Anders et al v. California State University, Fresno et al
| Tara Weir, Megan Walaitis, Hennessey Evans, Abbigayle Roberts, Taylor Anders and Courtney Walburger |
| Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey, California State University, Fresno and Board of Trustees of California State University |
| 1:2021cv00179 |
| February 12, 2021 |
| US District Court for the Eastern District of California |
| Anthony W Ishii |
| Barbara A McAuliffe |
| Jennifer L Thurston |
| Civil Rights: Education |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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Filing 137
ORDER REASSIGNING CASE signed by Chief Judge Kimberly J. Mueller: Due to the impending inactive retirement of District Judge *Anthony W. Ishii* from the bench of the Eastern District of California, this action is reassigned to *District Judge Jennifer L. Thurston* for all further proceedings. (Xiong, J.)
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Filing 136
ORDER DENYING pending Motions without prejudice and staying case pending Appeal #117 , #121 , #126 , #133 signed by District Judge Anthony W. Ishii on 4/25/2023. (Lundstrom, T)
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Filing 135
MINUTE ORDER (TEXT Only): In light of the notice of resolution (Doc. #134 ), the Clerk of the Court is directed to administratively terminate Defendants' Motion to Compel Production of Attorney Fee Agreement (Doc. #122 ) and the Informal Discovery Dispute (Docs. #127 and #128 ). All associated deadlines are vacated. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 4/10/2023. (Navarro, F)
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Filing 134
NOTICE of Resolution of Discovery Dispute by All Plaintiffs. (Bullock, Lori)
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Filing 133
MOTION Supplement Sur-Reply by Board of Trustees of California State University, California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit A)(Eldridge, Scott)
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Filing 132
REPLY by Board of Trustees of California State University, California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey re #121 Motion to Dismiss,. (Eldridge, Scott)
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Filing 131
MINUTE ORDER (TEXT Only): On March 22, 2023, the Court held an Informal Discovery Dispute Conference on the record to address Defendants' Motion to Compel Production of Attorney Fee Agreement. (Doc. #122 .) Defendants seek production of the unredacted representation agreement between Plaintiff Taylor Anders and the law firm of Bailey & Glasser, LLP. The parties stipulated to an informal ruling and the hearing on Defendants' motion to compel set for March 31, 2023, is HEREBY VACATED. Plaintiffs have objected to production of the unredacted representation agreement on the grounds of relevance and attorney-client privilege. The Court finds that the representation agreement is relevant to the issue of adequacy of the class representative and class certification. Gusman v. Comcast Corp., 298 F.R.D. 592, 600 (S.D. Cal. 2014). Plaintiffs' objection on the basis of relevance is therefore OVERRULED. As to Plaintiffs' objection on the ground of privilege, the Ninth Circuit has repeatedly held that retainer agreements are not protected by the attorney-client privilege. Id. at 599. However, in light of Plaintiffs' claim that the redacted portions of the representation agreement are privileged and not discoverable, the Court will conduct an in camera review of the agreement. As the parties seeking to invoke the attorney-client privilege, Plaintiffs will be required to provide the Court with "an explanation of how the information fits within the privilege." See In re Grand Jury Witness (Salas and Waxman), 695 F.2d 359, 361 (9th Cir. 1982). Accordingly, no later than March 29, 2023, Plaintiffs shall (1) submit the unredacted representation agreement to the Court for in camera review; (2) file a short brief, not to exceed five (5) pages, explaining how the redacted information is privileged; and (3) file a request to seal the representation agreement consistent with Local Rule 141 regarding the sealing of documents. As indicated at the conference, Defendants will not be required to submit a responsive brief unless ordered by the Court following in camera review. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 3/22/2023. (Valdez, E)
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Filing 130
MINUTES (Text Only) for proceedings held via Zoom video conference before Magistrate Judge Barbara A. McAuliffe on 3/22/2023: INFORMAL DISCOVERY DISPUTE CONFERENCE - held. Order to follow. Plaintiffs' Counsel: Lori Bullock appeared by Zoom video - present. Defendants' Counsel: Brian Schwartz, Erika Giroux and Jennifer SantaMaria appeared by Zoom video - present. Court Reporter/CD Number: ECRO - Araceli Gil-Garcia. (Valdez, E)
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Filing 129
REPLY by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir re #126 Motion for Miscellaneous Relief,. (Attachments: #1 Response Response to Sur-Reply, #2 Exhibit Exhibit 1 - Letter to Clients, #3 Exhibit Exhibit 2 - Anders v Fresno State - False Statements to the Court in Defendants' Sur-Reply Filed Today)(Bryant, Arthur)
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Filing 128
INFORMAL DISCOVERY DISPUTE LETTER BRIEF filed by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir. (Bullock, Lori)
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Filing 127
INFORMAL DISCOVERY DISPUTE LETTER BRIEF filed by Board of Trustees of California State University, California State University, Fresno. (Eldridge, Scott)
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Filing 126
MOTION Court grant leave to file sur-reply brief in opposition to Plaintiff's Motion for Certification of Lacrosse Only Classes And, in the alternative, Subclasses re #117 Motion to Certify Class,, by Board of Trustees of California State University, California State University, Fresno. (Attachments: #1 Exhibit A - Sur-Reply)(Eldridge, Scott)
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Filing 125
OPPOSITION by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir to #121 Motion to Dismiss,. (Hammack, Joshua)
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Filing 124
REPLY by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir re #117 Motion to Certify Class,,. (Attachments: #1 Exhibit Exhibit 1 - Anders Deposition II Excerpts, #2 Exhibit Exhibit 2 - Signed Anders Letter Altering Engagement, #3 Exhibit Exhibit 3 - Declaration of AHB)(Bryant, Arthur)
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Filing 123
MINUTE ORDER (TEXT Only): The parties in this case have contacted the Court for a date and time regarding an INFORMAL DISCOVERY DISPUTE CONFERENCE and the parties have agreed to the following: March 22, 2023, at 10:30 AM before Magistrate Judge Barbara A. McAuliffe. A two-page synopsis ONLY, either in memo or letter format, shall be filed no later than March 20, 2023, at 10:00 AM, by each counsel, outlining their respective positions, including summarizing the facts and relevant legal arguments. NO attachment or exhibits, two pages ONLY. The parties shall appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 3/7/2023. (Valdez, E)
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PAYMENT for #109 Appeal to USCA in the amount of $ 505, receipt number ACAEDC-10733033. (Bullock, Lori)
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Filing 122
MOTION to COMPEL Production of Attorney Fee Agreement by Board of Trustees of California State University, California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey. Motion Hearing set for 3/31/2023 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Exhibit 1 - Email Corres., #2 Exhibit 2 - Redacted Agmt)(Eldridge, Scott)
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Filing 121
MOTION to DISMISS by Board of Trustees of California State University, California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey. Motion Hearing set for 3/20/2023 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit Ex 1, #3 Exhibit Ex 2, #4 Exhibit Ex 3)(Eldridge, Scott)
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Filing 120
OPPOSITION by Board of Trustees of California State University, California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey to #117 Motion to Certify Class,,. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit Ex 1, #3 Exhibit Ex 2, #4 Exhibit Ex 3, #5 Exhibit Ex 4)(Eldridge, Scott)
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Filing 119
USCA CASE NUMBER 23-15265 for #109 Notice of Appeal filed by Courtney Walburger, Hennessey Evans, Tara Weir, Taylor Anders, Megan Walaitis, Abbigayle Roberts. (Lundstrom, T)
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Filing 118
USCA ORDER as to #109 Notice of Appeal filed by Courtney Walburger, Hennessey Evans, Tara Weir, Taylor Anders, Megan Walaitis, Abbigayle Roberts. (Lundstrom, T)
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Filing 117
MOTION to CERTIFY CLASS by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir. (Attachments: #1 Memorandum P-Brief in Support, #2 Exhibit Index to Exhibits, #3 Exhibit Exhibit 1 - 8-2-P-Exhibit A (2020 Participation Gap) FILED 2-25-2022, #4 Exhibit Exhibit 2 - 2021 Women's Lacrosse Roster - Fresno State, #5 Exhibit Exhibit 3 - 2020 Women's Lacrosse Roster - Fresno State, #6 Exhibit Exhibit 4 - Anders Declarations, #7 Exhibit Exhibit 5 - Anders Deposition Excerpts)(Bullock, Lori)
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Filing 116
MINUTE ORDER (TEXT Only): On January 19, 2023, the Court held a Further Status Conference to set a briefing schedule on Plaintiffs' anticipated motion to certify a lacrosse-only class. As agreed by the parties, the Court sets the following briefing schedule: (1) Plaintiffs' motion to certify a lacrosse-only class shall be filed no later than January 27, 2023; (2) Defendants' opposition shall be filed no later than March 3, 2023; and (3) Plaintiffs' reply shall be filed within ten (10) days following Defendants' opposition. The Court sets a STATUS CONFERENCE for May 4, 2023, at 9:00 AM before Magistrate Judge Barbara A. McAuliffe. The parties shall file separate status reports no later than May 1, 2023. The parties shall appear at the conference remotely with each party appearing either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 1/19/2023. (Valdez, E)
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Filing 115
MINUTES (Text Only) for proceedings held via Zoom video conference before Magistrate Judge Barbara A. McAuliffe on 1/19/2023: FURTHER STATUS CONFERENCE - held. Order to follow. Plaintiffs' Counsel Lori Bullock and Amy Tabor appeared by Zoom video - present. Defendants' Counsel Brian Schwartz, Scott Eldridge and Jennifer SantaMaria appeared by Zoom video - present. Court Reporter/CD Number: off the record. (Valdez, E)
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Filing 114
MINUTE ORDER (TEXT Only): On January 18, 2023, the Court held a Status Conference to address the status of Plaintiffs' request for permission to appeal and further scheduling of this action. Plaintiffs confirmed that they were not withdrawing their Federal Rule of Civil Procedure 23(f) petition, but requested that the Court set a briefing schedule on a motion for class certification for a lacrosse only class. Plaintiffs also requested that Defendants supplement their discovery responses. Defendants indicated that they would need additional time to consider Plaintiffs' proposed briefing schedule and request to supplement discovery. Following discussion with the parties, the Court sets a FURTHER STATUS CONFERENCE for January 19, 2023, at 11:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall meet and confer prior to the conference regarding a proposed briefing schedule on Plaintiffs' anticipated motion for class certification and on Plaintiffs' request for supplemental discovery. The parties shall appear at the conference remotely with each party appearing either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 1/18/2023. (Valdez, E)
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Filing 113
MINUTES (Text Only) for proceedings held via Zoom video conference before Magistrate Judge Barbara A. McAuliffe on 1/18/2023: STATUS CONFERENCE - held. Order to follow. Plaintiffs' Counsel Lori Bullock, Joshua Hammack and Amy Tabor appeared by Zoom video - present. Defendants' Counsel Brian Schwartz, Scott Eldridge and Jennifer SantaMaria appeared by Zoom video - present. Court Reporter/CD Number: off the record. (Valdez, E)
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Filing 112
MINUTE ORDER (TEXT Only): On December 7, 2022, the Court held a Status Conference to address further scheduling of this action. In light of Plaintiffs' petition for permission to appeal pursuant to Federal Rule of Civil Procedure 23(f) filed with the United States Court of Appeals for the Ninth Circuit (Doc. #109 ), the Court declines to set a schedule for merits discovery and trial. The Court is not inclined to reverse its prior determination that merits discovery is premature while the issue of class certification remains pending. However, Plaintiffs are not precluded from filing a formal noticed motion to open merits discovery. The Court sets a further STATUS CONFERENCE for January 18, 2023, at 9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The purpose of the conference will be to address the status of Plaintiffs' request for permission to appeal and, if appropriate, further scheduling of this action. The parties shall appear at the conference remotely with each party appearing either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 12/12/2022. (Valdez, E)
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Filing 111
MINUTES (Text Only) for proceedings held via Zoom video conference before Magistrate Judge Barbara A. McAuliffe on 12/7/2022: STATUS CONFERENCE - held. Order to follow. Plaintiffs' Counsel: Lori Bullock appeared by Zoom video - present. Counsel for Defendants California State University, Fresno and Board of Trustees of California State University: Scott Eldridge and Brian Schwartz appeared by Zoom video - present. Court Reporter/CD Number: off the record. (Valdez, E)
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Filing 110
USCA CASE NUMBER 22-80137 for #109 Notice of Appeal filed by Courtney Walburger, Hennessey Evans, Tara Weir, Taylor Anders, Megan Walaitis, Abbigayle Roberts. (Marrujo, C)
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Filing 109
NOTICE of APPEAL by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir as to #107 Order on Motion to Certify Class. (Marrujo, C)
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Filing 108
MINUTE ORDER (TEXT Only): Based on referral of this case back to the undersigned for further proceedings consistent with the Order Denying Plaintiffs' Renewed Motion for Class Certification and, in the alternative, Motion for Reconsideration (Doc. #107 ), the Court sets a STATUS CONFERENCE for December 7, 2022, at 9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties should be prepared to address further scheduling of this action. The parties shall appear at the conference remotely with each party appearing either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 11/29/2022. (Valdez, E)
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Filing 107
ORDER DENYING #94 PLAINTIFFS' RENEWED MOTION FOR CLASS CERTIFICATION AND, IN THE ALTERNATIVE, MOTION FOR RECONSIDERATION, signed by District Judge Anthony W. Ishii on 11/22/2022.(Martin-Gill, S)
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Filing 106
ORDER Vacating Informal Discovery Dispute Conference and ORDER Regarding Informal Discovery Dispute and Denying Plaintiffs' Discovery Request as Premature signed by Magistrate Judge Barbara A. McAuliffe on 11/1/2022. (Valdez, E)
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Filing 105
MINUTE ORDER (TEXT Only): Due to the press of business, the Informal Discovery Dispute Conference is continued from 10/27/2022 to November 2, 2022, at 9:30 AM before Magistrate Judge Barbara A. McAuliffe. The parties shall appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire is required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 10/26/2022. (Valdez, E)
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Filing 104
RESPONSE by Board of Trustees of California State University, California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey to #103 Response. (Eldridge, Scott)
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Filing 103
RESPONSE by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir to 102 Minute Order,,,,, Set/Reset Deadlines and Hearings,,,,. (Hammack, Joshua)
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Filing 102
MINUTE ORDER (TEXT Only): Due to the press of business, the Informal Discovery Dispute Conference is continued from 10/24/2022 to October 27, 2022, at 10:00 AM before Magistrate Judge Barbara A. McAuliffe. The Court has completed a preliminary review of the papers filed. A motion for class certification is pending. (Doc. #94 .) It appears that merits discovery is premature at this stage of the litigation. Plaintiff shall file a one-page (properly spaced and formatted) response to the Court's concern no later than October 25, 2022, at 5:00 p.m. Defendant shall file a one-page response to Plaintiff's position no later than October 26, 2022, at 5:00 p.m. The parties shall appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire is required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 10/20/2022. (Valdez, E)
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Filing 101
INFORMAL DISCOVERY DISPUTE LETTER BRIEF filed by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir. (Bullock, Lori)
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Filing 100
INFORMAL DISCOVERY DISPUTE LETTER BRIEF filed by Board of Trustees of California State University, California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey. (Eldridge, Scott)
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Filing 99
MINUTE ORDER (TEXT Only): The parties in this case have contacted the Court for a date and time regarding an INFORMAL DISCOVERY DISPUTE CONFERENCE and the parties have agreed to the following: October 24, 2022, at 9:30 AM before Magistrate Judge Barbara A. McAuliffe. A two-page synopsis ONLY, either in memo or letter format, shall be filed no later than October 20, 2022, at 9:30 AM, by each counsel, outlining their respective positions, including summarizing the facts and relevant legal arguments. NO attachment or exhibits, two pages ONLY. The parties shall appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 10/14/2022. (Valdez, E)
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Filing 98
MINUTE ORDER: (TEXT ENTRY ONLY) The Court has deemed the MOTION TO CERTIFY CLASS, Doc. No. #94 , noticed for hearing on 10/17/2022, before District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). As such, the hearing on same is VACATED and the matter will be taken under submission as of that date. Minute order signed by District Judge Anthony W. Ishii on 10/12/2022. (Apodaca, P)
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Filing 97
REPLY by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir re #94 Motion to Certify Class,. Attorney Hammack, Joshua I. added. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit A - Emails Regarding Stipulation, #3 Exhibit B - Excerpts from Deposition of Anders, #4 Exhibit C - Excerpts from Deposition of Walburger)(Hammack, Joshua)
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Filing 96
STIPULATION Stipulation to Extend Time to File Plaintiffs' Reply by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir. (Bullock, Lori)
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Filing 95
RESPONSE by Board of Trustees of California State University, California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey to #94 Motion to Certify Class,. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Eldridge, Scott)
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Filing 94
MOTION to CERTIFY CLASS Renewed Motion by Taylor Anders, Courtney Walburger. Motion Hearing set for 10/17/2022 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Caddell, Michael)
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Filing 93
ORDER DENYING #88 Plaintiffs' Motion for Class Certification, signed by District Judge Anthony W. Ishii on 8/16/2022. (Rivera, O)
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Filing 92
(TEXT ENTRY ONLY) The Court has deemed the MOTION TO CERTIFY CLASS, Doc. No. #88 , noticed for hearing on 5/16/2022, before District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). As such, the hearing on same is VACATED and the motion will be taken under submission as of that date. Minute order signed by District Judge Anthony W. Ishii on 5/11/2022. (Rivera, O)
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Filing 91
NOTICE OF LODGING DOCUMENT(S) ELECTRONICALLY by Board of Trustees of California State University, California State University, Fresno: Defendants' Notice of Filing Exhibit 3 to its Response in Opposition to Plaintiffs' Motion for Class Certification. (Attachments: #1 Exhibit)(Eldridge, Scott)
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Filing 90
REPLY by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir re #88 Motion to Certify Class,. (Attachments: #1 Exhibit A - Emails)(Bryant, Arthur)
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Filing 89
RESPONSE by Board of Trustees of California State University, California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey to #88 Motion to Certify Class,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Eldridge, Scott)
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Filing 88
MOTION to CERTIFY CLASS by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir. Motion Hearing set for 5/16/2022 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Memorandum of Law in Support of Motion for Class Certification, #2 Exhibit A - Fresno 2020-21 Sports Participation, #3 Exhibit B - Declaration of Taylor Anders, #4 Exhibit C - Declaration of Courtney Walburger)(Bryant, Arthur)
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Filing 87
ORDER VACATING Hearing; ORDER GRANTING #86 Plaintiffs' Unopposed Motion to Modify the Preliminary Scheduling Order, signed by Magistrate Judge Barbara A. McAuliffe on 01/27/2022. Class Certification Opposition Deadline: 4/27/2022, Class Certification Motion Deadline: 2/25/2022, Class Certification Reply Deadline: 5/9/2022. (Maldonado, C)
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Filing 86
MOTION for 21-DAY EXTENSION OF TIME to file Class Certification Briefing by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir. Motion Hearing set for 2/25/2022 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Declaration of Lori Bullock, #2 Proposed Order)(Caddell, Michael)
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Filing 85
STIPULATION ORDER regarding the Production of FERPA- Protected Education Records, signed by Magistrate Judge Barbara A. McAuliffe on 1/4/2022.(Martin-Gill, S)
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Filing 84
STIPULATION and PROPOSED ORDER for the Production of FERPA-Protected Education Records by California State University, Fresno. (Eldridge, Scott)
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Filing 83
PRELIMINARY SCHEDULING ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 12/17/2021. Class Certification Opposition Deadline: 4/6/2022, Class Certification Motion Filing Deadline: 2/4/2022, Class Certification Reply: 5/6/2022. Motion Hearing set for 5/16/2022 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Maldonado, C)
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Filing 82
MINUTES (Text Only) for proceedings held via Zoom video before Magistrate Judge Barbara A. McAuliffe on 12/16/2021: FURTHER SCHEDULING CONFERENCE - held. Order to follow. Counsel for Plaintiffs Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walatis, Tara Weir, and Courtney Walburger: Lori Bullock and Michael Caddell appeared by Zoom video - present. Counsel for Defendants California State University, Fresno and Board of Trustees of California State University: Scott Eldridge, Jennifer Santa Maria, and Brian Schwartz appeared by Zoom video - present. Court Reporter/CD Number: off the record. (Valdez, E)
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Filing 81
MINUTE ORDER (Text Only): On December 15, 2021, the Court held a scheduling conference in this matter. The Court discussed scheduling of a class action with the parties. Based on the discussion, the parties agreed to meet and confer as to a schedule for class certification discovery and filing of the class certification motion. The Court also discussed a proposed protective order filed by the parties on December 13, 2021. (Doc. #77 .) The Court identified concerns with the order's requirement that third parties are required to respond to a notice that their student information was requested for use in this matter within fourteen (14) days. The parties agreed to meet and confer as to the timing of the requirement. Based on the foregoing, the Court sets a FURTHER SCHEDULING CONFERENCE on December 16, 2021, at 11:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall appear at the conference remotely with each party connecting either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 12/15/2021. (Valdez, E)
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Filing 80
MINUTES (Text Only) for proceedings held via Zoom video before Magistrate Judge Barbara A. McAuliffe on 12/15/2021: SCHEDULING CONFERENCE - not held. Order to follow. Counsel for Plaintiffs Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walatis, Tara Weir, and Courtney Walburger: Cary Joshi, Lori Bullock, Amy Tabor, and Michael Caddell appeared by Zoom video - present. Counsel for Defendants California State University, Fresno and Board of Trustees of California State University: Scott Eldridge, Jennifer Santa Maria, and Brian Schwartz appeared by Zoom video - present. Court Reporter/CD Number: off the record. (Valdez, E)
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Filing 79
NOTICE of APPEARANCE by Lori Bullock on behalf of Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir. Attorney Bullock, Lori added. (Bullock, Lori)
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Filing 78
ORDER GRANTING #76 Application for Pro Hac Vice, signed by Magistrate Judge Barbara A. McAuliffe on 12/13/2021. Added Attorney Loria A Bullock for Plaintiffs. The Pro Hac Vice Attorney is directed to request electronic filing access through PACER. (Maldonado, C)
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Filing 77
STIPULATION and PROPOSED ORDER for Production of FERPA-Protected Education Records by Board of Trustees of California State University, California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey. (Eldridge, Scott)
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Filing 76
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir for attorney Lori A. Bullock to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-9968501) (Attachments: #1 Certificate of Good Standing)(Caddell, Michael)
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Filing 75
JOINT SCHEDULING REPORT by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir. (Bryant, Arthur)
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Filing 74
ANSWER by Board of Trustees of California State University, California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey.(Eldridge, Scott)
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Filing 73
ORDER GRANTING #60 Motion to Dismiss II of the Second Amended Complaint, signed by District Judge Anthony W. Ishii on 10/29/2021. Twenty-One Day Deadline. (Maldonado, C)
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Filing 72
RESPONSE by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir to #71 Supplement. (Caddell, Michael)
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Filing 71
SUPPLEMENT by Board of Trustees of California State University, California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey re #60 MOTION to DISMISS. (Attachments: #1 Exhibit 1)(Eldridge, Scott)
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Filing 70
MINUTE ORDER signed by District Judge Anthony W. Ishii on 9/23/2021: (Text Only Entry) The Court has deemed the MOTION TO DISMISS, Doc. No. #60 , noticed for hearing on 9/27/2021, before District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). As such, the hearing on same is VACATED and the motion will be taken under submission as of that date. Minute order signed by District Judge Anthony W. Ishii on 9/23/2021. (Gonzales, V)
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Filing 69
REPLY by Board of Trustees of California State University, California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey to RESPONSE to #60 Motion to Dismiss,. (Eldridge, Scott)
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Filing 68
OPPOSITION by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir to #60 Motion to Dismiss,. (Bryant, Arthur)
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Filing 67
ORDER SUBSTITUTING ATTORNEY Jennifer L. SantaMaria for Board of Trustees of California State University in place of Marc B. Koenigsberg, signed by Magistrate Judge Barbara A. McAuliffe on 9/3/2021. (Martin-Gill, S)
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Filing 66
SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Board of Trustees of California State University. (SantaMaria, Jennifer)
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Filing 65
MINUTE ORDER (TEXT Only): Due to the current status of this case, the Initial Scheduling Conference currently set for 9/14/2021 is continued to December 15, 2021, at 9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a Joint Scheduling Report one week prior to the conference. The parties shall appear at the conference remotely with each party connecting either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. NOTE: Motion to Dismiss (Doc. #60 ) pending. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 9/3/2021. (Valdez, E)
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Filing 64
SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Board of Trustees of California State University. (SantaMaria, Jennifer)
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Filing 63
CLERK'S NOTICE to Attorney Jennifer SantaMaria re #62 Notice - Other: Your filing is entitled Notice of Substitution of Counsel, however, the actual document attached is Substitution of Attorney- Proposed. Please re-file your document using the correct event. If you need assistance, please contact the CM/ECF help desk at 866-884-5444, or refer to the CM/ECF User's Manual on the court's website. (Maldonado, C)
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Filing 62
NOTICE of SUBSTITUTION OF COUNSEL by Board of Trustees of California State University. Attorney SantaMaria, Jennifer L. added. (SantaMaria, Jennifer)
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Filing 61
MEMORANDUM by Board of Trustees of California State University, California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey in SUPPORT of #60 Motion to Dismiss,. (Attachments: #1 Appendix of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Notice of Motion to Dismiss)(Eldridge, Scott)
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Filing 60
MOTION to DISMISS by Board of Trustees of California State University, California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey. Motion Hearing set for 9/27/2021 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Eldridge, Scott)
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Filing 59
SECOND AMENDED COMPLAINT against Board of Trustees of California State University, California State University, Fresno by Courtney Walburger, Abbigayle Roberts, Hennessey Evans, Taylor Anders, Megan Walaitis, Tara Weir. (Attachments: #1 Civil Cover Sheet)(Bryant, Arthur)
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Filing 58
ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION signed by District Judge Anthony W. Ishii on 7/22/2021. IT IS HEREBY ORDERED that Plaintiffs' motion for reconsideration (Doc. No. #39 ) is DENIED WITH PREJUDICE. (Gonzales, V)
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Filing 57
ORDER ON MOTION TO DISMISS FIRST AMENDED COMPLAINT signed by District Judge Anthony W. Ishii on 7/22/2021. IT IS HEREBY ORDERED: 1. The motion to dismiss the First Amended Complaint (Doc. No. #42 ) is DENIED IN PART and GRANTED IN PART as follows: a. The motion is DENIED as to the effective accommodation claim and the equal treatment claim. b. The motion is GRANTED as to the financial aid claim. 2. Plaintiffs' are GRANTED leave to file a Second Amended Complaint amending the financial aid claim within 21 days of the date of electronic service of this order. 3. Terrence Tumey, Joseph Castro and Saul Jimnez-Sandoval are dismissed from this case by virtue of being omitted from the First Amended Complaint. 4. This case is referred back to the Magistrate Judge for further proceedings consistent with this order. (Gonzales, V)
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Filing 56
ORDER GRANTING Defendant's #51 Motion for Protective Order and to STAY Discovery Pending Ruling on Motion to Dismiss signed by Magistrate Judge Barbara A. McAuliffe on 7/16/2021. (Sant Agata, S)
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Filing 55
MINUTE ORDER (TEXT Only): Defendant's Motion for Protective Order and to Stay Discovery Pending Ruling on Motion to Dismiss (Doc. #51 ) currently set for hearing on July 9, 2021 at 9:00 am before Magistrate Judge Barbara A. McAuliffe has been VACATED. Pursuant to Local Rule 230(g) (Fed. R. Civ. P. 78), the Court will take the motion under submission. MOTION SUBMITTED. If the Court determines that a hearing will be necessary following review of the parties papers, a hearing will be set by the Court. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 7/7/2021. (Valdez, E)
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Filing 54
MINUTE ORDER (TEXT Only): The parties shall appear at the MOTION HEARING currently set for July 9, 2021 at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties shall be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 7/6/2021. (Valdez, E)
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Filing 53
STATEMENT of Joint Parties regarding Defendant's Motion for Protective Order and to Stay Discovery by Defendants Board of Trustees of California State University, California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey re #51 Motion for Protective Order,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Eldridge, Scott)
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Filing 52
ORDER GRANTING #50 Application for Pro Hac Vice of Benjamin J. Hogan signed by Magistrate Judge Barbara A. McAuliffe on 6/17/2021. (Lundstrom, T)
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Filing 51
MOTION for PROTECTIVE ORDER AND TO STAY DISCOVERY PENDING RULING ON by Board of Trustees of California State University. Motion Hearing set for 7/9/2021 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Notice)(Eldridge, Scott)
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Filing 50
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Taylor Anders for attorney Benjamin J. Hogan to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9652244) (Bryant, Arthur)
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Filing 49
REPLY by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir re #39 Motion for Reconsideration,. (Bryant, Arthur)
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Filing 48
REPLY by Board of Trustees of California State University, California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey to RESPONSE to #42 Motion to Dismiss,. (Eldridge, Scott)
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Filing 47
MINUTE ORDER signed by District Judge Anthony W. Ishii on 6/09/2021: (Text Only Entry) The Court has deemed the MOTION FOR RECONSIDERATION, Doc. No. #39 and the MOTION TO DISMISS, Doc. No. #42 , noticed for hearing on 6/21/2021 (refer to Doc. No. #44 ), before District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). As such, the hearing on same is VACATED and the motion will be taken under submission as of that date. (Gonzales, V)
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Filing 46
OPPOSITION by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir to #42 Motion to Dismiss,. (Attachments: #1 Exhibit 1 - Amicus Brief)(Bryant, Arthur)
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Filing 45
OPPOSITION by Board of Trustees of California State University, California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey to #39 Motion for Reconsideration,. (Attachments: #1 Appendix of Exhibits, #2 Exhibit 1, #3 Exhibit 2)(Eldridge, Scott)
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Filing 44
ORDER TO EXTEND TIME TO FILE RESPONSES TO MOTIONS signed by District Judge Anthony W. Ishii on 5/27/2021. (Gonzales, V)
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Filing 43
STIPULATION and PROPOSED ORDER for Extension of Time to File Responses to Motions re #42 MOTION to DISMISS, #39 MOTION for RECONSIDERATION re #35 Order on Motion for Preliminary Injunction,,,,, by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir. (Attachments: #1 Proposed Order)(Caddell, Michael)
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Filing 42
MOTION to DISMISS by Board of Trustees of California State University. Attorney Eldridge, Scott R. added. Motion Hearing set for 6/14/2021 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 1., #3 Exhibit 2., #4 Exhibit 3., #5 Notice Notice of Motion Hearing)(Eldridge, Scott)
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Filing 41
ORDER DENYING DEFENDANTS MOTION TO DISMISS COMPLAINT AS MOOT signed by District Judge Anthony W. Ishii on 5/12/2021. IT IS HEREBY ORDERED Defendants' motion to dismiss the Complaint (Doc. No. #33 ) is DENIED as moot. (Gonzales, V)
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Filing 40
MINUTE ORDER signed by District Judge Anthony W. Ishii on 5/11/2021: (Text Only Entry), The Court has deemed the MOTION TO DISMISS, Doc. No. #33 , noticed for hearing on 5/17/2021, before District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). As such, the hearing on same is VACATED and the motion will be taken under submission as of that date. (Gonzales, V)
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Filing 39
MOTION for RECONSIDERATION re #35 Order on Motion for Preliminary Injunction,,,,, by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Courtney Walburger, Tara Weir. Motion Hearing set for 6/14/2021 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Bryant, Arthur)
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Filing 38
WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Board of Trustees of California State University on 5/4/2021, Answer due 7/6/2021 (Bryant, Arthur)
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Filing 37
SUMMONS ISSUED as to *Board of Trustees of California State University* with answer to complaint due within *21* days. Attorney *Arthur H. Bryant* *Bailey Glasser, LLP* *1999 Harrison Street, Suite 660* *Oakland, CA 94612*. (Flores, E)
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Filing 36
FIRST AMENDED COMPLAINT against California State University, Fresno, California State University Board of Trustees by Megan Walaitis, Taylor Anders, Abbigayle Roberts, Hennessey Evans, Tara Weir. (Attachments: #1 Civil Cover Sheet)(Bryant, Arthur)
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Filing 35
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION signed by District Judge Anthony W. Ishii on 4/21/2021. IT IS HEREBY ORDERED Plaintiffs' motion for preliminary injunction (Doc. No. #2 ) is GRANTED IN PART and DENIED IN PART WITHOUT PREJUDICE as follows: Plaintiffs' motion is GRANTED as to Plaintiffs' equal treatment claim under 34 C.F.R. 106.41(c)(2)-(10). Plaintiffs' motion is DENIED WITHOUT PREJUDICE as to Plaintiffs' effective accommodation claim under 34 C.F.R. 106.41(c)(1). For the remainder of the 2020-21 academic year, Defendants shall provide a dedicated locker room and practice space for the women's lacrosse team; equip the women's lacrosse team for competition; and provide the women's lacrosse team with funding and benefits on par with the average in each respect provided to Fresno State's existing varsity teams. The foregoing preliminary injunction shall issue without bond, take effect immediately and remain in full force and effect throughand automatically expire at the end ofFresno State's 2020-21 academic year unless modified by the Court. This action is referred back to the magistrate judge for further proceedings consistent with this order. (Gonzales, V)
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Filing 34
MINUTE ORDER (TEXT Only): Due to the current status of this case, along with the ongoing judicial emergency and heavy caseload experienced by this district, the Initial SCHEDULING CONFERENCE currently set for 5/13/2021 is continued to September 14, 2021, at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a Joint Scheduling Report one week prior to the conference. The parties shall appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. NOTE: Motion to Dismiss pending. (See Doc. #33 .) Minute order signed by Magistrate Judge Barbara A. McAuliffe on 4/20/2021. (Valdez, E)
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Filing 33
MOTION to DISMISS by California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey. Motion Hearing set for 5/17/2021 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Notice of Hearing)(Eldridge, Scott)
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Filing 32
MINUTE ORDER (TEXT Only): The parties shall appear at the SCHEDULING CONFERENCE currently set for May 13, 2021 at 8:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties shall be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 4/7/2021. (Valdez, E)
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Filing 31
PRO HAC VICE ORDER GRANTING #29 Application for Pro Hac Vice signed by Magistrate Judge Barbara A. McAuliffe on 03/24/2021. Added attorney Joshua I. Hammack, PHV for Taylor Anders,Joshua I. Hammack, PHV for Hennessey Evans,Joshua I. Hammack, PHV for Abbigayle Roberts,Joshua I. Hammack, PHV for Megan Walaitis,Joshua I. Hammack, PHV for Tara Weir. (Flores, E)
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Filing 30
PRO HAC VICE ORDER GRANTING #28 Application for Pro Hac Vice signed by Magistrate Judge Barbara A. McAuliffe on 03/24/2021. Added attorney Nicole Louise Ballante, PHV for Taylor Anders,Nicole Louise Ballante, PHV for Hennessey Evans,Nicole Louise Ballante, PHV for Megan Walaitis,Nicole Louise Ballante, PHV for Tara Weir.(Flores, E)
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Filing 27
MINUTE ORDER signed by District Judge Anthony W. Ishii on 3/19/2021: (Text Only Entry) The Court has deemed the MOTION FOR PRELIMINARY INJUNCTION, Doc. No. #2 , noticed for hearing on 3/22/2021, before District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). As such, the hearing on same is VACATED and the motion will be taken under submission as of that date. (Gonzales, V)
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Filing 29
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Tara Weir for attorney Joshua I. Hammack to appear Pro Hac Vice. (Maldonado, C)
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Filing 28
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Tara Weir for attorney Nicole Louise Ballante to appear Pro Hac Vice. (Maldonado, C)
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RECEIPT number CAE100047939 for $450.00 for Pro Hac Vice Applications #28 and #29 for Joshua Hammack and Nicole Louise Ballante from Bailey and Glasser. (Maldonado, C)
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Filing 26
ORDER denying Plaintiffs' Motion for Expedited Discovery #9 signed by Magistrate Judge Barbara A. McAuliffe on 3/17/2021. (Lundstrom, T)
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Filing 25
MINUTE ORDER (TEXT Only): Plaintiff's Motion for Expedited Discovery (Doc. #9 ) currently set for hearing on March 19, 2021 at 9:30 am before Magistrate Judge Barbara A. McAuliffe has been VACATED. Pursuant to Local Rule 230(g) (Fed. R. Civ. P. 78), the Court will take the motion under submission. MOTION SUBMITTED. If the Court determines that a hearing will be necessary following review of the parties' papers, a hearing will be set by the Court. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 3/17/2021. (Valdez, E)
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Filing 24
REPLY by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Tara Weir to RESPONSE to #2 Motion for Preliminary Injunction,,,. (Attachments: #1 Exhibit A)(Bryant, Arthur)
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Filing 23
RESPONSE by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Tara Weir to #21 Objections. (Attachments: #1 Exhibit A)(Bryant, Arthur)
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Filing 22
STATEMENT of Discovery Disagreement by Plaintiffs Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Tara Weir re #9 Motion for Discovery,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Bryant, Arthur)
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Filing 21
OBJECTIONS by Defendants California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey to #2 MOTION for PRELIMINARY INJUNCTION (Expedited Relief Requested). (Eldridge, Scott)
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Filing 20
WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to All Defendants (Bryant, Arthur)
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Filing 19
RESPONSE by California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey to #2 Motion for Preliminary Injunction,,,. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12)(Eldridge, Scott)
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Filing 18
PRO HAC VICE ORDER GRANTING #14 Application for Pro Hac Vicesigned by Magistrate Judge Barbara A. McAuliffe on 03/04/2021. Added attorney Brian Schwartz, PHV for California State University, Fresno,Brian Schwartz, PHV for Joseph Castro,Brian Schwartz, PHV for Saul Jimenez-Sandoval,Brian Schwartz, PHV for Terrence Tumey.(Flores, E)
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Filing 17
PRO HAC VICE ORDER GRANTING #13 Application for Pro Hac Vice signed by Magistrate Judge Barbara A. McAuliffe on 03/04/2021. Added attorney Ashley Higginson, PHV for California State University, Fresno,Ashley Higginson, PHV for Joseph Castro,Ashley Higginson, PHV for Saul Jimenez-Sandoval,Ashley Higginson, PHV for Terrence Tumey. (Flores, E)
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Filing 16
PRO HAC VICE ORDER GRANTING #12 Application for Pro Hac Vice signed by Magistrate Judge Barbara A. McAuliffe on 03/04/202. Added attorney Erika L. Giroux, PHV for California State University, Fresno,Erika L. Giroux, PHV for Joseph Castro,Erika L. Giroux, PHV for Saul Jimenez-Sandoval,Erika L. Giroux, PHV for Terrence Tumey.(Flores, E)
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Filing 15
PRO HAC VICE ORDER GRANTING #11 Application for Pro Hac Vice signed by Magistrate Judge Barbara A. McAuliffe on 03/04/2021. Added attorney Scott R. Eldridge, PHV for California State University, Fresno,Scott R. Eldridge, PHV for Joseph Castro,Scott R. Eldridge, PHV for Saul Jimenez-Sandoval,Scott R. Eldridge, PHV for Terrence Tumey. (Flores, E)
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Filing 14
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey for attorney Brian Schwartz to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9450548) (Koenigsberg, Marc)
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Filing 13
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey for attorney Ashley N. Higginson to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9450524) (Koenigsberg, Marc)
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Filing 12
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey for attorney Erika L. Giroux to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9450511) (Koenigsberg, Marc)
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Filing 11
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California State University, Fresno, Joseph Castro, Saul Jimenez-Sandoval, Terrence Tumey for attorney Scott R. Eldridge to appear Pro Hac Vice. Attorney Koenigsberg, Marc Bradley added. (Filing fee $ 225, receipt number 0972-9450483) (Koenigsberg, Marc)
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Filing 10
CERTIFICATE of SERVICE by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Tara Weir re #5 Civil New Case Documents for AWI, #9 MOTION for DISCOVERY (Expedited Discovery). (Bryant, Arthur)
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Filing 9
MOTION for DISCOVERY (Expedited Discovery) by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Tara Weir. Motion Hearing set for 3/19/2021 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Proposed Order)(Bryant, Arthur)
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Filing 8
NOTICE of Motion by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Tara Weir re #2 MOTION for PRELIMINARY INJUNCTION (Expedited Relief Requested). (Caddell, Michael)
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Filing 7
ORDER ADOPTING #6 Application for Pro Hac Vice, signed by Magistrate Judge Barbara A. McAuliffe on 02/17/2021. (Added attorney Cary Joshi, PHV for Taylor Anders,Cary Joshi, PHV for Hennessey Evans,Cary Joshi, PHV for Abbigayle Roberts,Cary Joshi, PHV for Megan Walaitis,Cary Joshi, PHV for Tara Weir) (Martin-Gill, S)
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Filing 6
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Tara Weir for attorney Cary L. Joshi to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9419038) (Attachments: #1 Certificate of Good Standing)(Caddell, Michael)
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Filing 5
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 5/13/2021 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Consent Form, #2 VDRP) (Maldonado, C)
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Filing 4
SUMMONS ISSUED as to *Saul Jimenez-Sandoval, Terrence Tumey* with answer to complaint due within *21* days. Attorney *Michael A. Caddell* *Caddell & Chapman* *P.O. Box 1311* *Monterey, CA 93942*. (Maldonado, C)
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Filing 3
SUMMONS ISSUED as to *California State University, Fresno, Joseph Castro* with answer to complaint due within *21* days. Attorney *Michael A. Caddell* *Caddell & Chapman* *P.O. Box 1311* *Monterey, CA 93942*. (Maldonado, C)
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Filing 2
MOTION for PRELIMINARY INJUNCTION (Expedited Relief Requested) by Taylor Anders, Hennessey Evans, Abbigayle Roberts, Megan Walaitis, Tara Weir. (Attachments: #1 Memorandum, #2 Index of Exhibits, #3 Exhibit 1 - Anders Declaration, #4 Exhibit 2 - Evans Declaration, #5 Exhibit 3 - Roberts Declaration, #6 Exhibit 4 - Walaitis Declaration, #7 Exhibit 5 - Weir Declaration, #8 Exhibit 6 - Letter, #9 Exhibit 7 - Lopiano Report, #10 Exhibit 8 - Bryant Declaration, #11 Exhibit A - Letter, #12 Exhibit B - Letter, #13 Exhibit C - Letter, #14 Exhibit D - Letter, #15 Exhibit E - Letter, #16 Exhibit 9 - Clarification of Policy, #17 Exhibit 10 - 44 Federal Register 71,413, #18 [Proposed] Preliminary Injunction)(Caddell, Michael)
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Filing 1
COMPLAINT against All Defendants by Megan Walaitis, Taylor Anders, Abbigayle Roberts, Hennessey Evans, Tara Weir. Attorney Caddell, Michael A. added. (Filing fee $ 402, receipt number 0972-9414247) (Attachments: #1 Civil Cover Sheet)(Caddell, Michael)
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