Case: Mansorian v. Regents of University of California

Mansourian v. Regents of University of California

U.S. Court of Appeals for the Ninth Circuit

Mansourian v. Regents of University of California

Mansourian v. Regents of University of California

Mansourian v. Regents of University of California

Mansourian v. Regents of University of California

Mansourian v. Regents of University of California

Mansourian v. Regents of University of California

Mansourian v. Regents of University of California

Mansourian v. Regents of University of California

Mansourian v. Regents of University of California

The Sturdevant Law Firm

MEMORANDUM and ORDER, Motions terminated: 42 MOTION for EXTENSION Motion to Modify Status Order by Arezou Mansourian, Lauren Mancuso, Nancy Nien-Li Chiang, Christine Wing-Si Ng - GRANTED. Designation of Expert Witnesses due by 8/1/2005. Rebuttal e xperts by 9/1/05. Discovery due by 10/28/2005. Dispositive Motion due by 1/13/2006. Final Pretrial Conference set for 3/17/2006 at 01:30 PM in Courtroom 2. Jury Trial set for 5/2/2006 at 09:00 AM in Courtroom 2 signed by Judge Frank C. Damrell Jr. on 6/14/05. (Price, M)

STIPULATION and ORDER signed by Judge Frank C. Damrell Jr. on 08/17/05. Designation of Expert Witnesses due by 10/28/2005. Discovery due by 12/23/2005. Dispositive Motion due by 4/21/2006. Final Pretrial Conference set for 6/30/2006 at 03:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Jury Trial set for 8/29/2006 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. (Price, M)

ORDER signed by Judge Frank C. Damrell Jr. on 10/31/05 re 57 Stipulation filed by the parties - GRANTED. The following scheduling deadlines are modified as follows: Designation of rebuttal Expert Witnesses due by 3/14/2006. Discovery due by 5/12/ 2006. Dispositive Motion due by 8/4/2006. Final Pretrial Conference set for 9/29/2006 at 03:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Jury Trial set for 11/28/2006 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.(Price, M)

ORDER signed by Judge Peter A. Nowinski on 01/04/06 DENYING 71 Stipulation, filed by Regents of the University of California, University of California at Davis, Lawrence Vanderhoef, Greg Warzecka, Pam Gill-Fisher, Robert Franks and Lawrence Swanson . (Matson, R)

ORDER signed by Judge Peter A. Nowinski on 01/09/06 ORDERING pltf's ex parte application for reconsideration 78 is GRANTED in part; Dfts to disclose by filing with the court no private information obtained during discovery.(Warren, P)

ORDER signed by Judge Frank C. Damrell Jr. on 1/27/06 GRANTING 84 Ex Parte Application. Defendants shall be permitted to file a Memo of Points and Authorities in Opposition to Plaintiffs' Motion for Class Certification in excess of 20 pages, but not to exceed 35 pages.(Donati, J)

ORDER signed by Judge Peter A. Nowinski on 02/08/06: The subpoenas are quashed.(Warren, P)

ORDER signed by Judge Frank C. Damrell Jr. on 3/22/06. 97 Ex Parte Application, filed by defendants - GRANTED. Defendant LARRY VANDERHOEF shall be permitted to file a Memorandum of Points and Authorities in Support of his Motion for Summary Judgment in excess of twenty pages, but not to exceed thirty pages. In light of this page limit increase, the page limit for Plaintiff's opposition is extended to no more than 30 pages. No increase is made as to the reply page limit.(Price, M)

ORDER signed by Judge Frank C. Damrell Jr. on 3/28/06 re 100 Ex Parte Application - GRANTED. Dft LAWRENCE SWANSON shall be permitted to file a Memorandum in Support of his Motion for Summary Judgment in excess of twenty pages, but not to exceed thirty pages. In light of this page limit increase, the page limit for ptlf's opposition is extended to no more than 30 pages. No increase is made as to the reply page limit.(Price, M)

ORDER signed by Judge Frank C. Damrell Jr. on 4/5/06. 108 Exparte Application filed by Regents dft Pam Gill-Fisher - GRANTED. Memorandum in Support of motion for summary judgment may be filed in excess of 20 pages, but not to exceed 30 pages. In light of this page limit increase, the page limit for pltf's opposition is extended to no more than thirty pages. No increase is made as to the Reply page limit. (Price, M)

ORDER signed by Judge Frank C. Damrell Jr. on 4/13/06. 111 Stipulation to Seal Exhibit W - GRANTED. The Clerk shall seal Exhibit W, as filed on April 4/4/06, as Part 5 to docket #107, Exhibits. Counsel, shall re-file exhibits U - CC excluding exhibit W in accordance with this order. (Price, M)

ORDER signed by Judge Frank C. Damrell Jr. on 4/18/06. 117 Pltf's MOTION to STAY and Extend Scheduling -GRANTED. Case STAYED. All dates are vacated. 62 Motion for Class Certification - RESET for 7/21/06 at 10:00 a.m. Status Conference set for 6/16/2006 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. Joint status report by 6/6/2006. Parties to refer to order for specifics on report. (Price, M) Modified on 4/18/2006 (Price, M).

ORDER signed by Judge Frank C. Damrell Jr. on 6/7/06 GRANTING 130 Stipulation. Status Conference is re-set for 7/28/2006 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. and Joint Status Report is due by 7/18/06. (Yin, K)

STIPULATION and ORDER 141 signed by Judge Frank C. Damrell Jr. on 8/23/06. The Stay of this action is CONTINUED to 11/3/06 and Status Conference is RE-SET for 11/3/2006 at 10:00 AM in Courtroom 2 (FCD). Parties shall meet and confer to submit Joint Status Statement by 10/27/06.(Marciel, M)

STIPULATION and ORDER signed by Judge Frank C. Damrell Jr. on 10/20/06. The stay in continued to 1/26/07. Status Conference set for 11/3/06 is VACATED and RESET for 1/26/2007 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. A joint status report shall be filed by 1/19/2007. (Price, M)

MEMORANDUM and ORDER signed by Judge Frank C. Damrell Jr. on 3/20/07. Plaintiff's 158 MOTION for Amend the Complaint is DENIED.(Marciel, M)

STIPULATION and ORDER signed by Judge Frank C. Damrell Jr. on 3/29/07 AGREEING to the stipulation between the parties to DISMISS w/ prejudice the claims of pltf Nancy Nien-Li Chiang as against each of the dfts; the pending motion to dismiss pltf Chiang's damages claims is OFF CALENDAR; dfts to not take further action to obtain copies of pltf Chiang's medical or mental health records; each of the parties to bear their own costs. Nancy Nien-Li Chiang terminated. (Yin, K)

ORDER signed by Judge Frank C. Damrell Jr. on 3/30/07 AGREEING to the 176 stipulation between the parties to further modify the 156 Second Amended Status (Pretrial Scheduling) Order: Pltfs' Supplemental Opening Brief due 4/27/07; Dfts' Supplemental Opposition Brief due 5/11/07; Pltfs' Reply Brief due 5/18/07; Class Certification Hearing set for 5/25/2007 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr..(Yin, K)

ORDER signed by Judge Frank C. Damrell Jr. on 4/23/07 GRANTING 180 Stipulated Request to further modify the Second Amended Status (Pretrial Scheduling) Order. The class certification hearing currently scheduled for 5/25/07 and the corresponding briefing schedule will be taken off calendar pending the resolution of plaintiffs' request for voluntary dismissal of class claims. (Donati, J)

MEMORANDUM AND ORDER signed by Judge Frank C. Damrell Jr. on 6/12/07. 183 Motion to Dismiss - GRANTED. Accordingly, the class claims in this action are dismissed. (Price, M)

ORDER signed by Judge Frank C. Damrell Jr. on 7/20/07. 199 Deft's Ex Parte Application -GRANTED. Deft's are permitted to file their Reply to Plaintiffs' Opposition not to exceed 15 pages. (Price, M)

ORDER re 213 MOTION for PROTECTIVE ORDER. Signed by Judge Edmund F. Brennan on 8/31/07. (Hinkle, T)

ORDER signed by Judge Frank C. Damrell Jr. on 09/18/07 MODIFYING SCHEDULING ORDER as follows:Expert Discovery Cut-off is 1/11/2008, Discovery due by 12/28/2007, Dispositive Motion to be heard by 2/22/2008, Deadline to file Joint PTS is 4/11/08, Final Pretrial Conference set for 4/18/2008 at 01:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. and trial still set for 6/17/08 at 9:00 am before Judge Frank C. Damrell Jr. (Dillon, M)

BRIEFING ORDER re 224 MOTION for PROTECTIVE ORDER under F.R.C.P. 26(c). Signed by Judge Edmund F. Brennan on 10/15/2007. (Hinkle, T)

MEMORANDUM AND ORDER granting signed by Judge Frank C. Damrell Jr. on 10/18/07.The court makes the following orders on defts' 188 motion for judgment on the pleadings: Deft UCD's motion for judgment on the pleadings re: pltfs' first c laim for relief under Title IX based upon a theory unequal treatment - GRANTED; re: pltfs' first claim for relief under Title IX based upon a theory of ineffective accommodation - DENIED; re: pltfs' second claim for relief under Title IX - GRANTED; re: pltfs' third claim for relief for retaliation in violation of Title IX - GRANTED; re: pltfs' claims for punitive damages under Title IX - GRANTED; re: pltfs' claims for emotional distress damages under Title IX - DENIED. The individual defts' motion for judgment on the pleadings re: pltfs' claims brought pursuant to 42 U.S.C. section 1983 - GRANTED. Defts' motion for judgement on the pleadings re: pltfs' state law claims - GRANTED.(Price, M)

BRIEFING ORDER re 227 MOTION to COMPEL Further Disclosures and Discovery. Signed by Judge Edmund F. Brennan on 10/23/07. (Hinkle, T)

BRIEFING ORDER re 246 MOTION for PROTECTIVE ORDER filed by defendants. Signed by Judge Edmund F. Brennan on 11/15/07. (Hinkle, T)

BRIEFING ORDER re 248 Motion to Compel Discovery Responses. Signed by Judge Edmund F. Brennan on 11/19/07. (Hinkle, T)

ORDER signed by Judge Edmund F. Brennan on 11/19/07 ORDERING that Defendants' Motion for Protective Order deeming the documents unusable in this litigation 242 is DENIED. (Mena-Sanchez, L)

ORDER signed by Judge Frank C. Damrell Jr. on 12/4/07. 259 Ex Parte Application filed by Greg Warzecka, Robert Franks, Pam Gill-Fisher, Lawrence Vanderhoef, Regents of the University of California, University of California at Davis and Lawrence Sw anson - GRANTED IN PART. Deft REGENTS OF THE UNIVERSITY OF CALIFORNIA IS permitted to file Motion for Summary Judgment in excess of 20 pages, but not to exceed 40 pages. Plts are permitted to file its Opposition in excess of 20 pages, but not to exceed 40 pages. Deft is permitted to file a reply in excess of 10 pages, but not to exceed 20 pages. (Price, M)

STIPULATION and ORDER signed by Judge Edmund F. Brennan on 12/4/2007 GRANTING 264 Stipulation and Proposed Order to have defendant's Motion to Compel further discovery heard on shortened time.(Matson, R)

BRIEFING ORDER re 261 Defendant's Notice of Motion to Compel Further Discovery filed by Greg Warzecka, Robert Franks, Pam Gill-Fisher, Lawrence Vanderhoef, Regents of the University of California, University of California at Davis, Lawrence Swanson. Signed by Judge Edmund F. Brennan on 12/5/07. (Hinkle, T)

STIPULATION and ORDER (ORDER MODIFIED FROM SUBMITTED VERSION) signed by Judge Frank C. Damrell Jr. on 12/13/07. Dispositive Motion shall be heard no later than 3/28/2008. The parties are to refer to the order for the dispositive motion briefing schedule. Final Pretrial Conference RESET for 6/6/2008 at 01:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Jury Trial RESET for 8/12/2008 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Price, M)

ORDER signed by Judge Edmund F. Brennan on 12/21/07 denying 246 Motion for Protective Order. Chancellor Vanderhoef shall appear for deposition and defendant shall produce the documents previously withheld on the basis of deliberative process privilege. (Plummer, M)

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 1/29/08. RESET MOTION HEARING as to 280 MOTION for SUMMARY JUDGMENT for 4/25/2008 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Plaintiffs shall file their opposing papers on or before 3/6/08. Defendant shall file its reply papers on or before 3/31/08. (Price, M)

MEMORANDUM AND ORDER signed by Judge Frank C. Damrell, Jr on 04/23/08. Deft's 280 Motion for Summary Judgment - GRANTED. The Clerk is directed to close the file. All dates are VACATED. CASE CLOSED. (Price, M)

ORDER signed by Judge Frank C. Damrell, Jr on 5/22/08 GRANTING Plaintiff an Extension of Time until 6/19/08 to file objections to the Bill of Costs. (Krueger, M)

STIPULATED PROTECTIVE ORDER regarding financial information of pltfs signed by Judge Frank C. Damrell, Jr on 6/18/08. (Carlos, K)

MEMORANDUM AND ORDER signed by Judge Frank C. Damrell, Jr on 7/15/08 ORDERING that Plaintiffs' Motion to Deny Defendants' Bill of Costs is GRANTED. Plaintiffs' Motion to Continue Consideration of Bill of Costs 396 is MOOT and the Hearing date of 8/22/08 is VACATED. (Krueger, M)

STIPULATION and ORDER 435 To Modify The Status (Pretrial Scheduling) Order, signed by Judge Frank C. Damrell, Jr., on 9/13/10: The last date to hear dispositve motions shall BE 12/3/10. Discovery is to be completed BY 10/25/2010, aside from individual Dft financial status discovery. (Kastilahn, A)

STIPULATION and ORDER 450 signed by Judge Frank C. Damrell, Jr., on 9/20/10, ORDERING that the hearing on dfts' motions for summary judgment 443 , 437 , 426 , 417 is CONT'D to 12/3/2010 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell, Jr. Pltfs shall file their oppositions to the motions for summary judgment no LATER than 11/9/10; and dfts shall file their replies no LATER than 11/24/10. (Kastilahn, A)

ORDER GRANTING 454 Motion to File Document Under Seal signed by Judge Frank C. Damrell, Jr on 9/27/10. Exhibit N in support of dft Warzecka's motion for summary judgment shall be filed under seal. (Manzer, C)

ORDER signed by Judge Frank C. Damrell, Jr on 10/27/10 ORDERING 462 Ex Parte Application filed by Christine Wing-Si Ng, Lauren Mancuso, Arezou Mansourian GRANTED and they shall be permitted to file a consolidated opposition to the motions for summary judgment filed by the individual dfts and to file asingle memorandum of points and authorities to address the motions of the individual dfts that exceeds the Court's 20 page limited but which is not more than 50 pages. (Carlos, K)

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 11/5/2010re 464 ORDERING that Plaintiffs' claims against defendant Lawrence Swanson in this action are dismissed in their entirety, with prejudice. Defendant Larry Swanson shall no t seek attorneys' fees, costs or any other relief against Plaintiffs, on their own or through counsel, based upon the filing or prosecution of this action by them. Defendant agrees that neither he nor anyone on his behalf will pursue any claim a gainst Plaintiffs or their counsel for their prosecution of this action against him, including a malicious prosecution claim. Defendant Larry Swanson will withdraw his Motion for Summary Judgment currently set for hearing on December 3, 2010. Each of the parties to bear their own costs.(Duong, D)

ORDER signed by Judge Frank C. Damrell, Jr on 11/12/10 ORDERING that Plaintiffs' Request to Seal Confidential documents is GRANTED.(Mena-Sanchez, L)

MEMORANDUM AND ORDER signed by Judge Frank C. Damrell, Jr on 12/8/2010 ORDERING Defendants' Motions for Summary Judgment 417 , 426 , 437 , and 452 GRANTED in Part and DENIED in Part. (Krueger, M)

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/12/11, ORDERING that 513 dfts' Motion for a Protective Order, is DENIED in PART and GRANTED in PART as discussed in this Order. Dfts Vanderhoef, Warzecka, Roberts, and Gill-Fisher SHALL r espond to the discovery demands set forth in this Order within 21 days of the entry of this Order. It is further ORDERED that the Stipulation Regarding Financial Information of Individual Defendants executed by the parties through their respective attorneys on June 18, 2008 and attached hereto as Exhibit A is hereby incorporated as part of this Order. (Attachments: # 1 Exhibit A)(Kastilahn, A)

1 Exhibit A

View on PACER

STIPULATION and ORDER 531 signed by Judge Frank C. Damrell, Jr., on 2/18/11: The Status (Pretrial Scheduling) Order is modified as follows: Final Pretrial Conference is SET for 4/21/2011 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrel l, Jr.. Bench Trial is SET for 5/23/2011 at 01:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell, Jr.. Jury Trial is tentatively SET for August 9-11, 2011 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell, Jr.. (See order for further dates.)(Kastilahn, A)

ORDER signed by Judge Frank C. Damrell, Jr on 04/26/2011 GRANTING 535 Joint Stipulation Re Briefing Schedule on Motion For Reconsideration.(Streeter, J)

PRETRIAL CONFERENCE ORDER signed by Judge Frank C. Damrell, Jr on 04/26/2011. (Streeter, J)

MEMORANDUM and ORDER on Relevant Time Period signed by Judge Frank C. Damrell, Jr on 4/29/2011: The Court ORDERS Defendant's argument relating to standing is inapposite. Both plaintiffs and defendant agree that plaintiffs may only recover based upon demonstration of actual harm. Indeed, plaintiffs' ability to recover for Title IX violations are wholly separate from the determination of whether defendant was in violation of Title IX. As such, defendant's argument in support of a truncated time period is without merit. (Krueger, M)

MEMORANDUM AND ORDER signed by Judge Frank C. Damrell, Jr on 5/18/2011 ORDERING Plaintiffs' Motion for Reconsideration and/or Clarification 540 DENIED. (Krueger, M)

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 6/27/11 ORDERING the admission into evidence excerpts of NCAA Manuals. (Meuleman, A)

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 7/12/11 EXTENDING proposed findings of facts and conclusions of law deadline from 7/15/11 to 7/19/11; plaintiffs' written response to defendants' Rule 52 Motion shall be EXTENDED from 7/15/11 to 7/22/11. (Meuleman, A)

MEMORANDUM AND ORDER signed by Judge Frank C. Damrell, Jr on 8/3/2011 ORDERING that plaintiffs have prevailed on their claims against UC Davis for ineffective accommodation of female student-athletes under Title IX based upon UC Davis' failure t o demonstrate a continuing practice of program expansion. However, plaintiffs have not prevailed on any other theories of Title IX liability. Moreover, plaintiffs have not prevailed on their claims for Equal Protection Clause violations against any of the individual defendants. As such, defendants Larry Vanderhoef, Greg Warzecka, Pam Gill-Fisher, and Robert Franks are DISMISSED. (Krueger, M)

ORDER signed by Judge Frank C. Damrell, Jr. on 8/9/2011 ORDERING that dfts' 524 motion for reconsideration of the magistrate judge's discovery order re: punitive damages and dfts' Rule 52(c) motion (made orally on the record on 6/14/2011) are MOOT. (Zignago, K.)

ORDER signed by Judge Kimberly J. Mueller on 9/1/2011. Since Judge Mueller was the Magistrate Settlement Judge in this matter, parties are ordered to inform Court, w/in 2 weeks of entry of this Order, whether they will will waive any conflict if she remains on the case as trial judge. (Marciel, M)

ORDER signed by Judge Kimberly J. Mueller on 11/2/11 ORDERING that the court SETS the following schedule: Joint pretrial statement due February 1, 2012; Final Pretrial Conference set for 2/8/2012; Hearing on motions in limine sets for 2/8/2012 at 10: 00 AM; Jury Trial set for 3/5/2012 at 09:00 AM. Hearing on the proposed dispositive motion in limine set for 12/14/2011 at 10:00 AM. The court will issue a briefing schedule in accordance with this hearing date, if the hearing is confirmed. The cou rt also will refer this case to settlement. The parties are to submit a stipulation with seven (7) days of the issuance of this order indicating their availability for settlement conference. Upon receipt of the stipulation, the court will issue an order of referral. (Duong, D)

ORDER signed by Judge Kimberly J. Mueller on 12/7/2011 ORDERING that this case is set for a settlement conference before Magistrate Judge Kendall J. Newman on 1/3/2012, at 1:00 p.m. at the U. S. District Court, 501 I Street, Sacramento, CA 95814 in C ourtroom #25. The parties are directed to exchange non-confidential settlement conference statements seven days prior to this settlement conference. These statements shall simultaneously be delivered to the court using the following email address: k jnorders@caed.uscourts.gov. If a party desires to share additional confidential information with the court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). Each party shall e-file a one page document entitled Notice of S ubmission of Settlement Conference Statement. See Local Rule 270(d). Each party is reminded of the requirement that it be represented in person at the settlement conference by a person able to dispose of the case or fully authorized to settle the matter at the settlement conference on any terms. See Local Rule 270. (Zignago, K.)

ORDER signed by Judge Kimberly J. Mueller on 12/12/11 ORDERING that Defendant's Request 641 is DENIED. Additionally, Plaintiff's MOTION TO STRIKE [641[ is DENIED as moot. (Mena-Sanchez, L)

STIPULATION and ORDER 654 requesting modification of Scheduling Order signed by Judge Kimberly J. Mueller on 1/10/2012. The current due dates for Pretrial filings are as follows: Motions In Limine - 1/11/2012; Oppositions to Motions In Limine - 1/2 5/2012; Replies to Oppositions and Joint Final Pretrial Statement - 2/1/2012; Hearing on Motions In Limine and Final Pretrial Conference - 2/8/2012; Trial Briefs - 2/17/2012; and Responses to Trial Briefs - 2/27/2012. Parties' due date for filin g Motions In Limine and Oppositions to Motions is STAYED for period of 7 days so that they may focus thier efforts on reaching resolution of remaining issues in litigation. Parties to file a Joint Status Report no later than 1/17/2012 advising Court of status of Settlement discussions. (Marciel, M)

STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 1/18/2012 STAYING case until 1/20/2012. A Joint Status Report is due at that time. (Michel, G)

STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 01/23/12 ORDERING that the parties will file a further Joint Status Report by 01/24/12 advising the Court whether final confirmation of the settlement terms has been reached. If confirmation has been reached, the Court will vacate the 03/05/12 trial date, and order the parties to file either a Stipulated Request for Dismissal of the action or a further Joint Status Report by 04/09/12. (Benson, A.)