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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)

Full Text

1,379 chars
[n]o person in the United States shall, on the basis of
      sex, be excluded from participation in, be denied the
  5
    The parties did not inform this court before oral argument that (1) the
putative additional plaintiffs had also all graduated and (2) those plaintiffs
had settled their separate lawsuit for class injunctive relief and were await-
ing approval of that settlement by the district court. We as judges take our
responsibilities seriously, preparing carefully before argument on all
issues presented in the briefs. Where, as here, the complexion of the case
has entirely changed while the appeal is pending, counsel for both parties
have an obligation to so inform the court. That is so even if a party
believes it has a basis for arguing that the issue should still be decided.
   No such notice of changed circumstances was given here. Instead, the
panel learned only at argument that Brust, Ludwig, and Bulala had gradu-
ated, and learned only after independent post-argument research that there
was a motion pending, to be heard in a matter of days, for approval of a
settlement for broad-ranging injunctive relief in the Brust litigation.
       MANSOURIAN v. REGENTS OF UNIVERSITY           OF   CALIFORNIA 2219
     benefits of, or be subjected to discrimination under
     any education program or activity receiving Federal
     financial assistance.