Doe v. Syracuse University et al
| Jane Doe |
| Syracuse University, John Wildhack and John Desko |
| 5:2021cv00977 |
| August 30, 2021 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Gary L Sharpe |
| Glenn T Suddaby |
| Civil Rights: Education |
| 20 U.S.C. § 1681 Title IX Educational Amendments 1992 - Sex Discrimination |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 7, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 33 JUDGMENT in favor of Syracuse University, John Desko, John Wildhack against Jane Doe. (jel, ) |
Filing 32
MEMORANDUM-DECISION and ORDER - That defendants' motion to dismiss (Dkt. No. 5) is GRANTED. That Doe's cross-motion to strike (Dkt. No. 26) is DENIED. That the complaint (Dkt. No. 1) is DISMISSED. That the Clerk is directed to close the case. Signed by Senior Judge Gary L. Sharpe on 9/7/2022. (jel, )
|
|
Filing 31
Text Only Order - Pending before the court is plaintiff's request to file a sur-reply or, in the alternative, to strike new arguments raised in defendants' reply. (Dkt. No. 30.) Plaintiff's request to file a sur-reply is DENIED and the Court RESERVES on plaintiff's request to strike new arguments in defendants' reply. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 10/22/2021. (jel, )
|
| Filing 30 Letter Motion from James A. Aliaga for Jane Doe requesting Leave to File Sur-Reply to Defendant's Reply to Plaintiffs Cross Motion to Strike and Response in Opposition to Defendants Motion to Dismiss for Failure to State a Claim submitted to Judge Gary L. Sharpe . (Aliaga, James) |
| Filing 29 REPLY to Response to Motion re #26 MOTION to Strike., #5 MOTION to Dismiss for Failure to State a Claim filed by John Desko, Syracuse University, John Wildhack. Motion returnable before Judge Glenn T. Suddaby / Defendants' Reply Brief in Support of Motion to Dismiss and Opposition to Plaintiff's Cross-Motion to Strike filed by John Desko, Syracuse University, John Wildhack. (Attachments: #1 Declaration of Gabriel M. Nugent in Support)(DeBruin, David) |
|
Filing 28
Text Only Order - Defendants' letter motion seeking to file a combined brief in response to plaintiff's cross-motion to strike and in further support of their motion to dismiss on or before October 11, 2021 (Dkt. No. 27) is GRANTED. The combined brief shall NOT exceed twenty-five (25) pages in length. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 10/1/2021. (jel, )
|
| Filing 27 Letter Motion from David DeBruin for John Desko, Syracuse University, John Wildhack requesting the deadline for Defendants to respond to Plaintiff's cross-motion to strike (ECF No. 26-1) be consolidated with the deadline for Defendants to file their reply papers in support of their motion to dismiss submitted to Judge Gary L. Sharpe . (Attachments: #1 Stipulation for Deadline Extension to Oppose Cross-Motion)(DeBruin, David) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #26 Motion to Strike. Modified docket entry to correct the judge association (deleted Chief Judge Glenn T. Suddaby, added Senior District Judge Gary L. Sharpe) and updated the ECF event to indicate this response contains a cross-motion. (dpk) |
| Filing 26 CROSS MOTION to Strike and RESPONSE in Opposition re #5 MOTION to Dismiss for Failure to State a Claim filed by John Desko, Syracuse University, John Wildhack. Motion returnable before Judge Gary L. Sharpe filed by Jane Doe. (Attachments: #1 Notice of Cross Motion to Strike Defendants Exhibits)(Aliaga, James) Modified on 9/29/2021 (dpk). |
|
Filing 25
ORDER granting #20 MOTION to File Documents Under Seal. Signed by Senior Judge Gary L. Sharpe on 9/23/2021. (jel, )
|
| Filing 24 NOTICE of Appearance by David DeBruin on behalf of John Desko, Syracuse University, John Wildhack (DeBruin, David) |
| Filing 23 WAIVER OF SERVICE Returned Executed by Jane Doe. John Wildhack waiver sent on 9/14/2021, answer due 11/15/2021. (Aliaga, James) |
| Filing 22 WAIVER OF SERVICE Returned Executed by Jane Doe. John Desko waiver sent on 9/14/2021, answer due 11/15/2021. (Aliaga, James) |
| Filing 21 WAIVER OF SERVICE Returned Executed by Jane Doe. Syracuse University waiver sent on 9/14/2021, answer due 11/15/2021. (Aliaga, James) |
| Filing 20 MOTION to File Documents Under Seal / Defendants' Notice of Unopposed Motion to File Documents Under Seal filed by John Desko, Syracuse University, John Wildhack. Response to Motion due by 10/8/2021 (Attachments: #1 Memorandum of Law in Support, #2 Proposed Order) Motions referred to Andrew T. Baxter. (Creelan, Jeremy) |
|
Filing 19
Text Only Order - Parties joint request for an extension of the deadlines to the pending motion to dismiss (Dkt. No. 18) is GRANTED. Response papers are to be filed on or before September 28, 2021. Reply papers are to be filed on or before October 11, 2021. Motion hearing will be on SUBMIT only. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 9/16/2021. (jel, )
|
| Filing 18 Joint Stipulation and Letter Motion for Jane Doe requesting Extension of Time for Plaintiff's Response and Defendants' Reply to Defendant's Motion to Dismiss submitted to Judge Sharpe . (Aliaga, James) |
| Filing 17 TEXT ORDER: Granting #12 Motion for Limited Admission Pro Hac Vice for attorney Katya Jestin. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Attorney Jestin is hereby admitted to practice in this action on behalf of defendants. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/13/2021. (kmc) |
|
Filing 16
TEXT ONLY ORDER - Pending is plaintiff's motion, brought by order to show cause, seeking various relief. (Dkt. No. 10.) The court previously approved a stipulation to seal certain documents, which moots a portion of that motion. (Dkt. No. 14.) As to the remainder of the relief sought, for the reasons articulated in defendants' response, (Dkt. No. 15), plaintiff's motion, (Dkt. No. 10), is DENIED. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 9/13/2021. (jel, )
|
| Filing 15 RESPONSE to Motion re #10 Emergency MOTION for Preliminary Injunction to Strike and Seal filed by Jane Doe. filed by John Desko, Syracuse University, John Wildhack. (Creelan, Jeremy) |
|
Filing 14
STIPULATION AND ORDER sealing disputed exhibits. Signed by Senior Judge Gary L. Sharpe on 9/13/2021. (jel, )
|
| Clerk sealed Defendants' Exhibit B (Dkt. No. 5-3), Exhibit E (Dkt. No. 5-6) and Exhibit L (Dkt. No. 5-13) pursuant to the Stipulation and Order signed by Senior District Gary L. Sharpe on September 13, 2021. (Dkt. No. 14.) (jel, ) |
| Filing 13 STIPULATION From Both Parties Agreeing to Sealing of Certain Exhibits by Jane Doe submitted to Judge Sharpe. (Aliaga, James) |
| Filing 12 MOTION for Limited Admission Pro Hac Vice of Katya Jestin Filing fee $100, receipt number ANYNDC-5644091. (Attachments: #1 Declaration of Jeremy M. Creelan in Support, #2 Attorney Registration Form, #3 Petition for Admission to Practice, #4 Certificate of Good Standing, #5 Proposed Order) Motions referred to Andrew T. Baxter. (Creelan, Jeremy) |
|
Filing 11
TEXT ONLY ORDER - Pending is plaintiff's motion to seal a memorandum of law and affidavit filed in support of a motion, brought by order to show cause, to seal and strike certain exhibits filed in support of defendants' motion to dismiss. (Dkt. No. 8.) The application to seal plaintiff's memorandum of law and affidavit, (id.) is GRANTED. Defendants shall respond to plaintiff's motion, brought by order to show cause, (Dkt. No. 10), on or before Monday, September 13, 2021 at 12:00 P.M. No reply is permitted. A return on the motion will be scheduled if and when necessary. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 9/9/2021. (jel, )
|
| CLERK'S CORRECTION OF DOCKET ENTRY - Per directive of chambers, the unredacted versions to Dkt. No. #8 and Dkt. No. #10 have been uploaded and filed under seal. (jel, ) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #10 Motion for Preliminary Injunction - Uploaded redacted affidavit of James Aliaga and filed unredacted affidavit of James Aliaga under seal. (jel, ) |
| Filing 10 Emergency MOTION for Preliminary Injunction to Strike and Seal filed by Jane Doe. by Jane Doe. (Attachments: #1 Affidavit, #2 Memorandum of Law)(Aliaga, James) (Additional attachment(s) added on 9/9/2021: #3 Memorandum of Law Unredacted Version) (jel, ). (Attachment 1 replaced on 9/9/2021) (jel, ). (Additional attachment(s) added on 9/9/2021: #4 Affidavit of James Aliaga Unredacted Version) (jel, ). |
|
Filing 9
TEXT ORDER OF RECUSAL. The undersigned hereby RECUSES himself from this action. Having reviewed this matter more closely, it has come to my attention that I may have a conflict of interest, and therefore I recuse myself from this case. WHEREFORE, it is hereby ORDERED that the Clerk enter this Text Order of Recusal for the undersigned; and it is further ORDERED that the Clerk shall randomly reassign this case to another United States District Judge. (Chief Judge Glenn T. Suddaby recused. Case reassigned to Senior Judge Gary L. Sharpe for all further proceedings. Magistrate Judge Andrew T. Baxter remains the assigned magistrate judge in this action). SO ORDERED by Chief Judge Glenn T. Suddaby on 9/8/2021. (sal )
|
| Filing 8 MOTION for Leave to File Documents Under Seal filed by Jane Doe. Response to Motion due by 9/29/2021 (Attachments: #1 Proposed Order/Judgment Proposed Order, #2 Exhibit(s) Exhibit A - Redacted Memo of Law In Support of OTSC, #3 Exhibit(s) Exhibit B - Redacted Affidavit of James A. Aliaga In Support of OTSC) Motions referred to Andrew T. Baxter. (Aliaga, James) (Additional attachment(s) added on 9/9/2021: #4 Memorandum of Law Unredacted Version, #5 Affidavit of James Aliaga - Unredacted Version) (jel, ). |
| Filing 7 TEXT ORDER: The Rule 16 conference set for 11/30/2021 and 11/23/2021 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after disposition of the #5 motion to dismiss. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/1/2021. (kmc) |
| Filing 6 TEXT ORDER GRANTING #4 plaintiff's unopposed motion to proceed under a pseudonym in this action. The court finds, upon consideration of the ten, non-exhaustive factors set forth in Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185, 190 (2d Cir. 2008), that plaintiff should be permitted to proceed anonymously. As set forth in plaintiff's memorandum of law (Dkt. No. 4-1 at 4-6): This action involves issues of a highly sensitive and personal nature involving, inter alia, domestic violence. Further, plaintiff has established a substantial risk that disclosure of her identity, which has not been publicly revealed, would result in irreparable harm to the mental health, well-being and reputation of a vulnerable individual. The defendants, who do not oppose plaintiff's motion and are well-aware of the plaintiff's identity, will not be significantly prejudiced if she is permitted to proceed under a pseudonym. And, while there may be a significant public interest in how alleged instances of domestic violence among students were addressed by Syracuse University, the public's interest in the identity of the alleged victim is much more attenuated. The parties are directed to refer to the plaintiff as "Jane Doe" in this litigation, and to refrain from filing, on the public docket, any pleading or document that reveals the name or other personal identifiers of the plaintiff. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/1/2021. (kmc) |
| Filing 5 MOTION to Dismiss for Failure to State a Claim filed by John Desko, Syracuse University, John Wildhack. Motion returnable before Judge Glenn T. Suddaby Response to Motion due by 9/21/2021. Reply to Response to Motion due by 9/28/2021 (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Exhibit(s) I, #11 Exhibit(s) J, #12 Exhibit(s) K, #13 Exhibit(s) L, #14 Exhibit(s) M, #15 Exhibit(s) N, #16 Exhibit(s) O, #17 Exhibit(s) P, #18 Exhibit(s) Q, #19 Exhibit(s) R, #20 Exhibit(s) S, #21 Exhibit(s) T, #22 Exhibit(s) U, #23 Exhibit(s) V, #24 Exhibit(s) W, #25 Exhibit(s) X, #26 Exhibit(s) Y) (Creelan, Jeremy) (Attachment 18 replaced on 8/31/2021) (ztc, ). (Additional attachment(s) added on 9/23/2021: #27 Exhibit(s) A - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #28 Exhibit(s) B - Unredacted) (jel, ). (Additional attachment(s) added on 9/23/2021: #29 Exhibit(s) C - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #30 Exhibit(s) D - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #31 Exhibit(s) E - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #32 Exhibit(s) F - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #33 Exhibit(s) G - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #34 Exhibit(s) H - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #35 Exhibit(s) I - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #36 Exhibit(s) J - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #37 Exhibit(s) K - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #38 Exhibit(s) L - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #39 Exhibit(s) M - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #40 Exhibit(s) N - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #41 Exhibit(s) O - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #42 Exhibit(s) P - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #43 Exhibit(s) Q - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #44 Exhibit(s) R - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #45 Exhibit(s) S - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #46 Exhibit(s) T - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #47 Exhibit(s) U - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #48 Exhibit(s) V - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #49 Exhibit(s) W - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #50 Exhibit(s) X - Unredacted Version) (jel, ). (Additional attachment(s) added on 9/23/2021: #51 Exhibit(s) Y - Unredacted Version) (jel, ). |
| CLERK'S CORRECTION OF DOCKET ENTRY re #5 Motion to Dismiss for Failure to State a Claim, Clerk replaced Exhibit Q with a redacted version provided by Counsel. (ztc, ) |
| Filing 4 MOTION TO PROCEED UNDER PSEUDONYM filed by Jane Doe. Response to Motion due by 9/21/2021. (Attachments: #1 Memorandum of Law in Support, #2 Declaration Of James A. Aliaga) Motions referred to US Magistrate Judge Andrew T. Baxter. (map) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference by Telephone set for 11/30/2021 at 10:00 AM before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/23/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (map) |
| Filing 2 Summons Issued as to Syracuse University, John Desko, John Wildhack. (Attachments: #1 Summons Issued: John Desko, #2 Summons Issued: John Wildhack)(map) |
| Filing 1 COMPLAINT WITH JURY DEMAND against John Desko, Syracuse University, John Wildhack (Filing fee $402 receipt number ANYNDC-5632625) filed by Jane Doe. (Attachments: #1 Civil Cover Sheet)(map) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
