Jane Doe v. The University of Alabama at Birmingham
| Jane Doe |
| The University of Alabama at Birmingham, Board of Trustees of the University of Alabama at Birmingham, The and The Board of Trustees of The University of Alabama |
| 2:2022cv00829 |
| July 5, 2022 |
| US District Court for the Northern District of Alabama |
| Nicholas A Danella |
| Madeline Hughes Haikala |
| Education |
| 20 U.S.C. § 1681 Title IX Education Amendments of 1972 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 19 ANSWER to #18 Amended Complaint by Board of Trustees of the University of Alabama at Birmingham, The.(Ezelle, Jay) |
| Filing 18 AMENDED COMPLAINT against The Board of Trustees of The University of Alabama, filed by Jane Doe.(Johnston, Jamie) |
Filing 17
ORDER deferring ruling on #12 Motion to Strike #12 MOTION to Strike #11 Amended Complaint or, in the alternative, Partial Per Document 15, Ms. Doe may file her second amended complaint, (Doc. [14-1]). The Court defers ruling on the argument that Ms. Doe may not pursue emotional distress damages in this Title IX action. The Supreme Court's analysis in Cummings v. Premier Rehab Keller, P.L.L.C., 142 S. Ct. 1562 (2022), is clear, but Cummings is a Rehabilitation Act case. Although the Supreme Court in Cummings clearly pointed to Title IX as one of several statutes that Congress enacted pursuant to the Spending Clause, because Cummings is not a Title IX case, the Supreme Court did not answer the question left open in Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992), namely whether "Title IX should [] be viewed solely as having been enacted under Congress' Spending Clause powers" or whether Title IX "also rests on powers derived from s5 of the Fourteenth Amendment." 503 U.S. at 75 n. 8. Franklin resembles the present case in that it concerned a Title IX claim involving the alleged sexual assault of a student. In concluding that monetary damages were available to the plaintiff in that action, the Supreme Court applied the "presumption in favor of all available remedies," and the Supreme Court did not expressly consider whether damages for emotional harm caused by discrimination based on sex as it pertains to sexual assault of a student might be available to the student. See Cummings, 142 S.Ct. at 1579 (Breyer, J. dissenting) (citing Franklin as an example of a case in which "emotional injury is the primary (sometimes the only) harm caused by discrimination, with pecuniary injury at most secondary"). Because resolution of this issue will not significantly impact the scope of discovery in this matter, the Court leaves resolution of the issue for a later date on more fully-developed briefing. Therefore, the Court denies without prejudice the defendant's motion to dismiss or strike Ms. Doe's claim for damages for emotional distress. Signed by Judge Madeline Hughes Haikala on February 1, 2023. (Haikala, Madeline)
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Filing 16
ORDER finding as moot #4 Motion to Dismiss. Signed by Judge Madeline Hughes Haikala on February 1, 2023. (Haikala, Madeline)
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| Filing 15 RESPONSE in Support re #12 MOTION to Strike #11 Amended Complaint or, in the alternative, Partial MOTION to Dismiss Defendant's Reply in Support of its Motion to Strike or, in the Alternative, Partial Motion to Dismiss filed by Board of Trustees of the University of Alabama at Birmingham, The. (Ezelle, Jay) |
| Filing 14 RESPONSE in Opposition re #12 MOTION to Strike #11 Amended Complaint or, in the alternative, Partial MOTION to Dismiss filed by Jane Doe. (Attachments: #1 Exhibit)(Johnston, Jamie) |
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Filing 13
TEXT ORDER The Plaintiff shall file a response to #12 Defendant's Motion To Strike Amended Complaint or, in the alternative, Partial, MOTION to Dismiss on or before September 20, 2022; Defendant shall file a reply on or before September 30, 2022. Signed by Judge Madeline Hughes Haikala on 9/6/2022. (DNW)
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| Filing 12 MOTION to Strike #11 Amended Complaint or, in the alternative, Partial, MOTION to Dismiss by Board of Trustees of the University of Alabama at Birmingham, The. (Ezelle, Jay) |
| Filing 11 AMENDED COMPLAINT against The University of Alabama at Birmingham, filed by Jane Doe.(Johnston, Jamie) |
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Filing 10
**TEXT ORDER** The Telephone Conference set for 8/8/2022 is hereby CANCELLED, pursuant to reassignment. Signed by Magistrate Judge Nicholas A Danella on 8/3/2022. (KSS)
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| Filing 9 Case Reassigned to Judge Madeline Hughes Haikala. Magistrate Judge Nicholas A Danella no longer assigned to the case. Please use case number 2:22-cv-00829-MHH on all subsequent pleadings (DNW) |
| Filing 8 REPORT of Rule 26(f) Planning Meeting. (Young, Breanna) |
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Filing 7
TEXT ORDER: The telephone conference regarding consent to magistrate jurisdiction that is currently set for Tuesday, July 26, 2022 is RESET for Monday, August 8, 2022, at 10:30 AM before Magistrate Judge Danella. The parties should dial (888) 363-4735 and enter access code 6785641 to participate in the conference. The parties are reminded that they are required to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) by no later than August 19, 2022. The telephone conference will be cancelled by separate order if all parties have submitted their elections beforehand. Signed by Magistrate Judge Nicholas A Danella on 7/20/2022. Signed by Magistrate Judge Nicholas A Danella on 7/20/2022. (DNW)
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Filing 6
ORDER: Pursuant to General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge no later than August 19, 2022. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after August 19, 2022. A telephone conference is hereby SET for 10:30 AM on Tuesday, July 26, 2022. The parties are DIRECTED to call 888-363-4735 access code 6785641. Signed by Magistrate Judge Nicholas A Danella on July 6, 2022. (MEB2) Modified on 7/6/2022 (MEB2).
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Filing 5
ORDER REGARDING COMPLIANCE WITH RULE 26. Rule 26 Meeting Report due by 8/10/2022. Signed by Magistrate Judge Nicholas A Danella on July 6, 2022. (MEB2)
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| Filing fee: $ 402.00, receipt number B4601121109 (DNW) |
| Filing 4 MOTION to Dismiss the Board of Trustees of the University of Alabama by The University of Alabama at Birmingham. (Ezelle, Jay) |
| Filing 3 Defendant The Board of Trustees of the University of Alabama's Limited ANSWER to Complaint by The University of Alabama at Birmingham.(Ezelle, Jay) |
| Filing 2 NOTICE OF ASSIGNMENT OF CASE TO A UNITED STATES MAGISTRATE JUDGE FOR TRIAL. You must complete the attached form to indicate whether you consent to proceed before the assigned magistrate judge or decline to proceed before the assigned magistrate judge. (DNW) |
| Filing 1 NOTICE OF REMOVAL by The University of Alabama at Birmingham from Circuit Court Jefferson County, AL, case number 01-CV-2022-901596.00 filed by The University of Alabama at Birmingham. (Attachments: #1 Exh. A)(DNW) |
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