Doe v. Trustees of Boston College
| JOHN DOE |
| TRUSTEES OF BOSTON COLLEGE |
| SUFFOLK UNIVERSITY, BABSON COLLEGE, TUFTS UNIVERSITY, TRUSTEES OF AMHERST COLLEGE, NORTHEASTERN UNIVERSITY, SIMMONS COLLEGE, BERKLEE COLLEGE OF MUSIC, COLLEGE OF THE HOLY CROSS, WORCESTER POLYTECHNIC INSTITUTE, BENTLEY UNIVERSITY, ENDICOTT COLLEGE, WELLESLEY COLLEGE, BOSTON UNIVERSITY and EMERSON COLLEGE |
| 19-1871 |
| September 5, 2019 |
| U.S. Court of Appeals, First Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
 Doe v. Trustees of Boston College
|
Docket Report
RSS Track this Docket
This docket was last retrieved on December 11, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| MANDATE issued. [19-1871] (CMP) [Entered: 12/11/2019 09:35 AM] |
| OPINION issued by Sandra L. Lynch, Appellate Judge; Michael Boudin, Appellate Judge and Kermit V. Lipez, Appellate Judge. Published. [19-1871]. (CMP) [Entered: 11/20/2019 02:56 PM] |
| JUDGMENT. Remanded [19-1871] (CMP) [Entered: 11/20/2019 03:01 PM] |
| CASE argued. Panel: Sandra L. Lynch, Appellate Judge; Michael Boudin, Appellate Judge and Kermit V. Lipez, Appellate Judge. Arguing attorneys: Daryl J. Lapp for Trustees of Boston College and Jeannie Suk Gersen for John Doe. [19-1871] (AA) [Entered: 11/05/2019 02:08 PM] |
ORDER entered by Jeffrey R. Howard, Chief Appellate Judge; Juan R. Torruella, Appellate Judge; Sandra L. Lynch, Appellate Judge; Rogeriee Thompson, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and David J. Barron,* Appellate Judge: Assuming without deciding that en banc review of the court's October 30 order is permissible, the petition for rehearing en banc has been submitted to the active judges of this court. The en banc petition is denied as moot. *Judge Barron is recused and did not participate in the consideration of this matter. . [19-1871] (DPO) [Entered: 11/02/2019 02:02 PM]
|
| NOTICE of appearance filed by Attorney Jeannie Suk Gersen for Appellee John Doe. [19-1871] (CMP) [Entered: 11/01/2019 04:51 PM] |
|
ORDER entered by Sandra L. Lynch, Appellate Judge; Michael Boudin, Appellate Judge and Kermit V. Lipez, Appellate Judge: Attorney Gersen is allowed to enter an appearance and to appear at oral argument. No continuances will be granted. [19-1871] (CMP) [Entered: 11/01/2019 04:46 PM]
|
| DESIGNATION of attorney presenting oral argument. Arguing Person Information Removed for: Stuart Bernstein arguing for Appellee John Doe; Arguing Person Information Updated for: Jeannie Suk Gersen arguing for Appellee John Doe. [19-1871] (DT) [Entered: 11/01/2019 04:56 PM] |
| PETITION for rehearing en banc filed by Appellee John Doe. Certificate of service dated 10/31/2019. [19-1871] (ATM) [Entered: 10/31/2019 05:40 PM] |
| NINE (9) paper copies of reply brief [ # 6293452-2 ] submitted by Appellant Trustees of Boston College. [19-1871] (AMM) [Entered: 10/31/2019 04:06 PM] |
| REPLY BRIEF filed by Appellant Trustees of Boston College. Certificate of service dated 10/29/2019. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 11/01/2019 . [19-1871] (AMM) [Entered: 10/30/2019 10:10 AM] |
| CORRECTED ORDER* entered by Sandra L. Lynch, Appellate Judge; Michael Boudin, Appellate Judge and Kermit V. Lipez, Appellate Judge: Appellee's Motion for reconsideration of the order denying Attorney Jeannie Suk Gersen's motion to file a late notice of appearance is denied. LIPEZ, Circuit Judge , dissenting. *Corrected Order entered to add text. [19-1871] (GRC) [Entered: 10/30/2019 05:01 PM] |
| BRIEF tendered by Appellant Trustees of Boston College. [19-1871] (DJL) [Entered: 10/29/2019 05:01 PM] |
|
ORDER entered by Sandra L. Lynch, Appellate Judge; Michael Boudin, Appellate Judge and Kermit V. Lipez, Appellate Judge: Appellee's Motion for reconsideration of the order denying Attorney Jeannie Suk Gersen's motion to file a late notice of appearance is denied. [19-1871] (CMP) [Entered: 10/29/2019 04:27 PM]
|
| MOTION to reconsider order [ # 6292118-2 ] filed by Appellee John Doe. Certificate of service dated 10/28/2019. [19-1871] (ATM) [Entered: 10/28/2019 11:12 AM] |
| NINE (9) paper copies of appellee/respondent brief [ # 6292314-2 ] submitted by Appellee John Doe. [19-1871] (LIM) [Entered: 10/28/2019 11:45 AM] |
| BRIEF tendered by Appellee John Doe. [19-1871] (ATM) [Entered: 10/25/2019 08:44 AM] |
| APPELLEE'S BRIEF filed by Appellee John Doe. Certificate of service dated 10/25/2019. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 10/28/2019 . [19-1871] (LIM) [Entered: 10/25/2019 10:19 AM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Stuart Bernstein for Appellee John Doe. Certificate of service dated 10/25/2019. [19-1871] (SB) [Entered: 10/25/2019 03:54 PM] |
|
ORDER entered by David J. Barron, Appellate Judge: The motion for Attorney Jeannie Suk Gerson to enter an appearance on behalf of appellee John Doe is denied because it would create a recusal. Appellee shall file, by 9:00 a.m. on Friday October 25, 2019, a corrected brief listing only those attorneys who have been given leave to appear. Appellee must also file a designation form indicating who will be presenting oral argument on appellee's behalf on or by 4:00 p.m. on Friday, October 25, 2019. The remaining briefing deadlines remain unchanged. [19-1871] (DT) [Entered: 10/24/2019 07:58 PM]
|
| MOTION requesting leave for Attorney Jeannie Suk Gersen to enter an appearance filed by Appellee John Doe. Certificate of service dated 10/24/2019. [19-1871] (JSG) [Entered: 10/24/2019 11:59 AM] |
|
ORDER entered by David J. Barron, Appellate Judge: Plaintiff-appellee John Doe's motion for leave to file a response to the amicus curiae brief filed by Trustees of Amherst College, Babson College, Bentley University, Berklee College of Music, Boston University, College of the Holy Cross, Emerson College, Endicott College, Northeastern University, Simmons University, Suffolk University, Tufts University, Wellesley College, and Worcester Polytechnic Institute (University Amici) is allowed as follows: Appellee's answering brief to defendant-appellant Trustees of Boston College remains due on October 23, 2019 . Appellee may file a separate response to University Amici's amicus curiae brief on or before October 29, 2019 . The response may not exceed 6,500 words. Appellant's reply brief remains due on October 29, 2019 . [19-1871] (CMP) [Entered: 10/23/2019 12:41 PM]
|
| BRIEF tendered by Appellee John Doe. [19-1871] (ATM) [Entered: 10/23/2019 04:39 PM] |
| NINE (9) paper copies of amicus brief [ # 6290323-2 ] submitted by Amici Curiae Bentley University, Berklee College of Music, Boston University, College of the Holy Cross, Emerson College, Endicott College, Northeastern University, Simmons College, Suffolk University, Trustees of Amherst College, Tufts University, Wellesley College and Worcester Polytechnic Institute. [19-1871] (JMK) [Entered: 10/18/2019 12:25 PM] |
| AMICUS CURIAE BRIEF filed by Amici Curiae Babson College, Bentley University, Berklee College of Music, Boston University, College of the Holy Cross, Emerson College, Endicott College, Northeastern University, Simmons College, Suffolk University, Trustees of Amherst College, Tufts University, Wellesley College and Worcester Polytechnic Institute in support of Appellant. Certificate of service dated 10/16/2019. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 10/21/2019 . [19-1871] (CMP) [Entered: 10/17/2019 02:05 PM] |
|
ORDER entered by David J. Barron, Appellate Judge: Upon consideration, movants Trustees of Amherst College, Babson College, Bentley University, Berklee College of Music, Boston University, College of the Holy Cross, Emerson College, Endicott College, Northeastern University, Simmons University, Suffolk University, Tufts University, Wellesley College, and Worcester Polytechnic Institute's motion for leave to file an amicus curiae brief in support of defendant-appellant Trustees of Boston College is allowed. The tendered amicus curiae brief is accepted for filing on this date. [19-1871] (CMP) [Entered: 10/17/2019 01:59 PM]
|
| MOTION for Leave to Respond to Amicus Brief filed by Appellee John Doe. Certificate of service dated 10/17/2019. [19-1871] (TJD) [Entered: 10/17/2019 03:59 PM] |
| MOTION for leave to file amicus curiae brief in support of Appellant filed by Movant(s) Amherst College, Babson College, Bentley University, Berklee College of Music, Boston University, Holy Cross, Emerson College, Endicott College, Northeastern University, Simmons University, Suffolk University, Tufts University, Wellesley College and WPI. Certificate of service dated 10/16/2019. [19-1871] (PGL) [Entered: 10/16/2019 05:55 PM] |
|
ORDER entered by David J. Barron, Appellate Judge: Movants Trustees of Amherst College, Babson College, Bentley University, Berklee College of Music, Boston University, College of the Holy Cross, Emerson College, Endicott College, Northeastern University, Simmons University, Suffolk University, Tufts University, Wellesley College, and Worcester Polytechnic Institute's renewed motion to extend time to file an amicus curiae brief in support of defendant-appellant is allowed in part . Movants may file a motion for leave to file an amicus curiae brief, with a single tendered amicus curiae brief attached, on or before October 16, 2019 . No further extension of this deadline should be sought or expected. The deadline for appellee John Doe to file his answering brief is extended to October 23, 2019 . The deadline for appellant Trustees of Boston College to file its reply brief remains October 29, 2019 . [19-1871] (CMP) [Entered: 10/15/2019 09:21 AM]
|
| RESPONSE filed by Appellee John Doe to motion for leave to file amicus curiae brief [ # 6288905-2 ]. Certificate of service dated 10/11/2019. [19-1871] (TJD) [Entered: 10/11/2019 11:11 AM] |
| CORPORATE disclosure statement filed by Suffolk University. Certificate of service dated 10/10/2019. [19-1871] (PGL) [Entered: 10/10/2019 12:22 PM] |
| CORPORATE disclosure statement filed by Simmons University. Certificate of service dated 10/10/2019. [19-1871] (PGL) [Entered: 10/10/2019 12:21 PM] |
| CORPORATE disclosure statement filed by Northeastern University. Certificate of service dated 10/10/2019. [19-1871] (PGL) [Entered: 10/10/2019 12:20 PM] |
| CORPORATE disclosure statement filed by Tufts University. Certificate of service dated 10/10/2019. [19-1871] (PGL) [Entered: 10/10/2019 12:23 PM] |
| MOTION to extend time to file amicus curiae brief in support of Appellant filed by Movant(s) Trustees of Amherst College, Babson College, Bentley Univ., Berklee College of Music, Boston Univ., College of the Holy Cross, Emerson College, Endicott College, Northeastern Univ., Simmons College, Suffolk Univ., Tufts Univ., Wellesley College, and WPI. Certificate of service dated 10/10/2019. [19-1871] (PGL) [Entered: 10/10/2019 03:09 PM] |
| CORPORATE disclosure statement filed by Endicott College. Certificate of service dated 10/10/2019. [19-1871] (PGL) [Entered: 10/10/2019 12:19 PM] |
| CORPORATE disclosure statement filed by Worcester Polytechnic Institute. Certificate of service dated 10/10/2019. [19-1871] (PGL) [Entered: 10/10/2019 12:25 PM] |
| CORPORATE disclosure statement filed by Wellesley College. Certificate of service dated 10/10/2019. [19-1871] (PGL) [Entered: 10/10/2019 12:24 PM] |
| CORPORATE disclosure statement filed by College of the Holy Cross. Certificate of service dated 10/10/2019. [19-1871] (PGL) [Entered: 10/10/2019 12:18 PM] |
| CORPORATE disclosure statement filed by Trustees of Amherst College. Certificate of service dated 10/10/2019. [19-1871] (PGL) [Entered: 10/10/2019 12:13 PM] |
| NOTICE of appearance on behalf of Movant(s) Amherst College, Babson College, Bentley University, Berklee College of Music, Boston University, College of the Holy Cross, Endicott College, Northeastern University, Simmons University, Suffolk University, Tufts University, Wellesley College, WPI filed by Attorney Paul G. Lannon, Jr.. Certificate of service dated 10/10/2019. [19-1871] (PGL) [Entered: 10/10/2019 12:12 PM] |
| CORPORATE disclosure statement filed by Babson College. Certificate of service dated 10/10/2019. [19-1871] (PGL) [Entered: 10/10/2019 12:14 PM] |
| CORPORATE disclosure statement filed by Bentley University. Certificate of service dated 10/10/2019. [19-1871] (PGL) [Entered: 10/10/2019 12:15 PM] |
| CORPORATE disclosure statement filed by Boston University. Certificate of service dated 10/10/2019. [19-1871] (PGL) [Entered: 10/10/2019 12:17 PM] |
| CORPORATE disclosure statement filed by Berklee College of Music. Certificate of service dated 10/10/2019. [19-1871] (PGL) [Entered: 10/10/2019 12:16 PM] |
|
ORDER: Emerson College's October 3, 2019 motion to extend time to file a motion for leave to file an amicus brief in support of the defendant-appellant is denied without prejudice to refiling. Any renewed motion must be filed by 4:00 pm, Thursday, October 10, 2019 , and shall list all entities who will be party to the proposed amicus curiae brief . The motion must be accompanied by a corporate disclosure statement for each party. Fed. R. App. P. 26.1. [19-1871] (CMP) [Entered: 10/08/2019 02:06 PM]
|
| DESIGNATION of attorney presenting oral argument filed by Attorney Stuart Bernstein for Appellee John Doe. Certificate of service dated 10/08/2019. [19-1871] (SB) [Entered: 10/08/2019 04:32 PM] |
| NOTICE of appearance on behalf of Appellee John Doe filed by Attorney Philip A. Byler. Certificate of service dated 10/08/2019. [19-1871] (PAB) [Entered: 10/08/2019 04:56 PM] |
| RESPONSE filed by Appellee John Doe to motion for leave to file amicus curiae brief [ # 6286901-2 ]. Certificate of service dated 10/04/2019. [19-1871] (TJD) [Entered: 10/04/2019 06:31 PM] |
| MOTION to extend time to file amicus curiae brief in support of Appellant filed by Movant(s) Emerson College. Certificate of service dated 10/03/2019. [19-1871] (PGL) [Entered: 10/03/2019 09:23 AM] |
| NOTICE of appearance on behalf of Movant(s) Emerson College filed by Attorney Paul G. Lannon, Jr.. Certificate of service dated 10/03/2019. [19-1871] (PGL) [Entered: 10/03/2019 09:19 AM] |
| MOTION to extend time to file amicus curiae brief in support of Appellant filed by Movant(s) Emerson College. Certificate of service dated 10/03/2019. [19-1871] (PGL) [Entered: 10/03/2019 11:01 AM] |
| CORPORATE disclosure statement filed by Movant Emerson College. Certificate of service dated 10/03/2019. [19-1871] (CMP) [Entered: 10/03/2019 12:36 PM] |
| NINE (9) paper copies of appellant/petitioner brief [ # 6286046-2 ] submitted by Appellant Trustees of Boston College. [19-1871] (JMK) [Entered: 10/03/2019 03:10 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Daryl J. Lapp for Appellant Trustees of Boston College. Certificate of service dated 10/02/2019. [19-1871] (DJL) [Entered: 10/02/2019 04:28 PM] |
|
ORDER granting motion to file a supplemental appendix under seal filed by Appellant Trustees of Boston College. [19-1871] (CMP) [Entered: 09/30/2019 01:50 PM]
|
| SEALED SUPPLEMENTAL APPENDIX filed by Appellant Trustees of Boston College. Number of volumes: 1. Number of copies: 5. Certificate of service dated 09/27/2019. [19-1871] (CMP) [Entered: 09/30/2019 02:02 PM] |
| APPELLANT'S BRIEF filed by Appellant Trustees of Boston College. Certificate of service dated 09/27/2019. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 10/03/2019 . Brief due 10/22/2019 for APPELLEE John Doe. [19-1871] CLERK'S NOTE: Docket entry was modified to replace an attachment. (AMM) [Entered: 09/30/2019 04:51 PM] |
| BRIEF tendered by Appellant Trustees of Boston College. [19-1871] (DJL) [Entered: 09/27/2019 01:07 PM] |
| APPENDIX filed by Appellant Trustees of Boston College. Number of volumes: 1. Number of copies: 5. Certificate of service dated 09/27/2019. [19-1871] (AMM) [Entered: 09/27/2019 03:37 PM] |
| PLEADING tendered: APPENDIX (provisionally filed under seal) filed by Appellant Trustees of Boston College. Number of Volumes: 1. Number of Copies: 5. Certificate of service dated 09/27/2019. [19-1871] (AMM) [Entered: 09/27/2019 03:38 PM] |
| MOTION to file supplemental appendix under seal filed by Appellant Trustees of Boston College. Certificate of service dated 09/27/2019. [19-1871] (DO) [Entered: 09/27/2019 05:15 PM] |
| CASE calendared: Tuesday, 11/05/2019 AM Boston, MA Panel Courtroom. Designation form due 10/09/2019. [19-1871] (DT) [Entered: 09/25/2019 01:21 PM] |
| NOTICE of filing the following REDACTED transcript in district court by Court Reporter Kelly Mortellite: 08/20/2019, Hearing. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [19-1871] (CMP) [Entered: 09/18/2019 12:27 PM] |
| NOTICE of appearance on behalf of Appellee John Doe filed by Attorney Tara J. Davis, Esq.. Certificate of service dated 09/17/2019. [19-1871] (TJD) [Entered: 09/17/2019 02:36 PM] |
|
ORDER entered by William J. Kayatta, Jr., Appellate Judge: Appellant's Motion to Expedite Appeal is granted in part and denied in part. Appellant shall file its brief and appendix on or before September 27, 2019 . Appellee's brief shall be filed on or before October 22, 2019 . The reply brief shall be filed on or before October 29, 2019 . Oral argument will be scheduled by later notice as appropriate, likely during the first week of November. We note that the transcript of the preliminary injunction hearing, on which both parties rely, has not been filed. The transcript shall be filed as soon as possible, but in no event later than the date on which the appellant's brief is filed. [19-1871] (CMP) [Entered: 09/12/2019 10:01 AM]
|
| REPLY filed by Appellant Trustees of Boston College to response [ # 6280974-2 ]. Certificate of service dated 09/11/2019. [19-1871] (EHK) [Entered: 09/11/2019 12:32 PM] |
| NOTICE of appearance on behalf of Appellee John Doe filed by Attorney Stuart Bernstein, Esq.. Certificate of service dated 09/11/2019. [19-1871] (SB) [Entered: 09/11/2019 01:05 PM] |
| NOTICE of appearance on behalf of Appellee John Doe filed by Attorney Andrew T. Miltenberg, Esq.. Certificate of service dated 09/11/2019. [19-1871] (ATM) [Entered: 09/11/2019 01:06 PM] |
| RESPONSE filed by Appellee John Doe to motion to expedite [ # 6280145-2 ]. Certificate of service dated 09/10/2019. [19-1871] (CMP) [Entered: 09/10/2019 04:05 PM] |
| NOTICE of filing the following transcript in district court by Court Reporter Kelly Mortellite: 09/05/2019, Status Conference. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [19-1871] (CMP) [Entered: 09/10/2019 12:21 PM] |
| CORPORATE disclosure statement filed by Appellant Trustees of Boston College. Certificate of service dated 09/06/2019. [19-1871] (EHK) [Entered: 09/06/2019 10:16 AM] |
| NOTICE of appearance on behalf of Appellant Trustees of Boston College filed by Attorney Elizabeth H. Kelly. Certificate of service dated 09/06/2019. [19-1871] (EHK) [Entered: 09/06/2019 10:14 AM] |
| DOCKETING statement filed by Appellant Trustees of Boston College. Certificate of service dated 09/06/2019. [19-1871] (EHK) [Entered: 09/06/2019 10:17 AM] |
| MOTION to expedite appeal filed by Appellant Trustees of Boston College. Certificate of service dated 09/06/2019. [19-1871] (EHK) [Entered: 09/06/2019 10:21 AM] |
| NOTICE of appearance on behalf of Appellant Trustees of Boston College filed by Attorney Daryl J. Lapp. Certificate of service dated 09/06/2019. [19-1871] (DJL) [Entered: 09/06/2019 10:38 AM] |
| CIVIL CASE docketed. Notice of appeal (doc. #38) filed by Appellant Trustees of Boston College. Docketing Statement due 09/19/2019. Transcript Report/Order form due 09/19/2019. Appearance form due 09/19/2019. [19-1871] (CP) [Entered: 09/05/2019 02:05 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
