Biediger et al v. Quinnipiac Univ

Filing 202

AFFIDAVIT re 181 MOTION for Attorney Fees Declaration of Kristen Galles in Support of Motion for Attorneys' Fees and Expenses Signed By Kristen Galles filed by Stephanie Biediger, Kristen Corinaldesi, Kayla Lawler, Erin Overdevest, Logan Riker, Robin Lamott Sparks. (Attachments: # 1 Exhibit Exhibits A - E, # 2 Certificate of Service)(Orleans, Jonathan)

Biediger et al v. Quinnipiac Univ

D

Doc. 202 Att.

ockets.Justia.com

B i e d i g e r v. Quinnipiac University

Date
03-05-2009

Description
T/C with Robin Sparks re QU announcement to cut women's VB; exchanged faxes & emails re info needed to assess case; reviewed faxes from coach; discussed same Several T/C with Sparks re QU cuts; reviewed notes, charts, & other materials from coach (1.2); pulled up OCR website info re QU; reviewed recent QU EADA reports; calculated participation gap (0.7); reviewed press/media re QU sports cuts; reviewed QU website for background info re cuts (0.3); reviewed QU school background & demo (0.4); organized appropriate Title IX info; prep memo corresp to assess QU situation (2.0) Reviewed numerous docs from coach re QU issues; reviewed & discussed budget issues & how that creates treatment disparities (1.1) Reviewed QU rosters & compared info to QU EADA reports; analyzed & summarized data; calculated roster gaps; prepared EADA & roster participation gap charts (3.5); researched NCAA info re minimum Division I sport requirements (0.4); T/C with coach; reviewed treatment disparity memo; discussion re meeting with administrator and materials from administrator (0.6); reviewed QU cheer website and cheer materials; reviewed info & links re QU competitions (1.2)

Time
2.2

03-06-2009

4.6

03-07-2009

6.8

03-08-2009

T/C & emails with coach; exchanged info re various disparities; provided questions re additional data needed; reviewed info sent back; reviewed coach contract materials (1.8); reviewed QU men's track cuts; reviewed QU running team website in detail; reviewed rosters & schedules for men & women; reviewed competition stats & results; analyzed events in which QU competed; summarized how cutting men's outdoor track actually cut no men's opps (3.4) Collected damages data from some athletes; TC and/or email re same; prep specific questions re same; research re same (2.3)

7.5

1

Monday 03-09-2009

Several T/C & emails with coach; reviewed more docs from coach; reviewed QU roster management charts & squad size proposals (1.1); researched & reviewed NCAA data re average squad sizes; compare QU to NCAA data; prep chart re same (1.4); T/C re NCAA Div I min requirements (0.3); discussions & emails with Title IX roundtable re QU issues & possible claims (0.6); T/C from VB parents (0.2); more research re how QU runs track program as extension of XC program; researched other NEC school track programs; reviewed their rosters, schedules, stats, etc; prepared comparative analysis of QU track to NEC track (4.0); reviewed & commented on coach ltr to QU requesting EADA reports; corresp explaining EADA legal requirements; gather EADA info as encl (1.4) T/C & emails with coach; review materials from VB players; review background info on VB players (1.0); prep detailed questionnaires for players to fill out re background, problems at QU, & damages (1.2); review & discuss info re roster manipulations (0.3); prepared time line of events during Sparks recruitment & employment (0.5); reviewed NEC website; researched NEC membership requirements & sports sanctioned by NEC; researched sports offered by NEC schools; researched other Conn Div I schools re same; pre summary chart (2.5); researched NFHS data; reviewed high school athletic association sport sponsorship & participation data; research CIAC & sport participation levels in Connecticut; researched participation data from New England state high schools; prep charts re same (2.5); prepared memo explaining why law could force QU to reinstate women's program but not men's program (0.6); T/C re info from golf coach; T/C re info from running coach (0.2) Research re issues arising from VB promises made to coach and to individual athletes; corresp with athletes re promises (1.5); researched how to obtain archival EADA data from OCR website; gathered, analyzed, and summarized same (1.8); researched info re QU move from Div II to Div I; reviewed impact on TRO, harm, & choice of big time MBB/IH vs equity (1.5) Reviewed damages responses from some VB players (0.3); T/C re SB squad numbers and treatment issues (0.2); reviewed info re running coach requests to sponsor full track program... not just XC runners (0.2); several T/C & emails with coach re info gathering (0.5)

8.7

03-10-2009

8.8

03-11-2009

6.0

2

03-12-2009

Several T/C & emails with coach re info collection; reviewed info re promises made to coach re continuance of VB team; reviewed info & memo re meal disparities; reviewed info re asst VB coach issues & lack thereof; reviewed NEC team website to determine staffing at other conference schools; prep analysis of same Reviewed damages info from VB players; reviewed faxed docs from coach (1.3); reviewed scholarship data; calculate scholarship disparities & damages; prep charts re same (1.5); T/C ACLU WLP re QU issues (0.5) Reviewed info re QU budgets & spending; summarized info to compare to VB costs to show keeping VB would not be hardship for TRO; reviewed info re QU facilities building spree for BB & IH; reviewed info re administrator salaries; reviewed IRS & guidestar info re QU - all related to TRO & hardship issues (2.5); research re TRO issues & standards; prep memo to clients re requirements to obtain TRO; list additional info needs to fill req and to address anticipated defenses (3.5); organized materials/info by claim; organized to prep for complaint; outline claims (3.7) Prep draft demand ltr to QU; corresp with clients re same (0.7) ; prep complaint draft (2.4) Emails with coach; prep list to fill in complaint holes (0.5); T/C coach re retaliation issues - loss of office & spring practice space; discuss strategy (0.3); reviewed corresp from VB parent; reviewed info re recruit problems due to VB cut (0.3) Conf call with ACLU re QU issues; sent draft complaint & draft demand ltr to ACLU (1.2); prep legal memo re cheer issues & OCR standards for cheer; corresp re same; explain to clients (2.5); reviewed long QU self-study for NCAA Div I certification; compared gender equity portions to EADA & roster management charts; outlined historical compliance problems (1.6)

2.1

03-13-2009

3.3

Monday 03-16-2009

9.7

03-17-2009 03-18-2009

3.1 6.4

3

03-19-2009

Long T/C & emails with coach re case issues (1.2); corresp with clients re ACLU meeting (0.2); reviewed info re cheer (0.2); reviewed more info re athletic budget issues; detailed review of VB expenses to address hardship (0.5); reviewed fax re QU budgets & extravagant spending (0.3); prep memo explaining admissible evidence & need for additional info for TRO (1.1); reviewed coach employment info; reviewed info & background for employment claim; discussed with coach (1.2) T/C coach; reviewed draft ltr to AD re VB spring training needs; commented on same T/C & emails with coach re discussions with AD & asst AD; Emails with VB player (0.8); reviewed corresp from P&C; prepared detailed response att info re Title IX; gathered & corresp encl briefs from other Title IX cases (0.7); research re TRO/prelim injunction standards in Conn & 2nd Cir courts; outline elements re same (3.2) Reviewed info re SB issues & rosters; T/C & emails with coach Conf call with ACLU re QU case; explained legal & factual issues; prep for same (1.5); organized & summarized recent participation data; put into evidentiary chart with gap explanations (2.3); revised demand ltr; discussed same (0.4) Reviewed corresp & questions from ACLU & Orleans; responded to same; sent info on Title IX (0.4); T/C with coach re status and Conn counsel issues (0.2); prep corresp explaining standing issues (0.4); discussion re coach claims (0.2); discussions re co-counsel arrangements & coach claims; gathered info explaining basis for Title IX employment claims; updated research re same; forwarded same (2.3)

4.7

03-20-2009 Monday 03-23-2009

0.6 4.7

03-24-2009 03-25-2009

0.3 4.2

03-26-2009

3.5

4

03-27-2009

More research re TRO standards in Conn & 2nd Cir (1.4) Corresp explaining TRO legal standards (0.7); Emails & T/C re demand ltr; reviewed & revised draft (0.5); Prep memo & corresp explaining track triple counting; research, prep, organize, & forward supporting info (1.3) Prep memo explaining cheer issues; organize & attach OCR statements on cheer & OCR factors; detailed discussion re cheer is not a sport (1.6); T/C explaining U Maryland history & issues re cheer; put in context of QU case (0.3); emails re NCAA emerging sports info; gathered, organized, & forwarded info re emerging sports & cheer; explain NGB issues (0.9)

6.7

Monday 03-30-2009 03-31-2009

Reviewed Chron HigherEd info re huge QU administration salaries, esp president; corresp re same & relationship to TRO standards T/C & emails re continuing retaliation issues (0.6); T/C with track personnel re how colleges run track programs, indoor/outdoor track (0.5); review, print, & organize QU materials re track & send to track personnel for review (1.8) Emails with clients & counsel re demand ltr & next steps (0.3); emails re VB recruits & recruiting issues after team cut; corresp re recruits who want to join suit; discuss background re same (0.7); TC with prospective experts; TC others to get handle on possible experts (1.7) Conf call with client, ACLU, & counsel; prepared for same to explain issues & law (2.5); Reviewed new decision re 3prong test, summarized same for clients (0.7); T/C & emails re asst coach issues (0.2) TC Orleans; TC Sparks; (0.5); Reviewed corresp from coach; responded to same (0.2); emails re organizing client meeting & info needed for same (0.2); T/C re recruit issues; emails explaining under age issues & need for parental involvement (0.4); emails re asst coach issues; reviewed materials re same (0.4); T/C & emails re co-counsel arrangements; prep draft retainers; prep legal review encl; circulate among co-counsel for comment (1.6); prep detailed questionnaire for VB clients; circulate among co-counsel for comment (1.2)

0.2 2.9

04-01-2009

2.7

04-02-2009

3.4

04-03-2009

4.5

5

04-04-2009

Revised retainer; re-circulated same (0.7); revised detailed questionnaire for VB clients (0.7); numerous T/C & emails re Sunday meeting with clients (0.6); organized materials; prepared for client meeting (3.0) Travel to Conn (4.4); mtg with Sparks & then Orleans (1.7); tour athletic areas of QU (0.6); meeting with plaintiffs (2.0); follow up discussions with Orleans & Sparks (0.2); return travel from Conn (4.7) T/C & emails with clients & counsel re meeting follow up & questionnaires; corresp with clients who could not attend mtg T/C & emails with ACLU re case issues (0.2); T/C & emails with clients re questionnaires & add'l info needed for TRO (0.2); T/C & emails with Cohen counsel to obtain TRO pldgs from Cohen v. Brown (0.2) T/C & emails with co-counsel re TRO strategy (0.3); prepared draft complaint; circulated same (2.2) Reviewed Cohen v Brown pldgs & marked portions relevant to QU case; updated research therein; outlined draft pldgs (3.3); emails re draft complaint; revised same (1.2) Emails with co-counsel & clients; edits to draft complaint and to draft TRO motion & supporting docs Emails with dif VB players; review questionnaires from players (0.4); T/C with clients & counsel (0.4); Reviewed & revised TRO papers & bond waiver papers (1.0) TC & emails with clients re TRO papers; emails re retainer; Emails & TC re setting conf call with counsel (0.6); edits & corresp re draft complaint; numerous TC & emails re same (2.0); discussions re claims & strategic issues; explanation of coach claims (0.5); TC & emails with Title IX roundtable attys re complaint & TRO draft papers (0.8) Research re competition available within NEC, NCAA, & New England Div I schools; research re sports offered in high schools in Conn, New England, & other states with QU students; summarize & chart same (2.4) 6

5.0

04-05-2009

4.5 9.1 0.6 0.6

Monday 04-06-2009 04-07-2009

04-08-2009 04-09-2009

2.5 4.5

04-11-2009 Monday 04-13-2009 04-14-2009

1.8 1.8

6.3

04-15-2009

Review QU response to demand ltr; discuss with counsel & clients (0.6); research re "promise" to comply rather than actual compliance; discuss same with roundtable (1.3); TC WSF re participation issues (0.1); reviewed, organized, & forwarded benefits of sports participation research & explained importance to damages issues (1.5) More edits & corresp re complaint & TRO papers (1.6); reviewed questionnaires from clients (0.3); emails with clients on filing facts (0.3); TC with counsel for mtg prep (0.2); TC with roundtable to hash out final legal issues (0.5); conference call re final issues to iron out before filing; prep & organize for same (1.3)

7.2

04-16-2009

Finalized COMPLAINT; FILED Finalized MOTION for TRO; FILED Discussion re minor plaintiff, use of parent as plaintiff, & need to seal docs re minor (0.3); reviewed & commented on final versions of pleadings (0.6); reviewed revised QU response to demand ltr; discussed same with clients & counsel; reviewed new participation "promises" (0.7); TC re NEC issues (0.2); TC AVCA re VB issues (0.4); research re assigned judge (0.5); TC to strategize re TRO hrg (0.5)

3.2

04-17-2009

Reviewed numerous orders & other info issued by court following filing of complaint (0.2); reviewed QU TRO responsive pldgs fwd in advance of hrg; marked up same; discussed same (0.8); T/C re TRO hearing, discovery limitations going forwards, document needs, & other issues going forward (0.3); prep draft discovery (0.6) Emails re discovery outlines Drafted, reviewed, edited discovery requests; gathered discovery in similar cases to show breadth; emails & discussions re same (2.4); TC with track coach re track issues (0.3); Emails with clients (0.2); TC NCAA compliance officer re NCAA docs that could show participation info; reviewed NCAA website forms re participation; incorporate into discovery (1.4)

1.9

04-19-2009 Monday 04-20-2009

0.1 4.3

7

04-21-2009

OPPOSITION materials filed; reviewed same & compared to prelim materials (0.6); Discussed QU discovery objections; gathered past discovery materials to rebut; provided detailed response to many objections; gathered OCR materials re what OCR demands as part of Title IX investigation; compared OCR discovery demands to ours; strategy conf re how to rebut (1.5) Reviewed cheer & dance/kick team materials; emails re same (0.4); emails with clients re discovery (0.1); discussions re softball equity issues (0.2); TC with potential experts (0.8); TC AVCA re volleyball issues & participation (0.4); Reviewed OCR, NCAA, & NFHS materials re definition of sport; analyze criteria as applied to this case; outlined evidentiary issues (2.7)

8.2

04-22-2009

Emails re VB facility problems (0.1); TC & emails with potential witnesses (0.3); TC Lopiano re expert issues; discuss same with co-counsel (0.6); reviewed Slippery Rock & West Chester Title IX participation cases; note evidence & discovery issues; TC plaintiff counsel re similar issues (1.0) Discussions re NCAA & cheer; reviewed NCAA CWA materials re cheer; T/C NCAA re cheer; TC with potential cheer experts; conf call with people knowledgeable re cheer (2.7); Reviewed QU press materials & interview with Pres Lahey; note cross exam issues (0.2); discussions/ emails re scheduling & strategy issues (0.2) Reviewed QU responses to doc requests (or lack of responses); outlined discovery violations and responses thereto (1.0); Conf call with AY re NCAA issues pertinent to case (1.5); research re Div I minimum sport requirements & min requirements for each sport (0.7); gathered & explained EADA vs various NCAA participation forms as part of discovery dispute to show dif sources of participation info & need for them (0.7)

8.9

8

04-23-2009

Researched prior Lopiano reports in participation cases; prepared notes re same (2.1); conf call re discovery problems & how to proceed (0.7); prep for same (0.5); T/C & emails with clients re discovery & evidentiary issues (0.6) T/C former NCAA personnel re NCAA issues, cheer, & emerging sports (0.8); reviewed NCAA manual; TC to learn important rules applicable to case (1.6); TC various experts; organize & exchange info with same (1.4); TC Lopiano re scheduling & EADA issues (0.3); TC re Maryland cheer issues & background; review Maryland cheer materials (1.6) Researched & summarized OCR discovery demands & Title IX regs & policy that support our policy, procedure, nondiscrim, etc. discovery demands (1.4); TC & corresp re Dept Ed Cert of Assurance re Title IX compliance; explain relevance to discovery (0.2); researched & FWD EADA regs re school obligation to turn over participation info independent of litigation (0.4); prep pro hac vice mtn & declaration (0.4)

3.9

4.7

2.4

04-24-2009

Numerous emails & TC with clients (0.9); Revised pro hac docs (0.1); TC & emails with track personnel re indoor vs outdoor vs XC track issues; review NCAA rules tying all running sports together (2.2) Reviewed NCAA gender equity guide; noted pertinent portions for case; discussed in detail with expert (2.0); Worked with expert to prep EADA history & other charts, including participation data for all teams for each year & calculation of gap; worked with expert on disclosures (4.5); Corresp explaining expert issues & status (0.5)

3.2

7.0

04-25-2009

Prep expert disclosures; discuss again with expert; circulate to co-counsel (1.4); reviewed QU doc disclosures; prep summary list (2.2); TC Greg Webb (0.2)

3.8

9

04-26-2009

Reviewed materials re history of certain NCAA rules and NCAA sport min req; summarized how it relates to QU & need to add sports; discussed with expert (1.3); Emails & TC with coach (0.3); reviewed different QU participation charts with dif numbers; provided same to expert for review & comment; analyzed same (0.8); reviewed QU rosters & team websites; printed out, organized & calculated participation data; compared to QU claims; fwd to expert Corresp & TC re discovery & scheduling disputes (0.7); TC re expert witness disclosure (0.2); final edits to expert disclosure (0.2); corresp with cheer personnel (0.2); Research re EADA regs, definitions, and counting guidance; explain importance to case; researched varsity sport & participant definitions - Title IX vs EADA vs NCAA; (1.6); Reviewed OCR archival materials re EADA participation numbers; work with expert to update data summaries & gaps (3.0) Researched competition date issues - NCAA & EADA definitions & issues; review NCAA rules re separate seasons for various sports; discussed with expert (1.6)

4.6

Monday 04-27-2009

1.3

4.6

1.6 1.2

04-28-2009

Conf call with athletes re upcoming hrg (0.5); TC cheer expert (0.2); Ongoing dispute re discovery issues with defense (0.3); Corresp with court re pro hac admission & signing up for filing & ECF (0.2) Reviewed archival materials from NCAA re CWA, emerging sports, & other issues (1.4); reviewed QU doc requests to plaintiffs; reviewed & commented on draft responses to doc requests (0.8); reviewed GAO info re disparities between participation data reported to Dept of ED vs NCAA; fwd with explanation of need for NCAA info because it likely will differ from info reported to ED (0.4); Worked with expert to identify documents relied upon; gathered & organized same for disclosure (1.0); sorted through defense docs to find any relevant for expert (2.0)

5.6

10

04-29-2009

Reviewed QU consultant's Title IX writings; discussed with expert (2.3); emails with client (0.4); emails re scheduling issues (0.2); reviewed public statements made by QU relevant to case (0.1); ongoing disputes re discovery; strategy with counsel re discovery & disclosure issues (0.7) Reviewed NCAA gender equity report & compared findings to status at QU (1.3); prep draft expert doc disclosure ltr (0.2); TC Lopiano re scheduling issues (0.1); researched/gathered/organized OCR promulgations re cheer; summarize & share with counsel & clients; fwd to defense as part of disclosures (0.7); Reviewed info re Maryland cheer schedule & re CheerSport (0.3); TC Greg Webb (0.2); TC college cheer coach (0.6) Reviewed info re changes in athlete rosters; reviewed info showing disparities between disclosures & rosters & participation reports; discuss same with coach (0.7)

3.7

3.4

0.7

04-30-2009

Reviewed part of QU doc disclosure (1.0); ongoing discovery & disclosure dispute discussions & corresp (0.7); conf call with counsel & client (0.6); Discussions re QU disclosure (0.2) Worked with expert to prep charts comparing many dif roster numbers for QU teams; fwd to defense for disclosure (1.5); reviewed various QU roster numbers & compared to chart in response to demand ltr; discussed with expert (0.5); reviewed QU athletic manual & roster management goals; fwd to expert for analysis (0.4); reviewed NCAA squad sizes & compared to QU sizes; worked with expert to analzye (0.7); Discussions with cheer personnel & willingness to serve as experts (0.6); TC OCR re cheer issues (0.3); Researched Maryland, Fairmount, & other cheer schedules & competition (0.8); Prep add'l questions for QU depos; discuss same (1.0)

2.5

3.1

2.7

11

05-01-2009

Ongoing discovery issues & disputes (0.5); conf call re depo issues (0.5); organize materials for Lopiano depo (1.2); TC various cheer personnel (0.6); TC Mangel re how OCR cheer ltrs came about & meaning of factors; prep for same (1.2); TC Jeff Webb (0.2); reviewed Jeff Webb articles (0.2) TC & emails with OCR person who wrote Minn ltr on cheer (1.5) Travel to Conn for de bene esse depo of Lopiano

5.9

6.2 14.2

05-02-2009

Organize materials for Lopiano depo; prep Lopiano depo outline; meeting & prep of expert witness; worked with expert to update charts based upon newly disclosed info; revised depo outline in accordance with mtg; organize exhibits; disclosure/ discovery exchanges; reviewed newly disclosed QU enrollment info Prep expert for telephonic expert report; finalize updated charts (5.2); defend expert in telephonic expert report/depo by Gambardella; follow up issues (1.7); prep direct exam for expert db depo; finalize exhibits for same; conf with counsel re strategy; prep for hearing (4.4) TC & emails re track situation (0.3); TC & emails with various cheer personnel (1.1); TC cheer association (0.2); TC & emails with client (0.3) Ongoing discovery & disclosure issues & disputes (0.4); TC & emails re VB floor issues & BB arena & costs to add VB equipment or to provide separate VB flooring (0.3); Reviewed pretrial order requirements; discussed same with counsel re what to include; reviewed court memo (0.5) Prep direct exam outline & exhibits; discuss with expert; detailed review of expert charts & comparisons; develop questions for same; compared NEC, NCAA, & QU participation data; circulate exam outline to counsel for input Discussions re QU plan to oppose Lopiano as expert; researched same & gathered prior case info on admissibility of Lopiano testimony; outlined opposition for MIL; reviewed NCAA gender equity manual & report to use as basis for reasonable administrator testimony if QU MIL prevails; outline questions accordingly; reviewed depos of AD & SWA; marked points relevant to expert; fwd & discussed same 12

05-03-2009

5.2 1.7 4.4 3.1

Monday 05-04-2009

10.5

05-05-2009

Prep for Lopiano depo; revised outline; organized exhibits; Lopiano db depo/direct exam; ongoing discovery & disclosure battles; discussed exam with counsel; pretrial prep; discussed proposed findings of fact & conclusions of law with counsel Follow up discussion with counsel re Lopiano & trial issues (0.5); revisions to exhibit list, witness list, trial memo, & proposed findings; discussions re same (1.6); discussions re QU late attempts to add expert; emails re same (0.3) Travel from Conn

15.7

05-06-2009

2.4

7.7 9.3

05-07-2009

QU MOTION TO PRECLUDE LOPIANO TESTIMONY FILED Reviewed mtn & discussed strategy re same (0.6) QU MOTION TO DISMISS OVERDEVEST & Reviewed mtn & discussed strategy same to combat motion to dismiss; Overdevest has standing; outlined SPARKS as PLAINTIFFS FILED re same; research re coach claims; outline researched & gathered info re why same; discussed with clients (2.6)

PRETRIAL MEMO FILED TC re pretrial conference issues; ongoing discovery & disclosure disputes; back & forth of pretrial order; reviewed draft proposed findings of fact; reviewed new doc disclosures re budgets; battled inadequacy of same; discussions re supp witness & re mtn to compel (1.8); more detailed review of AD & SWA depos; notes re same (1.2); corresp re Lopiano depo (0.1); outlined & started trial brief (3.0) 05-08-2009 Conf re trial issues (0.3); TC re witnesses (0.2); review defense emails (0.1); ongoing disclosure disputes; discussion re mtn to compel (0.6) More detailed review of QU mtn to preclude Lopiano testimony; gathered info re prior Lopiano testimony & admissibility; update research re same (2.0); reviewed Lopiano db depo; notes & highlights re same (2.0); worked on trial brief (2.5) 1.2

6.5

13

05-09-2010

Ongoing disclosure disputes; dispute with defense re standing issues; disputes re witnesses; disputes re exhibits (0.5); background research re new QU coach witnesses (0.7); TC & emails with clients (0.4); reviewed Lopiano testimony to insert in trial brief (1.3); worked on trial brief (2.5) Travel to Conn (7.0)

5.4

7.0 14.3

05-10-2010

Strategy discussions re prelim inj hearing; meeting with clients; reviewed docs re roster manipulation & drop/add; devise questions re same; helped counsel prep for hearing; devised questions for witnesses; worked on trial brief through night PRELIMINARY INJUNCTION HEARING Preparation for same; strategy session afterwards; reviewed court entries; revised proposed findings PRELIMINARY INJUNCTION HEARING Strategy session after hearing; helped prep for next day; mtg with clients; worked on trial brief PRELIMINARY INJUNCTION HEARING Strategy session after hrg; helped prep for next day; worked on trial briefing; reviewed expert record/testimony; worked on designation of expert testimony; TC Lopiano Worked on trial brief; reviewed expert record/testimony; worked on designation of expert testimony; discussed strategy re same; reviewed QU mtn to strike testimony; reviewed exhibit lists to make sure all expert docs were covered Travel from Conn

Monday 05-11-2009 05-12-2009

12.3

10.2

05-13-2009

11.2

05-14-2009

4.7

6.8 1.6 2.2

05-15-2009 Monday 05-18-2009

Reviewed final briefing; reviewed QU trial brief; reviewed QU proposed findings of fact & conclusions of law; discussed same with counsel; Reviewed/edited proposed findings of fact & conclusions of law; hearing follow-up & organization to insure all items filed with court; emails with clients & witnesses re hearing 14

05-19-2009 05-21-2009 05-22-2009

Finalized proposed findings of fact/conclusions of law with co-counsel Emails re scheduling issues; TC Sparks Reviewed order & opinion granting preliminary injunction; discussed with counsel; explained same to clients; TC Lopiano re issues in same (1.6); conf with Title IX roundtable re PI opinion & what needs to be addressed going forward Emails/TC roundtable re outstanding issues; conf call cheer personnel re addressing cheer issues in decision; emails/TC/research re availability of fees after PI; review QU statements re hearing TC re OCR issues relevant to case; TC & emails re settlement status & referral; corresp expert; emails from clients Conf re softball treatment issues & retaliation concerns (0.2); discussions re settlement possibilities (0.4) TC & emails re QU staff mtg, QU comments on decision, & retaliation issues; reviewed roster materials from coach Reviewed court order; discuss settlement options; corresp with clients re same Corresp court re conf; conf with counsel re scheduling issues & info needs for settlement conf; emails with clients Emails re counting issues and info needed to assess same before mediation; reviewed info from client; reviewed court notices Squad & budget info disputes with defense; emails re scheduling issues; discussions re motion to dismiss hearing dates Corresp re depo bills

0.5 0.3 2.1

05-26-2009

2.4

Tuesday 06-02-2009 06-03-2009 06-04-2009 06-10-2009 06-15-2009 06-16-2009 06-18-2009 06-23-2009

0.6 0.6 0.4 0.3 0.5 0.4 0.3 0.1

15

06-24-2009

Reviewed court order; reviewed defense emails; discussion re defense demand for P settlement position (0.4); emails re contract, retaliation, & counting issues; conf with client re mediation (0.3); reviewed athletic advisory council info (0.3) TC with client; emails re mediation issues TC re outcome of client conf call Conf call with DoJ re QU; prep & organize materials re QU evidence & issues for DoJ; fwd same Emails & TC with DoJ re QU issues Emails & TC re mediation disputes (0.3) TC client re contract issues; follow up research on Title IX emp claims; corresp re same (2.3) Ongoing disputes re info needed for mediation & scheduling; discuss strategic way to respond Reviewed/commented on draft settlement demands; discussions re same; Reviewed defense corresp to court; discussed response re same Follow up conf re QU ltr and court call Reviewed corresp to court; TC & email re extension Reviewed court corresp; discussed mediation & mtn to dismiss Discussions with DoJ; organized more info re fact & law issues in case; corresp re same; conf with counsel re DoJ TC DoJ re QU mtn to dismiss (0.2); conf call re what kind of mediation statement to provide mediator; strategies re same(0.8); review defense corresp & discuss same (0.1)

1.0

06-25-2009 Monday 06-29-2009 06-30-2009 07-01-2009 Monday 07-06-2009 07-07-2009 07-08-2009 07-10-2009 Monday 07-13-2009 07-15-2009 07-16-2009 07-17-2009 Monday 07-20-2009

0.2 0.2 3.4 0.7 2.6

0.4 0.3 0.2 0.2 0.2 0.3 2.5 1.1

16

07-22-2009

Reviewed info re QU trustees & lack of women; reviewed info re other recent cases v QU (0.4); reviewed/commented on mediation statement; final discussions re same before filing (0.4) Reviewed/commented on draft opp to QU mtn to dismiss; emails re same; provided research on associational discrimination (1.3); reviewed new QU roster management info; compared to prior participation promises & charts; emails re coach responses (0.6) Final comments on opposition to QU motion to dismiss; conf to prep for mediation Follow up call re mediation (0.2); reviewed roster info (0.1) Reviewed QU filing; emails Discussions re retaliation issues & QU use of defense counsel for staff workshop (0.2); review/emails re mtn to dismiss vs SJ standards for QU motion (0.3); reviewed/discussed QU emails re withdrawal of Sparks motion to dismiss(0.2) Discussions re QU facilities problems Reviewed/commented on draft Rule 26f report (0.5); discussions re class cert motion; provided outline & pldgs to prep motion; research re class definitions from other Title IX cases; fwd same (1.2) Numerous discussions & emails re Rule 26f report Emails & discussions re Rule 26f report Discussions with DoJ re QU issues Discussions re new defense counsel; research re experience of new counsel in Title IX or discrimination matters

0.8

07-23-2009

1.9

07-24-2009 Monday 07-27-2009 08-05-2009 08-13-2009

0.8 0.3 0.1 0.7

Monday 08-17-2009 08-19-2009

0.1 1.7

08-20-2009 08-21-2009 Monday 08-24-2009 08-25-2009

0.3 0.2 0.2 0.7

17

08-26-2009 08-27-2009 Tuesday 09-01-2009 09-02-2009 09-03-2009

Emails & discussions re new track coach & new track issues; reviewed detailed info from client re rosters & treatment issues Discussions & emails re scheduling issues with defense Emails re status Conf call with clients re status & strategy (1.0); TC DoJ (0.2) Comments on 26f report & scheduling issues (0.4); TC/emails re retaliation & roster management issues (0.2); reviewed QU doc pro; created list summarizing each (1.5) Reviewed research materials re few walk-ons at Division I level; notes re impact on counting; fwd same (0.2); reviewed info re new QU enrollment and geographic source of students; reviewed sports played in dominant states (0.6); TC & emails with client (0.1) Detailed review of scholarship & EADA docs; calculation of gaps; reviewed team scholarship levels; outlined basis for scholarship claim; corresp re same explaining basis for claim (1.4); reviewed QU doc pro; created list summarizing each (1.5) Reviewed roster management materials; retaliation & treatment issues (0.6); roster materials for new school year; prepared chart showing discrepancies; assisted reviewed compared reviewed coach with reply; TC/emails re QU athletics website; reviewed to QU participation promises; QU fall 2009 data report (2.5)

0.3 0.2 0.1 1.2 2.1

09-04-2009

1.0

09-05-2009

2.9

Monday 09-07-2009

3.1

09-08-2009 09-09-2009 09-10-2009

Long mtg with DoJ personnel re QU case (2.4); emails re DoJ mtg & roster issues (0.2); travel to/from mtg (1.6); Reviewed Sparks testimony transcript; noted issues for trial; gathered & organized follow up materials for DoJ Reviewed roster issues (0.3); reviewed AD emails to coaches (0.4); conf call with Sparks (1.0); reviewed/commented on draft scheduling report; emails & TC re same (0.2) 18

2.6 1.6 1.5 1.9

09-11-2009 Monday 09-14-2009 09-16-2009 09-17-2009

Follow up with DoJ re employment issues in case (0.2); TC VB participation issues (0.1) TC Sparks re roster issues (0.1); reviewed 2009-2010 athletic handbook & participation info (0.4) Ongoing review/comment on Rule 26f report & scheduling; discussion re court notice Reviewed QU president's comments in press re case; discussed same with client (0.2); reviewed QU sports APR scores released by NCAA (0.3); reviewed court notice/order; reviewed final Rule 26f report (0.2) Reviewed info re Maryland/QU cheer coaches mtg; TC looking into same (0.4) Emails re VB & SB roster issues (0.1); status & strategy conference (0.3) Emails re VB roster issues & treatment/publicity of VB team problems (0.2); TC re coach treatment/ disparity issues (0.1) Reviewed lists/materials of treatment & coach disparity; unequal treatment issues; TC re same (0.3; reviewed QU president comments to press re cutting VB (0.1) Emails re scheduling conf with court; emails with client; TC re intimidation of coaches Reviewed updated QU cheer info; reviewed materials from Maryland/QU coaches cheer summit TC & emails re amending complaint (0.2) Reviewed info from clients; notes re mtg with administration (0.2) Reviewed QU ltr to court with new proposed schedule; noted problems with proposal; email re same Prep for scheduling conference; emails re same

0.3 0.5 0.3 0.7

09-18-2009 09-22-2009 09-24-2009 09-30-2009

0.4 0.4 0.3 0.4

10-02-2009 10-07-2009 10-15-2009 10-16-2009 10-20-2009 10-21-2009

0.3 0.2 0.2 0.2 0.3 0.4

19

10-22-2009

Scheduling conf with court (1.0); follow up discussions re schedule problems/issues (0.3); discussions re discovery & evidence needs (0.4); prep memo re doc needs compared to when sports & other things happen, making scheduling impossible (0.7) Reviewed scheduling order; follow up emails re conflicts with discovery needs, sports seasons, & graduation; discussed with client Ongoing scheduling discussions (0.2); reviewed court order & defense letter re Rule 25f report (0.2); prep draft discovery requests; circulated same (2.5); prep for DoJ conference (1.3); long conf with DoJ re status and scheduling (1.1) Revised requests for admissions (0.6); prep memo re DoJ issues (0.4); ongoing scheduling conflict (0.2); TC with various track personnel re how QU operates track; discussions with consulting expert (0.8) Revised requests for admissions; researched; gathered info to attach/adopt/authenticate as exhibits; researched NEC & NFHS participation info for admissions (2.0); ongoing scheduling & discovery disputes; research re due process impact of scheduling; conf call re whether to file motion (1.4); detailed review of EADA info; list missing data & pages; corresp re problems with production (1.2); prep draft doc requests (3.0) Revised draft doc requests; reorganized same (2.3) Discussions re status scheduling issues Emails re discovery & scheduling issues Extensive discussions re scheduling problems with reality of sports seasons & need for participation docs not created yet Ongoing sched & discovery disputes; rebuttal re QU objections to jury trial Meet & confer disputes; strategy discussion re filing motion to continue trial schedule; emails re outstanding issues

2.4

10-24-2009 10-27-2009

0.2 5.3

10-28-2009

2.0

10-29-2009

7.6

10-30-2009 Monday 11-02-2009 11-03-2009 11-04-2009 11-06-2009 11-08-2009

2.3 0.1 0.1 0.5 0.2 0.5

20

Monday 11-09-2009

Conf call re outstanding issues & jury vs bench trial & injunctive relief vs damages issues (1.0); prep mtn for continuance of trial & brief iso same re scheduling issues; researched/gathered supporting info (3.3); research schools & prep charts re which schools offer which sports & schedules re same; compare to QU (2.4) Revised trial mtn; circulated same for comment (1.1) Conf call re Title IX staff mtg & aftermath with JJ; draft corresp re retaliation, intimidation, & ethical issues (0.3); revised trial mtn; circulated same; emails & TC re same; prep exhibits (2.5) Edits re trial motion; review defense emails (0.5); emails re JJ (0.2) Reviewed QU opp to trial schedule mtn; prep for court conference re same (1.0); reviewed notes re retaliation issues & staff meeting encounter; TC client re same (0.3) Prep outline for court conf; circulate issues re same (0.7); court conf re scheduling & discovery disputes; argued motion; follow up discussion with counsel (0.7); TC Mangel re cheer issues; review materials re same (0.6) Email clients re new schedule & re amending complaint & need for add'l info (0.4); doc research re amendment issues; outline amended complaint (4.3); reviewed QU Title IX materials & presentation; discussed with client (0.5) Emails re status & amending complaint Edits to 2nd doc requests; worked on amended complaint; doc review on treatment issues Reviewed athlete info re treatment issues; conf call re treatment issues; incorporate into amended complaint (3.2); TC DoJ (0.1); conf call re discovery issues (0.2); review info re QU cheer exhibition (0.1) Worked on amended complaint; research re standing issues; research re updating class definition issues for complaint; research scholarship issues & disparities (4.0); conf call with athletes re am complaint & claims issues (1.2); prep for same; emails with Sparks (1.0) 21

6.7

11-10-2009 11-11-2009

1.1 2.8

11-12-2009 11-18-2009

0.7 1.3

11-19-2009

2.0

11-20-2009

5.2

11-24-2009 12-01-2009 12-02-2009

0.1 3.5 3.6

12-03-2009

6.2

12-04-2009

Reviewed retaliation info; strategy discussions re breadth of retaliation claim; updated & fwd retaliation research (2.0); worked on amended complaint; research & discussions re whether to add tort fraudulent misrep claims; refine class definition aspects of complaint; refine class allegations (4.5); reviewed info re QU cheer event; reviewed roster info (0.3) Worked on amended complaint; corresp with clients re draft; research re possible tort fraudulent misrep & other claims Revised/edited amended complaint; strategy session with counsel re same; emails with clients to fill in info; draft possible tort claims Revised/edited amended complaint; discussions re scheduling & extension; TC clients; TC outside counsel Worked on amended complaint; discussions re possible new plaintiffs from prospective students; circulated amended complaint to clients for review/comment Finalized amended complaint; conf call re same; gathered exhibits; reviewed/ incorp client comments; strategy session whether to take out tort claims TC re track issues; Emails re discovery strategy TC re scheduling/consent motion Updated requests for admissions; circulated same Finalized requests for admissions; corresp re same (1.0); TC OCR personnel re cheer & track issues (0.8) TC potential cheer experts; emails re same Reviewed info re track from trackconsultant; TC track expert

6.8

12-05-2009 12-06-2009 12-07-2009 12-08-2009

4.2 6.4 3.5 3.5

12-09-2009 12-11-2009 12-14-2009 12-15-2009 12-17-2009 12-18-2009 12-28-2009

3.7 0.2 0.1 0.7 1.8 0.6 0.7

22

2010 01-06-2010 01-10-2010 01-12-2010 01-14-2010 01-18-2010 01-20-2010 Follow up on outstanding missing documents/ discovery & need for participation data from each team Discussions with co-counsel re outstanding discovery issues & class cert; outlined various participation forms needed Emails & conf re discovery & QU need for extension Reviewed QU's answer to amended complaint; outlined disputed issues Emails re discovery Reviewed info re how indoor & outdoor track are treated as one by NCAA; TC experts re event & rule commonality; summarize info needed by expert for discovery; prep summary of dif conditions in dif sports; prep sample depo questions for each coach re schedule & condition changes; fwd info re schools moving games indoors; reviewed QU president comments to press (2.6); conference re strategy & status (1.0) Reviewed info re new QU cheer squad; reviewed extensive research re participation trends for various sports; reviewed NCAA article re Title IX; reviewed info re insurance for cheer vs athletes; reviewed info re cheer team performed for MBB midnight madness & Walter Camp dinner; emails re VB spring training needs; status update with clients Email re only 19 dressed for WIH; reviewed QU docs claiming 25 Reviewed depo notices; discussed scheduling TC re class cert issues 0.2 0.5 0.2 0.4 0.1 3.6

01-21-2010

2.2

01-23-2010 Monday 01-25-2010 01-27-2010

0.1 0.2 0.2

23

01-28-2010

Worked on class cert mtn & brief; update research on future/prospective class members (2.5); reviewed stunt ass'n announcement; TC re same (0.2); reviewed newly released 2008-2009 EADA from OCR website; calculate gaps; compare data to QU promises (0.5); discussion re damages issues & damages disclosure; reviewed scholarship gaps (0.4); TC re various cheer personnel; reviewed NCA & UCA info (0.7) Worked on class cert mtn & brief; revised same; prep draft atty dec; prep draft class member decs (3.0); worked on damages disclosure; pointed out disparate scholarship data provided by QU; listed docs necessary to complete accurately; summarized missing participation data & EADA/NCAA worksheet data; emails re damages issues (2.2) Emails re doc requests; strategy session re info needed for doc requests; discussions re Title IX prongs; worked on class cert brief; memo re FRCP 23b2 injunctive class standards; prep KG dec iso class cert CLASS CERT MOTION & SUPPORTING DOCS FILED Worked on class cert brief & decs; reviewed damages analysis; review & discuss missing docs; review & edit ltr to reflect same Reviewed ltr re outstanding problems re rosters & squad lists; reviewed emails from athletes (0.2); emails re strategy on missing docs & Title IX proof issues (0.3); edited 2nd doc requests (0.2) Strategy discussions re discovery issues (0.2); reviewed QU's numerous objections to requests for admissions; highlight ones to compel & explain why (0.6) Reviewed info re 1st NCSTA meet Reviewed court conf transcript to better push discovery & compel issues Reviewed defense counsel ltrs; disputes re discovery; reviewed study re NCAA participation numbers vs EADA participation numbers; used example of study disparity to push for dif types of participation docs from QU

4.3

01-30-2010

5.2

01-31-2010

4.4

Monday 02-01-2010 02-02-2010

3.8

0.7

02-03-2010

0.8

02-04-2010 02-06-2010 02-08-2010

0.1 0.3 0.3

24

02-10-2010 02-12-2010

Conf with expert & former OCR re cheer issues, basis for cheer ltr, & sport def; research re various sport definitions; review NCAA material re same Research relation reviewed requests & discussions re standing, mootness, adequacy of class rep, & back doctrine of class cert; explain same to dispute QU position; class cert athlete decs (1.2); reviewed & made notes on QU doc (0.2)

1.3 1.4

02-15-2010

Reviewed info re Virginia cheer & attempts to designate as varsity; note problems & discuss with OCR re impact on QU (0.3); prepared notebook on cheer issues; prepared for meeting with cheer personnel (2.0) Travel to Memphis (4.8); All day meetings with cheer personnel & expert; reviewed cheer materials (6.5) Travel from Memphis Reviewed QU docs; pointed out incomplete disclosure & need for participation data for each game as required by court order; TC re discovery issues Conf call re cheer meetings & expert issues (0.8); reviewed defense corresp; noted errors in same for discovery disputes (0.2); reviewed QU docs; noted & summarized same (1.5); prep memo to file re cheer meetings (0.6) Reviewed QU docs; noted & summarized same Emails re scheduling; email with athlete Reviewed new QU docs; organized & summarized TC re various NCAA data & forms; reviewed same on NCAA website (1.8); strategy conf re discovery & experts; prep for same (1.2) Reviewed new QU docs; organized & summarized; reviewed stats to summarize who played in which games; compared to participation stats; noted names that never played Reviewed new QU docs; noted missing docs; made list for same; summarized existing docs; corresp re missing docs

2.3

02-16-2010 02-17-2010 02-18-2010 02-19-2010

6.5 4.8 5.5 0.8 3.1

02-20-2010 02-22-2010 02-23-2010

2.0 0.1 3.0

02-25-2010

4.0

02-26-2010

3.5

25

03-01-2010 03-03-2010

Reviewed materials from coach; emails re athlete depos; reviewed class decs Reviewed materials re NCAA & student eligibility & devise checklist for athlete status; rec'd explanation re NCAA tracking software on eligibility & participation to demand from QU; emails re status & depos Reviewed new docs; compared various participation data; showed how data did not match EADA numbers Reviewed QU responses/objections to 2nd doc requests; conf & emails re outstanding discovery & case status; conf with DoJ re documents & participation info Reviewed more docs; conf call re status with clients; follow up corresp with DoJ ; discussion re privilege issues; TC defense counsel; TC cheer expert re NGB issues Reviewed QU production log; corresp re scheduling issues Reviewed QU opp to class cert; discussed with counsel re reply strategy (0.6); TC Mangel re OCR cheer issues (0.6); corresp with athletes re depos & ideas to think about (0.1) Reviewed charts recently produced by QU; compared attack of same; reviewed/discussed plaintiffs responses to doc requests; discuss discovery dispute; prep comparison of dif data on dif EADA & participation reports; summarize same; use for discovery dispute & to show credibility issues re QU participation promises; reviewed info from NCAA Comm on Women's Athletics Reviewed docs; discussed issues for class cert reply; reviewed & fwd relevant prior class cert pldgs to help Alex with class cert reply Reviewed discovery admissions relevant to class cert; discuss with counsel re incorp into reply; follow up on standing/mootness/& adequate rep issues for class reply; emails re Rule 23b2 injunctive relief classes Emails re depos; reviewed draft reply; reviewed paralegal summaries re admissions & discovery issues 26

0.4 1.4

03-07-2010 03-09-2010

1.0 0.6

03-10-2010

2.2

Monday 03-15-2010 03-17-2010

0.3 1.3

03-19-2010

1.2

03-22-2010 03-23-2010

1.3 0.6

03-29-2010

0.5

04-01-2010 Monday 04-05-2010 04-06-2010

Emails re status, scheduling, depos, etc Reviewed & commented on class cert reply (0.2); TC Bill Boggs re NCA nationals; reviewed info re cheer nationals (0.3); TC re meet & confer strategy (0.3) Reviewed latest participation info; reviewed final version of reply (0.5); reviewed NCAA lists of XC only schools; reviewed websites re schedules & rosters; compared to QU data; reviewed NCAA track lists; compared schools in NEC to QU; analyzed to show QU runs program like XC; organized same to discuss with expert; discussed with track expert (2.5) Reviewed QU memo; discussed same (0.2); reviewed & org more doc pro (0.5) Strategy conf re bifurcation & other issues (1.0); reviewed QU priv log; reviewed new DoE guidelines; reviewed EADA of cheer schools re DoE guidelines; discuss with experts; reviewed info re NCA nationals (1.2); reviewed QU docs (1.5) TC re scheduling issues & court calendar; reviewed NCAA info re sport tiering & Title IX - compared to QU treatment of track & cheer; prep questions for depo Emails re depos of defense; prep questions for admin; reviewed cheer materials; TC cheer personnel; prep questions for cheer coach (1.2); prep materials & info for mtg with OCR re QU (2.)0 Meeting with OCR; follow up discussion with roundtable; discuss with expert (2.7); travel to/from mtg (1.5); emails re OCR mtg & discovery (0.3)

0.2 0.8

3.0

04-12-2010 04-14-2010

0.7 3.7

04-16-2010

1.3

04-19-2010

3.2

04-20-2010

3.0 1.5

27

04-21-2010

Reviewed summary of QU objections/responses; discussed discovery issues (0.4); discussion re court conf & trial schedule (0.6); TC Sparks (0.1); reviewed more docs from QU (0.6); reviewed NCAA gender cert materials; explained process and how not tied to Title IX (1.0) Reviewed more cheer docs & prepared for questions for cheer depo; fwd docs to counsel; reviewed NCAA docs re cheer; fwd same for depo; organized Maryland & other college cheer docs; detailed review of QU, Maryland, & other cheer schedules; follow links & analyze nature of competitions; org docs re same (4.0)

6.7

04-22-2010

Reviewed summary of Powers depo (0.3); reviewed & organized latest track materials; reviewed website info re same; print, organize, & fwd to consulting expert (3.5) Emails re discovery issues & missing docs (0.2); reviewed & organized QU participation, eligibility, competition, etc docs; fwd same to expert (0.6) Conf call with expert to go over participation & counting issues (0.5); follow up doc review & corresp (0.5) Reviewed athlete depos (1.2); conf call with former OCR leader re QU issues (0.4); Reviewed & organized QU track info; NEC track info; schedules; event info; NCAA track event info; fwd to expert (1.5) Conf call re strategy & status Conf call with expert re track info sent & other info she needs Reviewed & organized more info for expert; TC re same (0.5); reviewed & edited bifurcation stip; conf call re best way to separate claims & to deal with discovery on dif issues (0.5); reviewed/ commented on QU draft protective order; discuss same; fwd prior protective orders for discussion with QU (0.7) Mtg with DoJ re QU (2.0); TC conf with Orleans (0.5)

3.8

04-26-2010 04-27-2010 04-29-2010

0.8 1.0 3.1

04-30-2010 05-01-2010 Monday 05-03-2010

0.2 0.4 1.7

05-04-2010

2.5

28

05-05-2010

Conf call with expert; reviewed all depo exhibits in case & fwd relevant ones to expert; worked with expert on charts (4.5); conf call re prep for SWA/admin depos; reviewed & commented on questions for same; prep add'l questions; prep outline re benefits not provided to padded athletes (1.3) Reviewed Powers depo; made notes on issues for trial (1.3); reviewed info re indoor track from expert; discussed same with track expert (0.6) Emails re Flynn & McDonald depos; email prep for track depo (0.5); reviewed Flynn depo & depo exhibits; noted issues & fwd to expert; reviewed McDonald depo & depo exhibits; noted issues & fwd to expert (1.6) Reviewed & organized more track info, competition data, events, schedules, etc.; discussed & fwd to expert for summary; reviewed most recent NEC school track data; organized & summarized for expert; fwd for her analysis; reviewed NCAA track info & rule info from expert; rviewed NCAA track rules & USATrack events & rules; worked with expert on exhibit info & report Reviewed QU docs; organized same for experts; fwd same for review for reports (1.5); TC cheer expert; fwd QU cheer info (0.2); reviewed/edited bifurcation stip; discuss issues arising from same (0.3) Mtg with OCR re QU counting & cheer issues; follow up discussions with DoJ (2.0); travel to/from mtg (1.6); strategy re bifurcation & preservation of rights on delayed issues & claims; edits re same (0.6); conf with cheer expert re report (0.5) Worked with track expert on report; gathered more info to fwd for analysis (3.0); worked with Lopiano on report issues; gathered more info to fwd for analysis; discussions re counting issues & inadequate QU participation data & need for updated squad & eligibility lists (3.2); TC counsel re expert issues (0.2)

5.8

05-06-2010 05-07-2010

1.9 2.1

05-08-2010

7.5

Monday 05-10-2010 05-11-2010

2.0

2.7

05-12-2010

6.4

29

05-13-2010

Reviewed/organized updated QU info for expert to incorporate into participation charts; TC re same; reviewed new charts disclosed by QU; compared to other participation data & report; discussed with Lopiano; emails re need for updated enrollment data; TC Webb; reviewed docs from same; reviewed bio; reviewed analyses re QU cheer schedule & schedules of other cheer schools; reviewed NCSTA info; analyzed history of QU schedules to show which sports play in multiple seasons; review other NEC school schedules to show same; TC re depos Worked with experts on reports; gathered & helped update exhibits; reviewed new track docs from QU & sudden data re JV runners not listed on competition reports; fwd to expert; TC re impact on report; reviewed NCAA rule interpretations re track issues from expert - good for exam Helped expert finalize report & gather exhibits; organize for filing; corresp & TC re same; reviewed updated track report; reviewed info re JV vs varsity track; reviewed expert info re ways in which QU fails to run legit track program; organized QU schedule info for expert chart comparing QU to NCAA Worked with track expert on report; reviewed charts created re competitions, participation, scheduling, etc.; reviewed more new docs from QU; discussed with expert; worked with cheer expert; organized exhibits; reviewed schedules of schools claiming indoor track but only running outdoors; organized materials for QU track coach depo; prep questions & issues to address; explained info to obtain in track depo Worked with track expert on report; reviewed charts analyzing XC vs track; reviewed info re events not entered; helped organized final report for filing; reviewed more brand new docs from QU; fwd to expert but too late for incorp; reviewed expert info re NCAA dif philosophies for Div I vs other divisions; analyze with QU treatment in mind Reviewed Thompson depo; reviewed Orleans summary of Martin depo; emails with client & counsel

8.2

05-14-2010

9.5

05-15-2010

8.2

05-16-2010

9.0

Monday 05-17-2010

8.4

05-18-2010

1.0

30

05-20-2010

Reviewed Martin depo; notes re same; prep issues for expert to address at trial (1.5); emails re court call & class notice; prep info re no need for notice for 23b2 class (0.7); discussions re trial procedure (0.2) Reviewed class cert decision; noted impact on case; conf re same Emails & TC re trial prep Reviewed/organized more docs from QU; discussions re protective order material & stip; emails re scheduling expert depos; discussions re document exchange; discussed with experts Update re court call (0.2); discussions re defense questions re Lopiano report & doc needs; gathered info re Lopiano cases per QU request (0.6) TC DoJ re status & amicus (0.5); prelim inj record; TC AY re info proposal to offer expert reports disclosures & depos; gather more putting prelim inj hrg testimony ongoing discussions re pretrial order & requested by QU; strategy conf re QU in lieu of testimony; coordination of more info for QU; TC Webb; reviewed research re & exhibits into record for trial; TC client

2.4

05-21-2010 05-22-2010 Monday 05-24-2010 05-25-2010 05-26-2010

0.6 0.2 1.6

0.8 3.6

05-27-2010

TC Lopiano re info requested by QU; review report & EADA references; gather materials for QU; Follow up with DoJ re add'l info requested; emails re scheduling expert depos; battles over QU failure to disclose NCAA compliance assist data; reviewed QU proposed numbers stip; noted problems & failure to match other data; discussions re same Discussions re expert depos (0.2); more QU doc pro; prep analysis of ongoing QU inconsistencies; worked with expert to gather info requested by QU; discussions re problems with QU participation stip; outlined discrepancies and reasons we can't adopt it (1.3); discussions with cheer expert & counsel re privileged docs (0.3); conf with client re roster management & no guidelines for next year (0.2); list out deadlines already past for recruits so that QU can't find new athletes for higher women's floors; outline recruiting process for exam questions to show athletes are recruited well in advance (0.6)

2.3

05-28-2010

2.6

31

05-30-2010

Trial prep; emails re need to depose QU expert before testimony; outlined counting issues for direct testimony; outlined questions re 3 prongs; emails re final info from Lopiano for QU; outlined dif between Title IX & EADA definitions of participant; Reviewed voluminous info that QU requested from expert; corresp/emails turning materials over after review ; disputes re QU participation stip; demanded QU support; detailed explanation re how QU's stip numbers are not supported by docs; demand for most recent squad lists with all athletes; conf call re outstanding issues with defense; ongoing disputes re QU refusal to turn over NCAA eligibility data & software printouts; discussions re still no QU expert designation (2.4); reviewed updated enrollment data & projections for next year; corresp with expert re same with request to update charts (0.3); Strategy conf with clients & counsel (0.8); reviewed docs to decide which to use in direct exams at trial (1.2) Reviewed new docs from QU; reviewed new squad lists; extensive notes re same; fwd to expert (2.4); reviewed QU expert disclosure of Alfreda Goff as QU's 1st expert; researched & TC re Goff background; research re track in Goff's league (1.3); coordination with defense re cheer depos; TC Webb; TC Lord; coordination re getting cheer docs; TC Boggs re docs; TC White re docs (1.3); emails re QU threat to eliminate VB scholarships as retaliation (0.2); reviewed new seasons of competition lists; reviewed remaining depo exhibits & fwd relevant exhibits to experts (1.5); emails with clients (0.1)

3.2

Monday 05-31-2010

4.7

06-01-2010

3.7

3.1

06-02-2010

Emails re scholarship issues; reviewed remaining defense exhibits & fwd relevant to expert; TC expert; emails re QU withdrawal of expert; reviewed QU docs & organized for use at trial; ongoing review & analysis of dif participation, competition, & eligibility docs

3.6

32

06-03-2010

Reviewed Martin depo & exhibits; compared to expert charts & prior docs; analysis re track issues; reviewed scholarship info to work on counting (2.4); TC Boggs re cheer docs; TC Carla & other Varsity personnel re cheer docs (0.3); reviewed more new QU docs; conf re pretrial; emails re still no QU expert report; reviewed QU projected enrollment; calculate participation gap; discuss with expert & fwd info for analysis; disputes re QU demand to stipulate to participation numbers; TC Lopiano; TC Sparks (2.7) Reviewed/commented on pretrial order; researched background of new QU expert Sam Seemes; T/Cs to learn info re expert; review USATrack info; discuss with experts; emails/conf with counsel re status and outstanding trial prep matters; reviewed QU expert disclosure; demands for CV & supporting info for report; fwd expert report to experts; discuss same; worked with expert on comparison of various participation docs; emails re doc confidentiality Gather & organize cheer docs; prepare case materials for cheer witnesses; prepare outline; communicate re same; coordinate cheer depos & docs with defense; prep to defend depo (2.4); emails & TC re live testimony vs testimony by report (0.2); reviewed NFHS cheer info; researched cheer insurance issues & lack of NCAA insurance; emails re depo schedules (1.2); reviewed more newly disclosed QU docs re track; reviewed newly disclosed Seemes docs; reviewed expert docs wanted by QU before disclosure (2.0) Travel to Memphis (5.8) Meeting with Jim Lord; conf call with Jeff Webb Emails re cheer, Seemes, & AY depos; coordination of schedules & doc exchanges; reviewed NCA & UCA docs; flag docs to discuss with V counsel; reviewed more expert docs; disclosure to QU (6.0); emails & conf call re ongoing disclosure issues (0.7) TC Lopiano re trial issues (0.3)

5.4

06-04-2010

3.5

06-05-2010

5.8

Sunday 06-06-2010

5.8 7.0

33

Monday 06-07-2010

Review documents from witnesses & Varsity personnel & work with administrator to get them; T/C with Varsity counsel re documents & privilege; email exchanges re various documents; conf w/ counsel re Varsity docs (3.5) Meeting with cheer personnel (1.5); conference call with court (0.4); prep for court conf & discuss issues with co-counsel (0.3); meeting & depo prep with Jeff Webb; follow up mtg with Jim Lord; prep to defend depo (4.0) Organize documents for production to defense counsel; copy & deliver same; emails & TC re manner of expert testimony; strategy discussions re trial; TC & emails with clients; reviewed OCR cheer docs (2.5)

12.2

06-08-2010

Prep to defend depositions; TC Webb (1.5) Jeff Webb deposition; Jim Lord deposition; follow up discussions (8.5) T/C Varsity counsel re priv document issues; review cheer docs; TC experts; emails & TC re trial issues; discussions re manner of expert testimony (1.5) Travel from Memphis (6.0) Conf with counsel re cheer depos; conf with Lopiano re cheer issues; TC AY re Seemes report; use info to outline exam; reviewed & discussed pretrial draft; reviewed new roster targets for next year; review draft order of proof (4.2)

11.0

06-09-2010

6.0 4.2

06-10-2010

Reviewed QU squad list glossary info; review & discuss participation data with this info; follow up re more cheer docs demanded by QU; battles over QU demand for participation stip; reviewed QU portion of pretrial submissions; disputes re same; analyzed for info needed to rebut; reviewed athlete change in status forms; emails re need unredacted versions; attempted to figure out basis for QU #s; summarized how other data conflict; discuss with expert; conf re Orleans meet & confer with defense counsel; TC & gathered more docs demanded by QU at cheer depos; gathered Lopiano info requested by QU; outline docs experts will need for exhibit list; strategy conf; reviewed prelim inj materials to prep for trial; trial prep; exam outlines

5.6

34

06-11-2010

Reviewed pretrial matters; TC with counsel to prep for pretrial conference; more doc review & org for trial; analyzed & chose docs for Lopiano direct exam; fwd same; TC re docs demanded by QU; research re QU claims re NAIA cheer teams; prepared for arguments re why entire participation data history is relevant to case; analysis re MIL issues; corresp to obtain info re defense expert & docs; TC Lopiano to work on supp report & participation info; reviewed QU emails & info re Seemes; reviewed roster letters; listed recruiting deadlines already passed; TC re same; reviewed QU mtn in limine & related info; outline response; discussions after pretrial conference; trial prep Reviewed & organized track materials & defense expert materials; research re same; prep depo questions for Seemes; outline materials for cross exam; reviewed NCAA info re track/XC & Div I membership; reviewed NCAA background on indoor track; TC expert re track issues & to prep me for Seemes exam; summarize track analysis re names of of runners who did not run; emails re cheer docs; review financials & fwd to defense; emails form defense; input re pretrial issues; went over pi hrg exhibits with expert; reviewed NCA & UCA materials; fwd same; research responding to issues raised by Brill; fwd to Orleans; TC re various cheer scoring systems; review video re same; trial prep Prep of materials for trial; numerous emails & TC re docs, scheduling, disclosure issues Travel to Connecticut Conf call with QU compliance officer; prepared questions for same; reviewed squad lists & eligibility lists; reorganize & summarize info based upon compliance officer info; fwd info to expert for analysis; worked with expert re supplement; reviewed more docs from cheer & fwd to defense; reviewed defense disclosures re NCSTA; emails re QU wants more info; TC to get all star info; TC Seely & Boggs; TC Webb; reviewed QU exhibit list & some exhibits; prep for Seemes depo & cross exam of Seemes; gather & review docs for same

6.7

06-12-2010

7.1

06-13-2010

3.4 9.5 12.4

Monday 06-14-2010

35

06-15-2010

Prep for depo of defense expert; Seemes depo; review & summarize notes from same to prepare for cross exam in de bene esse depo; review track materials; de bene esse depo of Sam Seemes; trial prep Gathered materials for AY; reviewed & organized same; prep for expert direct exam; reviewed docs to add to exhibit list; gathered more cheer docs re USACheer for QU; reviewed & discussed same; background re NGB; worked with Boggs & others to get all star cheer info for QU; reviewed same

14.2

06-16-2010

Meetings with experts; prep AY for depo; trial prep; review cheer depos; emails & TC to get more info demanded by QU; reviewed QU exhibits; reviewed Seemes depo transcript; discussed with expert; battles with defense re Varsity's privileged docs; discuss with Webb & Varsity counsel; reviewed more new docs; battles re participation; discussed Flynn info with exper