Paton v. New Mexico Highlands UniVersity

MURPHY, Circuit Judge.

I. INTRODUCTION

Plaintiffs-Appellants filed a complaint against Defendants-Appellees containing, inter alia, allegations asserted on behalf of a class of female student athletes. More than two years passed before the district court certified the class. At the close of trial, but before the matter was submitted to the jury, the court granted Defendants’ motion to decertify the class, concluding that trial testimony had demonstrated that no named plaintiff was a member of the class on the date the motion for class certification was filed. The jury thereafter returned a…