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Hardie v. The National Collegiate Athletic Association

United States District Court, S.D. California

March 24, 2015

DOMINIC HARDIE, Plaintiff,
v.
THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, a nonprofit association, et al., Defendants

For Dominic Hardie, Plaintiff: Jane Lynn Dolkart, Noel Roycroft, LEAD ATTORNEYS, Ray P McClain, PRO HAC VICE, Lawyers' Committee for Civil Rights Under Law, Washington, DC; Mark Andrew Woodmansee, LEAD ATTORNEY, Morrison and Foerster, San Diego, CA.

For National Collegiate Athletic Association, a nonprofit association, Defendant: Allan G King, LEAD ATTORNEY, PRO HAC VICE, Littler Mendelson, P.C., Dallas, TX; Heather L. Shook, LEAD ATTORNEY, Bingham McCutchen, Palo Alto, CA; Tanja L Darrow, Littler Mendelson, Los Angeles, CA.

ORDER: (1) GRANTING THE NCAA'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT; [ECF No. 132] (2) DENYING AS MOOT THE NCAA'S MOTIONS TO STRIKE; [ECF Nos. 129, 130, 131] (3) DENYING AS MOOT THE PARTIES' JOINT MOTION TO CONTINUE PRETRIAL CONFERENCE [ECF No. 157]

HON. GONZALO P. CURIEL, United States District Judge.

I. INTRODUCTION

Before the Court is Defendant The National Collegiate Athletic Association's (the " NCAA" ) Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment. (ECF No. 132.) Plaintiff Dominic Hardie (" Plaintiff" ) opposes. (ECF No. 142.)

The parties have fully briefed the motion. (ECF Nos. 132, 142, 146.) A hearing was held on March 5, 2015. (ECF No. 155.) Upon review of the moving papers, admissible evidence, oral argument, and applicable law, the Court finds that Title II of the Civil Rights Act of 1964 does not encompass a disparate impact theory of discrimination and therefore GRANTS Defendant's motion for summary judgment.

II. PROCEDURAL HISTORY

On February 13, 2013, Plaintiff filed a complaint, alleging racial discrimination, against the NCAA, Alliant International

Page 1164

University, International Girls Basketball Organization, and Town and Country Hotel, LLC. (ECF No. 1.) On May 31, 2013, the Honorable Gonzalo P. Curiel was assigned to this case. (ECF No. 67.) On December 4, 2014, Plaintiff filed a first amended complaint (the " FAC" ). (ECF No. 128.)

On December 8, 2014, the NCAA filed a motion for summary judgment or, in the alternative, partial summary judgment. (ECF No. 132.) The NCAA also filed three motions to strike the expert testimony and opinions of: (1) Katherine Beckett, (2) Lester S. Rosen, and (3) Marc Bendick, Jr. (ECF Nos. 129, 130, 131.) On January 30, 2015, Plaintiff filed oppositions to all four of the NCAA's motions. (ECF Nos. 139, 140, 141, 142.) On February 13, 2015, the NCAA filed responses to all four of Plaintiff's oppositions. (ECF Nos. 146, 147, 148, 149.)

III. FACTUAL BACKGROUND

Plaintiff is an African-American male and coach of several high-school women's basketball teams. (ECF No. 142-6, Ex. F, at 31:8-9, 63:24-64:3, 145:4-7.) On October 11, 2001, Plaintiff was convicted under Texas law of possession of a controlled substance with intent to distribute, a felony. (ECF No. 142-6, Ex. G.) In 2003, the NCAA implemented a policy barring all convicted felons from coaching NCAA certified tournaments held for recruiting student-athletes to NCAA Division I schools. (ECF No. 37-2 ¶ ¶ 13, 26.) In 2006, the NCAA modified its policy to allow convicted felons with non-violent felonies older than seven years to be NCAA-certified and therefore coach at such tournaments. ( Id. ¶ 26.) In 2010, under the 2006 policy, Plaintiff was certified by the NCAA for the 2010 and 2011 seasons. (ECF No. 142-6, Ex. F, at 100:19-101:1, 103:11-22.) In 2011, the NCAA reverted its policy back to barring all felons from certification. (ECF No. 37-2 ¶ ¶ 32-33; ECF No. 37-3, Ex. C.) When Plaintiff applied for certification for the 2012 and 2013 seasons, his application was denied under the 2011 policy. (ECF No. 37-2 ...


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