Case 4:99-cv-00660-mb Document 9 Filed in USDC ND/OK on 10/28/99 Page 1 of 2

!N..THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT QE.,OKLAHOMA

ROBERT AND CHERYL MCCARTNEY,

)

as parents and next friend of their minor

)

daughter, ALLISON MCCARTNEY;

)

DEBORAH AND MICHAEL JOHNSON,

)

as parents and next friend of their minor

)

daughter, RIKKEE JOHNSON; and DANIEL )

AND KELLY JANTZ, as parents and next

)

friend of their minor daughter, SHELBY

)

SHEATS;

)

)

Plaintiffs,

)

v.

)

)

INDEPENDENT SCHOOL DISTRICT NO. 32 )

OF MAYES COUNTY, alkJa CHOUTEAU

)

PUBLIC SCHOOLS; JOHN PHILLIPS,

)

individually and in his official capacity as

)

Superintendent; and Does 1 through 50,

)

)

Defendants.

)

0 FILE D OCT 281999
Phil L.ombardi, Clerk
U.S. DISTRICT COURT
(J)j Case No. 99-CV-0660 BU

ORDER FOR CLASS ACTION CERTIFICATION

After careful consideration of the question of Class Action Certification, the Court finds

that Plaintiffs have met all of the applicable requirements of Fed. R. Civ. Proc. 23(a) and that

the class is properly certified under Fed. R. Civ. Proc. 23(b)(2). Based upon the foregoing, and

good cause appearing therefore, the Court finds that the case should proceed as a Class Action

case and further finds that the class should be defined as suggested by Plaintiffs in their Brief

in Support of Class Action Certification.

It is, therefore, hereby ORDERED that the above-captioned action is certified as a class defined as follows:

All present and future female students entolled at Chouteau Public Schools who participate, seek to participate, or are deterred from participating in interscholastic and other school-sponsored athletics at Chouteau Public Schools.

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It is further ORDERED that Plaintiffs need not provide any formal notice to any members of the certified class.

Dated: APPROVED AS TO FORM:

CHAEL BURRAGE, JU E UNITED STATES DIST T COURT

SAMUEL J. SILILLLEERR, OBA #016067 Schiller Law Firm P.O. Box 159 Haskell, OK 74436 (918) 482-5942 Attorney for Plaintiffs and the Prospective Class
, OBA #009944 Universi of Tulsa College of Law 3120 East 4th Place Tulsa, OK 74104 (918) 631-2442 Attorney for Plaintiffs and the Prospective Class
.....
KAREN LONG, OBA #5510 ROSENSTEIN, FIST & RINGOLD 525 South Main, Suite 700 Tulsa, OK 74103 Attorney for Defendants

2

 
 Case 4:99-cv-00660-mb Document 21 Filed in USDC ND/OK on 06/27/00 Page 1 of 10

INQE UNITED STATES DISTRICT CORT FOR THE NORTHERN DISTRICT OF OKLAHOMA

ROBERT AND CHERYL MCCARTNEY,

)

as parents and next friends of their minor

)

daughter, ALLISON MCCARTNEY; DEBORAH )

and MICHAEL JOHNSON, as parents and next )

friends of their minor daughter, RIKEE

)

JOHNSON; and DANIEL and KELLY JANTZ )

as parents and next friends of their minor daughter )

SHELBY SHEATS,

)

)

Plaintiffs,

)

)

vs.

)

)

INDEPENDENT SCHOOL DISTRICT NO. 32 )

of MAYES COUNTY, a/k/a CHOUTEAU PUBLIC)

SCHOOLS; JOHN PHILLIPS, individually and in )

his official capacity as Superintendent, and Does 1 )

through 50,

)

)

Defendants.

)

FILED
JUN272000V
Pi'll! lombardi, Clerk U.S. DISTRiCT COURT
J' Case No.: 99-CV-0660 BU (J)
CLASS ACTION

SETTLEMENT AGREEMENT
This SettlementAgreement is entered into by and between the Plaintiffs, Robert and Cheryl McCartney, as parents and next friend of their minor daughter, Allison McCartney; Deborah and Michael Johnson, as parents and next friend of their minor daughter, Rikee Johnson; and Daniel and Kelly Jantz, as parents and next friend of their minor daughter, Shelby Sheats and the Defendants, Independent School District No. 32 of Mayes County, Oklahoma, also known as Chouteau-Mazie Public Schools (hereafter"School District") and John Phillips, individually and in his official capacity as Superintendent (hereafter "Phillips"). Plaintiffs are also representatives of a class certified as "All present and future female students enrolled at Chouteau Public Schools who participate, seek to participate, or are deterred from participating in interscholastic and other school-sponsored athletics at Chouteau Public Schools."
WHEREAS, Plaintiffs have sued the School District with respect to their claims that the School District has violated Title IX of the Education Amendments of 1972 and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and have contended that the School District has denied female students at the School District an equal opportunity to participate in interscholastic and other school sponsored athletics and have denied equal treatment and benefits that should accompany equal participation opportunities;
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WHEREAS, the School District and Phillips denied the violations of Title IX attributed to either or both of them and have contended that the District's sports' program is responsive to the interest of girls in school sports and have contended in their Answer that female students have participation opportunities and treatment and benefits that are equivalent to those available to male students;
WHEREAS, Plaintiffs and the School District desire to avoid the uncertainty, time, and expense of maintaining and defending a lawsuit which would consider and decide their competing positions;
WHEREAS, this Agreement represents the Plaintiffs' and Defendant's mutual desire for the District to achieve full compliance with Title IX and its implementing regulations regardless of the parties' divergent views regarding compliance;
NOW THEREFORE, intending to be legally bound hereby, the parties agree to settle this matter as set forth below.
1. The School District agrees to take affirmative steps to increase the participation of female students in the District's athletic program. The District shall, by May 20, conduct a sports interest survey for the specific purpose of determining the interest of female students in grades 5 thru 11 in the addition of and participation in volleyball and soccer atthe high school level and volleyball, soccer, and fast and slow pitch softball at the middle school level. Based on the results of the student interest survey, specific to those sports, and in combination with other factors related to the assessment of interest, the District shall add girls' sports for the 2000-2001 school year if necessary to accommodate girls' interest in school sponsored sports. The District agrees to engage in the active promotion of sports participation opportunities available to girls and active promotion of the dates for try-outs for various sports. The District's addition of new sports shall include the assignment of coaching salaries in a gender neutral fashion.
2. The School District shall conduct a written survey of student interest in school sports at least once every three years following the Spring 2000 sports interest survey. The survey shall serve as an aid in determining the interest of female students in school sponsored sports and may be conducted more frequently ifthe school elects to do so. The survey shall be one of several tools utilized by the District in assessing the extent to which its athletic program is responsive to student interest. Other tools which the District may utilize include the professional opinion ofthe District's coaching staff, parental and student comment, information regarding sports activities that are prominent in the surrounding community, the effect of potential new sports on existing school sponsored sports' opportunities for girls, and similar information. The School District shall utilize this
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information to determine whether new sports should be offered to female students or whether additional teams involving existing sports should be added. The District's review of its existing sports program and the extent to which it accommodates girls' interest in sports should be an ongoing process involving the District's continuous monitoring of the opportunities for girls to participate in sports combined with ensuring that sports offered are responsive to girls' interest in sports.
3. The School District agrees to establish a system for accounting for revenues and expenditures for male and female sports. A revenue and expenditure report shall be available from the School District, upon written request, within twenty working days following the closure of the District's fiscal year (June 30) which shall show for each sport the amount expended by the District with respect to the sport. An individual requesting copies of this information shall pay the District's customary cost for public records. An individual may also choose to inspect records and may do so in accordance with the provisions of the Oklahoma Open Records Act which includes the right to inspect public records. Sources of revenues and expenditures shall include general fund revenues, booster club donations, or other third party donations or payments. The District agrees that it has the responsibility to equitably support boys' and girls' sports.
4. The District shall publish to students at least once during the 2000-2001 school year its commitment to equal opportunity for male and female student athletes to include participation opportunities and equal treatment and benefits, notice of the District's grievance procedure which can be used for reporting possible gender inequity with respect to the District's sports offerings, and the identity, address, and telephone number of the District's Title IX Compliance Officer.
5. The School District for the 2000-2001 school year shall institute specific training related to gender equity in school sponsored sports which training shall be delivered to the District's administrative and athletic staff and shall also include any other staff members or volunteers who are associated with the District's program of school sponsored sports. Upon a public records request, the District shall furnish information concerning the date, time and location of training and shall also furnish a program agenda sufficient for any interested party to identify the matters covered.
6. The District shall encourage parents to support interscholastic sports through fund raisers and in other ways designed to enhance opportunities to secure financial and parental support for school sponsored sports. Plaintiffs for themselves and the class they represent agree that parental support of school sponsored sports is a critical component of a well-rounded and successful sports program. To this end Plaintiffs agree to support the District's school sponsored sports' program as boys' parents are requested and
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encouraged to participate in the support of school sports. The reference to parental contributions, in this Section, refers to Plaintiffs and class efforts made in support of school sports and is not meant as a reference to a specific level of monetary contributions.
7. The School District acknowledges its obligation to select coaches for all teams (male and female) using the same criteria and with the same motivation to attract qualified and skilled coaches. Plaintiffs acknowledge that not all sports or teams or schools are able to attract equally qualified coaches. The School District must utilize a gender neutral system for attracting coaches for all of its teams. Similarly, if the District chooses to use lay or volunteer coaches it must afford the opportunity for additional coaching without regard to team gender. The coach-player ratio shall be consistent with the regulations of Title IX. Coaches, with respect to the scheduling of games, shall make reasonable effort to schedule a full slate of competition opportunities for teams and shall alert the District's Athletic Director of any reasons resulting in a reduced competition schedule.
8. The District's first position opening, which includes a coaching position, will be reserved for a girls' team head coach. This obligation may also be satisfied by assigning an individual who is not currently a head coach to a position as head coach for a girls' sport.
9. The District shall, beginning with the 2000-2001 school year, provide off season training opportunities to female athletes that are equivalent to those available to male athletes. This recognizes that a student's capacity to use the opportunity may be affected by factors such as the student's academic schedule or other sports or activities selected by the student.
10. The School District agrees that it has an obligation to furnish equipment, supplies, and uniforms, for students who participate in school sponsored sports, in a manner that does not discriminate on the basis of gender.
11. Plaintiffs agree, with respect to uniforms, equipment, and supplies, to promptly notify the Athletic Director or the Superintendent in writing of any instance where they have formed a belief that equipment, supplies, or uniforms fall short of Title IX requirements. This shall include equipment, supplies, or uniforms which Plaintiffs believe are the responsibility of the school to provide to female athletes and which Plaintiffs have concluded are routinely provided to male teams or athletes. Plaintiffs' notification to the Athletic Director or the Superintendent shall include the facts underlying their belief that female students have been treated unfairly with respect to these areas and that any disparity in treatment is based on gender. Plaintiffs, in addition to or as a part of
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notification, may utilize the District's grievance procedure applicable to claims of discrimination.
12. The School District has a designated weight room which is available to students without regard to gender. In order to facilitate meaningful use of the weight facilities, the District shall insure that coaches of female teams receive special instruction regarding the value of strength and conditioning and with respect to the use of the weight room to enhance athletic skills and training. Supervision of the weight room shall be performed in a manner conducive to equal access to weight facilities and equipment for males and females. Signage added to the outside of the weight room shall identify it as a "Co-Educational Weight Facility".
13. The girls' dressing room located in the junior high school gym shall be furnished with a set of dumbbells ranging in weight from 3 to 21 pounds, and free weights in poundage appropriate for female use. Access to the heavier weights located in the boys' junior high dressing room shall be available to girls during hours which shall be specified at the beginning of each school year.
14. The parties have toured the District's facilities for the purpose of identifying modifications to facilities which are desirable to ensure that the District's athletic facilities, assigned to female athletes, are equivalent to those available to male athletes. Improvements to the District's softball field shall include:
a. purchase of movable fencing which shall be installed in connection with the fast pitch softball season to establish a fence distance between 185' and 225';
b. modification of the existing press box to include enclosure of the press box and any public address system added to the press box on the baseball field shall be duplicated in the press box on the softball field;
c. signage installed on the fence of the softball field which identifies the District's softball field and advises the public that the District's teams have priority use of the field;
d. maintenance of the field prior to the 2000 fast pitch softball season shall include overseeding, aeriation, spraying of pre and post emergent, and sand to be used to fill in ruts in the field;
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()

o

"

e. construction of a bull-pen in an area to be mutually determined;

f.

construction of a batting cage to include a frame with net (which

District has on site) to be hung at the beginning of each softball

season and removed at the end of the season to avoid unnecessary

wear, tear, and vandalism to the net;

g. dug-outs and dug-out benches which shall duplicate those on the baseball field;

h. consideration shall be given to replacing the scoreboard on the softball field with a larger scoreboard at such time as a larger scoreboard becomes available or when the District replaces the existing scoreboard.

The District has a football locker room located at the south end of the football field and two girls' and two boys' locker rooms located in the Middle School Gym. The football locker room shall continue to be used by male athletes during the football season and the remainder of the first semester. During the second semester of each year the football locker room shall be utilized for girls' sports as designated by the School District. The District reserves the discretion to provide for boys' and girls' use of the football locker room outside of the period when the facility is designated primarily for use by boys or girls as long as the use does not interfere with the primary gender's scheduled use of the facility. Dual use of the facility shall end at such time as the District has added facilities that provide adequate locker/dressing room facilities sufficient to meet the needs of both genders.

15. The schedule for basketball games shall be based on gender neutral factors. This is not an issue when junior varsity boys and girls compete at the same time in different gyms orwhere competition is scheduled at non-school locations. To the extent that varsity games are traditionally scheduled to require varsity girls to play just prior to varsity boys - the District shall, in determining the varsity basketball schedule, take into consideration gender neutral factors and shall consider the best interests of the respective teams.

16. The parties agree that athletes in all sports benefit from the attention and publicity that may accompany participation and competition. Attention may be focused on a particular sport or individual athletes based on media interest in sports or athletes which the District may have little or no influence over. Likewise, the attention may be based on

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District efforts to recognize sports and athletes such as the introduction of athletes at opportune times during football games or other sporting events prominent in the school district, through pep assemblies, through announcements made over a school's intercom system, or through school or school-related publications that publicize school sports or individual athletes. The District agrees to afford female athletes with publicity that, to the best of its effort, is equivalent to the opportunities for publicity available to male athletes. The parties recognize that teams, male or female, may receive more publicity both inside the District and outside the District, based on fan support for a particular sport, achievement in a given year such as advancement to regional or state competition, or based on the extraordinary accomplishments of a particular team or individual athlete. This extra attention, when not tied to gender, neither violates the District's obligations under Title IX nor creates a special obligation of the District with respect to those athletes or teams who do not receive as much attention as another team or athlete.
17. Female athletes shall be treated in the same manner as male athletes with respect to travel, food, lodging and similar privileges. This means that females who have the opportunity to participate in out-of-state tournaments shall be given the same benefits as males who have that opportunity. Male and female students shall be treated in the same manner with respect to travel arrangements, housing, meals and similar areas in matters that involve support for teams and athletes.
18. The District and Plaintiffs acknowledge the interest that athletes participating in school sponsored sports may have in connection with scholarship opportunities connected with sports. The District's coaches shall be responsive to student or parent requests to respond to third party requests for information regarding a student and her involvement in school sports. Students and parents should alert coaches to pending requests for information and should cooperate with the coaches in the provision of information relevant to outside inquiries.
19. This Settlement Agreement is approved by and entered as an order and judgment of the Court and shall be subject to the full enforcement powers of the Court. The parties agree not to object to the Court's authority to enforce the terms of the Settlement Agreement. In the event a party believes that there has been a default of an obligation created by this Agreement and that the default is the result of gender discrimination, prohibited by Title IX, such party shall take its complaint through the District's Grievance Procedure applicable to claims of discrimination.
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20. Plaintiffs agree to release and by this instrument release the School District and Phillips, their attorneys, assigns and successors, of any and all claims, liabilities, or actions which Plaintiffs presently have or have had against the School District and Phillips existing as of the date of execution of this Agreement.

21. The parties shall enter a Stipulation for Dismissal With Prejudice which shall be filed in this matter within five calendar days ofthe final disposition of all issues including the issue of attorney fees and costs, which shall be addressed in a separate document.

22. This Agreement shall be binding on the successors, assigns, and transferees of the School District and the Plaintiffs as well as the class which the named Plaintiffs represent.

23. This Agreement contains the complete description of the terms between the parties. All material representations, understandings and promises of the parties are contained in this Agreement and the separate document concerning attorney fees and costs.

24. Any modifications to this Agreement must be set forth in writing and signed by all parties.

25. The parties acknowledge that each has been represented by legal counsel,

of their choice, at all times material to this action and that they have had a full opportunity

to consult with legal counsel throughout the legal proceedings occasioned by Plaintiffs'

lawsuit.

thiS~ay Signed

of June, 2000.

HONORABLE MICHAEL BlAhl'KA. JUDGE OF THE DISTRI

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~~t£
DANIEL JANTt/
!J

K~
SCHILLER LAW FIRM
ByS:am~u~el~Jo~S~chfojr,cO.B~A ~#0:16:0-67--_ _ Ray Vasser, BA #009944 Post Office Box 159 Haskell, OK 74436 (918) 482-5942 Telephone (918) 482-1264 Facsimile Attorneys for Plaintiffs

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Case 4:99-cv-00660-mb Document 21 Filed in USDC ND/OK on 06/27/00 Page 10 of 10

, ' ".....,
. j

o

INDEPENDENT SCHOOL DISTRICT

NO. 32 OF TULSA COUNTY,

OKLAHOMA, also known as

CHOUTEAU PU

. CHO

BY:~(
Jo Phillips, Superintendent

ROSENSTEIN, FIST& RINGOLD

By: , - : : - . .

' - ....

Karen L. Long, OBA #5510 525 South Main, Suite 700

Tulsa, OK 74103 (918) 585-9211 Telephone

(918) 583-5617 Facsimile

Attorneys for Defendants

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 Case 4:99-cv-00660-mb Document 22 Filed in USDC ND/OK on 07/17/00 Page 1 of 2
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA

ROBERT and CHERYL McCARTNEY, as parents and next friends of their minor daughter, ALLISON McCARTNEY; DEBORAH and MICHAEL JOHNSON, as parents and next friends of their minor daughter, RIKEE JOHNSON; and DANIEL and KELLY JANTZ, as parents and next friends of their minor daughter, SHELBY SHEATS,
Plaintiffs,
vs.
INDEPENDENT SCHOOL DISTRICT NO. 32 ofMAYS COUNTY, a/k/a CHOUTEAU PUBLIC SCHOOLS;
Defendant.

)

) ) )

Y F I LED JUL 17 2000

)

)

Puh.sil.

Lombardi. Clerk
DISTRICT COURT

)

)

)

)

)

~ J Case No.: 99-CV-0660 BU (J)

)

CLASS ACTION

)

)

)

)

)

JOINT STIPULATION OF DISMISSAL
Pursuant to Rule 41(a) ofthe Federal Rules of Civil Procedure, the Plaintiffs, Robert and Cheryl McCartney, as parents and next friend of their minor daughter, Allison McCartney; Deborah and Michael Johnson, as parents and next friend of their minor daughter, Rikee Johnson; and Daniel and Kelly Jantz, as parents and next friend of their minor daughter, Shelby Sheats, hereby stipulate with the Defendant, Independent School District No. 32 ofMays County, a/k/a Chouteau-Mazie Public Schools, that this action shall be dismissed with prejudice.

Case 4:99-cv-00660-mb Document 22 Filed in USDC ND/OK on 07/17/00 Page 2 of 2
-'- --
Dated this 17TH day oof-f---_ '-------_ 'J:..;uJc_:U:L_-L=_ Y-y__ __ __ __ _," 2000. Respectfully submitted,

Samuel J. Schier, OBA #016067 Ray Yasser, BA #009944 SCHILLER LAW FIRM Post Office Box 159 Haskell, OK 74436 (918) 482-5942 Telephone (918) 482-1264 Facsimile Attorneys for Plaintiffs

- ' " Karen L. Long, OBA #5510

ROSENSTEIN, FIST & RINGOLD

i
;1

525 South Main, Suite 700

1

Tulsa, Oklahoma 74103-4500

-.~

(918) 585-9211

(918) 583-5617 (facsimile)

Attorneys for Defendants Except Does 1 through 50

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 Case 4:99-cv-00660-mb Document 1 Filed in USDC ND/OK on 08/10/99 Page 1 of 21

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA

ROBERT AND CHERYL MCCARTNEY,

)

FILED

as parents and next friend of their minor

)

daughter, ALLISON MCCARTNEY;

)

DEBORAH AND MICHAEL JOHNSON,

)

as parents and next friend of their minor

)

daughter, RIKKEE JOHNSON; and DANIEL )

DISr~rrdl, ~ AUG10199~

U.PSh. il Lom

Clerk

j

cr COUR.,. )

AND KELLY JANTZ, as parents and next friend of their minor daughter, SHELBY SHEATS;

~ 9CV0660BUeJ)

)

Plaintiffs,

)

Case No.

~

)

)

INDEPENDENT SCHOOL DISTRICT NO. 32 )

OF MAYES COUNTY, a/k/a CHOUTEAU

)

PUBLIC SCHOOLS; JOHN PHILLIPS,

)

individually and in his official capacity as

)

Superintendent; and Does 1 through 50,

)

)

Defendants.

)

CLASS ACTION COMPLAINT The above-captioned Plaintiffs, as parents and next friends of their minor daughters, and on behalf of all others similarly situated ("Plaintiffs"), respectfully file this Complaint against Defendants, INDEPENDENT SCHOOL DISTRICT NO. 32 OF MAYES COUNTY, a/k/a CHOUTEAU PUBLIC SCHOOLS; JOHN PHILLIPS, individually and in his official capacity as Superintendent; and Does 1 through 50, and allege as follows:

STATEMENT OF THE CASE 1. This action is posed as a class action for declaratory and injunctive relief brought on behalf of female students at Chouteau Public Schools in Chouteau, Oklahoma. The named

Case 4:99-cv-00660-mb Document 1 Filed in USDC ND/OK on 08/10/99 Page 2 of 21
v
plaintiffs are also seeking compensatory damages in their individual capacities. Defendants have violated (I) Title IX of the Education Amendment of 1972,20 U.S.C. §1681 et seq. ("Title IX") and the regulations adopted thereto, and (2) the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and 42 U.S.C. §1983, by intentionally denying the female students at Chouteau Public Schools (1) an equal opportunity to participate in interscholastic and other school-sponsored athletics and (2) the equal treatment and benefits that must necessarily accompany an equal opportunity to participate.
2. Defendants' denial of equal participation and equal treatment and benefits constitutes intentional discrimination against the named plaintiffs and all members of the class based solely on their gender. Specifically, as to unequal participation opportunities, Defendants have discriminated against female students at Chouteau Public Schools in the accommodation of student interests and abilities in athletics by knowingly and intentionally selecting and offering sports and levels of competition in a manner which discriminates against female students. Notwithstanding the significant number of female students at Chouteau Public Schools who have the interest and abilities necessary to participate in athletics, Defendants have refused to provide them with an equal opportunity to do so. Furthermore, as to unequal treatment and benefits, Defendants have discriminated against Chouteau Public Schools' female students in the following areas: (1) equipment and supplies; (2) scheduling of games and practice times; (3) travel; (4) opportunity to receive qualified coaching; (5) assignment and compensation of coaches; (6) provision of locker rooms and facilities for both practice and competition; and (7) publicity.
3. This action seeks to redress the deprivation of the named Plaintiffs' rights and the rights of the class to an equal opportunity to participate in interscholastic and other school-
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sponsored athletics and to receive the equal treatment and benefits which must necessarily accompany an equal opportunity to participate. This action seeks a declaratory judgment that Defendants have violated the rights of Chouteau Public Schools' female students under federal law and the United States Constitution. This action further seeks an injunction requiring Defendants to immediately cease their discriminatory practices and to remedy the effects of their discriminatory practices and to remedy the effects of their discriminatory conduct.
4. Plaintiffs seek injunctive relief which, among other things, requires that Defendants sponsor and fund a sufficient number of additional athletic teams for female students to obtain meaningful participation opportunities which are comparable to those offered to male students enrolled at Chouteau Public Schools.
5. Plaintiffs further seek injunctive relief which requires that Defendants provide the girls' athletic teams at Chouteau Public Schools with equal treatment and benefits as Chouteau Public Schools already provides to its boys' athletic teams.
6. The named Plaintiffs, in their capacities as the parents and next friends of their minor daughters, seek monetary relief in order to compensate them for their damages resulting from Defendants' discrimination in its athletics program, including, among other things, (I) the damages associated with their daughters' lost opportunities to participate in athletics, (2) the damages associated with their daughters' reduced opportunities to obtain college athletic scholarships, and (3) other damages, physical and emotional, resulting from their daughters' being subjected to discrimination, harassment, and unequal treatment and benefits in athletics on the basis of gender.
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·
JURISDICTION ~VENUE 7. The first claim arises under 20 U.S.C. §1681, et seq. and its interpreting regulations. Jurisdiction is conferred on this Court by 28 U.S.C. §§ 1331, 1343(a)(3), and 1343(a)(4). 8. The second claim also arises under 20 U.S.C. §1681 et seq. and its interpreting regulations. Jurisdiction is conferred on this Court by 28 U.S.C. §§ 1331, 1343(a)(3), and 1343(a)(4). 9. The third claim arises under the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution and 42 U.S.C. §1983. Jurisdiction is conferred on this Court by 28 U.S.C. §§ 1331, 1343(a)(3), and 1343(a)(4). 10. Jurisdiction for declaratory and other relief is invoked pursuant to 28 U.S.C. §§ 2201(a) and 2202. 11. Venue is proper pursuant to 28 U.S.C. §1391(b). These claims arose in Chouteau, Oklahoma, which is within the jurisdiction of this Court.
THE PARTIES 12. Plaintiffs Robert and Cheryl McCartney are the parents of Allison McCartney, a 14-year-old 9th grade student at Chouteau Public Schools. Allison is a talented athlete who participates in softball, track and basketball. Her opportunities to participate in interscholastic and other school-sponsored athletics are not comparable to the opportunities afforded to boys who are similarly situated. In addition, she has endured the unequal treatment and benefits directed by Chouteau Public Schools toward their female athletes. The McCartneys are residents of
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Chouteau, Oklahoma, which is within the jurisdiction of this Court. 13. Plaintiffs Deborah and Michael Johnson are the parents of Rikkee Johnson, a 15-
year-old 9th grade student at Chouteau Public Schools. Rikkee is a talented athlete who participates in softball, track and basketball. Her opportunities to participate in interscholastic and other school-sponsored athletics are not comparable to the opportunities afforded to boys who are similarly situated. In addition, she has endured the unequal treatment and benefits directed by Chouteau Public Schools toward their female athletes. The Johnsons are residents of Chouteau, Oklahoma, which is within the jurisdiction of this Court.
14. Plaintiffs Daniel and Kelly Jantz are the parents of Shelby Sheats, a 14-year-old 9th grade student at Chouteau Public Schools. Shelby is a talented athlete who participates in softball, track, and basketball. Her opportunities to participate in interscholastic and other schoolsponsored athletics are not comparable to the opportunities afforded to boys who are similarly situated. In addition, she has endured the unequal treatment and benefits directed by Chouteau Public Schools toward their female athletes. The Jantz' are residents of Chouteau, Oklahoma, which is within the jurisdiction of this Court.
15. Defendant Independent School District No. 32 of Mayes County, a!k/a Chouteau Public Schools, is a public school district authorized by 70 Okla. Stat. §1-101 et seq. to operate and control Chouteau Public Schools, where the Plaintiffs' daughters are students. Therefore, Chouteau Public Schools' conduct is considered state action under 42 U.S.C. §1983. Defendant Chouteau Public Schools is located in Chouteau, Oklahoma, which is within the jurisdiction of this Court. Since the passage of Title IX, Chouteau Public Schools has received and continues to receive federal financial assistance and the benefits therefrom. Therefore, all programs at
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Chouteau Public Schools, including athletics, are subject to the requirements of Title IX. 16. Defendant, John Phillips, is the Superintendent of Schools at Chouteau Public
Schools. Mr. Phillips is a resident of the state of Oklahoma and thus is subject to the jurisdiction of this Court.
17. The named Plaintiffs are ignorant of the true names and capacities of Does I-50, but believe them to be employees of Chouteau Public Schools or members of the Chouteau Public Schools School Board. Plaintiffs will seek to amend this Complaint to set forth their true names and capacities when they are ascertained. Plaintiffs are informed and believe, and on that basis allege, that each of these fictitiously named defendants is responsible in some manner for the discriminatory actions alleged herein and that each is a resident of the State of Oklahoma and thus is subject to the jurisdiction of this Court.
CLASS ALLEGATIONS 18. The named Plaintiffs bring these claims on behalf of their minor daughters, and, pursuant to Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure, for declaratory and if\iunctive relief, on behalf of all present and future female students enrolled at Chouteau Public Schools who participate, seek to participate, or are deterred from participating in interscholastic and/or other school-sponsored athletics at Chouteau Public Schools. 19. Each of the named Plaintiffs' daughters is a student at Chouteau Public Schools and is an athlete who is subjected to Chouteau Public Schools' unequal treatment and benefits. 20. In bringing this lawsuit, Plaintiffs seek to require Defendants to comply with Title IX and the Equal Protection Clause of the Fourteenth Amendment to the United States
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v
Constitution by ending their discriminatory policies toward the girls' athletics programs in Chouteau Public Schools. Accordingly, Plaintiffs seek injunctive reliefrequiring Chouteau Public Schools to fund and sponsor girls' sports so that the interests and abilities of all female students at Chouteau Public Schools are accommodated in a non-discriminatory manner. Plaintiffs propose to represent all female students at Chouteau Public Schools who wish to participate in any interscholastic and other school-sponsored athletics that are not funded and sponsored by Chouteau Public Schools. In addition, Plaintiffs, whose daughters are currently athletes at Chouteau Public Schools, seek declaratory and injunctive relief to remedy discrimination against current and future female athletes at Chouteau Public Schools regarding their receipt of treatment and benefits which are not comparable to those received by the male athletes.
21. The class is so numerous that joinder of aU members is impractical. It is unknown how many of the current Chouteau Public Schools female students or how many future Chouteau Public Schools female students would seek to participate in interscholastic or other schoolsponsored athletics if additional opportunities were available. Moreover, joinder of all members is impractical because members of the class who may suffer future injury are not capable of being identified at this time.
22. There are many questions of law and fact common to the class, including: (a) whether female students at Chouteau Public Schools are being deprived of equal opportunities to participate in interscholastic and other school-sponsored athletics, (b) whether female students at Chouteau Public Schools are receiving unequal treatment and benefits in comparison to the male students at Chouteau Public Schools, and (c) whether Defendants have been and are discriminating against girls in Chouteau Public Schools' interscholastic and other school-
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\.J
sponsored athletic programs in violation of Title IX and the United States Constitution. 23. The claims of the named Plaintiffs are typical ofthe claims of the class. The types
of gender discrimination which Plaintiffs' daughters have suffered as a result of their gender include: (1) exclusion from opportunities to participate in the interscholastic and other schoolsponsored athletic programs at Chouteau Public Schools and/or (2) receipt of unequal treatment and benefits in Chouteau Public Schools' interscholastic or other school-sponsored athletic programs. These are typical of the types of gender discrimination which members of the class have suffered, are suffering, and, unless this Court grants relief, will continue to suffer.
24. The named Plaintiffs will fairly and adequately represent and protect the interests of the class. Plaintiffs intend to prosecute this action rigorously in order to secure remedies for the entire class.
25. Defendants have acted or refused to act on grounds generally applicable to the class, thereby making appropriate final declaratory and injunctive relief with respect to the class as a whole.
GENERAL ALLEGATIONS THE REQUIREMENTS QF TITLE IX 26. Title IX, enacted in 1972, provides in relevant part: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. 20 U.S.C. § 1681(a). The Civil Rights Restoration Act of 1987 made Congress' intent plain that
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"program or activity," as used in Title IX, applies to any program or activity so long as any part of the public institution receives federal financial assistance. 20 U.S.C. § 1687. Thus, Chouteau Public Schools is subject to Title IX even if none of the funding for either its girls' or boys' athletic programs comes specifically from federal sources.
27. In 1975, the Department of Health, Education and Welfare (the predecessor of the United States Department of Education ("DOE"» adopted regulations interpreting Title IX. These regulations are codified at 34 C.F .R. Part 106. (the "Regulations").
28. With regard to athletic programs, § 106.4I(a) of 34 C.F.R. provides that interscholastic athletics are included within the "program or activity" requirements of Title IX:
No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, be treated differently from another person or otherwise be discriminated against in any interscholastic, intercollegiate, club or intramural athletics offered by a recipient.... 29. 34 C.F.R. § 106.4I(c) specifies ten (10) factors that are to be considered in the determination of equal athletic opportunity: I. Whether the selection of sports and levels of competition effectively
accommodate the interest and abilities of members of both sexes; 2. The provision of equipment and supplies; 3. Scheduling of games and practice time; 4. Travel and per diem allowance; 5. Opportunity to receive coaching and academic tutoring; 6. Assignment and compensation of coaches and tutors;
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7. Provision of locker rooms, practice and competitive facilities; 8. Provision of medical and training facilities and services; 9. Provision of housing and dining facilities and services; and 10. Publicity. Another factor to be considered is a school's "failure to provide necessary funds for teams for one sex." Id. 30. In 1979, the Office of Civil Rights of the Department of Education ("OCR") issued a policy interpretation of Title IX and the Regulations. This policy interpretation is found at 44 Fed. Reg. 71413 (1979) (the "Policy Interpretation"). 31. The Policy Interpretation provides that, in order to comply with Title IX and 34 C.F.R. § 106.41(c), schools must provide equal athletic opportunities in three general areas: (1) awarding of scholarships (aimed primarily at problems at the intercollegiate level); (2) participation opportunities (including both the number of opportunities and whether the selection of sports and the level of competition effectively accommodate the interests and abilities of members of both sexes); and (3) treatment and benefits. 44 Fed. Reg. at 71414. Although the scholarship regulations are not at issue in this complaint, equal participation opportunities and equal treatment and benefits are. 32. According to the Policy Interpretation, compliance in the area of equivalent participation opportunities is to be determined by the following three-part test: (1) whether interscholastic and other school-sponsored athletic participation'
'Although the Policy Interpretation refers to "intercollegiate" sports, it is applicable to all recipients of federal education funds, including high schools, and is, thus, applicable to interscholastic high school sports as well as intercollegiate sports. 34 C.F.R. § 106.11. See also,
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opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollments; or (2) where the members of one sex have been and are underrepresented among interscholastic and other school-sponsored athletics, whether the institution can show a history and continuing practice of program expansion which is demonstrably responsive to the developing interest and abilities of the members of that sex; or (3) where the members of one sex are underrepresented among interscholastic and other school-sponsored athletics and the institution cannot show a continuing practice of program expansion such as that cited above, whether it can be demonstrated that the interests and abilities of the members of that sex have been fully and effectively accommodated by the present program. See 44 Fed. Reg. at 71418. 33. Under both the Regulations and the Policy Interpretation, compliance in the area of equal treatment and benefits is assessed based on an overall comparison of the male and female athletic programs, including an analysis of factors (2) through (10) of 34 C.F.R. § 106.4I(c) listed above and an analysis of whether the necessary funds are provided for teams of both sexes. 34. The Regulations require that sponsors ofinterscholastic and other school-sponsored athletics (such as Chouteau Public Schools) take such remedial actions as are necessary to
44 Fed. Reg. at 71413 which provides that the Policy Interpretation's "general principles will often apply to ... interscholastic athletic programs which are also covered by the Regulations."
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overcome the effects of gender discrimination in violation of Title IX. See 34 C.F.R. § I06.3(a). On information and belief, Chouteau Public Schools has not taken any significant recent remedial actions and any remedial actions which Chouteau Public Schools has taken in the past twenty-six (26) years have been insufficient to satisfY Chouteau Public Schools' obligations under Title IX.
35. The Regulations further require that sponsors of interscholastic and other schoolsponsored athletics comply with the Regulations within three years of their effective date (which was July 21,1975). Now, more than twenty-four (24) years later, Chouteau Public Schools has still not fully complied with Title IX.
THE U.S. CONSTITUTION 36. The Fourteenth Amendment to the United States Constitution requires that a state shall not "deny to any person within its jurisdiction the equal protection of the laws." 37. Under 42 U.S.C. § 1983, Defendants may be held personally liable for their actions in violating Plaintiffs' daughters' rights under the Fourteenth Amendment.
INJUNCTIVE RELIEF 38. Plaintiffs are entitled to injunctive relief to end Defendants' unequal, discriminatory, and unlawful treatment of female student athletes. Because of Defendants' acts and omissions, Plaintiffs' daughters continue to be deprived of the rights guaranteed to them by the United States Constitution and the laws of the United States. Failure to grant the injunctive relief requested will result in irreparable harm to Plaintiffs' daughters in that Plaintiffs' daughters' Fourteenth Amendment rights will be violated and that Plaintiffs' daughters will never be able
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to participate in interscholastic and other school-sponsored athletics on an equal basis with their male classmates, if at all. Accordingly, Plaintiffs do not have an adequate remedy at law for this harm. This threatened harm far outweighs any possible harm that granting injunctive relief might cause Defendants. Finally, the injunctive relief sought would in no way disserve the public interest but, on the contrary, would prevent discrimination based on gender and would promote the goal of full equality before the law.
ATTORNEYS' FEES 39. Plaintiffs have been required to retain the undersigned attorneys to prosecute this action. Plaintiffs are entitled to recover reasonable attorneys' fees and costs pursuant to 42 u.S.C. § 1988.
FIRST CLAIM FOR RELIEF: TITLE IX (Uneqnal Participation Opportunities)
(Class action against Chouteau Public Schools only) 40. Plaintiffs reallege and incorporate herein by this reference paragraphs I through 39 inclusive of this Complaint. 41. By offering certain opportunities to male students to participate in interscholastic and other school-sponsored athletics, Chouteau Public Schools has demonstrated its determination that athletic opportunities provide educational benefits that should be supported by the school system. Plaintiffs agree with this determination that athletic opportunities provide valuable educational benefits. For this very reason, Plaintiffs contend that their daughters - and all of the
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female students at Chouteau Public Schools - should have equal access and opportunity to receive these same benefits that the male students at Chouteau Public Schools already have. Chouteau Public Schools historically has not provided and currently does not provide its female students with such equal access and opportunity.
42. Chouteau Public Schools has intentionally violated Title IX by knowingly and deliberately discriminating against female students at Chouteau Public Schools, including the daughters of Plaintiffs, by among other things, failing to provide equal opportunities for females to participate in interscholastic and other school-sponsored athletics.
43. Plaintiffs have informed Chouteau Public Schools that its actions discriminate against their daughters and against all of Chouteau Public Schools' female students and that these actions constitute violations of the Title IX rights of these students. Despite the fact that Plaintiffs have drawn these inequities to the attention of Chouteau Public Schools, and requested relief, Chouteau Public Schools has knowingly and consciously continued to fail and refuse to take any of the necessary actions to remediate any existing violations, even though the Regulations mandate that it do so.
44. On information and belief, Plaintiffs allege that Chouteau Public Schools has failed to comply with each of the three (3) parts of the test for determining the equal opportunity to participate in athletics under Title IX described in Paragraph 33 above. In particular, on information and belief, Plaintiffs allege that:
(1) The ratio of female to male athletes at Chouteau Public Schools is not substantially proportionate to the overall ratio of female to male students at Chouteau Public Schools.
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(2) Chouteau Public Schools does not have a history or continuing practice of program expansion.
(3) Chouteau Public Schools has failed to effectively accommodate the interests of the female students.
45. Female students have historically been and continue to be underrepresented in Chouteau Public Schools' interscholastic and other school-sponsored athletic programs. Despite this underrepresentation and despite the interest and abilities of the female students to participate on additional athletic teams, Chouteau Public Schools has failed to accommodate this and other interests.
46. Chouteau Public Schools' conduct has persisted despite the information provided and the requests made by Plaintiffs and despite the mandates of the Regulations, particularly 34 C.F.R. §§ 106.3(a) and 106.4I(d).
47. Chouteau Public Schools' conduct violates 20 U.S.C. § 1681 et seq., as interpreted by 34 C.F.R. §§ 106.31 and 106.41 and the Policy Interpretation thereof.
48. As a result of Chouteau Public Schools' conduct, the named Plaintiffs have incurred extensive damages, including, among other things, (1) the damages associated with their daughters' lost opportunities to participate in athletics, (2) the damages associated with their daughters' reduced opportunities to obtain college scholarships, and (3) other damages, physical and emotional, resulting from their daughters' being subjected to discrimination, harassment, and unequal treatment and benefits in athletics on the basis of gender.
IS

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SECOND CLAIM FOR RELIEF: TITLE IX (Unequal Treatment and Benefits)
(Class action against Chouteau Public Schools only) 49. Plaintiffs reallege and incorporate herein by this reference paragraphs 1 through 48 inclusive of this Complaint. 50. Chouteau Public Schools, by its conduct, has intentionally violated Title IX by knowingly and deliberately discriminating against female students, including the daughters of Plaintiffs, by, among other things, failing to provide female athletes at Chouteau Public Schools with the same treatment and benefits which are comparable overall to the treatment and benefits provided to male athletes. 51. Plaintiffs have informed Chouteau Public Schools that its actions constitute violations of Plaintiffs' daughters' Title IX rights, as do their failure and refusal to take actions to remediate any existing violations. Despite being provided this information, Chouteau Public Schools continues to refuse to remediate its violations of Title IX. 52. On information and belief, Plaintiffs allege that Chouteau Public Schools has failed to comply with Title IX by failing to provide female athletes with comparable treatment and benefits including, but not limited to, the following areas:
(1) Chouteau Public Schools funds interscholastic and other school-sponsored athletics in a manner that discriminates against female athletes.
(2) Chouteau Public Schools provides male athletes with newer equipment and supplies that are of better quality than those provided to female athletes. Chouteau Public Schools also provides male athletes with newer uniforms
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of better quality on a more frequent basis than those provided to female athletes. (3) Chouteau Public Schools unfairly discriminates against female athletes in the scheduling of their game and practice times. (4) Female athletes have fewer opportunities to receive coaching because several of Chouteau Public Schools' female teams share the same coach, even though the seasons for the sports overlap. (5) Chouteau Public Schools selects coaches for female athletic teams with less care and attention than for male athletic teams. As a result, the coaches of the female athletic teams often have less expertise than the coaches of the male athletic teams. (6) Chouteau Public Schools supplies superior locker rooms, practice facilities, and competition facilities to boys as compared to girls. (7) The provision of medical and training facilities and services are inequitable in that the male athletes have superior access to these facilities and services, while the female athletes have very limited access to these facilities and services. (8) Chouteau Public Schools consistently provides less publicity for its female athletic teams than for its male athletic teams. 53. The gross imbalance in the treatment of female and male athletes at Chouteau Public Schools, as detailed above, demonstrates Chouteau Public Schools' intentional and conscious failure to comply with Title IX.
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54. Chouteau Public Schools' conduct has persisted despite the information provided and the requests made by Plaintiffs and despite the mandates of the Regulations, particularly 34 C.F.R §§ 106.3(a) and 106.4I(d), and the Policy Interpretation.
55. Chouteau Public Schools' conduct violates 20 U.S.C. § 1681 et seq., as interpreted by 34 C.F.R. §§ 106.31 and 106.41 and the Policy Interpretation thereof.
THIRD CLAIM FOR RELIEF: EOUAL PROTECTION (Class action against all Defendants)
56. Plaintiffs reallege and incorporate herein by this reference paragraphs I through 55 inclusive of this Complaint.
57. Defendants, by their (I) failure to provide equal athletic opportunities for female students and (2) failure to provide female athletes with the same treatment and benefits as the male athletes (as detailed above), have purposely discriminated against female students, including the daughters of the named Plaintiffs, on the basis of gender, and have intentionally deprived them of their rights to equal protection secured by the Fourteenth Amendment to the United States Constitution.
58. Defendant John Phillips, as Superintendent of Schools at Chouteau Public Schools, has consistently refused to sponsor additional participation opportunities for female athletes. Mr. Phillips has failed and refused to remedy the unequal treatment and benefits received by Chouteau Public Schools' female athletes -- despite the numerous complaints of named Plaintiffs and other parents and athletes. Therefore, Mr. Phillips' actions constitute a knowing disregard for Plaintiffs' daughters' constitutional rights.
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59. Section 1983 of Title 42 of the United States Code provides, in part: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. ...
60. When Defendants engaged in the improper actions described above, they were acting under color of law for purposes of the Equal Protection Clause of the United States Constitution and 42 U.S.C. § 1983. Under this section, each of the individual Defendants is liable on an individual basis for his violation of the Plaintiffs' daughters' constitutional rights under the Fourteenth Amendment.
RELIEF REQUESTED WHEREFORE, on each of their claims, Plaintiffs respectfully pray that this Court:
A. Certity this action as a class action for declaratory and inj unctive relief on behalf of all present and future female students at Chouteau Public Schools who participate, seek to participate, or are deterred from participating in interscholastic and/or other school-sponsored athletics at Chouteau Public Schools.
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B. Enter an order declaring that Defendants have engaged in a past and continuing pattern and practice of discrimination against female students on the basis of gender in violation of Title IX and the regulations promulgated thereunder (including both unequal participation opportunities and unequal treatment and benefits), and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
C. Issue a permanent injunction (a) restraining Defendants and their officers, agents, employees, successors, and any other persons acting in concert with them, from continuing to maintain practices and policies of discrimination against female students on the basis of gender, and (b) requiring Defendants, immediately upon issuance of the injunctive order, to adopt and implement a budget and plan which corrects and remediates Defendants' violation of Title IX and the Fourteenth Amendment. Such a plan should include, among other things, (I) allowing female students the equal opportunity to participate in interscholastic and other schoolsponsored athletics, and (2) providing female athletes with treatment and benefits comparable to those provided to male athletes.
D. Grant an expedited hearing and ruling on the permanent injunction request in C above.
E. Award the named Plaintiffs monetary relief as permitted by Title IX, 42 U.S.C. § 1983, and other applicable law, including but not limited to, (1)
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the damages associated with their daughters' lost opportunities to play interscholastic and other school-sponsored athletics, (2) the damages associated with their daughters' reduced opportunities to obtain college athletic scholarships, and (3) other damages, physical and emotional, resulting from their being subjected to discrimination, harassment, and unequal treatment and benefits in athletics on the basis of gender. F. Award Plaintiffs their reasonable attorneys' fees and costs pursuant to U.S.C. § 1988. G. Order such other and further relief as the Court deems appropriate. H. Designate that the trial take place before the U.S. District Court in Tulsa, Oklahoma.
Respectfully submitted,
S P. O. Box 159 Haskell, OK 74436 (918) 482-5942 (918) 482-1264 (Fax)
RAY YASSER, OBA #009944 3120 East 4th Place Tulsa, OK 74104 (918) 631-2442 Attorneys for Plaintiffi
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 USDC ND/OK Case: 4:99-cv-660 As of: 03/19/2014 08:09 AM CDT Page 1 of 4
CLASS,CLOSED,LC−1,SETCON
U.S. District Court U.S. District Court for the Northern District of Oklahoma (Tulsa)
CIVIL DOCKET FOR CASE #: 4:99−cv−00660−mb

McCartney, et al v. Mayes Sch Dist 32, et al Assigned to: Judge Michael Burrage Demand: $0 Cause: 28:1331 Federal Question: Other Civil Rights
Plaintiff

Date Filed: 08/10/1999 Date Terminated: 05/17/2000 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Robert McCartney as parent and next friend of his daughter, Allison McCartney

represented by Raymond L Yasser Smolen Smolen &Roytman PLLC 701 S CINCINNATI AVE TULSA, OK 74119 918−585−2667 Fax: 918−585−2669 Email: raymond−yasser@utulsa.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel J Schiller Schiller Law Firm 4113 Cumby Rd Ste 200 Cookeville, TN 38501 931−528−5050 Fax: 931−528−5051 Email: sjs@schillerlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Cheryl McCartney as parent and next friend of her minor daughter − Allison McCartney

represented by Raymond L Yasser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Samuel J Schiller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Deborah Johnson as parent and next friend of her minor daughter, Rikkee Johnson

represented by Raymond L Yasser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel J Schiller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Michael Johnson as parent and next friend of his minor daughter − Rikkee Johnson

represented by Raymond L Yasser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

USDC ND/OK Case: 4:99-cv-660 As of: 03/19/2014 08:09 AM CDT Page 2 of 4

Samuel J Schiller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Daniel Jantz as parent and next friend of his minor daughter, Shelby Sheats

represented by Raymond L Yasser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel J Schiller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Kelly Jantz as parent and next friend of her minor daughter − Shelby Sheats

represented by Raymond L Yasser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Samuel J Schiller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Independent School District No. 32 of Mayes County also known as Chouteau Public Schools
Defendant John Phillips individually and in his official capacity as Superintendent
Defendant John Doe Sued as: Does 1 through 50

represented by Karen Lea Long Rosenstein Fist &Ringold 525 S MAIN STE 700 TULSA, OK 74103 918−585−9211 Fax: 918−583−5617 Email: karenl@rfrlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Karen Lea Long (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/10/1999 08/10/1999 08/26/1999

# Docket Text
1 CLASS ACTION COMPLAINT (fee status: pd) (fe, Dpty Clk) (Entered: 08/10/1999)
FILING FEE PAID IN FULL by plaintiffs on 8/10/99 in the amount of $ 150.00 receipt # 87489 (fee status: pd) (fe, Dpty Clk) (Entered: 08/10/1999)
2 ATTORNEY APPEARANCE for plaintiffs by Samuel J Schiller (sac, Dpty Clk) (Entered: 08/26/1999)

USDC ND/OK Case: 4:99-cv-660 As of: 03/19/2014 08:09 AM CDT Page 3 of 4

08/26/1999 09/30/1999 09/30/1999 10/04/1999
10/15/1999 10/15/1999 10/22/1999 10/28/1999 10/28/1999
10/28/1999
11/01/1999 01/31/2000 01/31/2000 02/18/2000
02/22/2000
03/14/2000
03/28/2000

3 ATTORNEY APPEARANCE for plaintiffs by Ray Yasser (sac, Dpty Clk) (Entered: 08/26/1999)
4 ATTORNEY APPEARANCE for defendants Mayes Sch Dist 32 &John Phillips by Karen Lea Long (sac, Dpty Clk) (Entered: 10/01/1999)
5 ANSWER by defendants Mayes Sch Dist 32 &defendant John Phillips to complt [1−1] (sac, Dpty Clk) (Entered: 10/01/1999)
MINUTE ORDER: ; CASE MANAGEMENT CONF set for 11:15 a.m., 10/28/99 . Parties are directed to comply with the Local Rules of Court in regard to the submission of the Case Management Plan. (cc: all counsel) (fe, Dpty Clk) (Entered: 10/04/1999)
6 MOTION by plaintiffs to certify class action (o/j) (sac, Dpty Clk) (Entered: 10/18/1999)
7 BRIEF by plaintiffs in support of their motion to certify class action [6−1] (sac, Dpty Clk) (Entered: 10/18/1999)
8 CASE MANAGEMENT PLAN Received (sac, Dpty Clk) (Entered: 10/25/1999)
9 ORDER by Judge Michael Burrage granting motion to certify class action [6−1]; Pltfs need not provide any formal ntc to any members of the certified class (cc: all counsel) (crp, Dpty Clk) (Entered: 10/29/1999)
10 MINUTES: by Judge Michael Burrage ; Case Management Conference held 10/28/99 . Parties approve Order re Class Certification. Order signed. Schedo entered. Pltf's req/monthly status conf. denied at this time. If need arises, counsel to file a request. [N/R] (fe, Dpty Clk) (Entered: 10/29/1999)
11 SCHEDULING ORDER Judge Michael Burrage motion filing ddl set for 3/6/00 discovery due 2/25/00 proposed pretrial order due 5/22/00 ; PRETRIAL CONF set for 10:00 5/25/00 ; TRIAL set for 9:30 6/19/00 ETT: 8−10 days. Setcon to be set in Mar '00 and parties DO NOT consent to adjunct. [cc: counsel/MJ] (fe, Dpty Clk) (Entered: 10/29/1999)
12 ORDER by Magistrate Claire V. Eagan SETTLMT CONF set for 9:30 3/13/00 before Magistrate Claire V. Eagan (cc: all counsel) (sjm, Dpty Clk) (Entered: 11/01/1999)
13 FINAL WITNESS list by plaintiff Robert McCartney, plaintiff Cheryl McCartney, plaintiff Deborah Johnson, plaintiff Michael Johnson, plaintiff Daniel Jantz, plaintiff Kelly Jantz (fe, Dpty Clk) (Entered: 02/01/2000)
14 WITNESS list by defendant Mayes Sch Dist 32, defendant John Phillips (sac, Dpty Clk) (Entered: 02/02/2000)
15 MOTION by plaintiff Robert McCartney, plaintiff Cheryl McCartney, plaintiff Deborah Johnson, plaintiff Michael Johnson, plaintiff Daniel Jantz, plaintiff Kelly Jantz, defendant Mayes Sch Dist 32, defendant John Phillips, defendant John Doe to extend deadlines imposed by sched order (fe, Dpty Clk) (Entered: 02/18/2000)
16 ORDER by Judge Michael Burrage granting joint motion to extend deadlines imposed by sched order [15−1]; discovery ddl re set for 3/27/00; motion filing ddl reset for 4/3/00; pretrial order ddl reset for 5/22/00; PRETRIAL CONF reset for 10:00 5/25/00 ; TRIAL reset for 9:30 6/19/00 before Judge Michael Burrage (see ord for further ddlns) (cc: all counsel) (sac, Dpty Clk) (Entered: 02/23/2000)
17 SETTLEMENT CONFERENCE REPORT by Magistrate Judge Claire V. Eagan advising litigation was settled, as soon as practicable parties shall file mtn to approve consent decree; Settlement Conference held 3/13/00 (fe, Dpty Clk) (Entered: 03/14/2000)
18 MINUTE ORDER: by Judge Michael Burrage ; Due to Court conflict, PRETRIAL CONF, heretofore set 5/25/00, is ADVANCED to 10:30 a.m., 5/23/00 (cc: all counsel) (fe, Dpty Clk) (Entered: 03/28/2000)

USDC ND/OK Case: 4:99-cv-660 As of: 03/19/2014 08:09 AM CDT Page 4 of 4

05/17/2000 05/25/2000
06/27/2000 07/17/2000

19 ADMINISTRATIVE Closing Order by Judge Michael Burrage (cc: all counsel); Documents pending: none (crp, Dpty Clk) (Entered: 05/17/2000)
20 JOINT STIPULATION OF DISMISSAL AS TO DEFENDANT JOHN PHILLIPS, SUPERINTENDENT OF CHOUTEAU−MAZIE PUBLIC SCHOOLS (crp, Dpty Clk) (Entered: 05/30/2000)
21 ORDER (SETTLEMENT AGREEMENT) by Judge Michael Burrage (cc: all counsel) (sac, Dpty Clk) (Entered: 06/28/2000)
22 STIPULATION OF DISMISSAL w/ prej by defendant John Phillips, defendant Mayes Sch Dist 32, plaintiff Kelly Jantz, plaintiff Daniel Jantz, plaintiff Michael Johnson, plaintiff Deborah Johnson, plaintiff Cheryl McCartney, plaintiff Robert McCartney; CASE DISMISSED (fe, Dpty Clk) (Entered: 07/17/2000)