IN THE UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF INDIANA

INDIANAPOLIS DIVISION

AMBER PARKER, on behalf of her minor daughter J.L.P., and TAMMY HURLEY on

 behalf of her minor daughter, C.H.,

Plaintiffs,

v.

INDIANA HIGH SCHOOL ATHLETICASSOCIATION, et al,

Defendants.

))))))))))))

Cause No. 1:09-CV-0885 WTL-WGH

CONSENT DECREE

This Consent Decree (“Decree”) is made and entered into this 10th day of October 2012

 by and between Plaintiffs, AMBER PARKER, on behalf of her minor daughter J.L.P., and

TAMMY HURLEY on behalf of her minor daughter, C.H., and their attorneys and the

Defendants, Franklin County Community School Corporation, South Dearborn Community

School Corporation, Decatur County Community Schools, Lawrenceburg Community School

Corporation, Greensburg Community Schools, Sunman-Dearborn Community School

Corporation, Richmond Community Schools, Batesville Community School Corporation,

Jennings County Schools, Rush County Schools desiring to settle all matters relating to or arising

out of Plaintiffs’ claims of discrimination and the events alleged in the Complaint filed with the

United States District Court, Southern District of Indiana, Cause No. 1:09-CV-0885 WTL-WGH

(the “Lawsuit”), Plaintiffs and the Defendants (collectively referred to herein as “the Parties”)

hereby knowingly and voluntarily agree to the following terms and conditions.

1. Plaintiffs and Defendants agree and understand that this Decree does not

constitute an admission by the Defendants, their affiliates, predecessors, successors, assigns,

Case 1:09-cv-00885-WTL-WGH Document 144 Filed 10/12/12 Page 1 of 4 PageID #: 2457

 

2

related entities, and any and all of its and their respective past or present employees, board

members, officers, directors, partners, insurers, agents, representatives, attorneys, accountants,

and actuaries that it or they engaged in any unlawful acts with regard to any of the claims or 

events alleged in the Lawsuit. Further, Defendants vigorously contest liability and are entering

into this Decree solely for the purpose of avoiding additional costs of litigation.

Therefore, it is hereby ORDERED, ADJUDGED, and DECREED as follows:

I. GENERAL PROVISIONS AND INJUNCTIVE RELIEF

2. Defendants agree to schedule regular season Franklin County Girls’ Varsity

 basketball games on a day when school is not scheduled for the following day (hereinafter 

“prime time”) in a gradually increasing manner such that compared to the 2011-2012 Girls’

schedule:

a. There will be at least two more Girls’ games scheduled in prime time during

the 2013-14 school year than were scheduled in 2011-12.

 b. There will be at least four more games scheduled in prime time during the

2014-15 school year than were scheduled in 2011-12.

c. There will be at least six more games scheduled in prime time during the

2015-16 school year than were scheduled in 2011-12.

d. During and after the 2016-17 school year, Boys’ and Girls’ varsity basketball

games at Franklin will be equally scheduled during prime time with a “safe

harbor” for Defendants of not more than a two game differential during prime

time.

3. In complying with the requirements of paragraph 2, Defendants may schedule

Saturday afternoon games but to the extent those are scheduled, those will be divided over the

Case 1:09-cv-00885-WTL-WGH Document 144 Filed 10/12/12 Page 2 of 4 PageID #: 2458

 

3

term of the Decree, plus or minus 1 game, if an odd number of games are scheduled for Saturday

afternoon).

4. The Plaintiffs shall execute a separate, complete release of all claims for damages

and attorney fees, except for those attorney fees specifically addressed in paragraph 6 of this

Decree.

II. REPORTING AND RECORD KEEPING

5. The Defendants will report annually in writing to the Court with a copy to

Plaintiffs’ counsel to include the next year’s Boys’ and Girls’ schedules and identifying the

improvements called for in paragraph 2. The first report will be due May 13, 2013.

6. Unless Plaintiffs seek a court order successfully compelling enforcement of this

Decree due to non-compliance by Defendants, the amount of attorney fees for reporting and

recordkeeping that will be owed by Franklin County Schools to Plaintiffs shall be limited to

$500 per year.

7. This Decree, and the release of all claims, constitute, the entire agreement

 between Plaintiffs and the Defendants and supersedes any previous communications,

representations or agreements, whether oral or written, with respect to the subject matter hereof.

The parties agree they will not file with the Court the release of all claims.

III. TERMINATION

This Decree will terminate thirty (30) days after the filing of the final report submitted by

Defendants on or before May 13, 2017. However, to encourage more prompt action, the

Plaintiffs agree to dissolution of the Decree if the goals contained in paragraph 2 are reached at

an earlier date.

Case 1:09-cv-00885-WTL-WGH Document 144 Filed 10/12/12 Page 3 of 4 PageID #: 2459

 

4

For Plaintiffs:

/s/ William R. Groth w/permissionWilliam R. Groth, Esq.Fillenwarth Dennerline Groth & Towe LLP429 E. Vermont Street, Suite 200Indianapolis, IN 46202wgroth@fdgtlaborlaw.com

/s/ Mark W. Sniderman w/ permission

Mark W. Sniderman, Esq.Caplin Sniderman, P.C.11595 N. Meridian Street, Suite 300Carmel, IN 46032mark@caplinlaw.com

For Defendants:

/s/ Anthony W. Overholt 

Anthony W. Overholt, Esq.FROST BROWN TODD LLC201 North Illinois Street, Suite 1900P.O. Box 44961Indianapolis, IN 46244-0961aoverholt@fbtlaw.com

APPROVED: Date:

 ___________________________ __________________________ William T. LawrenceJudge, United States District CourtSouthern District of Indiana

INDLibrary1 LR00264.0569349 1079746v1

Case 1:09-cv-00885-WTL-WGH Document 144 Filed 10/12/12 Page 4 of 4 PageID #: 2460