Hardie

ORDER:

(1) GRANTING THE NCAA’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT;

(2) DENYING AS MOOT THE NCAA’S MOTIONS TO STRIKE;

(3)DENYING AS MOOT THE PARTIES’ JOINT MOTION TO CONTINUE PRETRIAL CONFERENCE

I. INTRODUCTION

Before the Court is Defendant The National Collegiate Athletic Association’s (the “NCAA”) Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment. (ECF No. 132.) Plaintiff Dominic Hardie (“Plaintiff’) opposes. (ECF No. 142.)

The parties have fully briefed the motion. (ECF Nos. 132, 142, 146.) A hearing was held on March 5, 2015. (ECF No. 155.) Upon review of the moving papers, admissible evidence, oral argument, and applicable law, the Court finds that Title II of the Civil Rights Act of 1964 does not encompass a disparate impact theory of discrimination and therefore GRANTS Defendant’s motion for summary judgment.

II. PROCEDURAL HISTORY

On February 13, 2013, Plaintiff filed a complaint, alleging racial discrimination, against the NCAA, Alliant International *1164 University, International Girls Basketball Organization, and Town and Country Hotel, LLC. (ECF No. 1.) On May 31, 2013, the Honorable Gonzalo…