Case: Portz v. St. Cloud State University

Legal Defense Fund

MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR A PRELIMINARY INJUNCTION. (Written Opinion). Signed by Chief Judge John R. Tunheim on July 25, 2016. (HAZ)

REPORT AND RECOMMENDATION: Plaintiffs' Motion to Strike Rule 68 Offer of Judgment, [Docket No. 97], should be GRANTED. Signed by Magistrate Judge Leo I. Brisbois on 4/19/17. (AKL)

ORDER sustaining 80 ORDER RE: APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge: reversing 79 the order of the Magistrate Judge; granting 74 Plaintiffs' Motion for Leave to Amend Complaint. (Written Opinion) Signed by Chief Judge John R. Tunheim on August 4, 2017. (JMK)

MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION ON MOTION TO STRIKE RULE 68 OFFER OF JUDGMENT 111 ; overruling Defendants' Objections 112 ; granting 97 Plaintiffs' Motion to Strike Defendants' Rule 68 Offer, filed by Anna Lindell, Kaitlyn Babich, Kiersten Rohde, Jill Kedrowski, Abigail Kantor, Fernanda Quintino dos Santos, Haley Bock, Marilia Roque Diversi, Alexie Portz, Maria Hauer. (Written Opinion). Signed by Chief Judge John R. Tunheim on 08/20/2017. (JMK)

MEMORANDUM OPINION AND ORDER: Defendant's Motion for Partial Summary Judgment 116 is granted; Plaintiffs' Section 1983 Claim in Count Four of the Second Amended Complaint is dismissed with prejudice; Plaintiffs' claims for monetary damages are dismissed with prejudice; Defendant's Motion to Exclude Expert Testimony 124 is granted in part and denied in part; granting 190 Motion to Certify Class; The Court certifies the class defined as: All present, prospective, and future female students at St. Cloud State University who are harmed by and want to end St. Cloud State University's sex discrimination in: (1) the allocation of athletic participation opportunities; (2) the allocation of athletic financial assis tance; and (3) the allocation of benefits provided to varsity athletes.The Court certifies Alexie Portz, Jill Kedrowski, Abigail Kantor, Marilia Roque Diversi, Fernanda Quintino dos Santos, Maria Hauer, Haley Bock, Kaitlin Babich, Anna Lindell, and Kiersten Rohde as representatives for the class. The Court appoints Fafinski Mark & Johnson, PA, as lead class counsel. Defendant's Motion to Strike 221 is denied. (Written Opinion) Signed by Chief Judge John R. Tunheim on 2/26/2018. (JMK)

ORDER: Defendant's Second Motion for Partial Summary Judgment 242 is GRANTED. Plaintiffs' Unequal Allocation of Athletic-Related Financial Assistance in Count Four of the Seconded Amended Complaint is DISMISSED with prejudice. Plaintiffs' request for a jury trial is DENIED. (Written Opinion) Signed by Chief Judge John R. Tunheim on 7/25/2018. (JMK)

Scheduling Order

Scheduling Order

ORDER ON MOTIONS IN LIMINE denying 284 Motion in Limine to Exclude Photographs, Testimony, and Information Obtained from Plaintiffs Late and Unauthorized Inspections of Defendants Property; denying 289 Motion in Limine to Exclude Historical Evi dence Concerning St. Cloud States Accommodation of Athletic Interests and Abilities; denying 293 Motion in Limine to Exclude Evidence Related to the Levels-of-Competition Test; denying 299 Motion in Limine to Exclude Testimony from Morris Kurtz and Sue Becker; and deferring ruling on 311 Motion in Limine to Limit the Testimony of Defendants Expert Witness Timothy OBrien. Signed by Chief Judge John R. Tunheim on 11/21/2018. (HAZ)

ORDER: 372 Letter to District Judge, 368 Proposed Order to Judge re Findings of Fact/Conclusions of Law. IT IS HEREBY ORDERED that Plaintiffs' request for a civil contempt order will be addressed after the Court issues its judgment in this case.(Written Opinion). Signed by Chief Judge John R. Tunheim on 1/25/2019. (JMK)

Order in Response to Letter/Request/E-mail

FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER FOR JUDGMENT. Judgment be entered for Plaintiffs and against Defendants. (Written Opinion) Signed by Chief Judge John R. Tunheim on 8/1/2019. (HAZ)

Judgment (Clerk's Office Only)

Judgment (Clerk's Office Only)

Judgment (Clerk's Office Only)

Briefing Order

Order on Stipulation

MEMORANDUM OPINION AND ORDER denying 394 Defendants' Motion to Stay (Written Opinion). Signed by Chief Judge John R. Tunheim on 12/11/2019. (HAZ)

MEMORANDUM OPINION AND ORDER granting in part and denying in part 384 Motion for Attorney Fees. (Written Opinion) Signed by Chief Judge John R. Tunheim on 1/21/2020. (HAZ)

AMENDED MEMORANDUM OPINION AND ORDER granting in part and denying in part 384 Motion for Attorney Fees. (Written Opinion) Signed by Chief Judge John R. Tunheim on 1/21/2020. **Amount of attorneys' fees awarded corrected in order section. (HAZ)

Judgment (Clerk's Office Only)

Judgment (Clerk's Office Only)

Judgment - Cost

Order on Joint Motion Regarding Continued Sealing

Order on Motion to Deposit Funds AND Order on Motion to Alter/Amend/Correct Judgment

MEMORANDUM OPINION AND ORDER granting 409 Plaintiffs' First Motion for Contempt and denying 436 Plaintiffs' Second Motion for Contempt (Written Opinion) Signed by Chief Judge John R. Tunheim on 7/6/2020. (HAZ)

Briefing Order

MEMORANDUM OPINION AND ORDER granting in part and denying in part 481 Motion for Attorney Fees and granting 493 Joint Motion Regarding Continued Sealing. Permanent Sealing GRANTED for Document Number(s): 487, 489, 489-1, 489-2.(Written Opinion) Signed by Chief Judge John R. Tunheim on 10/16/2020. (HAZ)

MEMORANDUM OPINION AND ORDER denying 498 Plaintiffs' Motion to Modify the Permanent Injunction. (Written Opinion) Signed by Chief Judge John R. Tunheim on 5/3/2021. (HMA)

Briefing Order

MEMORANDUM OPINION AND ORDER granting in part and denying in part 532 MOTION TO DISSOLVE INJUNCTION AND END THE COURTS ONGOING JURISDICTION; granting in part and denying in part 541 Motion Modify the Injunction to Be Consistent with the Eighth Circuit Court of Appeals Mandate; denying 555 Motion to Strike Pleading. (Written Opinion) Signed by Judge John R. Tunheim on 9/7/2022. (HMA)

Judgment (Clerk's Office Only)

Order on Stipulation

ORDER AND MEMORANDUM ON PLAINTIFFS RENEWED MOTION FOR FEES AND COSTS granting in part and denying in part 585 . (Written Opinion) Signed by Judge John R. Tunheim on 5/30/2023. (KKM)

Judgment (Clerk's Office Only)

Order on Motion to Withdraw/Disburse/Release Funds

Order in Response to Letter/Request/E-mail

Order for Party to File Document/Respond to Court

Order in Response to Letter/Request/E-mail

Order for Party to File Document/Respond to Court

Order in Response to Letter/Request/E-mail

MEMORANDUM OPINION AND ORDER Granting 612 Defendants' Motion for Relief from Judgment. The Permanent Injunction is Dissolved. (Written Opinion) Signed by Judge John R. Tunheim on 8/14/2024. (KKM) (Entered: 08/14/2024)

JUDGMENT (Attachments: # 1 Civil Notice - appeal)(ACH) (Entered: 08/14/2024)

Final MOTION for Attorney Fees filed by Kaitlyn Babich, Haley Bock, Marilia Roque Diversi, Maria Hauer, Abigail Kantor, Jill Kedrowski, Anna Lindell, Alexie Portz, Kiersten Rohde, Fernanda Quintino dos Santos. (Van Dyck, Sharon) (Entered: 08/28/2024)

MEMORANDUM in Support re 647 Final MOTION for Attorney Fees filed by Kaitlyn Babich, Haley Bock, Marilia Roque Diversi, Maria Hauer, Abigail Kantor, Jill Kedrowski, Anna Lindell, Alexie Portz, Kiersten Rohde, Fernanda Quintino dos Santos. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Van Dyck, Sharon) (Entered: 08/28/2024)

Declaration of Sharon Van Dyck in Support of 647 Final MOTION for Attorney Fees filed by Kaitlyn Babich, Haley Bock, Marilia Roque Diversi, Maria Hauer, Abigail Kantor, Jill Kedrowski, Anna Lindell, Alexie Portz, Kiersten Rohde, Fernanda Quintino dos Santos. (Attachments: # 1 Exhibit(s) Exhibit 1-CV, # 2 Exhibit(s) Exhibit 2-All time, # 3 Exhibit(s) Exhibit 3-Time removed, # 4 Exhibit(s) Exhibit 4-Amount Requested)(Van Dyck, Sharon) (Entered: 08/28/2024)

Declaration of Jamie Briones in Support of 647 Final MOTION for Attorney Fees filed by Kaitlyn Babich, Haley Bock, Marilia Roque Diversi, Maria Hauer, Abigail Kantor, Jill Kedrowski, Anna Lindell, Alexie Portz, Kiersten Rohde, Fernanda Quintino dos Santos. (Attachments: # 1 Exhibit(s) Exhibit A-Professional Bio, # 2 Exhibit(s) Exhibit B-invoice of time requested)(Van Dyck, Sharon) (Entered: 08/28/2024)

MEET and CONFER STATEMENT re 647 Motion for Attorney Fees filed by Kaitlyn Babich, Haley Bock, Marilia Roque Diversi, Maria Hauer, Abigail Kantor, Jill Kedrowski, Anna Lindell, Alexie Portz, Kiersten Rohde, Fernanda Quintino dos Santos.(Van Dyck, Sharon) (Entered: 08/28/2024)

PROPOSED ORDER TO JUDGE re 647 Final MOTION for Attorney Fees filed by Kaitlyn Babich, Haley Bock, Marilia Roque Diversi, Maria Hauer, Abigail Kantor, Jill Kedrowski, Anna Lindell, Alexie Portz, Kiersten Rohde, Fernanda Quintino dos Santos.(Van Dyck, Sharon) (Entered: 08/28/2024)

(Text-Only) BRIEFING ORDER re: 647 Motion for Attorney Fees. Replies due by 10/2/2024. Responses due by 9/17/2024. Ordered by Judge John R. Tunheim on 9/3/2024.(HMA) (Entered: 09/03/2024)

Briefing Order

MEMORANDUM in Opposition re 647 Final MOTION for Attorney Fees filed by Minnesota State Colleges and Universities, St. Cloud State University. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Weiner, Joseph) (Entered: 09/17/2024)

Reply to Response to Motion re 647 Final MOTION for Attorney Fees filed by Kaitlyn Babich, Haley Bock, Marilia Roque Diversi, Maria Hauer, Abigail Kantor, Jill Kedrowski, Anna Lindell, Alexie Portz, Kiersten Rohde, Fernanda Quintino dos Santos. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate Certificate of Compliance)(Van Dyck, Sharon) (Entered: 10/02/2024)

(Text-Only) NOTICE TO ATTORNEY. Judge Tunheim will hear the Final Motion for Attorney Fees [ECF No. 647] on the papers submitted, without a hearing. A written order will be forthcoming. (HMA) (Entered: 11/06/2024)

MEMORANDUM OPINION AND ORDER Granting 647 Plaintiffs' Final Motion for Attorneys' Fees. Plaintiffs are awarded $51,747.00 in reasonable attorneys' fees. (Written Opinion) Signed by Judge John R. Tunheim on 2/27/2025. (KKM)

Order Directing Clerk to Enter Judgment

Judgment (Clerk's Office Only)