Kentucky Eastern District Court
Judge:Karen K Caldwell
Referred: Edward B Atkins
Case #: 5:19-cv-00394
Nature of Suit448 Civil Rights - Education
Cause20:1681 Title IX Educational Amendments 1992 - Sex Discrimination
Case Filed:Sep 25, 2019
Terminated:Oct 28, 2024
Last checked: Monday Mar 23, 2020 5:53 AM EDT
Defendant
Mitch Barnhart
Represented By
Bryan Howard Beauman
Sturgill, Turner, Barker & Moloney PLLC
contact info
William Eugene Thro
University Of Kentucky
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Donald C. Morgan
Sturgill, Turner, Barker & Moloney PLLC
contact info
Defendant
Eli Capilouto
Represented By
Bryan Howard Beauman
Sturgill, Turner, Barker & Moloney PLLC
contact info
William Eugene Thro
University Of Kentucky
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Donald C. Morgan
Sturgill, Turner, Barker & Moloney PLLC
contact info
Defendant
University of Kentucky
Represented By
Bryan Howard Beauman
Sturgill, Turner, Barker & Moloney PLLC
contact info
William Eugene Thro
University Of Kentucky
contact info
Donald C. Morgan
Sturgill, Turner, Barker & Moloney PLLC
contact info
Plaintiff
Elizabeth Niblock
Represented By
Beatriz Mate-Kodjo
Newkirk Zwagerman, P.L.C.
contact info
Jill Zwagerman
Newkirk Zwagerman, P.L.C.
contact info
Barbara D. Bonar
Bonar, Bucher & Rankin, Psc
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Lori Bullock
Newkirk Zwagerman, P.L.C.
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Sophia Nicole Stevenson
Bonar, Bucher & Rankin, Psc
contact info
TERMINATED PARTIES
Defendant
Board of Trustees
Terminated: 01/23/2020
Represented By
Bryan Howard Beauman
Sturgill, Turner, Barker & Moloney PLLC
contact info
William Eugene Thro
University Of Kentucky
contact info
Donald C. Morgan
Sturgill, Turner, Barker & Moloney PLLC
contact info
Plaintiff
Meredith Newman
Terminated: 10/11/2019
Represented By
Beatriz Mate-Kodjo
Newkirk Zwagerman, P.L.C.
contact info
Jill Zwagerman
Newkirk Zwagerman, P.L.C.
contact info
Barbara D. Bonar
Bonar, Bucher & Rankin, Psc
contact info
Lori Bullock
Newkirk Zwagerman, P.L.C.
contact info
Sophia Nicole Stevenson
Bonar, Bucher & Rankin, Psc
contact info

GPO Nov 30 2020
OPINION & ORDER: The Court hereby ORDERS that the Dfts' 11 MOTION to Dismiss is GRANTED in part and DENIED in part as follows: 1) the motion is GRANTED as to Niblock's Equal Protection claim under 42 U.S.C. § 1983 against UK and that claim is DISMISSED; 2) the motion is GRANTED as to Niblock's claim for money damages on her Equal Protection claim under 42 U.S.C. § 1983 against dfts Capilouto and Barnhart in their official capacities and that claim is DISMISSED; and 3) the motion is otherwise DENIED. Signed by Judge Karen K. Caldwell on 11/30/2020. (MDC) cc: COR
GPO Jul 28 2023
OPINION & ORDER: Dft's 92 MOTION to Exclude the expert testimony of Dr. Donna Lopiano is GRANTED. Signed by Judge Karen K. Caldwell on 7/28/2023. (DC) cc: COR
GPO Aug 02 2023
OPINION & ORDER: 1) UK's motion is limine (DE 91) is GRANTED to the extent that seeks to preclude the plaintiffs from introducing evidence of monetary damages. All such evidence is EXCLUDED. The motion is DENIED as premature to the extent that UK seeks to preclude evidence that any nonstudents asked UK to add certain varsity sports teams. UK may reassert this objection at trial. 2) The plaintiffs' motion in limine (DE 95), by which they seek to exclude any testimony that the Office of Civil Rights (OCR's) approved UK's athletic interest survey, is DENIED as moot. The plaintiffs may reassert this objection at trial if UK should attempt to introduce any evidence that the OCR approved the survey. Signed by Judge Karen K. Caldwell on 8/2/23.(JLM)cc: COR
GPO Aug 04 2023
OPINION & ORDER re 130 Order: Court will defer to the 1979 Policy Interpretation and the three-part test as the applicable standard in this case. Signed by Judge Karen K. Caldwell on 08/04/2023. (DC) cc: COR
Docket last updated: 11/24/2024 11:59 PM EST
Monday, October 28, 2024
171 171 1 pgs order Judgment Mon 10/28 3:24 PM
JUDGMENT: 1) Judgment is entered in favor of the University of Kentucky on Plaintiffs' Title IX claim; 2) Plaintiffs' Equal Protection claim against Mitch Barnhart and Eli Capilouto in their official capacities is DISMISSED with prejudice; 3) this Judgment is FINAL and APPEALABLE; and 4) this matter is STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 10/28/24.(JLM)
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170 170 31 pgs order Findings of Fact & Conclusions of Law Mon 10/28 3:17 PM
FINDINGS OF FACT AND CONCLUSIONS OF LAW: 1) Plaintiffs have failed to prove that the selection of sports and levels of competition at UK do not effectively accommodate the interests and abilities of UK's female students; 2) Judgment will be entered in favor of UK on Plaintiffs' Title IX claim; 3) Plaintiffs' Equal Protection claim against Mitch Barnhart and Eli Capilouto in their official capacities is DISMISSED with prejudice; and 4) UK's motion to reconsider (DE167 ) is DENIED. Signed by Judge Karen K. Caldwell on 10/28/24.(JLM)
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