Case: Alston v. Virginia High School League

3:97-cv-00095 | U.S. District Court for the Western District of Virginia

Filed Date: Aug. 19, 1997

Closed Date: 2001

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Case Summary

On August 19, 1997, the American Civil Liberties Union filed a class-action lawsuit on behalf of 11 female athletes and their parents from southern Virginia against the Virginia High School League under Title IX and 42 U.S.C.A. §1983 in United States District Court for the Western District of Virginia. The plainitffs alleged that the Virginia High School League denied certain female athletes in Virginia's public high schools equal treatment, opportunities, and benefits based on their sex in vio…

Specifically, the plaintiffs alleged that the VHSL, an incorporated association of several hundred high schools, had a system of scheduling athletic seasons constituted intentional sex discrimination against certain female athletes. The plaintiffs asserted that VHSL's scheduling practices treated boys' sports differently than girls' sports, forcing some girls to stop playing sports they previously were able to play while no boys were ever forced to stop playing sports solely because of scheduling changes. VHSL uniformly scheduled boys' sports such that each sport is played in the same season across the A (small), AA (mid-size), and AAA (large) divisions, which correspond to school size. Boy's basketball was played during the winter season at all public schools regardless of division classification. The schedule for girls' sports, however, varied depending on the division classification of the school. Girls' basketball was played in the fall for division A and AA schools, but in the winter for division AAA.

The VHSL insisted that the majority of female high school athletes did not want the non traditional-season policy changed. The league cited a statewide survey, conducted in 1998, that found that 76 percent of female basketball players in Group AAA, 65 percent in Group AA and 73 percent in Group A preferred to keep the seasons as they were. The VHSL maintained that it was not discriminating against the young women because the majority of the female athletes did not want to change seasons. The VHSL additionally argued that that it would wreak havoc upon the organization of high school athletic departments.

On September 19, 1997, the defendants filed a motion to dismiss, but the court (Judge James Michael) denied it on October 16, 1997. On December 22, 1997, the defendants filed a motion to stay, which was subsequently granted. The parties engaged in discovery for the next two years. On July 10, 1998, the stay was lifted.

The plaintiffs filed a motion for class certification, and the court heard testimony and oral argument on the issues of class certification at a hearing on December 14, 1998. At the hearing, the court heard the testimony of fact witnesses, including several of the female high school student-athletes whose parents were plaintiffs. On March 31, 1999, the court denied the plaintiff's motion for class certification for failing to meet the burden of demonstrating that plaintiffs' claims are typical of those of the proposed class.

On August 2, 1999, the defendants filed a motion for summary judgment, and the plaintiffs filed a motion for declaratory judgment and a motion in limine to exclude evidence. In the plaintiff's motion, they asked the court to find that the VHSL was an entity subject to liability under Title IX of the Education Amendments and that the VHSL was a state actor within the meaning of the Equal Protection Clause of the United States Constitution and 42 U.S.C. § 1983. On October 13, 1999, the court denied all three motions.

On October 18, 1999, jury trial began.

On December 22, 1999, the defendants filed amended answer and affirmative defenses, in which the defendant pleaded the affirmative defense of qualified immunity from suits for damages under 42 U.S.C. § 1983 and moved for dismissal of the plaintiffs' claim for damages, brought pursuant to § 1983. However, on June 27, 2000, the court rejected both claims.

On July 20, 2000, the jury gave a verdict in favor of the plaintiffs. It only took a jury three hours to find the governing body to be in violation of Title IX and the equal-protection clause of the U.S. Constitution. The court granted judgment for the plaintiff in the amount of $ 187,000.00. On July 28, 2000, the plaintiffs filed a motion for injunctive relief. On August 7, 2000, the defendants filed a motion for judgment notwithstanding jury verdict. On August 24, 2000, the plaintiffs filed in opposition to a motion for judgment nonwithstanding jury verdict.

On March 5, 2001, both parties filed a settlement agreement, and the case was dismissed. A public copy of the settlement is unavailable.

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Summary Authors

Ginny Lee (3/23/2017)

People

Judge(s)

Michael, James Harry Jr. (Virginia)

Attorney for Plaintiff

Bauer, Mary C. (Georgia)

Galles, Kristen Marie (Virginia)

Attorney for Defendant

Johnson, James M. (Virginia)

Lynn, Terry (Virginia)

Judge(s)

Michael, James Harry Jr. (Virginia)

Attorney for Plaintiff

Bauer, Mary C. (Georgia)

Galles, Kristen Marie (Virginia)

Waters, Deborah C. (Virginia)

Attorney for Defendant

Johnson, James M. (Virginia)

Lynn, Terry (Virginia)

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Documents in the Clearinghouse

	Document
3:97-cv-00095	Docket [PACER] Alston v. Virginia High School	March 5, 2001	March 5, 2001 Docket
5 3:97-cv-00095	Order and Opinion	Oct. 16, 1997	Oct. 16, 1997 Order/Opinion 176 F.R.D. 176
89 3:97-cv-00095	Order and Opinion	March 31, 1999	March 31, 1999 Order/Opinion 184 F.R.D. 184
121 3:97-cv-00095	Order and Opinion	Oct. 13, 1999	Oct. 13, 1999 Order/Opinion 144 F.Supp.2d 144

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Docket

Last updated April 15, 2024, 3:19 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT Filing Fee $ 150.00 Receipt # 82152 100 Day Notice due 11/27/97 for Virginia High School Service due 12/17/97 for Virginia High School (jat)	Aug. 19, 1997	Aug. 19, 1997
	RETURN OF SERVICE on summons and complaint as to Virginia High School executed on 8/19/97 Answer due on 9/8/97 for Virginia High School (fne) (Entered: 08/27/1997)	Aug. 26, 1997	Aug. 26, 1997
2	ANSWER to Complaint by Virginia High School (Attorney Robert Craig Wood, Terry Lynn), (fne) (Entered: 09/11/1997)	Sept. 9, 1997	Sept. 9, 1997
3	MOTION to Dismiss by Virginia High School (Attorney ) (fne) (Entered: 09/11/1997)	Sept. 9, 1997	Sept. 9, 1997
	Magistrate's Notice Response due 9/29/97 for Virginia High School, for Melissa Ann Sklar, for Darlene C. Sklar, for Michael Sklar, for Brooke K. Forbes, for Sharon L. Forbes, for Philip C. Forbes, for Lori M. Outlaw, for Susan Outlaw, for Duane E. Outlaw, for Anna Stevens, for Polly Stevens, for Robert Stevens, for Catherine Butler, for Gary Butler, for Peggi Parker−Butler, for Megan Grady, for Robert Grady, for Kathy Grady, for Rebecca E. Sherard, for Chris Sherard, for Penny Sherard, for Sarah Meinertzhagen, for Mary Meinertzhagen, for Robert Meinertzhagen, for Julie Melkerson, for Nancy Melkerson, for Nils Melkerson, for Carla King, for Betty King, for Louis King, for Ashley Alston, for Sandra Alston, for Kevin Alston (fne)	Sept. 11, 1997	Sept. 11, 1997
	Pre−Trial Conference set at 2:00 10/1/97 (fne)	Sept. 11, 1997	Sept. 11, 1997
4	ORDER entered pursuant to 28:636(b)(1)(A) that case is referred to USMJ Crigler to conduct pretrial matters he may deem appropriate ( signed by Judge James H. Michael ) (fne)	Sept. 16, 1997	Sept. 16, 1997
	Pre−Trial Conference set at 9:30 10/23/97 (Judge B. Waugh Crigler) (jat)	Oct. 3, 1997	Oct. 3, 1997
5	MEMORANDUM OPINION ( signed by Judge James H. Michael ) (jat)	Oct. 16, 1997	Oct. 16, 1997
6	ORDER denying [3−1] motion to Dismiss ( signed by Judge James H. Michael ) (jat)	Oct. 16, 1997	Oct. 16, 1997
	Pre−Trial Conference not held. Continued to 12/22/97 at 10:00 (Judge B. Waugh Crigler OCR JTurner − tape 1; 0−834) (jat)	Oct. 23, 1997	Oct. 23, 1997
7	ORDER, setting Response to Magistrate Consent Notice Deadline to 11/13/97 , resetting Pretrial Conference for 10:00 12/22/97 , STAYING proceedings in this case until further order of the court. ( signed by Magistrate Judge B. Waugh Crigler ) (fne)	Nov. 3, 1997	Nov. 3, 1997
	**Set Stayed flag. (fne)	Nov. 3, 1997	Nov. 3, 1997
	Oral Motion to Stay by Virginia High School (jat)	Dec. 22, 1997	Dec. 22, 1997
	Motion hearing held re: [0−0] oral motion to Stay by Virginia High School. Parties argue. Ct grants motion. (Judge B. Waugh Crigler OCR JTurner − tape 2; 0−908) (jat)	Dec. 22, 1997	Dec. 22, 1997
8	AFFIDAVIT with attahed Exhibits Re: [0−0] oral motion to Stay by Virginia High School (jat)	Dec. 22, 1997	Dec. 22, 1997
9	ORDER,entered that stay in this case is enlarged with certain conditions as set forth in Order and resetting Pretrial Conference for 1:30 3/12/98 ( signed by Magistrate Judge B. Waugh Crigler ) (fne)	Dec. 30, 1997	Dec. 30, 1997
10	REQUEST FOR PRODUCTION OF DOCUMENTS by Kevin Alston, Sandra Alston, Ashley Alston, Louis King, Betty King, Carla King, Nils Melkerson, Nancy Melkerson, Julie Melkerson, Robert Meinertzhagen, Mary Meinertzhagen, Sarah Meinertzhagen, Penny Sherard, Chris Sherard, Rebecca E. Sherard, Kathy Grady, Robert Grady, Megan Grady, Peggi Parker−Butler, Gary Butler, Catherine Butler, Robert Stevens, Polly Stevens, Anna Stevens, Duane E. Outlaw, Susan Outlaw, Lori M. Outlaw, Philip C. Forbes, Sharon L. Forbes, Brooke K. Forbes, Michael Sklar, Darlene C. Sklar, Melissa Ann Sklar (fne)	March 12, 1998	March 12, 1998
12	ORDER, reset Pretrial Conference for 2:00 6/1/98 ( signed by Magistrate Judge B. Waugh Crigler ) (jat)	March 17, 1998	March 17, 1998
13	ANSWER TO FIRST INTERROGATORIES by Virginia High School (jat) (Entered: 05/21/1998)	May 20, 1998	May 20, 1998
14	RESPONSE TO DISCOVERY by Virginia High School Re: [10−1] first produce requested by plaintiffs (jat) (Entered: 05/21/1998)	May 20, 1998	May 20, 1998
15	ORDER, Substituting Attorney terminated attorney Terry Lynn for Virginia High School Added James M. Johnson ( signed by Judge James H. Michael ) (jat)	May 27, 1998	May 27, 1998
	Pre−Trial Conference and Status Conference set at 10:00 6/19/98 (Judge B. Waugh Crigler) (jat)	May 29, 1998	May 29, 1998
16	FIRST INTERROGATORIES propounded to Michael Sklar, Darlene C. Sklar, Melissa Ann Sklar by Virginia High School (jat)	June 18, 1998	June 18, 1998
17	FIRST INTERROGATORIES propounded to Philip C. Forbes, Sharon L. Forbes, Brooke K. Forbes by Virginia High School (jat)	June 18, 1998	June 18, 1998
18	FIRST INTERROGATORIES propounded to Robert Stevens, Polly Stevens, Anna Stevens by Virginia High School (jat)	June 18, 1998	June 18, 1998
19	FIRST INTERROGATORIES propounded to Duane E. Outlaw, Susan Outlaw, Lori M. Outlaw by Virginia High School (jat)	June 18, 1998	June 18, 1998
20	FIRST INTERROGATORIES propounded to Kathy Grady, Robert Grady, Megan Grady by Virginia High School (jat)	June 18, 1998	June 18, 1998
21	FIRST INTERROGATORIES propounded to Peggi Parker−Butler, Gary Butler, Catherine Butler by Virginia High School (jat)	June 18, 1998	June 18, 1998
22	FIRST INTERROGATORIES propounded to Robert Meinertzhagen, Mary Meinertzhagen, Sarah Meinertzhagen by Virginia High School (jat)	June 18, 1998	June 18, 1998
23	FIRST INTERROGATORIES propounded to Penny Sherard, Chris Sherard, Rebecca E. Sherard by Virginia High School (jat)	June 18, 1998	June 18, 1998
24	FIRST INTERROGATORIES propounded to Louis King, Betty King, Carla King by Virginia High School (jat)	June 18, 1998	June 18, 1998
25	FIRST INTERROGATORIES propounded to Nils Melkerson, Nancy Melkerson, Julie Melkerson by Virginia High School (jat)	June 18, 1998	June 18, 1998
26	REQUEST FOR PRODUCTION OF DOCUMENTS by Virginia High School re: Michael Sklar, Darlene Sklar &Melissa Sklar (jat)	June 18, 1998	June 18, 1998
27	FIRST INTERROGATORIES propounded to Kevin Alston, Sandra Alston, Ashley Alston by Virginia High School (jat)	June 18, 1998	June 18, 1998
28	FIRST REQUEST FOR PRODUCTION OF DOCUMENTS by Virginia High School re: Duane Outlaw, Susan Outlaw &Lori Outlaw (jat)	June 18, 1998	June 18, 1998
29	FIRST REQUEST FOR PRODUCTION OF DOCUMENTS by Virginia High School re: Philip forbes, Sharon Forbes &Brooke Forbes (jat)	June 18, 1998	June 18, 1998
30	FIRST REQUEST FOR PRODUCTION OF DOCUMENTS by Virginia High School re: Peggi Parker−Butler, Gary Butler &Catherine Butler (jat)	June 18, 1998	June 18, 1998
31	FIRST REQUEST FOR PRODUCTION OF DOCUMENTS by Virginia High School re: Robert Stevens, Polly Stevens &Anna Stevens (jat)	June 18, 1998	June 18, 1998
33	FIRST REQUEST FOR PRODUCTION OF DOCUMENTS by Virginia High School re: Robert Meinertzhagen, Mary Meinertzhagen &Sarah Meinertzhagen (jat)	June 18, 1998	June 18, 1998
34	FIRST REQUEST FOR PRODUCTION OF DOCUMENTS by Virginia High School re: Penny Sherard, Chris Sherard &Rebecca Sherard (jat)	June 18, 1998	June 18, 1998
35	FIRST REQUEST FOR PRODUCTION OF DOCUMENTS by Virginia High School re: Kathy Grady, Robert Grady &Megan Grady (jat)	June 18, 1998	June 18, 1998
36	FIRST REQUEST FOR PRODUCTION OF DOCUMENTS by Virginia High School re: Kevin Alston, Sandra Alston &Ashley Alston (jat)	June 18, 1998	June 18, 1998
37	FIRST REQUEST FOR PRODUCTION OF DOCUMENTS by Virginia High School re: Louis King, Betty King &Carla King (jat)	June 18, 1998	June 18, 1998
	Status Conference held (jat)	June 19, 1998	June 19, 1998
	Pre−Trial Conference held (Judge B. Waugh Crigler OCR Sonia Ferris) (jat)	June 19, 1998	June 19, 1998
38	ORDER, in accordance with pretrial conference on 6/19/98, that stay be lifted , set Motion in Opposition to Class Certification Filing deadline to 7/13/98 , set Response Due Deadline to 7/27/98 , set Evidentiary Hearing and Class Certification Hearing for 10:00 10/13−14/98 , set Jury Trial for 10:00 7/6−9/99 &7/12−13/99 , set Discovery deadline to 8/15/98 , set Exhibit &Witness List deadline to 12/15/98 , set Dispositive Motion Filing deadline to 2/1/99 , set Response Due Deadline to 2/19/99 , set Dispositive Motion Hearing and Further Pretrial Conference for 9:30 3/10/99, and further such relief as set forth in said order. ( signed by Magistrate Judge B. Waugh Crigler ) (jat)	July 10, 1998	July 10, 1998
39	RULE 26(a) INITIAL DISCLOSURE by Virginia High School (jat)	July 24, 1998	July 24, 1998
40	RULE 26(a) INITIAL DISCLOSURE by Kevin Alston, Sandra Alston, Ashley Alston, Louis King, Betty King, Carla King, Nils Melkerson, Nancy Melkerson, Julie Melkerson, Robert Meinertzhagen, Mary Meinertzhagen, Sarah Meinertzhagen, Penny Sherard, Chris Sherard, Rebecca E. Sherard, Kathy Grady, Robert Grady, Megan Grady, Peggi Parker−Butler, Gary Butler, Catherine Butler, Robert Stevens, Polly Stevens, Anna Stevens, Duane E. Outlaw, Susan Outlaw, Lori M. Outlaw, Philip C. Forbes, Sharon L. Forbes, Brooke K. Forbes, Michael Sklar, Darlene C. Sklar, Melissa Ann Sklar (fne)	July 30, 1998	July 30, 1998
41	MOTION to Extend Time discovery by Kevin Alston, Sandra Alston, Ashley Alston, Louis King, Betty King, Carla King, Nils Melkerson, Nancy Melkerson, Julie Melkerson, Robert Meinertzhagen, Mary Meinertzhagen, Sarah Meinertzhagen, Penny Sherard, Chris Sherard, Rebecca E. Sherard, Kathy Grady, Robert Grady, Megan Grady, Peggi Parker−Butler, Gary Butler, Catherine Butler, Robert Stevens, Polly Stevens, Anna Stevens, Duane E. Outlaw, Susan Outlaw, Lori M. Outlaw, Philip C. Forbes, Sharon L. Forbes, Brooke K. Forbes, Michael Sklar, Darlene C. Sklar, Melissa Ann Sklar (Attorney ) (fne)	Aug. 3, 1998	Aug. 3, 1998
42	RULE 26 EXPERT WITNESS DISCLOSURE by Kevin Alston, Sandra Alston (jat)	Aug. 6, 1998	Aug. 6, 1998
43	NOTICE TO TAKE DEPOSITION OF Kevin Alston, Wendy Larry, David Nelson, Robert Stevens, Kathy Grady, Penny Sherard, Ashley Alston, Carla King, Julie Melkerson, Sarah Meinertzhage, Rebecca Sherard, Megan Grady, Catherine Butler, Anna Stevens, Lori Outlaw, Brooke Forbes, and Melissa Ann Sklar by Virginia High School (jat) (Entered: 08/26/1998)	Aug. 24, 1998	Aug. 24, 1998
44	ORDER granting [41−1] motion to Extend Time discovery, set Evidentiary Hearing for 10:00 12/14/98 , set Dispositive Motion Hearing and Further Pretrial Conference for 9:30 4/12/99 , reset Jury Trial for 10:00 6/14−18/99 , reset Discovery deadline to 10/30/98 , extending all other dats from 7/10/98 Order of court for 30 days ( signed by Judge James H. Michael ) (jat)	Sept. 2, 1998	Sept. 2, 1998
	RETURN OF SERVICE on subpoena as to E. David Nelson executed on 9/1/98 (fne)	Sept. 10, 1998	Sept. 10, 1998
45	EXPERT WITNESS LIST for Class Certification Hearing by Virginia High School (jat) (Entered: 09/16/1998)	Sept. 15, 1998	Sept. 15, 1998
46	SUPPLEMENTAL RESPONSE TO DISCOVERY by Virginia High School Re: [14−1] discovery response by Virginia High School (hnw) (Entered: 09/22/1998)	Sept. 21, 1998	Sept. 21, 1998
47	ANSWER TO INTERROGATORIES by Louis King, Betty King, Carla King (hnw)	Sept. 22, 1998	Sept. 22, 1998
48	ANSWER TO INTERROGATORIES by Kevin Alston, Sandra Alston, Ashley Alston (hnw)	Sept. 22, 1998	Sept. 22, 1998
49	ANSWER TO INTERROGATORIES by Peggi Parker−Butler, Gary Butler, Catherine Butler (hnw)	Sept. 22, 1998	Sept. 22, 1998
50	ANSWER TO INTERROGATORIES by Robert Stevens, Polly Stevens, Anna Stevens (hnw)	Sept. 22, 1998	Sept. 22, 1998
51	ANSWER TO INTERROGATORIES by Nils Melkerson, Nancy Melkerson, Julie Melkerson (hnw)	Sept. 22, 1998	Sept. 22, 1998
52	ANSWER TO INTERROGATORIES by Robert Meinertzhagen, Mary Meinertzhagen, Sarah Meinertzhagen (hnw)	Sept. 22, 1998	Sept. 22, 1998
53	ANSWER TO INTERROGATORIES by Penny Sherard, Chris Sherard, Rebecca E. Sherard (hnw)	Sept. 22, 1998	Sept. 22, 1998
54	ANSWER TO INTERROGATORIES by Kathy Grady, Robert Grady, Megan Grady (hnw)	Sept. 22, 1998	Sept. 22, 1998
55	ANSWER TO INTERROGATORIES by Duane E. Outlaw, Susan Outlaw, Lori M. Outlaw (hnw)	Sept. 22, 1998	Sept. 22, 1998
56	ANSWER TO INTERROGATORIES by Michael Sklar, Darlene C. Sklar, Melissa Ann Sklar (hnw)	Sept. 22, 1998	Sept. 22, 1998
57	ANSWER TO INTERROGATORIES by Philip C. Forbes, Sharon L. Forbes, Brooke K. Forbes (hnw)	Sept. 22, 1998	Sept. 22, 1998
58	THIRD SET OF INTERROGATORIES propounded to Virginia High School by Kevin Alston, Sandra Alston, Ashley Alston, Louis King, Betty King, Carla King, Nils Melkerson, Nancy Melkerson, Julie Melkerson, Robert Meinertzhagen, Mary Meinertzhagen, Sarah Meinertzhagen, Penny Sherard, Chris Sherard, Rebecca E. Sherard, Kathy Grady, Robert Grady, Megan Grady, Peggi Parker−Butler, Gary Butler, Catherine Butler, Robert Stevens, Polly Stevens, Anna Stevens, Duane E. Outlaw, Outlaw, Lori M. Outlaw, Philip C. Forbes, Sharon L. Forbes, Brooke K. Forbes, Michael Sklar, Darlene C. Sklar, Melissa Ann Sklar (hnw) Modified on 09/25/1998	Sept. 25, 1998	Sept. 25, 1998
59	FIRST SUPPLEMENTAL ANSWERS TO INTERROGATORIES by Kevin Alston, Sandra Alston (hnw)	Sept. 25, 1998	Sept. 25, 1998
	RETURN OF SERVICE on subpoena as to Kevin Alston executed on 9/11/98 Answer due on 10/01/98 (fne) (Entered: 09/29/1998)	Sept. 28, 1998	Sept. 28, 1998
	RETURN OF SERVICE on subpoena as to E. David Nelson executed on 9/12/98 (fne) (Entered: 09/29/1998)	Sept. 28, 1998	Sept. 28, 1998
60	Response by Virginia High School to [58−1] interrogatory(s) requested by plaintiff (fne) (Entered: 10/20/1998)	Oct. 19, 1998	Oct. 19, 1998
61	Response by Virginia High School to [10−1] produce requested by plaintiff (fne) (Entered: 10/20/1998)	Oct. 19, 1998	Oct. 19, 1998
63	Response by Virginia High School to pltfs' third set of interrogatories. (fne) (Entered: 11/03/1998)	Nov. 2, 1998	Nov. 2, 1998
64	RULE 26(a) INITIAL DISCLOSURE and 26(2)(B) EXPERT WITNESS DISCLOSURES by Virginia High School (fne) (Entered: 11/03/1998)	Nov. 2, 1998	Nov. 2, 1998
65	Response by Virginia High School to [10−1] produce requested by plaintiff (fne) (Entered: 11/03/1998)	Nov. 2, 1998	Nov. 2, 1998
66	NOTICE of Filing of Depositions by Virginia High School (jat)	Nov. 10, 1998	Nov. 10, 1998
	DEPOSITION of Megal Elizabeth Grady Received (jat)	Nov. 10, 1998	Nov. 10, 1998
	DEPOSITION of Edward David Nelson Received (jat)	Nov. 10, 1998	Nov. 10, 1998
	DEPOSITION of Catherine Blair Parker Butler Received (jat)	Nov. 10, 1998	Nov. 10, 1998
	DEPOSITION of Carla King Received (jat)	Nov. 10, 1998	Nov. 10, 1998
	DEPOSITION of Brooke Forbes Received (jat)	Nov. 10, 1998	Nov. 10, 1998
	DEPOSITION of Anna Evelyn Stevens Received (jat)	Nov. 10, 1998	Nov. 10, 1998
	DEPOSITION of Kathy Grady Received (jat)	Nov. 10, 1998	Nov. 10, 1998
	DEPOSITION of Robert H. Stevens, II Received (jat)	Nov. 10, 1998	Nov. 10, 1998
	DEPOSITION of Lori Michele Outlaw Received (jat)	Nov. 10, 1998	Nov. 10, 1998
	DEPOSITION of Rebecca Elaine Sherrard Received (jat)	Nov. 10, 1998	Nov. 10, 1998
	DEPOSITION of Melissa Ann Sklar Received (jat)	Nov. 10, 1998	Nov. 10, 1998
	DEPOSITION of Julie Melkerson Received (jat)	Nov. 10, 1998	Nov. 10, 1998
	DEPOSITION of Ashley Alston Received (jat)	Nov. 10, 1998	Nov. 10, 1998
	DEPOSITION of Kevin Luther Alston Received (jat)	Nov. 10, 1998	Nov. 10, 1998
	DEPOSITION of Sarah Meinertzhagen Received (jat)	Nov. 10, 1998	Nov. 10, 1998
67	MEMORANDUM by Virginia High School in opposition to class certification. (fne)	Dec. 11, 1998	Dec. 11, 1998
68	MOTION for Kristin Galles to Appear Pro Hac Vice by Kevin Alston, Sandra Alston, Ashley Alston, Louis King, Betty King, Carla King, Nils Melkerson, Nancy Melkerson, Julie Melkerson, Robert Meinertzhagen, Mary Meinertzhagen, Sarah Meinertzhagen, Penny Sherard, Chris Sherard, Rebecca E. Sherard, Kathy Grady, Robert Grady, Megan Grady, Peggi Parker−Butler, Gary Butler, Catherine Butler, Robert Stevens, Polly Stevens, Anna Stevens, Duane E. Outlaw, Outlaw, Lori M. Outlaw, Philip C. Forbes, Sharon L. Forbes, Brooke K. Forbes, Michael Sklar, Darlene C. Sklar, Melissa Ann Sklar (hnw)	Dec. 14, 1998	Dec. 14, 1998
69	ORDER granting [68−1] motion for Kristin Galles to Appear Pro Hac Vice ( signed by Judge James H. Michael ) (hnw)	Dec. 14, 1998	Dec. 14, 1998
70	MOTION to Certify Class by Kevin Alston, Sandra Alston, Ashley Alston, Louis King, Betty King, Carla King, Nils Melkerson, Nancy Melkerson, Julie Melkerson, Robert Meinertzhagen, Mary Meinertzhagen, Sarah Meinertzhagen, Penny Sherard, Chris Sherard, Rebecca E. Sherard, Kathy Grady, Robert Grady, Megan Grady, Peggi Parker−Butler, Gary Butler, Catherine Butler, Robert Stevens, Polly Stevens, Anna Stevens, Duane E. Outlaw, Susan Outlaw, Lori M. Outlaw, Philip C. Forbes, Sharon L. Forbes, Brooke K. Forbes, Michael Sklar, Darlene C. Sklar, Melissa Ann Sklar (hnw)	Dec. 14, 1998	Dec. 14, 1998
71	BRIEF by Kevin Alston, Sandra Alston, Ashley Alston, Louis King, Betty King, Carla King, Nils Melkerson, Nancy Melkerson, Julie Melkerson, Robert Meinertzhagen, Mary Meinertzhagen, Sarah Meinertzhagen, Penny Sherard, Chris Sherard, Rebecca E. Sherard, Kathy Grady, Robert Grady, Megan Grady, Peggi Parker−Butler, Gary Butler, Catherine Butler, Robert Stevens, Polly Stevens, Anna Stevens, Duane E. Outlaw, Susan Outlaw, Lori M. Outlaw, Philip C. Forbes, Sharon L. Forbes, Brooke K. Forbes, Michael Sklar, Darlene C. Sklar, Melissa Ann Sklar in Support of [70−1] motion to Certify Class by plaintiff (hnw)	Dec. 14, 1998	Dec. 14, 1998
	Motion hearing held re: [70−1] motion to Certify Class by plaintiff (Judge James H. Michael, Jr. OCR Sonia Ferris) (hnw)	Dec. 14, 1998	Dec. 14, 1998
	DEPOSITION of Carolyn M. Callahan Received (fne)	Dec. 15, 1998	Dec. 15, 1998
	DEPOSITION of Kenneth G. Tilley Received (fne)	Dec. 15, 1998	Dec. 15, 1998