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Case: Cole v. Montana University System

9:21-cv-00088 | U.S. District Court for the District of Montana

Filed Date: Aug. 4, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is an ongoing Title IX case about the unequal treatment of women employed within the Montana University System (MUS) and specifically at the University of Montana-Missoula (UM). Since Title IX passed in 1972, MUS and UM, despite adopting facially non-discriminatory policies, allegedly fostered a “good ol’ boys club” culture favoring male athletes and employees while excluding women from the same opportunities. In 2013, the U.S. Department of Justice found that UM violated Title IX and fail…

This is an ongoing Title IX case about the unequal treatment of women employed within the Montana University System (MUS) and specifically at the University of Montana-Missoula (UM). Since Title IX passed in 1972, MUS and UM, despite adopting facially non-discriminatory policies, allegedly fostered a “good ol’ boys club” culture favoring male athletes and employees while excluding women from the same opportunities. In 2013, the U.S. Department of Justice found that UM violated Title IX and failed to take sufficient action to eliminate UM’s sexually hostile environment or to adequately address its effects. In 2017, MUS appointed Seth Bodnar as the new President of UM, and under his leadership, the same sexually discriminatory environment allegedly continued and worsened.

On August 4, 2021, four women – all former UM employees – filed a complaint in the U.S. District Court for the District of Montana, alleging that MUS and UM violated and continued to violate Title IX by creating such a hostile environment “on the basis of sex” so as to limit and deny women’s participation at UM. The case was assigned to Judge Brian Morris. The women sought class action certification, as well as compensatory damages and injunctive relief directing MUS and UM to cease all discriminatory practices. Plaintiffs allege that in direct violation of UM’s facial policies and federal law, women’s career paths at UM depended on their youth, perceived attractiveness, and fitness, and women’s choices and actions were unreasonably contradicted and questioned in sharp contrast to their male counterparts. Plaintiffs also claimed that any female professionals who spoke out faced a significant risk of retaliatory punishment. According to plaintiffs, the hostile and discriminatory culture at MUS and UM created and continues to create wage, promotion, and opportunity gaps for women.

In October 2021, MUS and UM filed a motion to dismiss the claims of MaryAnn Sontag Bowman, one of the four named plaintiffs, arguing that her Title XI claim was not actionable because UM took no adverse employment action against her. MUS and UM argued that Sontag Bowman only speculated that she would have been denied a promotion, when in fact she herself chose not to apply for the position. The court denied the motion to dismiss in January 2022 on the grounds that adverse employment action need not be a formal rejection or dismissal, but can be the constructive equivalent. In the complaint, Sontag Bowman alleged that she chose not to apply for the chairperson position because the application itself made plain UM’s preference and preemptive selection of a male faculty member. Therefore, the court found that Sontag Bowmen alleged sufficient facts to claim that UM took an adverse employment action against her under Title IX.

On March 25, 2022, plaintiffs moved for class certification while MUS and UM moved for an order denying class certification. The court denied class certification on October 3, 2022 – and granted defendants’ motion to deny class certification – on the grounds that the class action claim failed to satisfy two of the four the requirements of Rule 23. The court found that although the class met the numerosity and adequacy of representation requirements, it failed to meet the narrow typicality and commonality standards set by the U.S. Supreme Court in Walmart Stores, Inc. v. Dukes (2011) because the injuries alleged by members of the proposed class were incapable of resolution “in one stroke.” Federal Rules also require that the proposed class seek effective injunctive relief, which the court could reasonably enforce, and apply to all members of the class. The court found that the women’s complaint did not meet the requirement, because it asked only that MUS and UM “cease discriminatory practices” and failed to state specific acts to be restrained. The court also found that the women’s complaint failed to show that all of the women in the proposed class suffered damages traceable to the same injurious course of conduct, and so failed to meet the class certification requirements of Rule 23(b)(3). Although the court denied class certification, it also recognized the importance of the issues in the case and the evidentiary difficulties inherent to discrimination cases. For these reasons, the court left plaintiffs the option of re-moving for class certification again in the future.

As of the most recent amended complaint, 16 women are named as plaintiffs in this case, all former or current employees of UM or MUS. The women have not yet moved for class certification again.

Summary Authors

Sarah Portwood (10/30/2022)

Documents in the Clearinghouse

Document
1

9:21-cv-00088

Complaint and Jury Trail Demand

Aug. 4, 2021

Aug. 4, 2021

Complaint
28

9:21-cv-00088

Order on Motion to Dismiss for Failure to State a Claim

Jan. 31, 2022

Jan. 31, 2022

Order/Opinion
53

9:21-cv-00088

Second Amended Complaint, Request for Class Certification, & Jury Demand Trial

July 29, 2022

July 29, 2022

Complaint
58

9:21-cv-00088

Order on Motion to Certify Class AND Order on Motion for Order/Judgment - MT

Oct. 3, 2022

Oct. 3, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60109593/cole-v-montana-university-system/

Last updated Nov. 6, 2022, 4:26 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by Barbara Koostra, Catherine Cole, Mary-Ann Sontag Bowman, Rhondie Voorhees. (Attachments: # 1 Exhibit 1-4, # 2 Civil Cover Sheet) (TAG) (Entered: 08/04/2021)

1 Exhibit 1-4

View on PACER

2 Civil Cover Sheet

View on PACER

Aug. 4, 2021

Aug. 4, 2021

Clearinghouse
2

Summons Issued as to Montana University System, University of Montana-Missoula. May be downloaded and printed for service (Attachments: # 1 Summons) (TAG) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

PACER

Filing fee: $ 402, receipt number 0977-2707002 (TAG)

Aug. 4, 2021

Aug. 4, 2021

PACER

Filing Fee Received

Aug. 4, 2021

Aug. 4, 2021

PACER
3

ORDER OF RECUSAL. Judge Donald W. Molloy recused. Signed by Judge Donald W. Molloy on 8/6/2021. (dle) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
4

ORDER REASSIGNING CASE. Case reassigned to Judge Brian Morris for all further proceedings. Signed by Judge Brian Morris on 8/11/2021. (NOS) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER
5

AMENDED COMPLAINT Request for Class Certification, & Jury Trial Demand against All Plaintiffs, filed by Barbara Koostra, Catherine Cole, Mary-Ann Sontag Bowman, Rhondie Voorhees. (Attachments: # 1 Exhibit Exhibits 1-4) (Carls, Hillary) (Entered: 08/19/2021)

1 Exhibit Exhibits 1-4

View on RECAP

Aug. 19, 2021

Aug. 19, 2021

RECAP
6

WAIVER OF SERVICE Returned Executed by Barbara Koostra, Catherine Cole, Mary-Ann Sontag Bowman, Rhondie Voorhees. Montana University System waiver sent on 8/19/2021, answer due 10/18/2021. (Carls, Hillary) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
7

WAIVER OF SERVICE Returned Executed by Barbara Koostra, Catherine Cole, Mary-Ann Sontag Bowman, Rhondie Voorhees. University of Montana-Missoula waiver sent on 8/19/2021, answer due 10/18/2021. (Carls, Hillary) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
8

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Susan Moriarity Miltko appearing for Defendants Montana University System, University of Montana-Missoula (Miltko, Susan) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER
9

Brief/Memorandum in Support re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Montana University System, University of Montana-Missoula. (Miltko, Susan) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

RECAP
10

ANSWER to 5 Amended Complaint with Jury Demand by Montana University System, University of Montana-Missoula. (Miltko, Susan) Modified on 10/18/2021 to link to amended complaint (TAG). (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

RECAP
11

PRELIMINARY PRETRIAL CONFERENCE ORDER. Preliminary Pretrial Statement due by 11/24/2021. Joint Discovery Plan due by 11/24/2021. Statement of Stipulated Facts due by 11/24/2021. Telephonic Pretrial Conference set for 12/1/2021 at 2:30 p.m. before Judge Brian Morris. Signed by Chief Judge Brian Morris on 10/18/2021. (NOS) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER
12

TEXT ORDER Setting Hearing on Motion 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 12/1/2021 at 01:30 PM in Great Falls, MT before Judge Brian Morris. IT IS ALSO ORDERED that the preliminary pretrial conference is RESET for December 1, 2021 at 1:30 p.m. Signed by Judge Brian Morris on 10/27/2021. (SLL) (Entered: 10/27/2021)

Oct. 27, 2021

Oct. 27, 2021

PACER

Order Setting Hearing on Motion - SDM

Oct. 27, 2021

Oct. 27, 2021

PACER
13

RESPONSE to Motion re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Catherine Cole, Barbara Koostra, Mary-Ann Sontag Bowman, Rhondie Voorhees. (Carls, Hillary) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

RECAP
14

REPLY to Response to Motion re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Montana University System. (Miltko, Susan) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

RECAP
15

PRELIMINARY PRETRIAL STATEMENT by Montana University System, University of Montana-Missoula. (Miltko, Susan) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER
16

JOINT DISCOVERY PLAN by Catherine Cole, Barbara Koostra, Mary-Ann Sontag Bowman, Rhondie Voorhees. (Attachments: # 1 Exhibit Exhibit 1-Proposed Stipulated Protective Order) (Carls, Hillary) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER
17

STATEMENT OF STIPULATED FACTS by Catherine Cole, Barbara Koostra, Mary-Ann Sontag Bowman, Rhondie Voorhees. (Carls, Hillary) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER
18

PRELIMINARY PRETRIAL STATEMENT by Catherine Cole, Barbara Koostra, Mary-Ann Sontag Bowman, Rhondie Voorhees. (Carls, Hillary) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER
19

MINUTE ENTRY for MOTION HEARING held 12/1/2021 before Judge Brian Morris: Counsel Hillary Carls and Sherine Blackford appearing on behalf of the Plaintiffs; Counsel Susan Miltko, James Johnson, and Hannah Higgins appearing on behalf of the Defendants.Motion Hearing held on 12/1/2021 re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Montana University System, University of Montana-Missoula. Parties with argument. Matter is submitted, order with be forthcoming. Parties continue with Pretrial Conference off the record. Hearing commenced at 1:35 p.m. and concluded at 2:26 p.m.. (Court Reporter Yvette Heinze.) (Law Clerk: C. Clevidence), (Hearing held in Great Falls) (MMS) (Entered: 12/01/2021)

Dec. 1, 2021

Dec. 1, 2021

PACER

Motion Hearing - SDM

Dec. 1, 2021

Dec. 1, 2021

PACER
20

MINUTE ENTRY for proceedings held before Judge Brian Morris: Preliminary Pretrial Conference held on 12/2/2021. (Law Clerk: C. Clevidence), (SLL) (Entered: 12/02/2021)

Dec. 2, 2021

Dec. 2, 2021

PACER
21

TRANSCRIPT ORDER FORM by Montana University System, University of Montana-Missoula for proceedings held on 12/01/2021 before Judge Brian Morris. Court reporter Yvette Heinze. Type of transcript: 30-Day. Transcript due by 1/3/2022. (Miltko, Susan) (Docket text updated; form emailed to court reporter.) (NOS) (Entered: 12/02/2021)

Dec. 2, 2021

Dec. 2, 2021

PACER

Pretrial Conference - Initial

Dec. 2, 2021

Dec. 2, 2021

PACER
22

STIPULATION Briefing Schedule on Class Certification by Montana University System, University of Montana-Missoula. (Johnson, James) (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

PACER
23

JOINT DISCOVERY PLAN by Montana University System, University of Montana-Missoula. (Johnson, James) (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

PACER
24

JOINT CASE MANAGEMENT PLAN by Catherine Cole, Barbara Koostra, Mary-Ann Sontag Bowman, Rhondie Voorhees. (Blackford, Sherine) (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

PACER
25

TRANSCRIPT of Motion Hearing held on 12/01/2021 before Judge Morris. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerks office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 7 DAYS OF THIS FILING. Contact court reporter Yvette Heinze, 406-422-8619, yvettecsrrpr@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 1/5/2022. Redacted Transcript Deadline set for 1/18/2022. Release of Transcript Restriction set for 3/15/2022. (YMH) (Entered: 12/15/2021)

Dec. 15, 2021

Dec. 15, 2021

PACER
26

Joint Stipulated Motion For Protective Order Susan Moriarity Miltko appearing for Defendants Montana University System, University of Montana-Missoula (Attachments: # 1 Text of Proposed Order Stipulation for Protective Order) (Miltko, Susan) (Entered: 12/23/2021)

Dec. 23, 2021

Dec. 23, 2021

PACER
27

PROTECTIVE ORDER. Signed by Chief Judge Brian Morris on 12/28/2021. (Attachments: # 1 Acknowledgement of Understanding) (NOS) (Entered: 12/28/2021)

Dec. 28, 2021

Dec. 28, 2021

RECAP
28

ORDER denying 8 Motion to Dismiss for Failure to State a Claim. Signed by Judge Brian Morris on 1/31/2022. (MPB) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

Clearinghouse
29

SCHEDULING ORDER: Final Pretrial Conference set for 7/20/2023 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Jury Trial set for 8/1/2023 at 09:00 AM in Missoula, MT before Judge Brian Morris. Amended Pleadings due by 7/30/2022. Discovery due by 2/5/2023. Motions due by 4/6/2023. Proposed Pretrial Order due by 6/5/2023. Signed by Judge Brian Morris on 3/4/2022. (SGN) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

PACER
30

Joint MOTION for Leave to File Excess Pages Susan Moriarity Miltko appearing for Defendants Montana University System, University of Montana-Missoula (Attachments: # 1 Text of Proposed Order Proposed Order) (Miltko, Susan) (Entered: 03/21/2022)

March 21, 2022

March 21, 2022

PACER
31

ORDER: Based on Plaintiffs and Defendants' 30 Joint Motion to File Overlength Briefs, and good cause having been shown, IT IS HEREBY ORDERED that Plaintiffs and Defendants' Joint Motion to File Overlength Briefs is GRANTED. Signed by Judge Brian Morris on 3/21/2022. (ACC) (Entered: 03/21/2022)

March 21, 2022

March 21, 2022

PACER
32

MOTION for Order/Judgment Denying Class Certification Susan Moriarity Miltko appearing for Defendants Montana University System, University of Montana-Missoula (Miltko, Susan) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

RECAP
33

Brief/Memorandum in Support re 32 MOTION for Order/Judgment Denying Class Certification filed by Montana University System, University of Montana-Missoula. (Attachments: # 1 Exhibit Excerpts Dep. Sontag Bowman, # 2 Exhibit Excerpts Dep. Cole, # 3 Exhibit Excerpts Cole's Discovery Responses, # 4 Exhibit Title IX Discrimination Slides, # 5 Exhibit Dkt. 25, Transcript, # 6 Excerpts Dep. Voorhees, # 7 Excerpts Dep. Koostra, # 8 Excerpts Koostra's Discovery Responses, # 9 Text Messages, Filed Under Seal, # 10 Koostra-Voorhees Emails) (Miltko, Susan) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
34

Sealed Document Unredacted: Exhibit I re: 33 Brief/Memorandum in Support. (SGN) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
35

MOTION to Certify Class Hillary P. Carls appearing for Plaintiffs Catherine Cole, Barbara Koostra, Mary-Ann Sontag Bowman, Rhondie Voorhees (Carls, Hillary) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
36

Brief/Memorandum in Support re 35 MOTION to Certify Class filed by Catherine Cole, Barbara Koostra, Mary-Ann Sontag Bowman, Rhondie Voorhees. (Attachments: # 1 Exhibit Ex. 1 - Declaration of Hillary P. Carls, # 2 Exhibit Ex. 2 - Excerpt Depo. Cole, # 3 Exhibit Ex. 3 - Excerpt Depo. Koostra, # 4 Exhibit Ex. 4 - Excerpt Depo. Sontag Bowman, # 5 Exhibit Ex. 5 - Excerpt Depo. Voorhees, # 6 Exhibit Ex. 6 - Identified Employee Gender Discrimination Complaints, # 7 Exhibit Ex. 7 - Complaint DV-17-709, # 8 Exhibit Ex. 8 - Amended Complaint DV-17-427, # 9 Exhibit Ex. 9 - Def. UM Resp. to Plt. Koostra 1st Disco Requests, # 10 Exhibit Ex. 10 - Def. UM Resp. to Plt. Cole 1st Disco Requests, # 11 Exhibit Ex. 11 - Kelia Szpaller, Missoulian, # 12 Exhibit Ex. 12 - Caringi Email, # 13 Exhibit Ex. 13 - Grand River Solutions Report) (Carls, Hillary) (Entered: 03/25/2022)

1 Exhibit Ex. 1 - Declaration of Hillary P. Carls

View on PACER

2 Exhibit Ex. 2 - Excerpt Depo. Cole

View on PACER

3 Exhibit Ex. 3 - Excerpt Depo. Koostra

View on PACER

4 Exhibit Ex. 4 - Excerpt Depo. Sontag Bowman

View on PACER

5 Exhibit Ex. 5 - Excerpt Depo. Voorhees

View on RECAP

6 Exhibit Ex. 6 - Identified Employee Gender Discrimination Complaints

View on PACER

7 Exhibit Ex. 7 - Complaint DV-17-709

View on PACER

8 Exhibit Ex. 8 - Amended Complaint DV-17-427

View on PACER

9 Exhibit Ex. 9 - Def. UM Resp. to Plt. Koostra 1st Disco Requests

View on PACER

10 Exhibit Ex. 10 - Def. UM Resp. to Plt. Cole 1st Disco Requests

View on PACER

11 Exhibit Ex. 11 - Kelia Szpaller, Missoulian

View on PACER

12 Exhibit Ex. 12 - Caringi Email

View on PACER

13 Exhibit Ex. 13 - Grand River Solutions Report

View on PACER

March 25, 2022

March 25, 2022

PACER
37

AFFIDAVIT in Support re 35 MOTION to Certify Class filed by Catherine Cole, Barbara Koostra, Mary-Ann Sontag Bowman, Rhondie Voorhees. (Carls, Hillary) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
38

RESPONSE to Motion re 35 MOTION to Certify Class filed by Montana University System, University of Montana-Missoula. (Attachments: # 1 Exhibit Excerpts of Disc Resp., # 2 Exhibit Title IX Slides, # 3 Exhibit Blackford Carls 12/22/21 Letter, # 4 Exhibit Excerpts of Pls.' Depos) (Miltko, Susan) (Entered: 04/15/2022)

April 15, 2022

April 15, 2022

PACER
39

Brief/Memorandum in Support re 33 Brief/Memorandum in Support,, 32 MOTION for Order/Judgment Denying Class Certification filed by Catherine Cole, Barbara Koostra, Mary-Ann Sontag Bowman, Rhondie Voorhees. (Attachments: # 1 Exhibit Ex. 1 GRS Draft Report, # 2 Exhibit Ex. 2 Excerpt Depo. Sontag Bowman, # 3 Exhibit Ex. 3 Excerpt Depo. Cole, # 4 Exhibit Ex. 4 Excerpt Depo. Koostra, # 5 Exhibit Ex. 5 UM Response to Sontag Bowman's 1st Discovery, # 6 Exhibit Ex. 6 Excerpt Depo. Voorhees) (Blackford, Sherine) (Entered: 04/15/2022)

April 15, 2022

April 15, 2022

PACER
40

Unopposed MOTION for Leave to File Excess Pages Susan Moriarity Miltko appearing for Defendants Montana University System, University of Montana-Missoula (Attachments: # 1 Text of Proposed Order Proposed Order) (Miltko, Susan) (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

PACER
41

ORDER: Based on Defendants' 40 Unopposed Motion to File Overlength Reply Briefs, there being no objection from Plaintiffs, and good cause having been shown, IT IS HEREBY ORDERED that Defendants' Unopposed Motion to File Overlength Briefs is GRANTED. Signed by Judge Brian Morris on 4/27/2022. (ACC) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER
42

TEXT ORDER Setting Hearing on Motion 35 MOTION to Certify Class, 32 MOTION for Order/Judgment Denying Class Certification : Motion Hearing set for 5/24/2022 at 10:00 AM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 4/29/2022. (SLL) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

PACER
43

Unopposed MOTION For Continuance of Hearing Susan Moriarity Miltko appearing for Defendants Montana University System, University of Montana-Missoula (Attachments: # 1 Text of Proposed Order) (Miltko, Susan) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

PACER

Order Setting Hearing on Motion - SDM

April 29, 2022

April 29, 2022

PACER
44

ORDER granting 43 Motion for Continuance of Hearing. Signed by Judge Brian Morris on 5/2/2022. (KAH) (Entered: 05/02/2022)

May 2, 2022

May 2, 2022

RECAP
45

Unopposed MOTION for Extension of Time to File Response/Reply Susan Moriarity Miltko appearing for Defendants Montana University System, University of Montana-Missoula (Attachments: # 1 Text of Proposed Order Texted of Proposed Order) (Miltko, Susan) (Entered: 05/06/2022)

May 6, 2022

May 6, 2022

PACER
46

ORDER granting 45 Motion for Extension of Time to File Response/Reply. Reply briefs shall be filed on or before May 11, 2022. Signed by Judge Brian Morris on 5/6/2022. (MMS) (Entered: 05/06/2022)

May 6, 2022

May 6, 2022

PACER
47

REPLY to Response to Motion re 32 MOTION for Order/Judgment Denying Class Certification filed by Montana University System, University of Montana-Missoula. (Attachments: # 1 Exhibit Ex. A - Commonality Chart w Deposition & Discovery Excerpts, # 2 Exhibit Ex. B - Conflicts Chart w Deposition & Discovery Excerpts, # 3 Exhibit Ex. C - Damages Chart w Deposition & Discovery Excerpts) (Miltko, Susan) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
48

REPLY to Response to Motion re 35 MOTION to Certify Class filed by Catherine Cole, Barbara Koostra, Mary-Ann Sontag Bowman, Rhondie Voorhees. (Carls, Hillary) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
49

Unopposed MOTION for Hearing re 44 Order on Motion for Miscellaneous Relief for Parties to Appear by Video Conference Sherine D. Blackford appearing for Plaintiffs Catherine Cole, Barbara Koostra, Mary-Ann Sontag Bowman, Rhondie Voorhees (Attachments: # 1 Text of Proposed Order Proposed Order re Zoom Appearance) (Blackford, Sherine) (Entered: 06/06/2022)

June 6, 2022

June 6, 2022

PACER
50

EVENT DOCKETED BY CLERKS OFFICE TO LINK THE MOTION HEARING TO THE PENDING MOTIONS. (MMS) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
51

ORDER; Upon Plaintiffs' unopposed motion to appear remotely at the June 13,2022 motion hearing (Doc. 49 ), and with good cause shown, IT IS HEREBY ORDERED that the parties and Plaintiffs counsels legal intern are allowed to appear by ZOOM at the June 13, 2022 hearing (Doc. 44 ). The parties shall contact the Clerk of Court for the Zoom information. Signed by Judge Brian Morris on 6/7/2022. zoom information has been emailed to counsel) (TLO) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER

Order Setting Hearing on Motion - SDM

June 7, 2022

June 7, 2022

PACER
52

MINUTE ENTRY for MOTION HEARING held 6/13/2022 before Judge Brian Morris: Counsel Hillary Carls and Sherine Blackford appearing on behalf of Plaintiffs. Counsel Susan Moriarity Miltko and James Johnson appearing on behalf of defendants. Motion Hearing held on 6/13/2022 re 35 MOTION to Certify Class filed by Mary-Ann Sontag Bowman, Barbara Koostra, Catherine Cole, Rhondie Voorhees, 32 MOTION for Order/Judgment Denying Class Certification filed by Montana University System, University of Montana-Missoula. Counsel with argument. Matter is submitted and the Court will have a decision on this motion before the July 30th deadline. If parties are interested in a settlement to let the Court know. Hearing commenced at 1:30 p.m. and concluded at 3:38 p.m.. (Court Reporter Yvette Heinze.) (Law Clerk: C. Clevidence), (Hearing held in Great Falls) (MMS) (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER

Motion Hearing - SDM

June 13, 2022

June 13, 2022

PACER
53

SECOND AMENDED COMPLAINT Request for Class Certification, & Jury Trial Demand against All Plaintiffs, filed by Barbara Koostra, Catherine Cole, Mary-Ann Sontag Bowman, Rhondie Voorhees. (Carls, Hillary) Modified on 8/15/2022 to add text (ACC). (Entered: 07/29/2022)

July 29, 2022

July 29, 2022

Clearinghouse
54

Joint MOTION for Extension of Time to File Answer re 53 Amended Complaint and Initial Disclosures Susan Moriarity Miltko appearing for Defendants Montana University System, University of Montana-Missoula (Attachments: # 1 Text of Proposed Order Proposed Order) (Miltko, Susan) (Entered: 08/12/2022)

Aug. 12, 2022

Aug. 12, 2022

PACER
55

ORDER granting 54 Motion for Extension of Time to Answer. The deadline for Defendants to file their Answer to Plaintiffs' Second Amended Complaint will be September 12, 2022, and (2) the deadline for Plaintiffs to provide updated Initial Disclosures is September 29, 2022. Signed by Judge Brian Morris on 8/15/2022. (ACC) (Entered: 08/15/2022)

Aug. 15, 2022

Aug. 15, 2022

PACER
56

TRANSCRIPT ORDER FORM by Montana University System, University of Montana-Missoula for proceedings held on 06/13/2022 before Judge Brian Morris. Court reporter Yvette Heinze. Type of transcript: 30-Day.. Transcript due by 10/1/2022. (Miltko, Susan) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

PACER
57

Transcript - SDM

Sept. 28, 2022

Sept. 28, 2022

PACER
58

Order on Motion to Certify Class AND Order on Motion for Order/Judgment - MT

Oct. 3, 2022

Oct. 3, 2022

Clearinghouse
59

ANSWER to 53 Amended Complaint, by Montana University System, University of Montana-Missoula. (Miltko, Susan) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
60

Unopposed MOTION for Scheduling Conference Susan Moriarity Miltko appearing for Defendants Montana University System, University of Montana-Missoula (Attachments: # 1 Text of Proposed Order Proposed Order) (Miltko, Susan) (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

PACER
61

~Util - Terminate Motions AND Order Setting - MT

Oct. 31, 2022

Oct. 31, 2022

PACER
62

Notice (Other)

Nov. 1, 2022

Nov. 1, 2022

PACER
63

Notice (Other)

Nov. 1, 2022

Nov. 1, 2022

PACER
64

Scheduling Order - SDM

Nov. 2, 2022

Nov. 2, 2022

PACER

Case Details

State / Territory: Montana

Case Type(s):

Education

Equal Employment

Key Dates

Filing Date: Aug. 4, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Women formerly or currently employed by the Montana University System and the University of Montana-Missoula

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Montana University System (Missoula), State

Defendant Type(s):

College/University

Case Details

Causes of Action:

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

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:

School/University Facilities

School/University policies

Discrimination-area:

Harassment / Hostile Work Environment

Promotion

Sports

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run