DOE v. UNIVERSITY OF SOUTHERN INDIANA
| John Doe |
| UNIVERSITY OF SOUTHERN INDIANA |
| 3:2021cv00144 |
| September 29, 2021 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Tanya Walton Pratt |
| Richard L Young |
| Civil Rights: Education |
| 20 U.S.C. § 1681 |
| Plaintiff |
Docket Report
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Filing 82
SCHEDULING ORDER - Plaintiff's Motion for Preliminary Injunction Dkt. #33 is set for oral argument on Friday, December 17, 2021 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building U.S. Courthouse, Indianapolis, Indiana. Parties are allotted forty-five minutes each. Signed by Judge Tanya Walton Pratt on 11/19/2021.(AAS)
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Filing 81
NOTICE of Filing Redacted Exhibit F Regarding Dkt. #63 SEALED Exhibit F, re #58 Response in Opposition to Motion by UNIVERSITY OF SOUTHERN INDIANA (Attachments: #1 Exhibit F - September 10, 2021 Email to Jane) (Harrison, Joseph) Modified on 11/18/2021 (AAS).
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Filing 80
NOTICE of Filing Redacted Exhibit E Regarding Dkt. #62 SEALED Exhibit E, re #58 Response in Opposition to Motion by UNIVERSITY OF SOUTHERN INDIANA (Attachments: #1 Exhibit E - September 10, 2021 Email to John) (Harrison, Joseph) Modified on 11/18/2021 (AAS).
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Filing 79
NOTICE of Filing Redacted Exhibit D Regarding Dkt. #61 SEALED Exhibit D, re #58 Response in Opposition to Motion by UNIVERSITY OF SOUTHERN INDIANA (Attachments: #1 Exhibit D - September 2, 2021 Email to John) (Harrison, Joseph) Modified on 11/18/2021 (AAS).
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Filing 78
NOTICE of Filing Redacted Exhibit C Regarding Dkt. #60 SEALED Exhibit C, re #58 Response in Opposition to Motion by UNIVERSITY OF SOUTHERN INDIANA (Attachments: #1 Exhibit C - August 3, 2021 Meeting Notes) (Harrison, Joseph) Modified on 11/18/2021 (AAS).
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Filing 77
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Discovery Conference held on 11/12/2021. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
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Filing 76
MARGINAL ENTRY denying as moot #19 Motion to Dismiss for Failure to State a Claim. Signed by Judge Tanya Walton Pratt on 11/15/2021. (JRB)
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Filing 75
BRIEF/MEMORANDUM in Support Reply in Support of Motion re #33 MOTION for Preliminary Injunction , filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 1)(Burkart, Robert)
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Filing 74
NOTICE of Reassignment of Case to Judge Tanya Walton Pratt. Judge James R. Sweeney II is no longer assigned to this case. Please include the new case number, 3:21-cv-144-TWP-MPB, on all future filings in this matter. (JRB)
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Filing 73
ORDER OF RECUSAL. Clerk is directed to randomly reassign case and notify parties of newly assigned Judge. Signed by Judge James R. Sweeney II on 11/15/2021. (BRR)
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Filing 72
ORDER ON DEFENDANT'S MOTION TO MAINTAIN UNDER SEAL, PLAINTIFF'S MOTION TO MAINTAIN UNDER SEAL, PLAINTIFF'S MOTION TO STRIKE, AND CLARIFYING COURT'S OCTOBER 8, 2021, ORDER - The Court ORDERS the parties to file redacted, public versions of any documents. The redacted, public versions and/or motions to seal must be filed by November 29, 2021. This clarification to the Pseudonym entry applies to all filings moving forward. Defendant's Motion to Maintain Documents and Audio Recording Under Seal Docket No. #64 and Plaintiff's Motion to Maintain Document Under Seal Docket No. #66 are GRANTED as to Docket No. [1-1] and Docket No. #59 and GRANTED IN PART as to Docket No. [1-2], Docket No. #60 , Docket No. #61 , Docket No. #62 , and Docket No. #63 , but only as to Plaintiff and Jane Doe's actual names. Redacted, public versions of these documents and/or any request for further sealing under Local Rule 5-11 must be filed by November 29, 2021. Finally, Plaintiff's Motion to Strike Docket No. #67 is DENIED with leave to refile as a motion to seal. Pursuant to Local Rule 5-11(g), the Clerk is DIRECTED to unseal Docket No. #58 twenty-one days after this Entry, unless a renewed motion is filed to maintain the document under seal. (See Order.) Signed by Magistrate Judge Matthew P. Brookman on 11/12/2021. (RSF) Modified on 11/12/2021 (AAS).
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Filing 71
REPLY in Support of Motion re #67 MOTION to Strike , filed by Plaintiff JOHN DOE. (Koressel, Matthew)
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Filing 69
SCHEDULING ORDER - This matter is scheduled for a TELEPHONIC DISCOVERY CONFERENCE on NOVEMBER 12, 2021 at 10:00 a.m., Evansville time (CST), before the Honorable Matthew P. Brookman, United States Magistrate Judge. The purpose of this conference is to assist the parties in a discovery dispute. Before 8:30 a.m. (CST) on November 12, 2021, the parties are DIRECTED to e-mail the Magistrate Judge, at mpb_settlement@insd.uscourts.gov, and opposing counsel, a brief outline, which shall not exceed two pages, of the dispute and their respective positions on the issue. Parties shall also e-mail copies of ONLY the discovery requests that are disputed, NOT ALL of the interrogatories, requests for production, and non-party subpoenas. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 11/10/2021.(AAS)
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Filing 68
RESPONSE in Opposition re #67 MOTION to Strike , filed by Defendant UNIVERSITY OF SOUTHERN INDIANA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kealey, William)
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Filing 67
MOTION to Strike , filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 1 Social Media Threats, #2 Text of Proposed Order)(Hahn, Kristen) Modified on 11/8/2021 - created link to #58 (RSF).
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Filing 66
MOTION to Maintain Document Under Seal, filed by Plaintiff JOHN DOE. (Attachments: #1 Text of Proposed Order)(Hahn, Kristen)
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Receipt of 1 Flash Drive re: #65 NOTICE of Manual Filing Exhibit A re #59 SEALED Document (Case Participants - doc), filed by UNIVERSITY OF SOUTHERN INDIANA (Kealey, William) (JRB)
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Filing 65
NOTICE of Manual Filing Exhibit A re #59 SEALED Document (Case Participants - doc), filed by UNIVERSITY OF SOUTHERN INDIANA (Kealey, William)
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Filing 64
MOTION to Maintain Document Under Seal #59 SEALED Document (Case Participants - doc), #60 SEALED Document (Case Participants - doc), #63 SEALED Document (Case Participants - doc), #62 SEALED Document (Case Participants - doc), #61 SEALED Document (Case Participants - doc) , filed by Defendant UNIVERSITY OF SOUTHERN INDIANA. (Attachments: #1 Text of Proposed Order)(Kealey, William)
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Filing 63
SEALED Exhibit F, re #58 Response in Opposition to Motion, filed by Defendant UNIVERSITY OF SOUTHERN INDIANA. (Kealey, William)
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Filing 62
SEALED Exhibit E, re #58 Response in Opposition to Motion, filed by Defendant UNIVERSITY OF SOUTHERN INDIANA. (Kealey, William)
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Filing 61
SEALED Exhibit D, re #58 Response in Opposition to Motion, filed by Defendant UNIVERSITY OF SOUTHERN INDIANA. (Kealey, William)
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Filing 60
SEALED Exhibit C, re #58 Response in Opposition to Motion, filed by Defendant UNIVERSITY OF SOUTHERN INDIANA. (Kealey, William)
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Filing 59
SEALED Exhibit A - Panel Hearing Audio Recording, re #58 Response in Opposition to Motion, filed by Defendant UNIVERSITY OF SOUTHERN INDIANA. (Kealey, William)
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Filing 58
RESPONSE in Opposition re #33 MOTION for Preliminary Injunction , filed by Defendant UNIVERSITY OF SOUTHERN INDIANA. (Attachments: #1 Exhibit A - Panel Hearing Audio Recording - Filed Under Seal, #2 Exhibit B - Hearing Agenda and Statement of Rights and Process, #3 Exhibit C - August 3, 2021 Meeting Notes - Filed Under Seal, #4 Exhibit D - September 2, 2021 Email to John - Filed Under Seal, #5 Exhibit E - September 10, 2021 Email to John - Filed Under Seal, #6 Exhibit F - September 10, 2021 Email to Jane - Filed Under Seal)(Kealey, William) Modified on 11/8/2021 - added sealed restriction based on filing at #67 (RSF).
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Filing 57
ORDER granting #56 Motion for Extension of Time to File Reply to #33 MOTION for Preliminary Injunction to 11/15/2021. Signed by Magistrate Judge Matthew P. Brookman on 10/29/2021. (JRB)
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Filing 56
Unopposed MOTION for Extension of Time to File Reply to November 15, 2021 re #33 MOTION for Preliminary Injunction , filed by Plaintiff JOHN DOE. (Attachments: #1 Text of Proposed Order Order on Motion for Enlargement)(Vonderahe, Keith)
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Filing 55
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Settlement Conference held on 10/26/2021. The parties were present and represented by counsel. The parties conducted settlement negotiations, but they were unable to reach an agreement. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
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Filing 54
ORDER granting #52 UNOPPOSED MOTION FOR ENLARGEMENT OF TIME - Defendant shall file its response to Plaintiff's Motion for Preliminary Injunction Dkt. No. #33 on or before November 3, 2021. Signed by Magistrate Judge Matthew P. Brookman on 10/25/2021. (AAS)
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Filing 53
Remark - ONE CD Received re #50 NOTICE of Manual Filing re #37 SEALED Document (Case Participants - doc), #36 SEALED Document (Case Participants - doc), #43 SEALED Document (Case Participants - doc), #33 MOTION for Preliminary Injunction , filed by JOHN DOE (Vonderahe, Keith) (Attachments: #1 Notice of Manual Filing, #2 Envelope) (AAS)
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Filing 52
MOTION for Extension of Time to November 3, 2021 in which to #33 MOTION for Preliminary Injunction , filed by Defendant UNIVERSITY OF SOUTHERN INDIANA. (Attachments: #1 Text of Proposed Order)(Kealey, William)
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Filing 51
BRIEF/MEMORANDUM in Support re #33 MOTION for Preliminary Injunction , filed by Plaintiff JOHN DOE. (Vonderahe, Keith)
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Filing 50
NOTICE of Manual Filing re #37 SEALED Document (Case Participants - doc), #36 SEALED Document (Case Participants - doc), #43 SEALED Document (Case Participants - doc), #33 MOTION for Preliminary Injunction , filed by JOHN DOE (Vonderahe, Keith)
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Filing 49
SEALED Exhibit 37, re #33 Motion for Preliminary Injunction, filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 37: Appeal Decision)(Vonderahe, Keith)
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Filing 48
SEALED Exhibit 36, re #33 Motion for Preliminary Injunction, filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 36: Appeal Officer's Letter)(Vonderahe, Keith)
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Filing 47
SEALED Exhibit 35, re #33 Motion for Preliminary Injunction, filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 35: Appeal Letter)(Vonderahe, Keith)
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Filing 46
SEALED Exhibit 33, re #33 Motion for Preliminary Injunction, filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 33: Summary and Decision)(Vonderahe, Keith)
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Filing 45
SEALED Exhibit 32, re #33 Motion for Preliminary Injunction, filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 32: Written Determination)(Vonderahe, Keith)
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Filing 44
SEALED Exhibit 31, re #33 Motion for Preliminary Injunction, filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 31: USI email to Plaintiff dated August 25, 2021)(Vonderahe, Keith)
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Filing 43
SEALED Exhibit 17, re #33 Motion for Preliminary Injunction, filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 17: Jane Doe's TikTok video on September 20, 2021)(Vonderahe, Keith)
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Filing 42
SEALED Exhibit 16, re #33 Motion for Preliminary Injunction, filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 16: Affidavit of Melissa Lane and Transcript of Title IX Hearing)(Vonderahe, Keith)
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Filing 41
SEALED Exhibit 15, re #33 Motion for Preliminary Injunction, filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 15: USI Interim Coordinator email to Plaintiff dated August 2, 2021)(Vonderahe, Keith)
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Filing 40
SEALED Exhibit 14, re #33 Motion for Preliminary Injunction, filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 14: USI Hearing Notice to Plaintiff dated July 26, 2021)(Vonderahe, Keith)
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Filing 39
SEALED Exhibit 11, re #33 Motion for Preliminary Injunction, filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 11: USI email dated May 18, 2021)(Vonderahe, Keith)
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Filing 38
SEALED Exhibit 10, re #33 Motion for Preliminary Injunction, filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 10: USI Notice to Plaintiff dated March 26, 2021)(Vonderahe, Keith)
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Filing 37
SEALED Exhibit 5, re #33 Motion for Preliminary Injunction, filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 5: Jane Doe's TikTok Video)(Vonderahe, Keith)
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Filing 36
SEALED Exhibit 4, re #33 Motion for Preliminary Injunction, filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 4: Plaintiff's video of Jane Doe)(Vonderahe, Keith)
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Filing 35
SEALED Exhibit 3, re #33 Motion for Preliminary Injunction, filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 3: Final Investigation Report)(Vonderahe, Keith)
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Filing 34
SEALED Exhibit 2, re #33 Motion for Preliminary Injunction, filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 2: Billing Statement)(Vonderahe, Keith) Modified on 10/20/2021 (JRB).
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Filing 33
MOTION for Preliminary Injunction , filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 1: Scholarship Terms, #2 Exhibit 6: Social Media Posts of Jane Doe's Roommate, #3 Exhibit 7: Other Social Media Posts, #4 Exhibit 8: Petition as to USI, #5 Exhibit 9: FBI Definition per USI's Policy, #6 Exhibit 12: USI Press Release on Interim Coordinator, #7 Exhibit 13: D. Stafford & Associates webpage, #8 Exhibit 18: USI Website Title IX Training Page, #9 Exhibit 19: HuschBlackwell Title IX Training Material, #10 Exhibit 20: Title IX Training Material of Cozen O'Connor, #11 Exhibit 21: USI Statement of Rights and Process for Hearing, #12 Exhibit 22: USI Role of Advisor and Affirmation, #13 Exhibit 23: Decision Makers' May 2020 Final Title IX Regulations, #14 Exhibit 24: FBI Uniform Crime Reporting, #15 Exhibit 25: USI Sexual Harassment Policy August 2021, #16 Exhibit 26: Affidavit of John Doe, #17 Exhibit 27: Affidavit of Keith Vonderahe, #18 Exhibit 28:Ohio Department of Higher Education Title IX, #19 Exhibit 29: Questions and Answers on Title IX, #20 Exhibit 30: Title IX and Bias Series, #21 Exhibit 34: USI Title IX Flowchart, #22 Exhibit 38: Barnes & Thornburg Title IX Regulations, #23 Exhibit 39: NASPA Training Material, #24 Exhibit 40: Brief for State of Indiana et al, #25 Exhibit 41: USI Financial Report, #26 Exhibit 42: The Shield Article dated March 25, 2021, #27 Text of Proposed Order)(Vonderahe, Keith)
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Filing 32
NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant UNIVERSITY OF SOUTHERN INDIANA. (Harrison, Joseph)
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Filing 31
SEALED Exhibit 4, re #27 Amended Complaint, filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 4 - Appeal Decision)(Vonderahe, Keith)
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Filing 30
SEALED Exhibit 3, re #27 Amended Complaint, filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 3 - Cover Letter)(Vonderahe, Keith)
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Filing 29
SEALED Exhibit 2, re #27 Amended Complaint, filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 2 - Decision)(Vonderahe, Keith)
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Filing 28
SEALED Exhibit 1, re #27 Amended Complaint, filed by Plaintiff JOHN DOE. (Attachments: #1 Exhibit 1 - Written Determination)(Vonderahe, Keith)
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Filing 27
AMENDED COMPLAINT against UNIVERSITY OF SOUTHERN INDIANA, filed by JOHN DOE.(Vonderahe, Keith)
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Filing 26
ORDER granting #24 Motion for Leave to File Excess Pages - IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the page limit for Plaintiff's Brief in Support of Preliminary Injunction shall not exceed forty five (45) pages. Signed by Judge James R. Sweeney II on 10/15/2021. (AAS)
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Filing 25
ORDER granting #21 Unopposed Motion for Enlargement of Time - Plaintiff shall file his preliminary injunction and supporting memorandum on or before October 20, 2021. Signed by Judge James R. Sweeney II on 10/15/2021. (AAS)
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Filing 24
MOTION for Leave to File Excess Pages in Brief in Support of Preliminary Injunction, filed by Plaintiff JOHN DOE. (Attachments: #1 Text of Proposed Order)(Burkart, Robert)
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Filing 23
NOTICE of Appearance by Kristen Hahn on behalf of Plaintiff JOHN DOE. (Hahn, Kristen)
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Filing 22
NOTICE , filed by Plaintiff JOHN DOE (Vonderahe, Keith)
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Filing 21
MOTION for Extension of Time to File Preliminary Injunction and Supporting Memorandum , filed by Plaintiff JOHN DOE. (Attachments: #1 Text of Proposed Order)(Vonderahe, Keith) Modified on 10/15/2021 (AAS).
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Filing 20
BRIEF/MEMORANDUM in Support re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Counts II, III, and IV , filed by Defendant UNIVERSITY OF SOUTHERN INDIANA. (Kealey, William)
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Filing 19
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Counts II, III, and IV, filed by Defendant UNIVERSITY OF SOUTHERN INDIANA. (Kealey, William)
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Filing 18
ORDER granting #15 Motion for Leave to Proceed Under Pseudonym - Plaintiff can proceed herein under the pseudonym "John Doe" and that any filings herein that contain Plaintiff's actual name shall and must be immediately sealed and shall and must remain under seal. Signed by Magistrate Judge Matthew P. Brookman on 10/8/2021. (JRB)
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Filing 17
Statement of Non-Opposition to Plaintiff's Motion for Leave to Proceed Under Pseudonym by UNIVERSITY OF SOUTHERN INDIANA. (Kealey, William)
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Filing 16
DEMAND for Trial by Jury, filed by Plaintiff JOHN DOE. (Vonderahe, Keith)
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Filing 15
MOTION for Leave to Proceed Under Pseudonym, filed by Plaintiff JOHN DOE. (Attachments: #1 Text of Proposed Order)(Vonderahe, Keith)
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Filing 14
SEALED Notice of Intention to Seek Leave to Proceed Under Pseudonym, filed by Plaintiff JOHN DOE. (Vonderahe, Keith)
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Filing 13
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 10/1/2021. Plaintiff shall file a preliminary injunction motion and supporting memorandum by October 18, 2021. Defendant shall file a responsive brief by October 29, 2021. Plaintiff shall file a reply brief by November 5, 2021. The parties request a half-day preliminary injunction hearing, which may include testimony, as early as practicable but no sooner than November 8, 2021. Settlement Conference set for 10/26/2021 at 09:30 AM (Central Time) in room #328, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Magistrate Judge Matthew P. Brookman.***SEE ORDER*** Signed by Magistrate Judge Matthew P. Brookman. (TMB)
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Filing 12
NOTICE of Reassignment of Case to Judge James R. Sweeney II. Judge Richard L. Young is no longer assigned to this case. Please include the new case number, 3:21-cv-144-JRS-MPB, on all future filings in this matter. (AAS)
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Filing 11
ORDER OF RECUSAL. Clerk is directed to randomly reassign case and notify parties of newly assigned Judge. Signed by Judge Richard L. Young on 10/1/2021. (TMD)
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Filing 9
NOTICE AND ORDER - At the Parties request, this matter is set for a TELEPHONIC STATUS CONFERENCE before Magistrate Judge Matthew P. Brookman on OCTOBER 1, 2021 at 10:00 a.m., (CST), Central Time. The information needed by counsel to participate in this telephone conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 9/30/2021.(AAS)
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Filing 8
NOTICE of Appearance by Matthew Stephen Koressel on behalf of Plaintiff JOHN DOE. (Koressel, Matthew)
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Filing 7
NOTICE of Appearance by Robert L. Burkart on behalf of Plaintiff JOHN DOE. (Burkart, Robert)
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Filing 6
NOTICE of Appearance by Keith W. Vonderahe on behalf of Plaintiff JOHN DOE. (Vonderahe, Keith)
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Filing 5
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAS)
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Filing 4
NOTICE of Service of Notice to Clerk and Notice of Removal, filed by Defendant UNIVERSITY OF SOUTHERN INDIANA (Kealey, William)
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Filing 3
NOTICE of Appearance by Joseph Heavrin Harrison, III on behalf of Defendant UNIVERSITY OF SOUTHERN INDIANA. (Harrison, Joseph)
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Filing 2
NOTICE of Appearance by William P. Kealey on behalf of Defendant UNIVERSITY OF SOUTHERN INDIANA. (Kealey, William)
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Filing 1
NOTICE OF REMOVAL from Vanderburgh, case number 82C01-2109-PL-004615, filed by UNIVERSITY OF SOUTHERN INDIANA. (Filing fee $402, receipt number 0756-6768940) (Attachments: #1 Exhibit A - State Court Complaint & Summons, #2 Exhibit B - State Court Record, #3 Civil Cover Sheet)(Kealey, William) Modified on 11/4/2021 (AAS). Modified on 11/4/2021 (JRB).
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