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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

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[1] After the district court denied the motion, Brust,
Bulala, and Ludwig initiated a separate lawsuit against UCD.
The district court certified a class of “[a]ll present, prospec-
tive, and future women students at [UCD] who seek to partici-
pate in and/or who are deterred from participating in
intercollegiate athletics at [UCD].” Stipulated Judgment and
Order at 1, Brust v. Regents of the Univ. of Cal., No. 07-1488
(E.D. Cal. Oct. 19, 2009). The parties to the Brust action
reached a settlement, approved by the district court, which
“resolves all class member claims for injunctive relief.” Id. at
10. Moreover, Brust, Ludwig, and Bulala have now graduated
from UCD. It is therefore apparent that, even if the district
court had erred in denying the motion to add Brust, Ludwig,
and Bulala initially, which we do not decide, they would no
longer be appropriate plaintiffs in this litigation for the pur-
poses of injunctive relief, as the current plaintiffs recognize.
See Flint v. Dennison, 488 F.3d 816, 824 (9th Cir. 2007)
(“Generally, once a student graduates, he no longer has a live
case or controversy justifying declaratory and injunctive relief
against a school’s action or policy, and his case is therefore
moot.”); Cole v. Oroville Union High Sch., 228 F.3d 1092,
1099 (9th Cir. 2000) (holding, where the two original plain-
tiffs had graduated and a third, later-joined plaintiff subse-
quently graduated before the appeal, that all three lacked
standing to seek injunctive relief).