United States v. South Dakota High School Ass'n - Consent Order

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION

STEVEN PEDERSEN and CHERYL
PEDERSEN, as Guardians Ad Litem for
MARA PEDERSEN, a minor, and SUZIE
TOLZIN, as Guardian Ad Litem for MICAH
TOLZIN and ELIZABETH TOLZIN, minors,
Plaintiffs,
and
UNITED STATES OF AMERICA,
Plaintiff-Intervenor
v.
SOUTH DAKOTA HIGH SCHOOL
ACTIVITIES ASSOCIATION,
Defendant.

CIVIL ACTION : 00-4113

STIPULATION

It is agreed by and between the above-captioned parties, through their undersigned counsel, as follows:

Beginning with the 2002-2003 school year, and continuing thereafter, defendant shall schedule girls high school volleyball during the traditional fall season.
Beginning with the 2002-2003 school year, and continuing thereafter, defendant shall schedule girls high school basketball during the traditional winter season.
Defendant shall reimburse plaintiffs for their reasonable attorneys' fees and expenses.
Defendant shall submit to the Court and parties within one hundred eighty (180) days from the date of the Consent Order a detailed plan setting forth how defendant will implement the transition and new scheduling of the girls high school volleyball and basketball. seasons. Thereafter, upon the approval and implementation of the remedial plan, defendant shall submit a report to the Court and parties annually for two consecutive years specifically describing how defendant has completely and successfully implemented the approved plan. The date of filing and the specific format of the report shall be developed by the parties simultaneously with the approval of the plan.

Dated this____day of December, 2000.

WOODS, FULLER, SHULTZ & SMITH P.C.

By__________________________________
William P. Fuller
Rick Entwistle
Post Office Box 5027
Sioux Falls, South Dakota 57117-5027
Telephone (605) 336-3890
Fax (605) 339-3357
Attorneys for Plaintiffs

______________________________
BILL LANN LEE
Assistant Attorney General

______________________________
HELEN NORTON
Deputy Assistant Attorney General

______________________________
TED L. McBRIDE
United States Attorney

______________________________
FRANZ R. MARSHALL
SARAH A. DUNNE
U.S. Department of Justice
Civil Rights Division
Educational Opportunities
601 D Street, N.W., Suite 4300
Washington, DC 20530
Telephone (202) 514-6406
Fax (202) 514-8337

______________________________
BONNIE ULRICH
Chief - Civil Division
United States Attorney's Office
230 Phillips Ave., Suite 600
Sioux Falls, SD 57104
(605) 330-4400
Attorneys for Plaintiff-Intervenor

RITER, MAYER, HOFER, WATTIER
& BROWN, LLP

By_____________________
John L. Brown
Post Office Box 280
Pierre, South Dakota 57501-0280
Telephone (605) 224-5825
Fax (605) 224-7102
Attorneys for Defendant

Based upon the foregoing Stipulation, and for other good cause; it is hereby

ORDERED that beginning with the 2002-2003 school year; and continuing thereafter, defendant shall schedule girls high school volleyball during the traditional fall season; and it is further hereby

ORDERED that beginning with the 2002-2003 school year, and continuing thereafter, defendant shall schedule girls high school basketball during the traditional winter season; and it is further hereby

ORDERED that defendant shall reimburse plaintiffs for their reasonable attorneys' fees and expenses; and it is further hereby

ORDERED that defendant shall submit to the Court and parties within one hundred eighty (180) days from the date of this Order a detailed plan setting forth how defendant will implement the transition and new scheduling of the girls high school volleyball and basketball seasons; and it is further hereby

ORDERED that upon the approval and implementation of the remedial plan, defendant shall submit a report to the Court and parties annually for two consecutive years specifically describing how defendant has completely and successfully implemented the approved plan. The date of filing and the specific format of the report shall be developed by the parties simultaneously with the approval of the plan: and it is further hereby

ORDERED that this Court will retain jurisdiction of this cause for purposes of compliance with this Order and entry of such further orders or modification as may be necessary or appropriate to effectuate the agreement as stated herein. Upon compliance with the terms of this Order or at any time following the final report, any one of, or all of, the parties may move this Court, on due notice to the other parties and the Court, for the dissolution of this Order and this Order will be dissolved upon showing by defendant, South Dakota High School Activities Association, that it has substantially complied with the terms and objectives of this Consent Order.

Dated this____day of December, 2000.

BY THE COURT:

_________________________
Lawrence L. Piersol
Chief Judge

ATTEST:
JOSEPH HAAS, CLERK

BY: _____________________ (SEAL) DEPUTY
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Updated June 13, 2023