DOE NO. 62 v. INDIANA UNIVERSITY BLOOMINGTON et al
| JANE DOE NO. 62 |
| BETA ALPHA SHELTER OF DELTA TAU DELTA FRATERNITY, INC., DELTA TAU DELTA and INDIANA UNIVERSITY BLOOMINGTON |
| 1:2016cv01480 |
| June 16, 2016 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Denise K. LaRue |
| Jane Magnus-Stinson |
| P.I.: Other |
| 20 U.S.C. ยง 1681 Title IX Educational Amendments - Sex Discrimination |
| Plaintiff |
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Filing
158
ORDER - This case arises out of an alleged sexual assault that occurred in a college fraternity house during a fraternity-sponsored event. Plaintiff Jane Doe raised four claims of negligence against the Beta Alpha chapter of the Delta Tau Delta fr aternity ("DTD"), alleging that DTD breached its duty to protect her from sexual assault while she was a guest at the fraternity house. DTD filed a Motion for Summary Judgment on all of Ms. Doe's claims, and in an Order issued on Ap ril 18, 2018, the Court granted DTD's Motion as to one of her claims. As to the remaining claims, the Court certified several relevant questions to the Indiana Supreme Court and denied the remainder of DTD's Motion, without prejudice to further argument following the Indiana Supreme Court's decision. The Indiana Supreme Court denied consideration of the certified questions, and following further briefing, the remaining claims are ripe for resolution. For the reasons describe d below, the Court denies DTD's Motion for Summary Judgment as to those claims. A social fraternity owes a duty of care to its invitees to protect them from sexual assault by a fraternity member previously alleged to have committed sexual ass ault, where the fraternity knew or should have known of the prior allegations. The Court DENIES DTD's Motion for Summary Judgment 121 as to Ms. Doe's claims for premises liability, general negligence, and willful, wanton, and reckless misconduct. The Court requests that the Magistrate Judge confer with the parties at her earliest convenience to discuss a possible agreed resolution of this matter. (See Order). Signed by Judge Jane Magnus-Stinson on 7/11/2018.(APD)
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Filing
149
ORDER OF CERTIFICATION - During its consideration of Defendant Delta Tau Delta Beta Alpha Chapter's Motion for Summary Judgment, [Filing No. 121], the Court determined that several issues of unsettled state law control the disposition of Ms. Doe's remaining negligence claims. Accordingly, and for the reasons stated in that order, the Court hereby certifies the questions contained herein to the Indiana Supreme Court pursuant to Indiana Rule of Appellate Procedure 64. The Clerk is directed to forward this Order of Certification to the Clerk of the Indiana Supreme Court, along with a copy of each of the following: 1. Delta Tau Delta's Motion for Summary Judgment and the non-sealed exhibits filed therewith, [Filing No. 121 ]; 2. Delta Tau Delta's brief in support of its Motion for Summary Judgment, [Filing No. 122 ]; 3. Delta Tau Delta's redacted exhibits, [Filing No. 125 -1]; 4. Ms. Doe's response in opposition to the Motion for Summary Judgme nt and the exhibits filed therewith, [Filing No. 137 ]; 5. Delta Tau Delta's reply in support of its Motion for Summary Judgment, [Filing No. 143 ]; 6. Ms. Doe's surreply in opposition to the Motion for Summary Judgment, [Filing No. 144 ]. Should the Indiana Supreme Court desire access to the sealed exhibits, it may request them. (See Order). Copy of Order and applicable documents to Indiana Supreme Court. Signed by Judge Jane Magnus-Stinson on 4/18/2018.(APD)
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Filing
58
ORDER ON MOTION TO DISMISS - The Court DENIES the 32 Motion to Dismiss filed by DTD National and DTD Shelter. (See Order.) Signed by Judge Jane Magnus-Stinson on 12/12/2016. (GSO)
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