Cite as: 534 U. S. 533 (2002)
Opinion of the Court
On or about August 29, 1996, each petitioner filed a separate complaint against respondent Board of Regents of the University of Minnesota (hereinafter respondent), in the United States District Court for the District of Minnesota. 620 N. W. 2d, at 681; App. to Pet. for Cert. A-41. Each complaint alleged a federal cause of action under the ADEA and a state cause of action under the MHRA. The suits were subsequently consolidated. 604 N. W. 2d 128, 130 (Minn. App. 2000). Respondent filed answers to these complaints in September 1996, setting forth eight affirmative defenses, including that the suits were " 'barred in whole or in part by Defendant's Eleventh Amendment immunity.' " Brief for Petitioners 4. The District Court entered a scheduling plan that the parties agreed upon. According to the plan, discovery would finish by May 30, 1997, and dispositive motions would be filed by July 15, 1997. Ibid. The parties then engaged in discovery as well as mediation. Ibid.
In early July 1997, respondent filed its motion to dismiss petitioners' claims pursuant to Federal Rule of Civil Procedure 12(b)(1). Brief for Petitioners 5, n. 5. The motion argued that the federal and state law claims were barred by the Eleventh Amendment. Brief for Respondent Regents of the University of Minnesota 5. Petitioners' response acknowledged respondent's " 'potential Eleventh Amendment immunity from state discrimination claims in Federal Court,' " but urged the District Court to exercise supplemental jurisdiction over the state claims if the federal claims were upheld. Brief for Petitioners 5-6. On July 11, 1997, the District Court granted respondent's Rule 12(b)(1) motion and dismissed all of petitioners' claims. App. to Pet. for Cert. A-39. Petitioners appealed, but the appeal was stayed pending this Court's decision in Kimel v. Florida Bd. of Regents, 528 U. S. 62 (2000). 620 N. W. 2d, at 682. Kimel held that the "ADEA does not validly abrogate the States' sovereign immunity." 528 U. S., at 92. Given that result, petitioners moved to withdraw their appeal, and it
537
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