sixth Circuit on February 22, 2021. In May 2021, the U.S. Department of Justice Civil Rights Division appeared and filed a brief as amicus curiae in support of the plaintiffs. Motion practice occurred between May and July 2021. Oral argument was heard on October 26, 2021 before Circuit Judges Ralph B. Guy, Jr., Karen Nelson Moore, and Julia Smith Gibbons; the DOJ appeared at oral argument as well. 

On February 1, 2022, the court of appeals vacated the district court's opinion and remanded the case for further proceedings. Judge Moore delivered the court's opinion, which Judge Gibbons joined. The court of appeals found three reversible errors in the district court's opinion. First, Judge Moore found the district court's method was erroneous. It should have calculated the participation gap by "focus[ing] on the number of participation opportunities, not the gap as a percentage of the athletic program," because agency interpretations of Title IX require such an analysis. The second two errors relate to inputs into the calculation method. The district court could have relied more on the students' expert report, rather than questioning its utility in a Title IX context (it used a different counting method than Title IX requires, but not an impermissible one). Additionally, the relevant comparator to determine whether a given participation gap violates Title IX is the size of a viable team of actual competitors, not the average size team at the school. The Sixth Circuit's instructions on remand were for the district court to perform the preliminary injunction analysis again, this time with the new method and different inputs. 24 F.4th 1051. 

District Court Preliminary Relief Re-Litigation

Following the Sixth Circuit’s decision, Judge Jarbou heard written and oral argument regarding plaintiffs’ for preliminary injunction. On August 8, 2022, she issued her opinion granting preliminary injunction in part to the students. With this re-analysis, students succeeded in showing a substantial likelihood of success on the merits where they had been unsuccessful previously: the most participation gap at MSU was 36 athletes, and 31 athletes on average over the last eight years, and the smallest viable women’s swimming and diving team in the Big Ten Conference is 21. Judge Jarbou granted preliminary injunction in part, though not in the form the students requested. In their initial motion for preliminary relief, the students moved for MSU to immediately reinstate the women’s swimming and diving team, but Judge Jarbou ordered MSU to propose a Title IX compliance plan. 2022 WL 3152232.

U.S. Supreme Court Appeal

MSU filed a Petition for a Writ of Certiorari with the U.S. Supreme Court on July 29, 2022. Two Amicus Briefs in support of MSU’s appeal have since been filed, submitted by 1) The States of Ohio, Alabama, Alaska, Arkansas, Georgia, Indiana, Louisiana, Mississippi, Missouri, Montana, South Carolina, Tennessee, Texas, Utah, and West Virginia, and 2) The University of Michigan, Ohio State University, and Vanderbilt University.

This case is stayed until November 2022, as the parties await the U.S. Supreme Court’s decision. If the Supreme Court has not ruled on the appeal by the fourteenth of November, MSU’s compliance plan will be due on November 18, 2022.

Summary Authors

John Juenemann (3/5/2022)

Sarah Portwood (9/25/2022)

Documents in the Clearinghouse

Document
1

1:21-cv-00044

Complaint and Jury Demand

Jan. 15, 2021

Jan. 15, 2021

Complaint
16

1:21-cv-00044

Opinion

Feb. 19, 2021

Feb. 19, 2021

Order/Opinion
40

1:21-cv-00044

Opinion

Sept. 22, 2021

Sept. 22, 2021

Order/Opinion

21-1183

Opinion

U. S. Court of Appeals for the Sixth Circuit

Feb. 1, 2022

Feb. 1, 2022

Order/Opinion
110

1:21-cv-00044

Opinion

Aug. 8, 2022

Aug. 8, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/29111809/balow-v-michigan-state-university/

Last updated Nov. 19, 2022, 9:15 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by Sophia Balow, Ava Boutrous, Julia Coffman, Kylie Goit, Emma Inch, Sheridan Phalen, Madeline Reilly, Olivia Starzomski, Sarah Zofchak, Taylor Arnold, and Elise Turke (Bullock, Lori). Modified text on 1/15/2021 (jem). (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

Clearinghouse
2

MOTION for preliminary injunction by plaintiffs Sophia Balow, Ava Boutrous, Julia Coffman, Kylie Goit, Emma Inch, Sheridan Phalen, Madeline Reilly, Olivia Starzomski, Sarah Zofchak, Taylor Arnold, and Elise Turke; (Attachments: # 1 Brief in Support of Preliminary Injunction, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16) (Bullock, Lori) Modified duplicate text on 1/15/2021 (jem). (Entered: 01/15/2021)

1 Brief in Support of Preliminary Injunction

View on RECAP

2 Exhibit 1

View on RECAP

3 Exhibit 2

View on PACER

4 Exhibit 3

View on PACER

5 Exhibit 4

View on PACER

6 Exhibit 5

View on PACER

7 Exhibit 6

View on PACER

8 Exhibit 7

View on PACER

9 Exhibit 8

View on RECAP

10 Exhibit 9

View on PACER

11 Exhibit 10

View on PACER

12 Exhibit 11

View on PACER

13 Exhibit 12

View on PACER

14 Exhibit 13

View on PACER

15 Exhibit 14

View on PACER

16 Exhibit 15

View on PACER

17 Exhibit 16

View on RECAP

Jan. 15, 2021

Jan. 15, 2021

PACER
3

NOTICE that this case has been assigned to Hon. Hala Y. Jarbou with NOTICE OF DEFICIENCY re filing fee (jem) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Danya Keller on behalf of plaintiffs Taylor Arnold, Sophia Balow, Ava Boutrous, Julia Coffman, Kylie Goit, Emma Inch, Sheridan Phalen, Madeline Reilly, Olivia Starzomski, Elise Turke, Sarah Zofchak (Keller, Danya)

Jan. 15, 2021

Jan. 15, 2021

PACER

Summons Not Issued

Jan. 15, 2021

Jan. 15, 2021

PACER

FILING FEE PAID re 1 by plaintiffs Taylor Arnold, Sophia Balow, Ava Boutrous, Julia Coffman, Kylie Goit, Emma Inch, Sheridan Phalen, Madeline Reilly, Olivia Starzomski, Elise Turke, Sarah Zofchak in the amount of $402, receipt number BMIWDC-6204122 (Bullock, Lori)

Jan. 15, 2021

Jan. 15, 2021

PACER

Filing Fee (Civil Case) - Credit Card Payment

Jan. 15, 2021

Jan. 15, 2021

PACER

SUMMONS NOT ISSUED as to defendants Bill Beekman, Michigan State University, Michigan State University Board of Trustees, Samuel L. Stanley, Jr ; filing fee due and no summons provided (jem)

Jan. 15, 2021

Jan. 15, 2021

PACER

Attorney Appearance

Jan. 15, 2021

Jan. 15, 2021

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Jill Zwagerman on behalf of plaintiffs Taylor Arnold, Sophia Balow, Ava Boutrous, Julia Coffman, Kylie Goit, Emma Inch, Sheridan Phalen, Madeline Reilly, Olivia Starzomski, Elise Turke, Sarah Zofchak (Zwagerman, Jill)

Jan. 15, 2021

Jan. 15, 2021

PACER
4

WAIVER OF SERVICE returned unexecuted as to Michigan State University et al., filed by plaintiffs Taylor Arnold, Sophia Balow, Ava Boutrous, Julia Coffman, Kylie Goit, Emma Inch, Sheridan Phalen, Madeline Reilly, Olivia Starzomski, Elise Turke, Sarah Zofchak (Zwagerman, Jill) (Entered: 01/18/2021)

Jan. 18, 2021

Jan. 18, 2021

PACER
5

CORRECTED WAIVER OF SERVICE returned executed by Sheridan Phalen, Sarah Zofchak, Julia Coffman, Madeline Reilly, Taylor Arnold, Ava Boutrous, Olivia Starzomski, Sophia Balow, Kylie Goit, Elise Turke, Emma Inch as to All Defendants (Bullock, Lori); this entry replaces 4 ; Modified text on 1/20/2021 (pjw). (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER
6

ORDER TO SHOW CAUSE re motion for preliminary injunction 2 ; show cause hearing set for 2/10/2021 at 11:00 AM at 128 Federal Building, Lansing, MI before District Judge Hala Y. Jarbou; signed by District Judge Hala Y. Jarbou (haw) (Entered: 01/20/2021)

Jan. 20, 2021

Jan. 20, 2021

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Scott Robert Eldridge on behalf of defendants Bill Beekman, Michigan State University, Michigan State University Board of Trustees, Samuel L. Stanley, Jr (Eldridge, Scott)

Jan. 20, 2021

Jan. 20, 2021

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Uriel Abt on behalf of defendants Bill Beekman, Michigan State University, Michigan State University Board of Trustees, Samuel L. Stanley, Jr (Abt, Uriel)

Jan. 20, 2021

Jan. 20, 2021

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Brian Mark Schwartz on behalf of defendants Bill Beekman, Michigan State University, Michigan State University Board of Trustees, Samuel L. Stanley, Jr (Schwartz, Brian)

Jan. 20, 2021

Jan. 20, 2021

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Brian Edward Koncius on behalf of plaintiffs Taylor Arnold, Sophia Balow, Ava Boutrous, Julia Coffman, Kylie Goit, Emma Inch, Sheridan Phalen, Madeline Reilly, Olivia Starzomski, Elise Turke, Sarah Zofchak (Koncius, Brian)

Jan. 21, 2021

Jan. 21, 2021

PACER
7

NOTICE rescheduling show cause hearing for 2/10/2021 at 11:00 AM by video before District Judge Hala Y. Jarbou (haw) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Erika Lynn Giroux on behalf of defendants Bill Beekman, Michigan State University, Michigan State University Board of Trustees, Samuel L. Stanley, Jr (Giroux, Erika)

Jan. 26, 2021

Jan. 26, 2021

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Ashley N. Higginson on behalf of defendants Bill Beekman, Michigan State University, Michigan State University Board of Trustees, Samuel L. Stanley, Jr (Higginson, Ashley)

Jan. 26, 2021

Jan. 26, 2021

PACER
8

RESPONSE TO MOTION for preliminary injunction 2 with certificate of compliance and certificate of service filed by Bill Beekman, Michigan State University, Michigan State University Board of Trustees, Samuel L. Stanley, Jr. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13) (Eldridge, Scott) Modified text on 2/4/2021 (jem). (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
9

MOTION to strike and Exclude Plaintiffs' Expert Report and Underlying Testimony by defendants Bill Beekman, Michigan State University, Michigan State University Board of Trustees, Samuel L. Stanley, Jr; (Eldridge, Scott) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
10

BRIEF in support of MOTION to strike and Exclude Plaintiffs' Expert Report and Underlying Testimony 9 with certificate of compliance and certificate of service filed by Bill Beekman, Michigan State University, Michigan State University Board of Trustees, Samuel L. Stanley, Jr (Attachments: # 1 Exhibit 1) (Eldridge, Scott) Modified text on 2/4/2021 (jem). (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

RECAP
11

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to strike and Exclude Plaintiffs' Expert Report and Underlying Testimony 9 filed by Bill Beekman, Michigan State University, Michigan State University Board of Trustees, Samuel L. Stanley, Jr (Eldridge, Scott) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
12

NOTICE re 9 Expedited Consideration Requested by defendants Bill Beekman, Michigan State University, Michigan State University Board of Trustees, Samuel L. Stanley, Jr (Eldridge, Scott) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER

(NON-DOCUMENT) NOTICE from chambers: public courtroom access for the 2/10/2021 11:00 AM motion hearing re 2 will be available by public audio access (listen only) by phone at (877) 336-1839 with access code 4382440#. RECORDING OR BROADCASTING OF THIS PROCEEDING IS PROHIBITED. LGenR 4.1(c)(i) and (ii) (haw)

Feb. 8, 2021

Feb. 8, 2021

PACER
13

REPLY to response to motion 2 for Preliminary Injunction with certificate of compliance filed by Taylor Arnold, Sophia Balow, Ava Boutrous, Julia Coffman, Kylie Goit, Emma Inch, Sheridan Phalen, Madeline Reilly, Olivia Starzomski, Elise Turke, Sarah Zofchak (Attachments: # 1 Exhibit 17, # 2 Exhibit 18, # 3 Exhibit 19, # 4 Exhibit 20, # 5 Exhibit 21, # 6 Exhibit 22, # 7 Exhibit 23, # 8 Exhibit 24, # 9 Exhibit 25, # 10 Exhibit 26, # 11 Exhibit 27) (Bullock, Lori) Modified text on 2/10/2021 (pjw) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
14

RESPONSE in opposition to MOTION to strike and Exclude Plaintiffs' Expert Report and Underlying Testimony 9 with certificate of compliance filed by Taylor Arnold, Sophia Balow, Ava Boutrous, Julia Coffman, Kylie Goit, Emma Inch, Sheridan Phalen, Madeline Reilly, Olivia Starzomski, Elise Turke, Sarah Zofchak (Keller, Danya) Modified text on 2/10/2021 (pjw). (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
15

MINUTES of motion hearing re Defendants' MOTION to strike and Exclude Plaintiffs' Expert Report and Underlying Testimony 9 ; Plaintiffs' MOTION for preliminary injunction 2 ; held before District Judge Hala Y. Jarbou (Court Reporter: Melinda Dexter) (haw) (Entered: 02/10/2021)

Feb. 10, 2021

Feb. 10, 2021

PACER
16

OPINION; signed by District Judge Hala Y. Jarbou (aks) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

Clearinghouse
17

ORDER denying 9 motion to strike; denying 2 motion for preliminary injunction; signed by District Judge Hala Y. Jarbou (aks) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

PACER
18

NOTICE OF APPEAL re 16, 17 by plaintiffs Taylor Arnold, Sophia Balow, Ava Boutrous, Julia Coffman, Kylie Goit, Emma Inch, Sheridan Phalen, Madeline Reilly, Olivia Starzomski, Elise Turke, Sarah Zofchak (Bullock, Lori) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

PACER
19

LETTER FROM CCA regarding appeal 18 indicating case number 21-1183 has been assigned to the appeal (pjw) (Entered: 02/23/2021)

Feb. 22, 2021

Feb. 22, 2021

PACER

APPEAL FEE PAID re 18 by plaintiffs Taylor Arnold, Sophia Balow, Ava Boutrous, Julia Coffman, Kylie Goit, Emma Inch, Sheridan Phalen, Madeline Reilly, Olivia Starzomski, Elise Turke, Sarah Zofchak in the amount of $505, receipt number AMIWDC-6319394 (Bullock, Lori)

Feb. 22, 2021

Feb. 22, 2021

PACER

CASE NUMBER 21-1183 assigned by the Sixth Circuit to appeal 18 (mkc)

Feb. 22, 2021

Feb. 22, 2021

PACER

ACKNOWLEDGMENT of appeal transcript order from Lori Bullock received 02/22/2021 re appeal 18 filed by Julia Coffman, Taylor Arnold, Madeline Reilly, Elise Turke, Ava Boutrous, Sarah Zofchak, Kylie Goit, Emma Inch, Sophia Balow, Sheridan Phalen, Olivia Starzomski ; transcript is estimated at 70 pages with an estimated completion date of 03/08/21; arrangements for payment made on 02/22/2021 (Court Reporter-Transcriptionist: Dexter, Melinda 517-604-1732)

March 2, 2021

March 2, 2021

PACER
20

APPEAL TRANSCRIPT of Motion to Strike/Motion for Preliminary Injunction held 02/10/2021 before District Judge Hala Jarbou; re appeal 18 ; NOTE: this transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the release of transcript restriction date; after that date it may be obtained through PACER; under the Policy Regarding Transcripts the parties have 14 days within which to file a Notice of Intent to redact, and 21 days within which to file a Redaction Request; if no Transcript Redaction Request is filed, the court will assume redaction of personal identifiers is not necessary and this transcript will be made available via PACER after the release of transcript restriction set for 6/2/2021 ; redaction request due 3/25/2021 (Court Reporter-Transcriptionist: Dexter, Melinda 517-604-1732) (Entered: 03/04/2021)

March 4, 2021

March 4, 2021

PACER
21

MOTION to dismiss for failure to state a claim by defendants Bill Beekman, Michigan State University, Michigan State University Board of Trustees, Samuel L. Stanley, Jr; (Eldridge, Scott) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
22

BRIEF in support of MOTION to dismiss for failure to state a claim 21 with certificate of compliance and certificate of service filed by Bill Beekman, Michigan State University, Michigan State University Board of Trustees, Samuel L. Stanley, Jr (Eldridge, Scott) Modified text on 3/22/2021 (jem). (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
23

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to dismiss for failure to state a claim 21 filed by Bill Beekman, Michigan State University, Michigan State University Board of Trustees, Samuel L. Stanley, Jr (Eldridge, Scott) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
24

RESPONSE in opposition to MOTION to dismiss for failure to state a claim 21 filed by Sophia Balow, Ava Boutrous, Julia Coffman, Kylie Goit, Emma Inch, Sheridan Phalen, Madeline Reilly, Olivia Starzomski, Sarah Zofchak, Taylor Arnold, and Elise Turke (Attachments: # 1 Exhibit 1 - 2019-2020 EADA Data, # 2 Exhibit 2 - 2018-2019 EADA Data) (Bullock, Lori) Modified text on 4/19/2021 (jem). (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
25

REPLY to response to motion 21 filed by Bill Beekman, Michigan State University, Michigan State University Board of Trustees, Samuel L. Stanley, Jr (Attachments: # 1 Exhibit 1) (Eldridge, Scott) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

PACER
26

ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 7/1/2021 at 02:00 PM by video before Magistrate Judge Phillip J. Green; status report due by 6/28/2021; signed by Magistrate Judge Phillip J. Green (jkw) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
27

ORDER rescheduling Rule 16 conference: Rule 16 scheduling conference is set for 7/9/2021 at 02:00 PM by video before Magistrate Judge Phillip J. Green; status report due by 7/6/2021; signed by Magistrate Judge Phillip J. Green (jkw) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER
30

MOTION for leave to file Amended Complaint with certificate of concurrence by plaintiffs Taylor Arnold, Sophia Balow, Ava Boutrous, Julia Coffman, Kylie Goit, Emma Inch, Sheridan Phalen, Madeline Reilly, Olivia Starzomski, Elise Turke, Sarah Zofchak; (Attachments: # 1 Memo in Support, # 2 Exhibit A - Amended Complaint, # 3 Exhibit B - Amended Complaint Redlined) (Bullock, Lori) Modified text on 7/12/2021 (jem). (Entered: 07/09/2021)

July 9, 2021

July 9, 2021

PACER
31

CASE MANAGEMENT ORDER: discovery to be completed by 1/31/2022; dispositive motions due by 3/1/2022; early settlement conference set for 1/12/2022 at 01:00 PM at 601 Federal Building, Grand Rapids, MI before Magistrate Judge Phillip J. Green; settlement conference set for 7/11/2022 at 09:00 AM at 601 Federal Building, Grand Rapids, MI before Magistrate Judge Phillip J. Green; final pretrial conference set for 9/7/2022 at 11:00 AM at 128 Federal Building, Lansing, MI before District Judge Hala Y. Jarbou; bench trial set for 10/11/2022 at 08:30 AM at 128 Federal Building, Lansing, MI before District Judge Hala Y. Jarbou; signed by Magistrate Judge Phillip J. Green (jkw) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
32

PROPOSED STIPULATION and ORDER Amending Case Management Order by defendants Bill Beekman, Michigan State University, Michigan State University Board of Trustees, Samuel L. Stanley, Jr (Schwartz, Brian) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
33

ORDER granting STIPULATION 32 to amend case management order 31 ; bench trial adjourned from 10/11/2022 to 10/17/2022 at 8:30 AM; signed by District Judge Hala Y. Jarbou (haw) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
35

PROPOSED STIPULATION and ORDER Adjourning Trial Date by defendants Bill Beekman, Michigan State University, Michigan State University Board of Trustees, Samuel L. Stanley, Jr (Eldridge, Scott) (Entered: 07/26/2021)

July 26, 2021

July 26, 2021

PACER
36

ORDER granting STIPULATION 35 to adjourn trial; bench trial adjourned from 10/17/2022 to 10/24/2022 at 8:30 AM; signed by District Judge Hala Y. Jarbou (haw) (Entered: 07/26/2021)

July 26, 2021

July 26, 2021

PACER
39

AMENDED ORDER granting STIPULATION 35 to adjourn trial; bench trial adjourned from 10/17/2022 to 10/24/2022 at 8:30 AM; signed by District Judge Hala Y. Jarbou (aks) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
40

OPINION; signed by District Judge Hala Y. Jarbou (aks) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

Clearinghouse
41

ORDER granting in part and denying in part 21 motion to dismiss; denying 30 motion for leave to file; signed by District Judge Hala Y. Jarbou (aks) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

PACER
42

STIPULATION Order Adjourning Expert Deadlines by plaintiffs Taylor Arnold, Sophia Balow, Ava Boutrous, Julia Coffman, Kylie Goit, Emma Inch, Sheridan Phalen, Madeline Reilly, Olivia Starzomski, Elise Turke, Sarah Zofchak (Zwagerman, Jill) (Entered: 10/28/2021)

Oct. 28, 2021

Oct. 28, 2021

PACER
43

STIPULATED ORDER adjourning expert deadlines; signed by District Judge Hala Y. Jarbou (aks) (Entered: 10/29/2021)

Oct. 29, 2021

Oct. 29, 2021

PACER
44

SECOND STIPULATION Order Adjourning Expert Deadlines by plaintiffs Taylor Arnold, Sophia Balow, Ava Boutrous, Julia Coffman, Kylie Goit, Emma Inch, Sheridan Phalen, Madeline Reilly, Olivia Starzomski, Elise Turke, Sarah Zofchak (Zwagerman, Jill) Modified text on 11/12/2021 (mlc). (Entered: 11/11/2021)

Nov. 11, 2021

Nov. 11, 2021

PACER
45

STIPULATION AND ORDER adjourning expert deadlines; signed by District Judge Hala Y. Jarbou (aks) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
47

PROPOSED STIPULATION and ORDER regading the Production of FERPA Protected Education Records by defendant Michigan State University (Schwartz, Brian) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER

Order Referring Motion to Magistrate Judge (Non-Document)

Dec. 22, 2021

Dec. 22, 2021

PACER
48

PROTECTIVE ORDER; signed by Magistrate Judge Phillip J. Green (jkw) (Entered: 12/28/2021)

Dec. 28, 2021

Dec. 28, 2021

PACER
48

Protective Order

Dec. 28, 2021

Dec. 28, 2021

PACER
49

Notice Rescheduling Hearing

Jan. 4, 2022

Jan. 4, 2022

PACER
49

NOTICE rescheduling hearing: early settlement conference set for 1/12/2022 at 01:00 PM at 499 Federal Building, Grand Rapids, MI before Magistrate Judge Phillip J. Green (ald) (Entered: 01/04/2022)

Jan. 4, 2022

Jan. 4, 2022

PACER
50

UNOPPOSED MOTION for hearing on January 12, 2022 to be held by video or telephone conference by plaintiffs Taylor Arnold, Sophia Balow, Ava Boutrous, Julia Coffman, Kylie Goit, Emma Inch, Sheridan Phalen, Madeline Reilly, Olivia Starzomski, Elise Turke, Sarah Zofchak; (Bullock, Lori) (Entered: 01/07/2022)

Jan. 7, 2022

Jan. 7, 2022

PACER
50

Hearing

Jan. 7, 2022

Jan. 7, 2022

PACER
51

Order on Motion for Hearing

Jan. 10, 2022

Jan. 10, 2022

PACER
51

ORDER granting 50 unopposed motion for hearing to be by video or telephone; signed by Magistrate Judge Phillip J. Green (jkw) (Entered: 01/10/2022)

Jan. 10, 2022

Jan. 10, 2022

PACER

Order Referring Motion to Magistrate Judge (Non-Document)

Jan. 10, 2022

Jan. 10, 2022

PACER

Order Referring Motion to Magistrate Judge (Non-Document)

Jan. 10, 2022

Jan. 10, 2022

PACER
52

Notice Cancelling Hearing

Jan. 11, 2022

Jan. 11, 2022

PACER
52

NOTICE ADJOURNING the 1/12/2022 Early Settlement Conference without date (jkw) (Entered: 01/11/2022)

Jan. 11, 2022

Jan. 11, 2022

PACER
53

MOTION for protective order under FED. R. CIV. P. 26(b)(2)(C) and FED. R. CIV. P. 26(c) precluding depositions of Samuel L. Stanley Jr. and Alan Haller by defendants Michigan State University, Michigan State University Board of Trustees, Samuel L. Stanley, Jr (Attachments: # 1 Brief in Support, # 2 Exhibit Index with Exhibits 1-7, # 3 Certificate of Concurrence) (Schwartz, Brian) Modified text on 1/26/2022 (pjw). Modified text on 1/26/2022 - please see 54 for corrected motion(slk). (Entered: 01/25/2022)

Jan. 25, 2022

Jan. 25, 2022

PACER
53

Protective Order

Jan. 26, 2022

Jan. 26, 2022

PACER
54

Protective Order

Jan. 26, 2022

Jan. 26, 2022

PACER
54

CORRECTED MOTION for protective order UNDER FED. R. CIV. P. 26(b)(2)(C) AND FED. R. CIV. P. 26(c) PRECLUDING DEPOSITIONS OF SAMUEL L. STANLEY JR. AND ALAN HALLER by defendants Michigan State University, Michigan State University Board of Trustees, Samuel L. Stanley, Jr; (Attachments: # 1 Brief in Support of Habeas Petition Brief in Support of Motion for Protective Order, # 2 Index of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Attachment - Certificate of Concurrence Attempts) (Eldridge, Scott) Modified text on 1/26/2022 - this motion replaces 53 (slk). (Entered: 01/26/2022)

Jan. 26, 2022

Jan. 26, 2022

PACER

Order Referring Motion to Magistrate Judge (Non-Document)

Jan. 26, 2022

Jan. 26, 2022

PACER

Order Referring Motion to Magistrate Judge (Non-Document)

Jan. 26, 2022

Jan. 26, 2022

PACER
58

Hearing

Feb. 14, 2022

Feb. 14, 2022

PACER
58

FIRST MOTION for hearing for appearance by video or telephone at the 2-22 Hearing by plaintiffs Taylor Arnold, Sophia Balow, Ava Boutrous, Julia Coffman, Kylie Goit, Emma Inch, Sheridan Phalen, Madeline Reilly, Olivia Starzomski, Elise Turke, Sarah Zofchak; (Keller, Danya) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER

Order Referring Motion to Magistrate Judge (Non-Document)

Feb. 14, 2022

Feb. 14, 2022

PACER

Order Referring Motion to Magistrate Judge (Non-Document)

Feb. 14, 2022

Feb. 14, 2022

PACER
59

Order on Motion for Hearing

Feb. 15, 2022

Feb. 15, 2022

PACER
59

ORDER denying 58 motion for hearing ; signed by Magistrate Judge Phillip J. Green (ald) (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

PACER
60

Notice of Hearing

Feb. 15, 2022

Feb. 15, 2022

PACER
60

NOTICE of status conference set for 2/16/2022 at 1:30 PM by video before District Judge Hala Y. Jarbou; (aks) (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

PACER
63

Order

Feb. 16, 2022

Feb. 16, 2022

PACER
63

ORDER extending dispositive motion deadline to 5/1/2022; signed by District Judge Hala Y. Jarbou (aks) (Entered: 02/16/2022)

Feb. 16, 2022

Feb. 16, 2022

PACER
64

Continue

Feb. 22, 2022

Feb. 22, 2022

PACER
64

MOTION to continue Hearing for Protective Order by plaintiffs Taylor Arnold, Sophia Balow, Ava Boutrous, Julia Coffman, Kylie Goit, Emma Inch, Sheridan Phalen, Madeline Reilly, Olivia Starzomski, Elise Turke, Sarah Zofchak; (Bullock, Lori) (Entered: 02/22/2022)

Feb. 22, 2022

Feb. 22, 2022

PACER
66

Order on Motion to Continue

Feb. 22, 2022

Feb. 22, 2022

PACER
66

ORDER granting 64 motion to continue hearing; signed by Magistrate Judge Phillip J. Green (jkw) (Entered: 02/22/2022)

Feb. 22, 2022

Feb. 22, 2022

PACER

Order Referring Motion to Magistrate Judge (Non-Document)

Feb. 22, 2022

Feb. 22, 2022

PACER

Order Referring Motion to Magistrate Judge (Non-Document)

Feb. 22, 2022

Feb. 22, 2022

PACER
69

Order Regarding Settlement Conference

Feb. 25, 2022

Feb. 25, 2022

PACER
69

ORDER regarding settlement conference: settlement conference set for 4/29/2022 at 09:00 AM at 499 Federal Building, Grand Rapids, MI before Magistrate Judge Phillip J. Green; signed by Magistrate Judge Phillip J. Green (ald) (Entered: 02/25/2022)

Feb. 25, 2022

Feb. 25, 2022

PACER
70

NOTICE cancelling hearing (ald) (Entered: 02/28/2022)

Feb. 28, 2022

Feb. 28, 2022

PACER
70

Notice Cancelling Hearing

Feb. 28, 2022

Feb. 28, 2022

PACER
71

NOTICE cancelling hearing (ald) (Entered: 03/01/2022)

March 1, 2022

March 1, 2022

PACER
72

MINUTES held before Magistrate Judge Phillip J. Green of motion hearing re 54 MOTION for protective order UNDER FED. R. CIV. P. 26(b)(2)(C) AND FED. R. CIV. P. 26(c) PRECLUDING DEPOSITIONS OF SAMUEL L. STANLEY JR. AND ALAN HALLER filed by Samuel L. Stanley, Jr., Michigan State University, Michigan State University Board of Trustees; Motion granted in part and denied in part; Counsel to submit proposed order no later than March 10, 2022 (Proceedings Digitally Recorded) (ald) (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

PACER
73

PROPOSED STIPULATION and ORDER on Defendants' Motion for Protective Order by defendants Bill Beekman, Michigan State University, Michigan State University Board of Trustees, Samuel L. Stanley, Jr (Eldridge, Scott) (Entered: 03/10/2022)

March 10, 2022

March 10, 2022

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Education

Special Collection(s):

Title IX, Sexual Violence Investigations/Resolutions

Key Dates

Filing Date: Jan. 15, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Members of the MSU varsity women's swim and dive team

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Women's Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

President (East Lansing, Ingham), Private Entity/Person

Board of Trustees (East Lansing, Ingham), None

Michigan State University (East Lansing, Ingham), None

Director of Athletics (East Lansing, Ingham), Private Entity/Person

Defendant Type(s):

College/University

Case Details

Causes of Action:

State Anti-Discrimination Law

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Education

School/University policies

Discrimination-area:

Sports

Discrimination-basis:

Sex discrimination

Affected Gender:

Female