Case: Grabowski v. Arizona Board of Regents

4:19-cv-00460 | U.S. District Court for the District of Arizona

Filed Date: Sept. 16, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This case involves allegations of discrimination based on sexual orientation within college athletics. On September 16, 2019, a student athlete at the University of Arizona filed this lawsuit in the U.S. District Court for the District of Arizona, claiming he was subjected to bullying by his teammates due to their perception that he was gay. Despite informing the university about the harassment, the plaintiff contended that the school failed to take any action. Further, the plaintiff was subseq…

This case involves allegations of discrimination based on sexual orientation within college athletics. On September 16, 2019, a student athlete at the University of Arizona filed this lawsuit in the U.S. District Court for the District of Arizona, claiming he was subjected to bullying by his teammates due to their perception that he was gay. Despite informing the university about the harassment, the plaintiff contended that the school failed to take any action. Further, the plaintiff was subsequently kicked off the team and lost his athletic scholarship. In this lawsuit, the complaint alleged that the University's actions violated Title IX's prohibition on sex discrimination. The plaintiff also brought claims under 42 U.S.C. § 1983, alleging that the termination of his scholarship was a denial of his Fourteenth Amendment due process rights. Represented by private counsel, the plaintiff sought compensatory and punitive damages, as well as attorney’s fees. District Judge Scott H. Rash was assigned to the case. 

According to the complaint, the plaintiff experienced immediate bullying upon his arrival at the University of Arizona for his freshman year. Members of the track and cross-country teams, as well as staff in the University Athletic Department, allegedly targeted him. The plaintiff also claimed that another student posted a harassing, homophobic, obscene video about him in the team’s public chat group. After reporting harassment to the coaches, the plaintiff was kicked off the team and lost his athletic scholarship. The complaint stated that the coaches informed the plaintiff that he did not “fit in” with the team, and accused him of involvement in several incidents, despite no record of any reporting of said incidents. 

On August 17, 2021, the district court found that the plaintiff failed to state a claim for sexual harassment under Title IX because the allegations did not meet the statue’s requirement of discrimination “on the basis of sex,” and the allegations did not constitute "severe and pervasive sexual harassment." In addition, the district court ruled that the University coaches were protected by qualified immunity as state officials, and so were shielded from money damages under 42 U.S.C. § 1983. The plaintiff was also barred from amending the complaint any more times. Thus, the plaintiff’s claims were mostly dismissed, with the exception of the Title IX retaliation claim. 2021 WL 11486995.

On April 15, 2022, the district court granted the defendant’s motion for judgment on the pleadings on the retaliation claim, dismissing the case with prejudice. The court found that the aggrieved action was not severe enough to have created “an abusive educational environment actionable under Title IX.” 2022 WL 1128936.

The plaintiff appealed the decisions to the Ninth Circuit. On June 13, 2023, the appellate court held that Title IX bars sexual harassment on the basis of perceived sexual orientation. Referencing the Supreme Court’s decision in Bostock v. Clayton County, which recognized discrimination based on sexual orientation as a form of sex-based discrimination under Title VII, the Ninth Circuit held that such discrimination is actionable under Title IX as well. 69 F.4th 1110.

Still, the appellate court found that the plaintiff did not adequately state a loss of educational opportunity, a requirement of a Title IX student-on-student harassment claim. Therefore, the Ninth Circuit upheld the dismissal of the harassment claim but held that the plaintiff could amend his complaint, so it remanded the case to the district court. The Ninth Circuit also reversed the district court's dismissal of the retaliation claim. Finally, the Ninth Circuit affirmed the dismissal of the § 1983 claims based on qualified immunity. 

On January 18, 2024, the plaintiff filed an amended complaint, arguing that the University’s failure to address the bullying indicated a policy of indifference to his rights in violation of Title IX. The defendant moved for summary judgment on June 21, 2024. This case is ongoing as of March 4, 2025. 

Summary Authors

Isabel Bysiewicz (3/4/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16203897/parties/grabowski-v-arizona-board-of-regents/


Judge(s)

Soto, James Alan (Arizona)

Attorney for Plaintiff

Grabowski, Michael (Arizona)

Walker, William G (Arizona)

Attorney for Defendant

Davila, Hunter (Arizona)

Waterkotte, Patricia V (Arizona)

show all people

Documents in the Clearinghouse

Document
1

4:19-cv-00460

Complaint

Sept. 16, 2019

Sept. 16, 2019

Complaint
31

4:19-cv-00460

Order

Aug. 17, 2021

Aug. 17, 2021

Order/Opinion

2021 WL 11486995

37

4:19-cv-00460

Order Granting Motion for Stay and Vacating Scheduling Conference

Nov. 3, 2021

Nov. 3, 2021

Order/Opinion
40

4:19-cv-00460

Order Re: Motion for Judgment on the Pleadings

April 15, 2022

April 15, 2022

Order/Opinion

2022 WL 1128936

46

22-15714

Opinion

U.S. Court of Appeals for the Ninth Circuit

June 13, 2023

June 13, 2023

Order/Opinion

69 F.4th 1110

52

4:19-cv-00460

Plaintiff's Fourth Amended Complaint

Jan. 18, 2024

Jan. 18, 2024

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16203897/grabowski-v-arizona-board-of-regents/

Last updated Aug. 5, 2025, 3:41 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17401864 filed by Michael Grabowski. (Walker, William) (Attachments: # 1 Civil Cover Sheet)(MCO) (Entered: 09/16/2019)

1 Civil Cover Sheet

View on PACER

Sept. 16, 2019

Sept. 16, 2019

Clearinghouse

Notice of Deficiency (Text Only)

Sept. 16, 2019

Sept. 16, 2019

PACER
2

Filing fee paid, receipt number 0970-17401864. This case has been assigned to the Honorable James A Soto. All future pleadings or documents should bear the correct case number: CV-19-460-TUC-JAS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

RECAP
3

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MCO) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
4

NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Michael Grabowski. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MCO) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
5

Additional Attachments to Main Document re: 1 Complaint by Plaintiff Michael Grabowski. (Attachments: # 1 Civil Cover Sheet)(Walker, William) (Entered: 09/17/2019)

Sept. 17, 2019

Sept. 17, 2019

PACER
6

INFORMATIONAL ORDER re Communication with the Court, Dispositive Motions, Proposed Orders, Paper Copies, Exhibits, Authority Binders, and Emailing Documents. Signed by Judge James A Soto on 10/4/2019. (BAR) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
7

AMENDED COMPLAINT against All Defendants filed by Michael Grabowski.(Walker, William) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER
8

SUMMONS Submitted by Michael Grabowski. (Attachments: # 1 Summons University of Arizona, # 2 Summons Barnes, Erika, # 3 Summons Crawford, Benjamin, # 4 Summons Davila, Hunter, # 5 Summons Francis, James, # 6 Summons Harvey, Fred, # 7 Summons Heeke, David, # 8 Summons Li, James, # 9 Summons Peterson, Hanna, # 10 Summons Villarreal, Carlos)(Walker, William) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
9

Summons Issued as to Arizona Board of Regents, Andrew Barnes, Erika Kim Hanson Barnes, Benjamin James Crawford, Hunter Davila, James L Frances, Tammy Frances, Frederick Lee Harvey, Janet Harvey, David Wood Heeke, Elizabeth Pangborn Heeke, James L Li, Hannah Vivian Peterson, University of Arizona, Carlos Villarreal, Jean Wang. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(LML). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 11/19/2019)

Nov. 19, 2019

Nov. 19, 2019

PACER
10

SERVICE EXECUTED filed by Michael Grabowski: Acceptance of Service re: Complaint (Amended) upon Az. Board of Regents, University of Arizona, James Francis, Fred Harvey, Hanna Peterson, James Li, Erika Barnes, David Heeke, Benjamin Crawford on 12/20/2019. (Attachments: # 1 Supplement Acceptance of Service, # 2 Supplement Acceptance of Service, # 3 Supplement Acceptance of Service, # 4 Supplement Acceptance of Service, # 5 Supplement Acceptance of Service, # 6 Supplement Acceptance of Service, # 7 Supplement Acceptance of Service, # 8 Supplement Acceptance of Service)(Walker, William) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER
11

SERVICE EXECUTED filed by Michael Grabowski: Proof of Service re: Complaint upon Carlos Villarreal on 12/20/2019. (Walker, William) (Entered: 12/27/2019)

Dec. 27, 2019

Dec. 27, 2019

PACER
12

SERVICE EXECUTED filed by Michael Grabowski: Acceptance of Service re: Summons and Complaint upon Hunter Davila on January 15, 2020. (Walker, William) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
13

APPLICATION for Entry of Default by Plaintiff Michael Grabowski against Carlos Villarreal. (Attachments: # 1 Affidavit Declaration of William G. Walker, # 2 Text of Proposed Order Clerk's Entry of Default)(Walker, William) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
14

Clerk's ENTRY OF DEFAULT as to Carlos Villarreal- Pursuant to Rule 55(a) of the Federal Rules of Civil Procedure and upon application by the Plaintiff, default is hereby entered against Defendant Carlos Villarreal. (ARC) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

PACER
15

STIPULATION To Allow Filing of Plaintiff's Second Amended Complaint by Michael Grabowski. (Attachments: # 1 Text of Proposed Order Order)(Walker, William) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
16

AMENDED COMPLAINT Second Amended Complaint against All Defendants filed by Michael Grabowski.(Walker, William) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
18

REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by Hunter Davila. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (ARC) (Entered: 03/10/2020)

March 9, 2020

March 9, 2020

PACER
17

ORDERED allowing the filing of Plaintiff's Second Amended Complaint. The Second Amended Complaint will be deemed filed on Thursday, March 5, 2020. Signed by Judge James A Soto on 3/10/2020. (ARC) (Entered: 03/10/2020)

March 10, 2020

March 10, 2020

PACER
19

STIPULATION re: 16 Amended Complaint Dismissal of All Claims Against Defendant Hunter Davila With Prejudice by Michael Grabowski. (Attachments: # 1 Text of Proposed Order Order to Dismiss All Claims Against Defendant Hunter Davila With Prejudice)(Walker, William) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
20

ORDER pursuant to 19 Stipulation: It is therefore ORDERED that all claims against pro se Defendant Hunter Davila are hereby dismissed with prejudice and that each party shall bear its own attorney's fees and costs. Signed by Judge James A Soto on 4/8/2020. (ARC) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
21

NOTICE of Filing - Proposed Pretrial Order filed by Michael Grabowski Dismissal of Default Judgment against Defendant Carlos Villarreal ONLY (Attachments: # 1 Text of Proposed Order Order of Dismissal of Default - Carlos Villarreal ONLY)(Walker, William) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
22

ORDER of Dismissal of Default Judgment Against Defendant Carlos Villarreal Only. It is hereby ORDERED that the default judgment entered against Defendant Carlos Villarreal only is dismissed. Signed by Judge James A Soto on 7/7/2020. (DLC) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
23

*STIPULATION For Extension of Time to Answer Complaint and to Allow Filing of Plaintiff's Third Amended Complaint re: 16 Second Amended Complaint by Michael Grabowski. (Attachments: # 1 Exhibit Third Amended Complaint - Redline, # 2 Text of Proposed Order Order to Allow Filing of Third Amended Complaint and for Extension of Time to Answer)(Walker, William) *Modified to correct event type and to correct reference to related document on 7/14/2020 (MFR). (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
24

LODGED Proposed Third AMENDED COMPLAINT re: 23 Stipulation. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Michael Grabowski.(Walker, William) *Modified to correct event type and to correct reference to related document on 7/14/2020 (MFR). (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
26

Third AMENDED COMPLAINT against Arizona Board of Regents, University of Arizona, Frederick Lee Harvey, Janet Harvey, James L Li, and Jean Wang filed by Michael Grabowski. (Walker, William) (MYE) (Entered: 07/20/2020)

July 13, 2020

July 13, 2020

RECAP

Remark (Public)

July 15, 2020

July 15, 2020

PACER

Due to the appointment of a new District Judge in the Tucson Division, this case is hereby reassigned by the Clerk to the Honorable District Judge Scott H. Rash. All future filings shall reflect the following case number CV 19-460-SHR.

July 15, 2020

July 15, 2020

PACER

Remark (Public)

July 15, 2020

July 15, 2020

PACER
25

ORDER pursuant to the parties 23 Stipulation that the Plaintiff shall be allowed to file his Third Amended Complaint and that Defendants shall have 30 days from the filing of the Complaint to file their responsive pleading. The Third Amended Complaint will be deemed filed on Monday, July 13, 2020. Signed by Judge Scott H Rash on 7/20/20. (MYE) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
27

*MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss Plaintiff's Third Amended Complaint) by Arizona Board of Regents, Frederick Lee Harvey, Janet Harvey, James L Li, University of Arizona, Jean Wang. (Waterkotte, Patricia) *Modified to correct motion type on 8/17/2020 (MFR). (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
28

RESPONSE in Opposition re: 27 MOTION to Dismiss for Failure to State a Claim filed by Michael Grabowski. (Attachments: # 1 Exhibit Notice of Claim)(Walker, William) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
29

REPLY to Response to Motion re: 27 MOTION to Dismiss for Failure to State a Claim filed by Arizona Board of Regents, Frederick Lee Harvey, Janet Harvey, James L Li, University of Arizona, Jean Wang. (Waterkotte, Patricia) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
30

NOTICE OF ATTORNEY'S CHANGE OF EMAIL ADDRESS by William G Walker. (Walker, William) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER
31

ORDERED Defendant's Motion to Dismiss (Doc. 27 ) is GRANTED IN PART AND DENIED IN PART. It is ordered Count I of Plaintiff's Third Amended Complaint as it pertains to a Title IX claim for sexual harassment is DISMISSED. It is further ordered Count II of Plaintiff's Third Amended Complaint is DISMISSED. Defendants Harvey and Li are, therefore, DISMISSED from this action. It is further ordered Count III of Plaintiff's Third Amended Complaint is DISMISSED. It is further ordered Defendant's Motion to Dismiss (Doc. 27 ) as it pertains to Plaintiff's Title IX claim for retaliation is DENIED. Plaintiff may proceed on the Title IX retaliation claim encompassed in Count I against Defendants Arizona Board of Regents and University of Arizona. Signed by Judge Scott H Rash on 8/17/2021. (ARC) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

Clearinghouse
32

University Defendants' ANSWER to 26 Amended Complaint by Arizona Board of Regents, University of Arizona.(Waterkotte, Patricia) (Entered: 10/01/2021)

Oct. 1, 2021

Oct. 1, 2021

PACER
33

ORDER Setting Scheduling Conference: It is ordered setting a telephonic Pretrial Case Management Conference for Friday, November 19, 2021 at 10:00am, before the law clerk to the Honorable Scott H. Rash. The parties are directed to meet and confer at least twenty-one (21) days before the Case Management Conference. At this meeting, the parties shall develop a Joint Case Management Report. The parties shall file a Joint Case Management Report with the Court no later than seven (7) days prior to the Case Management Conference. Signed by Judge Scott H Rash on 10/4/2021. (See Order for complete details)(ARC) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER
34

MOTION for Judgment on the Pleadings on Retaliation by Arizona Board of Regents, University of Arizona. (Waterkotte, Patricia) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER
35

MOTION to Stay Pending Ruling on the Motion for Judgment on the Pleadings by Arizona Board of Regents, University of Arizona. (Attachments: # 1 Proposed Order Order Granting Motion to Stay)(Waterkotte, Patricia) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
36

RESPONSE in Opposition re: 35 MOTION to Stay Pending Ruling on the Motion for Judgment on the Pleadings filed by Michael Grabowski. (Walker, William) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

PACER
37

ORDER Granting Motion for Stay and Vacating Scheduling Conference. Defendants' Motion to Stay Pending Ruling on the Motion for Judgment on the Pleadings (Doc. 35 ) is GRANTED. The proceedings in this case are stayed until the Court resolves Defendants' pending Motion for Judgment on the Pleadings. (Doc. 34 ). The telephonic Rule 16 Scheduling Conference currently set for Friday, November 19, 2021 is VACATED. Signed by Judge Scott H Rash on 11/03/2021. (See attached Order for complete information.)(SCA) (Entered: 11/03/2021)

Nov. 3, 2021

Nov. 3, 2021

Clearinghouse
38

RESPONSE in Opposition re: 34 MOTION for Judgment on the Pleadings on Retaliation filed by Michael Grabowski. (Walker, William) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER
39

REPLY to Response to Motion re: 34 MOTION for Judgment on the Pleadings on Retaliation filed by Arizona Board of Regents, University of Arizona. (Waterkotte, Patricia) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

PACER
40

ORDERED: The University Defendant's Motion for Judgment on the Pleadings (Doc. 34 ) is GRANTED and this case is dismissed with prejudice. The Clerk of Court shall enter judgment in favor of University Defendants and close this case. Signed by Judge Scott H Rash on 4/13/2022. (ARC) (Entered: 04/15/2022)

April 15, 2022

April 15, 2022

Clearinghouse
41

CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed April 15, 2022, judgment is entered in favor of University Defendants and against plaintiff. Plaintiff to take nothing, and the complaint and action are dismissed with prejudice. (ARC) (Entered: 04/15/2022)

April 15, 2022

April 15, 2022

PACER
42

NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 41 Clerks Judgment, by Michael Grabowski. Filing fee received: $ 505.00, receipt number AAZDC-20645769. (Walker, William) (Entered: 05/10/2022)

May 10, 2022

May 10, 2022

PACER
43

USCA Case Number re: 42 Notice of Appeal. Case number 22-15714, Ninth Circuit. (BAC) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

RECAP
45

MANDATE of USCA re: 42 Notice of Appeal filed by Michael Grabowski. AFFIRMED in part, VACATED in part, REVERSED in part, and REMANDED for further proceedings. Each party shall bear its own costs on appeal. (Attachments: # 1 Opinion)(BAC) (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

RECAP
46

*MOTION Approve Filing of Fourth Amended Complaint re: 45 USCA Mandate by Michael Grabowski. (Attachments: # 1 Exhibit Exhibit 1 - Opinion of 9th Circuit, # 2 Exhibit Exhibit 2 - Proposed 4th Amended Complaint, # 3 Proposed Order Exhibit 3)(Walker, William) *Modified to correct motion type on 10/26/2023 (ARC). (Entered: 10/26/2023)

Oct. 26, 2023

Oct. 26, 2023

PACER
47

STIPULATION re: 46 MOTION to Amend/Correct to Extend Time for Defendants to Respond to Plaintiff's Motion to Approve Filing of Fourth Amended Complaint by Arizona Board of Regents, University of Arizona. (Attachments: # 1 Proposed Order Granting Stipulation)(Waterkotte, Patricia) (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

PACER
48

ORDER granting 47 the Stipulation. It is further ordered Defendants shall file their Response by Monday, November 27, 2023. Signed by Judge Scott H Rash on 11/6/2023. (ARC) (Entered: 11/06/2023)

Nov. 6, 2023

Nov. 6, 2023

PACER
49

RESPONSE in Opposition re: 46 MOTION to Amend/Correct to Plaintiff's Motion to Approve Filing of Fourth Amended Complaint filed by Arizona Board of Regents, University of Arizona. (Attachments: # 1 Exhibit Exhibit A & B to Opposition)(Waterkotte, Patricia) (Entered: 11/27/2023)

Nov. 27, 2023

Nov. 27, 2023

PACER
50

REPLY to Response to Motion re: 46 MOTION to Amend/Correct File 4th Amended Complaint filed by Michael Grabowski. (Attachments: # 1 Affidavit Affidavit of Michael Grabowski)(Walker, William) (Entered: 12/15/2023)

Dec. 15, 2023

Dec. 15, 2023

PACER
51

ORDER granting 46 Plaintiff's Motion to Approve Filing of Fourth AmendedComplaint. Plaintiff must file and serve the Fourth Amended Complaint on or before January 25, 2024. Signed by Judge Scott H Rash on 1/11/2024. (ARC) (Entered: 01/12/2024)

Jan. 12, 2024

Jan. 12, 2024

RECAP
52

AMENDED COMPLAINT against Az. Board of Regents and against University of Arizona filed by Michael Grabowski.(Walker, William) (Entered: 01/18/2024)

Jan. 18, 2024

Jan. 18, 2024

Clearinghouse
53

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: 52 Amended Complaint by Arizona Board of Regents, University of Arizona. (Attachments: # 1 Proposed Order Proposed Order Granting Stipulation)(Waterkotte, Patricia) (Entered: 02/01/2024)

Feb. 1, 2024

Feb. 1, 2024

PACER
54

ORDER granting 53 Stipulation For Extension of Time To Answer Complaint. It is further ordered Defendants shall file their Answer by Thursday, February 8, 2024. Signed by Judge Scott H Rash on 2/2/2024. (ARC) (Entered: 02/02/2024)

Feb. 2, 2024

Feb. 2, 2024

PACER
55

University Defendants' ANSWER to 52 Amended Complaint by Arizona Board of Regents, University of Arizona.(Waterkotte, Patricia) (Entered: 02/08/2024)

Feb. 8, 2024

Feb. 8, 2024

PACER
56

ORDERED setting a telephonic Scheduling Conference for Friday, March 15, 2024 at 10:00 a.m., before the law clerk to the Honorable Scott H. Rash. The parties are directed to meet and confer at least twenty-one (21) days before the Scheduling Conference. The parties shall file a Joint Case Management Report with the Court no later than seven (7) days prior to the Scheduling Conference. Signed by Judge Scott H Rash on 2/12/2024. (See Order for complete details)(ARC) (Entered: 02/12/2024)

Feb. 12, 2024

Feb. 12, 2024

PACER
57

STIPULATION re: 56 Order,, Set/Reset Hearings, Extend Time to File Joint Report by Michael Grabowski. (Attachments: # 1 Proposed Order Proposed Order)(Walker, William) (Entered: 03/06/2024)

March 6, 2024

March 6, 2024

PACER
58

ORDER granting 57 Stipulation. It is further ordered the Joint Report shall be filed on March 15, 2024. It is further ordered the Scheduling Conference set for March 15, 2024 is VACATED and RESET for March 22, 2024 at 10:00 a.m. The parties shall file all other instructions in the February 12, 2024 56 Order Setting Scheduling Conference. Signed by Judge Scott H Rash on 3/8/2024. (ARC) (Entered: 03/08/2024)

March 8, 2024

March 8, 2024

PACER
59

REPORT of Parties Rule 26(f) and MIDD Disclosure by Plaintiff Michael Grabowski. (Walker, William) (Entered: 03/19/2024)

March 19, 2024

March 19, 2024

PACER
60

NOTICE of Errata re: 59 Report - Other by Plaintiff Michael Grabowski.. (Attachments: # 1 Attachment Proof of prior filing)(Walker, William) (Entered: 03/19/2024)

March 19, 2024

March 19, 2024

PACER
61

SCHEDULING ORDER: Counsel shall submit to the Court a brief Joint Settlement Status Report on or before Friday, June 14, 2024, and every 90 days thereafter. All discovery, including final supplementation of discovery responses, answers to interrogatories, production of documents, depositions, and requests for admission, must be completed by Friday, March 14, 2025. Dispositive motions shall be filed on or before Thursday, May 15, 2025. Counsel shall file a proposed Joint Proposed Pretrial Order ("JPPTO") 30 days from the filing date of the Court's order on the dispositive motions. Signed by Judge Scott H Rash on 3/25/2024. (See Order for complete details)(ARC) (Entered: 03/26/2024)

March 26, 2024

March 26, 2024

PACER
62

NOTICE of Service of Discovery filed by Arizona Board of Regents, University of Arizona. (Waterkotte, Patricia) (Entered: 04/12/2024)

April 12, 2024

April 12, 2024

PACER
63

NOTICE of Service of Discovery filed by Michael Grabowski. (Walker, William) (Entered: 04/17/2024)

April 17, 2024

April 17, 2024

PACER
64

NOTICE of Service of Discovery filed by Michael Grabowski. (Walker, William) (Entered: 05/20/2024)

May 20, 2024

May 20, 2024

PACER
65

NOTICE of Errata re: 64 Notice of Service of Discovery Response to Non-Uniform Interrogatory No. 4 by Plaintiff Michael Grabowski.. (Walker, William) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

PACER
66

STIPULATION to Extend Time for Defendants to File Their Motion for Partial Summary Judgment by Arizona Board of Regents, University of Arizona. (Attachments: # 1 Proposed Order Granting Stipulation to Extend Time for Defendants to file Their Motion for Summary Judgment)(Waterkotte, Patricia) (Entered: 06/11/2024)

June 11, 2024

June 11, 2024

PACER
67

ORDERED the 66 Stipulation is GRANTED. It is further ordered Defendants shall file their Motion for Partial Summary Judgment by Friday, June 21, 2024. Signed by Judge Scott H Rash on 6/11/2024. (ARC) (Entered: 06/11/2024)

June 11, 2024

June 11, 2024

PACER
68

*DECLARATION of Status Update- Re:Settlement . filed by Michael Grabowski, Michael Grabowski. (Walker, William) *Modified to correct event type on 6/20/2024 (ARC). (Entered: 06/14/2024)

June 14, 2024

June 14, 2024

PACER
69

MOTION for Summary Judgment by Arizona Board of Regents, University of Arizona. (Waterkotte, Patricia) (Entered: 06/21/2024)

June 21, 2024

June 21, 2024

PACER
70

STATEMENT OF FACTS re: 69 MOTION for Summary Judgment by Defendants Arizona Board of Regents, University of Arizona. (Attachments: # 1 Exhibit 1 -6 to Statement of Facts)(Waterkotte, Patricia) (Entered: 06/21/2024)

June 21, 2024

June 21, 2024

PACER
71

NOTICE of Service of Discovery filed by Arizona Board of Regents, University of Arizona. (Waterkotte, Patricia) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
72

NOTICE of Service of Discovery filed by Arizona Board of Regents, University of Arizona. (Waterkotte, Patricia) (Entered: 06/27/2024)

June 27, 2024

June 27, 2024

PACER
73

MOTION For Summary Disposition on the UA's Motion for Partial Summary Judgment re: 69 MOTION for Summary Judgment by Arizona Board of Regents, University of Arizona. (Waterkotte, Patricia) (Entered: 08/02/2024)

Aug. 2, 2024

Aug. 2, 2024

PACER
74

First MOTION for Extension of Time to File Response/Reply Defendant's Motion for Summary Judgment by Michael Grabowski(a single man). (Walker, William) (Entered: 08/05/2024)

Aug. 5, 2024

Aug. 5, 2024

PACER
75

ORDERED the 74 Motion is GRANTED. Plaintiff shall have up to and including Friday, August 9, 2024, to file an opposition. Signed by Judge Scott H Rash on 8/5/2024. (ARC) (Entered: 08/06/2024)

Aug. 6, 2024

Aug. 6, 2024

PACER
76

*RESPONSE Opposition to Defendants Motion for Partial Summary Judgement by Plaintiff Michael Grabowski. (Attachments: # 1 Attachment Index, # 2 Exhibit 1-7)(Walker, William) *Modified to correct event type to Response to Motion for Partial Summary Judgment and add linkage to doc. 69 on 8/13/2024 (MCO). M (Entered: 08/11/2024)

Aug. 11, 2024

Aug. 11, 2024

PACER
77

STATEMENT OF FACTS re: 76 Response to Statement of facts in Support of Defendants Motion for Partial Summary Judgement/Plaintiff's Separate Statement of Facts by Plaintiff Michael Grabowski. (Walker, William) (Entered: 08/11/2024)

Aug. 11, 2024

Aug. 11, 2024

PACER
78

STIPULATION to Extend Time for the UA to File Reply in Support of re: 69 MOTION for Summary Judgment by Arizona Board of Regents, University of Arizona. (Attachments: # 1 Proposed Order Granting Stipulation to Extend Time for the UA to File Reply In Support of Motion for Partial Summary Judgment)(Waterkotte, Patricia) (Entered: 08/21/2024)

Aug. 21, 2024

Aug. 21, 2024

PACER
79

ORDERED the 78 Stipulation is APPROVED. Defendants shall have up to and including Monday, September 9, 2024, to file their Reply in Support of Motion for Partial Summary Judgment. Signed by Judge Scott H Rash on 8/22/2024. (ARC) (Entered: 08/22/2024)

Aug. 22, 2024

Aug. 22, 2024

PACER
80

REPLY to Response to Motion re: 69 MOTION for Summary Judgment on Plaintiff's Discrimination Claim filed by Arizona Board of Regents, University of Arizona. (Waterkotte, Patricia) (Entered: 09/09/2024)

Sept. 9, 2024

Sept. 9, 2024

PACER
81

MOTION for Leave to File Excess Pages for Reply in Support of Motion for Partial Summary Judgment on Plaintiff's Discrimination Claim re: 80 Reply to Response to Motion by Arizona Board of Regents, University of Arizona. (Attachments: # 1 Proposed Order Proposed Order Granting UA's Unopposed Motion to Exceed Page Limit)(Waterkotte, Patricia) (Entered: 09/09/2024)

Sept. 9, 2024

Sept. 9, 2024

PACER
82

ORDER granting 81 Motion for Leave to File Excess Pages. Defendants are allowed three (3) extra pages for their Reply. Therefore, the Court accepts Defendants' 14-page Reply (Doc. 80 ). Signed by Judge Scott H Rash on 9/10/2024. (ARC) (Entered: 09/10/2024)

Sept. 10, 2024

Sept. 10, 2024

PACER
83

REPORT of Settlement Talks/Discussions by Arizona Board of Regents, University of Arizona. (Waterkotte, Patricia) (Entered: 09/12/2024)

Sept. 12, 2024

Sept. 12, 2024

PACER
84

*(MOTION) REQUEST re: Request for Scheduling Conference by Plaintiff Michael Grabowski. (Walker, William) *Modified to add motion part on 12/10/2024 (ARC). (Entered: 12/03/2024)

Dec. 3, 2024

Dec. 3, 2024

PACER
85

REPORT of Settlement Talks/Discussions by Arizona Board of Regents, University of Arizona. (Waterkotte, Patricia) (Entered: 12/11/2024)

Dec. 11, 2024

Dec. 11, 2024

PACER
86

STIPULATION to Amend re: 61 Scheduling Order,, by Arizona Board of Regents, University of Arizona. (Attachments: # 1 Proposed Order Granting Stipulation to Amend the Scheduling Order)(Waterkotte, Patricia) (Entered: 01/29/2025)

Jan. 29, 2025

Jan. 29, 2025

PACER
87

ORDER granting 86 Stipulation to Amend Scheduling Order. The Court orders the Scheduling Order (Doc. 61 ) to be modified as follows: Final day to serve discovery requests is August 7, 2025. Final day to file completion of all discovery and final supplementation of discovery responses is September 12, 2025. Final day to file remaining dispositive motions is November 14, 2025. Signed by Judge Scott H Rash on 01/30/2025. (VSB) (Entered: 01/30/2025)

Jan. 30, 2025

Jan. 30, 2025

PACER
88

ORDER: Plaintiff's Motion (Doc. 84 ) Re: Request for Scheduling Conference is DENIED. Signed by Judge Scott H Rash on 02/19/2025. (see attached Order for complete details) (VSB) (Entered: 02/19/2025)

Feb. 19, 2025

Feb. 19, 2025

PACER
89

Report - Status

March 11, 2025

March 11, 2025

PACER
90

Order on Motion for Miscellaneous Relief AND Order on Motion for Summary Judgment

March 28, 2025

March 28, 2025

PACER
91

Judgment on the Pleadings

May 13, 2025

May 13, 2025

PACER
92

Stay

May 13, 2025

May 13, 2025

PACER
93

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

May 16, 2025

May 16, 2025

PACER
94

Response in Opposition to Motion

May 23, 2025

May 23, 2025

PACER
95

Extension of Time to File Response/Reply

May 27, 2025

May 27, 2025

PACER
96

Stay

May 29, 2025

May 29, 2025

PACER
97

Order on Motion for Extension of Time to File Response/Reply AND Order on Motion to Stay

May 30, 2025

May 30, 2025

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Education

Key Dates

Filing Date: Sept. 16, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Student athlete at the University of Arizona.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Arizona Board of Regents (Pima), State

Defendant Type(s):

College/University

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Assault/abuse by staff

Education

School/University policies