DULUTH, Minn. – A half-day of private settlement talks this week failed to resolve the $18 million discrimination suit brought against the University of Minnesota-Duluth by three former women’s sports coaches.
U.S. Magistrate Judge Leo Brisbois spent 3 hours and 40 minutes meeting with two attorneys for each side in his chambers and courtroom at the Federal Building in Duluth on Wednesday.
Settlement conferences are routinely ordered by judges before civil cases can proceed to trial. The discussions allow a magistrate or independent mediator to work with the parties to assess the merits of the case and attempt to facilitate a mutually acceptable agreement.
The negotiations are confidential, so attorneys would not disclose the substance of the meeting. But neither side seemed particularly surprised by the lack of a resolution.
“It’s very typical for the court to schedule at least one settlement conference, and this one was scheduled many months ago,” said Dan Siegel, an attorney for the plaintiffs, who took part in the discussions. “What was said and done is confidential by order of court, but I can say that we spoke with the judge and the judge spoke with the attorneys for UMD and there was no settlement.”
Tim Pramas, senior associate general counsel for the University of Minnesota, issued a similar statement after the meeting.
“Court-ordered settlement conferences are a standard part of the judicial process for cases in our federal district,” he said. “We remain strong in our belief that the claims of discrimination are unfounded. The university will continue to vigorously defend itself and fight the lawsuit to the conclusion through the legal process. We believe we have a strong case based on the facts and the law.”
Former women’s hockey coach Shannon Miller, former women’s softball coach Jen Banford and former women’s basketball coach Annette Wiles filed the suit against UMD in September 2015, alleging discrimination on the basis of age, gender, sexual orientation or national origin.
The university has argued that the 2014 nonrenewal of Miller’s contract came due to declining performance and financial considerations, and that Banford and Wiles left their posts voluntarily.
The unsuccessful settlement conference paves the way for the case to proceed to a jury trial, barring resolution through a court order or a late agreement between the parties.
Senior U.S. District Judge Michael Davis on Wednesday was assigned to hear the case, replacing Judge Richard Kyle, who will be unavailable due to a medical leave. Kyle had told the attorneys to be prepared for trial as early as September — though it now appears unlikely that the case will be ready that soon.
UMD has filed a motion for summary judgment, asking the judge to forego a trial and rule that the undisputed evidence of the case is overwhelmingly in its favor. Davis is expected to schedule a hearing for oral arguments before ruling on that motion.
If summary judgment is denied, the judge also would consider a university motion to separate the case into separate trials for each plaintiff.
Attorneys said a combined trial would last about three weeks, while separate trials would take about a week apiece. Any trials would be held in Duluth.