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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Mansourian v. Regents of the University of California, 602 F. Supp. 3d 957 (2010)

Citation
Mansourian v. Regents of the University of California, 602 F. Supp. 3d 957 (2010)
Parent Document
Mansourian v. Regents of the University of California, 602 F. Supp. 3d 957 (2010)
Effective Date
2010-02-08

Other Sections in This Document (68)

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ticipated in wrestling” and that Mansourian, at least, was “on the wrestling
team roster” and received varsity-associated benefits. Moreover, UCD
listed four female varsity wrestlers in its 1999-2000 athletics report pursu-
ant to the Equity in Athletics Disclosure Act, 20 U.S.C. § 1092(g). View-
ing the facts in favor of the plaintiffs on UCD’s motion for summary
judgment, we conclude that the plaintiffs were varsity wrestlers for pur-
poses of Title IX.
   3
     OCR is the division of the United States Department of Education
charged with enforcing Title IX.
   4
     The Title IX claims are asserted only against the university. The indi-
vidual defendants are Larry Vanderhoef, University Chancellor; Greg
Warzecka, Athletic Director; Pam Gill-Fisher and Lawrence Swanson,
Associate Athletic Directors; and Robert Franks, Associate Vice Chancel-
lor for Student Affairs. We refer to the individual defendants and the Uni-
versity collectively as “UCD.”
2216 MANSOURIAN v. REGENTS OF UNIVERSITY    OF   CALIFORNIA
   Just before the scheduled hearing on class certification, the
plaintiffs requested a stay due to their attorney’s serious ill-
ness. During the ten-month stay, Mancuso, the only named
plaintiff still attending UCD at that point, graduated. As soon
as the stay ended, the plaintiffs moved to add as plaintiffs
three students, Kelsey Brust, Laura Ludwig, and Jessica
Bulala, all still enrolled at UCD. The district court refused to
allow the amendment, holding that the plaintiffs failed to meet
the good cause required under Federal Rule of Civil Proce-
dure 16 when such a motion is filed after the issuance of a
scheduling order. See Johnson v. Mammoth Recreations, Inc.,
975 F.2d 604, 607-08 (9th Cir. 1992). Without any named
plaintiffs currently attending UCD, the plaintiffs stipulated to
dismissal of the class claims for injunctive relief.