Case 4:99-cv-00816-mb Document 1 Filed in USDC ND/OK on 09/29/99 Page 1 of 23

IN THE UNITED STATES DISTRICT COURT

L E1Dl FOR THE NORTHERN DISTRICT OF OKLAH(U;t.t\,. .ii' j
TOM AND BRENDA DYER, as parents and )

next friend of their minor daughter, KANDIS )

SEP 2 9 1999

DYER; TOM AND BRENDA DYER, as parents) and next friend of their minor daughter,)

P u.J~ hh ?s";.!~~.1'68'erk

TAMARA DYER; ROGER AND VICKI

)

URT

WHEELER, as parents and next friend of their )

minor daughter, JILLIAN WHEELER; ROGER )

AND VICKI WHEELER, as parents and next )

9 CV 0 friend of their minor daughter, RACHAEL

)

WHEELER; GREG AND SHELLY BILLEN9 as parents and next friend of their minor

0 0

k
1 6,.B U( )

daughter, HEATHER BILLEN;

)

Plaintiffs,

)

Case No.

v.

)

)

INDEPENDENT SCHOOL DISTRICT

)

NO. 38 OF OSAGE COUNTY,

)

alk/a HOMINY PUBLIC SCHOOLS;

)

GERALD CHRISTY, 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 friend of their minor daughters, and on behalf of all others similarly situated ("Plaintiffs"), respectfully file this Complaint against Defendants, INDEPENDENT SCHOOL DISTRICT NO. 38 OF OSAGE COUNTY, alk/a HOMINY PUBLIC SCHOOLS; GERALD CHRISTY, 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 Hominy Public Schools in Hominy, Oklahoma. The named
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plaintiffs are also seeking compensatory damages in their individual capacities. Defendants have violated (1) 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 Hominy Public Schools (I) 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 Hominy 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 Hominy 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 Hominy 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; (7) provision of medical and training facilities and services; and (8) publicity.
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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 schoolsponsored 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 Hominy 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 Hominy Public Schools.
5. Plaintiffs further seek injunctive relief which requires that Defendants provide the girls' athletic teams at Hominy Public Schools with equal treatment and benefits as Hominy Public Schools already provides to its boys' athletic teams.
6. The named Plaintiffs, in their capacities as the parents and next friend 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, (1) the actual out-of-pocket costs incurred in paying for equipment and supplies for their daughters to participate in interscholastic and other school-sponsored athletics which would not be incurred by parents of boys similarly situated, (2) the damages associated with their daughters' lost opportunities to participate in athletics, (3) the damages associated with their daughters' reduced
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opportunities to obtain college athletic scholarships, and (4) other damages, physical and emotional, resulting from their daughters' being subjected to discrimination and unequal treatment and benefits in athletics on the basis of gender.
JURISDICTION AND 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 I 343(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. §§ 220 I (a) and 2202. II. Venue is proper pursuant to 28 U.S.C. §1391(b). These claims arose in Hominy, Oklahoma, which is within the jurisdiction of this Court.
ImLPARTIES 12. Plaintiffs Tom and Brenda Dyer are the parents ofKandis Dyer, a 17-year-old 12th grade student at Hominy Public Schools. Kandis is a talented athlete who participates in softball
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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 Hominy Public Schools toward their female athletes. The Dyers are residents of Hominn Oklahoma, which is within the jurisdiction of this Court.
13. Plaintiffs Tom and Brenda Dyer are the parents of Tamara Dyer, a 14-year-old 9th grade student at Hominy Public Schools. Tamara is a talented athlete who participates in softball 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 Hominy Public Schools toward their female athletes. The Dyers are residents of Hominy, Oklahoma, which is within the jurisdiction of this Court.
14. Plaintiffs Roger and Vicki Wheeler are the parents of Jillian Wheeler, a 17-yearold 12th grade student at Hominy Public Schools. Jillian is a talented athlete who participates in softball. 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 Hominy Public Schools toward their female athletes. The Wheelers are residents of Hominy, Oklahoma, which is within the jurisdiction of this Court.
15. Plaintiffs Roger and Vicki Wheeler are the parents of Rachael Wheeler, a 14-yearold 9th grade student at Hominy Public Schools. Rachael is a talented athlete who participates in softball, track and basketball. Her opportunities to participate in interscholastic and other
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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 Hominy Public Schools toward their female athletes. The Wheelers are residents of Hominy, Oklahoma, which is within the jurisdiction of this Court.
16. Plaintiffs Greg and Shelly Billen are the parents of Heather Billen, a 14-year-old 8th grade student at Hominy Public Schools. Heather is a talented athlete who participates in basketball and track. 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 Hominy Public Schools toward their female athletes. The Billens are residents of Hominy, Oklahoma, which is within the jurisdiction of this Court.
17. Defendant Independent School District No. 38 of Osage County, a!k!a Hominy Public Schools, is a public school district authorized by 70 Okla. Stat. §I-IOI et seq. to operate and control Hominy Public Schools, where the Plaintiffs' daughters are students. Therefore, Hominy Public Schools' conduct is considered state action under 42 U.S.C. § 1983. Defendant Hominy Public Schools is located in Hominy, Oklahoma, which is within the jurisdiction of this Court. Since the passage of Title IX, Hominy Public Schools has received and continues to receive federal financial assistance and the benefits therefrom. Therefore, all programs at Hominy Public Schools, including athletics, are subject to the requirements of Title IX.
18. Defendant Gerald Christy is the Superintendent of Schools at Hominy Public Schools. Mr. Christy is a resident of the State of Oklahoma and thus is subject to the jurisdiction of this Court.
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19. The named Plaintiffs are ignorant of the true names and capacities of Does 1-50, but believe them to be employees of Hominy Public Schools or members of the Hominy 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 20. 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 injunctive relief, on behalf of all present and future female students enrolled at Hominy Public Schools who participate, seek to participate, or are deterred from participating in interscholastic and/or other school-sponsored athletics at Hominy Public Schools. 21. Each of the named Plaintiffs' daughters is a student at Hominy Public Schools and is an athlete who is subjected to Hominy Public Schools' unequal treatment and benefits. 22. 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 Constitution by ending their discriminatory policies toward the girls' athletics programs in Hominy Public Schools. Accordingly, Plaintiffs seek injunctive relief requiring Hominy Public Schools to fund and sponsor girls' sports so that the interests and abilities of all female students at Hominy Public Schools are accommodated in a non-discriminatory manner. Plaintiffs propose
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to represent all female students at Hominy Public Schools who wish to participate in any interscholastic and other school-sponsored athletics that are not funded and sponsored by Hominy Public Schools. In addition, Plaintiffs, whose daughters are currently athletes at Hominy Public Schools, seek declaratory and injunctive relief to remedy discrimination against current and future female athletes at Hominy Public Schools regarding their receipt of treatment and benefits which are not comparable to those received by the male athletes.
23. The class is so numerous that joinder of all members is impractical. It is unknown how many of the current Hominy Public Schools female students or how many future Hominy 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.
24. There are many questions of law and fact common to the class, including: (a) whether female students at Hominy Public Schools are being deprived of equal opportunities to participate in interscholastic and other school-sponsored athletics, (b) whether female students at Hominy Public Schools are receiving unequal treatment and benefits in comparison to the male students at Hominy Public Schools, and (c) whether Defendants have been and are discriminating against girls in Hominy Public Schools' interscholastic and other school-sponsored athletic programs in violation of Title IX and the United States Constitution.
25. The claims of the named Plaintiffs are typical of the claims of the class. The types of gender discrimination which Plaintiffs' daughters have suffered as a result of their gender include: (I) exclusion from opportunities to participate in the interscholastic and other school-
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sponsored athletic programs at Hominy Public Schools and/or (2) receipt of unequal treatment and benefits in Hominy 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.
26. 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.
27. 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 REOUIREMENTS OF TITLE IX 28. 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 "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, Hominy
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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.
29. 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").
30. With regard to athletic programs, § 106.41 (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.... 31. 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; 7. Provision of locker rooms, practice and competitive facilities; 8. Provision of medical and training facilities and services;
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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. 32. 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"). 33. 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: (I) 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. 34. According to the Policy Interpretation, compliance in the area of equivalent participation opportunities is to be determined by the following three-part test:
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(I) whether interscholastic and other school-sponsored athletic participation' 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. 35. 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. § 106.41 (c) listed above and an analysis of whether the necessary funds are provided for teams of both sexes.
1Although 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, 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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36. The Regulations require that sponsors ofinterscholastic and other school-sponsored athletics (such as Hominy Public Schools) take such remedial actions as are necessary to overcome the effects of gender discrimination in violation of Title IX. See 34 C.F.R. § 106.3(a). On information and belief, Hominy Public Schools has not taken any significant recent remedial actions and any remedial actions which Hominy Public Schools has taken in the past twentyseven (27) years have been insufficient to satisfY Hominy Public Schools' obligations under Title IX.
37. 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, Hominy Public Schools has still not fully complied with Title IX.
THE U.S. CONSTITUTION 38. 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." 39. 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 40. 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
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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 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 41. 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 (Unequal Participation Opportunities)
(Class action against Hominy Public Schools only) 42. Plaintiffs reallege and incorporate herein by this reference paragraphs 1 through 41 inclusive of this Complaint. 43. By offering certain opportunities to male students to participate in interscholastic and other school-sponsored athletics, Hominy Public Schools has demonstrated its determination
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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 female students at Hominy Public Schools - should have equal access and opportunity to receive these same benefits that the male students at Hominy Public Schools already have. Hominy Public Schools historically has not provided and currently does not provide its female students with such equal access and opportunity.
44. Hominy Public Schools has intentionally violated Title IX by knowingly and deliberately discriminating against fcmale students at Hominy 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.
45. Plaintiffs have informed Hominy Public Schools that its actions discriminate against their daughters and against all of Hominy 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 Hominy Public Schools, and requested relief, Hominy 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.
46. On information and belief, Plaintiffs allege that Hominy 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 34 above. In particular, on information and belief, Plaintiffs allege that:
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(1) The ratio of female to male athletes at Hominy Public Schools is not substantially proportionate to the overall ratio of female to male students at Hominy Public Schools.
(2) Hominy Public Schools does not have a history or continuing practice of program expansion.
(3) Hominy Public Schools has failed to effectively accommodate the interests of the female students.
47. Female students have historically been and continue to be underrepresented in Hominy 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, Hominy Public Schools has failed to accommodate this and other interests.
48. Hominy 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 106.41 (d).
49. Hominy 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.
50. As a result of Hominy Public Schools' conduct, the named Plaintiffs have incurred extensive damages, including, among other things, (1) the actual out-of-pocket costs incurred in paying for their daughters to participate in athletics when boys who are similarly situated would not have to pay, (2) the damages associated with their daughters' lost opportunities to participate in athletics, (3) the damages associated with their daughters' reduced opportunities to obtain
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college scholarships, and (4) other damages, physical and emotional, resulting from their daughters' being subjected to discrimination and unequal treatment and benefits in athletics on the basis of gender.
SECOND CLAIM FOR RELIEF: TITLE IX (Unequal Treatment and Benefits)
(Class action against Hominy Public Schools only) 51. Plaintiffs reallege and incorporate herein by this reference paragraphs I through 50 inclusive of this Complaint. 52. Hominy 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 Hominy Public Schools with the same treatment and benefits which are comparable overall to the treatment and benefits provided to male athletes. 53. Plaintiffs have informed Hominy 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, Hominy Public Schools continues to refuse to remediate its violations of Title IX. 54. On information and belief, Plaintiffs allege that Hominy 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:
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(I) Hominy Public Schools funds interscholastic and other school-sponsored athletics in a manner that discriminates against female athletes.
(2) Hominy Public Schools provides male athletes with newer equipment and supplies that are of better quality than those provided to female athletes. Hominy Public Schools also provides male athletes with newer uniforms of better quality on a more frequent basis than those provided to female athletes.
(3) Hominy 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 Hominy Public Schools' female teams have fewer coaches and more players per coach then the male teams.
(5) Hominy 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) Hominy 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.
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(8) Female students are discriminated against in regard to travel. (9) Hominy Public Schools consistently provides less publicity for its female
athletic teams than for its male athletic teams. 55. The gross imbalance in the treatment of female and male athletes at Hominy Public Schools, as detailed above, demonstrates Hominy Public Schools' intentional and conscious failure to comply with Title IX. 56. Hominy 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 106.41(d), and the Policy Interpretation. 57. Hominy 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)
58. Plaintiffs reallege and incorporate herein by this reference paragraphs I through 57 inclusive of this Complaint.
59. 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.
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60. Defendant Gerald Christy, as Superintendent of Schools at Hominy Public Schools, has consistently refused to sponsor additional participation opportunities for female athletes. Mr. Christy has failed and refused to remedy the unequal treatment and benefits received by Hominy Public Schools' female athletes -- despite the numerous complaints of named Plaintiffs and other parents and athletes. Therefore, Mr. Christy's actions constitute a knowing disregard for Plaintiffs' daughters' constitutional rights.
61. Section 1983 of Title 42 of the United States Code provides, in pact: 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....
62. 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. Certify this action as a class action for declaratory and injunctive relief on behalf of all present and future female students at Hominy Public Schools
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who participate, seek to participate, or are deterred from participating in interscholastic and/or other school-sponsored athletics at Hominy Public Schools. 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.
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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, (I) the actual out-of-pocket costs incurred in paying for equipment and supplies for their daughters to participate in interscholastic and other school-sponsored athletics which would not be incurred by parents of boys similarly situated, (2) the damages associated with their daughters' lost opportunities to play interscholastic and other school-sponsored athletics, (3) the damages associated with their daughters' reduced opportunities to obtain college athletic scholarships, and (4) other damages, physical and emotional, resulting from their being subjected to discrimination 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.
Dated: '1- .29- 'lr
Respectfully submitted, IRM
~
P. O. Box 159 Haskell, OK 74436 (918) 482-5942 (918) 482-1264 (Fax)
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Case 4:99-cv-00816-mb Document 1 Filed in USDC ND/OK on 09/29/99 Page 23 of 23 RAY YASSER, OBA #009944 3120 East 4th Place Tulsa, OK 74104 (918) 631-2442 Attorneys for Plaintiffo
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 Case 4:99-cv-00816-mb Document 8 Filed in USDC ND/OK on 12/02/99 Page 1 of 2

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

TOM AND BRENDA DYER, as parents and )

next friend of their minor daughter, KANDIS )

DYER; TOM AND BRENDA DYER, as parents )

and next friend of their minor daughter,

)

TAMARA DYER; ROGER AND VICKI

)

WHEELER, as parents and next friend of their )

minor daughter, JILLIAN WHEELER; ROGER )

AND VICKI WHEELER, as parents and next )

friend of their minor daughter, RACHAEL

)

WHEELER; GREG AND SHELLY BILLEN, )

as parents and next friend of their minor

)

daughter, HEATHER BILLEN;

)

Plaintiffs,

)

v.

)

)

INDEPENDENT SCHOOL DISTRICT

)

NO. 38 OF OSAGE COUNTY,

)

alk/a HOMINY PUBLIC SCHOOLS;

)

GERALD CHRISTY, individually and in

)

his official capacity as Superintendent; and

)

Does 1 through 50,

)

Defendants.

)

FILED
DEC 2-1999~
Phil Lombardi, Clerk U.S. DISTRICT COU)RT
Case No. 99-CV-0816 BU(E

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:

Case 4:99-cv-00816-mb Document 8 Filed in USDC ND/OK on 12/02/99 Page 2 of 2
All present and future female students enrolled at Hominy Public Schools who participate, seek to participate, or are deterred from participating in interscholastic and other school-sponsored athletics at Hominy Public Schools. It is further ORDERED that Plaintiffs need not provide any formal notice to any members of the certified class.
Dated: 12. - .?, - q OJ
APPROVED AS TO FORM:
Schiller Law Fi P.O. Box 159 Haskell, OK 74436 (918) 482-5942 Attorney for Plaintiffs and the Prospective Class
, OBA #009944 Universit 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-00816-mb Document 11 Filed in USDC ND/OK on 12/16/99 Page 1 of 4

Tom Dyer, et al

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA
)

199;f 11"1 I LED DEC 1 G

Plaintiff(s) ,

)

Phil Lombardi, C r

)

U.S. DISTRICT C UR

)

v.

)

Case No. 99-CV-816-BU(E) /

)

Independent School District No. 38

)

)

Defendant(s) .

)

SETTLEMENT CONFERENCE ORDER

The following are mandatory guidelines for the parties in preparing for the settlement conference.

1.

PURPOSE OF CONFERENCE: The purpose of the settlement conference is to permit an

informal discussion between the attorneys, parties, non-party indemnitors or insurers, and the

settlement judge of every aspect of the lawsuit. This educational process provides the advantage of

permitting the settlement judge to privately express his or her views concerning the parties' claims.

The settlement judge may, in his or her discretion, converse with the lawyers, the parties, the

insurance representatives or anyone of them outside the hearing of the others. Ordinarily, the

settlement conference provides the parties with an enhanced opportunity to settle the case, due to the

assistance rendered by the settlement judge.

2.

FULL SETTLEMENT AUTHORITY REQUIRED: In addition to counsel who will try the case, a

person with full settlement authority must be present for the conference. This requires the presence

of your client or, if a corporate entity, an authorized representative of your client, who is not a lawyer

who has entered an appearance in the case. A business decision-maker with a law degree, who has

not entered an appearance, may be the designated person with authority.

For a defendant, such representative must have final settlement authority to commit the company to pay, in the representative's discretion, a settlement amount recommended by the settlement judge up to the plaintiff's prayer (excluding punitive damage prayers in excess of $100,000.00) or up to the plaintiff's last demand, whichever is lower.

For a plaintiff, such representative must have final authority, in the representative's discretion, to authorize dismissal of the case with prejudice, or to accept a settlement amount recommended by the settlement judge down to the defendant's last offer.

The purpose of this requirement is to have representatives present who can settle the case during the course of the conference without consulting a superior.

3.

EXCEPTION WHERE BOARD APPROVAL REQUIRED: If Board approval is required to authorize

settlement, attendance of the entire Board is requested. The attendance of at least one sitting member

of the Board (preferably the Chairman) is absolutely required.

Case 4:99-cv-00816-mb Document 11 Filed in USDC ND/OK on 12/16/99 Page 2 of 4

4.

APPEARANCE WITHOUT CLIENT PROHIBITED: Counsel appearing without their clients

(whether or not you have been given settlement authority) will cause the conference to be canceled

and rescheduled. Counsel for a government entity may be excused from this requirement upon proper

application under Local Court Rule l6.3(H).

5.

AUTHORIZED INSURANCE REPRESENTATIVEISI REQUIRED: Any insurance company that (1)

is a party, (2) can assert that it is contractually entitled to indemnity or subrogation out of settlement

proceeds, or (3) has received notice or a demand pursuant to an alleged contractual requirement that

it defend or pay damages, if any, assessed within its policy limits in this case, must have a iY.!.!l1

authorized settlement representative present at the conference. Such representative must have final

settlement authority to commit the company to pay, in the representative's discretion, an amount

recommended by the settlement judge within the policy limits.

The purpose of this requirement is to have an insurance representative present who can settle the outstanding claim or claims during the course of the conference without consulting a superior. An insurance representative authorized to pay, in his or her discretion, up to the plaintiff's last demand will also satisfy this requirement.

6.

ADVICE TO NON-PARTY INSURANCE COMPANIES REQUIRED: Counsel of record will be

responsible for timely advising any involved non-party insurance company of the requirements of this

order.

7.

PRE-CONFERENCE DISCUSSIONS REQUIRED: The attorneys are directed to discuss settlement

with their respective clients and insurance representatives, and opposing parties are directed to discuss

settlement so the parameters of settlement have been explored well in advance of the settlement

conference.

By May 12, 2000, plaintiff must tender a written settlement offer to defendant and the assigned settlement judge. If the plaintiff makes a settlement demand that involves no compromise and requires complete capitulation on the part of the defendantIs!. this will be taken as an indication that the plaintiff is unlikely to participate in good faith settlement discussions, and the court, the assigned settlement judge may respond by striking the settlement conference setting.

By May 22, 2000, each defendant must make and deliver a written response to plaintiff and the assigned settlement judge. That response may either take the form of a written substantive offer, or a written communication that a Defendant declines to make any offer. If the Defendant declines to make any offer, this will be taken as an indication that the defendant is unlikely to participate in good faith settlement discussions, and the court, the assigned settlement judge may respond by striking the settlement conference setting.

Silence or failure to communicate as required is not itself a form of communication which satisfies these requirements. The assigned trial judge will be advised when a settlement conference is stricken or reset.

Case 4:99-cv-00816-mb Document 11 Filed in USDC ND/OK on 12/16/99 Page 3 of 4

8.

SETTLEMENT CONFERENCE STATEMENT REQUIRED: One copy of each party's settlement

conference statement, of each party, must be submitted no later than June 6, 2000, directly to the

judge listed below. They must not be filed.

United States Magistrate Judge Sam A. Joyner 333 W. 4th Street, U.S. Courthouse Tulsa, OK 74103

Your statement should set forth the relevant positions of the parties concerning factual issues, issues of law, damages, and the settlement negotiation history of the case, including a recitation of any specific dem ands and offers that may have been conveyed. Copies of your settlement conference statement are to be promptly transmitted to all counsel of record.

The settlement conference statement may not exceed five (5) pages in length and will not be made a part of the case file. Lengthy appendices should not be submitted. Pertinent evidence to be offered at trial should be brought to the settlement conference for presentation to the settlement judge if thought particularly relevant.

9.

CONFIDENTIALITY STRICTLY ENFORCED: Neither the settlement conference statements nor

communications of any kind occurring during the settlement conference can be used by any party with

regard to any aspect of the litigation or trial of the case. Strict confidentiality shall be maintained with

regard to such communications by both the settlement judge and the parties.

10. CONTINUANCES ARE DISCOURAGED: As settlement conferences require the reservation of large blocks of time, and the administrative burden of rescheduling one is significant, applications for continuance of the settlement conference are generally discouraged. However. these considerations are outweighed if the settlement conference. as set. will result only in wasted effort. When this becomes apparent, counsel are urged to immediately advise the office of the assigned magistrate judge of the perceived difficulty, so that appropriate action may be taken. An application to reschedule the settlement conference for the convenience of any party will ordinarily not be entertained unless such application is submitted to the settlement conference judge in writing at least seven (7) days prior to the scheduled conference. Any such application must contain both a statement setting forth a good reason for a continuance and a recitation of whether or not the continuance is opposed by any other party.

11. SETTING: The settlement conference is set before Magistrate Judge Sam A. Joyner, on June 13, 2000 at 1:30 PM in Tulsa, Oklahoma. Parties should report to the U.S. Courthouse, Courtroom #2 Lobby on the Third Floor, 333 W. 4th Street.

12. NOTIFICATION OF PRIOR SETTLEMENT REQUIRED: In the event a settlement between the parties is reached before the settlement conference date, parties are to notify the settlement judge immediately.

13. CONSEQUENCES OF NON-COMPLIANCE: Upon certification by the Settlement Judge of circumstances showing non-compliance with this order, the assigned trial judge may take any corrective action permitted by law. Such action may include contempt proceedings and/or assessment of costs, expenses and attorney fees, together with any additional measures deemed by the court to be appropriate under the circumstances.

Case 4:99-cv-00816-mb Document 11 Filed in USDC ND/OK on 12/16/99 Page 4 of 4

Dated December 16, 1999.

PHIL LOMBARDI, CLERK UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OKLAHOMA
By: ~1n.Cooo~ Deputy Clerk

 
 Case 4:99-cv-00816-mb Document 26 Filed in USDC ND/OK on 11/30/00 Page 1 of 11

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

TOM AND BRENDA DYER, as parents and )

next friend of their minor daughter, KANDIS )

DYER; TOM AND BRENDA DYER, as

)

parents and next friend of their minor daughter, )

TAMARA DYER; ROGER AND VICKI

)

WHEELER, as parents and next friend of their )

minor daughter, JILLIAN WHEELER;

)

ROGER AND VICKI WHEELER, as parents )

and next friend of their minor daughter,

)

RACHAEL WHEELER; GREG AND

)

SHELLY BILLEN, as parents and next

)

friend of their minor daughter, HEATHER )

BILLEN;

)

Plaintiffs,

)

)

v.

)

)

INDEPENDENT SCHOOL DISTRICT

)

NO. 38 OF OSAGE COUNTY, a/kIa

)

HOMINY PUBLIC SCHOOLS;

)

GERALD CHRISTY, individually and in

)

his official capacity as Superintendent; and )

Does 1 through 50

)

FIl~ED NOV 30 200~
Phii Lomb~.rdi, Clerk U.S. DISTRiCT COURT
Case No. 99-CV-0816 BU(E)/ CLASS ACTION

SETTLEMENT AGREEMENT
This Settlement Agreement is entered into by and between the Plaintiffs, Tom and Brenda Dyer, as parents and next friend oftheir minor daughters, Kandis Dyer and Tamara Dyer; Roger and Vicki Wheeler, as parents and next friend oftheir minor daughters, Jillian Wheeler and Rachael Wheeler; and'Greg and Shelly Billen, as parents and next friend of their minor daughter, Heather Billen,and the Defendant, Independent School District NO.3 8 of Osage County, Oklahoma, also known as Hominy Public Schools (hereafter School District). Plaintiffs are also representatives of a class certified as "All present and future female students enrolled at Hominy Public Schools who participate, seek to participate, or are deterred from participating in interscholastic and other school-sponsored athletics at Hominy Public Schools."

Case 4:99-cv-00816-mb Document 26 Filed in USDC ND/OK on 11/30/00 Page 2 of 11
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 ofthe Fourteenth Amendment to the United States Constitution and have contended that the School District has denied female students 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;
WHEREAS, the parties to this Agreement agree that the School District is bound by the requirements of Title IX of the Education Amendments of 1972 and the parties have jointly agreed, through their designated representatives, that the interests of the District's students (male and female) are best served by reaching agreement regarding the manner in which the District will comply with Title IX;
WHEREAS, Plaintiffs and the School District desire to avoid the uncertainty, time, and expense of maintaining and defending a lawsuit;
WHEREAS, this Agreement represents the Plaintiffs' and School District's mutual desire for the District to achieve full compliance with Title IX and its implementing regulations and the School District, by this Agreement, agrees to comply with the general mandates of Title IX and its regulations. 1
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. This shall include the addition of 7th and 8th grade fast pitch softball for the 2000-2001 school year. Additionally, the District shall, during the fall ofthe 2000-2001 school year, conduct a sports interest survey of girls, grades 6-11, for the specific purpose of determining the interest of female students in the addition of and participation in volleyball, soccer, and slow pitch softball. Based on the results of the student interest survey and in combination with other factors related to the assessment of interest, the District agrees to fully and effectively accommodate the interest of girls. The District agrees to engage in the active promotion of sports participation opportunities available to girls and active promotion ofthe applicable dates for try-outs for various sports.
1 Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et ~. (1988); OCR Regulations "Nondiscrimination on the Basis of Sex in Education Programs and Activities Receiving or Benefitting from Federal Financial Assistance." 34 C.F.R. § 106 (1994).
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Case 4:99-cv-00816-mb Document 26 Filed in USDC ND/OK on 11/30/00 Page 3 of 11
(1
2. In addition to the 2000-2001 sports interest survey, as described above, the District shall conduct a 200 1-2002 student sports interest survey offemale students in grades 6 - 11 for the purpose of determining the level of interest in sports not offered to female students as of 2001-2002. The results of the sports interest survey shall be used by the District to determine whether there is sufficient interest in selected sports to add a sport at the middle school, high school or both levels for the 2002-2003 school year. 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 of the District's coaching staff, parental and student comment, information regarding sports activities that are prominent in the surrounding community, the extent to which the addition of a new sport would substantially impair participation in an existing sport, and similar factors. The School District shall utilize this information to determine whether new sports should be offered to female students or whether additional teams involving existing sports should be added.
3. The District's addition ofnew sports shall include the assignment ofcoaching salaries in a gender neutral fashion. A coaching office or offices shall be established which shall ensure access to offices without the necessity of a student entering male or female dressing rooms. Until such time as other coaching offices shall be constructed or designated, the District shall convertthe existing boys' varsity basketball locker room to a coaching office. Limited renovation ofthe area shall ensure male and female access to the coaching offices without the necessity of entering a male or female locker room.
4. 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 ofthe District's fiscal year (June 30) which shall show for each sport the amount expended and any revenues received with respect to the sport. An individual requesting copies of this information shall pay the District's customary charge for public records. An individual may also choose to inspect records and may do so in accordance with the provisions ofthe Oklahoma Open Records Act which includes the right to inspect public records. Sources of revenues and expenditures shall include but not be limited to general fund revenues, booster club donations, and all other third party donations or payments. The District agrees that it has the responsibility to equitably support boys' and girls' sports.
5. The District shall publish to students atthe beginning ofthe 2000-200 1 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
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Case 4:99-cv-00816-mb Document 26 Filed in USDC ND/OK on 11/30/00 Page 4 of 11
to the District's sports offerings, and the identity, address, and telephone number of the District's Title IX Compliance Officer.
6. The School District, for the 2000-2001 school year, shall institute specific education related to gender equity in school sponsored sports, which education shall be delivered to the District's administrative and athletic staff and shall also include other staff members or volunteers who are associated with the District's program of school sponsored sports. 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.
7. The School District agrees to publish to students, as a part of the Student Handbook, its commitment to equal opportunity for male and female student athletes. This information shall be published annually, whether in the Student Handbook or an alternate publication designed to reach students and their parents. The District shall notifY parents that it has a grievance procedure which can be used for reporting possible gender inequity with respect to the School District's sports offerings. The District shall also list the District's Title IX Compliance Officer, his or her address, telephone number, and availability ofa copy ofthe grievance procedure. The 2001-2002 publication to students shall include a statement that a summary ofthis Settlement Agreement is available from the Compliance Officer upon parental or student request.
8. The School District has a softball and baseball field for use by athletes involved in these sports. The District has purchased and installed new bleachers adjacent to the softball field. By July 1, 2001, the District agrees to make the following improvements to the softball field: electrical wiring to the dug-outs; addition of pipe across the top of the batting cage to protect against sinking caused by the weight of the net; construction of a press box with primary construction material - tin; concession area, comparable to baseball's existing area, which shall be either a portable concession facility or a permanent concession area located at the softball field; purchase and installation of a scoreboard; and dirt to be added to center field. Softball, like baseball, may utilize fencing around the softball field for advertising sales and the revenue from those sales shall be used to purchase lights for the softball field. Lights for the softball and baseball field shall be installed, if at all, at the same time.
9. The District shall encourage parents to support interscholastic sports through fundraisers 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
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Case 4:99-cv-00816-mb Document 26 Filed in USDC ND/OK on 11/30/00 Page 5 of 11
.,.....,.
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 encouraged to participate in the support ofschoolsports. 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.
10. The School District shall 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's obligation, in the face of applicants of varying backgrounds and interests, is to utilize a gender neutral system for attracting coaches for all ofits teams. Similarly, ifthe District chooses to use lay or volunteer coaches it must afford the opportunity for extra coaching assistance without regard to team gender. The coachplayer ratio shall be consistent with the regulations ofTitle IX. Coaches, with respect to the scheduling of games, shall schedule a full slate of competition opportunities for teams and shall notify the District's Athletic Director in writing regarding any circumstances resulting in a reduced competition schedule. The Plaintiffs seek, through this provision, to emphasize the importance ofassigning experienced and qualified coaches in a gender-neutral manner, and doing so in a manner which does not treat female and male sports differently because of the gender of the team members.
II. District shall schedule all games and practices on a gender neutral basis. In the instance of middle school, the District shall avoid a schedule that routinely sets middle school girls' basketball at the earliest time slot, which may adversely impact the ability of parents and others to attend games.
12. Coaches for male and female teams shall coordinate use of facilities which permits female teams an equivalent opportunity to utilize the District's available gyms. Gyms shall be equally available to male and female teams within the District's middle school and high school sports programs. The District shall provide for equal access to gyms for varsity, junior varsity or middle school teams by designation of a schedule that insures that one team's use ofa more or less desirable facility does not predominate over another team's use when comparing girls' varsity teams with boys' varsity teams or girls' and boys' middle school teams.
13. The District has typically scheduled male sports during the last hour of the school day. The parties agree that th~ District is not required to schedule some or all sports during any particular hour ofthe school day including the last hour. However, the District's schedule must provide for a similar advantage or disadvantage based on its schedule for
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Case 4:99-cv-00816-mb Document 26 Filed in USDC ND/OK on 11/30/00 Page 6 of 11
male and female athletes. Accordingly, the District agrees to schedule students in a manner that provides female athletes with athletics during the last hour to the same extent that male athletes are provided that schedule. Students, male and female, shall be provided equivalent scheduling of athletics while taking into consideration the desire to maximize a student's ability to participate in more than one sport.
14. The School District shall provide equipment, supplies, and uniforms for students and coaches who participatein school sponsored sports in a gender neutral manner.
15. Plaintiffs agree, with respect to uniforms, equipment, and supplies, to promptly notifY the Athletic Director or the Superintendent in writing ofany instance where they have formed a beliefthat 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 may accomplish this by utilizing the District's Grievance Procedure applicable to claims of discrimination, but are not required to do so.
16. The School District has a weight room which shall be available to students without regard to gender. The weight room is located adjacent to the football locker room. 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 ofthe weight room to enhance athletic skills and training. Supervision ofthe weight room shall be performed in a manner conducive to equal access to weight facilities and equipment for males and females. The parties mutually agree that the District may, without violation of this agreement, establish separate weight rooms for male and female athletes or students. However, separate weight rooms must afford both genders a similar opportunity to benefit from the strength and conditioning benefits available as a result of an established and available weight room. Additionally, the School District has purchased dumbbell weights ranging from 1-21 pounds.
17. 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/parents should alert coaches to pending requests for information and
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Case 4:99-cv-00816-mb Document 26 Filed in USDC ND/OK on 11/30/00 Page 7 of 11
should cooperate with the coaches' in the provision of information relevant to outside inquiries.
18. The School District acknowledges the need to equalize the locker/dressing room space available to male and female athletes utilizing the District's available facilities. The parties acknowledge that the School District lacks the funds necessary to construct new facilities for female athletes. Likewise, the parties acknowledge the long-term goal of constructing new facilities that will provide sufficient locker and dressing room space for all ofthe District's athletes. However, at the time ofthis Settlement Agreement the District faces the obligation to provide female athletes locker/dressing areas comparable to those available to the District's male athletes. Accordingly, until such time as the District constructs new facilities sufficient to alleviate the existing differences in the facilities available to female athletes as compared with male athletes, the District shall split the use of the female and male locker/dressing rooms located in the High School as follows: the girls shall utilize the space currently designated as the girls' locker dressing area until the conclusion of boys' junior high football. At that time the boys and girls shall exchange locker/dressing areas for the remainder ofthe school year. The same schedule shall be used in subsequent school years until such time as the School District is able to provide girls and boys with locker/dressing room areas that are substantially equal. Likewise, the football locker/dressing area located adjacent to the District's weight room shall be retained as a football locker/dressing area for the first semester of each school year. The same facility shall be designated as a girls' locker/dressing area for the second semester of each school year - until such time as the District is able to provide female athletes with locker/dressing areas for boys and girls that are substantially equal, taking into consideration the nature of the sports and relative participation levels.
19. The School District and the Plaintiffs agree that the District is in need ofa new school gymnasium and that any gymnasium construction would also require the construction of locker/dressing areas for student athletes. New construction of this type can only be accomplished with the passage ofa bond issue and the District is, at the time ofapproval and signing ofthis Agreement, at its full bonding capacity. Accordingly, the School District at the first bond election opportunity, which is likely at least four years away, will propose the construction ofa gymnasium which shall include locker/dressing room facilities and weight facilities which shall provide female athletes with the same benefits with respect to locker/dressing room areas as male athletes.
20. At the time ofconstruction ofa new gymnasium facility the District shall have the option ofretaining the weight room adj acent to the football locker/dressing room for the use of male athletes and constructing new weight facilities for female athletes as a part of
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Case 4:99-cv-00816-mb Document 26 Filed in USDC ND/OK on 11/30/00 Page 8 of 11
the new construction or may discontinue the use ofthe weight room located as a part ofthe football building annex in favor of a single weight room that serves all athletes.
21. It is understood and acknowledged by the parties hereto that the School District relies on the contributions oftime, money, equipment and supplies that come from individual donors, organizations such as booster clubs, businesses, parents and others. The School district desires to retain the enormous benefits provided by private as well as public donors. However, School District shall not permit any infusion ofnon-school monetary or non-monetary contributions to result in programs which are unequal. School District acknowledges that it has a responsibility to monitor contributions and the effect contributions have on school-spons6red sports. School District recognizes that it has the responsibility to ensure that boys' and girls' sports are supported equitably, and that all sports are funded on a gender-neutral basis.
22. This Settlement Agreement is approved by and entered as an order and judgment ofthe Court and shall be subject to the full enforcement powers ofthe 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 before returning to the Court for enforcement of this Settlement Agreement.
23. Plaintiffs and Defendant agree that the issue of attorney fees and costs connected with the instant action shall be submitted to the Court pursuant to a briefing schedule which shall be designated by the Court unless the parties, by separate agreement, resolve the issue of payment of attorney fees and costs to Plaintiffs for the benefit of their counsel.
24. The Plaintiffs agree to release and by this instrument release the School District, its attorneys, assigns and successors, of any and all claims, liabilities, or actions which Plaintiffs presently have or have had against the School District existing as ofthe date ofexecution ofthis Agreement except for the claim for attorney fees and costs related to this action.
25. The parties shall enter!l Stipulation for Dismissal With Prejudice which shall be filed in this matter within five calendar days ofthe final disposition ofall issues including the issue of attorney fees.
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Case 4:99-cv-00816-mb Document 26 Filed in USDC ND/OK on 11/30/00 Page 9 of 11

26. 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.

27. 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.

28. Any modifications to this Agreement must be set forth in writing and signed by the designated representatives ofthe School District and the named representatives ofthe Plaintiffs' class.

29. 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.

~day Signed this

of November, 2000.

JUDGE OF THE DIS

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Case 4:99-cv-00816-mb Document 26 Filed in USDC ND/OK on 11/30/00 Page 10 of 11 •

!"~~ \,

,

.

.>...tj.;._""""''-'>-_ _ __

GREG LLEN

VICKI WHEELER

(,)1~..,.'. lD)(l1i!l1ll7

SHELLYILLEN

,-----

SCHILLER LAW FIRM
By:---,,~~,,+-..,L..c::.sLJ2td.~..&::.~_ __
Samuel J. Sc er, OBA #016067 Ray Vasser, OBA #009944 Post Office Box 159 Haskell, OK 74436 (918) 482-5942 Telephone (918) 482-1264 Facsimile Attorneys for Plaintiff.~

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Case 4:99-cv-00816-mb Document 26 Filed in USDC ND/OK on 11/30/00 Page 11 of 11
· .
INDEPENDENT SCHOOL DISTRICT NO. 38 OF OSAGE COUNTY, OKLAHOMA, also known as HOMINY PUBLIC SCHOOLS
Melvina Prather, 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 Defendant, Independent School District No. 38 of Osage County, a/k1a Hominy Public Schools
- 11 -

 
 Case 4:99-cv-00816-mb Document 28 Filed in USDC ND/OK on 11/30/00 Page 1 of 2

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

TOM AND BRENDA DYER, as parents and )

next friend of their minor daughter, KANDIS )

DYER; TOM AND BRENDA DYER, as

)

parents and next friend of their minor daughter, )

TAMARA DYER; ROGER AND VICKI

)

WHEELER, as parents and next friend of their )

minor daughter, JILLIAN WHEELER;

)

ROGER AND VICKI WHEELER, as parents )

and next friend of their minor daughter,

)

RACHAEL WHEELER; GREG AND

)

SHELLY BILLEN, as parents and next

)

friend of their minor daughter, HEATHER )

BILLEN;

)

Plaintiffs,

)

)

v.

)

)

INDEPENDENT SCHOOL DISTRICT

)

NO. 38 OF OSAGE COUNTY, aJk/a

)

HOMINY PUBLIC SCHOOLS;

)

GERALD CHRISTY, individually and in

)

his official capacity as Superintendent; and )

Does I through 50

)

FILED NOV 30 zooy
Phil lombardi. Clerk U.S. DISTRICT COURT
Case No. 99-CV-0816 RU(E/ CLASS ACTION

JUDGMENT
In accordance with the settlement reached between the parties, the Plaintiffs are awarded, for the sole benefit of Plaintiffs' counsel, their attorneys' fees and litigation expenses,

Case 4:99-cv-00816-mb Document 28 Filed in USDC ND/OK on 11/30/00 Page 2 of 2
· -..
"
IT IS THEREFORE ORDERED that the Plaintiffs' counsel recover from the Defendant the sum of$19,500.00, with post-judgment interest thereon at the rate of6.197 percent as provided by law.
ORDERED this ;if day of November, 2000.

APPROVED:

HONORABLE MIen"'f".•, UNITED STATES

Samuel J. Schil r, OBA #016067 Ray Yasser, OBA #009944 Post Office Box 159 Haskell, OK 74436 (918) 482-5942 (918) 482-1264 (facsimile) Attorneys for Plaintifft

Karen L. Long, OBA #5510 ROSENSTEIN, FIST & RINGOLD 525 South Main, Suite 700 Tulsa, Oklahoma 74103-4500 (918) 585-9211 (918) 583-5617 (facsimile) Attorneysfor Defendants

-2-

 
 Case 4:99-cv-00816-mb Document 29 Filed in USDC ND/OK on 01/29/01 Page 1 of 2

RECEIVED

IN THE UNITED STATES DISTRICT COURT

JAN 2 5 2001

FOR THE NORTHERN DISTRICT OF OKLAHOMA
Phlll.ombardi, Clerk U.S. DISTRICT COURT

TOM AND BRENDA DYER, as parents and )

next friend oftheir minor daughter, KANDIS )

DYER; TOM AND BRENDA DYER, as

)

parents and next friend oftheir minor daughter, )

TAMARA DYER; ROGER AND VICKI

)

WHEELER, as parents and next friend oftheir )

minor daughter, lILLIAN WHEELER;

)

ROGER AND VICKI WHEELER, as parents )

and next friend of their minor daughter,

)

RACHAEL WHEELER; GREG AND

)

SHELLY BILLEN, as parents and next

)

friend of their minor daughter, HEATHER )

BILLEN;

)

Plaintiffs,

)

)

v.

)

)

INDEPENDENT SCHOOL DISTRICT

)

NO. 38 OF OSAGE COUNTY, a/k/a

)

HOMINY PUBLIC SCHOOLS;

)

GERALD CHRISTY, individually and in

)

his official capacity as Superintendent; and )

Does I. through 50

)

ENTERED ON DOCKET
DATE J - 30-D I
Case No. 99-CV-0816 BU(E) / CLASS ACTION
0 F I LED JAN 2 9 2001 Phil Lombardi, Clerk
U.S. DISTRICT COURT

JOINT STIPULATION OF DISMISSAL
Pursuant to Rule 41(a) ofthe Federal Rules of Civil Procedure, the Plaintiffs, Tom and Brenda Dyer, as parents and next friend of their minor daughters, Kandis Dyer and Tamara Dyer, Roger and Vicki Wheeler, as parents and next friend oftheir minor daughters, lillian Wheeler and Rachael Wheeler, and Greg and Shelly Billen, as parents and next friend of their minor daughter, Heather Billen, hereby stipulate with the Defendant, Independent

Case 4:99-cv-00816-mb Document 29 Filed in USDC ND/OK on 01/29/01 Page 2 of 2

... ''..

,,""

School District No. 38 of Osage County, Oklahoma a/k/a Hominy School District, that this action shall be dismissed with prejudice. This Stipulation of Dismissal shall apply to Defendants Hominy School District and Does 1-50, Superintendent Gerald Christy having been previously dismissed by stipulation of the parties.
Dated this ,ggrrday of ~ ,2000.

APPROVED:
Samuel J. Schi er, OBA #016067 Ray Yasser, OBA #009944 Post Office Box 159 Haskell, OK 74436 (918) 482-5942 (918) 482-1264 (facsimile) Attorneys for Plaintiffs
=
Karen L Long, OBA #5510 ROSENSTEIN, FIST & RINGOLD 525 South Main, Suite 700 Tulsa, Oklahoma 74103-4500 (918) 585-9211 (918) 583-5617 (facsimile) Attorneys for Defendants
-2.

 
 USDC ND/OK Case: 4:99-cv-00816-mb As of: 02/24/2014 08:22 PM CST 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−00816−mb

Dyer, et al v. Osage School Dist 38, et al Assigned to: Judge Michael Burrage Demand: $0 Cause: 28:1331 Federal Question: Other Civil Rights
Plaintiff

Date Filed: 09/29/1999 Date Terminated: 06/08/2000 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Tom Dyer as parent and next friend of minor daughters Kandis Dyer and Tamara Dyer on behalf of Kandis Dyer on behalf of Tamara Dyer

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
Brenda Dyer as parent and next friend of minor daughters Kandis Dyer and Tamara Dyer

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
Roger Wheeler as parent and next friend of minor daughters Jillian Wheeler and Rachael Wheeler on behalf of Jillian Wheeler on behalf of Rachael Wheeler

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
Vicki Wheeler as parent and next friend of minor daughters Jillian Wheeler and Rachael Wheeler

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

USDC ND/OK Case: 4:99-cv-00816-mb As of: 02/24/2014 08:22 PM CST Page 2 of 4

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

Plaintiff
Greg Billen as parent and next friend of minor daughter Heather Billen on behalf of Heather Billen

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
Shelly Billen as parent and next friend of minor daughter Heather Billen

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. 38 of Osage County also known as Hominy Public Schools Defendant Hominy Public Schools Superintendent Gerald Christy
Defendant Gerald Christy individually
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

# Docket Text

USDC ND/OK Case: 4:99-cv-00816-mb As of: 02/24/2014 08:22 PM CST Page 3 of 4

09/29/1999 09/29/1999
10/01/1999 10/01/1999 10/21/1999 11/03/1999
11/16/1999 11/16/1999 12/02/1999 12/07/1999 12/14/1999
12/16/1999 12/16/1999
04/13/2000 04/24/2000 04/24/2000 05/05/2000
05/08/2000 06/02/2000

1 CLASS ACTION COMPLAINT (Summons issued); Consent form sent (fee status: pd) (fe, Dpty Clk) Modified on 10/18/1999 (Entered: 09/30/1999)
FILING FEE PAID IN FULL by plaintiff Tom Dyer, plaintiff Brenda Dyer, plaintiff Roger Wheeler, plaintiff Vicki Wheeler, and plaintiff Greg Billen on 9/29/99 in the amount of $150.0 receipt # 88466 (fee status: pd) (fe, Dpty Clk) (Entered: 09/30/1999)
2 ATTORNEY APPEARANCE for plaintiffs by Samuel J Schiller (sac, Dpty Clk) (Entered: 10/04/1999)
3 ATTORNEY APPEARANCE for plaintiffs by Ray Yasser (sac, Dpty Clk) (Entered: 10/04/1999)
4 ANSWER by defendant Hominy Public School, defendant Gerald Christy to compl [1−1] (fe, Dpty Clk) (Entered: 10/21/1999)
5 MINUTE ORDER: by Judge Michael Burrage ; CASE MANAGEMENT CONF set for 11:20 a.m., 12/14/99 . 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: 11/03/1999)
6 MOTION by plaintiff Tom Dyer, plaintiff Brenda Dyer, plaintiff Roger Wheeler, plaintiff Vicki Wheeler, plaintiff Greg Billen, plaintiff Shelly Billen for class action certification (O2J) (crp, Dpty Clk) (Entered: 11/17/1999)
7 BRIEF by plaintiff Tom Dyer, plaintiff Brenda Dyer, plaintiff Roger Wheeler, plaintiff Vicki Wheeler, plaintiff Greg Billen, plaintiff Shelly Billen in support of motion for class action certification [6−1] (crp, Dpty Clk) (Entered: 11/17/1999)
8 ORDER by Judge Michael Burrage granting pltfs' motion for class action certification [6−1] (cc: all counsel) (sac, Dpty Clk) (Entered: 12/03/1999)
9 CASE MANAGEMENT PLAN Received (crp, Dpty Clk) (Entered: 12/08/1999)
10 MINUTES: ; Case Management Conference held 12/14/99 . Counsel present w/3 class pltfs. Schedo. submitted for Ct approval. Setcon to be set in June '00 and parties DO NOT consent to adjunct.[N/R][c/MJ] (fe, Dpty Clk) (Entered: 12/14/1999)
11 SETTLEMENT CONFERENCE ORDER by Magistrate Sam A. Joyner: SETTLMT CONF set for 1:30 PM on 6/13/00 before Magistrate Sam A. Joyner; stmts due 6/6/00 (cc: all counsel) (lmc, Dpty Clk) (Entered: 12/16/1999)
12 SCHEDULING ORDER by Judge Michael Burrage, the motion filing ddl is set for 5/22/00; discovery due 5/15/00; proposed pretrial order due 7/24/00; PRETRIAL CONF set for 9:30 a.m. 7/27/00; TRIAL set for 9:30 a.m. on 8/21/00 (See O for further ddls) (cc: all counsel) (crp, Dpty Clk) (Entered: 12/17/1999)
13 EXPERT WITNESS list by defendant Osage School Dist 38 (sac, Dpty Clk) (Entered: 04/14/2000)
14 FINAL WITNESS list by plaintiffs Shelly Billen, Greg Billen, Vicki Wheeler, Roger Wheeler, Brenda Dyer and Tom Dyer (crp, Dpty Clk) (Entered: 04/25/2000)
15 WITNESS list by defendant Osage School Dist 38 (fe, Dpty Clk) (Entered: 04/25/2000)
16 MINUTE ORDER by Magistrate Sam A. Joyner: Due to Court conflict, the Settlement Conference is hereby reset for 1:30 PM on 6/19/00 before Magistrate Sam A. Joyner, all other dates remain as set. (SAJ−MJ) (cc: all counsel) (lmc, Dpty Clk) (Entered: 05/05/2000)
17 SETTLEMENT CONFERENCE STATUS REPORT: settlement conference stricken (cc: all counsel) (sac, Dpty Clk) (Entered: 05/08/2000)
18 MOTION by plaintiff Shelly Billen, defendant Gerald Christy, defendant Hominy Public School, defendant Osage School Dist 38, plaintiff Greg Billen, plaintiff Vicki Wheeler, plaintiff Roger Wheeler, plaintiff Brenda Dyer, plaintiff Tom Dyer for entry of admin closing order (fe, Dpty Clk) (Entered: 06/02/2000)

USDC ND/OK Case: 4:99-cv-00816-mb As of: 02/24/2014 08:22 PM CST Page 4 of 4

06/08/2000 06/08/2000 08/07/2000
08/09/2000 10/10/2000
10/12/2000 11/09/2000
11/27/2000 11/30/2000 11/30/2000
11/30/2000 01/25/2001 01/29/2001

19 ORDER by Judge Michael Burrage granting motion for entry of admin closing order [18−1] (cc: all counsel) (sac, Dpty Clk) (Entered: 06/09/2000)
20 ADMINISTRATIVE Closing Order by Judge Michael Burrage (cc: all counsel); Documents pending: −0− (sac, Dpty Clk) (Entered: 06/09/2000)
21 JOINT MOTION by plaintiff Shelly Billen, defendant John Doe, defendant Gerald Christy, defendant Hominy Public School, defendant Osage School Dist 38, plaintiff Greg Billen, plaintiff Vicki Wheeler, plaintiff Roger Wheeler, plaintiff Brenda Dyer, plaintiff Tom Dyer to extend admin closing ord ddln for 60 days , or to reopen the case (o/j) (sac, Dpty Clk) (Entered: 08/08/2000)
22 ORDER by Judge Michael Burrage granting motion to extend admin closing ord ddln for 60 days [21−1], terminating motion to reopen the case [21−2] (cc: all counsel) (sac, Dpty Clk) (Entered: 08/10/2000)
23 JOINT MOTION by plaintiff Shelly Billen, defendant Gerald Christy, defendant Hominy Public School, defendant Osage School Dist 38, plaintiff Greg Billen, plaintiff Vicki Wheeler, plaintiff Roger Wheeler, plaintiff Brenda Dyer, plaintiff Tom Dyer to extend admin closing , or to reopen the case (o/j) (sac, Dpty Clk) (Entered: 10/11/2000)
24 ORDER by Judge Michael Burrage granting motion to extend admin closing for 30 days [23−1], terminating motion to reopen the case [23−2] (cc: all counsel) (crp, Dpty Clk) (Entered: 10/12/2000)
25 MINUTE ORDER: by Judge Michael Burrage: Upon oral request of Plaintiffs' counsel and upon agreement of Defendants' counsel, the Administrative Closing Order deadline is extended an additional 14 days from this date. (cc: all counsel) (fe, Dpty Clk) (Entered: 11/09/2000)
PROPOSED Rls &Stlmt of Clm of Atty Fees &Costs; Judgment; Stlmt Agrmt (forwarded to mb−j) (sac, Dpty Clk) (Entered: 11/28/2000)
26 ORDER (SETTLEMENT AGREEMENT) by Judge Michael Burrage (cc: all counsel) (sac, Dpty Clk) (Entered: 12/04/2000)
27 NOTICE (RELEASE AND SETTLEMENT OF CLAIM FOR ATTY FEES &COSTS) by plaintiff Shelly Billen, defendant John Doe, defendant Gerald Christy, defendant Hominy Public School, defendant Osage School Dist 38, plaintiff Greg Billen, plaintiff Vicki Wheeler, plaintiff Roger Wheeler, plaintiff Brenda Dyer, plaintiff Tom Dyer (sac, Dpty Clk) (Entered: 12/04/2000)
28 JUDGMENT: by Judge Michael Burrage (cc: all counsel) (sac, Dpty Clk) (Entered: 12/04/2000)
PROPOSED Jt Stipulation of Dismissal (forwarded to Judge) (crp, Dpty Clk) (Entered: 01/25/2001)
29 ORDER (JOINT STIPULATION OF DISMISSAL) by Judge Michael Burrage; dismissing case (cc: all counsel) (crp, Dpty Clk) (Entered: 01/30/2001)