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

Fisk et al. v. Board of Trustees of the California State University et al.

Fisk et al. v. Board of Trustees of the California State University et al.

Fisk et al. v. Board of Trustees of the California State University et al.

Fisk et al. v. Board of Trustees of the California State University et al.

Fisk et al. v. Board of Trustees of the California State University et al.

Fisk et al. v. Board of Trustees of the California State University et al.

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

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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)

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)

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)

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)

Pro Hac Vice Approved - Clerk

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)

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)

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)

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)

Pro Hac Vice Approved - Clerk

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)

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)

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)

Pro Hac Vice Approved - Clerk

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)

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)

Pro Hac Vice Approved - Clerk

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)

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)

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)

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)

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)

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)

Pro Hac Vice Approved - Clerk

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)

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)

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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)

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)

1 Exhibit Redline of First Amended Complaint

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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)

***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)

***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)

***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)

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)

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)

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)

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)

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)

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)

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)

~Util - Motions Submitted AND Motion Hearing

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 7/14/2022 before Judge Todd W. Robinson. Court Reporter/Transcriber: Cameron P. Kircher. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/15/2022. Redacted Transcript Deadline set for 8/25/2022. Release of Transcript Restriction set for 10/24/2022. (akr) (Entered: 07/25/2022)

TRANSCRIPT ORDER - For hearing(s) on 07/14/2022 by Board of Trustees of the California State University, San Diego State University. (Eldridge, Scott) (fth). (Entered: 07/26/2022)

(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) (Entered: 11/01/2022)

Joint MOTION for Extension of Time to File Second Amended Complaint 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. (Rangel, Jenna) (fth). (Entered: 11/09/2022)

ORDER granting 39 Joint Motion for Extension of Time to File Second Amended Complaint. Plaintiffs' deadline to file a Second Amended Complaint is extended to November 29, 2022. Signed by Judge Todd W. Robinson on 11/14/2022. (fth) (Entered: 11/14/2022)

AMENDED COMPLAINT with Jury Demand P-Second Amended Complaint against All Plaintiffs, 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 Redline of Second Amended Complaint) (Hammack, Joshua) (cxl1). (Entered: 11/29/2022)

MOTION to Dismiss Counts I and III of Plaintiff's Second Amended Complaint by Board of Trustees of the California State University, San Diego State University. (Attachments: # 1 Memo of Points and Authorities Brief in Support of Motion)(Eldridge, Scott) (cxl1). (Entered: 12/13/2022)

ORDER Setting Briefing Schedule re 42 MOTION to Dismiss Counts I and III of Plaintiff's Second Amended Complaint : Pursuant to Section III.B.2 of the undersigned's Standing Order for Civil Cases, Plaintiffs' Response is due by 1/26/2023, and Defendants' optional Reply is due by 2/9/2023. Motion Hearing set for 2/23/2023 at 03:00 PM in Courtroom 3A before Judge Todd W. Robinson. As noted in Section III.A.2 of the undersigned's Standing Order for Civil Cases, "[a]n opposing party's failure timely to file an opposition to any motion may be construed as consent to the granting of the motion pursuant to Civil Local Rule 7.1(f)(3)(c)." Signed by Judge Todd W. Robinson on 12/13/2022.(no document attached) (seh) (Entered: 12/13/2022)

Order Setting Briefing Schedule

ORDER Continuing hearing on Defendants' Motion to Dismiss Counts I and III of Plaintiff's Second Amended Complaint 42 . The Court continues the hearing to 03/02/2023, at 11:00 a.m. in Courtroom 3A. The briefing schedule that was set for this matter on 12/13/2022 43 shall remain unchanged.(no document attached) (cxl1) (Entered: 01/10/2023)

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

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

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

RESPONSE in Opposition re 42 MOTION to Dismiss Counts I and III of Plaintiff's Second 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. (Hammack, Joshua) (cxl1). (Entered: 01/26/2023)

REPLY to Response to Motion re 42 MOTION to Dismiss Counts I and III of Plaintiff's Second Amended Complaint filed by Board of Trustees of the California State University, San Diego State University. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Eldridge, Scott) (cxl1). (Entered: 02/09/2023)

Minute Entry for proceedings held before Judge Todd W. Robinson: Motion Hearing held on 3/2/2023 re MOTION to Dismiss Counts I and III of Plaintiff's Second Amended Complaint (ECF 42 ) filed by San Diego State University, Board of Trustees of the California State University. Motion taken under submission; written order to follow. (Court Reporter/ECR Cami Kircher). (Plaintiff Attorney Arthur Bryant, Joshua Hammack, Amber Eck, Jenna Rangel). (Defendant Attorney Scott Elridge, Jennifer Santa Maria, Brian Schwartz). (no document attached) (jao) (Entered: 03/02/2023)

~Util - Motions Submitted AND Motion Hearing

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 03/02/2023, before Judge Todd W. Robinson. Court Reporter/Transcriber Cameron P. Kircher. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/4/2023. Redacted Transcript Deadline set for 4/14/2023. Release of Transcript Restriction set for 6/12/2023. (All non-registered users served via U.S. Mail Service)(cxl1) (Entered: 03/15/2023)

ORDER granting in part and denying in part Defendants' Motion to Dismiss Counts I and III of Plaintiffs' Second Amended Complaint (ECF No. 42 ). Signed by Judge Todd W. Robinson on 04/12/2023. (cxl1) (rmc). (Entered: 04/12/2023)

AMENDED COMPLAINT with Jury Demand Third 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 Version of the Third Amended Complaint) (Hammack, Joshua) (aas). (Entered: 05/12/2023)

MOTION to Dismiss Third Amended Complaint by Board of Trustees of the California State University, San Diego State University. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit)(Eldridge, Scott) (cxl1). (Entered: 05/26/2023)

1 Memo of Points and Authorities

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2 Exhibit

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ORDER Setting Briefing Schedule re 51 MOTION to Dismiss Third Amended Complaint: Pursuant to Section III.B.2 of the undersigned's Standing Order for Civil Cases, Plaintiffs' Response is due by 7/20/2023 and Defendants' Optional Reply is due by 8/3/2023. Motion Hearing is set for 8/17/2023 at 03:00 PM in Courtroom 3A before Judge Todd W. Robinson. As noted in Section III.A.2 of the undersigned's Standing Order for Civil Cases, "[a]n opposing party's failure timely to file an opposition to any motion may be construed as consent to the granting of the motion pursuant to Civil Local Rule 7.1(f)(3)(c)." Signed by Judge Todd W. Robinson on 5/30/2023. (no document attached) (seh) (Entered: 05/30/2023)

Order Setting Briefing Schedule

RESPONSE in Opposition re 51 MOTION to Dismiss Third 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. (Attachments: # 1 Exhibit 1 - Email)(Hammack, Joshua) (cxl1). (Entered: 07/20/2023)

RESPONSE in Support re 51 MOTION to Dismiss Third Amended Complaint Reply in Support of Defendants' Motion to Dismiss in Part Plaintiffs' Third Amended Complaint filed by Board of Trustees of the California State University, San Diego State University. (Eldridge, Scott) (cxl1). (Entered: 08/03/2023)

Minute Entry for proceedings held before Judge Todd W. Robinson: Motion Hearing held on 8/17/2023 re MOTION to Dismiss Third Amended Complaint 51 filed by San Diego State University, Board of Trustees of the California State University. The matter is taken under submission. Written order to follow. (Court Reporter/ECR Cami Kircher). (Plaintiff Attorney Arthur Bryant, Joshua Hammack). (Defendant Attorney Jennifer Santa Maria, Brian Schwartz). (no document attached) (jao) (Entered: 08/18/2023)

Motion Hearing AND ~Util - Motions Submitted

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 08/17/2023, before Judge Todd W. Robinson. Court Reporter/Transcriber Cameron P. Kircher. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/14/2023. Redacted Transcript Deadline set for 9/25/2023. Release of Transcript Restriction set for 11/22/2023. (cxl1) (Entered: 08/24/2023)

MOTION to Amend/Correct the Court's Order of April 12, 2023 by 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. (Attachments: # 1 Memo of Points and Authorities)(Hammack, Joshua) (cxl1). (Entered: 08/25/2023)

ORDER Setting Briefing Schedule re 57 MOTION to Amend/Correct the Court's Order of April 12, 2023: The Court hereby sets an expedited briefing schedule. Defendants' Response is due by 9/11/2023 and Plaintiffs' Optional Reply is due by 9/18/2023. Motion Hearing set for 9/28/2023 at 03:00 PM in Courtroom 3A before Judge Todd W. Robinson. Signed by Judge Todd W. Robinson on 08/28/2023. (no document attached) (seh) (Entered: 08/28/2023)

Order Setting Briefing Schedule

RESPONSE in Opposition re 57 MOTION to Amend/Correct the Court's Order of April 12, 2023 Including - if Necessary - By Revising the Court's Order filed by Board of Trustees of the California State University, San Diego State University. (Eldridge, Scott) (cxl1). (Entered: 09/11/2023)

ORDER Granting in Part and Denying in Part Defendants' Motion to Dismiss in Part Plaintiffs' Third Amended Complaint (ECF No. 51 ). Signed by Judge Todd W. Robinson on 09/15/2023. (cxl1) (Entered: 09/15/2023)

REPLY to Response to Motion re 57 MOTION to Amend/Correct the Court's Order of April 12, 2023 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. (Hammack, Joshua) (cxl1). (Entered: 09/18/2023)

ORDER Vacating Hearing and Taking Matter Under Submission Without Oral Argument (ECF No. 57 ). Signed by Judge Todd W. Robinson on 09/21/2023.(cxl1) (Entered: 09/21/2023)

Joint MOTION for Extension of Time to File Answer re 50 Amended Complaint, to Set Time for Defendants to Answer Plaintiffs' Third Amended Complaint by Board of Trustees of the California State University, San Diego State University. (Eldridge, Scott) (cxl1). (Entered: 09/26/2023)

ORDER Granting Joint Motion to Set Time for Defendants to Answer Plaintiffs' Third Amended Complaint (ECF No. 63 ) Defendants MUST file an answerto Plaintiffs' Third Amended Complaint within twenty-eight (28) days of the Court's Order on Plaintiffs' Motion to Amend/Correct being filed. Signed by Judge Todd W. Robinson on 09/29/2023. (cxl1) (Entered: 09/29/2023)

ORDER (1) Granting Plaintiff's Motion to Amend/Correct the Court's Order of April 12, 2023; (2) Modifying the Court's April 12, 2023 Order; and (3) Ruling on Reserved Issue (ECF Nos. 49, 57, 60 ). Signed by Judge Todd W. Robinson on 10/10/2023. (cxl1) (Entered: 10/10/2023)

Defendants' ANSWER to 50 Amended Complaint, Third Amended Class Action Complaint, and Affirmative, Special and other Defenses by Board of Trustees of the California State University, San Diego State University.(Eldridge, Scott) (cxl1). (Entered: 11/07/2023)

NOTICE AND ORDER for: (1) Early Neutral Evaluation Evaluation, (2) Case Management Conference, and (3) Pre-ENE Telephonic Conference. Early Neutral Evaluation set for 12/20/2023 09:30 AM before Magistrate Judge Michael S. Berg. Case Management Conference set for 12/20/2023 09:30 AM before Magistrate Judge Michael S. Berg. Status Conference set for 12/19/2023 11:00 AM before Magistrate Judge Michael S. Berg. Joint Discovery Plan due 12/13/2023. Signed by Magistrate Judge Michael S. Berg on 11/9/2023.(cxl1) (Entered: 11/09/2023)

MOTION to Excuse Appearance of Some Plaintiffs and Plaintiffs' Co-Counsel at Early Neutral Evaluation on December 20, 2023, 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. (Attachments: # 1 Exhibit 1 - Email Chain, # 2 Declaration Declaration of Joshua Hammack)(Hammack, Joshua) (cxl1). (Entered: 12/11/2023)

RESPONSE in Opposition re 68 MOTION to Excuse Appearance of Some Plaintiffs and Plaintiffs' Co-Counsel at Early Neutral Evaluation on December 20, 2023, filed by Board of Trustees of the California State University, San Diego State University. (Attachments: # 1 Exhibit, # 2 Exhibit)(Schwartz, Brian) (cxl1). (Entered: 12/12/2023)

ORDER: (1) Granting Plaintiffs' Ex Parte Motion to Excuse Some Plaintiffs and Co-Counsel from Personally Appearing at the Early Neutral Evaluation (ECF No. 68 ); and (2) Sua Sponte Converting the Early Neutral Evaluation and Case Management Conference to Zoom. Signed by Magistrate Judge Michael S. Berg on 12/13/2023. (cxl1) (Entered: 12/13/2023)

JOINT DISCOVERY PLAN 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) (cxl1). (Entered: 12/13/2023)

Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Pre-ENE Telephonic Status Conference held on 12/19/2023. Judge Berg spoke with counsel for each party individually to prepare for mediation. (Plaintiff Attorney Lori Bullock). (Defendant Attorney Brian Schwartz). (no document attached) (jaa) (Entered: 12/19/2023)

Joint MOTION for Protective Order Regarding the Production of FERPA-Protected Education Records 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. (Attachments: # 1 Exhibit Proposed Stipulated Order Regarding Production of FERPA-Protected Education Records)(Bullock, Lori) (cxl1). (Entered: 12/19/2023)

Status Conference

Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Zoom Early Neutral Evaluation Conference held on 12/20/2023. The case did not settle. Zoom Case Management Conference held on 12/20/2023. Scheduling order to follow. (Plaintiff Attorney Lori Bullock; Arthur Bryant; David Casey; Joshua Hammack; Jenna Rangel). (Defendant Attorney Ashley Higginson; Jennifer Santa Maria; Brian Schwartz).(no document attached) (jaa) (Entered: 12/20/2023)

Case Management Conference AND Early Neutral Evaluation Conference

ORDER Granting Joint Motion to Enter Stipulated Order Regarding the Production of FERPA Protected Education Records (ECF No. 73 ). Signed by Magistrate Judge Michael S. Berg on 12/21/2023. (cxl1) (Entered: 12/21/2023)

SCHEDULING ORDER Regulating Discovery and Other Pretrial Proceedings. Case Management Conference set for 3/18/2024 11:00 AM before Magistrate Judge Michael S. Berg. Mandatory Settlement Conference set for 3/7/2025 09:30 AM before Magistrate Judge Michael S. Berg. Proposed Pretrial Order due by 4/10/2025. Final Pretrial Conference set for 4/17/2025 01:30 PM before Judge Todd W. Robinson. Signed by Magistrate Judge Michael S. Berg on 12/21/2023.(cxl1) (Entered: 12/21/2023)

ORDER Setting Discovery Conference for 3/28/2024 10:00 AM before Magistrate Judge Michael S. Berg. Signed by Magistrate Judge Michael S. Berg on 3/18/2024.(sjt) (Entered: 03/18/2024)

Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Zoom Case Management Conference held on 3/18/2024. Telephonic Case Management Conference SET for 6/17/2024 at 10:00 AM before Magistrate Judge Michael S. Berg. At the scheduled time, counsel must call 619-657-0677 and enter conference ID number 529 685 161#. (Plaintiff Attorney Arthur Bryant; Lori Bullock; Joshua Hammack). (Defendant Attorney Ashley Higginson; Jennifer Santa Maria; Brian Schwartz). (no document attached) (jaa) (Entered: 03/18/2024)

Case Management Conference AND ~Util - Set Hearings

Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Telephonic Discovery Conference held 3/28/2024. Pursuant to discussions with the parties, Defendants will review the supplemental responses provided by Plaintiffs as to the damages and psychological harm issues. Should the parties require additional assistance as to these two issues, they must jointly contact Judge Bergs chambers by April 10, 2024. Additionally, Plaintiffs shall produce the two signed retainer agreements that preceded the filing of the current Complaint, as well as the currently operative retainer agreements for the class representatives. The Court CONTINUES the deadline to serve written discovery requests from April 19, 2024, to May 20, 2024, but leaves all other Scheduling Order deadlines in place. (See ECF No. 76.) (Plaintiff Attorney Lori Bullock). (Defendant Attorney Brian Schwartz; Ashley Higginson). (no document attached) (jaa) (Entered: 03/28/2024)

NOTICE of Hearing: Further Telephonic Discovery Conference SET for 4/22/2024 at 11:00 AM before Magistrate Judge Michael S. Berg, to address the temporal scope of discovery. To join the conference, counsel must call (619) 657-0677 and enter conference ID number 959 204 046#. No later than April 18, 2024, the parties are ORDERED to lodge informal letter briefs of no more than two pages focusing on proportionality and costs. Counsel may attach up to ten pages of exhibits and declarations. The informal letter briefs are to be exchanged between counsel and submitted to Judge Berg via e-mail to efile_berg@casd.uscourts.gov.(no document attached) (jaa) (Entered: 03/28/2024)

Notice of Hearing

Discovery Conference

Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Telephonic Discovery Conference held on 4/22/2024. The discovery disputes were discussed and resolved. (Plaintiff Attorney Lori Bullock; Joshua Hammack). (Defendant Attorney Brian Schwartz; Ashley Higginson). (no document attached) (jaa) (Entered: 04/23/2024)