DOE v. Siena College
| JOHN DOE |
| Siena College |
| 1:2022cv01115 |
| October 27, 2022 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Brenda K Sannes |
| Civil Rights: Education |
| 20 U.S.C. § 1681 Title IX Educational Amendments 1992 - Sex Discrimination |
| Plaintiff |
Docket Report
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| Filing 36 Letter Motion from Suzanne M. Messer for Siena College requesting the Court to hold off on issuing a decision submitted to Judge Hon. Brenda K. Sannes . (Messer, Suzanne) |
Filing 35
TEXT ORDER: The time for Siena College to answer the complaint is extended to 12/31/2022. SO ORDERED by Chief Judge Brenda K. Sannes on 12/16/2022. (nmk)
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| Filing 34 Defendant's Exhibit List completed at evidentiary hearing. (nmk) |
| Filing 33 Plaintiff's Exhibit List completed at evidentiary hearing. (nmk) |
| TEXT Minute Entry for Evidentiary Hearing re #2 Motion for Preliminary Injunction held on 12/16/2022 before Chief Judge Brenda K. Sannes: 10:00 a.m. - Court addresses housekeeping issues with counsel. Ms. Davis calls Stuart Bernstein who is placed under oath and testifies. P1 admitted. 10:36 a.m. - Court is in recess. 10:44 a.m. - Court resumes. Ms. Davis calls John Doe who is placed under oath and testifies. 11:02 a.m. - Plaintiff rests. Ms. Messer calls Lois Goland who is placed under oath and testifies. 11:38 a.m. - Ms. Magley calls Danielle Joyce who is placed under oath and testifies. D3-7. 11:58 a.m. - Court hears supplemental arguments and questions counsel. 12:24 p.m. - Court is adjourned. Appearances: Tara Davis, Esq. for plaintiff; Suzanne Messer, Esq. and Liza Magley, Esq. for defendant. (Court Reporter: Hannah Cavanaugh.) (nmk) |
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Filing 32
TEXT ORDER: The Court has reviewed Plaintiff's proposed redacted exhibits to the declaration of Attorney Bernstein (Dkt. No. #22 ) in connection with Plaintiff's motion to seal (Dkt. No. #23 ). The Court finds that Plaintiff's proposed redactions are narrowly tailored and satisfy the standards set forth in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), and N.D.N.Y. Local Rule 5.2. The Court directs the Clerk to substitute the redacted exhibits to Dkt. No. #22 for the versions currently on the docket. The unredacted versions of the exhibits shall remain under seal. The Court has also reviewed Defendant's proposed redactions to Dkt. Nos. 17-3, 17-6, 17-8, 17-9, 17-10, 17-11, 17-14, 17-15, 17-20, 17-21, 17-24, and 17-29. The Court finds that Defendant's proposed redactions are narrowly tailored and satisfy the standards set forth in Lugosch and Local Rule 5.2. The Court directs the Clerk to substitute the redacted exhibits to Dkt. No. #17 for the versions currently on the docket; the unredacted versions of the exhibits shall remain under seal. Furthermore, the Court grants Defendant's motion to seal (Dkt. No. #16 ) to the extent that Defendant may file Dkt. Nos. 17-2, 17-5, 17-16, 17-17, 17-18, 17-19, 17-22, 17-23, 17-25, 17-26, 17-27, and 17-28 under seal. These documents consist of sensitive documents exchanged during the confidential Title IX proceeding and which, due to pervasive identifying information throughout, would not be easily or practically redacted. See Doe v. Rensselaer Polytechnic Inst., No. 20-cv-1185, 2020 WL 5775193, at *1, 2020 U.S. Dist. LEXIS 178168, at *2 (N.D.N.Y. Sept. 28, 2020) (granting motion to seal certain exhibits that were "exchanged between the parties during a confidential Title IX proceeding"); Borkowski v. Baltimore Cnty., Md., 414 F. Supp. 3d 788, 822 (D. Md. 2019) (granting motion to seal in Title IX case where the defendants "provided proposed redactions where feasible and [sought] to seal exhibits entirely where sensitive information pervades the documents"). SO ORDERED by Chief Judge Brenda K. Sannes on 12/15/2022. (nmk)
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| Filing 31 Letter Motion from Suzanne M. Messer for Siena College requesting that Ms. Goland be permitted to appear remotely submitted to Judge Brenda K. Sannes . (Messer, Suzanne) |
| Filing 30 Exhibit List for Evidentiary Hearing by Siena College. (Magley, Liza) |
| Filing 29 LETTER BRIEF in accordance with the Court's December 2, 2022 Text Minute Entry by JOHN DOE. (Davis, Tara) |
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Filing 28
TEXT ORDER: granting #27 Letter Request permitting witness Danielle Joyce to testify at the evidentiary hearing via video. SO ORDERED by Chief Judge Brenda K. Sannes on 12/8/2022. (nmk)
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| Filing 27 Letter Motion from Suzanne M. Messer for Siena College requesting that the Court permit one of the College's witnesses to appear at the Hearing remotely submitted to Judge Brenda K. Sannes . (Messer, Suzanne) |
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Filing 26
TEXT ORDER: The Court, considering the factors set forth in Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185, 189-90 (2d Cir. 2008), has determined that Plaintiff may proceed by pseudonym. Plaintiff's interest in anonymity in this case-which involves matters that are highly sensitive and of a personal nature-outweighs the public's interest in disclosure and any prejudice to Defendant, who consents to Plaintiff's request to proceed using a pseudonym. See id. at 189; see generally Doe #1 v. Syracuse Univ., No. 18-cv-496, 2018 WL 7079489, 2018 U.S. Dist. LEXIS 154899 (N.D.N.Y. Sept. 10, 2018), report-recommendation adopted by 2020 WL 2028285, 2020 U.S. Dist. LEXIS 74233 (N.D.N.Y. Apr. 28, 2020). In conformance with this ruling, the Court directs the court reporter to substitute "Doe" for the two instances counsel stated Plaintiff's first name in the transcript of the December 2, 2022 hearing. SO ORDERED by Chief Judge Brenda K. Sannes on 12/2/2022. (nmk)
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| TEXT NOTICE of Hearing: An Evidentiary Hearing is set for 12/16/2022 at 10:00 AM in Syracuse before Chief Judge Brenda K. Sannes. (nmk) |
| TEXT Minute Entry for Telephone Conference held on 12/2/2022 before Chief Judge Brenda K. Sannes: The court discusses evidentiary issues that need to be resolved with counsel. Attorney Bernstein moves to withdraw his appearance in this case as a potential witness at an evidentiary hearing, which the court grants. An evidentiary hearing is set for 12/16/2022 at 10:00 a.m. in Syracuse. The parties are directed to submit letters regarding anticipated witnesses and exhibits for the hearing by 12/9/2022. For the reasons stated on the record, the parties #16 and #23 motions to seal are granted in part and denied in part. Redacted documents or supplemental briefing supporting sealing are due by 12/16/2022. Appearances: Stuart Bernstein, Esq., Tara Davis, Esq. and Kristen Mohr, Esq. for plaintiff; Suzanne Messer, Esq. and Liza Magley, Esq. for defendant. (Court Reporter: Jodi Hibbard. Time: 9:00 a.m. - 9:32 a.m.) (nmk) |
| Filing 25 NOTICE of Appearance by Andrew Miltenberg on behalf of JOHN DOE (Miltenberg, Andrew) |
| Filing 24 NOTICE of Appearance by Tara J. Davis on behalf of JOHN DOE (Davis, Tara) |
| TEXT NOTICE of Hearing: A Telephone Conference is set for 12/2/2022 at 09:00 AM before Chief Judge Brenda K. Sannes. The parties are directed to dial 315-691-0477 and use ID 984584922# to connect to the call. (nmk) |
| Filing 23 Letter Motion from Andrew Miltenberg for JOHN DOE requesting Leave to File Under Seal submitted to Judge Brenda K. Sannes . (Miltenberg, Andrew) |
| Filing 22 NOTICE by JOHN DOE re #21 Response in Support of Motion, Declaration of Stuart Bernstein (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 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I)(Miltenberg, Andrew) (Attachments 1, 2, 3, 4, 5, 6, 7, 8, and 9, replaced on 12/12/2022 to upload redacted documents.) (nmk) (Additional attachment(s) added on 12/19/2022: #10 ***SEALED Exhibit A, #11 ***SEALED Exhibit B, #12 ***SEALED Exhibit C, #13 ***SEALED Exhibit D, #14 ***SEALED Exhibit E, #15 ***SEALED Exhibit F, #16 ***SEALED Exhibit G, #17 ***SEALED Exhibit H, #18 ***SEALED Exhibit I) (nmk, ). |
| Filing 21 RESPONSE in Support re #2 MOTION for Preliminary Injunction filed by JOHN DOE. Motion returnable before Judge Brenda K. Sannes MOTION for Temporary Restraining Order And In Reply To Defendant's Opposition filed by JOHN DOE. (Miltenberg, Andrew) |
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Filing 20
CONSENT ORDER granting substitution of attorney as to defendant Siena College: Attorney Joshua M. Agins and the firm of Ward Greenberg Heller & Reidy LLP no longer represent defendant. Defendant is now represented by the law firm of Bond, Schoeneck & King, PLLC, Suzanne Messer, Esq. and Liza Magley, Esq. Signed by Magistrate Judge Therese Wiley Dancks on 11/16/2022. (sg )
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Filing 19
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER: To clarify Paragraph 8 of this Stipulated Confidentiality Agreement and Protective Order ("Stipulation and Order"), the parties must obtain permission from the Court to file any document under seal pursuant to Local Rule 5.3. Additionally, since the parties stipulate, and the Court so orders herein, to not identify John Doe as set forth in Paragraph 2 of the Stipulation and Order, plaintiff's Motion to Proceed Under a Pseudonym (Dkt. No. #3 ) is moot. Signed by Magistrate Judge Therese Wiley Dancks on 11/16/2022. (sg)
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| Filing 18 CERTIFICATE OF SERVICE by Siena College re #17 Response in Opposition to Motion,,, (Messer, Suzanne) |
| Filing 17 RESPONSE in Opposition re #2 MOTION for Preliminary Injunction filed by JOHN DOE. Motion returnable before Judge Brenda K. Sannes MOTION for Temporary Restraining Order filed by Siena College. (Attachments: #1 Declaration of Kelly Gallagher, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Declaration of Maryellen Gilroy, #5 Exhibit(s) A, #6 Exhibit(s) B, #7 Declaration of Danielle Joyce, #8 Exhibit(s) A, #9 Exhibit(s) B, #10 Exhibit(s) C, #11 Exhibit(s) D, #12 Declaration of Lois Goland, #13 Exhibit(s) A, #14 Exhibit(s) B, #15 Exhibit(s) C, #16 Exhibit(s) D, #17 Exhibit(s) E, #18 Exhibit(s) F, #19 Exhibit(s) G, #20 Exhibit(s) H, #21 Exhibit(s) I, #22 Exhibit(s) J, #23 Exhibit(s) K, #24 Exhibit(s) L, #25 Exhibit(s) M, #26 Exhibit(s) N, #27 Exhibit(s) O, #28 Exhibit(s) P, #29 Exhibit(s) Q)(Messer, Suzanne) (Attachments 2, 5, 16, 17, 18, 19, 22, 23, 25, 26, 27, and 28 replaced on 12/15/2022 to upload sealed documents.) (nmk) (Attachments 3, 6, 8, 9, 10, 11, 14, 15, 20, 21, 24, and 29 replaced on 12/15/2022 to upload redacted documents.) (nmk) (Additional attachment(s) added on 12/19/2022: #30 ***SEALED Exhibit B to Declaration of Kelly Gallagher, #31 ***SEALED Exhibit B to Declaration of Maryellen Gilroy, #32 ***SEALED Exhibit A to Declaration of Danielle Joyce, #33 ***SEALED Exhibit B to Declaration of Danielle Joyce, #34 ***SEALED Exhibit C to Declaration of Danielle Joyce, #35 ***SEALED Exhibit D to Declaration of Danielle Joyce, #36 ***SEALED Exhibit B to Declaration of Lois Goland, #37 ***SEALED Exhibit C to Declaration of Lois Goland, #38 ***SEALED Exhibit H to Declaration of Lois Goland, #39 ***SEALED Exhibit I to Declaration of Lois Goland, #40 ***SEALED Exhibit L to Declaration of Lois Goland, #41 ***SEALED Exhibit Q to Declaration of Lois Goland) (nmk, ). |
| Filing 16 Letter Motion from Suzanne Messer for Siena College requesting Leave to File Under Seal submitted to Judge Brenda K. Sannes . (Attachments: #1 Proposed Order/Judgment)(Messer, Suzanne) |
| Filing 15 Joint MOTION to Substitute Attorney filed by Siena College. Response to Motion due by 11/30/2022 Motions referred to Therese Wiley Dancks. (Magley, Liza) |
| Filing 14 Letter Motion from Liza R. Magley for Siena College requesting So-Order the Stipulated Confidentiality Agreement and Protective Order, which also references plaintiff's motion to proceed under pseudonym (Dkt. No. #3 ) submitted to Judge Therese Wiley Dancks . (Attachments: #1 Proposed Order/Judgment Stipulated Confidentiality Agreement and Proposed Protective Order)(Magley, Liza) Modified on 11/9/2022 (sg, ). |
| Filing 13 RESPONSE to Motion re #3 MOTION Proceed Under A Pseudonym filed by JOHN DOE. Consenting to Plaintiff John Does Motion to Proceed Under a Pseudonym filed by Siena College. (Magley, Liza) |
| Filing 12 NOTICE of Appearance by Suzanne M. Messer on behalf of Siena College (Messer, Suzanne) |
| Filing 11 NOTICE of Appearance by Liza R. Magley on behalf of Siena College (Magley, Liza) |
| TEXT Minute Entry for video Motion Hearing held on 10/31/2022 before Chief Judge Brenda K. Sannes: Counsel advise that they have reached an agreement regarding how to proceed with the #2 Motion For Preliminary Injunction and Temporary Restraining Order and provide the agreements for resolving the need for a Temporary Restraining Order. The Court adopted the parties' proposed briefing schedule for the preliminary injunction: Opposition is due by 11/15/2022 and any reply is due by 11/22/2022. In light of the agreement, the #2 motion for a Temporary Restraining Order is denied as moot. A hearing will be set on the #2 Motion For Preliminary Injunction once the motion is fully briefed, if necessary. Appearances: Stuart Bernstein, Esq. and Kristen Mohr, Esq. for plaintiff; Joshua Agins, Esq. for defendant. (Court Reporter: Jodi Hibbard. Time: 1:29 p.m. - 1:57 p.m.) (nmk) |
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Filing 10
TEXT ORDER re: #3 MOTION Proceed Under A Pseudonym filed by JOHN DOE. : Motion returnable before Magistrate Judge Therese Wiley Dancks. Response to Motion due by 11/10/2022. No Reply permitted. If defendant consents to the motion, counsel for defendant shall file a letter to that effect as soon as possible, but no later than 11/10/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/28/2022. (sg)
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| Filing 9 NOTICE of Appearance by Joshua M. Agins on behalf of Siena College (Agins, Joshua) |
| Filing 8 Summons Issued as to Siena College. (pjh, ) |
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Filing 7
TEXT ORDER: The Court has reviewed the #1 complaint, #2 Plaintiff's motion for preliminary injunction and temporary restraining order, and all of the attachments. The Court notes that Plaintiff has filed #6 a certificate of service stating that all of these documents have been served on College Counsel for Siena College, Rose M. Seggos. A video teleconference is scheduled for October 31, 2022 at 1:30 p.m. via Microsoft Teams to discuss Plaintiff's request for a temporary restraining order and to set a briefing schedule for the motion for preliminary injunction. SO ORDERED by Chief Judge Brenda K. Sannes on 10/28/2022. (nmk)
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| Filing 6 CERTIFICATE OF SERVICE by JOHN DOE re #1 Complaint, #3 MOTION Proceed Under A Pseudonym filed by JOHN DOE., #2 MOTION for Preliminary Injunction filed by JOHN DOE. Motion returnable before Judge Brenda K. Sannes MOTION for Temporary Restraining Order (Bernstein, Stuart) |
| Filing 5 G.O. 25 FILING ORDER ISSUED: Initial Telephone Conference set for 1/19/2023 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/12/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh, ) Modified on 10/28/2022 to correct conference date. (pjh, ). (Main Document 5 replaced on 10/28/2022) (pjh, ). |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Attorney Kristen Mohr, Email address is kmohr@nmllplaw.com. Phone number is 212-736-4500. Admissions due by 11/14/2022. {Notice served via email and regular mail}(pjh, ) |
| CLERK'S CORRECTION OF DOCKET ENTRY: The #5 G.O. 25 Filing Order was replaced to correct the conference date. Service will be regenerated. (pjh, ) |
| Set/Reset Hearings: Initial Conference set for 1/19/2023 10:30 AM before Magistrate Judge Therese Wiley Dancks. Clerk inadvertently set the hearing date for 1/19/2022 in the previous docket entry. (pjh, ) |
| Filing 3 MOTION Proceed Under A Pseudonym filed by JOHN DOE. Motions referred to Magistrate Therese Wiley Dancks. (pjh, ) (Additional attachment(s) added on 10/28/2022: #1 Declaration of Stuart Bernstein, Esq., #2 Memorandum of Law, #3 Proposed Order) (pjh, ). |
| Filing 2 MOTION for Preliminary Injunction and Temporary Restraining Order filed by JOHN DOE. Motion returnable before Chief Judge Brenda K. Sannes. by JOHN DOE.(pjh, ) (Additional attachment(s) added on 10/28/2022: #1 Declaration of John Doe, #2 Exhibit A - 2022-2023 Sexual Misconduct and Interpersonal Violence Policy, #3 Exhibit B - Notice of Investigation, #4 Exhibit C - Medical Expert Declaration, #5 Exhibit D - Appeal-10-7-22, #6 Memorandum of Law, #7 Proposed Order) (pjh, ). |
| Filing 1 COMPLAINT WITH JURY DEMAND against Siena College (Filing fee $402 receipt number ANYNDC-6082978) filed by JOHN DOE. (Attachments: #1 Civil Cover Sheet)(khr) |
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| Plaintiff: JOHN DOE | |
| Represented By: | Andrew Miltenberg |
| Represented By: | Stuart Bernstein |
| Represented By: | Tara J. Davis |
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| Defendant: Siena College | |
| Represented By: | Joshua M. Agins |
| Represented By: | Suzanne M. Messer |
| Represented By: | Liza R. Magley |
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