Melissa Batie-Smoose v. The Board of Trustees of the California State University

Court
N.D. Cal.
Docket number
5:26-cv-01876
Filed
Last filing
Assigned judge
Noel Wise
Referred judge
Nathanael M. Cousins
Nature of suit
442 Civil Rights: Jobs
Cause
42:2000 Job Discrimination (Sex)
Jurisdiction
Federal Question
Jury demand
Both
Case
Melissa Batie-Smoose v. The Board of Trustees of the California State University
Cite
Batie-Smoose v. Bd. of Trs. of the Cal. State Univ., No. 5:26-cv-01876 (N.D. Cal. filed Mar. 5, 2026)
Source
Docket on CourtListener(opens another site)

The 2 court documents filed in this docket, as listed for its case.

Docket entries

The entries the archive holds for this docket. For the full docket, use the link above.

Docket entries
No.DateDescriptionDocument
1COMPLAINT Receipt No: ACACDC-40533577 - Fee: $405, filed by Plaintiff Melissa Batie-Smoose. (Attachments: # 1 Exhibit) (Attorney Mary E McAlister added to party Melissa Batie-Smoose(pty:pla))(McAlister, Mary) (Entered: 09/19/2025)Open(opens another site)
2CIVIL COVER SHEET filed by Plaintiff Melissa Batie-Smoose. (McAlister, Mary) (Entered: 09/19/2025)Open(opens another site)
3CERTIFICATE of Interested Parties filed by Plaintiff Melissa Batie-Smoose, identifying None. (McAlister, Mary) (Entered: 09/24/2025)Open(opens another site)
4NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Alka Sagar. (et) (Entered: 09/25/2025)Open(opens another site)
5NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 09/25/2025)Open(opens another site)
6Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) (Entered: 09/25/2025)Open(opens another site)
7NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Ernest G. Trakas on behalf of Plaintiff. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at [email address removed]. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (et) (Entered: 09/25/2025)Open(opens another site)
8NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Vernadette R. Broyles on behalf of Plaintiff. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at [email address removed]. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (et) (Entered: 09/25/2025)Open(opens another site)
9NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kevin R. Smith on behalf of Plaintiff. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at [email address removed]. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (et) (Entered: 09/25/2025)Open(opens another site)
10APPLICATION of Non-Resident Attorney VERNADETTE R. BROYLES to Appear Pro Hac Vice on behalf of Plaintiff Melissa Batie-Smoose (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-40579185) filed by PLAINTIFF Melissa Batie-Smoose. (Attachments: # 1 Exhibit Good Standing_Georgia) (Kennedy, Jennifer) (Entered: 09/26/2025)Open(opens another site)
11APPLICATION of Non-Resident Attorney KEVIN R. SMITH to Appear Pro Hac Vice on behalf of Plaintiff Melissa Batie-Smoose (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-40579264) filed by PLAINTIFF Melissa Batie-Smoose. (Attachments: # 1 Exhibit Good Standing_Kentucky) (Kennedy, Jennifer) (Entered: 09/26/2025)Open(opens another site)
12APPLICATION of Non-Resident Attorney ERNIE G. TRAKAS to Appear Pro Hac Vice on behalf of Plaintiff Melissa Batie-Smoose (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-40579314) filed by PLAINTIFF Melissa Batie-Smoose. (Attachments: # 1 Exhibit Good Standing_Missouri) (Kennedy, Jennifer) (Entered: 09/26/2025)Open(opens another site)
13NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney VERNADETTE R. BROYLES to Appear Pro Hac Vice on behalf of Plaintiff Melissa Batie-Smoose (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-40579185) 10 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. (aus) (Entered: 09/29/2025)Open(opens another site)
14NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney KEVIN R. SMITH to Appear Pro Hac Vice on behalf of Plaintiff Melissa Batie-Smoose (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-40579264) 11 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. (aus) (Entered: 09/29/2025)Open(opens another site)
15NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney ERNIE G. TRAKAS to Appear Pro Hac Vice on behalf of Plaintiff Melissa Batie-Smoose (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-40579314) 12 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. (aus) (Entered: 09/29/2025)Open(opens another site)
16INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (dd) (Entered: 09/30/2025)Open(opens another site)
17[STRICKEN PER ORDER 18 ON 10/1/2025] SCHEDULING AND CASE MANAGEMENT ORDER RE COURT TRIAL by Judge Dolly M. Gee: The Court has scheduled the dates set forth on the last page of this Order after review of the parties' Joint Scheduling Conference Report. Therefore, theCourt deems a Scheduling Conference unnecessary and hereby vacates the hearing. Bench Trial set for 12/8/2026 09:30 AM before Judge Dolly M. Gee. Final Pretrial Conference set for 11/10/2026 02:00 PM before Judge Dolly M. Gee. See document for further details. (gk) Modified on 10/1/2025 (dd). (Entered: 10/01/2025)Open(opens another site)
18(IN CHAMBERS) ORDER by Chief Judge Dolly M. Gee. Due to a clerical error, the Scheduling and Case Management Order 17 was entered into the wrong action. The Scheduling Order is hereby STRICKEN and all dates set in the order are VACATED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dd) TEXT ONLY ENTRY (Entered: 10/01/2025)Open(opens another site)
19Notice of Appearance or Withdrawal of Counsel: for attorney Bryan H. Heckenlively counsel for Defendant The Board of Trustees of the California State University. Adding Bryan H. Heckenlively as counsel of record for Board of Trustees of the California State University for the reason indicated in the G-123 Notice. Filed by Defendant Board of Trustee of the California State University. (Attorney Bryan H. Heckenlively added to party The Board of Trustees of the California State University(pty:dft))(Heckenlively, Bryan) (Entered: 10/06/2025)Open(opens another site)
20CERTIFICATE of Interested Parties filed by Defendant The Board of Trustees of the California State University, (Heckenlively, Bryan) (Entered: 10/06/2025)Open(opens another site)
21Notice of Appearance or Withdrawal of Counsel: for attorney Jennifer Lynn Bryant counsel for Defendant The Board of Trustees of the California State University. Adding Jennifer L Bryant as counsel of record for Board of Trustees of the California State University for the reason indicated in the G-123 Notice. Filed by Defendant Board of Trustee of the California State University. (Attorney Jennifer Lynn Bryant added to party The Board of Trustees of the California State University(pty:dft))(Bryant, Jennifer) (Entered: 10/06/2025)Open(opens another site)
22Notice of Appearance or Withdrawal of Counsel: for attorney Joanna Berney Hull counsel for Defendant The Board of Trustees of the California State University. Adding Joanna B. Hall as counsel of record for Board of Trustees of the California State University for the reason indicated in the G-123 Notice. Filed by Defendant Board of Trustee of the California State University. (Attorney Joanna Berney Hull added to party The Board of Trustees of the California State University(pty:dft))(Hull, Joanna) (Entered: 10/06/2025)Open(opens another site)
23Notice of Appearance or Withdrawal of Counsel: for attorney Brian P. Villarreal counsel for Defendant The Board of Trustees of the California State University. Adding Brian P. Villarreal as counsel of record for Board of Trustees of the California State University for the reason indicated in the G-123 Notice. Filed by Defendant Board of Trustee of the California State University. (Attorney Brian P. Villarreal added to party The Board of Trustees of the California State University(pty:dft))(Villarreal, Brian) (Entered: 10/06/2025)Open(opens another site)
24[SEE NOTICE OF CLERICAL ERROR ECF. 25] CIVIL STANDING ORDER by Judge Serena R. Murillo. (gga) Modified on 10/9/2025 (gga). (Entered: 10/09/2025)Open(opens another site)
25NOTICE OF CLERICAL ERROR. The Civil Standing Order 24 was inadvertently filed in the incorrect case. The parties shall disregard docket entry 24 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY (Entered: 10/09/2025)Open(opens another site)
26APPLICATION of Non-Resident Attorney VERNADETTE R. BROYLES to Appear Pro Hac Vice on behalf of Plaintiff Melissa Batie-Smoose (Pro Hac Vice Fee - $500.00 Previously Paid on 9/26/2025, Receipt No. 40579185) filed by Plaintiff Melissa Batie-Smoose. (Attachments: # 1 Supplement Cert of Good Standing GA, # 2 Proposed Order Granting PHV Admission) (Kennedy, Jennifer) (Entered: 10/16/2025)Open(opens another site)
27APPLICATION of Non-Resident Attorney KEVIN R. SMITH to Appear Pro Hac Vice on behalf of Plaintiff Melissa Batie-Smoose (Pro Hac Vice Fee - $500.00 Previously Paid on 9/26/2025, Receipt No. 40579264) filed by Plaintiff Melissa Batie-Smoose. (Attachments: # 1 Supplement Cert Good Standing KY, # 2 Proposed Order Granting PHV Admission) (Kennedy, Jennifer) (Entered: 10/16/2025)Open(opens another site)
28APPLICATION of Non-Resident Attorney ERNEST G. TRAKAS to Appear Pro Hac Vice on behalf of Plaintiff Melissa Batie-Smoose (Pro Hac Vice Fee - $500.00 Previously Paid on 9/26/2025, Receipt No. 40579314) filed by Plaintiff Melissa Batie-Smoose. (Attachments: # 1 Supplement Cert Good Standing MO, # 2 Proposed Order Granting PHV Admission) (Kennedy, Jennifer) (Entered: 10/16/2025)Open(opens another site)
29NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney VERNADETTE R. BROYLES to Appear Pro Hac Vice on behalf of Plaintiff Melissa Batie-Smoose (Pro Hac Vice Fee - $500.00 Previously Paid on 9/26/2025, Receipt No. 40579185) 26 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. (aus) (Entered: 10/17/2025)Open(opens another site)
30NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney KEVIN R. SMITH to Appear Pro Hac Vice on behalf of Plaintiff Melissa Batie-Smoose (Pro Hac Vice Fee - $500.00 Previously Paid on 9/26/2025, Receipt No. 40579264) 27 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. (aus) (Entered: 10/17/2025)Open(opens another site)
31NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney ERNEST G. TRAKAS to Appear Pro Hac Vice on behalf of Plaintiff Melissa Batie-Smoose (Pro Hac Vice Fee - $500.00 Previously Paid on 9/26/2025, Receipt No. 40579314) 28 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. (aus) (Entered: 10/17/2025)Open(opens another site)
32APPLICATION of Non-Resident Attorney Vernadette R. Broyles to Appear Pro Hac Vice on behalf of Plaintiff Melissa Batie-Smoose (Pro Hac Vice Fee - $500.00 Previously Paid on 9/26/2025, Receipt No. 40579185) filed by Plaintiff Melissa Batie-Smoose. (Attachments: # 1 Supplement Certificate of Good Standing, # 2 Proposed Order Granting Admission Pro Hac Vice) (Kennedy, Jennifer) (Entered: 10/17/2025)Open(opens another site)
33APPLICATION of Non-Resident Attorney Kevin R. Smith to Appear Pro Hac Vice on behalf of Plaintiff Melissa Batie-Smoose (Pro Hac Vice Fee - $500.00 Previously Paid on 9/26/2025, Receipt No. 40579264) filed by Plaintiff Melissa Batie-Smoose. (Attachments: # 1 Supplement Certificate of Good Standing, # 2 Proposed Order Granting Admission Pro Hac Vice) (Kennedy, Jennifer) (Entered: 10/17/2025)Open(opens another site)
34APPLICATION of Non-Resident Attorney Ernest G. Trakas to Appear Pro Hac Vice on behalf of Plaintiff Melissa Batie-Smoose (Pro Hac Vice Fee - $500.00 Previously Paid on 9/26/2025, Receipt No. 40579314) filed by Plaintiff Melissa Batie-Smoose. (Attachments: # 1 Supplement Certificate of Good Standing, # 2 Proposed Order Granting Admission Pro Hac Vice) (Kennedy, Jennifer) (Entered: 10/17/2025)Open(opens another site)
35ORDER by Judge Dolly M. Gee: granting 32 Non-Resident Attorney Vernadette R. Broyles APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Melissa Batie-Smoose, designating Jennifer Kennedy as local counsel. THERE IS NO PDF ASSOCIATED WITH THIS ENTRY(aus) (Entered: 10/21/2025)Open(opens another site)
36ORDER by Judge Dolly M. Gee: granting 33 Non-Resident Attorney Kevin R. Smith APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Melissa Batie-Smoose, designating Jennifer Kennedy as local counsel. THERE IS NO PDF ASSOCIATED WITH THIS ENTRY(aus) (Entered: 10/21/2025)Open(opens another site)
37ORDER by Judge Dolly M. Gee: granting 34 Non-Resident Attorney Ernest G. Trakas APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Melissa Batie-Smoose, designating Jennifer Kennedy as local counsel. THERE IS NO PDF ASSOCIATED WITH THIS ENTRY(aus) (Entered: 10/21/2025)Open(opens another site)
38First AMENDED COMPLAINT against Defendant The Board of Trustees of the California State University amending Complaint (Attorney Civil Case Opening) 1, filed by Plaintiff Melissa Batie-Smoose (Attachments: # 1 Exhibit Employment Contract)(McAlister, Mary) (Entered: 11/21/2025)Open(opens another site)
39Joint STIPULATION for Extension of Time to File RESPONSE TO AMENDED COMPLAINT AND SET BRIEFING SCHEDULE FOR MOTION TO DISMISS filed by Defendant The Board of Trustees of the California State University. (Attachments: # 1 Declaration of Bryan H. Heckenlively, # 2 Proposed Order)(Heckenlively, Bryan) (Entered: 11/26/2025)Open(opens another site)
40ORDER APPROVING STIPULATION TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT AND SET BRIEFING SCHEDULE FOR MOTION TO DISMISS by Judge Dolly M. Gee: The Court hereby APPROVES the Stipulation 39 and orders that Defendant Board of Trustees of the California State University shall file its response to the First Amended Complaint 38 no later than 12/19/2025. If Defendant files a Federal Rule of Civil Procedure 12 motion, Plaintiff shall file her opposition no later than 1/28/2026. Defendant shall file its reply no later than 2/11/2026. Defendant shall notice the hearing for the motion on 2/27/2026 at 9:30 AM or as soon thereafter as is available on the Court's calendar. (gk) (Entered: 11/26/2025)Open(opens another site)
41NOTICE of Appearance filed by attorney Kevin R. Smith on behalf of Plaintiff Melissa Batie-Smoose (Smith, Kevin) (Entered: 12/05/2025)Open(opens another site)
42NOTICE OF MOTION AND MOTION to Dismiss Case, NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of California, San Jose Division filed by defendant The Board of Trustees of the California State University. Motion set for hearing on 2/27/2026 at 09:30 AM before Judge Dolly M. Gee. (Attachments: # 1 Memorandum OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS RULE 12(b) MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO TRANSFER, # 2 Declaration OF BRYAN H. HECKENLIVELY, # 3 Exhibit 1 TITLE IX COMPLAINT, # 4 Exhibit 2 EEOC CHARGE, # 5 Exhibit 3 FOX NEWS ARTICLE, # 6 Exhibit 4 REDLINE OF COMPLAINT, # 7 Declaration OF LAURA ALEXANDER, # 8 Declaration OF TODD KRESS, # 9 Declaration OF MICHELLE SMITH MCDONALD, # 10 Proposed Order) (Heckenlively, Bryan) (Entered: 12/19/2025)Open(opens another site)
43APPLICATION to FILE UNDER SEAL filed by defendant The Board of Trustees of the California State University. (Attachments: # 1 Exhibit 1 TITLE IX COMPLAINT, # 2 Proposed Order) (Heckenlively, Bryan) (Entered: 12/19/2025)Open(opens another site)
44SEALED DOCUMENT - APPLICATION to file document under seal filed by Defendant The Board of Trustees of the California State University. (Attachments: # 1 Exhibit 1 TITLE IX COMPLAINT)(Heckenlively, Bryan) [DOCUMENT SEALED PER ORDER ON 12/22/2025, SEE DOCKET NO. 49] Modified on 12/24/2025 (gk). (Entered: 12/19/2025)Open(opens another site)
45NOTICE OF MOTION AND MOTION to file document DOCKET NO. 44 and 44-1 PERMANENTLY under seal filed by Defendant The Board of Trustees of the California State University. (Attachments: # 1 Proposed Order)(Bryant, Jennifer) (Entered: 12/19/2025)Open(opens another site)
46ORDER GRANTING BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY'S APPLICATION FOR LEAVE TO FILE DOCUMENT UNDER SEAL 43 44 by Judge Dolly M. Gee: (SEE DOCUMENT FOR FURTHER DETAILS) (chk) (Entered: 12/23/2025)Open(opens another site)
47SEALED DOCUMENT Exhibit 1 re NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of California, San Jose Division 42, Order on Motion for Leave, Order on Motion for Leave to File Document Under Seal 46 filed by Defendant The Board of Trustees of the California State University.(Heckenlively, Bryan) (Entered: 12/23/2025)Open(opens another site)
48PROOF OF SERVICE filed by Defendant The Board of Trustees of the California State University, re Sealed Document, 47 EXHIBIT 1 served on December 23, 2025. (Heckenlively, Bryan) (Entered: 12/23/2025)Open(opens another site)
49ORDER GRANTING DEFENDANT BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY'S MOTION TO PERMANENTLY SEAL INADVERTENTLY PUBLICLY FILED DOCUMENTS by Judge Dolly M. Gee: Having considered Defendants' Motion to Permanently Seal Inadvertently Publicly Filed Documents, and Defendants' Application to File Under Seal 45, the Court ORDERS that the documents filed on the docket at Doc Nos. 44 and 44-1 shall be sealed. (gk) (Entered: 12/24/2025)Open(opens another site)
50OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of California, San Jose Division 42 filed by Plaintiff Melissa Batie-Smoose. (Trakas, Ernest) (Entered: 01/28/2026)Open(opens another site)