Doe v. Rensselaer Polytechnic Institute
| John Doe |
| Rensselaer Polytechnic Institute |
| Terence P. O'Connor |
| 1:2020cv01359 |
| November 3, 2020 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Brenda K Sannes |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Defendant |
Docket Report
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This docket was last retrieved on December 7, 2020. A more recent docket listing may be available from PACER.
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| Filing 34 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Terence O'Connor, Esq. has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Julie A. Nociolo, Esq. and Rhiannon Spencer, Esq.. Dated: 12/04/2020(Nociolo, Julie) |
Filing 33
TEXT ORDER Setting Response deadline on #3 MOTION to Proceed under a pseudonym and Seal attachments to Complaint: Defendants, having now appeared in this action are directed to respond to Dkt. no. 3. Response to Motion due by 12/11/2020. Authorized by Magistrate Judge Christian F. Hummel on 12/2/2020. (tab)
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Filing 32
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 12/11/2020. Deadline for completion of Mandatory Mediation is 1/8/2021. Signed by Judge Brenda K. Sannes on 12/1/2020. (rjb, )
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| Filing 31 Letter Motion from Julie Nociolo, Esq. for John Doe requesting dates to decide mediator and to complete mediation submitted to Judge Brenda K. Sannes . (Nociolo, Julie) |
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Filing 30
TEXT ORDER: In light of the parties' joint status report #29 and agreement that Plaintiff "will be permitted to continue his coursework and complete the semester while appealing defendant's sanction of expulsion" and that they have "agreed to this interim solution as a matter of compromising the TRO and injunction motion," the Clerk of the Court is directed to terminate the pending motion for a preliminary injunction #5 . Further, the Court grants Plaintiff's request for an order expediting mediation. SO ORDERED by Judge Brenda K. Sannes on 11/30/2020. (rjb, )
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| Filing 29 STATUS REPORT by John Doe. (Nociolo, Julie) |
| Filing 28 TRANSCRIPT of Proceedings: Telephone Conference held on 11/23/2020 before Judge Brenda K. Sannes, Court Reporter: Hannah Cavanaugh, Telephone number: 315-234-8545. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/16/2020. Redacted Transcript Deadline set for 12/28/2020. Release of Transcript Restriction set for 2/23/2021. Notice of Intent to Redact due by 11/30/2020 (hfc, ) |
| Filing 27 Defendant's ANSWER to #1 Complaint, by Rensselaer Polytechnic Institute.(Spencer, Rhiannon) |
| Filing 26 TRANSCRIPT REQUEST by John Doe for proceedings held on 11/23/2020 before Judge Brenda K. Sannes.. (Nociolo, Julie) |
| TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Telephonic Motion Hearing held on 11/23/2020 re: #5 Motion for Preliminary Injunction. Appearances: Julie Nociolo, Esq. and Benjamin Neidl, Esq. for Plaintiff; Michael Ginsberg, Esq. and Rhiannon Spencer, Esq. for Defendant. Judge Sannes hears from counsel on the pending motion for preliminary injunction and inquires about whether a mediation or settlement conference could resolve the matter. Counsel will confer on whether a mediation or settlement conference might be helpful and will file a status report with the Court by close of business 11/30/2020. The current temporary restraining order issued by the Court remains in place until 12/3/2020. (Court Reporter Hannah Cavanaugh; 1:32PM-2:10PM) (rjb, ) |
| Filing 25 MEMORANDUM OF LAW re #3 Motion for Miscellaneous/Other Relief, Opposition to Plaintiff's Application to Proceed Under a Pseudonym filed by Rensselaer Polytechnic Institute. (Spencer, Rhiannon) |
| Filing 24 STATUS REPORT to Judge Sannes regarding RPI determination of Nov.19, by John Doe. (Attachments: #1 Exhibit(s) Exhibit A to Letter)(Neidl, Benjamin) |
| Filing 23 EXHIBIT to #22 Letter Motion re #5 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Rensselaer Polytechnic Institute. (Attachments: #1 Exhibit(s))(Spencer, Rhiannon) Modified on 11/20/2020 (mgh). |
| Filing 22 LETTER MOTION in Response to Plaintiff's request for an evidentiary hearing re #5 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Rensselaer Polytechnic Institute. (Spencer, Rhiannon) Modified on 11/20/2020 (mgh). |
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Filing 21
TEXT ORDER: The TRO #14 the Court issued on 11/6/2020 precluding RPI from excluding Plaintiff from participating in his coursework via online learning is set to expire on 11/20/2020. The Court, for good cause, namely the disruption in online learning as the end of the semester nears if the TRO is not extended, extends the TRO 14 days. The TRO will expire upon the Court's issuance of a decision on Plaintiff's motion for a preliminary injunction or 14 days, whichever is sooner, unless the Court for good cause, extends the order. SO ORDERED by Judge Brenda K. Sannes on 11/19/2020. (rjb, )
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| TEXT NOTICE of Hearing on the #5 Motion for Preliminary Injunction: Telephonic Motion Hearing set for 11/23/2020 at 01:30 PM before Judge Brenda K. Sannes. Separate call in instructions will be provided. (rjb, ) |
| Filing 20 REPLY to Response to Motion re #5 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by John Doe. (Attachments: #1 Exhibit(s) A)(Nociolo, Julie) |
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Filing 19
TEXT ORDER granting #18 Letter Request - reply due by 11/17/2020 at 5:00 PM. SO ORDERED by Judge Brenda K. Sannes on 11/17/2020. (rjb, )
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| Filing 18 Letter Motion from Julie Nociolo, Esq. for John Doe requesting extension to file reply submitted to Judge Brenda K. Sannes . (Nociolo, Julie) |
| Filing 17 AFFIDAVIT in Opposition re #5 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Rensselaer Polytechnic Institute. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Memorandum of Law)(Spencer, Rhiannon) |
| Filing 16 TRANSCRIPT of Proceedings: Telephone Conference held on 11/5/2020 before Judge Brenda K. Sannes, Court Reporter: Hannah Cavanaugh, Telephone number: 315-234-8545. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/3/2020. Redacted Transcript Deadline set for 12/14/2020. Release of Transcript Restriction set for 2/10/2021. Notice of Intent to Redact due by 11/17/2020 (hfc, ) |
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Filing 15
ORDER that Plaintiff's motion to seal the Exhibits to the Complaint (Dkt. No. #3 ) is DENIED without prejudice to renew; if Plaintiff does not renew his motion to seal by November 20, 2020, the Court Clerk is directed to unrestrict the Exhibits to the Complaint. Any response to Plaintiff's motion to proceed anonymously (Dkt. No. #3 ) is due by November 20, 2020. Signed by Judge Brenda K. Sannes on 11/10/2020. (rjb, )
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Filing 14
ORDER that Plaintiffs' motion for a TRO (Dkt. No. #5 ) is GRANTED to the extent it seeks to preclude RPI from excluding Plaintiff from participating in his coursework via online learning; RPI is restrained from excluding Plaintiff from participating in his coursework via online learning. This TRO does not otherwise disturb any aspect of RPI's investigation or determination on this matter, or any penalty it might impose, nor does it disturb RPI's prohibition against Plaintiff's presence on campus. In accordance with Rule 65(b)(2), this TRO expires upon RPI's determination following the judicial inquiry or within 14 days, whichever is sooner, unless the Court, for good cause, extends the order. Signed by Judge Brenda K. Sannes on 11/6/2020. (rjb, )
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| Filing 13 TRANSCRIPT REQUEST by John Doe for proceedings held on 11/5/2020 before Judge Brenda K. Sannes.. (Nociolo, Julie) |
| Filing 12 LETTER BRIEF by Rensselaer Polytechnic Institute. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s))(Spencer, Rhiannon) |
| Filing 11 LETTER BRIEF by John Doe. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Nociolo, Julie) |
| Filing 10 AFFIDAVIT of Service for Text Order dated 11/4/2020; Order to Show Cause for TRO/Preliminary Injunction; Declaration (Redacted); Memorandum of Law in Support; Summons; Complaint; Filing Order; Notice of Motion to Proceed Under Pseudonym; Memorandum of Law in Support; Proposed Order to Seal Certain Documents served on Rensselaer Polytechnic Institute on 11/4/2020, filed by John Doe. (Nociolo, Julie) |
| ***Answer due date updated for Rensselaer Polytechnic Institute answer due 11/25/2020. (mgh) |
| TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Telephone Conference held on 11/5/2020. Appearances: Benjamin Neidl, Esq. and Julie Nociolo, Esq. for Plaintiff; Michael Ginsberg, Esq. and Rhiannon Spencer, Esq. for Defendant. Judge Sannes hears from counsel on the motion for TRO and directs counsel to file letter briefs on the emergency suspension issue by 5:00 PM today. Defendant's brief on the motion for preliminary injunction is due by 11/13/2020, Plaintiff may file a reply by 11/16/2020. Once Judge Sannes has reviewed the preliminary injunction papers, she will determine if a hearing is necessary. (Court Reporter Hannah Cavanaugh; 9:30AM-9:51AM) (rjb, ) |
| Filing 9 NOTICE of Appearance by Rhiannon Ineva Spencer on behalf of Rensselaer Polytechnic Institute (Spencer, Rhiannon) |
| Filing 8 NOTICE of Appearance by Michael E. Ginsberg on behalf of Rensselaer Polytechnic Institute (Ginsberg, Michael) |
| Filing 7 CITED CASES (Slip Opinions) in further support of the #5 Motion for Preliminary Injunction, Motion for TRO Cited Cases filed by John Doe. (Attachments: #1 Supplement)(Nociolo, Julie) Modified on 11/4/2020 (mgh). |
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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. #5 ), and supporting papers, (Dkt. Nos. 5, 5-1 to -2). Plaintiff's request that the Court issue an Order to Show Cause setting an expedited briefing schedule is GRANTED. Plaintiff is directed to serve Defendant with a copy of this Text Order, the complaint and the motion for a temporary restraining order and preliminary injunction, along with supporting papers, and file a proof of service by November 6, 2020. Once the documents have been served, and defense counsel identified, the Court will schedule a telephone conference to set a briefing schedule. SO ORDERED by Judge Brenda K. Sannes on 11/4/2020. (rjb, )
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| Filing 5 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by John Doe. (Attachments: #1 Declaration in support of Motion for Temporary Restraining Order and Preliminary Injunction, #2 Memorandum of Law)(mgh) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/1/2021 09:30 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/25/2021. (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) |
| Filing 3 MOTION to Proceed under a pseudonym and Seal attachments to Complaint filed by John Doe. (Attachments: #1Memorandum of Law in support of Motion to Proceed Under a Pseudonym and file documents under seal, #2 proposed order) Motions referred to Christian F. Hummel. (mgh) |
| Filing 2 Summons Issued as to Rensselaer Polytechnic Institute. (mgh) |
| Filing 1 COMPLAINT against Rensselaer Polytechnic Institute (Filing fee $400 receipt number ANYNDC-5303917) filed by John Doe. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Civil Cover Sheet)(mgh) |
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