Case: Cruz v. Alhambra School District

2:04-cv-01460 | U.S. District Court for the Central District of California

Filed Date: March 4, 2004

Clearinghouse coding complete

Case Summary

On March 4, 2004, parents, as next friends of their minor daughters, individually and on behalf of all those similarly situated, filed a lawsuit in the United States District Court for the Central District of California under state law and under 42 U.S.C. § 1983 and Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq. against Alhambra Unified School District (AUSD) and individual District Board members and employees and the City of Alhambra. Plaintiffs, represented by attor…

On March 4, 2004, parents, as next friends of their minor daughters, individually and on behalf of all those similarly situated, filed a lawsuit in the United States District Court for the Central District of California under state law and under 42 U.S.C. § 1983 and Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq. against Alhambra Unified School District (AUSD) and individual District Board members and employees and the City of Alhambra. Plaintiffs, represented by attorneys from the California Women's Law Center and the Legal Aid Society--Employment Law Center, asked the court for declaratory and injunctive relief, claiming that AUSD had violated Title IX of the Education Amendment of 1972, 20 U.S.C. § 1681 by denying female student athletes' equal treatment and benefits in comparison with male student athletes.

Specifically, plaintiffs claimed that AUSD had discriminated against plaintiffs' daughters and all similarly situated in the funding of athletics; the granting of opportunities to participate in athletics; provision to teams of publicity and support; access to weight training facilities; the scheduling of games and practice times; the hiring of coaches; and the provision of locker rooms and facilities for both practice and competition. Plaintiffs' motion for class certification for injunctive relief was granted by the Court (District Judge Dickran Tevrizian) on October 4, 2004. On March 4, 2005, the Court (District Judge Dickran Tevrizian) deemed filed and served plaintiffs' only amended complaint, previously lodged with the Court on February 16, 2005.

On December 19, 2005, the Court (District Judge Dickran Tevrizian) preliminarily approved parties' settlement agreement that settled all claims, except that the court would retain exclusive and continuing jurisdiction over the City of Alhambra until they made a certain payment of money and over the District defendants until the end of the specified compliance period; the parties also agreed to submit the issue of attorneys' fees and costs to be awarded to the court for determination on the basis of briefs submitted. On January 31, 2006, the Court (District Judge Dickran Tevrizian) finally approved the settlements. On February 27, 2006, the Court (District Judge Dickran Tevrizian) awarded plaintiffs half of the attorneys' fees they requested. Plaintiffs filed a 59(e) motion for reconsideration and would eventually appeal the Court's determination of fees. On May 1, 2006, the Court (District Judge Dickran Tevrizian) dismissed the case, retaining continuing and exclusive jurisdiction to enforce the agreements' terms and the authority to make all orders necessary to enforce compliance with the agreements' terms.

On July 23, 2008, the Court of Appeals for the Ninth Circuit (District Judge Leighton, and Circuit Judges Prescott and Wardlaw) awarded plaintiffs' motion for attorneys' fees and costs on appeal, vacating and remanding to the District Court for the Central District of California plaintiffs' request for attorneys' fees incurred prior to the filing of the Rule 59(e) motion. On March 3, 2009, the District Court for the Central District of California (District Chief Judge Audrey B. Collins) awarded plaintiffs the full amount sought for attorneys' fees prior to the filing of the Rule 59(e) motion and for attorneys' fees on remand. On January 28, 2010, Appellate Commissioner Peter Shaw determined and granted appellants' attorneys' fees.

On August 3, 2012, the Court (Judge Audrey B. Collins) granted in part defendants' motion to terminate the Court's continuing jurisdiction, retaining jurisdiction over the section of the settlement requiring defendants to provide equal athletic participation opportunities to girls until that section was satisfied. On December 12, 2013, the Court (Judge Audrey B. Collins) determined that defendants had fulfilled all of their obligations under the settlement agreement, and dismissed the case with prejudice.

The settlement agreements provided for a grievance policy, Title IX training, and future monitoring of defendants, who agreed therein to create two new softball fields; dedicate new locker room facilities for female students; provide equal access to weight rooms and other facilities, as well as for desirable practice and game times; equitable funding and fund-raising opportunities; equitable publicity; and enhanced coaching.

The case was closed on December 12, 2013.

Summary Authors

Heather Turner (3/10/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7745826/parties/lauren-m-cruz-v-alhambra-school-district/


Judge(s)
Attorney for Plaintiff

Barker, Vicky L. (California)

Center, Claudia B. (California)

Attorney for Defendant

Allen, John W. (California)

Barlow, Kimberly Hall (California)

Capizzi, Michael R (California)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

2:04-cv-01460

Docket [PACER]

Dec. 13, 2011

Dec. 13, 2011

Docket
1

2:04-cv-01460

Class Action Complaint for Injunctive and Declaratory Relief

March 4, 2004

March 4, 2004

Complaint
51

2:04-cv-01460

Order Granting Plaintiffs' Motion for Class Certification for Injunctive Relief

Oct. 4, 2004

Oct. 4, 2004

Order/Opinion
149

2:04-cv-01460

Order Granting Plaintiffs' Motion for Award of Reasonable Attorneys' Fees and Costs

Feb. 27, 2006

Feb. 27, 2006

Order/Opinion
150

2:04-cv-01460

Order Granting In Part Plaintiffs' Motion for Reasonable Attorneys' Fees and Costs

Feb. 27, 2006

Feb. 27, 2006

Order/Opinion
171

2:04-cv-01460

Order of Dismissal with Continuing Jurisdiction

May 1, 2006

May 1, 2006

Order/Opinion
187

2:04-cv-01460

06-55811

Memorandum [On Plaintiffs' Appeal of District Court's Award of Attorneys' Fees and Costs]

Cruz v. Alhambra

U.S. Court of Appeals for the Ninth Circuit

July 7, 2008

July 7, 2008

Order/Opinion

282 Fed.Appx. 578

194

2:04-cv-01460

Order [Granting Plaintiff-Appellants' Motion for Attorneys' Fees and Costs on Appeal]

U.S. Court of Appeals for the Ninth Circuit

July 23, 2008

July 23, 2008

Order/Opinion
205

2:04-cv-01460

Order Re: Attorney Fees and Costs

March 3, 2009

March 3, 2009

Order/Opinion

601 F.Supp.2d 1183

207

2:04-cv-01460

Order [Determining Amount of Plaintiff-Appellants' Attorneys' Fees and Costs]

U.S. Court of Appeals for the Ninth Circuit

Jan. 28, 2010

Jan. 28, 2010

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7745826/lauren-m-cruz-v-alhambra-school-district/

Last updated April 8, 2025, 11:06 a.m.

ECF Number Date Description Link
March 4, 2004

20−Day Summons Issued re Complaint − (Discovery) 1 as to Alhambra City of, Alhambra School District, Ruth E Castro, Robert L Gin, Russell Lee−Sung, Barbara A Messina, John H Nunez, Victor Sandoval, Lou Torres, William A Vallejos. (jag, ) (Entered: 03/10/2004)

PACER
March 4, 2004

FAX number for Attorney Claudia Center, Elizabeth Kristen, Patricia A Shiu is 415−864−8199. (jag, ) (Entered: 03/10/2004)

PACER
March 4, 2004

FAX number for Attorney Vicky L Barker, Nancy M Solomon is 213−637−9909. (jag, ) (Entered: 03/10/2004)

PACER
1 March 4, 2004

COMPLAINT against defendants (Filing fee $150.) filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera.(jag, ) (Entered: 03/10/2004)

RECAP
2 March 4, 2004

CERTIFICATE of Interested Parties filed by Plaintiffs (jag, ) (Entered: 03/10/2004)

RECAP
March 4, 2004

FAX number for Attorney Vicky L Barker, Nancy M Solomon is 213-637-9909. (jag, )

March 4, 2004

(TERMED)Fax Number

March 4, 2004

20-Day Summons Issued re Complaint - (Discovery) 1 as to Alhambra City of, Alhambra School District, Ruth E Castro, Robert L Gin, Russell Lee-Sung, Barbara A Messina, John H Nunez, Victor Sandoval, Lou Torres, William A Vallejos. (jag, )

March 4, 2004

Summons Issued

March 4, 2004

FAX number for Attorney Claudia Center, Elizabeth Kristen, Patricia A Shiu is 415-864-8199. (jag, )

3 March 5, 2004

STANDING ORDER WITH REGARD TO NEWLY ASSIGNED CASES. This action has been assigned to the calendar of Judge Dickran Tevrizian. The responsibility for the progress of litigation in the Federal Courts falls not only upon the attorneys in this action, but upon the Court as well. "To secure the just, speedy, and inexpensive determination of every action," Federal Rule of Civil Procedure 1, all counsel are hereby ordered to familiarize themselves with the Federal Rules of Civil Procedure, particularly Federal Rules of Civil Procedure 16, 26 and the Local Rules of the Central District of California by Judge Dickran Tevrizian, (See order for further details)(shb, ) (Entered: 03/10/2004)

RECAP
March 31, 2004

FAX number for Attorney John W Allen is 310−410−2010. (jp, ) (Entered: 04/01/2004)

PACER
4 March 31, 2004

ANSWER to Complaint - (Discovery) 1 filed by defendants Alhambra School District, Ruth E Castro, Robert L Gin, Russell Lee-Sung, Barbara A Messina, John H Nunez, Victor Sandoval, Lou Torres, William A Vallejos.(jp, ) (Entered: 04/01/2004)

RECAP
5 March 31, 2004

NOTICE of Interested Parties filed by Defendants Alhambra School District, Ruth E Castro, Robert L Gin, Russell Lee-Sung, Barbara A Messina, John H Nunez, Victor Sandoval, Lou Torres, William A Vallejos. (jp, ) (Entered: 04/01/2004)

RECAP
March 31, 2004

(TERMED)Fax Number

March 31, 2004

FAX number for Attorney John W Allen is 310-410-2010. (jp, )

6 April 1, 2004

ORDER SETTING SCHEDULING CONFERENCE by Judge Dickran Tevrizian that this matter is set for a Scheduling Conference on 6/1/2004 10:00 AM before Honorable Dickran Tevrizian.(jp, ) (Entered: 04/02/2004)

RECAP
7 April 8, 2004

PROOF OF SERVICE Executed filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera, upon defendant Robert L Gin served on 3/11/2004, answer due 3/31/2004. The Summons and Complaint were served by Substituted service and by mail on 3/11/2004, by Federal statute, upon Vicky Yum, Risk Management Department, Authorized to Accep Service of proces. Due Dilligence declaration attached. Original Summons not returned. (jp, ) (Entered: 04/12/2004)

RECAP
8 April 8, 2004

PROOF OF SERVICE Executed filed plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera, upon defendant Lou Torres served on 3/11/2004, answer due 3/31/2004. The Summons and Complaint were served by Substituted service, by Federal statute, upon Vicky Yum, Risk Management Department, Authorized to Accept Service of Process. Due Dilligence declaration attached. Original Summons not returned. (jp, ) (Entered: 04/12/2004)

RECAP
9 April 8, 2004

PROOF OF SERVICE Executed filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera, upon defendant Victor Sandoval served on 3/11/2004, answer due 3/31/2004. The Summons and Complaint were served by Substituted service and by mail on 3/11/2004, by Federal statute, upon Vicky Yum, Risk Management Department, Authorized to Accept Service of Process. Due Dilligence declaration attached. Original Summons not returned. (jp, ) (Entered: 04/12/2004)

RECAP
10 April 8, 2004

PROOF OF SERVICE Executed filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera, upon defendant Alhambra School District served on 3/11/2004, answer due 3/31/2004. The Summons and Complaint were served by Personal service, by Federal statute, upon Vicky Yum, Risk Management Department, Authorized to accept service of process. Due Dilligence declaration not attached. Original Summons not returned. (jp, ) (Entered: 04/12/2004)

RECAP
11 April 8, 2004

PROOF OF SERVICE Executed filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera, upon defendant Russell Lee-Sung served on 3/11/2004, answer due 3/31/2004. The Summons and Complaint were served by Substituted service and by mail on 3/11/2004, by Federal statute, upon Vicky Yum, Risk Management Department, Authorized to accept service of process. Due Dilligence declaration attached. Original Summons not returned. (jp, ) (Entered: 04/12/2004)

RECAP
12 April 8, 2004

PROOF OF SERVICE Executed filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera, upon defendant City of Alhambra served on 3/11/2004, answer due 3/31/2004. The Summons and Complaint were served by Personal service, by Federal statute, upon Vicky Yum, Risk Management Department, Authorized to accept service of process. Due Dilligence declaration not attached. Original Summons not returned. (jp, ) (Entered: 04/12/2004)

RECAP
13 April 8, 2004

PROOF OF SERVICE Executed filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera, upon defendant William A Vallejos served on 3/11/2004, answer due 3/31/2004. The Summons and Complaint were served by Substituted service and by mail on 3/11/2004, by Federal statute, upon Vicky Yum, Risk Management Department, Authorized to accept service of process. Due Dilligence declaration attached. Original Summons not returned. (jp, ) (Entered: 04/12/2004)

RECAP
14 April 8, 2004

PROOF OF SERVICE Executed filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera, upon defendant John H Nunez served on 3/11/2004, answer due 3/31/2004. The Summons and Complaint were served by Substituted service and by mail on 3/11/2004, by Federal statute, upon Vicky Yum, Risk Management Department, Authorized to accept service of process. Due Dilligence declaration attached. Original Summons not returned. (jp, ) (Entered: 04/12/2004)

RECAP
15 April 8, 2004

PROOF OF SERVICE Executed filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera, upon defendant Barbara A Messina served on 3/11/2004, answer due 3/31/2004. The Summons and Complaint were served by Substituted service and by mail on 3/11/2004, by Federal statute, upon Vicky Yum, Risk Management Department, Authorized to accept service of process. Due Dilligence declaration attached. Original Summons not returned. (jp, ) (Entered: 04/12/2004)

RECAP
16 April 8, 2004

PROOF OF SERVICE Executed filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera, upon defendant Ruth E Castro served on 3/11/2004, answer due 3/31/2004. The Summons and Complaint were served by Substituted service and by mail on 3/11/2004, by Federal statute, upon Vicky Yum, Risk Management Department, Authorized to accept service of process. Due Dilligence declaration attached. Original Summons not returned. (jp, ) (Entered: 04/12/2004)

RECAP
17 April 21, 2004

NOTICE of Stipulation of extension of time to respond or otherwise answer complaint filed by defendant Alhambra City of. (jp, ) (Entered: 04/22/2004)

RECAP
18 April 21, 2004

ANSWER to Complaint - (Discovery) 1 filed by defendant Alhambra City of.(jp, ) (Entered: 04/22/2004)

RECAP
19 April 21, 2004

NOTICE of Interested Parties filed by Defendant Alhambra City of. (jp, ) (Entered: 04/22/2004)

RECAP
20 May 3, 2004

JOINT REPORT OF EARLY MEETING OF COUNSEL regarding Rule 26(f) Discovery Plan filed; estimated length of trial by parties 15 days. (esa, ) (Entered: 05/06/2004)

RECAP
21 June 1, 2004

MINUTES before Judge Dickran Tevrizian: SCHEDULING CONFERENCE is held. The Court sets the following dates: Discovery cut-off 1/28/2005. Motion for class certification 8/30/2004 10:00 AM. Pretrial Conference and Court Trial setting (Estimate 10 days) set for 5/2/2005 01:30 PM. Counsel given copy of Court scheduling conference order regarding court trials. Counsel are adivsed of Local Rule 16-14. Court Reporter: Lori Muraoka. (jp, ) (Entered: 06/08/2004)

RECAP
22 June 1, 2004

ORDER FOR COURT TRIAL by Judge Dickran Tevrizian that the Establishing a Discovery cut-off 1/28/2005. Setting the Final Pretrial Conference and Court Trial for 5/2/2005 01:30 PM. Re: Preparation for Court Trial: Findings of Fact and Exhibits. All motions to join other parties or to amend the pleadings shall be filed and served within Sixty (60) days of the date of this Order and noticed for hearing within Ninety (90). Motions for summary judgment or partial summary judgment may be filed later than fifteen (15) days after the discovery cut-off date. All depositions shall be scheduled at least five (5) working days prior to the discovery cutoff date. All requests for production, admissions, etc., shall be served at least forty-five (45) days prior to the discovery cutoff date (see document for further details).(jp, ) (Entered: 06/08/2004)

RECAP
23 July 19, 2004

STIPULATION AND ORDER that the schedule for plaintiffs motion for class certification be revised: Last day for plaintiffs to file and personally serve notice of motion 9/13/04; last day for defendants to file and personally serve opposition 9/20/04; Last day for plaintiffs to file and personally serve reply 9/27/04; Hearing on motion 10/4/04 by Judge Dickran Tevrizian :(pj, ) (Entered: 07/28/2004)

RECAP
24 Sept. 13, 2004

NOTICE OF MOTION AND MOTION for Class Certification filed by plaintiffs. Motion set for hearing on 10/4/2004 at 10:00 AM before Honorable Dickran Tevrizian. Lodged Proposed Order. (nhac, ) (Entered: 09/17/2004)

RECAP
25 Sept. 13, 2004

MEMORANDUM of Points and Authorities in Support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

RECAP
26 Sept. 13, 2004

DECLARATION of Claudia Center in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

RECAP
27 Sept. 13, 2004

DECLARATION of Virginia Molina in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

RECAP
28 Sept. 13, 2004

DECLARATION of Elizabeth Kristen in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

RECAP
29 Sept. 13, 2004

DECLARATION of Vicky L. Barker in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

RECAP
30 Sept. 13, 2004

DECLARATION of Nancy Solomon in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

RECAP
31 Sept. 13, 2004

DECLARATION of Patricia A Shiu in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

RECAP
32 Sept. 13, 2004

DECLARATION of Lauren Cruz in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

RECAP
33 Sept. 13, 2004

DECLARATION of Tom O'Dell in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

RECAP
34 Sept. 13, 2004

DECLARATION of Tina Grempel in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

RECAP
35 Sept. 13, 2004

DECLARATION of Valerie Herrera in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

RECAP
36 Sept. 13, 2004

DECLARATION of Catherine Grempel in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

RECAP
37 Sept. 13, 2004

DECLARATION of Christopher Grempel in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

RECAP
38 Sept. 13, 2004

DECLARATION of Jennifer Cerros in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

RECAP
39 Sept. 13, 2004

PROOF OF SERVICE filed by plaintiffs. The following documents along with other documents were served on 9/13/04: Plaintiffs Notice of Motion and Motion for Class Certification 24 ; Memorandum of Points and Authorities in support of motion 25 ; Declaration of Claudia Center in support of Motion for Class Certification 26 . See documents for further details.(nhac, ) (Entered: 09/17/2004)

RECAP
40 Sept. 20, 2004

OPPOSITION to MOTION for Class Certification 24 filed by defendants Alhambra School District, Ruth E Castro, Robert L Gin, Russell Lee-Sung, Barbara A Messina, John H Nunez, Victor Sandoval, Lou Torres, William A Vallejos. (jp, ) (Entered: 09/22/2004)

RECAP
41 Sept. 20, 2004

DECLARATION of NANCY MAHAN-LAMB in support of defendants Opposition to plaintiff MOTION for Class Certification 24 filed by defendant Alhambra School District, Ruth E Castro, Robert L Gin, Russell Lee-Sung, Barbara A Messina, John H Nunez, Victor Sandoval, Lou Torres, William A Vallejos. (jp, ) (Entered: 09/22/2004)

RECAP
42 Sept. 20, 2004

DECLARATION of GARY ROBERT GIBEAUT in support of defendant Opposition to plaintiff MOTION for Class Certification 24 filed by defendants Alhambra School District, Ruth E Castro, Russell Lee-Sung, Barbara A Messina, John H Nunez, Victor Sandoval, Lou Torres, William A Vallejos. (jp, ) (Entered: 09/22/2004)

RECAP
43 Sept. 20, 2004

OBJECTIONS to Declarations of plaintiff in support of MOTION for Class Certification 24 filed by defendants Alhambra School District, Ruth E Castro, Robert L Gin, Russell Lee-Sung, Barbara A Messina, John H Nunez, Victor Sandoval, Lou Torres, William A Vallejos. (jp, ) (Entered: 09/22/2004)

RECAP
44 Sept. 20, 2004

OPPOSITION to plaintiffs MOTION for Class Certification 24 ; JOINDER to Alhambra School District et al. Opposition to Motion for Class Certification filed by defendant Alhambra City of. (jp, ) (Entered: 09/22/2004)

RECAP
45 Sept. 27, 2004

REPLY to defendants untimely submission Opposition for Class Certification 24 filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera. (jp, ) (Entered: 09/28/2004)

RECAP
46 Sept. 27, 2004

RESPONSE to defendant Untimely Objection to Declaration of Plaintiffs in support of MOTION for Class Certification 24 filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera. (jp, ) (Entered: 09/28/2004)

RECAP
47 Sept. 27, 2004

DECLARATION of CLAUDIA CENTER in support of Reply to defendants untimely submission opposing Class Certification 24 filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera. (jp, ) (Entered: 09/28/2004)

RECAP
48 Sept. 27, 2004

DECLARATION of PATRICIA A. SHIU in support of plaintiffs Reply to defendants untimely submissions opposing Class Certification 24 filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera. (jp, ) (Entered: 09/28/2004)

RECAP
49 Sept. 27, 2004

DECLARATION of NANCY SOLOMON in support of plaintiffs Reply to defendants untimely submissions opposing Class Certification 24 filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera. (jp, ) (Entered: 09/28/2004)

RECAP
50 Sept. 27, 2004

PROOF OF SERVICE filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera re 47 Declaration of CLAUDIA CENTER in support of Reply to defendants untimely submission opposing Class Certification, 48 Declaration of PATRICIA A. SHIU in support of plaintiffs Reply to defendants untimely submissions opposing Class Certification, 49 Declaration of NANCY SOLOMON in support of plaintiffs Reply to defendants untimely submissions opposing Class Certification, 45 REPLY to defendants untimely submission Opposition for Class Certification, 46 Response to defendant Untimely Objection to Declaration of Plaintiffs in support of MOTION for Class Certification, was served on 9/27/2004. (jp, ) (Entered: 09/28/2004)

RECAP
51 Oct. 4, 2004

ORDER: This court hereby grants plaintiffs' motion for class certification for prospective injunctive relief. The court certifies the plaintiff class as all present and future Alhambra High School female students and potential students who participate, seek to participate, and/or are deterred from participating in athletics at AHS. Judge Dickran Tevrizian 24 (bp, ) (Entered: 10/06/2004)

RECAP
52 Oct. 4, 2004

MINUTES: Plaintiff's motion for class certification. Hearing held on the above-referenced matter. The court orders the motion, granted. Judge Dickran Tevrizian :Court Reporter: Lori Muraoka. (bp, ) (Entered: 10/06/2004)

RECAP
53 Dec. 20, 2004

PROOF OF SERVICE filed by plaintiffs Jennifer N Cerros, Catherine Grempel, Lauren M Cruz, Valerie Herrera stipulation and proposed order for extension of time was served on 12/17/2004. (pj, ) (Entered: 12/22/2004)

RECAP
54 Dec. 21, 2004

JOINT STIPULATION AND ORDER REGARDING EXTENSION OF TIME FOR CLOSE OF DISCOVERY by Judge Dickran Tevrizian that the Court hereby extends the Discovery Cutoff date to 5/15/2005, and the Pretrial Conference date to 9/19/2005 at 01:30 PM. (jp, ) (Entered: 12/22/2004)

RECAP
55 Dec. 27, 2004

NOTICE of Association of Counsel associating attorney Elizabeth R Feffer on behalf of Defendant Alhambra City of. Filed by defendant City of Alhambra (bp, ) (Entered: 01/04/2005)

RECAP
56 Feb. 11, 2005

STIPULATION AND ORDER that formal discovery in this matter is hereby stayed until 3/19/05. The court hereby extends the discovery cut off date to 11/15/05, and the pre-trial and trial setting conference date to 3/20/06 by Judge Dickran Tevrizian.(bp, ) (Entered: 02/15/2005)

RECAP
57 Feb. 16, 2005

NOTICE OF MOTION AND MOTION for Leave to File Amended Complaint pursuant to FRCP 15(a) filed by plaintiffs Jennifer N Cerros, Catherine Grempel, Lauren M Cruz, Valerie Herrera. Motion set for hearing on 3/14/2005 at 10:00 AM before Honorable Dickran Tevrizian. Lodged Proposed Order and Amended Complaint. (jp, ) (Entered: 02/18/2005)

RECAP
58 Feb. 16, 2005

MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION for Leave to File Amended Complaint 57 filed by plaintiffs Jennifer N Cerros, Catherine Grempel, Lauren M Cruz, Valerie Herrera. (jp, ) (Entered: 02/18/2005)

RECAP
59 Feb. 16, 2005

DECLARATION of CLAUDIA CENTER in support of MOTION for Leave to File Amended Complaint 57 filed by plaintiffs Jennifer N Cerros, Catherine Grempel, Lauren M Cruz, Valerie Herrera. (jp, ) (Entered: 02/18/2005)

RECAP
60 Feb. 16, 2005

PROOF OF SERVICE filed by plaintiffs Jennifer N Cerros, Catherine Grempel, Lauren M Cruz, Valerie Herrera re MOTION for Leave to File Amended Complaint 57, Memorandum in Support of MOTION for Leave to File Amended Complaint 58, Declaration of CLAUDIA CENTER in support of MOTION for Leave to File Amended Complaint 59, was served on 2/15/2005. (jp, ) (Entered: 02/18/2005)

RECAP
61 Feb. 24, 2005

NOTICE OF NON-OPPOSITION to MOTION for Leave to File 57 filed by defendants' Alhambra School District, Russell Lee-Sung, Victor Sandoval, Lou Torres, William A Vallejos. (bp, ) (Entered: 02/25/2005)

RECAP
62 Feb. 28, 2005

OPPOSITION to MOTION for Leave to File 57 filed by defendant Alhambra City of. (bp, ) (Entered: 03/01/2005)

RECAP
63 March 7, 2005

REPLY to defendant opposition to MOTION for Leave to File 57 filed by plaintiffs' Jennifer N Cerros, Catherine Grempel, Lauren M Cruz, Valerie Herrera. (bp, ) (Entered: 03/09/2005)

RECAP
64 March 7, 2005

DECLARATION of Claudia Center in support of MOTION for Leave to File 57 filed by plaintiff Lauren M Cruz. (bp, ) (Entered: 03/09/2005)

RECAP
65 March 7, 2005

DECLARATION of Elizabeth Kristen in support of motion for Leave to File 57 filed by plaintiff Lauren M Cruz. (bp, ) (Entered: 03/09/2005)

RECAP
66 March 7, 2005

PROOF OF SERVICE filed by plaintiffs' Lauren M Cruz. re Reply (Motion related) 63, Declaration (Motion related) 64, Declaration (Motion related) 65, was served on 3/4/05. (bp, ) (Entered: 03/09/2005)

RECAP
67 March 10, 2005

STIPULATION AND ORDER that the hearing on plaintffs' motion for leave to amend the complaint is hereby set for 4/4/05 at 10:00 a.m. by Judge Dickran Tevrizian.(bp, ) (Entered: 03/15/2005)

RECAP
68 April 1, 2005

DECLARATION of Claudia Center in support of MOTION for Leave to File 57 filed by plaintiff Lauren M Cruz. (bp, ) (Entered: 04/04/2005)

RECAP
69 April 4, 2005

MINUTES before Judge Dickran Tevrizian: MOTION for Leave to File Amended Complaint 57 is Granted. Defendants are ordered to file their response to the First Amended Complaint within 20 days from the date of this Order. Court Reporter: Lori Muraoka. (jp, ) (Entered: 04/08/2005)

RECAP
70 April 4, 2005

ORDER by Judge Dickran Tevrizian granting 57 Motion for Leave to File Amended Complaint. The Proposed First Amended Complaint previously lodged with this Court on February 16, 2005 is deemed filed and served as to all appearing parties as of the date of this Order. (jp, ) (Entered: 04/08/2005)

RECAP
71 April 4, 2005

ORDER by Judge Dickran Tevrizian Granting Plaintiffs Motion for Leave to File Amended Complaint 70 . FURTHER ORDERED that Plaintiffs Proposed First Amended Complaint be filed with the clerk of this Court. (jp, ) (Entered: 04/08/2005)

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72 April 4, 2005

FIRST AMENDED COMPLAINT against defendants Alhambra School District, Alhambra City of, Russell Lee-Sung, Victor Sandoval, Lou Torres, William A Vallejos, John H Nunez, Robert L Gin, Ruth E Castro, Barbara A Messina amending Complaint - (Discovery) 1, filed by plaintiffs Jennifer N Cerros, Catherine Grempel, Lauren M Cruz, Robert L Gin, Valerie Herrera. (jp, ) (Entered: 04/08/2005)

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73 June 1, 2005

ANSWER to First Amended Complaint, 72 filed by defendant Alhambra City of.(bp, ) (Entered: 06/01/2005)

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74 Sept. 1, 2005

STIPULATION to Continue discovery cutoff date and pre-trial conference filed by defendants' Alhambra City of, Russell Lee-Sung, Victor Sandoval, Lou Torres, William A Vallejos, John H Nunez, Robert L Gin, Ruth E Castro, Barbara A Messina. (bp, ) (Entered: 09/06/2005)

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75 Sept. 7, 2005

ORDER that the discovery cutoff date of 11/15/05 is continued to 1/16/05 by Judge Dickran Tevrizian.(bp, ) (Entered: 09/08/2005)

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76 Sept. 7, 2005

NOTICE of change of firma address as follows: Burke, Wiliams & Sorensen, LLP, 444 South Flower Street, Suite 2400, Los Angeles, CA 90071-2953 filed by defendant Alhambra City of. (bp, ) (Entered: 09/13/2005)

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78 Sept. 16, 2005

NOTICE OF MOTION AND MOTION for Summary Judgment, or, in the alternative for Summary Adjudication filed by defendant Alhambra City of. Motion set for hearing on 10/11/2005 at 10:00 AM before Honorable Dickran Tevrizian. Lodged proposed statement, order and judgment. (bp, ) (Entered: 09/26/2005)

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79 Sept. 16, 2005

EXHIBITS AND DECLARATION IN SUPPORT OF MOTION for Summary Judgment MOTION for Summary Adjudication MOTION for Summary Adjudication 78 filed by defendant Alhambra City of. (bp, ) (Entered: 09/26/2005)

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77 Sept. 21, 2005

STIPULATION AND ORDER that the discovery cutoff date of 11/15/05, shall be continued to 1/10/06 by Judge Dickran Tevrizian.(bp, ) (Entered: 09/22/2005)

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80 Sept. 23, 2005

STIPULATION AND ORDER by Judge Dickran Tevrizian that the hearing on defendant City of Alhambra MOTION for Summary Judgment 78 is CONTINUED to 11/7/2005 at 10:00 AM. The last day for parties to submit Opposition papers to the City of Alhambra Motion for Summary Judgment is 10/24/2005. The last day for defendant City of Alhambra to submit Reply papers in response to any Opposition to the Summary Judgment is 10/31/2005. (jp, ) (Entered: 10/03/2005)

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81 Oct. 6, 2005

MINUTES: Settlement Conference. Case does not settle. In process of settling. Motion for summary judgment (filed 9/16/05) taken off calendar. No appearance necessary on 11/7/05. Judge Dickran Tevrizian :Court Reporter: None present. (bp, ) (Entered: 10/11/2005)

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82 Oct. 13, 2005

JOINT STIPULATION to Continue the date for submitted the final joint settlement agreement and consent decree filed by defendants Alhambra School District, Russell Lee-Sung, Victor Sandoval, Lou Torres, William A Vallejos, John H Nunez, Robert L Gin, Ruth E Castro, Barbara A Messina. Lodged proposed order. (pj, ) (Entered: 10/17/2005)

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83 Oct. 14, 2005

ORDER by Judge Dickran Tevrizian Granting Stipulation to Continue the date for submitting the final draft of the joint settlement agreement and consent decree is continued to 10/28/05 82 . (ca, ) (Entered: 10/20/2005)

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84 Oct. 28, 2005

NOTICE of Filing Final "Draft" Joint Settlement Agreement and Consent Decree filed by defendants Alhambra School District, Alhambra City of. (jp, ) (Entered: 10/31/2005)

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85 Oct. 31, 2005

MINUTES OF Settlement Conference held before Judge Dickran Tevrizian : Case does not settle.Court Reporter: None present. (bp, ) (Entered: 11/02/2005)

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86 Nov. 7, 2005

NOTICE of filing the second final draft joint settlement agreement and consent decree filed by defendants' Alhambra School District. (bp, ) (Entered: 11/09/2005)

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87 Nov. 7, 2005

NOTICE of filing proposed settlement agreement between plaintiffs and defendant City of Alhambra filed by defendant Alhambra City of. (bp, ) (Entered: 11/15/2005)

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88 Nov. 7, 2005

[PROPOSED] NOTICE of settlement agreement filed by defendant Alhambra City of. (bp, ) (Entered: 11/15/2005)

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90 Nov. 8, 2005

MINUTES: Settlement Conference. Case settles held before Judge Dickran Tevrizian :Court Reporter: None present. (bp, ) (Entered: 11/15/2005)

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Case Details

State / Territory:

California

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 4, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Parents, as next friends of their minor daughters, individually and on behalf of all those similarly situated.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

School District

Alhambra Unified School District

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Constitutional Clause(s):

Equal Protection

Other Dockets:

Central District of California 2:04-cv-01460

U.S. Court of Appeals for the Ninth Circuit 06-55811

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Implement complaint/dispute resolution process

Monitoring

Remedial education

Issues

Discrimination Area:

Sports

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

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