Doe v. Weill Cornell Medical College of Cornell University et al
| Doe and John Doe |
| Weill Cornell Medical College of Cornell University, Jane Doe and Cornell University |
| 1:2016cv03531 |
| May 11, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| William H Pauley |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 16, 2016. A more recent docket listing may be available from PACER.
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Filing 94
ORDER granting #93 Letter Motion for Extension of Time. Application approved. The deadline to file an application to reopen the case or submit a settlement agreement to the Court is extended to December 31, 2016. Motions due by 12/31/2016. (Signed by Judge William H. Pauley, III on 12/16/2016) (tro)
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| Filing 93 LETTER MOTION for Extension of Time addressed to Judge William H. Pauley, III from Susan Kaplan dated 12/15/16. Document filed by John Doe.(Kaplan, Susan) |
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Filing 92
ORDER: It having been reported to this Court that this action has been or will be settled, this action is discontinued without costs to any party, and without prejudice to reopening this action if such an application is made within thirty (30) days of this Order. Any application to reopen must be filed within thirty (30) days of this Order, and any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for this Court to retain jurisdiction for the purposes of enforcing any settlement, they must submit the settlement agreement to this Court within the same thirty-day period to be "so ordered" by the Court. All conferences in this action are hereby vacated. The Clerk of Court is directed to terminate all pending motions and mark this case as closed. SO ORDERED. (Signed by Judge William H. Pauley, III on 11/17/2016) (kl)
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Filing 91
ORDER granting #88 Letter Motion for Extension of Time. Application approved. Plaintiff shall file any opposition by December 14, 2016. Defendant shall file any reply by December 22, 2016. The parties shall appear for oral argument on January 20, 2017 at 3:30 p.m. (Signed by Judge William H. Pauley, III on 11/4/2016) (mro)
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| Set/Reset Deadlines: ( Responses due by 12/14/2016, Replies due by 12/22/2016.), Set/Reset Hearings:( Oral Argument set for 1/20/2017 at 03:30 PM before Judge William H. Pauley III.) (mro) |
| Filing 90 MEMORANDUM OF LAW in Support re: #89 MOTION to Dismiss Second Amended Complaint. . Document filed by Cornell University, Weill Cornell Medical College of Cornell University. (Agins, Joshua) |
| Filing 89 MOTION to Dismiss Second Amended Complaint. Document filed by Cornell University, Weill Cornell Medical College of Cornell University. Responses due by 11/21/2016 Return Date set for 12/30/2016 at 11:30 AM.(Agins, Joshua) |
| Filing 88 FIRST LETTER MOTION for Extension of Time Motion to Dismiss addressed to Judge William H. Pauley, III from Susan Kaplan dated November 4, 2016. Document filed by John Doe.(Kaplan, Susan) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Joshua Mark Agins to RE-FILE Document #87 MOTION to Dismiss . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Settlement Conference held on 10/26/2016. (sg) |
| Filing 87 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by Cornell University, Weill Cornell Medical College of Cornell University. Responses due by 11/21/2016 Return Date set for 12/30/2016 at 11:30 AM. (Attachments: #1 Memorandum of Law in Support)(Agins, Joshua) Modified on 11/4/2016 (ldi). |
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Filing 86
MEMO ENDORSEMENT on re: #85 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Susan Kaplan dated 10.13.2016 re: Schedule Settlement Conference. Document filed by John Doe. ENDORSEMENT: The settlement conference shall take place on October 26, 2016 at 10:00 a.m. All procedures in the Court's prior order (Docket #76) apply except that plaintiff must appear at this conference in person and not by telephone, unless defendants specifically consent otherwise. New acknowledgment forms shall be submitted by October 20, 2016. If the parties' wish to rely on their prior settlement letters dated September 6, 2016, they may do so. In the alternative, they may provide revised letters by October 20, 2016. (In such case, it is not necessary to supply exhibits previously submitted to the Court.) So ordered. (Settlement Conference set for 10/26/2016 at 10:00 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/13/2016) (rjm)
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| Filing 85 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Susan Kaplan dated 10.13.2016 re: Schedule Settlement Conference. Document filed by John Doe.(Kaplan, Susan) |
| Set/Reset Hearings: Oral Argument set for 12/30/2016 at 11:30 AM before Judge William H. Pauley III. (lmb) |
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Filing 84
ORDER: This Court adopts the following schedule on consent: 1. Defendants shall file their motion to dismiss by October 21, 2016. 2. Plaintiff shall file any opposition by November 21, 2016. 3. Defendants shall file any reply by December 5, 2016. 4. The parties shall appear for oral argument on Friday, December 30, 2016. ( Motions due by 10/21/2016., Responses due by 11/21/2016, Replies due by 12/5/2016.) (Signed by Judge William H. Pauley, III on 9/23/2016) (mro)
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| Filing 83 LETTER addressed to Judge William H. Pauley, III from Thomas S. D'Antonio dated September 23, 2016 re: Motion to Dismiss Briefing Schedule. Document filed by Cornell University, Weill Cornell Medical College of Cornell University.(Agins, Joshua) |
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Filing 82
ORDER. The Clerk of Court is directed to seal ECF Nos. 26 and 27. So ordered. (Signed by Judge William H. Pauley, III on 9/20/2016) (rjm)
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| Transmission to Sealed Records Clerk. Transmitted re: #82 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm) |
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Filing 81
ORDER: The Clerk of Court is directed to seal ECF Nos. 1, 2, 3, 4, 5, 10, 13, and 14. The Clerk of Court is further directed to release the "parties only" access restriction to this docket. (Signed by Judge William H. Pauley, III on 9/14/2016) (mro)
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| Transmission to Sealed Records Clerk. Transmitted re: #81 Order,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (mro) |
| Filing 80 SECOND AMENDED COMPLAINT amending #39 Amended Complaint against Cornell University, Weill Cornell Medical College of Cornell University with JURY DEMAND.Document filed by John Doe. Related document: #39 Amended Complaint filed by John Doe.(Kaplan, Susan) |
| Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Interim Pretrial Conference held on 9/13/2016. (sg) |
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Filing 79
ORDER granting on consent the request made in #78 Letter Motion for Conference (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (GWG)
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| Filing 78 LETTER MOTION for Conference re: #76 Order on Motion for Conference,, Accommodation for Plaintiff addressed to Magistrate Judge Gabriel W. Gorenstein from Susan Kaplan dated 8/23/16. Document filed by John Doe.(Kaplan, Susan) |
| Filing 77 NOTICE OF CHANGE OF ADDRESS by Susan Robin Kaplan on behalf of John Doe. New Address: The Kaplan Law Office, 30 Wall St., 8th Floor, New York, NY, 10005, 3476832505. (Kaplan, Susan) |
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Filing 76
ORDER SCHEDULING SETTLEMENT CONFERENCE. A settlement conference in this matter is scheduled for September 13, 2016 at 10:00 a.m. in Courtroom 6-B, 500 Pearl Street, New York, New York, and as further set forth in this Order Scheduling Settlement Conference. Granting #75 LETTER MOTION for Conference for Settlement addressed to Magistrate Judge Gabriel W. Gorenstein from Susan Kaplan dated 8/5/16. Document filed by John Doe. (Settlement Conference set for 9/13/2016 at 10:00 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein). (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/5/2016) (rjm)
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| Filing 75 LETTER MOTION for Conference for Settlement addressed to Magistrate Judge Gabriel W. Gorenstein from Susan Kaplan dated 8/5/16. Document filed by John Doe.(Kaplan, Susan) |
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Filing 74
ORDER granting #73 Letter Motion for Extension of Time to provide a proposed time period or dates for a settlement conference. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (GWG)
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| Filing 73 LETTER MOTION for Extension of Time addressed to Magistrate Judge Gabriel W. Gorenstein from Susan Kaplan dated 7/29/16. Document filed by John Doe.(Kaplan, Susan) |
| Filing 70 RESPONSE to Motion re: #68 LETTER MOTION to Expedite Docket #10 Refiled/Redacted addressed to Judge William H. Pauley, III from John Doe dated 5/16/2016. Docket #14 Refiled/Redacted. Document filed by John Doe. (Kaplan, Susan) |
| Filing 69 LETTER RESPONSE to Motion addressed to Judge William H. Pauley, III from Thomas D'Antonio dated 5/18/2016 re: #68 LETTER MOTION to Expedite Docket #10 Refiled/Redacted addressed to Judge William H. Pauley, III from John Doe dated 5/16/2016. Docket #13 Refiled/Redacted. Document filed by John Doe. (Kaplan, Susan) |
| Filing 68 LETTER MOTION to Expedite Docket #10 Refiled/Redacted addressed to Judge William H. Pauley, III from John Doe dated 5/16/2016. Document filed by John Doe.(Kaplan, Susan) |
| Filing 67 MOTION for Preliminary Injunction Docket #5 Refiled/Redacted. Document filed by John Doe.(Kaplan, Susan) |
| Filing 66 MOTION for Temporary Restraining Order Docket #4 Refiled/Redacted. Document filed by John Doe.(Kaplan, Susan) |
| Filing 65 MOTION for Protective Order Docket #2 Refiled/Redacted. Document filed by John Doe.(Kaplan, Susan) |
| Filing 64 MOTION for Leave to Proceed in forma pauperis Docket # 1 Refiled/Redacted. Document filed by John Doe.(Kaplan, Susan) |
| Filing 63 COMPLAINT against Jane Doe, Weill Cornell Medical College of Cornell University. Document filed by John Doe. (Attachments: #1 Exhibit 1A - REDACTED, #2 Exhibit 1B - REDACTED, #3 Exhibit 2 - REDACTED, #4 Exhibit 3 - REDACTED, #5 Exhibit 4 - REDACTED, #6 Exhibit 5 - REDACTED, #7 Exhibit 6 - REDACTED, #8 Exhibit 7 - REDACTED)(Kaplan, Susan) |
| Minute Entry for proceedings held before Judge William H. Pauley, III: Initial Pretrial Conference held on 7/21/2016. (WO) |
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Filing 72
ORDER: The parties having appeared for an initial pre-trial conference and pre-motion conference on July 21, 2016, this Court adopts the following schedule on consent: 1. Plaintiff shall file a second amended complaint by September 15, 2016. 2. If Defendants intend to file a motion to dismiss, they shall advise this Court and propose a briefing schedule within two weeks after the second amended complaint is filed. 3. The parties shall complete all fact discovery by December 16, 2016. 4. The parties shall file a joint pre-trial order by January 27, 2017. 5. The parties shall appear for a final pre-trial conference on February 3, 2017 at 2:00 p.m. ( Amended Pleadings due by 9/15/2016., Fact Discovery due by 12/16/2016., Pretrial Order due by 1/27/2017., Final Pretrial Conference set for 2/3/2017 at 02:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 7/21/2016) (mro)
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Filing 71
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge William H. Pauley, III on 7/21/2016) Copies Mailed By Chambers. (mro)
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| Filing 62 NOTICE OF APPEARANCE by Joshua Mark Agins on behalf of Cornell University, Weill Cornell Medical College of Cornell University. (Agins, Joshua) |
| Filing 61 LETTER RESPONSE in Opposition to Motion addressed to Judge William H. Pauley, III from Susan Kaplan dated 7/21/16 re: #59 LETTER MOTION for Conference seeking permission to file pre-Answer dispositive motion, pursuant to Rule III.A of the Court's Individual Practices addressed to Judge William H. Pauley, III from Thomas S. D'Antonio dated July 18, 201 . Document filed by John Doe. (Kaplan, Susan) |
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Filing 60
ORDER granting #59 Letter Motion for Conference seeking permission to file pre-Answer dispositive motion, pursuant to Rule III.A of the Court's Individual Practices. This Court will conduct a pre-motion conference in conjunction with July 21, 2016 initial pre-trial conference. Plaintiff may file a responsive letter at any time prior to the conference. SO ORDERED. (Signed by Judge William H. Pauley, III on 7/20/2016) (kko)
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| Filing 59 LETTER MOTION for Conference seeking permission to file pre-Answer dispositive motion, pursuant to Rule III.A of the Court's Individual Practices addressed to Judge William H. Pauley, III from Thomas S. D'Antonio dated July 18, 2016. Document filed by Cornell University, Weill Cornell Medical College of Cornell University. Return Date set for 7/21/2016 at 04:00 PM.(D'Antonio, Thomas) |
| Filing 58 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Cornell University, Weill Cornell Medical College of Cornell University.(D'Antonio, Thomas) |
| Received returned mail re: #12 Order. Mail was addressed to plaintiff and was returned for the following reason(s): Not Deliverable As Addressed. (ca) |
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Filing 57
ORDER striking 47 Motion for Leave to Proceed in forma pauperis; striking 48 Motion for Protective Order; striking 49 Motion for Order to Show Cause; striking 51 Letter Motion to Expedite. The Clerk of Court is directed to strike, and close the motions pending at ECF Nos. 47, 48, 49, 50, 51, 52, 53, and 54. The Clerk of Court is directed to seal ECF No. 39. Plaintiff shall refile redacted copies of these documents in a way that does not identify Plaintiff's name, or the names of witnesses involved in this action. The parties' time to file redacted copies of any documents is extended to July 22, 2016. In future filings, the parties shall continue to redact Plaintiff's name, and the names of any witnesses whose privacy interests may be compromised by this proceeding. (Signed by Judge William H. Pauley, III on 7/8/2016) (mro)
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| Transmission to Sealed Records Clerk. Transmitted re: #57 Order on Motion for Leave to Proceed in forma pauperis, Order on Motion for Protective Order, Order on Motion for Order to Show Cause, Order on Motion to Expedite, to the Sealed Records Clerk for the sealing or unsealing of document or case. (mro) |
| Filing 56 LETTER addressed to Judge William H. Pauley, III from Thomas S. D'Antonio dated July 8, 2016 re: Dkt. #44. Document filed by Cornell University, Weill Cornell Medical College of Cornell University.(D'Antonio, Thomas) |
| Filing 55 FIRST AMENDED COMPLAINT amending #39 Amended Complaint against Cornell University, Weill Cornell Medical College of Cornell University with JURY DEMAND.Document filed by John Doe. Related document: #39 Amended Complaint filed by John Doe.(Kaplan, Susan) Modified on 7/8/2016 (pc). Modified on 7/11/2016 (laq). |
| Filing 54 ***STRICKEN DOCUMENT. Deleted document number 54 from the case record. The document was stricken from this case pursuant to #57 Order on Motion for Leave to Proceed in forma pauperis, Order on Motion for Protective Order, Order on Motion for Order to Show Cause, Order on Motion to Expedite. COMPLAINT against Jane Doe, Weill Cornell Medical College of Cornell University. Document filed by John Doe. (Attachments: # 1 Exhibit Doc 3 (Ex. 1A) REDACTED, # 2 Exhibit Doc 3 (Ex. 1B) REDACTED, # 3 Exhibit Doc 3 (Ex. 2) REDACTED, # 4 Exhibit Doc 3 (Ex. 3) REDACTED, # 5 Exhibit Doc 3 (Ex. 4) REDACTED, # 6 Exhibit Doc 3 (Ex. 5) REDACTED, # 7 Exhibit Doc 3 (Ex. 6) REDACTED, # 8 Exhibit Doc 3 (Ex. 7) REDACTED)(Kaplan, Susan) Modified on 7/11/2016 (mro). |
| Filing 53 ***STRICKEN DOCUMENT. Deleted document number 53 from the case record. The document was stricken from this case pursuant to #57 Order on Motion for Leave to Proceed in forma pauperis, Order on Motion for Protective Order, Order on Motion for Order to Show Cause, Order on Motion to Expedite. LETTER RESPONSE to Motion addressed to Judge William H. Pauley, III from Judge Pauley dated 5/18/16 re: 51 LETTER MOTION to Expedite DOC 10 REDACTED addressed to Judge William H. Pauley, III from John Doe dated 5/16/16. DOC 14 REDACTED Endorsed Memo. Document filed by John Doe. (Kaplan, Susan) Modified on 7/11/2016 (mro). |
| Filing 52 ***STRICKEN DOCUMENT. Deleted document number 52 from the case record. The document was stricken from this case pursuant to #57 Order on Motion for Leave to Proceed in forma pauperis, Order on Motion for Protective Order, Order on Motion for Order to Show Cause, Order on Motion to Expedite. LETTER RESPONSE to Motion addressed to Judge William H. Pauley, III from Thomas D'Antonio dated 5/18/16 re: 51 LETTER MOTION to Expedite DOC 10 REDACTED addressed to Judge William H. Pauley, III from John Doe dated 5/16/16. DOC 13 REDACTED. Document filed by John Doe. (Kaplan, Susan) Modified on 7/11/2016 (mro). |
| Filing 51 ***STRICKEN DOCUMENT. Deleted document number 51 from the case record. The document was stricken from this case pursuant to #57 Order on Motion for Leave to Proceed in forma pauperis, Order on Motion for Protective Order, Order on Motion for Order to Show Cause, Order on Motion to Expedite. LETTER MOTION to Expedite DOC 10 REDACTED addressed to Judge William H. Pauley, III from John Doe dated 5/16/16. Document filed by John Doe.(Kaplan, Susan) Modified on 7/11/2016 (mro). |
| Filing 50 ***STRICKEN DOCUMENT. Deleted document number 50 from the case record. The document was stricken from this case pursuant to #57 Order on Motion for Leave to Proceed in forma pauperis, Order on Motion for Protective Order, Order on Motion for Order to Show Cause, Order on Motion to Expedite. MEMORANDUM OF LAW in Support re: 49 MOTION for Order to Show Cause DOC 4 REDACTED. DOC 5 REDACTED. Document filed by John Doe. (Kaplan, Susan) Modified on 7/11/2016 (mro). |
| Filing 49 ***STRICKEN DOCUMENT. Deleted document number 49 from the case record. The document was stricken from this case pursuant to #57 Order on Motion for Leave to Proceed in forma pauperis, Order on Motion for Protective Order, Order on Motion for Order to Show Cause, Order on Motion to Expedite MOTION for Order to Show Cause DOC 4 REDACTED. Document filed by John Doe.(Kaplan, Susan) Modified on 7/11/2016 (mro). |
| Filing 48 ***STRICKEN DOCUMENT. Deleted document number 48 from the case record. The document was stricken from this case pursuant to #57 Order on Motion for Leave to Proceed in forma pauperis, Order on Motion for Protective Order, Order on Motion for Order to Show Cause, Order on Motion to Expedite. MOTION for Protective Order DOC 2 REDACTED. Document filed by John Doe.(Kaplan, Susan) Modified on 7/11/2016 (mro). |
| Filing 47 ***STRICKEN DOCUMENT. Deleted document number 47 from the case record. The document was stricken from this case pursuant to #57 Order on Motion for Leave to Proceed in forma pauperis, Order on Motion for Protective Order, Order on Motion for Order to Show Cause, Order on Motion to Expedite MOTION for Leave to Proceed in forma pauperis DOC 1 REDACTED. Document filed by John Doe.(Kaplan, Susan) Modified on 7/11/2016 (mro). |
| Filing 46 WAIVER OF SERVICE RETURNED EXECUTED. Cornell University waiver sent on 6/29/2016, answer due 8/29/2016. Document filed by John Doe. (Kaplan, Susan) |
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Filing 45
ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/21/2016 at 04:00 PM in Courtroom 20B at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 6/28/2016) (mro)
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Filing 44
ORDER: Plaintiff shall file redacted copies of ECF Nos. 1, 2, 3, 4, 5, 10, 13, and 14. The parties must make any applications to seal additional documents in this action by July 8, 2016. After that date, this Court will vacate the restrictions on public access to this docket. ( Motions due by 7/8/2016.) (Signed by Judge William H. Pauley, III on 6/28/2016) (mro)
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| Filing 43 ELECTRONIC SUMMONS ISSUED as to Cornell University. (pc) |
| Filing 41 NOTICE OF CHANGE OF ADDRESS by Susan Robin Kaplan on behalf of John Doe. New Address: THE KAPLAN LAW OFFICE, 30 Wall Street, 8th Floor, New York, New York, USA 10005, 347-683-2505. (Kaplan, Susan) |
| Filing 40 REQUEST FOR ISSUANCE OF SUMMONS as to Cornell University, re: #39 Amended Complaint. Document filed by John Doe. (Kaplan, Susan) |
| Filing 39 AMENDED COMPLAINT amending 3 Complaint against Weill Cornell Medical College of Cornell University, Cornell University with JURY DEMAND.Document filed by John Doe. Related document: 3 Complaint filed by John Doe.(Kaplan, Susan) |
| Filing 38 LETTER addressed to Judge William H. Pauley, III from Thomas S. D'Antonio dated 6/7/16 re: Yesterday we received a letter from plaintiff's counsel, which appears to contain additional legal argument on the transcript notation issue that was neither requested nor authorized by this Court. As we understood it, after submissions from the parties and oral argument on the transcript notation issue, the Court asked Weill Cornell to provide two specific pieces of information, which I did in my June 3 letter. We understood that submission closed the record on this issue. We thus do not propose to respond to the substance of yesterday's unauthorized submission unless invited to do so by the Court, but wish to note that Weill Cornell objects to this latest submission, and strongly disputes plaintiff's newest arguments. Document filed by Weill Cornell Medical College of Cornell University.(mro) |
| Filing 37 LETTER addressed to Judge William H. Pauley, III from Susan Kaplan dated 6/6/16 re: Weill Cornell is not in compliance with NY CLS Educ. 6444(6) and should not be permitted to impose their proposed notation without having first published its policy. Plaintiff, therefore, hereby requests that this Court disallow defendant from imposing its notation on John Doe's transcript. Document filed by John Doe.(mro) |
| Filing 36 LETTER addressed to Judge William H. Pauley, III from Thomas S. D'Antonio dated 6/3/16 re: On behalf of the parties in the above-referenced matter, I enclose for the Court's consideration a proposed stipulated order concerning the deadlines for plaintiff to amend his Complaint and for Weill Cornell to move, answer, or otherwise respond to the Amended Complaint once it is filed. The parties are available at the Court's convenience to answer any questions regarding the proposed stipulated order. (mro) |
| Filing 35 LETTER addressed to Judge William H. Pauley, III from Thomas S. D'Antonio dated 6/3/16 re: During the telephonic appearance held on Tuesday, May 31, and in the June 1 Order that emanated from that telephonic appearance, the Court asked Weill Cornell Medical College to provide two specific pieces of information, as follows: Weill Cornell "shall provide this Court with a copy of the notation that it proposes to place on John Doe1s medical school transcript." Weill Cornell "shall advise this Court of any other Title IX proceedings in which Cornell University placed a notation on the transcript of an accused who was not suspended or expelled." With respect to the first direction of the Court, the language Weill Cornell would propose to place on John Doe's transcript would be, "Sanctioned for Code of Conduct violation." With respect to the second direction of the Court, Weill Cornell will need to provide a two part response. Responsive information first will be furnished with respect to Weill Cornell itself, and then with respect to Cornell University as a whole. This is appropriate because when it comes to student discipline matters (and many other matters as well), Weill Cornell is administratively separate and distinct from the University's Ithaca campus, and from other University entities that are administered centrally by Cornell University. In this particular context, as the Court is aware, Weill Cornell has developed its own set of procedures with respect to Policy 6.4 complaints it receives and reviews. Document filed by Weill Cornell Medical College of Cornell University.(mro) |
| Filing 34 LETTER addressed to Judge William H. Pauley, III from Susan Kaplan dated 5/31/16 re: Defendant's defense of its transcript notation and inclusion of the disciplinary action in John Doe's academic record during the pendency of this action is not in the spirit of this Court's order to seal the court's records, and this Court's order to enjoin the defendant's suspension; its not even in the spirit of Art. 219-B, regardless of defendant's anticipated application of its futuristic terms. The transcript notation/academic record sanctions are unsupported by this Court's orders and unsupported by statute. Defendant should be enjoined from exercising them. Document filed by John Doe. (mro) |
| Filing 33 LETTER addressed to Judge William H. Pauley, III from Thomas S. D'Antonio dated 5/31/2016 re: The Court's May 24 Order required the parties to submit simultaneous letter memoranda by May 26 at 4:00 p.m., setting forth their positions with respect to whether a notation shall be made in John Doe's medical school transcript. The Order also allows for the submission of responsive memoranda today before 10:00 a.m. Because plaintiff submitted his opening memorandum on May 25, Weill Cornell had an opportunity to review that submission and incorporate its response into its opening memorandum, which Weill Cornell submitted on May 26. Accordingly, Weill Cornell will rest on its opening memorandum, and we look forward to answering the Court's questions during this afternoon's conference, scheduled to begin at 3:30. Document filed by Weill Cornell Medical College of Cornell University.(mro) |
| Filing 32 LETTER addressed to Judge William H. Pauley, III from Thomas S. D'Antonio dated 5/26/16 re: Weill Cornell Medical College submits this letter-brief on an issue that was raised jointly by the parties: namely, whether in light of the Court's May 20 Order the Medical College is permitted to place a notation on Mr. Doe's transcript consistent with the recommendation of the Medical College's Review Panel. Plaintiff's contention is that the imposition of a transcript notation "violates the applicable law." That assertion is without merit. New York State Education Law Article 129-B permits a transcript notation to document the fact that the Title IX Investigator and the WCMC Review Panel concluded that Mr. Doe committed sexual battery, sexual misconduct, and domestic violence, and nothing plaintiff has submitted warrants the imposition of a restraint on the Medical College prohibiting it from following the direction of the Investigator and the Review Panel in this regard. Document filed by Weill Cornell Medical College of Cornell University.(mro) |
| Filing 31 LETTER addressed to Judge William H. Pauley, III from Susan Kaplan dated 5/25/16 re: Counsel for the plaintiff states that Mr. Doe opposes the notation on his transcript and by extension, Mr. Doe further opposes any record of the Title IX and Policy 6.4 investigation appearing in his permanent academic record pending the resolution of this action.Document filed by John Doe.(mro) |
| Filing 30 LETTER addressed to Judge William H. Pauley, III from Thomas S. D'Antonio dated 5/25/16 re: This responds to plaintiff's letter-motion for sanctions against Weill Cornell, submitted yesterday evening via email by Ms. Kaplan. The letter-motion should be denied in all respects, because Weill Cornell did not engage in even remotely objectionable behavior, let alone sanctionable conduct. In addition, Ms. Kaplan in her letter motion ignores the relevant predicate communications, omits virtually all of the relevant context for the email exchanges that she selectively provided to the Court, and grossly misrepresents the conversation she and I had yesterday afternoon. The letter-motion, we respectfully submit, is a transparent effort to extract leverage in this litigation, and such a tactic should not be countenanced by this Court. Document filed by Weill Cornell Medical College of Cornell University.(mro) |
| Filing 29 LETTER addressed to Judge William H. Pauley, III from Susan Kaplan re: Counsel for the plaintiff reports that defendant Weill Cornell is in violation of your Order of Friday, May 20, 2016. Document filed by John Doe.(mro) |
| Filing 28 SEALED DOCUMENT placed in vault.(mps) |
| Filing 42 INTERNET CITATION NOTE: Material from decision with Internet citation re: #25 Order. (vf) |
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Filing 25
MEMORANDUM & ORDER: John Doe and Weill Cornell Medical College ("Weill Cornell") submit this dispute regarding an annotation Weill Cornell proposes to make to Doe's transcript and permanent record. Plaintiff argues that Weill Cornell should be enjoined from making that annotation prior to the conclusion of this litigation because it would violate New York Education Law Article 129-B and this Court's May 20, 2016 injunction. (Pl.'s May 25, 2016 Letter, at 4-5.) Weill Cornell's proposed annotation, "Sanctioned for Code of Conduct Violation," violates neither. Article 129-B requires educational institutions to place a notation on a student's transcript when the student is "suspended" or "expelled" after a "finding of responsibility for a code of conduct violation," when that violation relates to a "crime[] of violence, including, but not limited to sexual violence." N.Y. Educ. Law 6444(6). Article 129-B does not require a transcript annotation here, where John Doe was neither suspended nor expelled. Moreover, Weill Cornell's process did not establish that John Doe's actions would constitute a "crime" of "sexual violence" as defined by the "federal Clery Act established in 20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII)." See N.Y. Educ. Law 6444(6). However, Article 129-B does not prohibit educational institutions from imposing transcript notations in the exercise of their discretion. Indeed, recent guidance from the New York State Education Department specifically observes that educational institutions "may (but are not required to) place notations" on a student's transcript when the institution deems the student's actions to violate its code of conduct. Compliance with Education Law Article 129-B, NEW YORK STATE EDUCATION DEP'T 35, http://www.highered.nysed.gov/ocue/documents/Article129-BGuidance.pdf (last visited June 7, 2016); as further set forth herein. Having resolved the pending dispute regarding preliminary injunctive relief, this Court advises the parties that they are no longer permitted to e~mail letter applications to Chambers. All applications should be filed on the docket and should identify Plaintiff and the Complainant by their pseudonyms, in compliance with Judge Preska's prior order. (ECF No. 12.) Additionally, this Court intends to docket all prior letter applications submitted in this action and supporting exhibits-other than Weill Cornell's confidential Title IX investigative report-and vacate the docket's status as "party access only." If the parties intend for other submissions to remain under seal, they shall identify such submissions by name and date and justify the need for sealing by June 17, 2016. Any future motions to seal a party's submissions should be filed on ECF and comply with Section V(a) of this Court's individual practices. (Signed by Judge William H. Pauley, III on 6/8/2016) (mro)
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| Filing 27 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Weill Cornell Medical College of Cornell University served on 5/16/2016, answer due 7/15/2016. Service was accepted by Carmen Paulino, Paralegal. (sc) |
| Filing 26 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Order to Show Cause served on Weill Medical College on 5/16/16. Service was accepted by Carmen Paulino, Paralegal. (sc) |
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Filing 24
STIPULATED ORDER TO EXTEND DEFENDANT WEILL CORNELL MEDICAL COLLEGE'S TIME TO RESPOND TO THE COMPLAINT: IT IS NOW HEREBY STIPULATED AND AGREED, by and between the parties to this action, that plaintiff shall file his Amended Complaint, if at all, on or before June 24, 2016, and WCMC shall move, answer, or otherwise respond to said Amended Complaint within twenty-one (21) days of its filing; if, however, plaintiff does not file an Amended Complaint on or before June 24, 2016, WCMC shall move, answer or otherwise respond to the initial Complaint, on or before July 15, 2016. Weill Cornell Medical College of Cornell University answer due 7/15/2016.( Amended Pleadings due by 6/24/2016.) (Signed by Judge William H. Pauley, III on 6/7/2016) (mro)
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Filing 23
ORDER: The parties having appeared telephonically for a conference to address a dispute regarding a notation in John Doe's medical school transcript, this Court orders as follows: Weill Cornell shall provide this Court with a copy of the notation that it proposes to place on John Doe's medical school transcript. Weill Cornell shall advise this Court of any other Title IX proceedings inwhich Cornell University placed a notation on the transcript of an accused who was not suspended or expelled. Plaintiff's May 24, 2016 letter motion for sanctions against Weill Cornell is denied because Plaintiff has not articulated a manner in which Weill Cornell failed to comply with this Court's ruling at the May 20, 2016 preliminary injunction hearing. (Signed by Judge William H. Pauley, III on 6/01/2016) (ama)
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| Minute Entry for proceedings held before Judge William H. Pauley, III: Telephone Conference held on 5/31/2016. (WO) |
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Filing 22
ORDER: John Doe and Weill Cornell's joint e-mail application dated May 27, 2016, seeking leave to produce a copy of the sealed May 20, 2016 preliminary injunction hearing transcript to ______, is granted on consent. The parties shall not produce copies of the sealed hearing transcript to other non-parties without approval from this Court. (Signed by Judge William H. Pauley, III on 5/27/2016) (mro)
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| Received returned mail re: #6 Order Granting IFP Application. and was returned for the following reason(s): Insufficient Address. (ca) |
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Filing 21
ORDER: Counsel for John Doe and Weill Cornell having raised a dispute as to whether a notation shall be made on John Doe's medical school transcript, this Court orders as follows: 1. Counsel for John Doe and Weill Cornell shall submit simultaneous letter memoranda setting forth their positions by May 26, 2016 at 4:00 p.m. 2. Counsel for John Doe and Weill Cornell shall submit any responses to the simultaneous letter memoranda by May 31, 2016 at 10:00 a.m. 3. Counsel for John Doe and Weill Cornell shall appear telephonically for a conference to address the dispute on May 31, 2016 at 3:30 p.m. Weill Cornell shall provide a dial-in number prior to the conference., ( Telephone Conference set for 5/31/2016 at 03:30 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 5/24/2016) (lmb)
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| Filing 20 NOTICE OF APPEARANCE by Susan Robin Kaplan on behalf of John Doe. (Kaplan, Susan) |
| Minute Entry for proceedings held before Judge William H. Pauley, III: Oral Argument held on 5/20/2016 re: 4 Order to Show Cause filed by John Doe. (WDO) |
| Filing 19 For the reasons stated on the record at the May 20, 2016 preliminary injunction hearing, Cornell Weill's suspension of John Doe is preliminarily enjoined, and Cornell Weill is directed to confer a medical degree on John Doe at the commencement ceremony.(Signed by Judge William H. Pauley, III on 5/20/2016)(DMM) |
| Filing 18 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Preliminary Injunction Declaration of Gary Koretsky, MD in Opposition to Plaintiff's Application for Preliminary Injunction. Document filed by Weill Cornell Medical College of Cornell University. Return Date set for 5/20/2016 at 04:00 PM.(D'Antonio, Thomas) Modified on 5/24/2016 (db). |
| Filing 17 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Preliminary Injunction Declaration of Joseph Murray, MD in Opposition to Plaintiff''s Application for Preliminary Injunction. Document filed by Weill Cornell Medical College of Cornell University. Return Date set for 5/20/2016 at 04:00 PM.(D'Antonio, Thomas) Modified on 5/24/2016 (db). |
| Filing 16 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Order to Show Cause Opposition to Plaintiff's OTSC for a Preliminary Injunction. Document filed by Weill Cornell Medical College of Cornell University. Return Date set for 5/20/2016 at 04:00 PM. (Attachments: #1 Exhibit A to Memorandum of Law in Opposition to Plaintiff's OTSC for Preliminary Injunction)(D'Antonio, Thomas) Modified on 5/24/2016 (db). |
| Filing 15 NOTICE OF APPEARANCE by Sheryl A. Orwel on behalf of Weill Cornell Medical College of Cornell University. (Orwel, Sheryl) |
| Filing 14 MEMO ENDORSEMENT on re: #13 Letter re: adjudication, filed by Weill Cornell Medical College of Cornell University. Application granted. Because Weill Cornell has stipulated to stay the imposition of any suspension sanction, the preliminary injunction hearing shall proceed at the previously scheduled time. (Signed by Judge William H. Pauley, III on 5/18/2016) (tro) |
| Filing 13 LETTER addressed to Judge William H. Pauley, III from Thomas S. D'Antonio dated May 18, 2016 re: Preliminary Injunction Hearing. Document filed by Weill Cornell Medical College of Cornell University.(D'Antonio, Thomas) |
| Mailed a copy of #12 Order, to plaintiff. (ca) |
| ***DELETED DOCUMENT. Deleted document number #14 MEMO ENDORSEMENT. The document was incorrectly filed in this case. (mt) |
| Filing 11 NOTICE OF APPEARANCE by Thomas S. D'Antonio on behalf of Weill Cornell Medical College of Cornell University. (D'Antonio, Thomas) |
| SUMMONS ISSUED as to Weill Cornell Medical College of Cornell University. (sbr) |
| FRCP 4 Service Package Hand Delivered to U.S.M.: Package hand delivered to U.S.M. on 5/16/2016 per the instructions of Judge William H. Pauley, III. See #8 Order of Service,,,. (sbr) |
| FRCP 4 (Information Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 5/16/2016 via Regular Mail. The information package included: Initial Case Memo Letter, a copy of the Order of Service, a Notice of Change of Address to use if your contact information changes, a Notice about The Manual for Pro Se Litigants appearing before the Southern District of New York, Judge's individual rules, instructions on how to file a motion and opposition, instructions on filing an amended complaint, application for counsel, a consent to proceed before a Magistrate Judge, and consent to electronic service forms. (sbr) |
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Filing 9
ORDER: It is hereby ORDERED that Plaintiff and Weill Cornell shall appear for a hearing at 4:00 p.m. on May 20, 2016, in Courtroom 20B of the United States Courthouse, 500 Pearl Street, New York, New York 10007. At the hearing, Weill Cornell shall show cause why an order should not be issued enjoining it from imposing a one-year suspension halting Plaintiff's graduation in May 2016. Weill Cornell shall submit any opposition to Plaintiff's motion for a preliminary injunction by 5:00p.m. on May 19. (As further set forth in this Order.) ( Show Cause Hearing set for 5/20/2016 at 04:00 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III.), ( Responses due by 5/19/2016) (Signed by Judge William H. Pauley, III on 5/13/2016) (kgo)
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Filing 8
ORDER OF SERVICE: By order dated May 12, 2016, the Court granted Plaintiff's request to proceed without prepayment of fees, that is, in forma pauperis. To allow Plaintiff to effect service on Defendant Weill Cornell Medical College through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for this defendant. The service address for this defendant is 1300 York Avenue, New York, New York 10075. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon Weill Cornell Medical College forthwith on Monday, May 16, 2016. (Signed by Judge William H. Pauley, III on 5/13/2016) (kgo)
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Filing 12
ORDER: Plaintiff, proceeding pro se, has filed a motion, in which he requests permission to proceed under the pseudonym, John Doe. The Court grants Plaintiff's request as a temporary measure. The docket sheet shall name Plaintiff as John Doe, and the Clerk of Court is directed to restrict public viewing of the documents submitted by Plaintiff. The Clerk of Court is also directed to identify the complainant, who is named as a defendant, as Jane Doe. Plaintiff's address shall not be listed on the docket sheet. Because the Court has directed the Clerk of Court to institute these temporary measures, the Clerk is directed to return to Plaintiff all documents captioned with Plaintiff as a John Doe Plaintiff. (Signed by Judge Loretta A. Preska on 5/12/2016) (kko)
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| Transmission to Docket Assistant Clerk. Transmitted re: #12 Order to the Docket Assistant Clerk for case processing. (kko) |
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Filing 6
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Loretta A. Preska on 5/12/2016) (vj)
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| Mailed a copy of #6 Order Granting IFP Application to Plaintiff. (vj) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge William H. Pauley, III. Judge Unassigned is no longer assigned to the case. (wb) |
| Case Designated ECF. (sac) |
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