Case: Gordon v. Jordan School District

2:17-cv-00677 | U.S. District Court for the District of Utah

Filed Date: June 23, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 23, 2017, six parents of schoolchildren who attend schools within the Jordan, Granite, and Canyons School Districts in Utah filed this class action lawsuit against their respective school districts, those districts’ superintendents, and the Utah High School Activities Association (UHSAA) in the U.S. District Court for the District of Utah. The lead plaintiff helped start a recreational-girls only tackle football league, which had approximately 200 participants in spring 2017. Plaintiffs…

On June 23, 2017, six parents of schoolchildren who attend schools within the Jordan, Granite, and Canyons School Districts in Utah filed this class action lawsuit against their respective school districts, those districts’ superintendents, and the Utah High School Activities Association (UHSAA) in the U.S. District Court for the District of Utah. The lead plaintiff helped start a recreational-girls only tackle football league, which had approximately 200 participants in spring 2017. Plaintiffs alleged sex discrimination because their school districts did not afford equal opportunities and protection for female students with respect to school athletics teams. They sought injunctive relief as well as attorneys’ fees and costs.

Represented by private counsel, the parents sued under Title IX and 42 U.S. § 1983, alleging violations of the Equal Protection Clause. Specifically, the plaintiffs alleged that the school districts and UHSAA did not make available the same kinds of athletic opportunities, including football, to female students and thus, discriminated against female students. The parents alleged three violations under Title IX: (1) failure to provide contact sports; (2) failure to provide equal accommodation; and (3) failure to provide equal treatment. The Title IX counts were alleged against the school districts, and the § 1983 counts were alleged against both the school districts and UHSAA. Judge Clark Waddoups was initially assigned to the case but recused himself due to a conflict, after which Judge Robert J. Shelby was assigned.

Plaintiffs initially sought class certification with respect to two groups: (1) all current and prospective female students within these three school districts and (2) all current and female students within these three school districts who do participate, seek to participate, or are deterred from participating in sports that their school districts do not offer. They also sought partial summary judgment.

On February 8, 2018, the plaintiffs amended their complaint so that one of the parent-plaintiffs could represent another one of their children. On February 13, 2018, the Court granted the plaintiffs’ motion for partial summary judgment on specific components – regarding the disparity of male and female sports as well as the Districts’ lack of history or a continuing practice of expanding sports – of their equal accommodation claim. On February 26, 2018, discovery began, and, after a series of revisions to the schedule, was scheduled to end on July 8, 2019.

On May 21, 2018, the defendants moved for reconsideration of the court’s granting partial summary judgment to the plaintiffs. This was denied on July 17, 2018.

On June 7, 2018, the parents amended their complaint to redefine the classes that the plaintiffs sought to represent. The parents narrowed the classes and re-alleged the complaint on behalf of (1) all current and future female students who do participate, seek to participate, or are deterred from participating in athletics and (2) all current and future female students who seek to participate or are deterred from participating in high school girls’ football.

On October 9, 2018, Judge Shelby granted in part but denied in part the parents’ motion to certify the class made on May 22, 2018. 2018 WL 4899098. Specifically, the Court denied class certification relating to all Title IX claims and to the first and broader class of all current and future female students who are participating or might participate in athletics. The Court reasoned that the former set of claims were too individualized of queries that required gauging interest level at the respective high schools. Additionally, the Court denied class certification for the first and broader class because it found no ascertainable number of potential class members and thus, the class failed the the numerosity requirement. The class was certified as current and future female students who seek to participate or were deterred from participating in high school girls’ football and their § 1983 claims.

Twice more, on February 20, 2019, and May 20, 2019, the plaintiffs moved to amend their complaint; however, each time the court denied the motion. 2019 WL 7517396; 333 F.R.D. 220.

On February 20, 2019, the plaintiffs also moved to conduct a survey regarding female student interest in football. On April 29, 2019, Magistrate Judge Dustin B. Pead granted in part and denied in part the motion. 2019 WL 7546140. However, the defendants moved on February 3, 2020, to stay or deny the request for a survey. The court granted the defendants’ motion on June 1, 2020.

On June 14, 2019, the case was reassigned to Judge Howard C. Nielson, Jr.

On May 24, 2019, the plaintiffs moved for summary judgment. Similarly, UHSAA moved for summary judgment on October 28, 2019. The school districts and their superintendents concurrently moved for summary judgment on the same day, October 28, 2019. These cross-motions were mostly denied on June 1, 2020. The Court only granted the plaintiffs’ motion for summary judgment on its Title IX claims against Canyons School District and their equal treatment claim as to all the defendant school districts.

The parties continued to prepare for trial and then, from September 8, 2020 to September 25, 2020 a bench trial took place. Following the trial, the parties made their closing arguments on October 28, 2020. 

On March 1, 2021, the district court entered judgment for the defendants on both the equal protection and Title IX claims. The court held that the defendants had not violated the Equal Protection Clause because the defendants had a facially neutral policy and practice of allowing both girls and boys to play high school football on the same team, and equal protection does not mandate separate teams. The court also held that the disparate impact on students, in terms of the proportion of boys and girls on the football team, was not an equal protection violation because plaintiffs did not show that an “invidious discriminatory purpose” was a motivating factor for the school’s policies and practices. The court also held that the Districts had not violated Title IX because the plaintiffs had not shown that it was reasonably likely a girls’ football team would have regional competitors to play against. 522 F. Supp. 3d 1060.

Later that month, on March 31, the plaintiffs appealed to the U.S. Court of Appeals for the Tenth Circuit. On April 7, 2022, the defendants filed a motion to dismiss the case in the Tenth Circuit. Oral argument was held on September 29, 2022 in front of Judges Harris Hartz, Robert E. Bacharach, and Nancy Moritz.

On January 4, 2023, the Tenth Circuit reversed in part and affirmed in part the district court’s judgment. On the first issue, the district court’s refusal to certify a class on the Title IX claims, the Tenth Circuit held that it was incorrect to find no commonality merely because some aspects of the claims involved individualized inquiries. Therefore, the Tenth Circuit reversed and remanded the judgment for reconsideration of class certification on the Title IX claims. On the second issue, the district court’s rejection of the equal protection claims based on trial evidence, the Tenth Circuit held that the coed football teams were indeed gender-neutral, and that the district court did not clearly err in finding no discriminatory purpose. Therefore, the Tenth Circuit affirmed the district court’s judgment as to the equal protection claim. 2023 WL 34105.

On October 13, 2023, the parties agreed to dismiss the case because they had settled. In the settlement, the defendants agreed to institute various policy changes and actions, including: releasing a joint public statement, creating a district Title IX athletic coordinator, creating a liaison in the districts for emerging sports, conducting a periodic survey asking students about their level of interest in sports, and promoting girls’ sports at all school levels, including allowing the creation of student-led club sports based on student interest. The court closed the case on October 18, 2023, though it retained jurisdiction to resolve settlement disputes.

As of November 16, 2023, there have been no further developments. 

Summary Authors

Venesa Haska (11/15/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6304756/parties/gordon-v-jordan-school-district/


Judge(s)
Attorney for Plaintiff

Correll, Michelle (California)

Dever, Tyler Anne (Utah)

Fonnesbeck, Jacob L (Utah)

Gordon, Brent (Idaho)

Attorney for Defendant

Goff, Darin B (Utah)

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Documents in the Clearinghouse

Document

2:17-cv-00677

Docket [PACER]

Nov. 24, 2020

Nov. 24, 2020

Docket
2

2:17-cv-00677

Complaint

S.G. v. Jordan School District

June 23, 2017

June 23, 2017

Complaint

2017 WL 2017

76

2:17-cv-00677

Second Amended Complaint

S.G. v. Jordan School District

June 7, 2018

June 7, 2018

Complaint

2018 WL 2018

115

2:17-cv-00677

Memorandum Decision and Order Granting in Part Plaintiffs' Motion to Certify Class

S.G. v. Jordan School District

Oct. 9, 2018

Oct. 9, 2018

Order/Opinion

2018 WL 2018

391

2:17-cv-00677

Findings of Facts and Conclusions of Law

March 1, 2021

March 1, 2021

Order/Opinion

522 F.Supp.3d 522

405

2:17-cv-00677

Order and Judgment

U.S. Court of Appeals for the Tenth Circuit

Jan. 26, 2023

Jan. 26, 2023

Order/Opinion

2023 WL 2023

2:17-cv-00677

Universal Settlement and Release of all Claims

Oct. 13, 2023

Oct. 13, 2023

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6304756/gordon-v-jordan-school-district/

Last updated March 1, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

Case has been indexed and assigned to Magistrate Judge Brooke C. Wells. Plaintiffs Barbara Calchera, Jason Dixon, Brent Gordon, Manuel Nogales, Bret Robison, Lisa Simmons are directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (tlh) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
2

COMPLAINT against All Defendants (Filing fee $ 400, receipt number 1088-2783732) filed by Manuel Nogales, Lisa Simmons, Bret Robison, Brent Gordon, Barbara Calchera, Jason Dixon. (Attachments: # 1 Civil Cover Sheet to Complaint) Assigned to Magistrate Judge Brooke C. Wells (Washburn, D.) (Entered: 06/23/2017)

1 Civil Cover Sheet to Complaint

View on PACER

June 23, 2017

June 23, 2017

Clearinghouse
3

NOTICE of Appearance by Rachel G. Terry on behalf of Martin Bates, James Briscoe, Canyons School District, Granite School District, Patrice Johnson, Jordan School District (Terry, Rachel) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

PACER
4

NOTICE of Appearance by Darin B. Goff on behalf of Martin Bates, James Briscoe, Canyons School District, Granite School District, Patrice Johnson, Jordan School District (Goff, Darin) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

PACER
5

NOTICE OF ADR, e-mailed or mailed to Defendants Martin Bates, James Briscoe, Canyons School District, Granite School District, Patrice Johnson, Jordan School District, Plaintiffs Barbara Calchera, Jason Dixon, Brent Gordon, Manuel Nogales, Bret Robison, Lisa Simmons. (las) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
6

NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (las) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
7

NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by IPT Clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/usdc-forms, should be prepared 21 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov21 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/attorney-planning-meeting-and-reportIf counsel or the parties would like to participate by phone they must contact the IPT Clerk at least two days in advance at ipt@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 10/4/2017 at 11:30 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. (jds) (Entered: 08/10/2017)

Aug. 10, 2017

Aug. 10, 2017

PACER
8

WAIVER OF SERVICE Returned Executed filed by Brent Gordon as to Utah High School Activities Association Waiver sent on 8/17/2017, answer due 10/16/2017. (Gordon, Brent) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
9

NOTICE of Appearance by Brent Gordon on behalf of Brent Gordon (Gordon, Brent) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
10

WAIVER OF SERVICE Returned Executed filed by Brent Gordon as to All Defendants. (Gordon, Brent) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
11

NOTICE of Unavailability by Martin Bates, James Briscoe, Canyons School District, Granite School District, Patrice Johnson, Jordan School District (Goff, Darin) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER
12

Stipulated MOTION to Continue Pretrial Conference and Memorandum in Support filed by Plaintiffs Barbara Calchera, Jason Dixon, Brent Gordon, Manuel Nogales, Bret Robison, Lisa Simmons. (Attachments: # 1 Text of Proposed Order [Proposed] Order Granting Stipulated Motion to Continue Pretrial Conference) Attorney Jacob L. Fonnesbeck added to party Manuel Nogales(pty:pla)(Fonnesbeck, Jacob) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
13

ORDER granting 12 Stipulated MOTION to Continue Pretrial Conference. Initial Pretrial Conference reset for 11/8/2017 at 11:30 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. Signed by Magistrate Judge Brooke C. Wells on 9/28/2017. (jds) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
14

MOTION for Partial Summary Judgment and Memorandum in Support filed by Plaintiffs Barbara Calchera, Jason Dixon, Brent Gordon, Manuel Nogales, Bret Robison, Lisa Simmons. (Attachments: # 1 Affidavit of Brent Gordon, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Washburn, D.) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
15

Canyons School District and James Briscoe's ANSWER to Complaint with Jury Demand filed by James Briscoe, Canyons School District.(Terry, Rachel) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
16

Granite School District and Martin Bates' ANSWER to Complaint with Jury Demand filed by Martin Bates, Granite School District.(Terry, Rachel) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
17

Jordan School District and Patrice Johnson's ANSWER to Complaint with Jury Demand filed by Patrice Johnson, Jordan School District.(Terry, Rachel) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
18

REPORT OF ATTORNEY PLANNING MEETING. (Gordon, Brent) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

RECAP
19

NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendants Martin Bates, James Briscoe, Canyons School District, Granite School District, Patrice Johnson, Jordan School District, Utah High School Activities Association, Plaintiffs Barbara Calchera, Jason Dixon, Brent Gordon, Manuel Nogales, Bret Robison, Lisa Simmons. Form due by 11/6/2017. (las) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
20

RECEIVED Consent/Reassignment Form from Defendants Martin Bates, James Briscoe, Canyons School District, Granite School District, Patrice Johnson, Jordan School District. (las) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
21

RECEIVED Consent/Reassignment Form from Plaintiffs Barbara Calchera, Jason Dixon, Brent Gordon, Manuel Nogales, Bret Robison, Lisa Simmons. (las) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
22

All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Clark Waddoups. Magistrate Judge Brooke C. Wells no longer assigned to the case. (las) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
23

Defendant Utah High School Athletic Association's ANSWER to Complaint and Proposed Class Action filed by Utah High School Activities Association. Attorney Mark O. Van Wagoner added to party Utah High School Activities Association(pty:dft)(Van Wagoner, Mark) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
24

NOTICE of Appearance by D. Craig Parry on behalf of Utah High School Activities Association (Parry, D.) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
25

ORDER OF RECUSAL. Case needs to be re-assigned due to non-waivable conflict. Signed by Judge Clark Waddoups on October 30, 2017. (yd) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
26

Case Reassigned per 25 Order of Recusal. Case Assigned to Judge Robert J. Shelby. Judge Clark Waddoups no longer assigned to the case. (jwt) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
27

SCHEDULING ORDER: Initial Pretrial Conference vacated. Amended Pleadings due by 1/16/2018. Joinder of Parties due by 1/16/2018. Discovery due by 7/16/2018. Motions due by 7/16/2018. Deadline for filing a request for a scheduling conference with the district judge for the purpose of setting a trial date if no dispositive motions are filed 7/23/2018. Signed by Magistrate Judge Evelyn J. Furse on 11/6/2017. (jds) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

RECAP
28

Stipulated MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendants Martin Bates, James Briscoe, Canyons School District, Granite School District, Patrice Johnson, Jordan School District. (Attachments: # 1 Text of Proposed Order)(Terry, Rachel) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
29

ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Dustin B. Pead. Signed by Judge Robert J. Shelby on 11/14/2017. (mjm) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
30

Stipulated MOTION for Extension of Time Stipulated Motion for Time to File Class Certification and Memorandum in Support filed by Plaintiff Brent Gordon. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gordon, Brent) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
31

ORDER granting 28 Motion for Extension of Time to File Response/Reply re 14 MOTION for Partial Summary Judgment. Responses due by 12/13/2017. Signed by Magistrate Judge Dustin B. Pead on 11/15/2017. (jds) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
32

ORDER granting 30 Motion for Extension of Time to file Motion for Class Certification. The motion is due on or before November 27, 2017. Signed by Magistrate Judge Dustin B. Pead on 11/16/2017. (jds) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER
33

MOTION to Certify Class and Memorandum in Support filed by Plaintiff Brent Gordon. (Attachments: # 1 Affidavit Brent Gordon)(Gordon, Brent) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

PACER
34

NOTICE of Change of Address by Jacob L. Fonnesbeck for SMITH CORRELL, LLP (Fonnesbeck, Jacob) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
35

Joint MEMORANDUM in Opposition re 14 MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendants Martin Bates, James Briscoe, Canyons School District, Granite School District, Jordan School District, Utah High School Activities Association. (Attachments: # 1 Exhibit A - Declaration of Rob Cuff in Support of Memorandum in Opposition to Plaintiffs' Partial Motion for Summary Judgment)(Parry, D.) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER
36

Joint MEMORANDUM in Opposition re 33 MOTION to Certify Class and Memorandum in Support filed by Defendants Martin Bates, James Briscoe, Canyons School District, Granite School District, Patrice Johnson, Jordan School District, Utah High School Activities Association. (Parry, D.) (Entered: 12/14/2017)

Dec. 14, 2017

Dec. 14, 2017

PACER
37

REPLY to Response to Motion re 14 MOTION for Partial Summary Judgment and Memorandum in Support filed by Plaintiffs Barbara Calchera, Jason Dixon, Brent Gordon, Manuel Nogales, Bret Robison, Lisa Simmons. Attorney Brent Gordon added to party Barbara Calchera(pty:pla), Attorney Brent Gordon added to party Jason Dixon(pty:pla), Attorney Brent Gordon added to party Manuel Nogales(pty:pla), Attorney Brent Gordon added to party Bret Robison (pty:pla), Attorney Brent Gordon added to party Lisa Simmons (pty:pla)(Gordon, Brent) (Entered: 12/23/2017)

Dec. 23, 2017

Dec. 23, 2017

PACER
38

REQUEST to Submit for Decision re 14 MOTION for Partial Summary Judgment and Memorandum in Support (Oral Argument Requested) filed by Plaintiffs Barbara Calchera, Jason Dixon, Brent Gordon, Manuel Nogales, Bret Robison, Lisa Simmons. (Gordon, Brent) (Entered: 12/23/2017)

Dec. 23, 2017

Dec. 23, 2017

PACER
39

NOTICE OF HEARING ON MOTION re: 14 MOTION for Partial Summary Judgment, 33 MOTION to Certify Class : (Notice generated by Mary Jane McNamee) Motion Hearing set for 2/13/2018 at 2:00 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm) (Entered: 12/26/2017)

Dec. 26, 2017

Dec. 26, 2017

PACER
40

REPLY to Response to Motion re 33 MOTION to Certify Class and Memorandum in Support filed by Plaintiffs Barbara Calchera, Jason Dixon, Brent Gordon, Manuel Nogales, Bret Robison, Lisa Simmons. (Gordon, Brent) (Entered: 12/28/2017)

Dec. 28, 2017

Dec. 28, 2017

PACER
41

MOTION to Amend/Correct and Memorandum in Support filed by Plaintiffs Barbara Calchera, Jason Dixon, Brent Gordon, Manuel Nogales, Bret Robison, Lisa Simmons. (Attachments: # 1 Exhibit Proposed Amended Complaint) Motions referred to Dustin B. Pead.(Gordon, Brent) (Entered: 01/15/2018)

Jan. 15, 2018

Jan. 15, 2018

PACER
42

DOCKET TEXT ORDER granting Plaintiff's unopposed Motion to Amend Complaint to add an additional paragraph to the existing allegations set forth in paragraph 19 of the original Complaint 41 . Plaintiff to file a copy of the Amended Complaint on the court docket. Signed by Magistrate Judge Dustin B. Pead on 1/31/2018. (amn) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
43

AMENDED COMPLAINT against All Defendants with Jury Demand. New Plaintiffs: I.C.. filed by Manuel Nogales, Lisa Simmons, Bret Robison, Brent Gordon, Barbara Calchera, Jason Dixon. (Gordon, Brent) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

RECAP
44

Minute Order. Motion Hearing held on 2/13/2018. Proceedings held before Judge Robert J. Shelby: The court hears oral argument and rules as follows; DENYING AS MOOT docket entry 33 Motion to Certify Class filed by Brent Gordon and GRANTING docket entry 14 Motion for Partial Summary Judgment filed by Barbara Calchera, Brent Gordon, Manuel Nogales, Lisa Simmons, Jason Dixon, Bret Robison. Plaintiff has 30 days to file a Motion for Leave to File an Amended Complaint. If a Motion is filed, Defendants may respond in due course. Written Order to follow oral order: No. Attorney for Plaintiff: D. Loren Washburn, Brent Gordon, Attorney for Defendant Mark Van Wavoner, Rachel Terry, D. Craig Parry, Darin B. GOff. Court Reporter: Kelly Hicken.(mjm) (Entered: 02/15/2018)

Feb. 13, 2018

Feb. 13, 2018

PACER
45

Defendant Utah High School Activities Association's ANSWER to 43 Amended Complaint filed by Utah High School Activities Association.(Parry, D.) (Entered: 02/21/2018)

Feb. 21, 2018

Feb. 21, 2018

PACER
46

**RESTRICTED DOCUMENT** - Transcript will not be released see 53 Redaction Request, 54 Redacted Transcript NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 2/13/18 before Judge Robert J. Shelby. Court Reporter/Transcriber Kelly Brown Hicken, RPR, RMR, Telephone number (801) 521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2018. Redacted Transcript Deadline set for 3/26/2018. Release of Transcript Restriction set for 5/22/2018. (dla) Modified added non-release info on 3/12/2018 (rks). Modified on 3/12/2018 (jwt). (Entered: 02/21/2018)

Feb. 21, 2018

Feb. 21, 2018

PACER
48

MOTION for Extension of Time to File Answer re 43 Amended Complaint (NON-OPPOSED MOTION) filed by Defendants Martin Bates, James Briscoe, Canyons School District, Granite School District, Patrice Johnson, Jordan School District. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Goff, Darin) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
49

ORDER granting 48 Non-Opposed Motion for Extension of Time to Answer or Otherwise Respond to 43 Plaintiffs' First Amended Complaint. District Defendants shall file their answer on or before 3/26/2018. Signed by Magistrate Judge Dustin B. Pead on 2/22/18. (dla) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
50

Stipulated MOTION for Scheduling Order and Memorandum in Support filed by Plaintiffs I. C., Barbara Calchera, Jason Dixon, Brent Gordon, Manuel Nogales, Bret Robison, Lisa Simmons. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gordon, Brent) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
51

STIPULATED AMENDED SCHEDULING ORDER: Amended Pleadings due by 7/15/2018. Joinder of Parties due by 7/15/2018. Discovery due by 1/16/2019. Motions due by 1/16/2019. (See order for other deadlines.) Signed by Magistrate Judge Dustin B. Pead on 2/26/2018. (jwt) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

RECAP
52

NOTICE of Intent to Request Redaction by Brent Gordon re 46 Transcript,,,,. (Gordon, Brent) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
53

**RESTRICTED DOCUMENT** Transcript Redaction Request re 46 Transcript,,,, by attorney Brent Gordon. (Gordon, Brent) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
54

TRANSCRIPT REDACTION of 46 Transcript. (jwt) Modified by removing restricted text on 5/24/2018 (rgj). (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

PACER
56

MOTION to Amend/Correct and Memorandum in Support filed by Plaintiffs I. C., Barbara Calchera, Jason Dixon, Brent Gordon, Manuel Nogales, Bret Robison, Lisa Simmons. (Attachments: # 1 Exhibit Proposed Second Amended Complaint) Motions referred to Dustin B. Pead.(Gordon, Brent) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

PACER
57

Joint MOTION for Extension of Time to Respond to Plaintiffs' Motion for Leave to File Second Amended Complaint filed by Defendants Martin Bates, James Briscoe, Canyons School District, Granite School District, Patrice Johnson, Jordan School District. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Terry, Rachel) Modified by correcting event type on 3/29/2018 (dla). (Entered: 03/28/2018)

March 28, 2018

March 28, 2018

PACER
58

ORDER granting 57 Non-Opposed Motion for Extension of Time to Respond to 56 Plaintiffs' Motion for Leave to File Second Amended Complaint. Defendants have up to and including 4/6/2018, to respond to Plaintiffs' Motion. Signed by Magistrate Judge Dustin B. Pead on 3/29/18. (dla) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
59

MEMORANDUM in Opposition re 56 MOTION to Amend/Correct and Memorandum in Support filed by Defendant Utah High School Activities Association. (Attachments: # 1 Exhibit A - Emails from Plaintiffs' counsel to Defendants, # 2 Exhibit B - Excerpts of Utah High School Activities Association Handbook)(Parry, D.) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

PACER
60

MEMORANDUM in Opposition re 56 MOTION to Amend/Correct and Memorandum in Support filed by Defendants Martin Bates, James Briscoe, Canyons School District, Granite School District, Patrice Johnson, Jordan School District. (Attachments: # 1 Exhibit A - Hearing Transcript)(Terry, Rachel) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

PACER
61

Motions No Longer Referred: 56 MOTION to Amend/Correct and Memorandum in Support (mjm) (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

PACER
62

NOTICE OF HEARING ON MOTION re: 56 MOTION to Amend/Correct : (Notice generated by Mary Jane McNamee) Motion Hearing set for 7/12/2018 at 01:30 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER
63

AMENDED NOTICE OF HEARING ON MOTION re: 56 MOTION to Amend/Correct : (Notice generated by Mary Jane McNamee) Motion Hearing RESET for 7/17/2018 at 01:30 PM in Rm 7.300 before Judge Robert J. Shelby. PLEASE NOTE: Hearing date moved to 7/17/2018 at 1:30 p.m. (mjm) (Entered: 04/18/2018)

April 18, 2018

April 18, 2018

PACER
64

REPLY to Response to Motion re 56 MOTION to Amend/Correct and Memorandum in Support filed by Plaintiffs I. C., Barbara Calchera, Jason Dixon, Brent Gordon, Manuel Nogales, Bret Robison, Lisa Simmons. (Gordon, Brent) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
65

NOTICE of Unavailability by Martin Bates, James Briscoe, Canyons School District, Granite School District, Patrice Johnson, Jordan School District (Goff, Darin) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
66

MOTION for Reconsideration Pursuant to Rule 54(b) re 44 Order on Motion to Certify Class, Order on Motion for Partial Summary Judgment, and Memorandum in Support filed by Defendants Martin Bates, James Briscoe, Canyons School District, Granite School District, Patrice Johnson, Jordan School District. Motions referred to Dustin B. Pead.(Terry, Rachel) Modified on 6/15/2018: corrected text (alt) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

PACER
67

MOTION to Certify Class and Memorandum in Support filed by Plaintiffs I. C., Barbara Calchera, Jason Dixon, Brent Gordon, Manuel Nogales, Bret Robison, Lisa Simmons. (Gordon, Brent) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

PACER
68

Motions No Longer Referred: 66 Defendants' Motion for Reconsideration pursuant to Rule 54(b)will be handled by the District Court. (amn) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

PACER

Terminate Deadlines/Hearings

May 25, 2018

May 25, 2018

PACER

Transcript deadlines terminated. (rgj)

May 25, 2018

May 25, 2018

PACER
69

MEMORANDUM in Opposition re 66 MOTION for RECONSIDERATION Pursuant to Rule 54(b) re 44 Order on Motion to Certify Class,,,, Order on Motion for Partial Summary Judgment,,,, Motion Hearing,,, and Memorandum in Support filed by Plaintiffs I. C., Barbara Calchera, Jason Dixon, Brent Gordon, Manuel Nogales, Bret Robison, Lisa Simmons. (Gordon, Brent) (Entered: 06/03/2018)

June 3, 2018

June 3, 2018

RECAP
70

MOTION to Stay re 67 MOTION to Certify Class and Memorandum in Support filed by Defendant Utah High School Activities Association. Motions referred to Dustin B. Pead.(Parry, D.) (Entered: 06/04/2018)

June 4, 2018

June 4, 2018

PACER
71

Motions No Longer Referred: 70 Defendant's Utah High School Activities Association's MOTION to Stay will be addressed by the District Court. (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

PACER
72

MOTION to Stay re 67 MOTION to Certify Class and Memorandum in Support and Memorandum in Support filed by Defendants Martin Bates, James Briscoe, Canyons School District, Granite School District, Patrice Johnson, Jordan School District. Motions referred to Dustin B. Pead.(Terry, Rachel) (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

PACER
73

Motions No Longer Referred: 72 Defendants' Bates, Briscoe, Canyons School District, Granite School District, Johnson and Jordan School District's MOTION to Stay will be addressed by the District Court. (amn) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
74

ORDER granting 56 Motion to Amend/Correct Complaint. Plaintiffs are ORDERED to file the Proposed Second Amended Complaint on the docket within 3 days. Signed by Judge Robert J. Shelby on 6/6/2018. (jds) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
75

AMENDED NOTICE OF HEARING ON MOTION re: 66 DISTRICT DEFENDANTS RULE 54(b) MOTION FOR RECONSIDERATION, 67 MOTION to Certify Class: (Notice generated by Mary Jane McNamee) Motion Hearing set for 7/17/2018 at 01:30 PM in Rm 7.300 before Judge Robert J. Shelby. Hearing will be held on 7/17/2018 at 1:30 re: docket entries 66 DISTRICT DEFENDANTS RULE 54(b) MOTION FOR RECONSIDERATION, 67 MOTION to Certify Class (mjm) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
76

AMENDED COMPLAINT SECOND against All Defendants. filed by Manuel Nogales, Lisa Simmons, Bret Robison, Brent Gordon, I. C., Barbara Calchera, Jason Dixon. (Gordon, Brent) (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

Clearinghouse
77

MOTION for Extension of Time re: Briefing Deadlines filed by Defendants Martin Bates, James Briscoe, Canyons School District, Granite School District, Patrice Johnson, Jordan School District. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Terry, Rachel) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
78

MOTION for Leave to File Overlength Memorandum in Opposition to Plaintiffs' Motion to Certify Class filed by Defendant Utah High School Activities Association. (Attachments: # 1 Text of Proposed Order Order Granting Leave to File Overlength Memorandum in Opposition to Plaintiffs' Motion to Certify Class) Motions referred to Dustin B. Pead. Attorney Michael S. Lehr added to party Utah High School Activities Association(pty:dft)(Lehr, Michael) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER
79

Motions No Longer Referred: 77 MOTION for Extension of Time re: Briefing Deadlines will be addressed by the District Court. (amn) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER
80

DOCKET TEXT ORDER granting 78 Motion for Leave to File Over-Length Memorandum. Signed by Magistrate Judge Dustin B. Pead on June 14, 2018. No attached document. (amn) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER
81

ORDER denying 77 Motion for Extension of Time. Signed by Judge Robert J. Shelby on 6/14/18 (alt) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER
82

MOTION for Extension of Time re: Briefing Schedules filed by Defendants Martin Bates, James Briscoe, Canyons School District, Granite School District, Patrice Johnson, Jordan School District. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Terry, Rachel) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER
83

ORDER granting 82 District Defendants' Motion for Extension of Time: The briefing schedule is amended as follows: I) District Defendants have up to and including 6/22/2018, to respond to Plaintiffs' Motion to Certify Class. II) District Defendants have up to and including 6/29/2018, to file their reply memorandum in support of their Motion for Reconsideration. III) District Defendants have up to and including July 11, 2018, to file their answers to Plaintiffs' Second Amended Complaint. Signed by Judge Robert J. Shelby on 6/15/18. (dla) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER

Set/Reset Deadlines

June 15, 2018

June 15, 2018

PACER

Reset Deadlines: District Defendants' Answers to Plaintiffs' Second Amended Complaint 7/11/2018. District Defendants' response 6/22/2018. District Defendants' reply 6/29/18. (dla)

June 15, 2018

June 15, 2018

PACER
84

MEMORANDUM in Opposition re 67 MOTION to Certify Class and Memorandum in Support filed by Defendant Utah High School Activities Association. (Lehr, Michael) Modified by correcting docket entry association per attorney office request on 6/15/2018 (dla). (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
85

ANSWER to 76 Amended Complaint filed by Utah High School Activities Association.(Lehr, Michael) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
86

MEMORANDUM in Opposition re 67 MOTION to Certify Class filed by Defendants Martin Bates, James Briscoe, Canyons School District, Granite School District, Patrice Johnson, Jordan School District. (Attachments: # 1 Exhibit A - Plaintiff's Initial Disclosures (Redacted))(Terry, Rachel) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
87

ERRATA to 84 Memorandum in Opposition to Motion, filed by Defendant Utah High School Activities Association . (Attachments: # 1 Errata Table of Contents)(Lehr, Michael) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
88

REPLY to Response to Motion re 67 MOTION to Certify Class (UHSAA's Opposition) filed by Plaintiffs I. C., Barbara Calchera, Jason Dixon, Brent Gordon, Manuel Nogales, Bret Robison, Lisa Simmons. (Gordon, Brent) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
89

REPLY to Response to Motion re 66 MOTION for Reconsideration Per Rule 54(b) re 44 Order on Motion to Certify Class, Order on Motion for Partial Summary Judgment, filed by Defendants Martin Bates, James Briscoe, Canyons School District, Granite School District, Patrice Johnson, Jordan School District. (Attachments: # 1 Exhibit Declaration of Vande Veegaete, # 2 Exhibit Declaration of Brad Sorensen, # 3 Exhibit Declaration of Robert Dowdle)(Terry, Rachel) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
90

NOTICE of Change of Contact Information by I. C., Barbara Calchera, Jason Dixon, Brent Gordon, Manuel Nogales, Bret Robison, Lisa Simmons (Fonnesbeck, Jacob) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

PACER
91

REPLY to Response to Motion re 67 MOTION to Certify Class ( reply to Districts' Opposition) filed by Plaintiffs I. C., Barbara Calchera, Jason Dixon, Brent Gordon, Manuel Nogales, Bret Robison, Lisa Simmons. (Gordon, Brent) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

PACER
92

SUBSTITUTION OF COUNSEL Philip S. Lott replacing Darin B. Goff as counsel on behalf of Martin Bates, James Briscoe, Canyons School District, Granite School District, Patrice Johnson, Jordan School District. (Lott, Philip) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

PACER
93

Jordan Defendants' ANSWER to 76 Amended Complaint with Jury Demand filed by Patrice Johnson, Jordan School District.(Terry, Rachel) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
94

Granite Defendants' ANSWER to 76 Amended Complaint with Jury Demand filed by Martin Bates, Granite School District.(Terry, Rachel) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
95

Canyons Defendants' ANSWER to 76 Amended Complaint with Jury Demand filed by James Briscoe, Canyons School District.(Terry, Rachel) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
96

MOTION for Leave to File Surreply and Memorandum in Support filed by Plaintiffs I. C., Barbara Calchera, Jason Dixon, Brent Gordon, Manuel Nogales, Bret Robison, Lisa Simmons. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gordon, Brent) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
97

ORDER granting 96 Motion for Leave to File Surreply to 66 Motion for Reconsideration. Plaintiffs shall file their surreply on or before July 17, 2018 and will limit the surreply to attaching UHSAA's discovery responses which were served on July 10, 2018, the UHSAA's board meeting minutes, and the UHSAA handbook. Signed by Magistrate Judge Dustin B. Pead on 7/16/2018. (jwt) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
98

Sur-reply MEMORANDUM in Opposition re 66 MOTION for Reconsideration Per Rule 54(b) re 44 Order on Motion to Certify Class, Order on Motion for Partial Summary Judgment, filed by Plaintiffs I. C., Barbara Calchera, Jason Dixon, Brent Gordon, Manuel Nogales, Bret Robison, Lisa Simmons. (Attachments: # 1 Exhibit A (UHSAA Discovery), # 2 Exhibit B (UHSAA Handbook), # 3 Exhibit C (BOT Minutes 3-23-17), # 4 Exhibit D (BOT Minutes 1-25-18))(Gordon, Brent) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER

Case Details

State / Territory: Utah

Case Type(s):

Education

Special Collection(s):

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: June 23, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Six parents of seven students across three Utah school districts suing on behalf of current and former female students of the school districts who seek to participate in or were deterred from participating in girls' football

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Jordan School District, School District

Canyons School District, School District

Granite School District, School District

Utah High School Activities Association, State

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Discrimination-area:

Sports

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female