DOE v. Ithaca College et al
| JOHN DOE |
| Ithaca College and Bryan Roberts |
| 3:2023cv01600 |
| December 18, 2023 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Glenn T Suddaby |
| Civil Rights: Education |
| 28 U.S.C. § 1446 Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 27 AFFIDAVIT in Opposition re #17 MOTION to Dismiss for Failure to State a Claim filed by Bryan Roberts. filed by JOHN DOE. (Attachments: #1 Memorandum of Law, #2 Exhibit(s) Complaint, #3 Exhibit(s) Defendant's Motion to Dismiss)(Peake, Erin) |
| Filing 26 AFFIDAVIT in Opposition re #18 MOTION to Dismiss for Failure to State a Claim filed by Ithaca College. filed by JOHN DOE. (Attachments: #1 Memorandum of Law)(Peake, Erin) |
| Filing 25 STATUS REPORT Ashley R. Westbrook, Esq. Correspondence to Court by Bryan Roberts. (Glennon, Peter) |
| Filing 24 Letter from Molly F. Plewinski (incoming counsel for defendant Ithaca College) advising court of admission status. With mailing envelope attached. (kck) |
| Filing 23 RESPONSE to Motion re #14 MOTION Proceed Using Pseudonym filed by JOHN DOE. Response filed by Ithaca College. (D'Antonio, Thomas) |
| Filing 22 NOTICE OF ADMISSION REQUIREMENT as to Party Ithaca College; Attorney Ashley R. Westbrook, Esq., e-mail address is awestbrook@glennonlawfirm.com. Phone number is (585) 210-2150. Admissions due by 2/20/2024. (Copy served w/ GO #25 via email).(kck) |
| Filing 21 AFFIDAVIT in Opposition re #14 MOTION Proceed Using Pseudonym filed by JOHN DOE. Declaration of Peter J. Glennon, Esq. filed by Bryan Roberts. (Glennon, Peter) |
| Filing 20 NOTICE OF ADMISSION REQUIREMENT as to Party Ithaca College; Attorney Molly F. Plewinski - email address is mplewinski@hodgsonruss.com and phone number is (585) 454-0797. Admission due by 2/7/2024. (kck) Modified on 1/24/2024 to note that notice was served via email with copy of GO #25 on 1/24/24 (kck). |
| Filing 19 TEXT ORDER: In light of the filing of Motions to Dismiss [17, 18], the Rule 16 Initial Conference scheduled for 1/31/2024 before Magistrate Judge Miroslav Lovric, and the related conference deadlines, are all STAYED without date. Response to Motion to Proceed Using Pseudonym #14 remains due by 2/6/2024. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 1/23/2024. (jdc ) |
| Filing 18 MOTION to Dismiss for Failure to State a Claim filed by Ithaca College. Response to Motion due by 2/12/2024. Reply to Response to Motion due by 2/20/2024 (Attachments: #1 Memorandum of Law in Support of Motion) (D'Antonio, Thomas) |
| Filing 17 MOTION to Dismiss for Failure to State a Claim filed by Bryan Roberts. Response to Motion due by 2/12/2024. Reply to Response to Motion due by 2/20/2024 (Attachments: #1 Memorandum of Law MOL in Support of Motion to Dismiss) (Glennon, Peter) |
| CLERK'S CORRECTION OF DOCKET ENTRY: Draft version of Verified State Court Complaint dated 11/9/2023 was erroneously filed as docket #14-3. The Verified Complaint dated 11/20/2023 filed in State Court was filed at document #17 , removed from the docket and replaced the draft version of the Verified State Court Complaint filed at docket #14-3. (kck) |
| Filing 16 TEXT ORDER: Letter Motion #15 is GRANTED insofar as and to the extent that: (1) Plaintiff is authorized to submit to the Clerk of Court a redacted version of Attachment #3 to Motion #14 such that the redacted version of Attachment #3 may redact the name of Plaintiff in that document; (2) the Clerk of Court is authorized to replace Attachment #3 of Motion #14 with the redacted version to be provided by Plaintiff; and (3) thereafter, the Clerk of Court is directed to remove the restrictions to Attachment #3 of Motion #14 . SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 1/19/2024. (jdc ) |
| Filing 15 Letter Motion from Plaintiff for JOHN DOE requesting Re-Upload of Document/ Sealing submitted to Judge Miroslav Lovric . (Peake, Erin) |
| DOCKET ANNOTATION: The clerk has restricted attachment #3 to docket entry #14 as it contained plaintiff's full name. Otherwise, plaintiff is referred to as John Doe. Counsel is directed that they can file appropriate motions per the local and federal rules on the sealing of the attachment. (kck) |
| Filing 14 MOTION Proceed Using Pseudonym filed by JOHN DOE. Response to Motion due by 2/6/2024 (Attachments: #1 Memorandum of Law, #2 Affirmation, #3 Exhibit(s) Verified Complaint, #4 Exhibit(s) Fully Executed Stipulation) Motions referred to Miroslav Lovric. (Peake, Erin) (Attachment 3 replaced on 1/22/2024 with copy of Verified Complaint filed in State Court) (kck). |
| Filing 13 AFFIDAVIT NOTICE OF COMMENCEMENT OF ACTION FOR PERSONAL INJURIES PURSUANT TO CPLR 306-C by JOHN DOE. (Peake, Erin) |
| Filing 12 TEXT ORDER: The stipulations between the parties in Stipulation #11 are not endorsed by the Court, are not accepted by the Court, and fail to comply with case law from the Second Circuit Court of Appeals. Instead, the parties are directed to confer regarding Plaintiff proceeding under a pseudonym and file by 1/16/2024 either, (1) an appropriate stipulation (see below) if the parties are able to agree, or (2) if the parties are unable to stipulate, Plaintiff shall file a motion to proceed by pseudonym. Whether in an appropriate stipulation or in a motion, the parties shall specifically address all of the several factors as discussed by the Second Circuit Court of Appeals in case Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185 (2d Cir. 2008); see also Doe v. Del Rio, 241 F.R.D. 154, 156 (S.D.N.Y. 2006) (citing Doe v. Deschamps, 64 F.R.D. 652, 653 (D. Mont. 1974)); Doe v. Delta Airlines, Inc., 310 F.R.D. 222, 224 (S.D.N.Y. 2015); Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006); and Westmoreland v. Columbia Broad. Sys., Inc., 752 F.2d 16, 23 (2d Cir. 1984). The parties shall also include a proper proposed Order for the Court to consider which addresses all of these factors, whether in a filing of a stipulation or motion. The Federal Rules of Civil Procedure mandate that "[a]n action must be prosecuted in the name of the real party in interest." Fed. R. Civ. P. 17(a)(1). Rule 10(a) of the Federal Rules of Civil Procedure provides that "[t]he title of the complaint must name all the parties." Fed. R. Civ. P. 10(a). These rules are intended to further the fundamental right of public access to the courts. That right, sometimes referred to as a presumption of access, is rooted in our nation's history. See, United States v. Amodeo, 44 F.3d 141, 145 (2d Cir. 1995) ("Amodeo I"); see also Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 (1978). Courts have recognized a narrowly-crafted exception to requiring disclosure of party identities in cases where individual privacy concerns are implicated in a case. See, Doe v. City of N.Y., 201 F.R.D. 100, 101 (S.D.N.Y. 2001). In case Sealed Plaintiff v. Sealed Defendant, the Second Circuit established a list of ten, non-exhaustive factors that courts should consider when determining whether to permit a party to proceed anonymously. See, Sealed Plaintiff, 537 F.3d at 190. The parties are directed to address all of these factors and any others, whether in a stipulation or motion, and also set forth all such factors in a proposed Order for consideration by the Court. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 12/26/2023. (amt) |
| Filing 11 STIPULATION (Request to So-Order) by JOHN DOE. (Peake, Erin) |
| TEXT NOTICE: The Initial Conference set for 1/31/2024 at 11:00AM before Magistrate Judge Miroslav Lovric, via Microsoft Teams Teleconferencing. The Courtroom Deputy will send a teams link to the parties to participate. (jdc ) |
Filing 10
ORDER granting #8 Stipulation for an Extension of Time. Defendant Ithaca College shall respond to the complaint by 1/22/2024. Signed by Magistrate Judge Miroslav Lovric on 12/20/2023. (jdc )
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Filing 9
ORDER granting #7 request for an extension of time. Defendant Bryan Roberts Response is due by 1/22/2024. Signed by Magistrate Judge Miroslav Lovric on 12/20/2023. (jdc )
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| Filing 8 STIPULATION Enlarging Defendant Ithaca College's Time to Answer or Move with Respect to the Complaint by Ithaca College submitted to Judge Lovric. (D'Antonio, Thomas) |
| Filing 7 STIPULATION Enlarging Time to Respond by Bryan Roberts submitted to Judge Miroslav Lovric. (Glennon, Peter) |
| Filing 6 NOTICE OF APPEARANCE by Peter J. Glennon on behalf of Bryan Roberts (Glennon, Peter) |
| Filing 5 NOTICE OF ADMISSION REQUIREMENT as to Party John Doe; Attorney John Bonina, Esq. Email address is jbonina@medlaw1.com. Phone number is 718-522-1786.Admissions due by 1/2/2024. Served via regular mail with copy of GO #25 on 12/19/2023.(kck) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 1/31/2024 at 11:00 AM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/24/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (kck) |
| ***Answer due date set for Ithaca College answer due 12/26/2023; Bryan Roberts answer due 12/26/2023. (kck) |
| TEXT NOTICE OF FILING DEFICIENCY regarding the #1 Notice of Removal, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Defense Counsel has checked off Jury Demand on the Civil Cover Sheet, but the Jury Demand is not noted in the Notice of Removal, pursuant to Fed.R.Civ.P 38. Failure to file a Demand for Jury Trial pursuant to Fed.R.Civ.P. Rule 38 constitutes a waiver of a jury trial. Notice of Filing Deficiency Deadline 12/22/2023 (kck) |
| Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Ithaca College. No parent corporation. (kck) |
| Filing 2 STATE COURT COMPLAINT WITH JURY DEMAND relating to #1 Notice of Removal, filed by Plaintiff in NYS Supreme Court - Tompkins County. (kck) |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court - Tompkins County, case number EF2023-0762 (Filing fee $405 receipt number ANYNDC-6549550) filed by Ithaca College.(Attachments: #1 Exhibit A State Court Summons Complaint WITH JURY DEMAND Service, #2 Exhibit B NYS Order to Show Cause, #3 Exhibit C State Court Summons Complaint Service, #4 Exhibit D Redacted Email, #5 Exhibit E Affirmation OSHOW, #6 Exhibit F Request for Judicial Intervention, #7 Exhibit G Judicial Assignment Notice, #8 Exhibit H Judicial Assignment Notices, #9 Exhibit I Signed OSHOW, #10 Exhibit J Affidavits of Service, #11 Exhibit K Index of Pleadings, #12 Declaration of Consent, #13 Civil Cover Sheet)(kck) |
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