Doe v. Rensselaer Polytechnic Institute et al
John Doe |
Larry Hardy, Elizabeth Mary Brown-Goyette, Rensselaer Polytechnic Institute, Travis Apgar, Leslie Norton and LeNorman J. Strong |
1:2018cv01013 |
August 23, 2018 |
US District Court for the Northern District of New York |
Mae A D'Agostino |
Daniel J Stewart |
Civil Rights: Education |
20 U.S.C. § 1681 Title IX Educational Amendments 1992 - Sex Discrimination |
Plaintiff |
Docket Report
This docket was last retrieved on September 6, 2018. A more recent docket listing may be available from PACER.
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Filing 33 AFFIDAVIT of Service for Subpoena served on RPI on 8/28/2018, filed by John Doe. (Knox, James) |
Filing 32 AFFIDAVIT of Service for Subpoena served on RPI on 8/28/18, filed by John Doe. (Knox, James) |
Filing 31 AFFIDAVIT of Service for Subpoena to Produce Documents served on RPI on 8/28/2018, filed by John Doe. (Knox, James) |
Filing 30 AFFIDAVIT of Service for Subpoena served on Elizabeth Mary Brown-Goyette on 8/28/2018, filed by John Doe. (Knox, James) |
Filing 29 AFFIDAVIT of Service for Subpoena served on Leslie Norton on 8/28/2018, filed by John Doe. (Knox, James) |
Filing 28 AFFIDAVIT of Service for Subpoena served on Larry Hardy on 8/28/2018, filed by John Doe. (Knox, James) |
Filing 27 TRANSCRIPT REQUEST by Rensselaer Polytechnic Institute for proceedings held on August 30, 2018 before Judge Mae A. D'Agostino.. (Reynolds, Pamela) |
Filing 26 TEXT ORDER directing that any future communications with the Court shall be made in writing and submitted through CM-ECF. Signed by U.S. District Judge Mae A. D'Agostino on 9/4/2018. (ban) |
Text Only Minute Entry for proceedings held before U.S. District Judge Mae A. D'Agostino: Show Cause Hearing held on 8/30/2018. Appearances Made: James Knox and Julie Nociolo, Esqs., for plaintiff and Jacqueline Polito and Pamela Reynolds, Esqs., for defendants. Court discusses plans for proceeding. Atty. Polito objects to Hardy being a witness for plaintiff's case in chief. Atty. Knox responds to defendants' objections. Court will permit Mr. Hardy to testify. Court believes testimony will shed some light on facts. Court will take about 45 minutes to 1 hour to render a decision. Court directs counsel to have communication with Judge Hummel about pending issues. Court will not discuss those communications with Judge Hummel. Court directs if parties are unable to resolve issues, court will conduct hearing. (Court Reporter Theresa Casal) Time: 11:00-11:15 a.m. (jel, ) |
Filing 25 ORDER granting #22 Motion for Protective Order; granting #22 Motion to Quash. After carefully reviewing the record in this matter, the parties' submissions and the applicable law, the Court hereby ORDERS that Defendants' motion to quash is GRANTED; and the Court further ORDERS that Defendants' motion for a protective order is GRANTED; and the Court further ORDERS that, within thirty (30) days of the date of this Order, Defendants shall serve Plaintiff with a copy of the exhibits submitted to the Court for in camera review, subject to the following conditions: 1. Use of this information is limited to the lawsuit brought by Plaintiff against Defendants; 2. Prior to disclosure of the exhibits, Defendants shall notify the students involved in compliance with FERPA; 3. Access to this information is limited to Plaintiff and his attorneys; 4. Prior to disclosure, Defendants shall redact Jane Roe's full name and the last name of any other students identified in the documents; 5. Any application to the Court by motion or otherwise that seeks to utilize this information as an exhibit shall file the exhibit under seal. Signed by U.S. District Judge Mae A. D'Agostino on 08/29/2018. (bto) |
Filing 24 LETTER BRIEF in Response to Defendants' Motion for a Protective Order and To Quash Plaintiff's Subpoenas by John Doe. (Nociolo, Julie) |
Filing 23 Witness List by John Doe. (Nociolo, Julie) |
Filing 22 MOTION for Protective Order , MOTION to Quash Motion Hearing set for 8/30/2018 11:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 8/13/2018 filed by Travis Apgar, Elizabeth Mary Brown-Goyette, Larry Hardy, Leslie Norton, Rensselaer Polytechnic Institute, LeNorman J. Strong. (Attachments: #1 Declaration of Pamela S.C. Reynolds, #2 Exhibit(s) A to Reynolds Declaration, #3 Exhibit(s) B to Reynolds Declaration, #4 Exhibit(s) C to Reynolds Declaration, #5 Exhibit(s) D to Reynolds Declaration, #6 Exhibit(s) E to Reynolds Declaration, #7 Exhibit(s) F to Reynolds Declaration) Motions referred to Daniel J. Stewart. (Reynolds, Pamela) |
Filing 21 RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Travis Apgar, Elizabeth Mary Brown-Goyette, Larry Hardy, Leslie Norton, Rensselaer Polytechnic Institute, LeNorman J. Strong. (Polito, Jacqueline) |
Filing 20 LETTER BRIEF re: in camera review by Travis Apgar, Elizabeth Mary Brown-Goyette, Larry Hardy, Leslie Norton, Rensselaer Polytechnic Institute, LeNorman J. Strong. (Polito, Jacqueline) |
Filing 19 AFFIDAVIT in Opposition re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Declaration of Larry Hardy filed by Travis Apgar, Elizabeth Mary Brown-Goyette, Larry Hardy, Leslie Norton, Rensselaer Polytechnic Institute, LeNorman J. Strong. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E - Student Sexual Misconduct Policy, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K)(Polito, Jacqueline) |
Filing 18 AFFIDAVIT of Service for Summons & Complaint served on Rensselaer Polytechnic Institute on 08/24/2018, filed by John Doe. (Knox, James) |
Filing 17 AFFIDAVIT of Service for Summons & Complaint served on LeNorman J. Strong on 08/24/2018, filed by John Doe. (Knox, James) |
Filing 16 AFFIDAVIT of Service for Summons & Complaint served on Travis Apgar on 08/24/2018, filed by John Doe. (Knox, James) |
Filing 15 AFFIDAVIT of Service for Summons & Complaint served on Elizabeth Mary Brown-Goyette on 08/24/2018, filed by John Doe. (Knox, James) |
Filing 14 AFFIDAVIT of Service for Summons & Complaint served on Leslie Norton on 08/24/2018, filed by John Doe. (Knox, James) |
Filing 13 AFFIDAVIT of Service for Summons & Complaint served on Larry Hardy on 08/24/2018, filed by John Doe. (Knox, James) |
***Answer due date updated for Travis Apgar answer due 9/14/2018; Elizabeth Mary Brown-Goyette answer due 9/14/2018; Larry Hardy answer due 9/14/2018; Leslie Norton answer due 9/14/2018; Rensselaer Polytechnic Institute answer due 9/14/2018; LeNorman J. Strong answer due 9/14/2018. (jdp, ) |
Filing 12 TEXT ORDER granting #11 Letter Request. It is hereby ORDERED that Defendants' August 27, 2018 Letter Request is GRANTED. The Show Cause hearing originally scheduled to commence on August 30, 2018 at 10:00am will now commence at 11:00am. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 08/27/2018. (bto) |
Filing 11 Letter Motion from Jacqueline Phipps Polito for Travis Apgar, Elizabeth Mary Brown-Goyette, Larry Hardy, Leslie Norton, Rensselaer Polytechnic Institute, LeNorman J. Strong requesting Hearing time change submitted to Judge D'Agostino . (Polito, Jacqueline) |
Filing 10 NOTICE of Appearance by Pamela S.C. Reynolds on behalf of Travis Apgar, Elizabeth Mary Brown-Goyette, Larry Hardy, Leslie Norton, Rensselaer Polytechnic Institute, LeNorman J. Strong (Reynolds, Pamela) |
Filing 9 NOTICE of Appearance by Jacqueline P. Polito on behalf of Travis Apgar, Elizabeth Mary Brown-Goyette, Larry Hardy, Leslie Norton, Rensselaer Polytechnic Institute, LeNorman J. Strong (Polito, Jacqueline) |
Filing 8 TEXT ORDER TO SEAL re Exhibits A, C, D, and E to #1 Complaint filed by John Doe: It is hereby ORDERED that Exhibits A, C, D, and E of Plaintiff's Complaint are SEALED. The Clerk is directed to file Exhibits A,C,D, and E under seal. Signed by U.S. District Judge Mae A. D'Agostino on 8/24/2018. (ban) |
Filing 7 Summons Issued as to Travis Apgar, Elizabeth Mary Brown-Goyette, Larry Hardy, Leslie Norton, Rensselaer Polytechnic Institute and LeNorman J. Strong. (Attachments: #1 Summons Issued as to Elizabeth Mary Brown-Goyette, #2 Summons Issued as to Larry Hardy, #3 Summons Issued as to Leslie Norton, #4 Summons Issued as to Rensselaer Polytechnic Institute, #5 Summons Issued as to LeNorman Strong) (dpk) |
Filing 6 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. http://www.nynd.uscourts.gov/sites/nynd/files/DAgostino_03142016.pdf. (dpk) |
Filing 5 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/26/2018 at 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/19/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (dpk) |
Filing 4 ORDER TO SHOW CAUSE re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by John Doe: The Court ORDERS that a Show Cause Hearing is set for 8/30/2018 at 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino; The Court further ORDERS that Defendants shall file any opposition to the application for a preliminary injunction on or before Tuesday, August 28, 2018; and the Court further ORDERS that Plaintiff shall personally serve this Order to Show Cause, along with all of its submissions, by personal service, no later than today, August 24, 2018, at 4:00 p.m.; and the Court further ORDERS that the parties shall file a witness list providing the names of any witnesses they intend to call at the hearing on or before Wednesday, August 29, 2018. Signed by U.S. District Judge Mae A. D'Agostino on 8/24/2018. (ban) |
Filing 3 MOTION for Order to Show Cause for Preliminary Injunction and Temporary Restraining Order by John Doe. (Attachments: #1 Proposed Order to Show Cause) (dpk) |
Filing 2 MOTION to Proceed Under a Pseudonym Pursuant to FRCP Rule 10(a) and to Seal Attachments to Complaint Pursuant to Local Rule 83.13 filed by John Doe. (Attachments: #1 Memorandum of Law, #2 Proposed Order to Seal) (dpk) |
Filing 1 COMPLAINT against Travis Apgar, Elizabeth Mary Brown-Goyette, Larry Hardy, Leslie Norton, Rensselaer Polytechnic Institute and LeNorman J. Strong (Filing fee $400 receipt number ALB011082) filed by John Doe. (Attachments: #1 Exhibit A (Sealed), #2 Exhibit B (Rensselaer Polytechnic Institute Student Sexual Misconduct Policy and Procedures), #3 Exhibit C (Sealed), #4 Exhibit D (Sealed), #5 Exhibit E (Sealed)) [Attachments for Exhibits A,C,D & E are placeholders only; Exhibits will be uploaded in accordance with Judge D'Agostino's decision on the pending motion to seal] (dpk) (Additional attachment added on 8/24/2018: #6 Civil Cover Sheet) (dpk) (Attachment 1 replaced on 8/24/2018) (dpk, ). (Attachment 3 replaced on 8/24/2018) (dpk, ). (Attachment 4 replaced on 8/24/2018) (dpk, ). (Attachment 4 replaced on 8/24/2018) (dpk, ). (Attachment 5 replaced on 8/24/2018) (dpk, ). |
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