Doe v The University of Chicago
| John Doe |
| The University of Chicago |
| 1:2022cv06105 |
| November 3, 2022 |
| US District Court for the Northern District of Illinois |
| Charles P Kocoras |
| Civil Rights: Education |
| 28 U.S.C. § 1331 Federal Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 17, 2022. A more recent docket listing may be available from PACER.
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Filing 26
MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held. Plaintiff's Notice of Voluntary Dismissal filed on 11/16/2022 #25 , this case is dismissed with prejudice. Plaintiff's motion to extend temporary restraining order #24 is denied as moot. Civil case terminated. Mailed notice (vcf, )
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Filing 25
NOTICE of Voluntary Dismissal by John Doe Plaintiff's Notice of Voluntary Dismissal (Stone, Susan)
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Filing 24
MOTION by Plaintiff John Doe for extension of time Plaintiff's Motion to Extend Temporary Restraining Order (Stone, Susan)
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Filing 23
MINUTE entry before the Honorable Charles P. Kocoras: Motions to appear pro hac vice #19 , #20 and #22 are granted. Mailed notice (vcf, )
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Filing 22
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20035980. (James, Allen)
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Filing 21
MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing set for 11/17/2022 at 9:50 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, )
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Filing 20
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20024743. (Stone, Susan)
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Filing 19
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20024705. (Supler, Kristina)
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Filing 18
MEMORANDUM Opinion and Order signed by the Honorable Edmond E. Chang (serving as Acting Emergency Judge) on 11/7/2022: For the reasons explained in this Opinion, the motion for TRO #4 is granted (the motion for preliminary injunction is entered and continued for the assigned judge's consideration). Emailed notice(eec)
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Filing 17
MINUTE entry before the Honorable Edmond E. Chang (serving as Acting Emergency Judge): On review of the Plaintiff's motion for temporary restraining order #4 , the motion is granted for a 14-day period, expiring on 11/18/2022 (of course the order will expire earlier if the assigned judge dissolves the TRO or later if the assigned judge extends it). As noted during today's hearing, this order provides notice to the parties of the decision; the detailed order will be posted as soon as practicable. In summary, the requisite elements to issue a TRO are met at this time, though recognizing that there has not yet been a full adversarial presentation. (1.) On the likelihood of success, the Plaintiff has shown some likelihood of success on the merits of Count 1, the Title IX deliberate-indifference claim, because of what appears to be a failure to take into account the alleged sexual-orientation harassment of Student 1 (who is the accuser against the Plaintiff for the alleged housing-policy violation). Neither the decision letter of 10/24/2022 nor the appeal-denial letter of 10/31/2022 mention any investigation or consideration (even to reject it) of the alleged harassment. Also, the University does not appear to have interviewed the Plaintiff's identified witness, Student 3, during the decision-making on the Plaintiff's housing-policy violation, not at all before the 10/24/2022 decision and only as part of another student's proceeding before the 10/31/2022 appeal denial. What's more, the 10/31/2022 appeal denial inexplicably (again, at this stage of the case, without full adversarial presentation) does not actually explain why the appeal was denied, but only ipse dixit concludes that the standards for a successful appeal were not met. This is enough to show some likelihood of success for purposes of issue a TRO to preserve the status quo, especially given the other TRO factors in the balancing act. (2.) On irreparable harm and inadequate remedy at law, on this record, the Plaintiff has shown that forcing him to move out in one week's time (and now over the weekend, by 11/07/2022 at 3 p.m.) would cause irreparable harm and monetary damages would not suffice on the back end. Identifying alternative housing and moving into it in one week's time is not a mere inconvenience under even the best circumstances, let alone for a student in midst of an academic semester. The likelihood of an adverse impact on the Plaintiff's academic progress, graduate-school application preparation, and social and study opportunities is established on this (early) record. Even if the Plaintiff could financially handle a move (he does not say that financial wherewithal is the problem), it is those non-monetary obstacles that qualify as the irreparable harm for which no adequate remedy at law exists. (3.) On the balance of harms, it is true that Student 1 also has significant and intense interests at stake. For now, however, the no-contact directive appears to be working. And nothing in this order prevents the University from strengthening the no-contact directive to minimize even inadvertent contact in dorms, dining halls, or any other building or space on campus. For example, the University may examine each student's class and extracurricular schedules, and then provide further direction as needed to prevent contact. (4.) The public-interest factor does not tip toward one party or the other. (5.) The need for the issuance of the TRO without a full adversarial presentation is warranted given the deadline to move by 11/07/2022 at 3 p.m. (6.) Effective now and continuing through 11/18/2022, the Defendant is barred from enforcing the 10/24/2022 and 10/31/2022 directive to move out of the residence hall and barred from enforcing the 10/24/2022 and 10/31/2022 ban from Housing and Residence Life halls and dining commons. This order binds the following persons with actual notice of the order: the Defendant's officers, agents, servants, employees, and attorneys, as well as any other persons who are in active concert or participation with those listed categories of individuals. (7.) The motion #5 to proceed under pseudonym and to label other case participants with pseudonyms is entered and continued for the assigned judge's later consideration. For now, the pseudonyms may remain in place.Emailed notice (Chang, Edmond)
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Filing 16
MINUTE entry before the Honorable Edmond E. Chang: Telephonic hearing held on the Plaintiff's motion for temporary restraining order #4 as Acting Emergency Judge. Counsel for both parties appeared on the hearing telephonically. Defense counsel was directed to email to the Court's Proposed Order email box (Proposed_Order_Chang@ilnd.uscourts.gov) a list of the cases that he cited; the email has been received. The Court will post an order on the docket later this evening. Mailed notice (cn).
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Filing 15
NOTICE by John Doe re supplement #14 (Fine, Steven)
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Filing 14
SUPPLEMENT to (Fine, Steven)
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Filing 13
NOTICE by John Doe re MOTION by Plaintiff John Doe to amend/correct complaint, #2 #11 (Fine, Steven)
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Filing 12
SEALED MOTION by Plaintiff John Doe (Fine, Steven)
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Filing 11
MOTION by Plaintiff John Doe to amend/correct complaint, #2 (Fine, Steven)
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Filing 10
MINUTE entry before the Honorable Edmond E. Chang: (1.) On review of the Complaint and its exhibits, the Court notes that Exhibit 9, R. 2-9, does not match the description in the Complaint, R. 2, para. 77. (2.) On review of the motion 5 to proceed under pseudonym, the emergency judge defers the motion to the assigned judge, so pseudonyms may remain in place for now. Having said that, the Plaintiff shall file, before the 2:00 p.m. hearing today, an **under seal** Statement of Identification listing the true names of each pseudonym (his and all others referred to in the filings). The Statement shall be emailed to defense counsel. Emailed notice (mw, )
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Filing 9
MINUTE entry before the Honorable Edmond E. Chang: Judge Coleman having recused herself, presentment of Plaintiff's emergency motion for temporary restraining order and preliminary injunction #4 will be reset for 11/04/2022 at 2:00 p.m. and will proceed by telephone conference before the Substitute Emergency Judge Chang. The call-in number is (650) 479-3207 and the access code is 180 384 7218#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (mw, )
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Filing 8
ATTORNEY Appearance for Defendant The University of Chicago by Scott L. Warner (Warner, Scott)
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Filing 7
MINUTE entry before the Honorable Sharon Johnson Coleman: Presentment of Plaintiff's emergency motion for temporary restraining order and preliminary injunction #4 set for 11/4/2022 at 11:15 AM will proceed by telephone conference. The call-in number is (877)336-1829 and the access code is 5205245. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ym, )
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Filing 6
NOTICE of Motion by Steven H. Fine for presentment of motion for temporary restraining order #4 before Honorable Sharon Johnson Coleman on 11/4/2022 at 11:15 AM. (Fine, Steven)
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Filing 5
MOTION by Plaintiff John DoeMotion to Proceed Under Pseudonym (Fine, Steven)
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Filing 4
MOTION by Plaintiff John Doe for temporary restraining order (Fine, Steven)
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Filing 3
ATTORNEY Appearance for Plaintiff John Doe by Steven H. Fine (Fine, Steven)
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Filing 2
COMPLAINT filed by John Doe; Jury Demand. Filing fee $ 402, receipt number AILNDC-20012466. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Fine, Steven)
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Filing 1
CIVIL Cover Sheet (Fine, Steven)
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CASE ASSIGNED to the Honorable Charles P. Kocoras. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (smb, )
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CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (smb, )
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| Plaintiff: John Doe | |
| Represented By: | Steven H. Fine |
| Represented By: | Kristina W. Supler |
| Represented By: | Susan C. Stone |
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| Defendant: The University of Chicago | |
| Represented By: | Scott L. Warner |
| Represented By: | Allen Ford James |
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