Case: McKinney v. National Collegiate Athletic Association

1:23-cv-01372 | U.S. District Court for the Southern District of Indiana

Filed Date: Aug. 4, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This putative class-action lawsuit was filed on August 4, 2023 in the U.S. District Court for the Southern District of Indiana, on behalf of Black student-athletes at HBCUs. The plaintiff, a current student-athlete at an HBCU, alleged that the National Collegiate Athletic Association (NCAA) engaged in discriminatory practices through the use of its Academic Performance Program in violation of 42 U.S.C. § 1981 and 42 U.S.C. § 1985. Represented by private counsel, the plaintiff sought an injuncti…

This putative class-action lawsuit was filed on August 4, 2023 in the U.S. District Court for the Southern District of Indiana, on behalf of Black student-athletes at HBCUs. The plaintiff, a current student-athlete at an HBCU, alleged that the National Collegiate Athletic Association (NCAA) engaged in discriminatory practices through the use of its Academic Performance Program in violation of 42 U.S.C. § 1981 and 42 U.S.C. § 1985. Represented by private counsel, the plaintiff sought an injunction to prevent the NCAA from imposing or enforcing its Academic Performance Program, a monitor to ensure that the NCAA does not engage in other practices that discriminate against black student-athletes at HBCUs, and attorneys’ fees. The case was brought “on the same bases as alleged in Manassa v. National Collegiate Athletic Association.”

NCAA’s Academic Performance Program imposed penalties on teams if their players did not do well enough academically, including potentially preventing the team from playing in the postseason. However, the plaintiff alleged that the metrics the NCAA had chosen for the program were discriminatory and caused teams at HBCUs to be disproportionately penalized. The plaintiff alleged that this violated 42 U.S.C. § 1981’s ban on racial discrimination in contracting and 42 U.S.C. § 1985’s ban on conspiring to deprive people of their civil rights.

The case was originally assigned to Judge James P. Hanlon, but was reassigned to Judge Richard L. Young on August 31, 2023 because of his involvement in Manassa v. NCAA. On August 27, 2023, the named plaintiff filed a motion to intervene in Manassa and to be appointed as the class representative of the Injunctive Relief Class proposed by that suit. On September 5, 2023, the court denied the motion to intervene.

In this case, the defendant moved to dismiss for lack of jurisdiction on October 13, 2023. The following month, both parties agreed that all discovery and deposition testimony produced in Manassa v. NCAA could be used in this case. 

On September 20, 2024, the court granted the NCAA’s motion to dismiss and motion to strike. In the order, the court rejected the plaintiff’s argument that her claim is unrelated to the Academic Performance Program’s postseason penalties. Rather, the plaintiff’s injuries and complaints were virtually the same as those alleged in Manassa, which arose from the risk of postseason penalties. The court held that the plaintiff lacked standing, as she failed to identify a “particularized” injury caused by the performance program apart from postseason penalties — which was deemed too remote to confer Article III jurisdiction in Manassa

The plaintiff was granted leave to file an amended complaint, and did so on October 21, 2024. The amended complaint centered on the barriers to equal opportunity imposed by the Academic Performance Program, rather than those imposed by the penalties — including barriers to meeting the Academic Performance Program standards and barriers to participating and competing in intercollegiate athletics. 

On March 31, 2025, the court granted the NCAA’s motion to dismiss the first amendment complaint based on lack of standing and denied the pending class certification as moot. The court rejected the barriers to equal opportunity identified, finding first that the NCAA’s Academic Performance Program itself does not erect any barriers to meeting its standards for specific students. In addition, the court held that restrictions to competing were imposed by the Academic Performance Program penalties, and not the very existence of the program. Accordingly, the court said that the plaintiff failed to identify a concrete and particularized injury that was traceable to either the program or the NCAA.

Since the court determined the plaintiff lacked standing, it dismissed her individual and class claims. The court granted the plaintiff leave to substitute an “appropriate named plaintiff” in a second amended complaint within 45 days of the order before a final judgment is entered. The case is ongoing. 

 

Summary Authors

Kyle O'Hara (11/11/2023)

Isabel Bysiewicz (4/8/2025)

Related Cases

Manassa v. NCAA, Southern District of Indiana (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67666663/parties/mckinney-v-national-collegiate-athletic-association/


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Documents in the Clearinghouse

Document
1

1:23-cv-01372

Class Action Complaint

Aug. 4, 2023

Aug. 4, 2023

Complaint
118

1:23-cv-01372

Order on Defendant's Motion to Dismiss and Motion to Strike Plaintiff's Response

Sept. 20, 2024

Sept. 20, 2024

Order/Opinion

2024 WL 4263923

125

1:23-cv-01372

First Amended Complaint

Oct. 21, 2024

Oct. 21, 2024

Complaint
139

1:23-cv-01372

Order Granting Motion to Dismiss First Amended Complaint and Denying as Moot Class Certification Motions

March 31, 2025

March 31, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67666663/mckinney-v-national-collegiate-athletic-association/

Last updated July 18, 2025, 8:44 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filing fee of $402 pd, Tracking Id AINSCD-7750516 against NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, filed by BRENDA MCKINNEY. (No fee paid with this filing) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Riley, William) (Entered: 08/04/2023)

1 Civil Cover Sheet

View on RECAP

2 Proposed Summons

View on RECAP

Aug. 4, 2023

Aug. 4, 2023

Clearinghouse
2

NOTICE of Appearance by William N. Riley on behalf of Plaintiff BRENDA MCKINNEY. (Riley, William) (Entered: 08/04/2023)

Aug. 4, 2023

Aug. 4, 2023

RECAP
3

NOTICE of Appearance by Sundeep Singh on behalf of Plaintiff BRENDA MCKINNEY. (Singh, Sundeep) (Entered: 08/04/2023)

Aug. 4, 2023

Aug. 4, 2023

RECAP
4

NOTICE of Appearance by Russell B. Cate on behalf of Plaintiff BRENDA MCKINNEY. (Cate, Russell) (Entered: 08/04/2023)

Aug. 4, 2023

Aug. 4, 2023

RECAP
5

PRACTICES AND PROCEDURES before Judge James Patrick Hanlon. (KAA) (Entered: 08/07/2023)

Aug. 7, 2023

Aug. 7, 2023

RECAP
6

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (KAA) (Entered: 08/07/2023)

Aug. 7, 2023

Aug. 7, 2023

RECAP
7

Notice to File Rule 7.1 Disclosure Statement. (RAGS) (KAA) (Entered: 08/07/2023)

Aug. 7, 2023

Aug. 7, 2023

RECAP
8

Summons Issued as to NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. (KAA) (Entered: 08/07/2023)

Aug. 7, 2023

Aug. 7, 2023

RECAP
9

WAIVER OF SERVICE Returned Executed, filed by BRENDA MCKINNEY. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION waiver sent on 8/14/2023. (Riley, William) (Entered: 08/17/2023)

Aug. 17, 2023

Aug. 17, 2023

RECAP
10

MOTION for Attorney(s) Elizabeth A. Fegan to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7784583), filed by Plaintiff BRENDA MCKINNEY. (Attachments: # 1 Text of Proposed Order)(Fegan, Elizabeth) (Entered: 08/28/2023)

1 Text of Proposed Order

View on RECAP

Aug. 28, 2023

Aug. 28, 2023

RECAP
11

ORDER - granting 10 Motion to Appear pro hac vice. Attorney Elizabeth A. Fegan for BRENDA MCKINNEY added. (See Order.) Signed by Magistrate Judge Tim A. Baker on 8/29/2023. (JSR) (Entered: 08/29/2023)

Aug. 29, 2023

Aug. 29, 2023

RECAP
12

ORDER REASSIGNING CASE. Clerk is directed to reassign case to Judge Richard L. Young and Magistrate Judge Mark J. Dinsmore for all further proceedings. This case is related to 1:20-cv-03172-RLY-MJD. Judge James P. Hanlon and Magistrate Judge Tim A. Baker no longer assigned to case. Signed by Judge James Patrick Hanlon on 8/31/2023. (PKP) (Entered: 08/31/2023)

Aug. 31, 2023

Aug. 31, 2023

RECAP
13

NOTICE of Reassignment of Case to District Judge Richard L Young and Magistrate Judge Mark J. Dinsmore. Judge James Patrick Hanlon, Magistrate Judge Tim A. Baker are no longer assigned to this case. Please include the new case number, 1:23-cv-1372-RLY-MJD, on all future filings in this matter. (DJH) (Entered: 08/31/2023)

Aug. 31, 2023

Aug. 31, 2023

RECAP
14

NOTICE of Appearance by Brian Eugene Casey on behalf of Defendant NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. (Casey, Brian) (Entered: 10/13/2023)

Oct. 13, 2023

Oct. 13, 2023

PACER
15

MOTION to Dismiss for Lack of Jurisdiction, filed by Defendant NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. (Casey, Brian) (Entered: 10/13/2023)

Oct. 13, 2023

Oct. 13, 2023

PACER
16

BRIEF/MEMORANDUM in Support re 15 MOTION to Dismiss for Lack of Jurisdiction, filed by Defendant NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. (Attachments: # 1 Exhibit 1 - Yurk Declaration, # 2 Exhibit 2 - Casey Declaration, # 3 Exhibit 3 Siskin Transcript)(Casey, Brian) (Entered: 10/13/2023)

Oct. 13, 2023

Oct. 13, 2023

PACER
17

SCHEDULING ORDER - Telephonic Initial Pretrial Conference set for 11/1/2023 at 09:00 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. (SEE ORDER.) Signed by Magistrate Judge Mark J. Dinsmore on 10/19/2023.(TPS) (Entered: 10/19/2023)

Oct. 19, 2023

Oct. 19, 2023

PACER
18

NOTICE of Appearance by Alicia Barrs on behalf of Defendant NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. (Barrs, Alicia) (Entered: 10/27/2023)

Oct. 27, 2023

Oct. 27, 2023

PACER
19

MOTION for Attorney(s) Melissa Ryan Clark to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7876924), filed by Plaintiff BRENDA MCKINNEY. (Attachments: # 1 Text of Proposed Order)(Clark, Melissa) (Entered: 10/30/2023)

Oct. 30, 2023

Oct. 30, 2023

PACER
21

Joint Proposed CASE MANAGEMENT PLAN TENDERED, filed by Defendant NATIONAL COLLEGIATE ATHLETIC ASSOCIATION . (Casey, Brian) (Entered: 10/30/2023)

Oct. 30, 2023

Oct. 30, 2023

PACER
22

ORDER granting 19 Motion to Appear pro hac vice. Attorney Melissa Ryan Clark for BRENDA MCKINNEY added. Signed by Magistrate Judge Mark J. Dinsmore on 10/31/2023. (JRB) (Entered: 10/31/2023)

Oct. 31, 2023

Oct. 31, 2023

PACER
23

MOTION for Attorney(s) Anna Kalinina to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7879095), filed by Defendant NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. (Attachments: # 1 Text of Proposed Order proposed Order)(Casey, Brian) (Entered: 10/31/2023)

Oct. 31, 2023

Oct. 31, 2023

PACER
24

MOTION for Attorney(s) Jake Winslett to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7879119), filed by Defendant NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. (Attachments: # 1 Text of Proposed Order proposed Order)(Casey, Brian) (Entered: 10/31/2023)

Oct. 31, 2023

Oct. 31, 2023

PACER
25

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 11/1/2023. Parties failed to provide Court with agreed Case Management Plan; consequently, Court will enter a case schedule by separate order. Parties have agreed that all discovery produced in Manassa v. NCAA, 1:20-cv-03172-RLY-MJD (S.D. Ind.), will be deemed produced in this action, and that all deposition testimony (including deposition transcripts and audio or visual recordings) obtained in Manassa may be used in this action as if depositions had occurred in and for purposes of this action. To facilitate that process, Court will sua sponte enter confidentiality protective order from Manassa in this case by separate order. Telephonic Status Conference set for 12/6/2023 at 3:00 PM (Eastern Time) to discuss parties' Joint Report on Status of Discovery due 12/4/2023. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 11/01/2023)

Nov. 1, 2023

Nov. 1, 2023

PACER
26

PROTECTIVE ORDER. Signed by Judge Mark J. Dinsmore on 11/1/2023.(AAS) (Entered: 11/01/2023)

Nov. 1, 2023

Nov. 1, 2023

PACER
27

SCHEDULING ORDER - In order to allow the Court to more efficiently and effectively manage the conduct of discovery in this matter, on or before December 4, 2023, the parties shall jointly file a "Joint Report on the Status of Discovery," which report shall set forth: SEE ORDER. Signed by Magistrate Judge Mark J. Dinsmore on 11/1/2023.(AAS) (Entered: 11/01/2023)

Nov. 1, 2023

Nov. 1, 2023

PACER
28

ORDER granting 24 Motion to Appear pro hac vice. Attorney Jake Winslett for NATIONAL COLLEGIATE ATHLETIC ASSOCIATION added. Signed by Magistrate Judge Mark J. Dinsmore on 11/1/2023. (JRB) (Entered: 11/01/2023)

Nov. 1, 2023

Nov. 1, 2023

PACER
29

ORDER granting 23 Motion to Appear pro hac vice. Attorney Anna Kalinina for NATIONAL COLLEGIATE ATHLETIC ASSOCIATION added. If not already registered with the Court's Electronic Filing System, Anna Kalinina is ordered to register within ten (10) days of the entry of this order. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 11/01/2023. (AAS) (Entered: 11/01/2023)

Nov. 1, 2023

Nov. 1, 2023

PACER
30

ORDER: CASE MANAGEMENT PLAN - Dispositive Motions due by 9/6/2024. Discovery due by 8/9/2024. SEE ORDER. Signed by Magistrate Judge Mark J. Dinsmore on 11/1/2023.(JRB) (Entered: 11/02/2023)

Nov. 2, 2023

Nov. 2, 2023

PACER
31

RESPONSE in Opposition re 15 MOTION to Dismiss for Lack of Jurisdiction, filed by Plaintiff BRENDA MCKINNEY. (Attachments: # 1 Declaration of Melissa Clark, # 2 Declaration of Plaintiff Brenda McKinney)(Clark, Melissa) (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

PACER
32

REPLY in Support of Motion re 15 MOTION to Dismiss for Lack of Jurisdiction, filed by Defendant NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. (Attachments: # 1 Exhibit 4 - Comparison of Complaints)(Casey, Brian) (Entered: 11/13/2023)

Nov. 13, 2023

Nov. 13, 2023

PACER
33

MOTION for Attorney(s) Jessica H. Meeder to Appear pro hac vice (Filing fee $100, receipt number CINSDC-7902023), filed by Plaintiff BRENDA MCKINNEY. (Attachments: # 1 Text of Proposed Order)(Meeder, Jessica) (Entered: 11/15/2023)

Nov. 15, 2023

Nov. 15, 2023

PACER
34

Witness List and Exhibit List (Preliminary), filed by Plaintiff BRENDA MCKINNEY. (Clark, Melissa) (Entered: 11/27/2023)

Nov. 27, 2023

Nov. 27, 2023

PACER
35

ORDER granting 33 Motion to Appear pro hac vice. Attorney Jessica Meeder for BRENDA MCKINNEY added. SEE ORDER. Signed by Magistrate Judge Mark J. Dinsmore on 11/28/2023. (JRB) (Entered: 11/28/2023)

Nov. 28, 2023

Nov. 28, 2023

PACER
37

REPORT on the Status of Discovery (Joint) by BRENDA MCKINNEY. (Attachments: # 1 Exhibit A)(Fegan, Elizabeth) (Entered: 12/04/2023)

1 Exhibit A

View on RECAP

Dec. 4, 2023

Dec. 4, 2023

RECAP
38

Witness List and Exhibit List (Preliminary), filed by Defendant NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. (Casey, Brian) (Entered: 12/04/2023)

Dec. 4, 2023

Dec. 4, 2023

PACER
39

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 12/6/2023. Parties discussed status of discovery. Telephonic Status Conference set for 1/5/2024 at 12:00 PM (Eastern Time) to discuss parties' Supplemental Joint Discovery Status Report due 1/2/2024. Settlement Conference set for 7/10/2024 at 9:00 AM (Eastern Time) in room #277, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. (See Order for deadlines.) Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 12/08/2023)

Dec. 6, 2023

Dec. 6, 2023

PACER
40

Unopposed MOTION TO RESCHEDULE SETTLEMENT CONFERENCE, filed by Defendant NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. (Attachments: # 1 Text of Proposed Order proposed Order)(Casey, Brian) (Entered: 12/20/2023)

Dec. 20, 2023

Dec. 20, 2023

PACER
41

ORDER granting 40 Motion to Reschedule Settlement Conference - SThe July 10, 2024 settlement conference is CONTINUED to Tuesday, July 16, 2024 at 9:00 a.m. (Eastern), in Room 277, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Counsel for the parties shall immediately notify their clients and any other necessary participants of the date of the settlement conference, and any request to vacate or continue the settlement conference must be made by motion filed with the Court on or before January 5, 2024, except in exigent circumstances. All other requirements of the Court's Order scheduling the conference 39 remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 12/27/2023.(JRB) (Entered: 12/27/2023)

Dec. 27, 2023

Dec. 27, 2023

RECAP
42

REPORT on the Status of Discovery (Joint) by BRENDA MCKINNEY. (Fegan, Elizabeth) (Entered: 01/02/2024)

Jan. 2, 2024

Jan. 2, 2024

RECAP
43

NOTICE of Appearance by Valerie Chisara Ezie-Boncoeur on behalf of Defendant NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. (Ezie-Boncoeur, Valerie) (Entered: 01/03/2024)

Jan. 3, 2024

Jan. 3, 2024

PACER
45

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 1/5/2024. Parties discussed status of discovery. Telephonic Status Conference set for 2/2/2024 at 11:00 AM (Eastern Time) to discuss parties' next Supplemental Joint Discovery Status Report due 1/30/2024. *See Order.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 01/05/2024)

Jan. 5, 2024

Jan. 5, 2024

RECAP
47

STATUS REPORT Joint Discovery Status Report by NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. (Casey, Brian) (Entered: 01/30/2024)

Jan. 30, 2024

Jan. 30, 2024

RECAP
48

MOTION for Attorney(s) Autumn C. Gear to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8008369), filed by Defendant NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. (Attachments: # 1 Text of Proposed Order)(Casey, Brian) (Entered: 02/01/2024)

Feb. 1, 2024

Feb. 1, 2024

PACER
49

ORDER granting 48 Motion to Appear pro hac vice. Attorney Autumn C Gear for NATIONAL COLLEGIATE ATHLETIC ASSOCIATION added. Signed by Magistrate Judge Mark J. Dinsmore on 2/2/2024. (LBT) (Entered: 02/02/2024)

Feb. 2, 2024

Feb. 2, 2024

PACER
50

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 2/2/2024. Parties discussed status of discovery. Parties are again reminded to ensure that paragraph 1 of their next Supplemental Joint Discovery Status is limited to "[a] detailed description of all discovery completed within preceding 28 days." In-Person Discovery Conference set for 2/16/2024 at 9:00 AM (Eastern Time) in room #277, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana, to address all discovery disputes then pending between parties. (See Order for deadlines.) Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 02/02/2024)

Feb. 2, 2024

Feb. 2, 2024

RECAP
51

Unopposed MOTION to Adjourn Discovery Conference, filed by Plaintiff BRENDA MCKINNEY. (Attachments: # 1 Exhibit Proposed Order)(Fegan, Elizabeth) (Entered: 02/13/2024)

1 Exhibit Proposed Order

View on RECAP

Feb. 13, 2024

Feb. 13, 2024

RECAP
52

ORDER granting in part and denying in part Plaintiff's 51 Motion to Adjourn Discovery Conference. This matter will come before the Court for an in person Status and Discovery Conference on Friday, March 1, 2024 at 12:00 p.m. (Eastern), in Room 277, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Mark J. Dinsmore. The purpose of the conference is to discuss the parties' next Supplemental Joint Report on the Status of Discovery, which is due February 27, 2024, and to address any and all discovery disputes then pending between the parties, including but not limited to the parties' dispute regarding the entry of an ESI protocol [See Dkt. 47 at 2-3]. Each party shall be represented at the conference by the counsel who intend to present this case at trial, as well as any other counsel or representatives, including client representatives, required to resolve any of the parties' pending discovery disputes. the parties are ordered to conduct a proper meet-and-confer regarding their dispute before 10:00 a.m. (Eastern) on February 28, 2024. At or before 3:00 p.m. (Eastern) on February 28, 2024, the parties are to email the Court at MJDinsmore@insd.uscourts.gov, with a copy to each other, a brief outline of any remaining disputes, their respective positions on the issue(s), the discovery requests and responses at issue (if any), and any other documents they would like the Court to review in advance of the conference (see Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 2/15/2024.(SWM) (Entered: 02/15/2024)

Feb. 15, 2024

Feb. 15, 2024

RECAP
53

Unopposed MOTION TO RESCHEDULE STATUS CONFERENCE, filed by Defendant NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Ezie-Boncoeur, Valerie) (Entered: 02/26/2024)

Feb. 26, 2024

Feb. 26, 2024

PACER
54

ORDER: This matter is before the Court on 53 Defendant's Unopposed Motion to Reschedule Status Conference. The motion is hereby DENIED, and the in-person Status and Discovery Conference will proceed as scheduled on March 1, 2024 at 12:00 p.m. (Eastern). [52.] In light of Defendant's client representative's conflict, that individual is hereby excused from attending the conference. However, Defendant's counsel shall confer with that individual in advance of the conference to obtain the authority necessary to resolve any of the parties' pending discovery disputes. In addition, though not required, the Court recommends that counsel make arrangements to be able to communicate with that individual by telephone in the event that additional authority is required during the conference, because it is the intention of the Court to resolve unresolved disputes, particularly with regard to the ESI protocol, prior to the conclusion of the conference. All other requirements of the Court's Order scheduling the conference 52 remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 2/27/2024. (GD) (Entered: 02/27/2024)

Feb. 27, 2024

Feb. 27, 2024

PACER
55

REPORT on the Status of Discovery (Joint) by BRENDA MCKINNEY. (Fegan, Elizabeth) (Entered: 02/27/2024)

Feb. 27, 2024

Feb. 27, 2024

PACER
56

MOTION for Attorney(s) Victor Vital to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8048375), filed by Defendant NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. (Attachments: # 1 Text of Proposed Order)(Casey, Brian) (Entered: 02/28/2024)

Feb. 28, 2024

Feb. 28, 2024

PACER
58

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: In-Person Status / Discovery Conference held on 3/1/2024. Parties discussed status of discovery. Following discussion with Court, parties agreed to submit stipulated protocol for handling of electronically stored information & hard copy discovery documents. Telephonic Status Conference set for 3/28/2024 at 10:00 AM (Eastern Time) to discuss parties' next Supplemental Joint Discovery Status Report due 3/26/2024. (See Order.) Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 03/04/2024)

March 1, 2024

March 1, 2024

PACER
57

ORDER granting 56 Motion to Appear pro hac vice. Attorney Victor D Vital for NATIONAL COLLEGIATE ATHLETIC ASSOCIATION added. Signed by Magistrate Judge Mark J. Dinsmore on 3/4/2024. (SWM) (Entered: 03/04/2024)

March 4, 2024

March 4, 2024

PACER
59

STIPULATION AND [PROPOSED] ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION ("ESI") AND HARD COPY DOCUMENTS, filed by Defendant NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. (Casey, Brian) Modified on 3/6/2024 (AAS). (Entered: 03/04/2024)

March 4, 2024

March 4, 2024

PACER
60

AMENDED MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Court hereby amends its 3/1/2024 Minute Entry for Status and Discovery Conference 58 as set forth. In-Person Status / Discovery Conference held on 3/1/2024. Parties discussed status of discovery. Following discussion with Court, parties agreed to submit stipulated protocol for handling of electronically stored information & hard copy discovery documents. In addition, following discussion with parties, Court sua sponte hereby increases limitation on interrogatories to 75. Telephonic Status Conference set for 3/28/2024 at 10:00 AM (Eastern Time) to discuss parties' next Supplemental Joint Discovery Status Report due 3/26/2024. ( See Order.) Signed by Magistrate Judge Mark J. Dinsmore on 3/5/2024(GD) (Entered: 03/05/2024)

March 5, 2024

March 5, 2024

PACER
61

STIPULATION AND ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION ("ESI") AND HARD COPY DOCUMENTS. Approved and Entered as an Order of the Court. Signed by Magistrate Judge Mark J. Dinsmore on 03/05/2024. (AAS) (Entered: 03/06/2024)

March 5, 2024

March 5, 2024

PACER
62

Joint MOTION to Stay Case Deadlines for 90 Days Pending Mediation, filed by Plaintiff BRENDA MCKINNEY. (Fegan, Elizabeth) (Entered: 03/22/2024)

March 22, 2024

March 22, 2024

PACER
63

REPORT on the Status of Discovery (Joint) by BRENDA MCKINNEY. (Fegan, Elizabeth) (Entered: 03/26/2024)

March 26, 2024

March 26, 2024

PACER
64

NOTICE of Stay Order in Seventh Circuit, filed by Plaintiff BRENDA MCKINNEY, re 62 Joint MOTION to Stay Case Deadlines for 90 Days Pending Mediation. (Attachments: # 1 Exhibit A - Stay of Manassa Appeals) (Fegan, Elizabeth) (Entered: 03/26/2024)

March 26, 2024

March 26, 2024

PACER
65

ORDER - This Order is before the Court on the parties' Joint Motion to Stay Case Deadlines for 90 Days Pending Mediation [Dkt. 62 ]. The parties request that the Court stay all case deadlines for 90 days in this matter to allow the parties to engage in mediation in an attempt to resolve this matter and the companion appeals in Troyce Manassa and J'Ta Freeman v. National Collegiate Athletic Association, and Appeal of: Brenda McKinney, Nos. 24-1371, 24-1372, 24-1373 (7th Cir.). The parties' Joint Motion is hereby GRANTED IN PART and DENIED IN PART. The Court does not find a stay to be either necessary or appropriate; therefore, the parties' request for a 90-day stay of all case deadlines is DENIED. However, the Court will sua sponte enlarge the remaining case management deadlines by approximately 90 days; accordingly, the Court's November 2, 2023 Case Management Order [Dkt. 30 ] is amended as set forth below (see Order for established deadlines). All other requirements of the Case Management Order [Dkt. 30] remain in effect. No further enlargement of the case deadlines is anticipated. The parties' next Supplemental Joint Report on the Status of Discovery remains due on March 26, 2024, and the March 28, 2024 telephonic status conference will proceed as scheduled. [Dkt. 60 ]. Signed by Magistrate Judge Mark J. Dinsmore on 3/26/2024.(SWM) (Entered: 03/27/2024)

March 26, 2024

March 26, 2024

PACER
67

MOTION to Withdraw Attorney Appearance, filed by Plaintiff BRENDA MCKINNEY. (Attachments: # 1 Text of Proposed Order)(Clark, Melissa) (Entered: 03/28/2024)

March 28, 2024

March 28, 2024

PACER
68

ORDER granting 67 Motion to Withdraw Attorney Appearance. Attorney Melissa Ryan Clark withdrawn. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 3/29/2024. (LF) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

PACER
69

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 3/28/2024. Parties discussed status of discovery. Telephonic Status Conference set for 4/25/2024 at 3:00 PM (Eastern Time) to discuss parties' next Supplemental Joint Discovery Status Report due 4/23/2024. (See Order.) Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 04/03/2024)

March 29, 2024

March 29, 2024

PACER
71

REPORT on the Status of Discovery Jointly Filed by NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. (Ezie-Boncoeur, Valerie) (Entered: 04/23/2024)

April 23, 2024

April 23, 2024

PACER
72

MINUTE ORDER The parties appeared by counsel for a Telephonic Status Conference on April 25, 2024. The parties discussed the status of and future plans for discovery, as well as the parties' readiness for their upcoming mediation. This matter will come before the Court for an in person Status and Discovery Conference on May 23, 2024 at 12:00 p.m. (Eastern), in Room 277, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. (See Order for additional information and deadlines). Signed by Magistrate Judge Mark J. Dinsmore. (DLW) (Entered: 04/25/2024)

April 25, 2024

April 25, 2024

PACER
73

MOTION for Leave to File Supplement in Support of its Pending Motion to Dismiss, filed by Defendant NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Casey, Brian) (Entered: 05/09/2024)

May 9, 2024

May 9, 2024

PACER
74

Joint MOTION TO VACATE MAY 23, 2024 IN-PERSON STATUS AND DISCOVERY CONFERENCE OR ALLOW THE PARTIES TO ATTEND BY TELEPHONE, filed by Plaintiff BRENDA MCKINNEY. (Fegan, Elizabeth) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

PACER
75

STATUS REPORT Joint Report on the Status of Discovery by NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. (Casey, Brian) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

PACER
76

ORDER - This matter comes before the Court on the parties' Joint Motion to Vacate May 23, 2024 In-Person Status and Discovery Conference or Allow the Parties to Attend by Telephone. [Dkt. 74 .] That motion is GRANTED IN PART to the extent that the May 23, 2024 status and discovery conference is converted from in person to telephonic at the same date and time. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. During the conference, counsel should be prepared to articulate their plan for completing the remaining discovery in this case within the current case deadlines. Signed by Magistrate Judge Mark J. Dinsmore on 5/21/2024. (JSR) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

PACER
78

Order on Motion for Leave to File

May 28, 2024

May 28, 2024

PACER
79

Discovery Conference AND Status Conference AND ~Util - Set Hearings

May 28, 2024

May 28, 2024

PACER
80

Brief/Memorandum in Support

May 29, 2024

May 29, 2024

PACER
82

SCHEDULING Order

June 17, 2024

June 17, 2024

PACER
83

Status Report

June 18, 2024

June 18, 2024

PACER
84

Discovery Conference AND Status Conference

June 20, 2024

June 20, 2024

PACER
85

Certify Class

July 1, 2024

July 1, 2024

PACER
86

Extension of Time (Other)

July 1, 2024

July 1, 2024

PACER
87

Brief/Memorandum in Support

July 1, 2024

July 1, 2024

PACER
88

Exhibit in Support

July 1, 2024

July 1, 2024

PACER
89

Order on Motion for Extension of Time to File

July 3, 2024

July 3, 2024

PACER
90

Leave to File

July 12, 2024

July 12, 2024

PACER
91

Discovery

July 15, 2024

July 15, 2024

PACER
92

Reassignment Order

July 16, 2024

July 16, 2024

PACER
93

Reassignment Letter (Recusal/Related Case/Workload/Other)

July 16, 2024

July 16, 2024

PACER

Reassignment Order

July 16, 2024

July 16, 2024

PACER
94

Settlement Conference AND ~Util - Set Hearings

July 17, 2024

July 17, 2024

PACER
95

Order on Motion for Leave to File

July 17, 2024

July 17, 2024

PACER
96

Brief/Memorandum in Support

July 19, 2024

July 19, 2024

PACER
97

Response

Aug. 2, 2024

Aug. 2, 2024

PACER
99

Appear pro hac vice

Aug. 6, 2024

Aug. 6, 2024

PACER
100

Order on Motion to Appear pro hac vice

Aug. 7, 2024

Aug. 7, 2024

PACER
101

Reply in Support of Motion

Aug. 9, 2024

Aug. 9, 2024

PACER
102

Strike

Aug. 9, 2024

Aug. 9, 2024

PACER
103

Discovery

Aug. 12, 2024

Aug. 12, 2024

PACER
104

Status Conference AND ~Util - Set Hearings

Aug. 14, 2024

Aug. 14, 2024

PACER
105

File Excess Pages

Aug. 14, 2024

Aug. 14, 2024

PACER
106

Order on Motion for Leave to File Excess Pages

Aug. 15, 2024

Aug. 15, 2024

PACER
107

Response in Opposition to Motion

Aug. 16, 2024

Aug. 16, 2024

PACER
108

Response in Opposition to Motion

Aug. 21, 2024

Aug. 21, 2024

PACER

Case Details