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Case Name Videckis v. Pepperdine University ED-CA-0024
Docket / Court 2:15-cv-00298-DDP (JCx) ( C.D. Cal. )
Additional Docket(s) SC123498  [ -123498 ]  Trial Court (CA)
17-56548  [ 17-56548 ]  Federal Court of Appeals
State/Territory California
Case Type(s) Education
Case Summary
On December 10, 2014, two student-athletes brought this discrimination action against Pepperdine University in the Superior Court of the State of California for the County of Los Angeles. The plaintiffs alleged that the university administration, athletic department, and women’s basketball coach ... read more >
On December 10, 2014, two student-athletes brought this discrimination action against Pepperdine University in the Superior Court of the State of California for the County of Los Angeles. The plaintiffs alleged that the university administration, athletic department, and women’s basketball coach coordinated to discriminate against them because of their same-sex relationship, resulting in dismissal from the basketball team and loss of athletic scholarships, which forced them to leave school. The plaintiffs’ complaint asserted state claims for violation of rights under the California Constitution and California state law and federal claims for violation of Title IX. Represented by private counsel, the plaintiffs sought monetary damages.

On January 14, 2015, the defendants removed the case to the U.S. District Court for the Central District of California. The plaintiffs then amended the complaint on February 5, 2015. Two weeks later, the defendants filed a motion to dismiss for failure to state a claim.

On April 16, 2015, Federal District Judge Dean D. Pregerson issued an order granting in part and denying in part the defendants' motion to dismiss. Specifically, the court denied the motion to dismiss the invasion of privacy claim as to the plaintiffs' sexual orientation and the violations of California’s Educational Code or invasion of privacy via medical records. Further, since the plaintiffs did not contest Pepperdine’s assertion that Title IX does not cover sexual orientation discrimination, the court dismissed Title IX claims with leave to amend. 100 F. Supp. 3d 927.

On June 9, 2015, the plaintiffs filed a second amended complaint, claiming that Title IX covered gender stereotype discrimination. That same day, the defendants again filed a motion to dismiss the Title IX claim, claiming the statute's prohibition on the "basis of sex" did not cover sexual orientation.

On December 15, 2015, Judge Pregerson denied the defendants’ motion to dismiss, finding “the distinction is illusory and artificial, and that sexual orientation discrimination is not a category distinct from sex or gender discrimination”, and that “claims of sexual orientation discrimination are gender stereotype or sex discrimination claims.” 150 F. Supp. 3d 1151. The parties proceeded with discovery from March 2016 to August 2017.

Trial was held from July 18, 2017 to August 11, 2017. On August 11, 2017, the jury returned a verdict in favor of the defendant on all claims. The court entered a judgement based on the verdict on September 11, 2017.

The plaintiffs filed an appeal to the U.S. Court of Appeals for the Ninth Circuit (No. 17-56548) on October 12, 2017. A mediation conference was scheduled for November 28, 2017 and on December 15, 2017, the plaintiffs filed a joint motion to dismiss the appeal.

There were no further developments in the District Court and the case is closed.

Kelly Ehrenreich - 02/16/2017
Sean Mulloy - 10/19/2017
Taylor Brook - 02/05/2018


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Issues and Causes of Action
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Issues
Defendant-type
College/University
Discrimination-basis
Sexual orientatation
General
Gay/lesbian/transgender
Plaintiff Type
Private Plaintiff
Type of Facility
Non-government non-profit
Causes of Action State law
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
Defendant(s) Pepperdine University
Plaintiff Description Two former members of the Pepperdine University women’s basketball team who had a romantic relationship.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Filing Year 2015
Case Closing Year 2017
Case Ongoing No
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
2:15-cv-00298-DDP (C.D. Cal.)
ED-CA-0024-9000.pdf | Detail
Date: 10/16/2017
Source: PACER [Public Access to Court Electronic Records]
17-56548 (U.S. Court of Appeals)
ED-CA-0024-9001.pdf | Detail
Date: 12/19/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Damages [ECF# 1-2]
ED-CA-0024-0001.pdf | Detail
Date: 01/14/2015
Source: PACER [Public Access to Court Electronic Records]
Notice of Removal of Action Under 28 U.S.C. § 1441 [ECF# 1]
ED-CA-0024-0002.pdf | Detail
Date: 01/14/2015
Source: PACER [Public Access to Court Electronic Records]
Order Granting in Part and Denying in Part Motion to Dismiss (100 F.Supp.3d 927) (C.D. Cal.)
ED-CA-0024-0003.pdf | WESTLAW| LEXIS | Detail
Date: 04/16/2015
Source: Bloomberg Law
Third Amended Complaint for Damages [ECF# 31]
ED-CA-0024-0004.pdf | Detail
Date: 05/26/2015
Source: PACER [Public Access to Court Electronic Records]
Amended Order Denying Defendant Pepperdine University's Motion to Dismiss Third, Fourth, and Fifth Causes of Action of the Third Amended Complaint (150 F.Supp.3d 1151) (C.D. Cal.)
ED-CA-0024-0005.pdf | WESTLAW| LEXIS | Detail
Date: 12/15/2015
Verdict Form for Plaintiffs' Haley Videckis [ECF# 246]
ED-CA-0024-0007.pdf | Detail
Date: 08/11/2017
Source: PACER [Public Access to Court Electronic Records]
Judgment in Favor of Defendant Pepperdine University Against Plaintiffs Haley Videckis and Layana White on Jury Verdicts [ECF# 253] (2017 WL 3995113) (C.D. Cal.)
ED-CA-0024-0006.pdf | WESTLAW | Detail
Date: 09/11/2017
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Pregerson, Dean D. (C.D. Cal.) show/hide docs
ED-CA-0024-0003 | ED-CA-0024-0005 | ED-CA-0024-0006 | ED-CA-0024-9000
Plaintiff's Lawyers Dickerson, Robert W. Jr. (California) show/hide docs
ED-CA-0024-9000
Gray, Jeremy J. (California) show/hide docs
ED-CA-0024-0004 | ED-CA-0024-9000
Newman, Alan B. (California) show/hide docs
ED-CA-0024-0001 | ED-CA-0024-9000
Patel, Jayesh (California) show/hide docs
ED-CA-0024-9000 | ED-CA-0024-9001
Sullivan, Agnes Markarian (California) show/hide docs
ED-CA-0024-9000
Zuber, Jeffrey J. (California) show/hide docs
ED-CA-0024-0004 | ED-CA-0024-9000 | ED-CA-0024-9001
Defendant's Lawyers Hunt, David Robert (California) show/hide docs
ED-CA-0024-9000 | ED-CA-0024-9001
Rustin, Peter B. (California) show/hide docs
ED-CA-0024-0002 | ED-CA-0024-9000
Schneider, Eric A. (California) show/hide docs
ED-CA-0024-9000 | ED-CA-0024-9001
Sugden, David R. (California) show/hide docs
ED-CA-0024-9000 | ED-CA-0024-9001
Victor, Paula Tripp (California) show/hide docs
ED-CA-0024-0002 | ED-CA-0024-9000 | ED-CA-0024-9001

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