Case: Niblock v. University of Kentucky

Niblock et al. v. University of Kentucky et al.

COMPLAINT ( Filing fee $400; receipt number 0643-4473467), filed by Meredith Newman, Elizabeth Niblock. (Attachments: # 1 Civil Cover Sheet, # 2 Summons University of Kentucky, # 3 Summons Board of Trustees, # 4 Summons Mitch Barnhart, # 5 Summons Eli Capilouto)(JJ) (Entered: 09/25/2019)

1 Civil Cover Sheet

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2 Summons University of Kentucky

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3 Summons Board of Trustees

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4 Summons Mitch Barnhart

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5 Summons Eli Capilouto

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Summons Issued as to Mitch Barnhart, Board of Trustees, Eli Capilouto, University of Kentucky; Summons issued and returned to counsel electronically (Attachments: # 1 Summons Board of Trustees, # 2 Summons Mitch Barnhart, # 3 Summons Eli Capilouto)(JJ) (Entered: 09/25/2019)

MOTION for Beatriz Mate-Kodjo to Appear Pro Hac Vice by Meredith Newman, Elizabeth Niblock ( Filing fee $125; receipt number 0643-4473836) (Attachments: # 1 Exhibit Certificate in Good Standing - Beatriz Mate-Kodjo, # 2 Proposed Order)(Bonar, Barbara) (Entered: 09/25/2019)

MOTION for Jill M. Zwagerman to Appear Pro Hac Vice by Meredith Newman, Elizabeth Niblock ( Filing fee $125; receipt number 0643-4473851) (Attachments: # 1 Exhibit Certificate in Good Standing - Jill M. Zwagerman, # 2 Proposed Order)(Bonar, Barbara) (Entered: 09/25/2019)

MOTION for Lori Bullock to Appear Pro Hac Vice by Meredith Newman, Elizabeth Niblock ( Filing fee $125; receipt number 0643-4473865) (Attachments: # 1 Exhibit Certificate in Good Standing - Lori Bullock, # 2 Proposed Order)(Bonar, Barbara) (Entered: 09/25/2019)

Conflict Check run. (JJ)

Conflict Check

Motion Submitted

BAR STATUS Check completed as to Lori Bullock, Jill Zwagerman, Beatriz Mate-Kodjo re 5 MOTION for Jill M. Zwagerman to Appear Pro Hac Vice by Meredith Newman, Elizabeth Niblock ( Filing fee $125; receipt number 0643-4473851), 6 MOTION for Lori Bullock to Appear Pro Hac Vice by Meredith Newman, Elizabeth Niblock ( Filing fee $125; receipt number 0643-4473865), 4 MOTION for Beatriz Mate-Kodjo to Appear Pro Hac Vice by Meredith Newman, Elizabeth Niblock ( Filing fee $125; receipt number 0643-4473836). (KJR)

Bar Status Check completed

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re 5 MOTION for Jill M. Zwagerman to Appear Pro Hac Vice by Meredith Newman, Elizabeth Niblock ( Filing fee $125; receipt number 0643-4473851), 4 MOTION for Beatriz Mate-Kodjo to Appear Pro Hac Vice by Meredith Newman, Elizabeth Niblock ( Filing fee $125; receipt number 0643-4473836), 6 MOTION for Lori Bullock to Appear Pro Hac Vice by Meredith Newman, Elizabeth Niblock ( Filing fee $125; receipt number 0643-4473865) (KJR)

ORDER: granting 4 Motion to Appear Pro Hac Vice for Beatriz Mate-Kodjo; granting 5 Motion to Appear Pro Hac Vice for Jill M. Zwagerman; granting 6 Motion to Appear Pro Hac Vice for Lori Bullock for plaintiff. Signed by Judge Karen K. Caldwell on 9/27/19. (JLM)cc: COR via U.S. mail w/ecf registration forms. Modified text on 9/27/2019 (KJR). (Entered: 09/27/2019)

AMENDED COMPLAINT against All Defendants, filed by Elizabeth Niblock.(Zwagerman, Jill) (Entered: 10/11/2019)

WAIVER OF SERVICE Returned Executed by Elizabeth Niblock. All Defendants. (Zwagerman, Jill) (Entered: 10/14/2019)

MOTION for Leave to File Excess Pages by Mitch Barnhart, Board of Trustees, Eli Capilouto, University of Kentucky (Attachments: # 1 Proposed Order)(Beauman, Bryan) (Entered: 12/13/2019)

MOTION to Dismiss for failure to state a claim by Mitch Barnhart, Board of Trustees, Eli Capilouto, University of Kentucky (Attachments: # 1 Exhibit 1. 1979 Interpretation, # 2 Exhibit 2. 2005 Reinterpretation, # 3 Exhibit 3. 2010 Reinterpretation, # 4 Exhibit 4. 1996 Reinterpretation, # 5 Exhibit 5. Survey Methodology with Affidavit, # 6 Exhibit 6. Survey Results with Affidavit, # 7 Exhibit 7. Athletics Financial Aid, # 8 Proposed Order)(Beauman, Bryan) (Entered: 12/13/2019)

FRCP 7.1 DISCLOSURE STATEMENT by Mitch Barnhart, Board of Trustees, Eli Capilouto, University of Kentucky. (Beauman, Bryan) (Entered: 12/13/2019)

Motion Submitted

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re 10 MOTION for Leave to File Excess Pages by Mitch Barnhart, Board of Trustees, Eli Capilouto, University of Kentucky (KJR)

Proposed Agreed Order for Extension of Time to Respond to Motion to Dismiss by Meredith Newman, Elizabeth Niblock, University of Kentucky, Eli Capilouto, Board of Trustees, Mitch Barnhart. (Bullock, Lori) Modified text on 1/3/2020 (KJR). (Entered: 01/02/2020)

AGREED ORDER: By agreement of the parties, Plas shall have up to and including 01/10/2020 to respond to Dft's 11 MOTION to Dismiss. Signed by Judge Karen K. Caldwell on 01/03/2020. (MDC) cc: COR (Entered: 01/03/2020)

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: re 13 Proposed Agreed Order for Extension of Time to Respond to Motion to Dismiss by Meredith Newman, Elizabeth Niblock (KJR)

Motion Submitted

MOTION for Leave to File Excess Pages by Elizabeth Niblock (Attachments: # 1 Proposed Order)(Zwagerman, Jill) (Entered: 01/10/2020)

RESPONSE in Opposition re 11 MOTION to Dismiss for failure to state a claim by Mitch Barnhart, Board of Trustees, Eli Capilouto, University of Kentucky filed by Elizabeth Niblock. (Attachments: # 1 Exhibit Galles - Samuels Marquette Law Review, # 2 Exhibit UK EADA Data 2003-2017)(Zwagerman, Jill) (Entered: 01/10/2020)

MOTION to Dismiss by Elizabeth Niblock (Motion to Dismiss Board of Trustees) (Attachments: # 1 Proposed Order)(Zwagerman, Jill) (Entered: 01/10/2020)

1 Proposed Order

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ORDER: IT IS ORDERED: Defendant's 10 Motion for Leave to File Excess Pages is GRANTED. Signed by Judge Karen K. Caldwell on 1/10/2020. (KM)cc: COR (Entered: 01/10/2020)

ORDER GRANTING MOTION TO FILE EXCESS PAGES: It is ORDERED: Plaintiff's 15 Motion for Leave to File Excess Pages is GRANTED. Signed by Judge Karen K. Caldwell on 1/10/2020. (KM)cc: COR (Entered: 01/10/2020)

ORDER: Pla's 17 MOTION to Dismiss is GRANTED. Pla's claims against Dft Board of Trustees are DISMISSED WITHOUT PREJUDICE. Signed by Judge Karen K. Caldwell on Karen C. Caldwell. (MDC) cc: COR (Entered: 01/23/2020)

INCORRECTLY FILED - SEE DE 22 FOR THE CORRECT FILING OF THIS DOCUMENT - RESPONSE in Support re 11 MOTION to Dismiss for failure to state a claim by Mitch Barnhart, Board of Trustees, Eli Capilouto, University of Kentucky filed by Mitch Barnhart, Board of Trustees, Eli Capilouto, University of Kentucky. (Beauman, Bryan) Modified text on 1/24/2020 (KJR). Modified on 1/27/2020 (STC). (Entered: 01/24/2020)

REPLY to Response to Motion re 11 MOTION to Dismiss for failure to state a claim by Mitch Barnhart, Board of Trustees, Eli Capilouto, University of Kentucky filed by Mitch Barnhart, Board of Trustees, Eli Capilouto, University of Kentucky. (Filed pursuant to QC at DE 21). (KJR) (Entered: 01/24/2020)

Motion Submitted

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re 11 MOTION to Dismiss for failure to state a claim by Mitch Barnhart, Board of Trustees, Eli Capilouto, University of Kentucky (KJR)

MOTION to Withdraw as Attorney by Elizabeth Niblock for Beatriz Mate-Kodjo (Attachments: # 1 Proposed Order Proposed Order)(Mate-Kodjo, Beatriz) (Entered: 09/21/2020)

ORDER: granting 23 Motion to Withdraw Beatriz Mate-Kodjo as Attorney to Pla Elizabeth Niblock. Signed by Judge Karen K. Caldwell on 09/22/2020. (MDC) cc: COR (Entered: 09/22/2020)

***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re 23 MOTION to Withdraw as Attorney by Elizabeth Niblock for Beatriz Mate-Kodjo (MDC)

Motion Submitted

OPINION & ORDER: The Court hereby ORDERS that the Dfts' 11 MOTION to Dismiss is GRANTED in part and DENIED in part as follows: 1) the motion is GRANTED as to Niblock's Equal Protection claim under 42 U.S.C. § 1983 against UK and that claim is DISMISSED; 2) the motion is GRANTED as to Niblock's claim for money damages on her Equal Protection claim under 42 U.S.C. § 1983 against dfts Capilouto and Barnhart in their official capacities and that claim is DISMISSED; and 3) the motion is otherwise DENIED. Signed by Judge Karen K. Caldwell on 11/30/2020. (MDC) cc: COR (Entered: 11/30/2020)

ORDER FOR MEETING AND REPORT: 1) Parties meet within 21 days; 2) Rule 26 Meeting Report due within 10 days thereafter as specified in this Order. In the event this matter involves a corporation or partnership, this party is directed to advise the Court at the time of the submission of the parties' joint report of all parent corporations, subsidiaries, affiliates, members and/or partners with which it is associated. Signed by Judge Karen K. Caldwell on 11/30/2020. (MDC) cc: COR (Entered: 11/30/2020)

Proposed Agreed Order by Mitch Barnhart, Eli Capilouto, University of Kentucky. (Beauman, Bryan) (Entered: 12/11/2020)

AGREED ORDER: This matter having come before the Court on the agreement of the parties, it is hereby ordered that Defendants shall have up to and including Monday, 12/21/2020, to file an Answer to the 8 Amended Complaint. Signed by Judge Karen K. Caldwell on 12/11/2020. (MDC) cc: COR (Entered: 12/11/2020)

JOINT REPORT of Rule 26(f) Planning Meeting. (Zwagerman, Jill) Modified Filers on 12/21/2020 (MDC). (Entered: 12/18/2020)

ANSWER to 8 Amended Complaint by Mitch Barnhart, Eli Capilouto, University of Kentucky.(Beauman, Bryan) (Entered: 12/21/2020)

***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: 29 Joint Report of Rule 26(f) Planning Meeting (MDC)

File Submitted

SCHEDULING ORDER: 1) The following deadlines shall be observed in this action: a) Parties to exchange info required by Rule 26(a)(1) w/in 14 days of the entry of this Order. b) Motions to Join Additional parties or amend pleading by 04/05/2021; c) Supplementation of disclosures and responses as required by Rule 26(e). Supplemental disclosures and responses need not be filed in the Court record; d) Rule 26(a)(2) reports from expert trial are due by 05/03/2021. Rebuttal expert witnesses shall be disclosed by 08/02/2021. e) Discovery: 1. Class Certification: 02/01/2021; b. Fact: 05/03/2021; c. Expert: 09/03/2021; d. All discovery requests are to be served in manner calculated for response compliant w/ the deadline. f) Dispositive Motions NLT 10/01/2021. No extensions of time may be granted by the USMJ or by agreement of the parties. 2) No motion to compel, nor any other motions relating to a discovery dispute, shall be filed. 3)Parties shall observe directives regarding the filing of discovery materials by virtue of the December 1, 2000 amendment. 4) No extensions of the deadlines set in this order shall be granted unless an appropriate motion is filed. 5) TELEPHONIC PRETRIAL CONFERENCE set for 4/6/2022 at 10:30 AM in LEXINGTON before Judge Karen K. Caldwell. Parties to call 888-684-8852, using access code 6823688. 6) JURY TRIAL set for 5/9/2022 at 09:00 AM in LEXINGTON before Judge Karen K. Caldwell. Counsel to be present at 08:30 a.m.; Number of days expected: 5 days. 7) All discovery disputes and pretrial scheduling issues, are referred to the USMJ Matthew A. Stinnett. With regard to discovery disputes, the parties shall first attempt to resolve the dispute among themselves. Signed by Judge Karen K. Caldwell on 12/22/2020. (MDC) cc: COR, D, JC (Entered: 12/22/2020)

PRETRIAL ORDER: 1) NLT 21 days before PT COnference counsel to file: a. list of witnesses and exhibits: (i) witness lists as stated; (ii) witness lists with subject matter of testimony; (iii) exhibits lists with description of each exhibit; b. any motions in limine; c. transcript of evidentiary depositions to be used at trial and any motions for ruling by court. Any objection to depositions not raised specifically shall be deemed overruled. d. pretrial memorandum brief; e. proposed agreed jury instructions; f. proposed voir dire questions. 2) No later than 14 days before Pretrial Conference, parties shall file: a. written objections to witness/exhibit lists; b. responses to any motions in limine; c. responses to any motions for ruling on objections; 3) At Pretrial Conference, shall: a. discuss and make possible stipulations; b. disclose demonstrative or summary exhibits; c. display to court all exhibits to be used, pre-marked. Counsel shall provide copy of all documentary exhibits to court; d. discuss settlement; e. advise Court of anticipated technological issues at trial. 4) Pretrial Conference to be attended by all attorneys trying case along with parties and/or representatives. Signed by Judge Karen K. Caldwell on 12/22/2020. (MDC) cc: COR (Entered: 12/22/2020)

***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: 30 Answer to Amended Complaint (MDC)

File Submitted

OBJECTIONS to Scheduling Order Deadlines filed by Elizabeth Niblock. (Zwagerman, Jill) (Entered: 01/05/2021)

File Submitted

***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: 34 Objections to Scheduling Order (MDC)

AMENDED SCHEDULING ORDER: Having considered the 29 Rule 26 Report of the parties, hereby ORDERS: 1) The following deadlines shall be observed in this action: a) Rule 26(a)(1) w/in 14 days of the entry of this Order; b) Motions to Amend Pleadings due by 04/05/2021; Motions to Join Additional Parties due by 07/02/2021. c) Supplemental disclosures and responses as required by Rule 26(w). d) Rule 26(a)(2) reports from expert trial witnesses due by 05/03/2021. Rebuttal expert witnesses due by 08/02/2021. e) Discovery: a. Class Certification: 02/01/2021; b. Fact: 05/03/2021; c. Expert: 09/03/2021; d. All discovery requests to be served in a manner calculated for response compliant w/ the deadline. f) Dispositive Motions NLT 10/01/2021, with response and reply as per Local Rule 7.1(c) and (2). No extensions of time may be granted by the USMJ or by agreement of the parties. Applications for extensions of time will be granted by the trial judge only upon good cause shown. 2) No motions to compel, nor any other motions relating to a discovery dispute, shall be filed unless all counsel involved in such dispute have first conferred as directed by Fed.R.Civ.P. 37(a)(2)(A). 3) Parties shall observe directives regarding the filing of discovery materials by virtue of the December 1, 2000 amendment. 4) No extensions of the deadlines set in this order, or those contained in the separate pretrial conference order also entered this date shall be granted unless an appropriate motion is filed prior to expiration of the deadline in question, and upon a showing of good cause beyond the control of counsel in the exercise of due diligence. 5) TELEPHONIC PRETRIAL CONFERENCE set for 4/6/2022 at 10:30 AM in LEXINGTON before Judge Karen K. Caldwell. Parties to call 888-684-8852, using access cod 6823688. Please dial in a few minutes before the conference is scheduled. 6) JURY TRIAL set for 05/09/2022 at 09:00 AM. Counsel should be present by 08:30 a.m. Length expected: 5 days. 7) All discovery disputes and pretrial scheduling issues, are referred to the USMJ Matthew A. Stinnett. With regard to discovery disputes, the parties shall first attempt to resolve the dispute among themselves. Signed by Judge Karen K. Caldwell on 01/08/2021. (MDC) cc: COR, D, JC (Entered: 01/08/2021)

MOTION to Certify Class by Elizabeth Niblock . (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1- Coach Survey, # 3 Exhibit 2- Equity in Athletics 2019, # 4 Exhibit 3 - Athletics Participation, # 5 Exhibit 4 - Letter from US Department of Education, # 6 Exhibit 5 - UK Athletics Association Survey of First-Year Students, # 7 Exhibit 6 - Introduction and Fan Activities, # 8 Exhibit 7 - Declaration of Amelia Metz, # 9 Exhibit 8 -Declaration of Suzie Stammer, # 10 Exhibit 9 - Declaration of Elizabeth Niblock, # 11 Exhibit 10 - Email from Morgan Rapson, # 12 Exhibit 11 - Email from Brennan Tucker, # 13 Exhibit 12 - Memorandum, # 14 Exhibit 13 - Note to the Board of Trustees, # 15 Exhibit 14 - Letter from UK Board of Trustees, # 16 Exhibit 15 - Letter from SMR Sports Management Resources, # 17 Exhibit 16 - Email from Brennan Tucker, # 18 Exhibit 17 - Women's Triathlon at the UK, # 19 Exhibit 18 - Letter from USA Field Hockey, # 20 Exhibit 19 - UK Reporting 2020 # 21 Exhibit 20 - Recruitment of Student Athletes, # 22 Proposed Order)(Bullock, Lori) Modified Exhibit description on 3/23/2021 (MDC). Modified text on 5/14/2021 (SLH). (Entered: 03/22/2021)

Notice of Docket Modification

NOTICE OF DOCKET MODIFICATION TO Lori Bullock re 36 MOTION to Certify Class: Error: attachments were insufficiently described as Exhibit. Entry by attorney; Correction: the Clerk renamed the attachments.Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A - Affidavit of John Doe (correct). No further action required bycounsel. cc: COR (MDC)

MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Certify Class by Elizabeth Niblock by Mitch Barnhart, Board of Trustees, Eli Capilouto, University of Kentucky Motions referred to Matthew A. Stinnett. (Attachments: # 1 Proposed Order)(Morgan, Donald) (Entered: 04/08/2021)

RESPONSE in Opposition re 37 MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Certify Class by Elizabeth Niblock by Mitch Barnhart, Board of Trustees, Eli Capilouto, University of Kentucky P-Resistance to Defendant's Motion for Extension of Time filed by Elizabeth Niblock. (Bullock, Lori) (Entered: 04/09/2021)

REPLY to 37 Motion for Extension of Time filed by Mitch Barnhart, Eli Capilouto, University of Kentucky. (Beauman, Bryan) Modified Text/Link on 4/13/2021 (MDC). (Entered: 04/12/2021)

JOINT MOTION for Extension of Time to Complete Discovery by Mitch Barnhart, Eli Capilouto, University of Kentucky Motions referred to Matthew A. Stinnett. (Attachments: # 1 Proposed Order)(Beauman, Bryan) Modified Filers on 4/13/2021 (MDC). (Entered: 04/13/2021)

ORDER: granting 37 Motion for Extension of Time to File Response. Dft's Response to Pla's 36 Motion for class certification is due NLT 4/23/2021. Signed by Judge Karen K. Caldwell on 04/13/2021. (MDC) cc: COR (Entered: 04/13/2021)

ORDER: 1) granting Parties' 40 Joint Motion for Extension of Time to Complete Discovery; 2) Discovery deadline is extended up to and including 5/29/2021. 3) All other deadlines in the Court's 35 Scheduling Order remain in place. Signed by Judge Karen K. Caldwell on 04/13/2021. (MDC) cc: COR (Entered: 04/13/2021)

***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Matthew A. Stinnett for review: 40 JOINT MOTION for Extension of Time to Complete Discovery by Mitch Barnhart, Eli Capilouto, University of Kentucky, 39 REPLY to 37 Motion for Extension of Time. (MDC)

NOTICE OF DOCKET MODIFICATION TO Bryan Howard Beauman re 39 REPLY: Error: a link was created to the Response instead of the Motion; Entry by attorney; Clerk modified the entry to create a link to the Motion, thereby placing the reply on the Judges motion report. In the future, create a link to the subject motion. The appropriate event is Reply to Response to Motion. No further action required by counsel. cc: COR (MDC)

Notice of Docket Modification

File Submitted

RESPONSE to Motion re 36 MOTION to Certify Class by Elizabeth Niblock filed by Mitch Barnhart, Eli Capilouto, University of Kentucky. (Attachments: # 1 Exhibit Resolution Agreement, # 2 Exhibit Survey Methodology, # 3 Exhibit 2018 Survey Results, # 4 Exhibit 2019 & 2020 Athletics Interest and Ability Surveys)(Beauman, Bryan) (Entered: 04/23/2021)

MOTION to Amend Scheduling Order by Elizabeth Niblock Motions referred to Matthew A. Stinnett. (Attachments: # 1 Proposed Order)(Bullock, Lori) Modified Text on 5/4/2021 (MDC). (Entered: 05/03/2021)

ORDER: 1) Parties' 44 Motion to Amend Scheduling Order is GRANTED; 2) Rule 26(a)(2) expert reports due by 06/14/2021. Rebuttal Experts due by 09/13/2021. 3) Discovery due by 10/8/2021. 4) Dispositive Motions due by 11/5/2021. 5) All other deadlines in the Court's Scheduling Order remain in place. Signed by Judge Karen K. Caldwell on 05/04/2021. (MDC) cc: COR (Entered: 05/04/2021)

***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re 44 MOTION to Amend Scheduling Order by Elizabeth Niblock (MDC)

Motion Submitted

REPLY BRIEF to Support of 36 Motion for Class Certification filed by Elizabeth Niblock. (Attachments: # 1 Exhibit 2018 Interest Survey Questions, # 2 Exhibit 2019 Interest Survey Questions, # 3 Exhibit Niblock Deposition)(Bullock, Lori) Modified text on 5/10/2021 (KM). (Entered: 05/07/2021)

1 Exhibit 2018 Interest Survey Questions

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2 Exhibit 2019 Interest Survey Questions

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3 Exhibit Niblock Deposition

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Motion Submitted

***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re 36 MOTION to Certify Class by Elizabeth Niblock (KM)

AMENDED DOCUMENT by Elizabeth Niblock. Amendment to 36 MOTION to Certify Class by Elizabeth Niblock Amended Declaration of Suzie Stammer. (Zwagerman, Jill) (Entered: 05/24/2021)

MOTION for Leave by Elizabeth Niblock to File Second Amended Complaint Motions referred to Matthew A. Stinnett. (Attachments: # 1 Exhibit Exhibit 1 - Second Amended Complaint, # 2 Proposed Order)(Zwagerman, Jill) (Entered: 05/25/2021)

Motion Submitted

***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re 48 MOTION for Leave by Elizabeth Niblock to File Second Amended Complaint (MDC)

Proposed Agreed Order Order Regarding Joint Stipulation to Take Depositions Outside of Discovery Deadline by Elizabeth Niblock. (Bullock, Lori) (Entered: 06/02/2021)

ORDER: re 49 JOINT Stipulation to Take Depositions Outside Discovery deadline. The parties stipulate that due to the witnesses' schedules the parties agree to take the depositions of two witnesses in the month of June. This stipulation does not affect any other deadlines in this matter. Signed by Judge Karen K. Caldwell on 6/03/21. (JLM)cc: COR (Entered: 06/03/2021)

MEMORANDUM ORDER: GRANTING pla's 48 Motion for Leave to amend the complaint; the clerk is DIRECTED to docket the tendered amended complaint. Signed by Judge Karen K. Caldwell on 6/3/21. (KJR)cc: COR (Entered: 06/03/2021)

SECOND AMENDED COMPLAINT against Mitch Barnhart, Board of Trustees, Eli Capilouto, University of Kentucky, filed by Elizabeth Niblock, Ala Hassan. (Filed pursuant to Court's 51 Memorandum Order). (KJR) (Entered: 06/03/2021)

NOTICE by Ala Hassan, Elizabeth Niblock Plaintiff's Notice of Expert Designation (Bullock, Lori) (Entered: 06/14/2021)

ANSWER to 52 Amended Complaint by Mitch Barnhart, Eli Capilouto, University of Kentucky.(Beauman, Bryan) (Entered: 06/17/2021)

File Submitted

***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: 54 Answer to Amended Complaint (MDC)

NOTICE of Change of Address by Barbara D. Bonar (Bonar, Barbara) (Entered: 07/26/2021)

NOTICE TO ATTORNEY Dominic A. Capano by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (MDC) (Entered: 07/26/2021)

NOTICE of Change of Address by Lori Bullock (Bullock, Lori) (Entered: 08/06/2021)

MOTION to Withdraw as Attorney by Dominic A. Capano Motions referred to Matthew A. Stinnett. (Attachments: # 1 Proposed Order, # 2 Letter to Clerk)(JER) (Entered: 08/17/2021)

ORDER:Pla' 58 MOTION to Withdraw Dominic A. Capano as Counsel is GRANTED. Attorney Dominic A. Capano is terminated. Signed by Judge Karen K. Caldwell on 08/17/2021. (MDC) cc: COR and Dominic A. Capano by US Mail (Entered: 08/17/2021)

***MOTION SUBMITTED TO CHAMBERS of Matthew A. Stinnett for review: re 58 MOTION to Withdraw as Attorney (JER)

Motion Submitted

NOTICE by Mitch Barnhart, Eli Capilouto, University of Kentucky of Service (Beauman, Bryan) (Entered: 09/13/2021)

ORDER: The parties SHALL ADVISE the Court within fourteen (14) days of the filing of this order if they wish to amend their previously filed briefs related to the Motion for Class Certification. (DE 36 .) Signed by Judge Karen K. Caldwell on 10/28/21.(JLM)cc: COR (Entered: 10/28/2021)

JOINT MOTION for Hearing by University of Kentucky for Status Conference Motions referred to Matthew A. Stinnett. (Attachments: # 1 Proposed Order)(Beauman, Bryan) (Entered: 11/04/2021)

MOTION for Extension of Time by Mitch Barnhart, Board of Trustees, Eli Capilouto, University of Kentucky to File Dispositive Motion Motions referred to Matthew A. Stinnett. (Attachments: # 1 Proposed Order)(Beauman, Bryan) (Entered: 11/04/2021)

ORDER: 1) Both 62 Joint Motion for a Status Conference and, 63 Motion for Extension of Time to file dispositive motions are GRANTED; 2) A TELEPHONIC STATUS CONFERENCE is set for 11/17/2021 at 04:00 PM in LEXINGTON before Judge Karen K. Caldwell; 3) The dispositive motion deadline SHALL BE SET ASIDE, to be rescheduled at the telephonic status conference. The parties shall call 888-684-8852, using access code 6823688. Please dial in a few minutes before the conference is scheduled. Signed by Judge Karen K. Caldwell on 11/04/2021. (MDC) cc: COR, D (Entered: 11/04/2021)

ORDER OF RECUSAL: The undersigned magistrate judge hereby RECUSES himself from service in the above styled action. Case reassigned to Magistrate Judge Edward B. Atkins for all further proceedings. Signed by Magistrate Judge Matthew A. Stinnett on 11/08/2021. (MDC) cc: COR (Entered: 11/08/2021)

ORDER:On the Court's own motion, IT IS ORDERED that the TELEPHONIC STATUS CONFERENCE set for 11/17/2021 is ADVANCED to 11:00 AM. Signed by Judge Karen K. Caldwell on 11/08/2021. (MDC) cc: COR, D (Entered: 11/08/2021)