C.D. Cal. 2:15-cv-00298 Case History

Videckis v. Pepperdine University
previously Videckis v. Weisenberg
No. 2:15-cv-00298, Docket

Court: Central District of California (Western Division – Los Angeles)
Assigned to: Judge Dean D. Pregerson
Referred to: Magistrate Judge Jacqueline Chooljian

COMPLAINTS and ANSWERS

Removal from state court; complaint attached (01/14/2015)

First Amended Complaint (02/05/2015)

Second Amended Complaint (05/06/2015)

Third Amended Complaint (05/26/2015)
- Defendant’s Stipulation (05/19/2015); Order allowing Plaintiffs to file (05/21/2015)
Answer (12/28/2015)

MOTIONS TO DISMISS

Defendant’s Motion to Dismiss First Amended Complaint (02/18/2015)
- Request for Judicial Notice of Plaintiffs’ initial Complaint (attached to notice of removal)
Plaintiffs’ Opposition (03/09/2015)
Defendant’s Reply (03/16/2015)
Hearing on Motion to Dismiss held March 30, 2015; Minutes; transcript available online on 9/05/2017
ORDER – Granting in part and Denying in part (04/16/2015)
- Dismissed: (1) Invasion of Privacy claim – insofar as it is based on the requests for Plaintiffs’ medical records – and (2) Title IX claim. Both dismissed with leave to amend.
- Motion is otherwise Denied

Defendant’s Motion to Dismiss 3rd, 4th and 5th Causes of Action of the Third Amended Complaint (06/09/2015)
Plaintiffs’ Opposition (06/29/2015)
Defendant’s Reply (07/06/2015)
Hearing on Motion to Dismiss held August 24, 2015; Minutes
ORDER – Denying Motion (12/14/2015, corrected 12/15/2015)

DISCOVERY MOTIONS

Plaintiffs’ Motion to Request Production of Notes

Plaintiffs’ Motion to require production of unredacted copies of notes in connection with Title IX investigation of Plaintiffs’ claims (05/06/2016)
ORDER Granting unopposed motion (05/06/2016)

Joint Stipulation for Protective Order (02/24/2017)
Protective Order with changes made by Court (03/21/2017)

Defendant’s Motion to Compel Mental Examinations of Plaintiffs (04/07/2017)
- Parties’ Stipulations regarding motion
- Defendant’s Supplement to Motion (04/18/2017)
Plaintiffs’ Opposition (04/18/2017)
Hearing held on Motion to Compel April 25, 2017 before Magistrate Judge Chooljian
MOTION GRANTED See Minute Order for details

Plaintiffs’ Motion to Compel Deposition of Andrew Benton

Plaintiffs’ Motion to Compel (04/08/2017)
Minute Order (Magistrate Judge Chooljian): Motion Denied as untimely (04/14/2017)
- Plaintiffs’ Response to Order (04/17/2017)

Plaintiffs’ Motion to extend date to hear motion (04/28/2017)
- Defendant’s Opposition (05/01/2017)
- ORDER extending date that Magistrate Judge Chooljian may hear motion (05/04/2017)

Defendant’s Supplemental Memo in Opposition to motion to compel (05/16/2017)
- ORDER (Magistrate Judge Chooljian) (05/18/2017)
- Parties to confer and file joint status report or stipulation
- Joint Status Report (05/22/2017); Minute Order on Scheduling (05/23/2017)
Plaintiffs’ Supplemental Memo in support of motion to compel (05/23/2017)

MAGISTRATE ORDER, Mag. Judge Chooljian: Motion GRANTED (05/18/2017) #132
- deposition to take place within 14 days of this order absent agreement of the parties to conduct on a later date or to refrain from conducting in light of pending motions in limine which are set for hearing before Judge Pregerson

Defendant’s Objection to Magistrate Order (and Parties’ stipulation to hear objection at previously scheduled June 19 hearing) (06/07/2017) [Order granting permission to hear motion at June 19 hearing]
Plaintiffs’ Reply to Defendant’s Objection (06/09/2017)
- Plaintiffs dispute grounds for objection
- Plaintiffs further contend Defendants are in violation of magistrate order (Plaintiffs agreed to have objections heard at June 19 hearing, but did not agree to delay deposition)

HEARING on Motion to Compel Benton Deposition (and also on motions in limine) held June 19, 2017 before Judge Pregerson
MINUTE ORDER (06/19/2017)
- Defendant’s motion for review of magistrate order is denied. The Magistrate Judge did not clearly err.

PRETRIAL MOTIONS

Motions in Limine

Plaintiffs' Motions in Limine

Plaintiffs’ MIL No.1 and Errata (04/24/2017)
To exclude or limit the expert testimony of Jody Shipper
- Opposition to Motion (05/30/2017)
- Reply in support of Motion (06/05/2017)
Motion GRANTED IN PART (see Minute Order, 06/19/2017)
- Witness may answer hypothetical questions, but shall not testify as to the ultimate issue in the case

Plaintiffs’ MIL No.2 and Errata (04/24/2017)
To exclude or limit the expert testimony of Richard J. Mouw
- Opposition to Motion (05/30/2017)
- Reply in support of Motion (06/05/2017)
Motion GRANTED IN PART (see Minute Order, 06/19/2017)
- Witness may answer hypothetical questions, but shall not testify as to the ultimate issue in the case

Plaintiffs’ MIL No.3 and Errata (04/24/2017)
To exclude or limit the expert testimony of Chris Schoemann
- Opposition to Motion (05/30/2017)
- Reply in support of Motion (06/05/2017)
Motion GRANTED IN PART (see Minute Order, 06/19/2017)
- Witness may answer hypothetical questions, but shall not testify as to the ultimate issue in the case

Plaintiffs’ MIL No.4 and Errata (04/24/2017)
To exclude or limit the expert testimony of M. Dianne Murphy
- Opposition to Motion (05/30/2017)
- Reply in support of Motion (06/05/2017)
Motion GRANTED IN PART (see Minute Order, 06/19/2017)
- Witness may answer hypothetical questions, but shall not testify as to the ultimate issue in the case

Plaintiffs’ MIL No.5 (04/24/2017)
To exclude or limit the expert testimony of Brian Barrio, Ryan Weisenberg, Jordan Smith, Trisha Raniewicz, Mallorie Winn, Steve Potts, Karina Herold, Tabatha Jones Jolivet, Mark Davis, Kevin Wright, Karissa Scherrer and Gary Green
- Opposition to Motion (05/30/2017)
- Reply in support of Motion (06/05/2017)
Motion DENIED subject to Defendant laying an appropriate foundation (see Minute Order, 06/19/2017)

Plaintiffs’ MIL No.6 and Errata (04/24/2017)
To exclude evidence relating to disciplinary actions taken against Plaintiffs while in school in Arizona
- Opposition to Motion (05/30/2017)
- Reply in support of Motion (06/05/2017)
Motion DENIED (see Minute Order, 06/19/2017)
- The court will address these issues on a statement by statement basis, and Defendant shall not refer to them in opening argument

Plaintiffs’ MIL No.7 (04/24/2017)
To exclude the testimony of Mr. Benton
- Opposition to Motion (05/30/2017)
- Reply in support of Motion (06/05/2017)
Motion DENIED as moot (see Minute Order, 06/19/2017)

Plaintiffs’ MIL No.8 (06/06/2017)
To exclude the expert testimony of Dr. Ronald H. Roberts
- Opposition to Motion [sealed attachments omitted] (06/08/2017)
- Reply in support of Motion (06/09/2017)
Motion DENIED (see Minute Order, 06/19/2017)

Defendant's Motions in Limine

Defendant’s MIL No.1 (04/24/2017)
To exclude testimony and evidence relating to the atmosphere or environment at Pepperdine regarding LGBT issues
- Opposition to Motion (05/30/2017)
- Reply in support of Motion (06/05/2017)
Motion DENIED (see Minute Order, 06/19/2017)

Defendant’s MIL No.2 (04/24/2017)
To exclude testimony and/or evidence of Pepperdine University’s denial of applications for a formal LGBT group and Skeptics Club on campus
- Opposition to Motion (05/30/2017)
- Reply in support of Motion (06/05/2017)
Motion DENIED (see Minute Order, 06/19/2017)

Defendant’s MIL No.3 (04/24/2017)
To exclude testimony and/or evidence of Pepperdine University donors giving or withholding money due to Pepperdine’s position regarding LGBT groups or issues
- Opposition to Motion (05/30/2017)
- Reply in support of Motion (06/05/2017)
Motion RESERVED for trial (see Minute Order, 06/19/2017)
- There shall be no mention of this issue without prior approval of the court.

Defendant’s MIL No.4 (04/24/2017)
To exclude testimony and/or evidence relating to censorship of performances or removal of flyers on campus that portray elements of homosexuality or relate to LGBT issues
- Opposition to Motion (05/30/2017)
- Reply in support of Motion (06/05/2017)
Motion DENIED (see Minute Order, 06/19/2017)

Defendant’s MIL No.5 (04/24/2017)
To exclude testimony/declarations from Elijah Sims and testimony about him
- Opposition to Motion (05/30/2017)
- Reply in support of Motion (06/05/2017)
Motion RESERVED for trial (see Minute Order, 06/19/2017)
- There shall be no mention without prior approval of the court.

Defendant’s MIL No.6 (04/24/2017)
To exclude testimony and/or evidence of comments made and documents authored by Pepperdine University’s President, Andrew Benton, regarding LGBT groups on campus
- Opposition to Motion (05/30/2017)
- Reply in support of Motion (06/05/2017)
Motion DENIED in part; RESERVED in part (see Minute Order, 06/19/2017)
- Denied with respect to the YouTube comments.
- Reserved with respect to the 2004 letter. Plaintiffs shall not refer to the letter without prior approval of the court.

Defendant’s MIL No.7 (04/24/2017)
To exclude testimony and/or evidence of Coach Ryan Weisenberg’s disciplinary actions relating to former Pepperdine basketball player Erica Chandler
- Opposition to Motion (05/30/2017)
- Reply in support of Motion (06/05/2017)
Motion GRANTED (see Minute Order, 06/19/2017)

Defendant’s MIL No.8 (04/24/2017)
To exclude testimony and/or evidence of Karissa Scherer taking Anne Stone’s cell phone and blocking phone numbers of Plaintiffs
- Opposition to Motion (05/30/2017)
- Reply in support of Motion (06/05/2017)
Motion RESERVED for trial (see Minute Order, 06/19/2017)
- There shall be no mention of this issue without prior approval of the court.

Defendant’s MIL No.9 (04/24/2017)
To exclude testimony and/or evidence of the reasons for Anne Stone’s departure from Pepperdine
- Opposition to Motion (05/30/2017)
- Reply in support of Motion (06/05/2017)
Motion GRANTED IN PART (see Minute Order, 06/19/2017)
- Plaintiff is precluded from asking Anne Stone about the reasons for her departure, absent Defendant opening the door.
- Stone is not precluded from testifying about other matters, subject to objections

Defendant’s MIL No.10 (04/24/2017)
To exclude testimony and/or evidence of Adi Conlogue’s comments to Plaintiffs about Plaintiffs’ relationship, whether they shared a room and/or a bed, whether they celebrated their birthdays together, whether they took trips together and whether they pushed their beds together
- Opposition to Motion (05/30/2017)
- Reply in support of Motion (06/05/2017)
Motion DENIED (see Minute Order, 06/19/2017)

Defendant’s MIL No.11 (04/24/2017)
To exclude testimony and/or evidence of any general opinions or reputation of Ryan Weisenberg within the basketball community
- Opposition to Motion (05/30/2017)
- Reply in support of Motion (06/05/2017)
Motion GRANTED, subject to reopening for impeachment or other proper purpose (see Minute Order, 06/19/2017)

Defendant’s MIL No.12 (04/24/2017)
To exclude testimony and/or evidence of Karissa Scherer changing the sign-in sheet at the athletic training center
- Opposition to Motion (05/30/2017)
- Reply in support of Motion (06/05/2017)
Motion DENIED (see Minute Order, 06/19/2017)

Defendant’s MIL No.13 (04/24/2017)
To exclude testimony and/or evidence relating to “Champions of Respect”
- Opposition to Motion (05/30/2017)
- Reply in support of Motion (06/05/2017)
Motion RESERVED for trial (see Minute Order, 06/19/2017)
- There shall be no mention of this issue without prior approval of the court.

Defendant’s MIL No.14 (04/24/2017)
To exclude testimony from Plaintiffs’ rebuttal expert Dr. Elliot D. Felman
- Opposition to Motion (05/30/2017)
- Reply in support of Motion (06/05/2017)
Motion DENIED, without prejudice (see Minute Order, 06/19/2017)

Defendant’s MIL No.15 and Proposed Order (06/06/2017)
To limit testimony of plaintiff rebuttal expert Donna A. Lopiano
- Opposition to Motion (06/08/2017)
- Reply in support of Motion (06/09/2017)
Motion RESERVED for trial (see Minute Order, 06/19/2017)
- Testimony beyond the scope of the designation will be precluded

HEARING on Motions in Limine (and motion to compel Benton deposition) held June 19, 2017 before Judge Pregerson
MINUTE ORDER (06/19/2017)

Defendant’s Pretrial Motions as to certain of Plaintiffs’ Claims

Defendant’s [Amended] Motion to Strike Portions of Plaintiffs’ 3rd Amended Complaint (07/10/2017)
- Proposed Order (07/12/2017)
Plaintiffs’ Memo in Opposition to Motion to Strike (07/12/2017)
ORDER – Granting in part, Denying in part (07/18/2017)
- Granted with respect to punitive damages allegations related to Title IX
- Denied with respect to punitive damages allegations related to Plaintiffs’ California Education Code Section 66270 claim

Defendant’s [Amended] Motion for Judgment on the Pleadings as to Plaintiffs’ Second Claim in 3rd Amended Complaint (07/10/2017)
- Proposed Order (07/12/2017)
Plaintiffs’ Memo Opposition to Motion for Judgment on the Pleadings (07/12/2017)
ORDER – Motion Denied (07/18/2017)

TRIAL and RELATED PROCEEDINGS

Parties' Contentions of Fact/Law and Trial Briefs

Defendant’s Memo of Contentions of Fact and Law (07/06/2017)
- Defendant’s Amended Memo (07/07/2017)
Plaintiffs’ Memo of Contentions of Fact and Law (07/09/2017)

Defendant’s Trial Brief (07/07/2017) #194
- Plaintiffs’ Objection to Defendants Trial Brief (07/07/2017)
Plaintiffs’ Trial Brief (07/14/2017)

Parties' Witness and Exhibit Lists

Joint Witness List (07/06/2017)
First Amended Joint Witness List (07/11/2017)
Second Amended Joint Witness List (07/17/2017)

Joint Exhibit List (07/06/2017)
First Amended Joint Exhibit List (07/17/2017)

Parties' Proposed Jury-Related

Joint Proposed Voir Dire Questions (07/07/2017)
Parties’ Joint Proposed Statement to be Read to Jury (07/06/2017)

Parties Proposed Jury Instructions (07/07/2017)
- Status Update re Disputed Jury Instructions (07/07/2017)
Joint Proposed Jury Instructions (07/27/2017)
- Agreed Upon and Nonobjected To
- Non-Agreed Upon and Objected To

Plaintiffs’ Proposed Jury Verdict Forms (07/07/2017)
Joint [Proposed] Verdict Forms (08/10/2017)

Final Pretrial Conference

Final Pretrial Conference held July 10, 2017; Minutes
- Discussion of Trial Procedures, Jury-related issues (more notes forthcoming)
- Defendants to file for judgment on pleadings and motion to strike certain claims (see Defendant’s Pretrial Motions as to certain of Plaintiffs’ Claims above)

Deposition Transcripts

Plaintiffs’ Notice of Lodging Deposition Transcripts (07/18/2017)
Plaintiffs’ Amended Notice of Lodging Deposition Transcripts (07/21/201)

Plaintiffs’ Objections to Defendant’s Deposition Designations (07/18/2017)

Jury Trial before Judge Dean D. Pregerson

Day 1: Tuesday, July 18, 2017; Minutes
- Jury selection (continued July 19)

Day 2: Wednesday, July 19, 2017; Minutes
- Jury selection, concluded
- Judge Pregerson’s Statement for the Jury
- Parties’ Opening Statements
- Plaintiffs’ Witness: LAYANA WHITE (direct examination; beginning cross-examination)

Day 3: Thursday, July 20, 2017; Minutes
- Plaintiffs’ Witness: LAYANA WHITE (cross-examination continued)

Day 4: Friday, July 21, 2017; Minutes
- Plaintiffs’ Witness: LAYANA WHITE (cross concluded; redirect; recross; 2nd redirect)
- Plaintiffs’ Witness: HALEY VIDECKIS (beginning direct examination)

Day 5: Monday, July 24, 2017; Minutes
- Plaintiffs’ Witness: HALEY VIDECKIS (direct concluded; beginning cross-examination)

Day 6: Tuesday, July 25, 2017; Minutes
- Plaintiffs’ Witness: HALEY VIDECKIS (cross concluded; redirect; recross)
- Plaintiffs’ (adverse) Witness: TABATHA JONES JOLIVET (direct examination; cross-examination)

Day 7: Wednesday, July 26, 2017; Minutes
- Proceedings as to two documents produced during discover [jury not present]
- Plaintiffs’ (adverse) Witness: TABATHA JONES JOLIVET (redirect; recross; 2nd redirect; 2nd recross)
- Plaintiffs’ (adverse) Witness: ADI CONLOGUE (direct examination; cross-examination; redirect; recross; 2nd redirect)
- Plaintiffs’ (adverse) Witness: KARISSA SCHERER (beginning direct examination, to be continued July 27)

Day 8: Thursday, July 27, 2017; Minutes
- Plaintiffs’ (adverse) Witness: TRISHA RANIEWICZ (direct examination; beginning cross-examination, to be continued July 28)
- Plaintiffs’ (adverse) Witness: KARISSA SCHERER (direct concluded from July 26; cross-examination; redirect; recross)

Day 9: Friday, July 28, 2017; Minutes
- Plaintiffs’ (adverse) Witness: ANDREW BENTON (direct examination; cross-examination)
- Plaintiffs’ (adverse) Witness: TRISHA RANIEWICZ (cross concluded from July 27; redirect)
- Plaintiffs’ (adverse) Witness: STEVE POTTS (direct examination; cross-examination; redirect; recross)
- Defendant’s Witness: KARINA HEROLD (beginning direct examination)

Day 10: Monday, July 31, 2017; Minutes
- Defendant’s Witness: KARINA HEROLD (direct examination concluded; cross-examination; redirect; recross)
- Plaintiffs’ (adverse) Witness: JORDAN SMITH (direct examination; cross-examination; redirect; recross)
- Plaintiffs’ (adverse) Witness: WHITNEY WILLIAMS (direct examination; cross-examination; redirect; recross)
- Plaintiffs’ (adverse) Witness: MALLORIE WINN (direct examination; cross-examination; redirect; recross)

Day 11: Tuesday, August 1, 2017; Minutes
- Plaintiffs’ (adverse) Witness: KRISTA PETTEPIER (direct examination; cross-examination; redirect)
- Plaintiffs’ (adverse) Witness: RYAN WEISENBERG (direct examination; cross-examination)

Day 12: Wednesday, August 2, 2017; Minutes
- Plaintiffs’ (adverse) Witness: RYAN WEISENBERG (redirec; recross; 2nd redirect)
- Defendant’s Witness: BRIAN BARRIO (direct examination; cross-examination; redirect)
- Plaintiffs’ (adverse) Witness: KELSEY BROCKWAY (direct examination; cross-examination; redirect)
- Plaintiffs’ (adverse) Witness: BRIA RICHARDSON (direct examination; beginning cross-examination)

Day 13: Thursday, August 3, 2017; Minutes
- Plaintiffs’ (adverse) Witness: BRIA RICHARDSON (cross concluded; redirect)
- Plaintiffs’ Witness: DR. ANTHONY EDWARD READING (direct examination; cross-examination)
- Plaintiffs’ (adverse) Witness: KEITRA WALLACE (direct examination; beginning cross-examination; redirect; recross)
- Defendant’s Witness: ALLIE GREEN (direct examination concluded; cross-examination; redirect)

Day 14: Monday, August 7, 2017; Minutes
- [witnesses here]

Day 15: Tuesday, August 8, 2017; Minutes
- [witnesses here]

Day 16: Wednesday, August 9, 2017; Minutes
- [witnesses here]

Parties' submissions following presentation of evidence

Defendants’ Motion for Entry of Judgment at Close of Plaintiffs’ Case (08/09/2017)
Plaintiffs’ Opposition (08/09/2017)

Joint Stipulations (08/10/2017)
- Introduction of Special Interrogatory Responses as Trial Exhibit
- On the Foundation of Evidence

CASE MANAGEMENT

Settlement Conference Order (04/08/2015); Conference Minutes (04/15/2015)

Scheduling Conference held March 10, 2016; Minutes
- Joint Rule 26(f) Report (03/03/2016)
Scheduling Order (03/10/2016)

Joint Stipulation to extend dates for discovery cut-off and to disclose expert witnesses (04/06/2017)
- Proposed Order (04/10/2017)
Order Granting Stipulation (04/13/2017)