U.S. District Court United States District Court for the Western District of Washington (Seattle) CIVIL DOCKET FOR CASE #: 2:10-cv JCC

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1 CLOSED,JURYDEMAND U.S. District Court United States District Court for the Western District of Washington (Seattle) CIVIL DOCKET FOR CASE #: 2:10-cv JCC Apilado et al v. North American Gay Amateur Athletic Alliance Assigned to: Judge John C Coughenour Cause: 28:1332 Diversity Plaintiff Steven Apilado Date Filed: 04/20/2010 Date Terminated: 12/05/2011 Jury Demand: Plaintiff Nature of Suit: 443 Civil Rights: Accommodations Jurisdiction: Diversity represented by Melanie S. Rowen NATIONAL CENTER FOR LESBIAN RIGHTS 870 MARKET STREET, SUITE 370 SAN FRANCISCO, CA mrowen@nclrights.org LEAD ATTORNEY Suzanne J Thomas K&L GATES LLP (SEATTLE) 925 FOURTH AVENUE STE 2900 SEATTLE, WA suzanne.thomas@klgates.com LEAD ATTORNEY Amy K. Todd-Gher NATIONAL CENTER FOR LESBIAN RIGHTS 870 MARKENT STREET, SUTIE 370 SAN FRANCISCO, CA atoddgher@nclrights.org TERMINATED: 02/08/2011 Christopher F. Stoll NATIONAL CENTER FOR LESBIAN RIGHTS 1/15

2 870 MARKET STREET SAN FRANCISCO, CA Cristin Kent Aragon YARMUTH WILSDON PLLC 818 STEWART ST STE 1400 SEATTLE, WA Fax: TERMINATED: 11/12/2010 Peter Anthony Talevich K&L GATES LLP (SEATTLE) 925 FOURTH AVE STE 2900 SEATTLE, WA Plaintiff LaRon Charles represented by Melanie S. Rowen LEAD ATTORNEY Suzanne J Thomas LEAD ATTORNEY Amy K. Todd-Gher TERMINATED: 02/08/2011 Christopher F. Stoll Cristin Kent Aragon 2/15

3 TERMINATED: 11/12/2010 Peter Anthony Talevich Plaintiff Jon Russ represented by Melanie S. Rowen LEAD ATTORNEY Suzanne J Thomas LEAD ATTORNEY Amy K. Todd-Gher TERMINATED: 02/08/2011 Christopher F. Stoll Cristin Kent Aragon TERMINATED: 11/12/2010 Peter Anthony Talevich V. Defendant The North American Gay Amateur Athletic Alliance represented by Beth A Allen BETH ALLEN LAW PC 811 SW NAITO PARKWAY, SUITE 420 PORTLAND, OR beth@bethallenlaw.com TERMINATED: 12/13/2010 Michael Reiss DAVIS WRIGHT TREMAINE (SEA) 3/15

4 1201 THIRD AVENUE STE 2200 SEATTLE, WA Fax: FAX Rebecca J. Francis DAVIS WRIGHT TREMAINE (SEA) 1201 THIRD AVENUE STE 2200 SEATTLE, WA Roger Ashley Leishman DAVIS WRIGHT TREMAINE LLP 1501 FOURTH AVE SUITE 2600 SEATTLE, WA Date Filed # Docket Text 04/20/ COMPLAINT For Injunctive Relief and Damages Based on Violations of RCW et seq., Breach of Contract, and Tortious Conduct against defendant(s) North American Gay amateur athletic alliance (Receipt # ), filed by Steven Apilado, LaRon Charles, Jon Russ. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Thomas, Suzanne) (Entered: 04/20/2010) 04/20/2010 Judge John C Coughenour added. (RE) (Entered: 04/21/2010) 04/21/ DEMAND for JURY TRIAL by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ. (Thomas, Suzanne) (Entered: 04/21/2010) 04/21/2010 Summons Issued as to defendant(s) The North American Gay Amateur Athletic Alliance.(Summons sent via U.S. mail on 4/21/10) (RE) (Entered: 04/21/2010) 05/04/ APPLICATION OF ATTORNEY Melanie S. Rowen FOR LEAVE TO APPEAR for Plaintiffs Steven Apilado, LaRon Charles, Jon Russ (Fee Paid) Receipt No (Thomas, Suzanne) (Entered: 05/04/2010) 05/04/ APPLICATION OF ATTORNEY Amy K. Todd-Gher FOR LEAVE TO APPEAR for Plaintiffs Steven Apilado, LaRon Charles, Jon Russ (Fee Paid) Receipt No (Thomas, Suzanne) (Entered: 05/04/2010) 05/04/ ORDER re 3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS 4/15

5 Attorney Melanie S. Rowen for Steven Apilado, LaRon Charles and Jon Russ, by Bruce Rifkin. (No document associated with this docket entry, text only.)(ds) (Entered: 05/04/2010) 05/04/ ORDER re 4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Amy K. Todd-Gher for Steven Apilado, LaRon Charles and Jon Russ, by Bruce Rifkin. (No document associated with this docket entry, text only.)(ds) (Entered: 05/04/2010) 05/06/ MINUTE ENTRY setting status conference: The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case, 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc., 3. The status of discovery and a time schedule for its completion, 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule, 5. An estimate of the number of days needed for trial, 6. Whether the case is jury or non-jury, 7. The date by which the case will be ready for trial, and 8. Settlement probabilities. Counsel for all parties are required to appear at the conference. If counsel office is outside of Seattle, arrangements can be made for telephonic participation in the conference. If counsel wish to make such arrangements, they should contact Julie Mahnke, Deputy Clerk at COUNSEL FOR THE PLAINTIFF IS DIRECTED TO NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED CONFERENCE. Status Conference set for 7/27/2010 at 09:00 AM in Courtroom before Judge John C Coughenour. (JM) (Entered: 05/06/2010) 05/06/ ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge John C Coughenour. (JM) (Entered: 05/06/2010) 05/07/ SERVICE OF SUMMONS and Complaint returned executed upon defendant The North American Gay Amateur Athletic Alliance on 4/27/2010 (TF) (Entered: 05/07/2010) 05/17/ NOTICE of Appearance by attorney Rebecca J. Blasco (Francis) on behalf of Defendant The North American Gay Amateur Athletic Alliance. (Blasco, Rebecca) Modified text on 7/29/2010 (CL). (Entered: 05/17/2010) 05/17/ NOTICE of Appearance by attorney Beth A Allen on behalf of Defendant The North American Gay Amateur Athletic Alliance. (Allen, Beth) (Entered: 05/17/2010) 05/17/ STIPULATION AND PROPOSED ORDER to Extend Defendant's Deadline to Respond to Plaintiffs' Complaint by parties. (Blasco, Rebecca) (Entered: 05/17/2010) 05/17/ STIPULATION AND PROPOSED ORDER Corrected Stipulation and Proposed Order to Extend Defendant's Deadline to Respond to Plaintiffs' Complaint by parties. (Blasco, Rebecca) (Entered: 05/17/2010) 05/18/ ORDER by Judge John C Coughenour. Pursuant to the parties' stipulation (Dkt. No. 13 ), Defendant's deadline to answer, move, or otherwise respond to Plaintiffs' complaint is hereby extended to June 8, 2010.(CL) (Entered: 05/18/2010) 5/15

6 06/08/ MOTION to Dismiss Plaintiffs' Consumer Protection Act Claim by Defendant The North American Gay Amateur Athletic Alliance. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) Noting Date 7/2/2010, (Blasco, Rebecca) (Entered: 06/08/2010) 06/21/2010 HEARING CONTINUED: Status Conference set for 8/3/2010 at 09:00 AM in Courtroom before Judge John C Coughenour. (JM) (Entered: 06/21/2010) 06/28/ RESPONSE, by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ, to 15 MOTION to Dismiss Plaintiffs' Consumer Protection Act Claim. (Thomas, Suzanne) (Entered: 06/28/2010) 07/02/ REPLY, filed by Defendant The North American Gay Amateur Athletic Alliance, TO RESPONSE to 15 MOTION to Dismiss Plaintiffs' Consumer Protection Act Claim (Attachments: # 1 Exhibit A)(Blasco, Rebecca) (Entered: 07/02/2010) 07/07/ SURREPLY filed by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ re 15 MOTION to Dismiss Plaintiffs' Consumer Protection Act Claim (Kent, Cristin) (Entered: 07/07/2010) 07/22/ ORDER by Judge John C Coughenour. The Court DENIES Dft's 15 Motion to Dismiss Pltfs' Consumer Protection Act Claim.(CL) (Entered: 07/22/2010) 08/03/ MINUTES OF STATUS CONFERENCE: JCC; Dep Clerk: JM; CR: McGrath; Counsel: Todd-Gehr/Thomas/Reiss/Franciss/Leishman/Kent; Called, counsel advises the Court of status. Court directs counsel to be guided by Local Civil Rule 16 in completing discovery and filing dispositive motions. Note that all depositions, discovery and perpetuation, must be completed before the discovery completion date. Jury instructions, if any, are to be filed with the Clerk and shall include an original version and two copies thereof, each numbered sequentially and with citations, and one copy on plain white paper without numbering or citations. Counsel are advised that the Court will rely primarily upon the Manual of Model Jury Instructions for the Ninth Circuit in preparation of final instructions for submission to the jury. Counsel are advised that this case is one of several cases set for the week described below. Counsel must be prepared to commence trial as scheduled, but it must be understood that the trial may have to be continued. The Clerk should be contacted as the trial date approaches for further information regarding the calendar. Pretrial and trial schedule are set as follows: Jury Trial is set for 6/13/2011 at 09:30 AM in Courtroom before Judge John C Coughenour. Pretrial Order due by 6/3/2011, Pleading amendment/3rd pty action due by 10/8/2010, 39.1 mediation to be completed by 2/25/2011, Trial briefs to be submitted by 6/9/2011, Proposed voir dire/jury instructions due by 6/9/2011, (JM) (Entered: 08/03/2010) 08/05/ ANSWER to 1 Complaint, by The North American Gay Amateur Athletic Alliance.(Leishman, Roger) (Entered: 08/05/2010) 11/03/ APPLICATION OF ATTORNEY Christopher F. Stoll FOR LEAVE TO 6/15

7 APPEAR for Plaintiffs Steven Apilado, LaRon Charles, Jon Russ (Fee Paid) Receipt No (Rowen, Melanie) (Entered: 11/03/2010) 11/04/ ORDER re 23 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Christopher F. Stoll for Steven Apilado, LaRon Charles and Jon Russ by William M. McCool. (No document associated with this docket entry, text only.)(ds) (Entered: 11/04/2010) 11/12/ NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Cristin J. Kent for Plaintiffs Steven Apilado, LaRon Charles, Jon Russ. (Thomas, Suzanne) (Entered: 11/12/2010) 12/13/ NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Beth A Allen for Defendant The North American Gay Amateur Athletic Alliance. (Allen, Beth) (Entered: 12/13/2010) 01/27/ STIPULATION AND PROPOSED ORDER TO EXTEND DISCOVERY DEADLINE TO TAKE THE DEPOSITION OF RANDY DOBBS by parties. (Francis, Rebecca) (Entered: 01/27/2011) 01/31/ MINUTE ORDER by Judge John C Coughenour, United States District Judge; Pursuant to the parties' 27 Stipulation, the discovery deadline for the deposition of Randy Dobbs is hereby extended to 3/4/2011. (TF) (Entered: 01/31/2011) 02/01/ STIPULATION AND PROPOSED ORDER TO EXTEND DISCOVERY DEADLINE TO TAKE THE DEPOSITION OF JOHNNY RUSSELL by parties. (Thomas, Suzanne) (Entered: 02/01/2011) 02/03/ MINUTE ORDER by Judge John C Coughenour, United States District Court; Pursuant to the parties' 29 Stipulation, the Discovery deadline for the deposition of Johnny Russell is hereby extended to 3/4/2011. (TF) (Entered: 02/03/2011) 02/04/ NOTICE of Appearance by attorney Peter Anthony Talevich on behalf of Plaintiffs Steven Apilado, LaRon Charles, Jon Russ. (Talevich, Peter) (Entered: 02/04/2011) 02/08/ NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Amy K. Todd-Gher for Plaintiffs Steven Apilado, LaRon Charles, Jon Russ. (Stoll, Christopher) (Entered: 02/08/2011) 02/17/ MOTION for Partial Summary Judgment on Plaintiffs' Request to Enjoin Enforcement of Rule 7.05 by Defendant The North American Gay Amateur Athletic Alliance. (Attachments: # 1 Exhibit A, # 2 Proposed Order) Noting Date 3/11/2011, (Francis, Rebecca) (Entered: 02/17/2011) 02/17/ DECLARATION of Roy Melani filed by Defendant The North American Gay Amateur Athletic Alliance re 33 MOTION for Partial Summary Judgment on Plaintiffs' Request to Enjoin Enforcement of Rule 7.05 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23)(Francis, Rebecca) (Entered: 02/17/2011) 7/15

8 03/02/ NOTICE from Mediator, Judge Steve Scott, that on 2/22/2011, the parties participated in a mediation. The case remains unresolved at this time. (TF) (Entered: 03/03/2011) 03/07/ RESPONSE, by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ, to 33 MOTION for Partial Summary Judgment on Plaintiffs' Request to Enjoin Enforcement of Rule (Thomas, Suzanne) (Entered: 03/07/2011) 03/07/ STATEMENT re 36 Response to Motion Plaintiffs' Supplemental Statement of Facts by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ. (Thomas, Suzanne) (Entered: 03/07/2011) 03/07/ STATEMENT re 36 Response to Motion Response to NAGAAA's Statement of Facts by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ. (Thomas, Suzanne) (Entered: 03/07/2011) 03/07/ DECLARATION of Suzanne J. Thomas filed by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ re 33 MOTION for Partial Summary Judgment on Plaintiffs' Request to Enjoin Enforcement of Rule 7.05 (Attachments: # 1 Exhibit Exhibits 1-9, # 2 Exhibit Exhibits 10-13)(Thomas, Suzanne) (Entered: 03/07/2011) 03/07/ DECLARATION of Jonathan Russ filed by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ re 33 MOTION for Partial Summary Judgment on Plaintiffs' Request to Enjoin Enforcement of Rule 7.05 (Thomas, Suzanne) (Entered: 03/07/2011) 03/07/ DECLARATION of LaRon Charles filed by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ re 33 MOTION for Partial Summary Judgment on Plaintiffs' Request to Enjoin Enforcement of Rule 7.05 (Thomas, Suzanne) (Entered: 03/07/2011) 03/07/ DECLARATION of Steven Apilado filed by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ re 33 MOTION for Partial Summary Judgment on Plaintiffs' Request to Enjoin Enforcement of Rule 7.05 (Thomas, Suzanne) (Entered: 03/07/2011) 03/11/ REPLY, filed by Defendant The North American Gay Amateur Athletic Alliance, TO RESPONSE to 33 MOTION for Partial Summary Judgment on Plaintiffs' Request to Enjoin Enforcement of Rule 7.05 (Attachments: # 1 Certificate of Service)(Francis, Rebecca) (Entered: 03/11/2011) 03/15/ MOTION for Partial Summary Judgment by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ. Oral Argument Requested. (Attachments: # 1 Supplement Facts) Noting Date 4/8/2011, (Thomas, Suzanne) (Entered: 03/15/2011) 03/15/ DECLARATION of Suzanne J. Thomas filed by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ re 44 MOTION for Summary Judgment Partial (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Proposed Order)(Thomas, Suzanne) (Entered: 03/15/2011) 03/16/ NOTICE OF ERRATA RE: MATERIALS re 44 MOTION for Summary Judgment Partial, 45 Declaration, ; filed by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ. (Thomas, Suzanne) (Entered: 03/16/2011) 04/04/ RESPONSE, by Defendant The North American Gay Amateur Athletic Alliance, 8/15

9 to pltfs' 44 MOTION for Partial Summary Judgment (Francis, Rebecca) Text Modified on 4/5/2011 (TF). (Entered: 04/04/2011) 04/04/ DECLARATION of Bill Sansom re 47 RESPONSE to 44 MOTION by Defendant The North American Gay Amateur Athletic Alliance. (Francis, Rebecca) Text Modified on 4/5/2011 (TF). (Entered: 04/04/2011) 04/04/ DECLARATION of Geoff da Silva filed by Defendant The North American Gay Amateur Athletic Alliance re 47 RESPONSE to 44 MOTION (Francis, Rebecca) Text Modified on 4/5/2011 (TF). (Entered: 04/04/2011) 04/04/ DECLARATION of Chris Balton filed by Defendant The North American Gay Amateur Athletic Alliance re 47 RESPONSE to 44 MOTION (Attachments: # 1 Exhibit, # 2 Exhibit)(Francis, Rebecca) Text Modified on 4/5/2011 (TF). (Entered: 04/04/2011) 04/04/ DECLARATION of Gary Carter filed by Defendant The North American Gay Amateur Athletic Alliance re 47 RESPONSE to 44 MOTION (Attachments: # 1 Exhibit, # 2 Exhibit)(Francis, Rebecca) Text Modified on 4/5/2011 (TF). (Entered: 04/04/2011) 04/04/ DECLARATION of Roy Melani filed by Defendant The North American Gay Amateur Athletic Alliance re 47 RESPONSE to 44 MOTION (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit) (Francis, Rebecca) Text Modified on 4/5/2011 (TF). (Entered: 04/04/2011) 04/04/ CERTIFICATE OF SERVICE by Defendant The North American Gay Amateur Athletic Alliance re 47 Response to Motion, 49 Declaration, 50 Declaration, 48 Declaration (non motion), 51 Declaration, 52 Declaration,. (Francis, Rebecca) (Entered: 04/04/2011) 04/04/2011 NOTICE of Docket Text Modification re deft's 47 RESPONSE to pltfs' 44 MOTION for Partial Summary Judgment: Response was incorrectly linked to 33 Motion. Clerk corrected link to pltfs' 44 Motion. (TF) (Entered: 04/05/2011) 04/08/ REPLY, filed by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ, TO RESPONSE to 44 MOTION for Summary Judgment Partial (Attachments: # 1 Appendix Plaintiffs' Evidentiary Issues)(Thomas, Suzanne) (Entered: 04/08/2011) 04/08/ DECLARATION of Suzanne J. Thomas filed by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ re 44 MOTION for Summary Judgment Partial (Thomas, Suzanne) (Entered: 04/08/2011) 04/08/ MOTION to Quash NAGAAA's First and Second Purported Supplemental Initial Disclosures by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ. (Attachments: # 1 Proposed Order) Noting Date 4/29/2011, (Thomas, Suzanne) (Entered: 04/08/2011) 04/08/ DECLARATION of Peter Talevich filed by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ re 56 MOTION to Quash NAGAAA's First and Second Purported Supplemental Initial Disclosures (Thomas, Suzanne) (Entered: 04/08/2011) 04/11/ STIPULATION AND PROPOSED ORDER to Extend Deadlines Regarding 9/15

10 Plaintiffs' Expert Witnesses by parties. (Francis, Rebecca) (Entered: 04/11/2011) 04/12/ ERRATA re 56 MOTION to Quash NAGAAA's First and Second Purported Supplemental Initial Disclosures by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ. (Thomas, Suzanne) (Entered: 04/12/2011) 04/15/ MINUTE ORDER by Judge John C Coughenour, United States District Judge; Pursuant to the parties' 58 Stipulation, the Deadlines Regarding Plaintiffs' Expert Witnesses are extended. (TF) (Entered: 04/15/2011) 04/25/ RESPONSE, by Defendant The North American Gay Amateur Athletic Alliance, to 56 MOTION to Quash NAGAAA's First and Second Purported Supplemental Initial Disclosures. (Francis, Rebecca) (Entered: 04/25/2011) 04/25/ DECLARATION of Roger Leishman filed by Defendant The North American Gay Amateur Athletic Alliance re 56 MOTION to Quash NAGAAA's First and Second Purported Supplemental Initial Disclosures (Attachments: # 1 Exhibit 1-14)(Francis, Rebecca) (Entered: 04/25/2011) 04/29/ REPLY, filed by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ, TO RESPONSE to 56 MOTION to Quash NAGAAA's First and Second Purported Supplemental Initial Disclosures (Thomas, Suzanne) (Entered: 04/29/2011) 04/29/ Supplemental DECLARATION of Peter Talevich filed by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ re 56 MOTION to Quash NAGAAA's First and Second Purported Supplemental Initial Disclosures (Thomas, Suzanne) (Entered: 04/29/2011) 05/12/ MOTION to Exclude Expert Testimony of Professor Goff by Defendant The North American Gay Amateur Athletic Alliance. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Proposed Order) Noting Date 6/3/2011, (Francis, Rebecca) (Entered: 05/12/2011) 05/12/ MOTION to Exclude Expert Testimony of Dr. Kivel by Defendant The North American Gay Amateur Athletic Alliance. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order) Noting Date 6/3/2011, (Francis, Rebecca) (Entered: 05/12/2011) 05/20/ NOTICE of RESCHEDULED JURY TRIAL. The Jury Trial set on Monday, June 13, 2011 at 9:30 a.m. is hereby stricken and is ordered reset on MONDAY, AUGUST 1, 2011 at 9:30 AM in Courtroom before United States District Judge John C. Coughenour. A minute order establishing new cut-off deadlines for filing pretrial pleadings will follow. (PP) (Entered: 05/20/2011) 05/26/ MOTION to Exclude Expert Testimony of Professor Robinson by Defendant The North American Gay Amateur Athletic Alliance. Oral Argument Requested. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Proposed Order) Noting Date 6/10/2011, (Francis, Rebecca) (Entered: 05/26/2011) 05/31/ ORDER by Judge John C Coughenour; The Court GRANTS deft's 33 Motion for Partial Summary Judgment and DENIES pltfs' 44 Motion for Partial Summary Judgment. (TF) (Entered: 05/31/2011) 10/15

11 05/31/ RESPONSE, by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ, to 65 MOTION to Exclude Expert Testimony of Professor Goff. (Thomas, Suzanne) (Entered: 05/31/2011) 05/31/ DECLARATION of Christopher F. Stoll filed by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ re 65 MOTION to Exclude Expert Testimony of Professor Goff (Attachments: # 1 Exhibit)(Thomas, Suzanne) (Entered: 05/31/2011) 05/31/ RESPONSE, by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ, to 66 MOTION to Exclude Expert Testimony of Dr. Kivel. (Thomas, Suzanne) (Entered: 05/31/2011) 05/31/ DECLARATION of Christopher F. Stoll filed by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ re 66 MOTION to Exclude Expert Testimony of Dr. Kivel (Attachments: # 1 Exhibit)(Thomas, Suzanne) (Entered: 05/31/2011) 06/03/ REPLY, filed by Defendant The North American Gay Amateur Athletic Alliance, TO RESPONSE to 66 MOTION to Exclude Expert Testimony of Dr. Kivel (Francis, Rebecca) (Entered: 06/03/2011) 06/03/ REPLY, filed by Defendant The North American Gay Amateur Athletic Alliance, TO RESPONSE to 65 MOTION to Exclude Expert Testimony of Professor Goff (Francis, Rebecca) (Entered: 06/03/2011) 06/06/ RESPONSE, by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ, to 68 MOTION to Exclude Expert Testimony of Professor Robinson. (Thomas, Suzanne) (Entered: 06/06/2011) 06/06/ DECLARATION of Christopher Stoll filed by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ re 68 MOTION to Exclude Expert Testimony of Professor Robinson (Attachments: # 1 Exhibit)(Thomas, Suzanne) (Entered: 06/06/2011) 06/10/ REPLY, filed by Defendant The North American Gay Amateur Athletic Alliance, TO RESPONSE to 68 MOTION to Exclude Expert Testimony of Professor Robinson (Francis, Rebecca) (Entered: 06/10/2011) 06/14/ MOTION for Reconsideration re 69 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 6/14/2011, (Thomas, Suzanne) (Entered: 06/14/2011) 06/20/ NOTICE of Supplemental Authority re 68 MOTION to Exclude Expert Testimony of Professor Robinson, 70 Response to Motion, 65 MOTION to Exclude Expert Testimony of Professor Goff, 72 Response to Motion, 66 MOTION to Exclude Expert Testimony of Dr. Kivel, 76 Response to Motion ; filed by Defendant The North American Gay Amateur Athletic Alliance. (Francis, Rebecca) (Entered: 06/20/2011) 06/21/ RESPONSE by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ re 80 Notice- Other,. (Rowen, Melanie) (Entered: 06/21/2011) 07/01/ ORDER by Judge John C Coughenour; The Court DENIES deft's 65 Motion to Exclude Testimony of Professor Goff; GRANTS deft's 66 Motion to Exclude Testimony of Dr Kivel; DENIES deft's 68 Motion to Exclude Testimony of 11/15

12 Professor Robinson. (TF) (Entered: 07/01/2011) 07/05/ MINUTE ORDER by Judge John C Coughenour, United States District Judge; Trial in this matter is hereby continued to November 7, 2011 at 9:30 a.m. Pretrial order is due by October 28, Trial briefs are to be submitted by November 3, Proposed voir dire/jury instructions are due by November 3, (TF) (Entered: 07/05/2011) 07/07/ ORDER by Judge John C Coughenour; Pltf's 56 Motion to Quash NAGAAA's supplemental initial disclosures is GRANTED in part and DENIED in part. (TF) (Entered: 07/07/2011) 07/15/ MOTION for Reconsideration re 82 Order on Motion to Exclude,,,,, by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ. (Attachments: # 1 Exhibit 1, # 2 Proposed Order) Noting Date 7/15/2011, (Thomas, Suzanne) (Entered: 07/15/2011) 07/21/ MOTION for Leave to Depose Protest Committee Member Brian Ramos by Defendant The North American Gay Amateur Athletic Alliance. (Attachments: # 1 Proposed Order) Noting Date 8/5/2011, (Francis, Rebecca) (Entered: 07/21/2011) 07/21/ ORDER by Judge John C Coughenour; The Court DENIES pltfs' Motions for Reconsideration. See Briefing schedule outlined in Order. (TF) (Entered: 07/22/2011) 07/22/ STIPULATION AND PROPOSED ORDER TO EXTEND DEADLINE TO TAKE THE DEPOSITION OF BILL SANSOM AND PAULA CLINE by parties re 84 Order on Motion to Quash. (Thomas, Suzanne) (Entered: 07/22/2011) 08/01/ Supplemental MOTION for Summary Judgment on Its First Amendment Defense by Defendant The North American Gay Amateur Athletic Alliance. (Attachments: # 1 Proposed Order) Noting Date 8/12/2011, (Francis, Rebecca) (Entered: 08/01/2011) 08/01/ RESPONSE, by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ, to 86 MOTION for Leave to Depose Protest Committee Member Brian Ramos. (Thomas, Suzanne) (Entered: 08/01/2011) 08/01/ DECLARATION of Suzanne J. Thomas filed by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ re 86 MOTION for Leave to Depose Protest Committee Member Brian Ramos (Thomas, Suzanne) (Entered: 08/01/2011) 08/03/ MINUTE ORDER by Judge John C Coughenour, United States District Judge; Based upon the parties' 88 stipulated motion, the deadline for the depositions of Bill Sansom and Paula Cline is extended until August 16, (TF) (Entered: 08/03/2011) 08/04/ REPLY, filed by Defendant The North American Gay Amateur Athletic Alliance, TO RESPONSE to 86 MOTION for Leave to Depose Protest Committee Member Brian Ramos (Francis, Rebecca) (Entered: 08/04/2011) 08/08/ RESPONSE, by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ, to 89 Supplemental MOTION for Summary Judgment on Its First Amendment Defense. Oral Argument Requested. (Thomas, Suzanne) (Entered: 08/08/2011) 12/15

13 08/08/ DECLARATION of Suzanne J. Thomas filed by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ re 89 Supplemental MOTION for Summary Judgment on Its First Amendment Defense (Attachments: # 1 Exhibit, # 2 Exhibit)(Thomas, Suzanne) (Entered: 08/08/2011) 08/08/ DECLARATION of Expert Russell K. Robinson filed by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ re 89 Supplemental MOTION for Summary Judgment on Its First Amendment Defense (Attachments: # 1 Exhibit)(Thomas, Suzanne) (Entered: 08/08/2011) 08/08/ DECLARATION of Expert B. Dana Kivel filed by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ re 89 Supplemental MOTION for Summary Judgment on Its First Amendment Defense (Attachments: # 1 Exhibit)(Thomas, Suzanne) (Entered: 08/08/2011) 08/09/ ERRATA re 94 Response to Motion Corrected Plaintiffs' Response in Opposition to Granting Partial Summary Judgment to NAGAAA by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ. (Attachments: # 1 Errata Plaintiffs' Response in Opposition to Granting Partial Summary Judgment to NAGAAA)(Thomas, Suzanne) (Entered: 08/09/2011) 08/12/ REPLY, filed by Defendant The North American Gay Amateur Athletic Alliance, TO RESPONSE to 89 Supplemental MOTION for Summary Judgment on Its First Amendment Defense (Francis, Rebecca) (Entered: 08/12/2011) 08/15/ SURREPLY filed by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ re 89 Supplemental MOTION for Summary Judgment on Its First Amendment Defense Plaintiffs' Sur-Reply Regarding NAGAAA's Reply in Opposition to Granting Partial Summary Judgment to NAGAAA (Thomas, Suzanne) (Entered: 08/15/2011) 09/09/ MINUTE ORDER by Judge John C Coughenour, United States District Judge; The Court STRIKES pltfs' 98 over-length brief. Pltf shall re-file their response by 9/13/2011. Deft may submit a new reply by 9/16/2011. (TF) (Entered: 09/09/2011) 09/13/ RESPONSE, by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ, to 89 Supplemental MOTION for Summary Judgment on Its First Amendment Defense. (Thomas, Suzanne) (Entered: 09/13/2011) 09/14/ PRAECIPE re 95 Declaration Notice of Correction to Exhibits 1-3, 9-12 to Declaration of Suzanne Thomas, Docket # 95 by Plaintiff Steven Apilado. (Attachments: # 1 Exhibit Replacement of Exhibit 1, # 2 Exhibit Replacement of Exhibits 2 and 3, # 3 Exhibit Replacement of Exhibit 9, # 4 Exhibit Replacment of Exhibit 10, # 5 Exhibit Replacement of Exhibit 11, # 6 Exhibit Replacement of Exhibit 12)(Talevich, Peter) (Entered: 09/14/2011) 09/16/ REPLY BRIEF [of NAGAAA to Plaintiffs' Revised Response to NAGAAA's Supplemental Brief for Partial Summary Judgment] re 89 Supplemental MOTION for Summary Judgment on Its First Amendment Defense, 102 Response to Motion by Defendant The North American Gay Amateur Athletic Alliance.. (Francis, Rebecca) (Entered: 09/16/2011) 09/20/ SURREPLY filed by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ re /15

14 Supplemental MOTION for Summary Judgment on Its First Amendment Defense (Thomas, Suzanne) (Entered: 09/20/2011) 10/04/ ORDER by Judge John C Coughenour; The Court DENIES deft's 86 Motion for Leave to Depose Protest Committee member Brian Ramos. (TF) (Entered: 10/04/2011) 10/20/ MOTIONS IN LIMINE by Defendant The North American Gay Amateur Athletic Alliance. (Attachments: # 1 Exhibit A-I, # 2 Proposed Order) Noting Date 11/4/2011, (Francis, Rebecca) (Entered: 10/20/2011) 10/20/ MOTIONS IN LIMINE by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ. (Attachments: # 1 Proposed Order) Noting Date 11/4/2011, (Thomas, Suzanne) (Entered: 10/20/2011) 10/20/ MOTIONS IN LIMINE by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ. (Attachments: # 1 Exhibit) Noting Date 11/4/2011, (Thomas, Suzanne) (Entered: 10/20/2011) 10/26/ REQUEST for Referral to a Settlement Judge [re scheduling a settlement conference] by Defendant The North American Gay Amateur Athletic Alliance for Referral to a Settlement Judge. (Reiss, Michael) (Entered: 10/26/2011) 10/26/ OBJECTIONS re 110 Request for Referral to a Settlement Judge by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ. (Talevich, Peter) (Entered: 10/26/2011) 10/26/ DECLARATION of Suzanne Thomas in Support of Plaintiff's Objection to and Motion to Strike NAGAAA's Request for Referral to a Settlement Judge re 110 Request by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ. (Talevich, Peter) (Entered: 10/26/2011) 10/27/ MINUTE ORDER by John C. Coughenour, United States District Judge. Trial in this matter is hereby CONTINUED from November 7, 2011 to December 12, 2011 at 9:30 a.m. Defendant's request for a settlement conference is DENIED. (CL) (Entered: 10/28/2011) 11/03/ MINUTE ORDER by Judge John C Coughenour, United States District Judge; The parties' MOTIONS IN LIMINE are RENOTED: Noting Date 12/9/2011. (TF) (Entered: 11/04/2011) 11/10/ Stipulated MOTION TO RE-SET CASE SCHEDULE DEADLINES by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ. (Attachments: # 1 Proposed Order) Noting Date 11/10/2011, (Thomas, Suzanne) (Entered: 11/10/2011) 11/10/ ORDER by Judge John C Coughenour; The Court finds that NAGAAA's 89 Motion for Partial Summary Judgment on Plaintiffs' WLAD claims is GRANTED. NAGAAA's 104 Motion to Strike is DENIED. NAGAAA's 110 Request for referral to a settlement judge is DENIED. (TF) (Entered: 11/14/2011) 11/14/ ORDER GRANTING 115 STIPULATED MOTION TO RE-SET CASE SCHEDULE DEADLINES by Judge John C Coughenour; Pretrial Order is due 12/2/2011, Trial briefs and Proposed voir dire/jury instructions are due by 12/8/2011. (TF) (Entered: 11/15/2011) 14/15

15 11/25/ MOTION for Reconsideration re 116 Order on Motion for Summary Judgment, by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ. Oral Argument Requested. Noting Date 11/25/2011, (Thomas, Suzanne) (Entered: 11/25/2011) 11/25/ NOTICE of Settlement by Plaintiffs Steven Apilado, LaRon Charles, Jon Russ (Thomas, Suzanne) (Entered: 11/25/2011) 11/29/ RESPONSE, by Defendant The North American Gay Amateur Athletic Alliance, to 118 MOTION for Reconsideration re 116 Order on Motion for Summary Judgment,. (Francis, Rebecca) (Entered: 11/29/2011) 11/29/ DECLARATION of Michael Reiss re 118 MOTION for Reconsideration re 116 Order on Motion for Summary Judgment,, 120 Response to Motion by Defendant The North American Gay Amateur Athletic Alliance. (Francis, Rebecca) (Entered: 11/29/2011) 12/02/ STIPULATION AND PROPOSED ORDER STIPULATED VOLUNTARY DISMISSAL WITH PREJUDICE by parties. (Thomas, Suzanne) (Entered: 12/02/2011) 12/05/ ORDER GRANTING 122 STIPULATED VOLUNTARY DISMISSAL WITH PREJUDICE by Judge John C Coughenour. (TF) (Entered: 12/05/2011) PACER Login: Description: PACER Service Center Transaction Receipt 10/13/ :56:17 cb9941: :0 Client Code: Docket Report Search Criteria: Billable Pages: 11 Cost: :10-cv JCC 15/15