Case: Biediger v. Quinnipiac University

3:09-cv-00621 | U.S. District Court for the District of Connecticut

Filed Date: April 16, 2009

Case Ongoing

Clearinghouse coding complete

Case Summary

In March 2009, Quinnipiac University announced plans to cut its women's volleyball team, men's golf team, and men's outdoor track team. At the same time, the University pledged to create a new varsity sport, competitive cheerleading, for the 2009-10 season. In response, five current Quinnipiac women's varsity volleyball players and their coach filed this putative class action lawsuit against Quinnipiac in the U.S. District Court for the District of Connecticut on April 16, 2009. They were repre…

In March 2009, Quinnipiac University announced plans to cut its women's volleyball team, men's golf team, and men's outdoor track team. At the same time, the University pledged to create a new varsity sport, competitive cheerleading, for the 2009-10 season. In response, five current Quinnipiac women's varsity volleyball players and their coach filed this putative class action lawsuit against Quinnipiac in the U.S. District Court for the District of Connecticut on April 16, 2009. They were represented by private counsel and the ACLU, and their complaint alleged that Quinnipiac's decision to eliminate its volleyball team violated Title IX of the Education Amendments of 1972 (20 U.S.C. § 162, et seq.) and its regulations (34 C.F.R. Part 106). They sought declaratory relief, a preliminary and permanent injunction, monetary damages, and attorneys' fees.

On May 22, 2009, the District Court (Judge Stefan Underhill) granted a preliminary injunction, preventing Quinnipiac from eliminating women's volleyball as a varsity sport. The court held that Quinnipiac's "roster management" deprived women students of equal participation opportunities in varsity sports. This worked as follows, Judge Underhill explained: Quinnipiac insisted that various women's sports have a "roster floor" -- a team count padded by athletes not actually needed for the team. The result was that a number of purported players actually had as their "principal role" "to provide a gender statistic rather than a meaningful contribution to the team." Conversely, as is common in competitive sports, male teams had a roster cap, so that some men interested and able to play were not afforded the chance. Accordingly, even though the gender split among varsity student athletes at Quinnipiac seemed to track the student gender demographics more generally, the Court held that this proportionality was actually illusory. Biediger v. Quinnipiac Univ., 616 F. Supp. 2d 277 (D. Conn. 2009)

About a year later, on May 20, 2010, the district court certified the class of: "All present, prospective, and future female students at Quinnipiac University who are harmed by and want to end Quinnipiac University's sex discrimination in: (1) the allocation of athletic participation opportunities; (2) the allocation of athletic financial assistance; and (3) the allocation of benefits provided to varsity athletes." 2010 WL 2017773. A bench trial was then held from June 21 to June 25, 2010, on the Title IX theory that Quinnipiac discriminated in 2009 and 2010 on the basis of sex in its allocation of athletic participation opportunities.

Judge Underhill found for the plaintiffs in a decision published July 21, 2010. Biediger v. Quinnipiac University, 728 F.Supp.2d 62 (2010). He held that the University's competitive cheerleading team did not qualify as a varsity sport for the purposes of Title IX and, therefore, its members could not be counted as athletic participants under the statute: "Competitive cheer may, some time in the future, qualify as a sport under Title IX; today, however, the activity is still too underdeveloped and disorganized to be treated as offering genuine varsity athletic participation opportunities for students." In addition, the Court held, Quinnipiac was impermissibly triple counting women cross-country runners, tallying them, as well, as participants in indoor and outdoor track, even when they did not in fact so participate. Finally, some of the problematic roster management continued. Cutting volleyball, the Court concluded, would only exacerbate the ongoing violation of Title IX. Accordingly, the Court prohibited the immediate elimination of women's volleyball, in 2010-2011, although it made clear that Quinnipiac could subsequently cancel that team, "so long as any decision to eliminate women's volleyball is accompanied by other changes that will bring the University into compliance with Title IX."

The Court required Quinnipiac to submit a compliance plan within 60 days, which Quinnipiac did; plaintiffs opposed that plan as inadequate. Quinnipiac appealed the underlying finding of the district court while it continued to litigate about compliance. The court stated that the compliance plan was likely adequate, and set the issue of Title IX compliance for a future hearing.

On appeal, in an opinion dated August 7, 2012, by Judge Reena Raggi, the Second Circuit Court of Appeals affirmed the district court's findings and injunction in their entirety. 691 F.3d 85. A number of organizations joined the litigation as amici curiae -- the Department of Justice Civil Rights Division and the National Women's Law Center (joined on the brief by dozens of other women's organizations) supported the plaintiffs; the Eagle Forum Education and Legal Defense Fund supported Quinnipiac.

Meanwhile, while the appeal was pending, in December 2011, Quinnipiac filed a motion to lift the injunction and terminate the Court's supervision; a hearing was held in June 2012. On March 4, 2013, the District Court denied the motion in a lengthy opinion including findings of fact and conclusions of law. Analyzing the men's and women's sports in question, Judge Underhill concluded that the university had "failed to demonstrate a significant change in the quantity and/or quality of athletic participation opportunities provided to its female students." 928 F.Supp.2d 414, 473 (D. Conn. 2013).

The parties agreed to settle the case on April 26, 2013. The terms of the settlement required the University to develop a Title IX nondiscrimination policy and grievance procedure; to place restrictions on when and why the university could eliminate a women's varsity team and on creating new men's varsity teams without adding women's varsity teams; to upgrade facilities for women's athletics; to increase funding for coaches' salaries for women's athletics; to increase funding for scholarships for women's athletics; and to allow women's teams to participate in more tournaments and competitions. Additionally, the University agreed to pay $15,000 to each named plaintiff, $1.9 million in attorney's fees, and $50,000 to a scholarship fund. Finally, the settlement agreement would be monitored with yearly reports until June 30, 2016. The Court approved of the settlement on June 20, 2013.

On October 2, 2013, the parties stipulated to the dismissal of the plaintiffs' Title IX retaliation claim.

The Referee, Jeffrey Orleans, was to monitor the University's progress release yearly reports each July through 2016. 

On March 10, 2020, the parties filed a joint motion for preliminary approval of an amended consent decree. The parties later filed a revised amended consent decree on May 21, 2020.

Later that year, on June 1, the court granted the motion for preliminary approval of the revised amended consent decree. After a fairness hearing, the court entered final approval of the amended consent decree on August 6, 2020. The amended consent decree provided additional terms for the University to adhere to, including providing scholarships, adjusting practice times, and building a strength and conditioning facility. In addition, the University agreed to pay the plaintiffs $90,000 in attorneys’ fees. 

As of March 16, 2024, there have been no additional updates. The amended decree is set to end on June 30, 2024.

Summary Authors

Joshua Arocho (11/24/2014)

Virginia Weeks (11/23/2017)

Venesa Haska (3/16/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4201339/parties/biediger-v-quinnipiac-univ/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant
Expert/Monitor/Master/Other

Allen, Leslie (Connecticut)

Amdur, Spencer Elijah (Connecticut)

Attorney-in-Charge, Attorney-in-Charge (Connecticut)

Auerbach, Marcella Cohen (Connecticut)

Axelrod, Matthew S. (Connecticut)

Other

Allen, Leslie (Connecticut)

Amdur, Spencer Elijah (Connecticut)

Attorney-in-Charge, Attorney-in-Charge (Connecticut)

Auerbach, Marcella Cohen (Connecticut)

Axelrod, Matthew S. (Connecticut)

Bailey, Terri Hearn (Connecticut)

Barksdale, Antoinette (Connecticut)

Beane, Eric Joseph (Connecticut)

Behnke, Scott (Connecticut)

Boeshart, Paul D. (Connecticut)

Bond, Emma Eaton (Connecticut)

Branda, Joyce R. (Connecticut)

Brodsky, Reed Michael (Connecticut)

Butler, Michael (Connecticut)

Calhoun, Daniel Joseph (Connecticut)

Cantu, Rebecca (Connecticut)

Carman, Sean K. (Connecticut)

Casto, Carol A. (Connecticut)

Chicago, AUSA - (Connecticut)

Cohen, Rebecca Shapiro (Connecticut)

Cohen, Bradley Heath (Connecticut)

Davis, Ethan Price (Connecticut)

Davis, Michael Scott (Connecticut)

Derrig, Joseph P (Connecticut)

Devine, Melissa Marion (Connecticut)

Edelman, Keith Daniel (Connecticut)

England, Travis W (Connecticut)

Fernandez-Gonzalez, Myriam Y. (Connecticut)

Ford, William E. (Connecticut)

Friday, Kimberly (Connecticut)

Galbreath, Robert L (Connecticut)

Gallagher, Erin Healy (Connecticut)

Gonzalez-Rivera, Maritza (Connecticut)

Harrington, Quinn Patrick (Connecticut)

Hayes, Rosemary Hanna (Connecticut)

Hayman, Kenneth B. (Connecticut)

Huber, Christopher J. (Connecticut)

Hughes, John B. (Connecticut)

Kerns, Michael W. (Connecticut)

Kurland, Joshua Ethan (Connecticut)

Liskey, Garrett (Connecticut)

Littleton, Judson O (Connecticut)

Loughnane, Joan M. (Connecticut)

Maguire, Jill (Connecticut)

Mancusi-Ungaro, Philip (Connecticut)

Mann, Martha C. (Connecticut)

Maraist, Catherine M. (Connecticut)

Monteleone, Robyn-Marie L (Connecticut)

Myer, Peter G. (Connecticut)

Nash, Ann E. (Connecticut)

Oswald, Barbara L (Connecticut)

Page, Wesley (Connecticut)

Parascandola, Christina B. (Connecticut)

Pease, William H. (Connecticut)

Penn, Allison D (Connecticut)

Pfannenschmidt, Dennis (Connecticut)

Pomeroy, Richard L. (Connecticut)

Preheim, Loren Misha (Connecticut)

Priddy, Natalie A. (Connecticut)

Rau, Kristen Elise (Connecticut)

Rave, Norman L. (Connecticut)

Roberts, Charles E. (Connecticut)

Robinson, Andrew (Connecticut)

Rouse, Katrina (Connecticut)

Rubin, Amy Michelle (Connecticut)

Schultz, Anne Ruth (Connecticut)

Silver, Ronald K (Connecticut)

Smith, Casey S. (Connecticut)

Stahman, Kayla (Connecticut)

States, United (Connecticut)

Sullivan, David O. (Connecticut)

Trager, Mara Emet (Connecticut)

Wagner, Lynnett M. (Connecticut)

Waldref, Vanessa Ruth (Connecticut)

Wang, Lisa W. (Connecticut)

Weidman, Leon W (Connecticut)

Welsh, Blaine T (Connecticut)

Wherry, Karin D. (Connecticut)

Winarsky, Amy Jill (Connecticut)

Winn, Peter Angus (Connecticut)

Wohlenhaus, Renee M (Connecticut)

Wolfe, Kathleen R (Connecticut)

Wozniak, Karen (Connecticut)

Yavelberg, Jamie Ann (Connecticut)

Yoma-Awin, Monica S. (Connecticut)

Zevenbergen, Michael James (Connecticut)

Documents in the Clearinghouse

Documents in this case

3:09-cv-00621

Docket [PACER]

Oct. 11, 2016

Oct. 11, 2016

Docket
1

3:09-cv-00621

Verified Class Action Complaint

April 16, 2009

April 16, 2009

Complaint
14

3:09-cv-00621

Affidavit of John McDonald

April 16, 2009

April 16, 2009

Declaration/Affidavit
41-2

3:09-cv-00621

Deposition of John (Jack) McDonald

May 1, 2009

May 1, 2009

Transcript
51

3:09-cv-00621

Ruling and Order Granting Preliminary Injunction

May 22, 2009

May 22, 2009

Order/Opinion

616 F.Supp.2d 277

101

3:09-cv-00621

First Amended Class Action Complaint

Dec. 9, 2009

Dec. 9, 2009

Complaint
104

3:09-cv-00621

Defendant's Answer to the First Amended Class Action Complaint

Jan. 13, 2010

Jan. 13, 2010

Pleading / Motion / Brief
116

3:09-cv-00621

Declaration of Kayla Lawler in Support of Motion for Class Certification

Feb. 20, 2010

Feb. 20, 2010

Declaration/Affidavit
117

3:09-cv-00621

Declaration of Stephanie Biediger in Support of Motion for Class Certification

Feb. 20, 2010

Feb. 20, 2010

Declaration/Affidavit
118

3:09-cv-00621

Declaration of Kristen Corinaldesi in Support of Motion for Class Certification

Feb. 25, 2010

Feb. 25, 2010

Declaration/Affidavit

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4201339/biediger-v-quinnipiac-univ/

Last updated March 28, 2026, 5:27 a.m.

ECF Number Date Description Link
1 April 16, 2009

VERIFIED COMPLAINT against Quinnipiac Univ ( Filing fee $ 350 receipt number B017758), filed by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker.(Torres, K.) (Entered: 04/20/2009)

RECAP
2 April 16, 2009

MOTION for Temporary Restraining Order & Preliminary Injunction (Responses due by 5/7/2009, ) by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order -Temporary Restraining Order, # 3 Text of Proposed Order - Preliminary Injuction)(Torres, K.) (Entered: 04/20/2009)

2 Memorandum in Support

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3 Text of Proposed Order -Temporary Restraining Order

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4 Text of Proposed Order - Preliminary Injuction

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RECAP
3 April 16, 2009

MOTION for Order to Show Cause by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Attachments: # 1 Text of Proposed Order to Appear and Show Cause)(Torres, K.) (Entered: 04/20/2009)

2 Text of Proposed Order to Appear and Show Cause

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RECAP
4 April 16, 2009

MOTION for Waiver of Security by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker.Responses due by 5/7/2009 (Torres, K.) (Entered: 04/20/2009)

RECAP
5 April 16, 2009

ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Stefan R. Underhill on 4/16/2009. (Torres, K.) (Entered: 04/20/2009)

RECAP
6 April 16, 2009

Order on Pretrial Deadlines: Motions to Dismiss due on 7/16/2009. Amended Pleadings due by 6/15/2009 Discovery due by 10/16/2009 Dispositive Motions due by 11/15/2009. Signed by Clerk on 4/16/2009. (Torres, K.) (Entered: 04/20/2009)

RECAP
7 April 16, 2009

Sealed Document: Unredacted Complaint by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Torres, K.) (Entered: 04/20/2009)

RECAP
8 April 16, 2009

Sealed Document: Unredacted MOTION for Temporary Restraining Order & Preliminary Injunction by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Attachments: # 1 Memorandum in Support)(Torres, K.) (Entered: 04/20/2009)

RECAP
9 April 16, 2009

Sealed Document: Unredacted MOTION for Order to Show Cause by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Torres, K.) (Entered: 04/20/2009)

RECAP
10 April 16, 2009

Sealed Document: Unredacted MOTION for Waiver of Security by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Torres, K.) (Entered: 04/20/2009)

RECAP
16 April 17, 2009

Minute Entry. Proceedings held before Judge Stefan R. Underhill: Motion Hearing held on 4/17/2009 re 3 MOTION for Order to Show Cause, 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Oral ruling issued finding as moot (withdrawn) 2 Motion for TRO; granting 3 Motion for Order to Show Cause. A hearing re MOTION for Preliminary Injunction shall be held on May 11, 2009 at 9:30 a.m. Pretrial Memorandum shall be due 5/6/09 and a Pretrial Conference shall be held on 5/7/09 at 3:30 p.m., Room 411, 915 Lafayette Blvd, Bridgeport, CT. 30 minutes(Court Reporter Susan Catucci.) (Sbalbi, B.) (Entered: 04/21/2009)

RECAP
11 April 20, 2009

NOTICE of Appearance by Mary A. Gambardella on behalf of Quinnipiac Univ (Gambardella, Mary) (Entered: 04/20/2009)

RECAP
12 April 20, 2009

NOTICE of Appearance by Jonathan Bardavid on behalf of Quinnipiac Univ (Bardavid, Jonathan) (Entered: 04/20/2009)

RECAP
April 20, 2009

Summons Issued as to Quinnipiac Univ. (Torres, K.) Modified on 4/22/2009 to edit file date(Torres, K.).

April 20, 2009

Summons Issued

13 April 21, 2009

Memorandum in Opposition re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Quinnipiac Univ. (Bardavid, Jonathan) (Entered: 04/21/2009)

RECAP
14 April 21, 2009

AFFIDAVIT re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Signed By John McDonald filed by Quinnipiac Univ. (Bardavid, Jonathan) (Entered: 04/21/2009)

RECAP
15 April 21, 2009

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephone Conference set for 4/23/2009 at 3:00 PM before Judge Stefan R. Underhill. Counsel for plaintiff shall initiate phone call to chambers (203) 579-5714. (Sbalbi, B.) (Entered: 04/21/2009)

RECAP
17 April 21, 2009

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Trial Brief due by 5/6/2009. Preliminary Injunction Hearing set for 5/11/2009 at 9:30 AM in Courtroom One, 915 Lafayette Blvd., Bridgeport, CT before Judge Stefan R. Underhill. Pretrial Conference set for 5/7/2009 at 3:30 PM in Chambers Room 411, 915 Lafayette Blvd., Bridgeport, CT before Judge Stefan R. Underhill. (Sbalbi, B.) (Entered: 04/21/2009)

RECAP
18 April 22, 2009

CERTIFICATE OF SERVICE by Quinnipiac Univ re 14 Affidavit (Bardavid, Jonathan) (Entered: 04/22/2009)

RECAP
19 April 23, 2009

NOTICE of Appearance by Erick Ignacio Diaz Vazquez on behalf of Quinnipiac Univ (Vazquez, Erick) (Entered: 04/23/2009)

RECAP
33 April 23, 2009

Minute Entry for proceedings held before Judge Stefan R. Underhill: Telephone Status Conference held on 4/23/2009. Total Time: 1 hour(Court Reporter Susan Catucci.) (Sbalbi, B.) (Entered: 05/13/2009)

RECAP
20 April 27, 2009

MOTION for Leave to Appear Pro Hac Vice Attorney Kristen Galles. Filing Fee $25.00. Receipt Number B017790. by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Simpson, T.) (Entered: 04/28/2009)

RECAP
21 April 28, 2009

ORDER granting 20 Motion to Appear Pro Hac Vice Attorney Kristen Galles for L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi and Lesley Riker added. Signed by Clerk on 4/28/09. (Simpson, T.) (Entered: 04/28/2009)

RECAP
May 1, 2009

Minute Entry for proceedings held before Judge Stefan R. Underhill: Telephone Scheduling Conference held on 5/1/2009. 30 minutes(Court Reporter Susan Catucci.) (Sbalbi, B.)

May 1, 2009

Scheduling Conference

22 May 4, 2009

MEMORANDUM of telephone conference re timeliness of plaintiffs' expert disclosure, as required under Rule 26 of the Federal Rules of Civil Procedure. Signed by Judge Stefan R. Underhill on 5/4/09. (Candee, D.) (Entered: 05/05/2009)

RECAP
23 May 5, 2009

MOTION to Dismiss Complaint by Plaintiffs Overdevest and Sparks by Quinnipiac Univ.Responses due by 5/26/2009 (Bardavid, Jonathan) (Entered: 05/05/2009)

RECAP
24 May 5, 2009

Memorandum in Support re 23 MOTION to Dismiss Complaint by Plaintiffs Overdevest and Sparks filed by Quinnipiac Univ. (Bardavid, Jonathan) (Entered: 05/05/2009)

RECAP
25 May 5, 2009

MOTION for Hearing re 23 MOTION to Dismiss Complaint by Plaintiffs Overdevest and Sparks by Quinnipiac Univ. (Attachments: # 1 Memorandum in Support)(S-Candee, D.) (Entered: 05/06/2009)

2 Memorandum in Support

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RECAP
26 May 7, 2009

MOTION to Preclude Testimony of Dr. Lopiano by Quinnipiac Univ.Responses due by 5/28/2009 (Bardavid, Jonathan) (Entered: 05/07/2009)

RECAP
27 May 7, 2009

Memorandum in Support re 26 MOTION to Preclude Testimony of Dr. Lopiano filed by Quinnipiac Univ. (Bardavid, Jonathan) (Entered: 05/07/2009)

RECAP
28 May 7, 2009

TRIAL MEMO Joint by Quinnipiac Univ, Stephanie Biediger, Kristen Corinaldesi, Kayla Lawler, Erin Overdevest, Lesley Riker, Robin Lamott Sparks. (Bardavid, Jonathan) Modified on 5/19/2009 to add filers. (Candee, D.). (Entered: 05/07/2009)

RECAP
May 7, 2009

Minute Entry for proceedings held before Judge Stefan R. Underhill: Pretrial Conference held on 5/7/2009. Total Time: 1 hour and 30 minutes(Court Reporter Susan Catucci.) (Sbalbi, B.)

May 7, 2009

Pretrial Conference

29 May 8, 2009

Supplemental MOTION for Disclosure of Potential Witness by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Hernandez, Alex) (Entered: 05/08/2009)

RECAP
30 May 8, 2009

MOTION to Compel (Letter Re: Work Product Issue Discussed at Pretrial Conference) by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker.Responses due by 5/29/2009 (Orleans, Jonathan) (Entered: 05/08/2009)

RECAP
31 May 8, 2009

Memorandum in Opposition re 4 MOTION for Waiver of Security filed by Quinnipiac Univ. (Gambardella, Mary) (Entered: 05/08/2009)

RECAP
32 May 11, 2009

Minute Entry for proceedings held before Judge Stefan R. Underhill: Motion Hearing held on 5/11/2009 re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Kristen Corinaldesi, Erin Overdevest, Kayla Lawler, Stephanie Biediger, L. R., Robin Lamott Sparks, Lesley Riker. Total Time: 6 hours and 25 minutes(Court Reporter Susan Catucci.) (Sbalbi, B.) (Entered: 05/12/2009)

RECAP
34 May 12, 2009

Minute Entry. Proceedings held before Judge Stefan R. Underhill: Motion Hearing held on 5/12/2009 re 29 Supplemental MOTION for Disclosure, 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 30 MOTION to Compel. Oral ruling issued by Judge Underhill granting 29 Motion for Disclosure; denying as moot 30 Motion to Compel; taking under advisement 2 Motion for Preliminary Injunction. Total Time: 4 hours and 40 minutes(Court Reporter Susan Catucci.) (Sbalbi, B.) (Entered: 05/13/2009)

RECAP
35 May 13, 2009

ORAL MOTION for Judgment as a Matter of Law by Quinnipiac Univ.Responses due by 6/3/2009 (Sbalbi, B.) (Entered: 05/13/2009)

RECAP
36 May 13, 2009

Minute Entry. Proceedings held before Judge Stefan R. Underhill: Motion Hearing held on 5/13/2009 re 35 MOTION for Judgment as a Matter of Law, 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Oral ruling issued by Judge Underhill denying 35 Motion for Judgment as a Matter of Law; taking under advisement 2 Motion for Preliminary Injunction. Total Time: 4 hours and 05 minutes(Court Reporter Susan Catucci.) (Sbalbi, B.) (Entered: 05/13/2009)

RECAP
37 May 14, 2009

MOTION to Strike Testimony of Germaine Fairchild by Quinnipiac Univ.Responses due by 6/4/2009 (Bardavid, Jonathan) (Entered: 05/14/2009)

RECAP
38 May 14, 2009

TRANSCRIPT of Proceedings held on 4/17/09 before Judge Stefan R. Underhill. Court Reporter: Susan E. Catucci. Type of Hearing: Pretrial Conference. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.ctd.uscourts.gov. Redaction Request due 6/4/2009. Redacted Transcript Deadline set for 6/14/2009. Release of Transcript Restriction set for 8/12/2009. (Catucci, S.) (Entered: 05/14/2009)

RECAP
39 May 14, 2009

NOTICE by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker (Orleans, Jonathan) Modified on 5/15/2009 (Simpson, T.). Modified on 5/15/2009 (Simpson, T.). (Entered: 05/14/2009)

RECAP
40 May 14, 2009

NOTICE by Quinnipiac Univ re 39 Notice (Other) Cross-Designation (Bardavid, Jonathan) Modified on 5/15/2009 (Simpson, T.). Modified on 5/15/2009 (Simpson, T.). (Entered: 05/14/2009)

RECAP
41 May 14, 2009

TRIAL MEMO by Quinnipiac Univ. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Affidavit D, # 5 Appendix E)(Bardavid, Jonathan) (Entered: 05/14/2009)

2 Appendix A

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3 Appendix B

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4 Appendix C

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5 Affidavit D

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6 Appendix E

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RECAP
42 May 14, 2009

Proposed Findings of Fact and Conclusions of Law by Quinnipiac Univ. (Bardavid, Jonathan) (Entered: 05/14/2009)

RECAP
43 May 14, 2009

TRIAL MEMO re Preliminary Injunction by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Attachments: # 1 Appendix)(Orleans, Jonathan) (Entered: 05/14/2009)

2 Appendix

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RECAP
44 May 14, 2009

Minute Entry. Proceedings held before Judge Stefan R. Underhill: Motion Hearing held on 5/14/2009 re 26 MOTION to Preclude Testimony, 37 MOTION to Strike, 2 Motion for Preliminary Injunction. Oral ruling issued by Judge Underhilldenying 37 Motion to Strike; taking under advisement 2 Motion for Preliminary Injunction; denying 26 Motion to Preclude. Total Time: 1 hour and 25 minutes(Court Reporter Susan Catucci.) (Sbalbi, B.) (Entered: 05/15/2009)

RECAP
45 May 14, 2009

Marked Witness List by L. R., Robin Lamott Sparks, Quinnipiac Univ, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Sbalbi, B.) (Entered: 05/15/2009)

RECAP
46 May 14, 2009

Marked Exhibit List by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Sbalbi, B.) (Entered: 05/15/2009)

RECAP
47 May 14, 2009

Marked Exhibit List by Quinnipiac Univ. (Sbalbi, B.) (Entered: 05/15/2009)

RECAP
May 15, 2009

Docket Entry Correction re 40 Notice (Other), 39 Notice (Other) MODIFIED BOTH ENTRIES TO NOTE DOCUMENTS ENTERED IN ERROR - PER THE LOCAL RULES, DISCOVERY IS NOT TO BE FILED (Simpson, T.)

May 15, 2009

Docket Entry Correction re 40 Notice (Other), 39 Notice (Other) MODIFIED TO REMOVE ENTERED IN ERROR TEXT. ENTRIES ARE ACCEPTABLE BY THE JUDGE AS IS (Simpson, T.)

May 15, 2009

Docket Annotation

48 May 19, 2009

Proposed Findings of Fact and Conclusions of Law re 2 Motion for Preliminary Injunction by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Orleans, Jonathan) Modified on 5/20/2009 to create link to document # 2 (Candee, D.). (Entered: 05/19/2009)

RECAP
49 May 20, 2009

STIPULATION Regarding Deadlines by L. R., Robin Lamott Sparks, Quinnipiac Univ, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Bardavid, Jonathan) (Entered: 05/20/2009)

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May 20, 2009

Reset Deadlines as to 23 MOTION to Dismiss Complaint by Plaintiffs Overdevest and Sparks. (Responses due by 6/26/2008), Set Deadlines:( Rule 26 Meeting Report due by 6/8/2009) (Candee, D.)

May 20, 2009

Set Motion and Rcmd Ruling Deadlines/Hearings

50 May 21, 2009

ORDER approving Stipulation Regarding Deadlines 49 . Signed by Judge Stefan R. Underhill on 05/21/2009. (Penberthy, Katherine) (Entered: 05/21/2009)

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51 May 22, 2009

ORDER granting 2 Motion for Preliminary Injunction. Signed by Judge Stefan R. Underhill on 05/22/2009. (Penberthy, Katherine)

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52 June 4, 2009

Joint MOTION Reference to Magistrate Judge by L. R., Robin Lamott Sparks, Quinnipiac Univ, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker.Responses due by 6/25/2009 (Orleans, Jonathan) (Entered: 06/04/2009)

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53 June 9, 2009

ORDER granting 52 Motion for referral to Magistrate Judge. Signed by Judge Stefan R. Underhill on 6/9/09. (Sbalbi, B.) (Entered: 06/09/2009)

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54 June 9, 2009

ORDER REFERRING CASE to Magistrate Judge William I. Garfinkel for settlement conference. Signed by Judge Stefan R. Underhill on 6/9/09. (Sbalbi, B.) (Entered: 06/09/2009)

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55 June 10, 2009

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.Telephone Pre-Settlement Conference set for 6/16/2009 @11:30 AM before Judge William I. Garfinkel. Counsel for the plaintiff shall initiate this call. Once all parties are on the line, please contact Chambers at (203)579-5593. A date for the settlement conference will be set during the telephone call. As the Court requires parties or their representatives with settlement authority to attend the settlement conference, counsel should obtain dates of unavailability from their clients over the next 90 days and have their own calendars available to aid in the scheduling. During the telephone call, counsel should be prepared to discuss what information needs to be exchanged and anything else that needs to be accomplished prior to the settlement conference for the discussions to be productive. This telephone conference will not be rescheduled based on requests from counsel. If counsel is not available at the scheduled time, please arrange for coverage by another lawyer who will have the necessary background knowledge to participate. (Sanders, C.) (Entered: 06/10/2009)

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56 June 15, 2009

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion Hearing set for 8/11/2009 at 10:00 AM in Courtroom One, 915 Lafayette Blvd., Bridgeport, CT before Judge Stefan R. Underhill. Please see attached calendar for further details. (Sbalbi, B.) (Entered: 06/15/2009)

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57 June 16, 2009

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Settlement Conference is scheduled for July 27, 2009 @ 9:30 AM before The Honorable William I. Garfinkel in courtroom 437, 4th Floor, 915 Lafayette Blvd., Bridgeport, CT 06604. Counsel shall check in with Judge Garfinkel's chambers, room 429 prior to the conference. PLEASE REVIEW THE SETTLEMENT CONFERENCE ORDER ATTACHED. (Sanders, C.) (Entered: 06/16/2009)

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58 June 16, 2009

Minute Entry for proceedings held before Judge William I. Garfinkel: Telephone Pre-Settlement Conference held on 6/16/2009. 15 minutes (Sanders, C.) (Entered: 06/16/2009)

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59 June 19, 2009

MOTION to Continue /Postpone Oral Argument Re: 23 Motion to Dismiss by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Orleans, Jonathan) Modified on 6/22/2009 to create link to document # 23 (Candee, D.). (Entered: 06/19/2009)

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60 June 19, 2009

MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss Complaint by Plaintiffs Overdevest and Sparks until July 15, 2009 by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Orleans, Jonathan) (Entered: 06/19/2009)

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61 June 24, 2009

ORDER granting 59 Motion to Continue motion hearing; granting 60 Motion for Extension of Time to File Response/Reply re 23 MOTION to Dismiss. (Responses due by 7/15/2009). Motion Hearing is rescheduled for September 2, 2009 at 11:00 a.m. Signed by Judge Stefan R. Underhill on 6/24/09. (Sbalbi, B.) (Entered: 06/24/2009)

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62 June 24, 2009

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion Hearing rescheduled for 9/2/2009 at 11:00 AM in Courtroom One, 915 Lafayette Blvd., Bridgeport, CT before Judge Stefan R. Underhill (Sbalbi, B.) (Entered: 06/24/2009)

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63 July 14, 2009

Third MOTION for Extension of Time to File Response/Reply (Opposition) on Consent as to 23 MOTION to Dismiss Complaint by Plaintiffs Overdevest and Sparks until July 24, 2009 by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Orleans, Jonathan) (Entered: 07/14/2009)

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64 July 15, 2009

ORDER granting 63 Motion for Extension of Time to File Response/Reply re 23 MOTION to Dismiss. Responses due by 7/24/2009. Signed by Judge Stefan R. Underhill on 7/15/09. (Sbalbi, B.) (Entered: 07/15/2009)

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July 17, 2009

Acknowledgement of Receipt of Exhibits by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Sbalbi, B.)

July 17, 2009

Acknowledgment of Receipt

65 July 21, 2009

MOTION for Leave to Appear Pro Hac Vice re: Attorney Edward A. Brill. Filing Fee $25.00. Receipt Number B018218, by Quinnipiac Univ. (Attachments: # 1 Affidavit) (Heard, J.) (Entered: 07/21/2009)

2 Affidavit

View on PACER

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66 July 21, 2009

ORDER granting 65 Motion to Appear Pro Hac Vice re: Attorney Edward A. Brill for Quinnipiac Univ added. Signed by Clerk on 7/21/2009. (Heard, J.) (Entered: 07/21/2009)

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67 July 23, 2009

Acknowledgement of Receipt of Exhibits by Quinnipiac Univ. (Sbalbi, B.) (Entered: 07/23/2009)

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68 July 24, 2009

Memorandum in Opposition re 23 MOTION to Dismiss Complaint by Plaintiffs Overdevest and Sparks filed by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Orleans, Jonathan) (Entered: 07/24/2009)

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69 July 27, 2009

Minute Entry for proceedings held before Judge William I. Garfinkel: Settlement Conference held on 7/27/2009. Case not settled. Counsel will contact the court for a follow-up. Total Time: 4 hours and 30 minutes (Sanders, C.) (Entered: 07/27/2009)

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70 Aug. 4, 2009

Consent MOTION for Extension of Time until 08/14/2009 To File Reply 68 Memorandum in Opposition to Motion by Quinnipiac Univ. (Bardavid, Jonathan) (Entered: 08/04/2009)

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71 Aug. 5, 2009

ORDER granting 70 Motion for Extension of Time. Signed by Judge Stefan R. Underhill on 08/05/09. (Shonka, N.) (Entered: 08/05/2009)

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72 Aug. 13, 2009

MOTION to Withdraw Without Prejudice Its 23 Motion Dismiss Complaint by Plaintiff Robin Sparks by Quinnipiac Univ. (Gambardella, Mary) Modified on 8/17/2009 to create link to document # 23 (Candee, D.). (Entered: 08/13/2009)

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73 Aug. 17, 2009

ORDER granting 72 Motion to Withdraw 23 MOTION to Dismiss Complaint. Signed by Judge Stefan R. Underhill on 8/17/09. (Sbalbi, B.) (Entered: 08/17/2009)

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74 Aug. 17, 2009

ORDER re (withdrawn) 23 Motion to Dismiss; finding as moot 25 Motion for Hearing. Signed by Judge Stefan R. Underhill on 8/17/09. (Sbalbi, B.) (Entered: 08/17/2009)

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75 Aug. 31, 2009

MOTION for Leave to Appear Pro Hac Vice for Attorney Susan D. Friedfel. Filing Fee $25.00. Receipt Number B018419 by Quinnipiac Univ. (Candee, D.) (Entered: 09/04/2009)

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76 Sept. 4, 2009

ORDER granting 75 Motion to Appear Pro Hac Vice for Attorney Susan D. Friedfel. Signed by Clerk on 9/4/09. (Candee, D.) (Entered: 09/04/2009)

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77 Sept. 15, 2009

NOTICE TO COUNSEL - Parties are to file a Form 26(f) report by 10/5/09 along with a written statement signed by all counsel and pro se parties explaining why sanctions should not be imposed for the parties' failure to comply with Local Rule 26(f). Failure to comply with this order will result in dismissal of the complaint. Signed by Clerk on 9/15/09. (Candee, D.) Modified on 9/17/2009 (Candee, D.). (Entered: 09/17/2009)

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78 Sept. 17, 2009

REPORT of Rule 26(f) Planning Meeting. (Orleans, Jonathan) (Entered: 09/17/2009)

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Sept. 17, 2009

Docket Entry Correction - Docket entry 77 Notice modified to indicate correct signature on document. (Candee, D.)

Sept. 17, 2009

Docket Annotation

79 Oct. 1, 2009

NOTICE of Appearance by Susan D. Friedfel on behalf of Quinnipiac Univ (Friedfel, Susan) (Entered: 10/01/2009)

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80 Oct. 2, 2009

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Status Conference set for 10/22/2009 at 2:00 PM in Chambers Room 411, 915 Lafayette Blvd., Bridgeport, CT before Judge Stefan R. Underhill. (Yaster, B.) (Entered: 10/02/2009)

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81 Oct. 6, 2009

TRANSCRIPT of Proceedings held on 5/11/09 before Judge Stefan R. Underhill. Court Reporter: Susan E. Catucci. Type of Hearing: Jury Trial (Morning Session). NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.ctd.uscourts.gov. Redaction Request due 10/27/2009. Redacted Transcript Deadline set for 11/6/2009. Release of Transcript Restriction set for 1/4/2010. (Catucci, S.) (Entered: 10/06/2009)

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82 Oct. 6, 2009

TRANSCRIPT of Proceedings held on 5/11/09 before Judge Stefan R. Underhill. Court Reporter: Susan E. Catucci. Type of Hearing: Preliminary Injunction Hearing (Afternoon Session). NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.ctd.uscourts.gov. Redaction Request due 10/27/2009. Redacted Transcript Deadline set for 11/6/2009. Release of Transcript Restriction set for 1/4/2010. (Catucci, S.) (Entered: 10/06/2009)

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83 Oct. 6, 2009

TRANSCRIPT of Proceedings held on 5/12/09 before Judge Stefan R. Underhill. Court Reporter: Susan E. Catucci. Type of Hearing: Preliminary Injunction Hearing (Part 1). NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.ctd.uscourts.gov. Redaction Request due 10/27/2009. Redacted Transcript Deadline set for 11/6/2009. Release of Transcript Restriction set for 1/4/2010. (Catucci, S.) (Entered: 10/06/2009)

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84 Oct. 6, 2009

TRANSCRIPT of Proceedings held on 5/12/09 before Judge Stefan R. Underhill. Court Reporter: Susan E. Catucci. Type of Hearing: Preliminary Injunction hearing (Part 2). NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.ctd.uscourts.gov. Redaction Request due 10/27/2009. Redacted Transcript Deadline set for 11/6/2009. Release of Transcript Restriction set for 1/4/2010. (Catucci, S.) (Entered: 10/06/2009)

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85 Oct. 6, 2009

TRANSCRIPT of Proceedings held on 5/12/09 before Judge Stefan R. Underhill. Court Reporter: Susan E. Catucci. Type of Hearing: Preliminary Injunction Hearing (Part 3). NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.ctd.uscourts.gov. Redaction Request due 10/27/2009. Redacted Transcript Deadline set for 11/6/2009. Release of Transcript Restriction set for 1/4/2010. (Catucci, S.) (Entered: 10/06/2009)

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Case Details

State / Territory:

Connecticut

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 16, 2009

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All present, prospective, and future female students at Quinnipiac University who are harmed by and want to end Quinnipiac University’s sex discrimination in: (1) the allocation of athletic participation opportunities; (2) the allocation of athletic financial assistance; and (3) the allocation of benefits provided to varsity athletes.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

Quinnipiac University

Defendant Type(s):

College/University

Facility Type(s):

Non-government non-profit

Case Details

Causes of Action:

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

Other Dockets:

District of Connecticut 3:09-cv-00621

U.S. Court of Appeals for the Second Circuit 10-03302

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Monitoring

Monitor/Master

Preliminary relief granted

Recordkeeping

Reporting

Amount Defendant Pays: $2,115,000

Issues

General/Misc.:

Funding

Discrimination Area:

Sports

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

Recommended Citation