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Brust v. U.C. Regents

United States District Court (E.D. Cal.)Case No. 2:07-CV-01488-FCD-EFB

Case Type:  Civil Rights

On July 24, 2007, Plaintiffs Kelsey Brust, Jessica Bulala, and Laura Ludwig filed a class action claim under Title IX against the Regents of the University of California, UC Davis Chancellor Larry Vanderhoef, and UCD Athletic Director Greg Warzecka, for UCD’s conduct relating to athletics.  Plaintiffs were recently graduated female students at UCD who alleged that UCD failed to comply with Title IX, equal protection, and state laws by providing insufficient athletic opportunities to female students that did not reflect the high level of interest in athletic participation among female students.

On October 26, 2007, Defendants moved to dismiss the Action pursuant to Fed. R. of Civ. Proc., rule 12(b)(6) on several grounds.  On December 12, 2007, the Court granted Defendants’ motion in part, dismissing Plaintiffs’ equal protection claim and their state law claims, and dismissing defendants Vanderhoef and Warzecka.  Plaintiffs’ remaining claim was based on violation of Title IX for failure to provide equal athletic opportunities to women.  On August 14, 2008, Plaintiffs filed a Motion for Class Certification.  On October 24, 2008, the Court entered an Order certifying the following class:

All present, prospective, and future women students at the University of California at Davis who seek to participate in and/or who are deterred from participating in intercollegiate athletics at the University of California at Davis.

Plaintiffs were appointed class representatives and Plaintiffs’ counsel, Equal Rights Advocates, The Sturdevant Law Firm, and Equity Legal, were appointed as Class Counsel.

The parties reached the settlement following two days of mediation resolving all claims asserted in the action.  The negotiated terms of the settlement are set forth in the written Stipulated Judgment resulted in substantial equitable relief for the Class that has both injunctive relief and monetary relief components.

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