University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Mansorian v. Regents of University of California ED-CA-0007
Docket / Court 2:03-cv-02591-FCD-EFB ( E.D. Cal. )
State/Territory California
Case Type(s) Education
Case Summary
On December 18, 2003, current and former female wrestlers at the University of California-Davis ("UC Davis") filed this class action in the U.S. District Court for the Eastern District of California. The plaintiffs sued UC Davis on behalf of all current and future female Davis students denied equal ... read more >
On December 18, 2003, current and former female wrestlers at the University of California-Davis ("UC Davis") filed this class action in the U.S. District Court for the Eastern District of California. The plaintiffs sued UC Davis on behalf of all current and future female Davis students denied equal athletic participation opportunities and scholarships. The plaintiffs sought damages and injunctive relief under Title IX and also asserted equal protection claims under 42 U.S.C. § 1983.

During the 2000-2001 academic year, Davis eliminated all women from the wrestling team. After the students protested to administrators and filed a complaint with the Department of Education's Office for Civil Rights (OCR), Davis agreed to permit women again to participate in varsity wrestling, conditioned on their ability to beat male wrestlers in their weight class, using men's collegiate wrestling rules. As a result of these new requirements, the female students were unable to qualify for the wrestling team and lost the benefits associated with varsity status, including scholarships and academic credit.

In April 2006, just before the scheduled hearing on class certification, the plaintiffs requested a stay due to their attorney's serious illness. During the ten-month stay, the only named plaintiff still attending Davis graduated. The plaintiffs moved to add as plaintiffs three students, all then enrolled at Davis. On March 20, 2007, the District Court (Judge Frank C. Damrell) denied the motion, holding that the plaintiffs failed to meet the good cause required under Federal Rule of Civil Procedure 16 when such a motion is filed after the issuance of a scheduling order. Without any named plaintiffs currently attending Davis, the plaintiffs stipulated to dismissal of the class claims for injunctive relief.

In April 2008, the District Court dismissed the § 1983 claim as "subsumed" by the Title IX claim. The District Court then granted the University's motion for summary judgment, holding that the students had failed to perfect their Title IX claim by failing to give Davis advance notice and the opportunity to cure.

The plaintiffs appealed to the Ninth Circuit. On February 8, 2010, in a published opinion (amended on April 20, 2010), the Ninth Circuit Court of Appeals held that (1) the plaintiffs' challenge to the district court's denial of their motion to add additional plaintiffs was moot; (2) the plaintiffs were not required to give university notice and an opportunity to cure an alleged Title IX violation before bringing suit; (3) genuine issues of material fact precluded summary judgment on the plaintiffs' Title IX ineffective accommodation claim; (4) Title IX did not preclude claim under § 1983 to enforce rights under Equal Protection Clause; and (5) § 1983 claim was not barred by statute of limitations. The case was remanded for further proceedings consistent with the opinion. 602 F.3d 957 (9th Cir. 2010).

On December 8, 2010, the Court (Judge Frank C. Damrell, Jr.) denied the University's renewed motion for summary judgment. A fifteen day bench trial was held beginning May 2011.

On August 3, 2011, District Judge Frank C. Damrell, Jr., J., held that the university failed to effectively accommodate athletic interests and abilities of members of both sexes. However, the plaintiffs lost on their other theories of Title IX liability, as well as their Equal Protection Clause claims. Specifically, Judge Damrell held that (1) the university's failure to sponsor separate women's team did not contravene Title IX; (3) the assistant athletic director could not be held liable for alleged Equal Protection violations; and (4) other officials were entitled to qualified immunity as to alleged Equal Protection violations. 816 F. Supp. 2d 869 (E.D. Cal. 2011).

On December 8, 2011, the Court ordered this case be set for a settlement conference to decide damages. After months of negotiations, the parties and their counsels reached agreement on all major terms of the settlement. The university agreed to pay $1,350,000 in attorneys' fees and costs incurred during the lengthy case. On April 6, 2012, the action was dismissed without prejudice and the case was closed.

Xin Chen - 10/02/2011
Maria Ricaurte - 10/18/2015


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Issues and Causes of Action
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Issues
Affected Gender
Female
Constitutional Clause
Equal Protection
Defendant-type
College/University
Discrimination-basis
Sex discrimination
General
Funding
Plaintiff Type
Private Plaintiff
Causes of Action Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
42 U.S.C. § 1983
Defendant(s) the Regents of the University of California at Davis
Plaintiff Description Current and former female students at the University of California-Davis (UCD) and former members of the UCD’s wrestling team filed a class action on behalf of all current and future female UCD students denied equal athletic participation opportunities.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Private Settlement Agreement
Voluntary Dismissal
Order Duration not on record
Case Closing Year 2012
Case Ongoing No
Additional Resources
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Case Studies Courts and Kids: Pursuing Educational Equity Through the State Courts
By: Michael Rebell (Columbia University, and Campaign for Educational Equity)
Citation: (University of Chicago Press, 2009)
[ Detail ] [ External Link ]

Links Dear Colleague Letter: Athletic Activities Counted for Title IX Compliance
http://www2.ed.gov/about/offices/list/ocr/index.html
Posted: Sep. 17, 2008
By: United States Department of Education—Office of Civil Rights (U.S. Department of Justice)
[ Detail ] [ External Link ]

Docket(s)
08-16330 (U.S. Court of Appeals) 05/10/2010
ED-CA-0007-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
2:03−cv−02591 (E.D. Cal.) 04/12/2012
ED-CA-0007-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum and Order 05/06/2004 (E.D. Cal.)
ED-CA-0007-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Brief in Support of Class Certification 12/08/2005
ED-CA-0007-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Opposition to Plaintiff's Motion for Class Certification 04/04/2006
ED-CA-0007-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order 03/20/2007 (2007 WL 841739) (E.D. Cal.)
ED-CA-0007-0003.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Plaintiff's Application for Court Approval of Voluntary Dismissal of Class Claims 04/26/2007
ED-CA-0007-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Defendants' Motion for Judgment on the Pleadings 06/05/2007
ED-CA-0007-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Opposition to Defendants' Motion for Judgment on the Pleadings 07/13/2007
ED-CA-0007-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order 10/18/2007 (2007 WL 3046034) (E.D. Cal.)
ED-CA-0007-0008.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Defandant's Motion for Summary Judgment 01/11/2008
ED-CA-0007-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Opposition to Defendant's Motion for Summary Judgment 03/06/2008
ED-CA-0007-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order 04/23/2008 (617 F.Supp.2d 1011) (E.D. Cal.)
ED-CA-0007-0011.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order 07/15/2008 (566 F.Supp.2d 1168) (E.D. Cal.)
ED-CA-0007-0012.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Appellants' Opening Brief 02/13/2009
ED-CA-0007-0014.pdf | Detail
Document Source: Westlaw
Appellees' Answering Brief 04/24/2009
ED-CA-0007-0015.pdf | Detail
Document Source: Westlaw
9th Circuit Opinion 02/08/2010 (594 F.3d 1095)
ED-CA-0007-0013.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Appellees' Petition for Rehearing and Rehearing En Banc 02/22/2010
ED-CA-0007-0016.pdf | Detail
Document Source: Westlaw
Appellants' Response to Respondent's Petition for Rehearing and Rehearing En Banc 03/27/2010
ED-CA-0007-0017.pdf | Detail
Document Source: Westlaw
Amended Opinion 04/20/2010 (602 F.3d 957)
ED-CA-0007-0018.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Plaintiffs' Consolidated Memorandum in Opposition to Defendants' Motions for Summary Judgment 11/09/2010
ED-CA-0007-0021.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order 12/08/2010 (757 F.Supp.2d 1030) (E.D. Cal.)
ED-CA-0007-0019.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Order 01/12/2011 (2011 WL 98814) (E.D. Cal.)
ED-CA-0007-0020.pdf | WESTLAW | Detail
Document Source: Westlaw
Plaintiffs' Memorandum in Support of Their Motion for Reconsideration and/or Clarification 04/26/2011
ED-CA-0007-0022.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order 04/29/2011 (E.D. Cal.)
ED-CA-0007-0023.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Trial Brief 05/05/2011
ED-CA-0007-0024.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Trial Brief 05/05/2011
ED-CA-0007-0025.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order 08/03/2011 (816 F.Supp.2d 869) (E.D. Cal.)
ED-CA-0007-0026.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulated Request for Dismissal of Action with Prejudice and (Proposed) Order Thereon 04/06/2012
ED-CA-0007-0027.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Berzon, Marsha Siegel (Ninth Circuit)
ED-CA-0007-0013 | ED-CA-0007-0018
Brennan, Edmund F. Court not on record
ED-CA-0007-0020
Damrell, Frank C. Jr. (E.D. Cal.)
ED-CA-0007-0001 | ED-CA-0007-0003 | ED-CA-0007-0008 | ED-CA-0007-0011 | ED-CA-0007-0012 | ED-CA-0007-0019 | ED-CA-0007-0023 | ED-CA-0007-0026 | ED-CA-0007-9000
Monitors/Masters None on record
Plaintiff's Lawyers Dolkas, Jamie Elise (California)
ED-CA-0007-9000
Farrell, Noreen Ann (California)
ED-CA-0007-0007 | ED-CA-0007-0010 | ED-CA-0007-0021 | ED-CA-0007-0025 | ED-CA-0007-0027 | ED-CA-0007-9000 | ED-CA-0007-9001
Galles, Kristen Marie (Virginia)
ED-CA-0007-0002 | ED-CA-0007-0014 | ED-CA-0007-0017 | ED-CA-0007-9000 | ED-CA-0007-9001
Johnson, Mark Thomas (California)
ED-CA-0007-0005 | ED-CA-0007-9000
Olivier, Monique (California)
ED-CA-0007-0007 | ED-CA-0007-0010 | ED-CA-0007-0014 | ED-CA-0007-0017 | ED-CA-0007-0022 | ED-CA-0007-9000 | ED-CA-0007-9001
Smith, Debra A. (California)
ED-CA-0007-9000
Stark, Whitney Bryn (California)
ED-CA-0007-9000
Sturdevant, James C. (California)
ED-CA-0007-0014 | ED-CA-0007-0017 | ED-CA-0007-9000 | ED-CA-0007-9001
Trang, Jora Thu (California)
ED-CA-0007-9000
Defendant's Lawyers Acero, George A. (California)
ED-CA-0007-0006 | ED-CA-0007-9000
Burkett, David Pontus Eugene (California)
ED-CA-0007-0020 | ED-CA-0007-0024 | ED-CA-0007-9000
Pott, Michael William (California)
ED-CA-0007-9000
Sheehan, Nancy Joan (California)
ED-CA-0007-0004 | ED-CA-0007-0009 | ED-CA-0007-0015 | ED-CA-0007-0016 | ED-CA-0007-0024 | ED-CA-0007-0027 | ED-CA-0007-9000 | ED-CA-0007-9001
Other Lawyers None on record

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