Doe v. Rensselaer Polytechnic Institute et al
Plaintiff: John Doe
Defendant: Larry Hardy, LeNorman Strong, Rensselaer Polytechnic Institute, Travis Apgar, Peter Knowerski and Elizabeth Brown-Goyette
Case Number: 1:2019cv00719
Filed: June 18, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Brenda K Sannes
Referring Judge: Daniel J Stewart
Nature of Suit: Civil Rights: Education
Cause of Action: 20:1681
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 15, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 15, 2019 Filing 25 AFFIDAVIT in Opposition re #4 First MOTION for Temporary Restraining Order Supplemental Affidavit filed by Travis Apgar, Elizabeth Brown-Goyette, Larry Hardy, Peter Knowerski, Rensselaer Polytechnic Institute, LeNorman Strong. (Spencer, Rhiannon)
August 14, 2019 Opinion or Order Filing 24 TEXT ORDER. Following the recently held oral argument on the Plaintiff's Motion for a Preliminary Injunction, the Court directed defense counsel to provide it with a complete copy of the documents submitted to the RPI Hearing Board upon which they based their determination. Pursuant to the Affidavit of Larry Hardy, Dkt. No. 11-1, it was the Court's understanding that portions of the documents submitted to the Hearing Board were redacted, and in particular, that the credibility assessment contained in the Investigative Report was not provided to the Hearing Board. Hardy Aff'd. at 45. However, upon an in camera review of the documents provided by the Defendants' counsel, it does not appear that such reactions were in fact made. The Court directs that defense counsel correct the record by submitting a supplemental affidavit, if necessary, and to provide Plaintiffs counsel with a copy of the records that were recently submitted to the Court for an in camera review. Those records shall be held on attorney's eyes only basis by Plaintiff's counsel. Any supplemental filing by Defendants, and the production of the documents to Plaintiff's counsel, shall be completed on or before August 15, 2019. Plaintiff's counsel is granted permission to submit a response on August 16, 2019. SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 8/14/2019. (Stewart, Daniel)
August 9, 2019 TEXT NOTICE re Defendants' #15 MOTION to Dismiss. The motion will be on SUBMIT only. No oral argument will be heard unless otherwise directed by the Court. (mab)
August 8, 2019 Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Oral Argument held on 8/8/2019 re Plaintiff's #4 MOTION for Temporary Restraining Order. Appearances: Scott Iseman, Esq. and Julia Kosneski, Esq. for Plaintiff; Rhiannon Spencer, Esq. and Michael Ginsberg, Esq. for Defendants. The Court first addresses Plaintiff's request to proceed anonymously in this matter. After hearing from counsel, the Court grants the request. The Court hears argument as to Plaintiff's Motion for a Temporary Restraining Order. After hearing from counsel, the Court reserves on a decision. A written order on the motion will be issued. (TIME: 10:00AM-10:58AM). (Court Reporter: Jacqueline Stroffolino) (mab)
August 8, 2019 Opinion or Order Filing 23 TEXT ORDER. During the recently held oral argument on the Plaintiffs Motion for a Preliminary Injunction, reference was made to the evidence packet that was submitted to the Case Management Team in connection with the Complaint of Jane Roe # 1. It is unclear to the Court what evidence was submitted first to the CMT, and thereafter to the Hearing Board, particularly as it relates to statements of Jane Roe # 2 regarding a claim of sexual misconduct by John Doe on a separate occasion. Accordingly, the Court directs that Defendant RPI submit, for an in camera review, a complete copy of the evidence packet provided to the CMT, as well as the evidence submitted to the Hearing Board which formed the basis of its decision on the appeal by John Doe of the CMT's findings. That submission shall be made on or before August 9, 2019. SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 8/8/2019. (Stewart, Daniel)
August 1, 2019 Filing 22 REPLY to Response to Motion re #15 MOTION to Dismiss for Failure to State a Claim filed by Travis Apgar, Elizabeth Brown-Goyette, Larry Hardy, Peter Knowerski, Rensselaer Polytechnic Institute, LeNorman Strong. (Spencer, Rhiannon)
July 29, 2019 Filing 21 RESPONSE in Opposition re #15 MOTION to Dismiss for Failure to State a Claim filed by John Doe. (Iseman, Scott)
July 26, 2019 Opinion or Order Filing 20 TEXT ORDER re Plaintiff's #4 MOTION for Temporary Restraining Order: Oral Argument on the motion is set for August 8, 2019 at 10:00 AM before the undersigned. Counsel are directed to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Courtroom No. 2 Albany, NY on the scheduled date and time. SO ORDERED by Magistrate Judge Daniel J. Stewart on 7/26/2019. (mab)
July 15, 2019 Filing 19 REPLY to Response to Motion re #4 First MOTION for Temporary Restraining Order filed by John Doe. (Attachments: #1 Declaration Declaration of Scott W. Iseman, Esq., #2 Exhibit(s) Exhibit A to Iseman Declaration, #3 Exhibit(s) Exhibit B to Iseman Declaration, #4 Exhibit(s) Exhibit C to Iseman Declaration, #5 Exhibit(s) Exhibit D to Iseman Declaration, #6 Exhibit(s) Exhibit E to IsemanDeclaration, #7 Exhibit(s) Exhibit F to Iseman Declaration)(Iseman, Scott)
July 15, 2019 Filing 18 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Daniel J. Stewart. Signed by Judge Brenda K. Sannes on 7/15/2019. (rjb, )
July 12, 2019 TEXT NOTICE of Hearing on Motion re: #15 Motion to Dismiss for Failure to State a Claim : Motion returnable 8/15/2019 before Judge Brenda K. Sannes, on submission of the papers. No personal appearances unless advised by the Court. Response to Motion due by 7/29/2019. Reply to Response to Motion due by 8/5/2019. (sg,)
July 12, 2019 Opinion or Order Filing 17 TEXT ORDER granting Plaintiff's #16 Letter Request for extension of time to file Reply to response to #4 First Motion for Temporary Restraining Order : Reply to Response to Motion due by 7/15/2019. SO ORDERED by Judge Brenda K. Sannes on 7/12/2019. (sg)
July 12, 2019 Filing 16 LETTER Request by John Doe. (Iseman, Scott) Modified on 7/12/2019 to reflect that this is a letter request. (sg, ).
July 11, 2019 Filing 15 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 8/13/2019 09:30 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 7/29/2019 Reply to Response to Motion due by 8/2/2019. filed by Travis Apgar, Elizabeth Brown-Goyette, Larry Hardy, Peter Knowerski. (Attachments: #1 Memorandum of Law) (Spencer, Rhiannon)
July 11, 2019 Filing 14 ANSWER to #1 Complaint, by Rensselaer Polytechnic Institute.(Spencer, Rhiannon)
July 9, 2019 Filing 13 NOTICE by Travis Apgar, Elizabeth Brown-Goyette, Larry Hardy, Peter Knowerski, Rensselaer Polytechnic Institute, LeNorman Strong Notice, Consent, and Reference (Spencer, Rhiannon)
July 9, 2019 Opinion or Order Filing 12 TEXT ORDER re: Hearing on Motion for Temporary Restraining Order (Dkt. No. #4 ): Oral argument on Plaintiff's Motion for Temporary Restraining Order is scheduled for July 25, 2019 at 1 p.m. in Syracuse before Judge Brenda K. Sannes. Appearances are required. SO ORDERED by Judge Brenda K. Sannes on 7/8/2019. (sg)
July 8, 2019 Filing 11 RESPONSE in Opposition re #4 First MOTION for Temporary Restraining Order filed by Travis Apgar, Elizabeth Brown-Goyette, Larry Hardy, Peter Knowerski, Rensselaer Polytechnic Institute, LeNorman Strong. (Attachments: #1 Affidavit, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s))(Spencer, Rhiannon)
July 2, 2019 Opinion or Order Filing 10 TEXT ORDER granting #9 Letter Request, response due July 8, 2019. SO ORDERED by Judge Brenda K. Sannes on 7/2/2019. (rjb, )
July 1, 2019 Filing 9 LETTER BRIEF Requesting an Extension by Travis Apgar, Elizabeth Brown-Goyette, Larry Hardy, Peter Knowerski, Rensselaer Polytechnic Institute, LeNorman Strong. (Spencer, Rhiannon) Modified on 7/2/2019 (rjb, ).
June 24, 2019 ***Answer due date updated for Travis Apgar answer due 7/11/2019; Elizabeth Brown-Goyette answer due 7/11/2019; Larry Hardy answer due 7/11/2019; Peter Knowerski answer due 7/11/2019; Rensselaer Polytechnic Institute answer due 7/11/2019; LeNorman Strong answer due 7/11/2019. (mgh)
June 21, 2019 Filing 8 AFFIDAVIT of Service for Civil Cover Sheet, Summons, Complaint, Memorandum of Law in Support of Order to Show Cause for a TRO and Preliminary Injunction, Proposed Order to Show Cause, Text Order & Filing Order General Order 25 served on Larry Hardy, Elizabeth Brown-Goyette, Lenorman Strong, Travis Apgar, Peter Konwerski, Rhiannon Spencer on 6/20/2019 and 6/21/2019, filed by John Doe. (Attachments: #1 Affidavit Hardy, #2 Affidavit Strong, #3 Affidavit Konwerski, #4 Affidavit Spencer, #5 Affidavit Apgar)(Iseman, Scott)
June 21, 2019 Filing 7 NOTICE of Appearance by Rhiannon Ineva Spencer on behalf of All Defendants (Spencer, Rhiannon)
June 20, 2019 CLERK'S CORRECTION OF DOCKET ENTRY re #5 Memorandum of Law. At the Request of Plaintiff's Counsel attachments to this entry have been replaced to appropriately label the exhibits and make any necessary additional redactions. (mgh)
June 19, 2019 Opinion or Order Filing 6 TEXT ORDER: The Court has reviewed Plaintiff's proposed order to show cause for a temporary restraining order and preliminary injunction, (Dkt. No. #4 ), and supporting papers, (Dkt. Nos. #5 , 5-1 to -5). Plaintiff's request that the Court issue an Order to Show Cause setting an expedited briefing schedule is GRANTED. Plaintiff is directed to serve Defendants with a copy of this Text Order and the motion for a temporary restraining order and preliminary injunction, along with supporting papers, no later than June 21, 2019, and file a proof of service by June 24, 2019. Defendants shall file a response to Plaintiff's motion for a temporary restraining order and preliminary injunction, as well as the proposed order (Dkt. No. #4 , at 1-2), by July 5, 2019, and Plaintiff may file a reply by July 12, 2019. Counsel will be notified if oral argument is necessary. SO ORDERED by Judge Brenda K. Sannes on 6/19/2019. (rjb, )
June 18, 2019 Filing 5 MEMORANDUM OF LAW re #4 Motion for TRO filed by John Doe. (Attachments: #1 Exhibit(s) 2017-2018 Title IX Summary, #2 Declaration In Support of Order to Show Cause, #3 Exhibit(s) to Iseman Declaration Policies & Procedures, #4 Exhibit(s) To Iseman Declaration Nov. 29 Letter, #5 Exhibit(s) To Iseman Declaration RPI Sexual Misconduct Bill of Rights)(Iseman, Scott) (Attachment 3 replaced on 6/20/2019) (mgh, ). (Attachment 1 replaced on 6/20/2019) (mgh, ). (Attachment 4 replaced on 6/20/2019) (mgh, ). (Attachment 5 replaced on 6/20/2019) (mgh, ).
June 18, 2019 Filing 4 First MOTION for Temporary Restraining Order by John Doe.(Iseman, Scott)
June 18, 2019 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/16/2019 09:30 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 9/9/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh)
June 18, 2019 Filing 2 Summons Issued as to Travis Apgar, Elizabeth Brown-Goyette, Larry Hardy, Peter Knowerski, Rensselaer Polytechnic Institute, LeNorman Strong. (Attachments: #1 Summons Issued as to Elizabeth Brown-Goyette, #2 Summons Issued as to Larry Hardy, #3 Summons Issued as to Peter Konwerski, #4 Summons Issued as to RPI, #5 Summons Issued as to LeNorman Strong)(mgh)
June 18, 2019 Filing 1 COMPLAINT against Travis Apgar, Elizabeth Brown-Goyette, Larry Hardy, Peter Knowerski, Rensselaer Polytechnic Institute, LeNorman Strong (Filing fee $400 receipt number ANYNDC-4774200) filed by John Doe. (Attachments: #1 Civil Cover Sheet)(mgh)

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Defendant: Larry Hardy
Represented By: Rhiannon Ineva Spencer
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Defendant: LeNorman Strong
Represented By: Rhiannon Ineva Spencer
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Defendant: Rensselaer Polytechnic Institute
Represented By: Rhiannon Ineva Spencer
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Defendant: Travis Apgar
Represented By: Rhiannon Ineva Spencer
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Defendant: Peter Knowerski
Represented By: Rhiannon Ineva Spencer
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Defendant: Elizabeth Brown-Goyette
Represented By: Rhiannon Ineva Spencer
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Plaintiff: John Doe
Represented By: Scott W. Iseman
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