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Arezou Mansourian; Lauren v. Regents of the University of California

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA [Sacramento Division]


February 18, 2011

AREZOU MANSOURIAN; LAUREN FCD EFB MANCUSO; AND CHRISTINE WING-SI NG,
PLAINTIFFS,
v.
REGENTS OF THE UNIVERSITY OF CALIFORNIA, ET AL.
DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Frank C. Damrell, Jr

JOINT STIPULATION AND ORDER TO MODIFY STATUS (PRETRIAL SCHEDULING) ORDER TO CONTINUE TRIAL DATE

Courtroom: 2, 15th Flr. Judge: Hon. Frank C. Damrell, Jr

Complaint filed: December 18, 2003

Trial date: April 26, 2011

1. The parties, by and through their counsel of record, jointly request that the Court issue an Order shortening time to hear and brief Plaintiffs' Motion to Modify Status (Pretrial Scheduling) Order to Continue Trial Date ("Motion") on the expedited schedule set forth below, for the reasons set forth in this Stipulation.

2. This action was filed in December 2003. Plaintiffs allege that defendants have violated Title IX of the Education Amendments of 1972 (20 U.S.C. § 1621 et seq.) and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution (as enforced through 42 U.S.C. § 1983)by denying females equal opportunity to participate in varsity athletics as compared to males at the University of California at Davis from 1998 to 2006. Defendants deny the allegations.

3. On June 23, 2010, the Court issued its Status (Pretrial Scheduling) Order. (Dkt. 414.)

On September 13, 2010, the Court granted the parties' joint Stipulation and Order to Modify the Status (Pretrial Scheduling) Order, which, (1) extended the Discovery Cut-Off date to October 25, 2010 (not including Individual Defendant financial status discovery), (2) extended the last day to hear dispositive motions to December 6, 2010, and (3) suspended the discovery deadline for financial information from Individual Defendants until after the Court ruled on the (then anticipated) Individual Defendants' motions for summary judgment. (Dkt. 436.)

4. On September 9, 14, and 22, 2010, Defendants filed motions for summary judgment on behalf of each of the individual defendants on the § 1983 claims. (Dkt. 417-34, 437-50, 452-55.) Plaintiffs voluntarily dismissed Defendant Larry Swanson on November 8, 2010 (Dkt. 465) and opposed the motions on behalf of the four remaining Defendants on November 9, 2010 (Dkt. 466-83). On December 8, 2010, the Court issued a decision granting in part and denying in part the summary judgment motions filed by the individual Defendants. (Dkt. 509.)

5. On October 8, 2010, during briefing on Defendants' summary judgment motions, Plaintiffs filed a Request for Referral to Settlement Conference (Dkt. 457), which was granted. The Settlement Conference took place on December 16, 2010 before the Honorable Kimberly J. Mueller. However, the case did not settle.

6. The current Status (Pretrial Scheduling) Order sets this case for trial on April 26, 2011. (Dkt. 414 § VII.) The Final Pretrial Conference set for March 4, 2011 and the deadline to file the Joint Pretrial Conference Statement on February 25, 2011. (Id. § VI.)

7. The current pre-trial schedule requires the Joint Pre-Trial Statement, which demands extensive briefing and pre-trial preparation, to be completed by February 25, 2010, the same date as this Motion, if fully noticed, would be heard. The parties recognize that prompt resolution of Plaintiffs' Motion will allow the parties to engage in pre-trial matters expeditiously and efficiently.

8. On January 25, 2011, Plaintiffs filed a Motion to Modify Status (Pretrial Scheduling) Order to Continue Trial Date. (Dkt. 521.) The parties filed opposing and reply papers on February 1st and 7th, respectively (Dkt. 525, 528) and the Court held a hearing on February 25, 2011. At the hearing, the Court distributed proposed pretrial and trial related dates and requested that the parties further meet and confer to refine the dates. On February 17, 2011, the parties emailed revised dates to the Court, to which the Court agreed.

9. Accordingly, the parties respectfully request that this Court modify the Status (Pretrial Scheduling) Order as follows: Date Event April 15, 2011 Pretrial Statement Due: Liability Phase Issues Only.

Parties to inform Court if additional days needed.

April 21, 2011 Final Pretrial Conference.

May 10, 2011 Motions in limine/Trial Briefs due:

Liability Phase Issues Only.

May 17, 2011 Oppositions to motions in limine due.

May 20, 2011 Replies to motions in limine due.

May 23, 2011 Commence court bench trial on issues of liability. (1:30 pm)

June 9, 2011 Conclude court bench trial on issues of liability. Tentative Dates: Tentative Date Event Early July 2011 Court issues findings of facts and conclusions of law, including ruling on motion to reconsider denial of protective order. If necessary, damages discovery continues. Responsive documents to be provided within five court days of decision on liability/motion to reconsider.

July 26, 2011 Damage discovery closes.

July 29, 2011, Damages phase pretrial statement due; subject to Damages phase motions in limine due; modification Proposed voir dire, jury instructions; and depending on date of Verdict forms due. issuance of liability decision.

August 2, 2011 Opposition to motions in limine due.

August 3, 2011 Reply to motions in limine due.

August 5, 2011 Damages Phase Pretrial Conference (rulings on voir (1:30 pm) dire, jury instructions, verdict forms, motions in limine).

August 8-11, 2011 Jury trial on damages.

Respectfully submitted,

DATED: February 22, 2011 PORTER SCOTT /s/ David Burkett David P.E. Burkett Attorneys for Defendants DATED: February 22, 2011 THE STURDEVANT LAW FIRM A Professional Corporation /s/ Whitney Huston WHITNEY HUSTON Attorneys for Plaintiffs DATED: February 22, 2011 EQUAL RIGHTS ADVOCATES /s/ Noreen Farrell NOREEN FARRELL Attorneys for Plaintiffs

ORDER

GOOD CAUSE HAVING BEEN SHOWN, the Court hereby grants the parties Joint Stipulation and Order to modify the Status (Pretrial Scheduling) Order as follows:

Date Event April 15, 2011 Pretrial Statement Due: Liability Phase Issues Only.

Parties to inform Court if additional days needed.

April 21, 2011 (10:00 a.m.) Final Pretrial Conference.

May 10, 2011 Motions in limine/Trial Briefs due:

Liability Phase Issues Only.

May 17, 2011 Oppositions to motions in limine due.

May 20, 2011 Replies to motions in limine due.

May 23, 2011 Commence court bench trial on issues of liability. (1:30 pm)

June 9, 2011 Conclude court bench trial on issues of liability.

Tentative Dates:

Tentative Date Event

Early July 2011 Court issues findings of facts and conclusions of law, including ruling on motion to reconsider denial of protective order. If necessary, damages discovery continues. Responsive documents to be provided within five court days of decision on liability/motion to reconsider.

July 26, 2011 Damage discovery closes.

July 29, 2011, Damages phase pretrial statement due; subject to Damages phase motions in limine due; modification Proposed voir dire, jury instructions; and depending on date of Verdict forms due. issuance of liability decision.

August 2, 2011 Opposition to motions in limine due.

Tentative Date Event August 3, 2011 Reply to motions in limine due.

August 5, 2011 Damages Phase Pretrial Conference (rulings on voir (1:30 p.m.) dire, jury instructions, verdict forms, motions in limine).

August 9-11, 2011 (9:00 a.m.) Jury trial on damages.

IT IS SO ORDERED.

20110218

© 1992-2011 VersusLaw Inc.



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