Case: Fisk v. Board of Trustees of the California State University

3:22-cv-00173 | U.S. District Court for the Southern District of California

Filed Date: Feb. 7, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

Seventeen female varsity athletes sued San Diego State University (SDSU) for depriving women of equal athletic financial aid in violation of Title IX of the Education Amendments of 1972 in the U.S. District Court for the Southern District of California on February 7, 2022. The case was assigned to District Judge Todd W. Robinson.  Plaintiffs sought class certification for all current and former female students who participated in intercollegiate varsity athletics at SDSU in or since the 2019-20…

Seventeen female varsity athletes sued San Diego State University (SDSU) for depriving women of equal athletic financial aid in violation of Title IX of the Education Amendments of 1972 in the U.S. District Court for the Southern District of California on February 7, 2022. The case was assigned to District Judge Todd W. Robinson. 

Plaintiffs sought class certification for all current and former female students who participated in intercollegiate varsity athletics at SDSU in or since the 2019-20 academic year and did not receive all of the athletic financial aid they should have received in proportion to female varsity-athletics participation rates. Additionally, in an amended complaint filed on April 21, 2022, plaintiffs added claims for retaliation and denial of equal athletic treatment and benefits to their initial claim of denial of equal allocation of athletic financial aid, all in violation of Title IX. The retaliation claim was added after SDSU made clear to the women's varsity track team, including five of the named plaintiffs in the original complaint, that it was disappointed with the Title IX lawsuit and with the five women in a Zoom meeting. On May 5, 2022 defendants filed a motion to dismiss and on November 1, 2022, District Judge Robinson granted the motion in part and denied it in part. 2022 WL 16577871.

The court dismissed the denial of equal allocation of athletic financial aid claim for lack of standing after finding that the plaintiffs had not demonstrated a concrete injury as no individual athlete was entitled to a scholarship or amount of scholarship money. The court also dismissed the retaliation claim for lack of standing after finding that the plaintiffs did not suffer harm from the alleged retaliatory remarks made during a Zoom meeting because at the time of the comments, none of the plaintiffs were present and were no longer associated with the SDSU athletics program. Plaintiffs' allegations that the remarks had a chilling effect on the athletes present in the online meeting was also rejected as the court found that the named plaintiffs participation in the lawsuit was evidence of no chilling effect. Finally, the court denied the motion to dismiss the denial of equal athletic treatment and benefits claim and gave plaintiffs fourteen days to file an amended complaint. 2022 WL 16577871. On November 9, 2022, plaintiffs received an extension of time to file an amended complaint.

As of November 2022, litigation remained ongoing. 

Summary Authors

Anna Lennon (11/11/2022)

Documents in the Clearinghouse

Document
1

3:22-cv-00173

Complaint

Feb. 7, 2022

Feb. 7, 2022

Complaint
24

3:22-cv-00173

First Amended Class Action Complaint

April 21, 2022

April 21, 2022

Complaint
38

3:22-cv-00173

Order Granting in Part and Denying in Part Defendants' Motion to Dismiss and Granting in Part and Denying in Part Defendants' Request for Judicial Notice

Nov. 1, 2022

Nov. 1, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/62980044/fisk-v-board-of-trustees-of-the-california-state-university/

Last updated Jan. 19, 2023, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand against Board of Trustees of the California State University, San Diego State University ( Filing fee $ 402 receipt number BCASDC-16545016.), filed by Olivia Petrine, Carina Clark, Larisa Sulcs, Raquel Castro, Madison Fisk, Kamryn Whitworth, Alexa Dietz, Helen Bauer, Greta Viss, Erica Grotegeer, Aisha Watt, Sara Absten, Eleanor Davies, Natalie Figueroa, Clare Botterill, Kaitlin Heri, Maya Brosch. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:22-cv-173-TWR-MSB. Judge Todd W. Robinson and Magistrate Judge Michael S. Berg are assigned to the case. (Blatt, Gayle)(ave) (rmc). (Entered: 02/07/2022)

1 Civil Cover Sheet

View on PACER

Feb. 7, 2022

Feb. 7, 2022

Clearinghouse
2

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (ave) (rmc). (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

PACER
3

NOTICE of Appearance by Arthur Harry Bryant on behalf of Sara Absten, Helen Bauer, Clare Botterill, Maya Brosch, Raquel Castro, Carina Clark, Eleanor Davies, Alexa Dietz, Natalie Figueroa, Madison Fisk, Erica Grotegeer, Kaitlin Heri, Olivia Petrine, Larisa Sulcs, Greta Viss, Aisha Watt, Kamryn Whitworth (Bryant, Arthur) (fth). (Entered: 02/10/2022)

Feb. 10, 2022

Feb. 10, 2022

PACER
4

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16557636.) (Application to be reviewed by Clerk.) (Bullock, Lori) (rmc). (Entered: 02/10/2022)

Feb. 10, 2022

Feb. 10, 2022

PACER
5

PRO HAC APPROVED: Lori Ann Bullock appearing for Plaintiffs Sara Absten, Helen Bauer, Clare Botterill, Maya Brosch, Raquel Castro, Carina Clark, Eleanor Davies, Alexa Dietz, Natalie Figueroa, Madison Fisk, Erica Grotegeer, Kaitlin Heri, Olivia Petrine, Larisa Sulcs, Greta Viss, Aisha Watt, Kamryn Whitworth (no document attached) (rmc) (Entered: 02/10/2022)

Feb. 10, 2022

Feb. 10, 2022

PACER

Pro Hac Vice Approved - Clerk

Feb. 10, 2022

Feb. 10, 2022

PACER
6

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16559638.) (Application to be reviewed by Clerk.) (Joshi, Cary) (rmc). (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
7

PRO HAC APPROVED: Cary Lynn Joshi appearing for Plaintiffs Sara Absten, Helen Bauer, Clare Botterill, Maya Brosch, Raquel Castro, Carina Clark, Eleanor Davies, Alexa Dietz, Natalie Figueroa, Madison Fisk, Erica Grotegeer, Kaitlin Heri, Olivia Petrine, Larisa Sulcs, Greta Viss, Aisha Watt, Kamryn Whitworth (no document attached) (rmc) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
8

NOTICE of Appearance of Jenna M. Rangel by Jenna Marie Rangel on behalf of Sara Absten, Helen Bauer, Clare Botterill, Maya Brosch, Raquel Castro, Carina Clark, Eleanor Davies, Alexa Dietz, Natalie Figueroa, Madison Fisk, Erica Grotegeer, Kaitlin Heri, Olivia Petrine, Larisa Sulcs, Greta Viss, Aisha Watt, Kamryn Whitworth (Rangel, Jenna)Attorney Jenna Marie Rangel added to party Sara Absten(pty:pla), Attorney Jenna Marie Rangel added to party Helen Bauer(pty:pla), Attorney Jenna Marie Rangel added to party Clare Botterill(pty:pla), Attorney Jenna Marie Rangel added to party Maya Brosch(pty:pla), Attorney Jenna Marie Rangel added to party Raquel Castro(pty:pla), Attorney Jenna Marie Rangel added to party Carina Clark(pty:pla), Attorney Jenna Marie Rangel added to party Eleanor Davies(pty:pla), Attorney Jenna Marie Rangel added to party Alexa Dietz(pty:pla), Attorney Jenna Marie Rangel added to party Natalie Figueroa(pty:pla), Attorney Jenna Marie Rangel added to party Madison Fisk(pty:pla), Attorney Jenna Marie Rangel added to party Erica Grotegeer(pty:pla), Attorney Jenna Marie Rangel added to party Kaitlin Heri(pty:pla), Attorney Jenna Marie Rangel added to party Olivia Petrine(pty:pla), Attorney Jenna Marie Rangel added to party Larisa Sulcs(pty:pla), Attorney Jenna Marie Rangel added to party Greta Viss(pty:pla), Attorney Jenna Marie Rangel added to party Aisha Watt(pty:pla), Attorney Jenna Marie Rangel added to party Kamryn Whitworth(pty:pla) (fth). (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
9

NOTICE of Appearance of Amber L. Eck by Amber Lee Eck on behalf of Sara Absten, Helen Bauer, Clare Botterill, Maya Brosch, Raquel Castro, Carina Clark, Eleanor Davies, Alexa Dietz, Natalie Figueroa, Madison Fisk, Erica Grotegeer, Kaitlin Heri, Olivia Petrine, Larisa Sulcs, Greta Viss, Aisha Watt, Kamryn Whitworth (Eck, Amber)Attorney Amber Lee Eck added to party Sara Absten(pty:pla), Attorney Amber Lee Eck added to party Helen Bauer(pty:pla), Attorney Amber Lee Eck added to party Clare Botterill(pty:pla), Attorney Amber Lee Eck added to party Maya Brosch(pty:pla), Attorney Amber Lee Eck added to party Raquel Castro(pty:pla), Attorney Amber Lee Eck added to party Carina Clark(pty:pla), Attorney Amber Lee Eck added to party Eleanor Davies(pty:pla), Attorney Amber Lee Eck added to party Alexa Dietz(pty:pla), Attorney Amber Lee Eck added to party Natalie Figueroa(pty:pla), Attorney Amber Lee Eck added to party Madison Fisk(pty:pla), Attorney Amber Lee Eck added to party Erica Grotegeer(pty:pla), Attorney Amber Lee Eck added to party Kaitlin Heri(pty:pla), Attorney Amber Lee Eck added to party Olivia Petrine(pty:pla), Attorney Amber Lee Eck added to party Larisa Sulcs(pty:pla), Attorney Amber Lee Eck added to party Greta Viss(pty:pla), Attorney Amber Lee Eck added to party Aisha Watt(pty:pla), Attorney Amber Lee Eck added to party Kamryn Whitworth(pty:pla) (fth). (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER

Pro Hac Vice Approved - Clerk

Feb. 11, 2022

Feb. 11, 2022

PACER
10

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16565687.) (Application to be reviewed by Clerk.) (Hammack, Joshua) (rmc). (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
11

WAIVER OF SERVICE Returned Executed by Olivia Petrine, Carina Clark, Larisa Sulcs, Raquel Castro, Madison Fisk, Kamryn Whitworth, Alexa Dietz, Helen Bauer, Greta Viss, Erica Grotegeer, Aisha Watt, Sara Absten, Eleanor Davies, Natalie Figueroa, Clare Botterill, Kaitlin Heri, Maya Brosch, as to All Defendants. (Bryant, Arthur) (fth). (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
12

PRO HAC APPROVED: Joshua I. Hammack appearing for Plaintiffs Sara Absten, Helen Bauer, Clare Botterill, Maya Brosch, Raquel Castro, Carina Clark, Eleanor Davies, Alexa Dietz, Natalie Figueroa, Madison Fisk, Erica Grotegeer, Kaitlin Heri, Olivia Petrine, Larisa Sulcs, Greta Viss, Aisha Watt, Kamryn Whitworth (no document attached) (rmc) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER

Pro Hac Vice Approved - Clerk

Feb. 14, 2022

Feb. 14, 2022

PACER
13

Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16593411.) (Application to be reviewed by Clerk.) (Eldridge, Scott) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

PACER
14

PRO HAC APPROVED: Scott R. Eldridge appearing for Defendant Board of Trustees of the California State University (no document attached) (jrd) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

PACER

Pro Hac Vice Approved - Clerk

Feb. 24, 2022

Feb. 24, 2022

PACER
15

Request to Appear Pro Hac Vice (Filing fee received: $213.00 receipt number ACASDC-16701795.)(Application to be reviewed by Clerk.) (Higginson, Ashley)(jrd) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER
16

Request to Appear Pro Hac Vice (Filing fee received: $213.00 receipt number ACASDC-16701827.)(Application to be reviewed by Clerk.) (Schwartz, Brian)(jrd) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER
17

Request to Appear Pro Hac Vice (Filing fee received: $213.00 receipt number ACASDC-16701849.)(Application to be reviewed by Clerk.) (Giroux, Erika)(jrd) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER
18

PRO HAC APPROVED: Ashley N. Higginson appearing for Defendant Board of Trustees of the California State University (no document attached) (jrd) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER
19

PRO HAC APPROVED: Brian M. Schwartz appearing for Defendant Board of Trustees of the California State University (no document attached) (jrd) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER
20

PRO HAC APPROVED: Erika Lynn Giroux appearing for Defendant Board of Trustees of the California State University (no document attached) (jrd) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER

Pro Hac Vice Approved - Clerk

April 1, 2022

April 1, 2022

PACER
21

NOTICE of Motion by Board of Trustees of the California State University, San Diego State University (Eldridge, Scott)Attorney Scott R. Eldridge added to party San Diego State University(pty:dft) (fth). (Entered: 04/08/2022)

April 8, 2022

April 8, 2022

PACER
22

MOTION to Dismiss by Board of Trustees of the California State University, San Diego State University. (Attachments: # 1 Memo of Points and Authorities Memo of Points and Authorities, # 2 Appendix Index of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7)(Eldridge, Scott) (fth). (Entered: 04/08/2022)

1

View on RECAP

April 8, 2022

April 8, 2022

PACER
23

REQUEST FOR JUDICIAL NOTICE by Board of Trustees of the California State University, San Diego State University re 22 MOTION to Dismiss (Eldridge, Scott) (fth). (Entered: 04/08/2022)

April 8, 2022

April 8, 2022

PACER
24

AMENDED COMPLAINT with Jury Demand First Amended Class Action Complaint against All Defendants, filed by Olivia Petrine, Carina Clark, Larisa Sulcs, Raquel Castro, Madison Fisk, Kamryn Whitworth, Alexa Dietz, Helen Bauer, Greta Viss, Erica Grotegeer, Aisha Watt, Sara Absten, Eleanor Davies, Natalie Figueroa, Clare Botterill, Kaitlin Heri, Maya Brosch. (Attachments: # 1 Exhibit Redline of First Amended Complaint) (Hammack, Joshua) (fth). (Entered: 04/21/2022)

April 21, 2022

April 21, 2022

Clearinghouse
25

ORDER denying as moot 22 Motion to Dismiss. The Court VACATES the June16, 2022, hearing. Signed by Judge Todd W. Robinson on 4/22/2022. (fth) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

RECAP
26

***DOCUMENT WITHDRAWN PER 29 NOTICE*** MOTION to Dismiss for Failure to State a Claim First Amended Complaint by Board of Trustees of the California State University, San Diego State University. (Attachments: # 1 Memo of Points and Authorities, # 2 Appendix of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7)(Eldridge, Scott) QC Mailer - document not signed (fth). Modified on 5/5/2022 (fth). (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

PACER
27

***DOCUMENT WITHDRAWN PER 29 NOTICE*** NOTICE of Motion to Dismiss First Amended Complaint by Board of Trustees of the California State University, San Diego State University re 26 MOTION to Dismiss for Failure to State a Claim First Amended Complaint (Eldridge, Scott) (fth). Modified on 5/5/2022 (fth). (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

PACER
28

***DOCUMENT WITHDRAWN PER 29 NOTICE*** REQUEST FOR JUDICIAL NOTICE by Board of Trustees of the California State University, San Diego State University re 26 MOTION to Dismiss for Failure to State a Claim First Amended Complaint (Eldridge, Scott) (fth). Modified on 5/5/2022 (fth). (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

PACER
29

NOTICE OF WITHDRAWAL OF DOCUMENT by Board of Trustees of the California State University, San Diego State University re 28 Request for Judicial Notice filed by San Diego State University, Board of Trustees of the California State University, 26 MOTION to Dismiss for Failure to State a Claim First Amended Complaint filed by San Diego State University, Board of Trustees of the California State University, 27 Notice (Other), filed by San Diego State University, Board of Trustees of the California State University . (Eldridge, Scott) (fth). (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

PACER
30

MOTION to Dismiss for Failure to State a Claim First Amended Complaint by Board of Trustees of the California State University, San Diego State University. (Attachments: # 1 Memo of Points and Authorities, # 2 Appendix of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7)(Eldridge, Scott) (fth). (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

PACER
31

NOTICE of Motion to Dismiss by Board of Trustees of the California State University, San Diego State University re 30 MOTION to Dismiss for Failure to State a Claim First Amended Complaint (Eldridge, Scott) (fth). (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

PACER
32

REQUEST FOR JUDICIAL NOTICE by Board of Trustees of the California State University, San Diego State University re 30 MOTION to Dismiss for Failure to State a Claim First Amended Complaint (Eldridge, Scott) (fth). (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

PACER
33

RESPONSE in Opposition re 30 MOTION to Dismiss for Failure to State a Claim First Amended Complaint filed by Sara Absten, Helen Bauer, Clare Botterill, Maya Brosch, Raquel Castro, Carina Clark, Eleanor Davies, Alexa Dietz, Natalie Figueroa, Madison Fisk, Erica Grotegeer, Kaitlin Heri, Olivia Petrine, Larisa Sulcs, Greta Viss, Aisha Watt, Kamryn Whitworth. (Bullock, Lori) (fth). (Entered: 06/16/2022)

June 16, 2022

June 16, 2022

RECAP
34

REPLY to Response to Motion re 30 MOTION to Dismiss for Failure to State a Claim First Amended Complaint filed by Board of Trustees of the California State University, San Diego State University. (Attachments: # 1 Exhibit 1)(Eldridge, Scott) (jpp). (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
35

Minute Entry for proceedings held before Judge Todd W. Robinson: Motion Hearing held on 7/14/2022 re 30 MOTION to Dismiss for Failure to State a Claim First Amended Complaint filed by San Diego State University, Board of Trustees of the California State University. The motion is taken under submission; written order to follow. (Court Reporter/ECR Cami Kircher). (Plaintiff Attorney David Casey, Joshua Hammack). (Defendant Attorney Scott Elridge, Jennifer Santa Maria, Brian Schwartz). (no document attached) (jao) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

PACER

~Util - Motions Submitted AND Motion Hearing

July 14, 2022

July 14, 2022

PACER
36

Transcript

July 25, 2022

July 25, 2022

PACER
37

Transcript Order

July 26, 2022

July 26, 2022

PACER
38

(1) Granting In Part And Denying in Part Defendants Motion To Dismiss, and (2) Granting In Part And Denying in Part Defendants' Request For Judicial Notice (ECF Nos. 30 , 32 ). Plaintiffs MAY FILE an amended complaint curing the deficiencies outlined in this Order within fourteen (14) days of the electronic docketing of this Order. Signed by Judge Todd W. Robinson on 11/1/2022. (fth)

Nov. 1, 2022

Nov. 1, 2022

RECAP
39

Extension of Time to File

Nov. 9, 2022

Nov. 9, 2022

PACER
40

Order on Motion for Extension of Time to File

Nov. 14, 2022

Nov. 14, 2022

PACER
41

Amended Complaint

Nov. 30, 2022

Nov. 30, 2022

PACER
42

Dismiss

Dec. 13, 2022

Dec. 13, 2022

PACER

Order Setting Briefing Schedule

Dec. 14, 2022

Dec. 14, 2022

PACER

~Util - Terminate Motion and R&R Deadlines/Hearings AND ~Util - Set Motion and R&R Deadlines/Hearings AND Order

Jan. 11, 2023

Jan. 11, 2023

PACER

~Util - Set Motion and R&R Deadlines/Hearings AND ~Util - Terminate Motion and R&R Deadlines/Hearings AND Order

Jan. 11, 2023

Jan. 11, 2023

PACER

~Util - Set Motion and R&R Deadlines/Hearings AND Order AND ~Util - Terminate Motion and R&R Deadlines/Hearings

Jan. 11, 2023

Jan. 11, 2023

PACER

Case Details

State / Territory: California

Case Type(s):

Education

Education

Key Dates

Filing Date: Feb. 7, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Past and current female varsity student-athletes at San Diego State University.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Board of Trustees (San Diego), None

San Diego State University (San Diego), None

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.

Available Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination-area:

Sports

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

Type of Facility:

Government-run