Feibleman v. The Trustees of Columbia University In The City of New York
| Ben Feibleman |
| The Trustees of Columbia University In The City of New York |
| 1:2019cv04327 |
| May 13, 2019 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Civil Rights: Other |
| 20 U.S.C. § 1681 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 31, 2020. A more recent docket listing may be available from PACER.
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Filing 94
OPINION AND ORDER: re: #46 MOTION to Dismiss (Counts I, III, IV, V, VI) filed by The Trustees of Columbia University In The City of New York. For the foregoing reasons, Columbia's motion to dismiss is DENIED as to the first cause of action for erroneous outcome under Title IX; GRANTED in part and DENIED in part as to the third cause of action for breach of contract relative to the disciplinary process; DENIED as to the fourth cause of action for breach of contract and the sixth cause of action for promissory estoppel for withholding of Plaintiff's diploma; and GRANTED as to the fifth cause of action for breach of contract for failure to complete the disciplinary investigation within 60 days. To the extent that Plaintiff wishes to seek leave to amend the Complaint to add an erroneous outcome claim aimed at Columbia's dismissal of Plaintiff's claims against Doe, or to allege any specific promise as to the length of Plaintiff's investigation or Columbia's obligation to investigate retaliation claims against Doe, Plaintiff must file a letter motion (no longer than seven pages) for leave to amend in accordance with the Court's Individual Practices and in a manner consistent with this opinion, no later than March 13, 2020; Columbia may file an opposition (no longer than seven pages) on or before March 20, 2020; Plaintiff may file a reply (no longer than three pages) on or before March 25, 2020. The Clerk of Court is respectfully requested to terminate docket entry 46. SO ORDERED., ( Motions due by 3/13/2020., Responses due by 3/20/2020, Replies due by 3/25/2020.) (Signed by Judge Valerie E. Caproni on 2/24/2020) (ama)
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Filing 93
NOTICE AND ORDER FOR WITHDRAWAL OF COUNSEL: PLEASE TAKE NOTICE that, upon the annexed declaration of Jordana L. Haviv, and subject to the approval of the Court, Jordana L. Haviv hereby withdraws as counsel for The Trustees of Columbia University in the City of New York and shall be removed from the Case Management/Electronic Case Files (CM/ECF) notification list in the above-captioned matter. Michele S. Hirshman and Darren W. Johnson of Paul, Weiss, Rifkind, Wharton & Garrison LLP will continue to represent The Trustees of Columbia University in the City of New York in this proceeding. SO ORDERED., Attorney Jordana Lauren Haviv terminated. (Signed by Judge Valerie E. Caproni on 2/24/2020) (ama)
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| Filing 92 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by The Trustees of Columbia University In The City of New York..(Haviv, Jordana) |
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Filing 91
MEMO ENDORSEMENT on re: #90 Status Report filed by The Trustees of Columbia University In The City of New York. ENDORSEMENT: Plaintiff's request to extend discovery is denied at this time as premature. The deadline will not be extended unless the parties show that they have continued to work diligently towards compliance with the existing schedule, and that substantial discovery relevant to the case remains outstanding despite the parties' best efforts. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/4/2020) (va)
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| Filing 90 STATUS REPORT. re: Status and Progress of Discovery Document filed by The Trustees of Columbia University In The City of New York..(Tenzer, Gabrielle) |
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Filing 89
MEMO ENDORSEMENT: on re: #88 Status Report filed by Ben Feibleman. ENDORSEMENT: The parties are directed to meet and confer on these issues in good faith and, to the extent that disputes remain, they must jointly call chambers to schedule a discovery call. The parties are reminded that the status report mechanism is not a substitute for the required meet-and-confer process. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/09/2020) (ama)
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| Filing 88 STATUS REPORT. Document filed by Ben Feibleman.(Lau, Kimberly) |
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Filing 87
ORDER: granting #86 Letter Motion for Extension of Time. Application Granted. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/20/2019) (ama)
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| Filing 86 LETTER MOTION for Extension of Time to Submit Joint Report addressed to Judge Valerie E. Caproni from Gabrielle E. Tenzer dated December 20, 2019. Document filed by The Trustees of Columbia University In The City of New York.(Tenzer, Gabrielle) |
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Filing 85
STIPULATION REGARDING CONFIDENTIAL INFORMATION AND PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. Notwithstanding any of the foregoing, any party seeking to file any document under seal with the Court must seek leave to do so in accordance with the undersigned's Individual Practices, Rule 5.A. IT IS SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/03/2019) (ama)
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| Filing 84 STATUS REPORT. re: Status and Progress of Discovery Document filed by The Trustees of Columbia University In The City of New York. (Attachments: #1 Stipulation Regarding Confidential Information and [Proposed] Protective Order)(Tenzer, Gabrielle) |
| Filing 83 STATUS REPORT. re: Status and Progress of Discovery Document filed by Ben Feibleman.(Lau, Kimberly) |
| Filing 82 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/23/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 81 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/23/2019 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/20/2019. Redacted Transcript Deadline set for 12/2/2019. Release of Transcript Restriction set for 1/28/2020.(McGuirk, Kelly) |
| Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone/Discovery Conference held on 10/23/2019. (anc) |
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Filing 80
MEMO ENDORSEMENT on NOTICE OF MOTION TO WITHDRAW APPEARANCE #79 granting Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. SO ORDERED. Attorney Joshua Adam Matz terminated. (Signed by Judge Valerie E. Caproni on 10/16/2019) (ama)
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| Filing 79 MOTION for Joshua Matz to Withdraw as Attorney . Document filed by The Trustees of Columbia University In The City of New York. (Attachments: #1 Declaration in Support)(Matz, Joshua) |
| Filing 78 STATUS REPORT. re: Status and Progress of Discovery Document filed by The Trustees of Columbia University In The City of New York.(Tenzer, Gabrielle) |
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Filing 76
STIPULATION AND ORDER: IT IS THEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for Plaintiff and Defendant in the above-captioned action, that: (1) Notwithstanding anything in the Complaint (ECF 1, 57), Plaintiff shall not seek or recover in this action damages from Defendant with respect to any purported physical, emotional, and/or psychological injury, and/or any purported costs or expenses for medical, psychiatric, and/or psychological treatment or therapy; and (2) As a result, Plaintiff will not be required to provide HIPAA Authorizations to Defendant at this time. (Signed by Judge Valerie E. Caproni on 9/30/2019) (jwh)
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| Filing 75 LETTER addressed to Judge Valerie E. Caproni from Gabrielle E. Tenzer dated September 27, 2019 re: Damages Now Being Sought by Plaintiff. Document filed by The Trustees of Columbia University In The City of New York. (Attachments: #1 Stipulation and Proposed Order)(Tenzer, Gabrielle) |
| Filing 74 REPLY MEMORANDUM OF LAW in Support re: #46 MOTION to Dismiss (Counts I, III, IV, V, VI). . Document filed by The Trustees of Columbia University In The City of New York. (Tenzer, Gabrielle) |
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Filing 73
ORDER: granting #72 Letter Motion for Extension of Time to File. Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/13/2019) (ama)
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| Filing 72 JOINT LETTER MOTION for Extension of Time to File Joint Report on the Status and Progress of Discovery addressed to Judge Valerie E. Caproni from Gabrielle E. Tenzer dated September 13, 2019. Document filed by The Trustees of Columbia University In The City of New York.(Tenzer, Gabrielle) |
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Filing 71
MEMO ENDORSEMENT: on re: #70 Letter filed by Ben Feibleman. ENDORSEMENT: The Court agrees with Plaintiff that Ms. Doe's request, which does not explain her failure to move to intervene in this matter, is procedurally improper. Furthermore, the public has a right of access to the transcript, which is a judicial document submitted in relation to a dispositive motion. Because Doe's name is redacted, her countervailing interest in further sealing is diminished. See Bernstein v. Bernstein Litowitz Berger & Grossmann LLP, 814 F.3d 132, 139 (2d Cir. 2016) ("In determining whether a document is a judicial record, we evaluate the 'relevance of the document's specific contents to the nature of the proceeding' and the degree to which 'access to the [document] would materially assist the public in understanding the issues before the... court, and in evaluating the fairness and integrity of the court's proceedings.'" (quoting Newsday LLC v. Cty. of Nassau, 730 F.3d 156, 167 (2d Cir. 2013))). Although the Court does not see sufficient cause to impose additional requirements at this time, the Court is aware that Plaintiff's errant filings have prompted multiple, emergency sealing requests to the Court. Plaintiff is therefore instructed to take greater care in ensuring that all filings are properly redacted. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/11/2019) (ama)
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| Filing 70 LETTER addressed to Judge Valerie E. Caproni from Kimberly C. Lau dated September 9, 2019 re: response to Iliana Konidaris, Esq. letter of September 6. Document filed by Ben Feibleman.(Lau, Kimberly) |
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Filing 69
STIPULATION AND ORDER REGARDING THE PRODUCTION OF DISCOVERY MATERIAL: This Stipulation and Order Regarding Production of Discovery Material ("Order") shall govern the Parties in the above-captioned case (the "Action"). This Order shall govern the production of ESI and hard copy Documents (collectively, "Document" or "Documents") produced by any Party in the Action. Format Guidelines: The Parties shall, to the extent reasonably and technically possible, produce Documents according to the specifications provided in Exhibit A. Documents shall be subject to the terms of any protective order entered by the Court, as well as Federal Rule of Civil Procedure 26(b)(5)(8). Nothing herein shall preclude any Party from seeking to amend this Order in writing for good cause shown, provided, however, that no Party may seek relief from the Court concerning compliance with the Order until it has met and conferred in good faith with any Party involved in the dispute. Right to Assert Other Objections: By stipulating to the entry of this Order, no Party waives any right it otherwise might have to object to disclosing or producing any information or item on any ground, including confidentiality, attorney-client privilege, work product doctrine, or any other applicable privilege or immunity. Similarly, no Party waives any right to object on any ground to the authenticity, admissibility, or use in evidence of any of the material covered by this Order. Retention Obligations: Nothing in this Order alters a Party's legal obligation to retain Documents and data. And as set forth herein. IT IS SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/04/2019) (ama)
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Filing 68
MEMO ENDORSEMENT: on re: #67 Status Report filed by Ben Feibleman. ENDORSEMENT: The parties' proposed schedule is GRANTED. The parties are advised that, given the lengthy extension, no further extensions are likely to be granted. A joint pre-conference letter is due from the parties no later than April 23, 2020. SO ORDERED., ( Expert Discovery due by 7/1/2020., Fact Discovery due by 5/1/2020., Pretrial Conference set for 5/1/2020 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 9/04/2019) (ama)
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| Filing 67 STATUS REPORT. re: Status and Progress of Discovery Document filed by Ben Feibleman. (Attachments: #1 Exhibit Stipulation and Order regarding Production of Discovery Material)(Lau, Kimberly) |
| Filing 66 DECLARATION of Kimberly C. Lau in Support re: #46 MOTION to Dismiss (Counts I, III, IV, V, VI).. Document filed by Ben Feibleman. (Attachments: #1 Exhibit A)(Lau, Kimberly) |
| Filing 65 MEMORANDUM OF LAW in Opposition re: #46 MOTION to Dismiss (Counts I, III, IV, V, VI). . Document filed by Ben Feibleman. (Lau, Kimberly) |
| Filing 64 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #66 Declaration) - DECLARATION of Kimberly C. Lau in Opposition re: #46 MOTION to Dismiss (Counts I, III, IV, V, VI). Document filed by Ben Feibleman. (Attachments: #1 Exhibit A)(Lau, Kimberly) Modified on 9/3/2019 (db). |
| Filing 63 NOTICE OF CHANGE OF ADDRESS by James Edward Figliozzi on behalf of Ben Feibleman. New Address: Warshaw Burstein LLP, 575 Lexington Avenue, 7th Floor, New York, New York, United States 10022, 2129847700. (Figliozzi, James) |
| Filing 62 NOTICE OF CHANGE OF ADDRESS by Kimberly C. Lau on behalf of Ben Feibleman. New Address: Warshaw Burstein LLP, 575 Lexington Avenue, 7th Floor, New York, New York, United States 10022, 2129847700. (Lau, Kimberly) |
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Filing 61
MEMO ENDORSEMENT on re: #60 Status Report re: Filing of ESI Protocol and Protective Order filed by The Trustees of Columbia University In The City of New York. ENDORSEMENT: Application GRANTED. The parties are advised that they may adjourn interim discovery deadlines via mutual consent without further application to this Court. (Signed by Judge Valerie E. Caproni on 8/12/2019) (rj)
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| Filing 60 STATUS REPORT. re: Filing of ESI Protocol and Protective Order Document filed by The Trustees of Columbia University In The City of New York.(Tenzer, Gabrielle) |
| Filing 59 STATUS REPORT. First Joint Report re: Status and Progress of Discovery Document filed by The Trustees of Columbia University In The City of New York.(Tenzer, Gabrielle) |
| Filing 58 SEALED DOCUMENT placed in vault.(mhe) |
| Filing 57 REDACTION to 1 Complaint by Ben Feibleman(Lau, Kimberly) |
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Filing 56
ENDORSED LETTER: addressed to Judge Valerie E. Caproni from Kimberly dated 7/22/2019 re: We no longer require the Court's intervention in this matter and kindly request that the Court cancel today's appearance at 2:00 p.m. We would like to request until the close of business Wednesday, July 24, 2019, to file our revised pseudonymized complaint. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/22/2019) (ama)
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Filing 55
ENDORSED LETTER: addressed to Mr. Cheung from Robbie dated 7/19/2019 re: Unfortunately, Michele, Gabrielle and I are all out of town or unavailable and none of us can be in court in person today at 3 p.m. (Michele is with her parents at a nursing home; Gabrielle is with her mother who just had surgery; and I am out of town and cannot get back in time.). ENDORSEMENT: The status conference is hereby adjourned to 2:00 P.M. on Monday, July 22, 2019, in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. The Court advises the parties to reconsider whether they can resolve the dispute over pseudonyms without judicial intervention. SO ORDERED., ( Status Conference set for 7/22/2019 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 7/19/2019) (ama)
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| Filing 54 NOTICE OF APPEARANCE by Jenna Minicucci Dabbs on behalf of The Trustees of Columbia University In The City of New York. (Dabbs, Jenna) |
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Filing 53
ORDER: IT IS HEREBY ORDERED that counsel for the parties appear for an in-person status conference at 3:00 P.M. on July 19, 2019. SO ORDERED., ( Status Conference set for 7/19/2019 at 03:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 7/19/2019) (ama)
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| Filing 52 SEALED DOCUMENT placed in vault.(rz) |
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Filing 77
ORDER granting #49 Motion to Seal Document. Application GRANTED. Defendant must file a copy of Exhibit B with Sealed Records no later than July 19, 2019. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/15/2019) (js) Transmission to Sealed Records Clerk for processing. (js).
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| Filing 51 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/28/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 50 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/28/2019 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Lisa Smith, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/6/2019. Redacted Transcript Deadline set for 8/16/2019. Release of Transcript Restriction set for 10/15/2019.(McGuirk, Kelly) |
| Filing 49 LETTER MOTION to Seal Document #48 Declaration in Support of Motion, (Request to Seal Exhibit B), addressed to Judge Valerie E. Caproni from Roberta A. Kaplan dated July 15, 2019. Document filed by The Trustees of Columbia University In The City of New York.(Kaplan, Roberta) |
| Filing 48 DECLARATION of Thomas A. Rawlinson in Support re: #46 MOTION to Dismiss (Counts I, III, IV, V, VI).. Document filed by The Trustees of Columbia University In The City of New York. (Attachments: #1 Exhibit A - Columbia's Gender-Based Misconduct Policy and Procedures for Students, #2 Exhibit B - Audio Recording (Oct. 5, 2016) (Subject to Request to Seal))(Rawlinson, Thomas) |
| Filing 47 MEMORANDUM OF LAW in Support re: #46 MOTION to Dismiss (Counts I, III, IV, V, VI). . Document filed by The Trustees of Columbia University In The City of New York. (Kaplan, Roberta) |
| Filing 46 MOTION to Dismiss (Counts I, III, IV, V, VI). Document filed by The Trustees of Columbia University In The City of New York. Responses due by 8/30/2019(Kaplan, Roberta) |
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Filing 45
ORDER: granting #44 Letter Motion for Extension of Time to File. Application Granted. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/15/2019) (ama)
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| Filing 44 JOINT LETTER MOTION for Extension of Time to File pseudonymous complaint addressed to Judge Valerie E. Caproni from Kimberly C. Lau dated July 12, 2019. Document filed by Ben Feibleman.(Lau, Kimberly) |
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Filing 43
ORDER. IT IS HEREBY ORDERED, for the reasons stated at the conference, that the names of all non-parties that the parties have temporarily redacted shall be pseudonymized in this case until further order. The parties are directed to meet and confer on a set of pseudonyms for all of the non-parties, which is to be applied in all case-related filings until further order. Plaintiff must file a pseudonymized version of the Complaint on or before July 12, 2019. A list of the pseudonyms and the corresponding names must be sent to the Court and filed with Sealed Records. The Clerk of Court is respectfully directed to terminate docket entry 24. IT IS FURTHER ORDERED that Plaintiff's opposition to Defendant's motion to dismiss (or his Amended Complaint, should he choose to file an Amended Complaint) shall be due on August 30, 2019. Defendant's reply shall be due September 20, 2019. IT IS FURTHER ORDERED that discovery is stayed as to any information that is not relevant to the Discrimination Claims, until the Court resolves Plaintiff's anticipated motion to dismiss or orders otherwise. Regardless, Plaintiff may not depose Jane Doe without leave of Court. On the first business day of each month, starting in August 2019, the parties must submit a joint report on the status and progress of discovery, including any disputes or issues that may require the Court's intervention. SO ORDERED. (Amended Pleadings due by 8/30/2019. Responses due by 8/30/2019. Replies due by 9/20/2019.) The following deadline(s) was terminated: Expert Discovery Deadline. Fact Discovery Deadline. (Signed by Judge Valerie E. Caproni on 6/28/2019) (rjm)
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Filing 42
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). All Fact Discovery due by 1/31/2020. All Expert Discovery due by 3/31/2020. Deposition due by 3/31/2020. This case is to be tried to a jury. The next Pretrial Conference set for 1/31/2020 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/28/2019) (ama)
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| Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 6/28/2019. (jp) |
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Filing 41
ORDER: denying #38 Letter Motion to Adjourn Conference. The Court does not anticipate that Ms. Konidaris' presence will be necessary at the initial conference. Columbia's request to adjourn is therefore denied. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/26/2019) (ama)
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| Filing 40 NOTICE OF APPEARANCE by Joshua Adam Matz on behalf of The Trustees of Columbia University In The City of New York. (Matz, Joshua) |
| Filing 39 LETTER RESPONSE to Motion addressed to Judge Valerie E. Caproni from Kimberly Lau dated June 25, 2019 re: #38 LETTER MOTION to Adjourn Conference Scheduled for June 28, 2019 addressed to Judge Valerie E. Caproni from Roberta A. Kaplan dated June 25, 2019. . Document filed by Ben Feibleman. (Lau, Kimberly) |
| Filing 38 LETTER MOTION to Adjourn Conference Scheduled for June 28, 2019 addressed to Judge Valerie E. Caproni from Roberta A. Kaplan dated June 25, 2019. Document filed by The Trustees of Columbia University In The City of New York.(Kaplan, Roberta) |
| Filing 37 JOINT LETTER addressed to Judge Valerie E. Caproni from James Figliozzi dated June 20, 2019 re: Pre-Initial Conference Information and Civil Case Management Plan. Document filed by Ben Feibleman.(Figliozzi, James) |
| Filing 36 SEALED DOCUMENT placed in vault.(mhe) |
| Filing 35 DECLARATION of Kimberly C. Lau in Opposition re: #24 MOTION Redact Complaint .. Document filed by Ben Feibleman. (Attachments: #1 Exhibit A)(Lau, Kimberly) |
| Filing 34 MEMORANDUM OF LAW in Opposition re: #24 MOTION Redact Complaint . . Document filed by Ben Feibleman. (Lau, Kimberly) |
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Filing 33
MEMO ENDORSEMENT: on re: #32 Letter filed by Ben Feibleman. ENDORSEMENT: Plaintiff is granted leave to apply the proposed redactions, as submitted to the Court on June 12, 2019, and to file the redacted versions of the above documents on ECF. On or before June 20, 2019, the parties must submit to Sealed Records the un-redacted versions of all filings related to Defendant's motion for redactions. SO ORDERED., Motions terminated: #24 MOTION Redact Complaint filed by The Trustees of Columbia University In The City of New York. (Signed by Judge Valerie E. Caproni on 6/13/2019) (ama)
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| Filing 32 CONSENT LETTER addressed to Judge Valerie E. Caproni from Kimberly C. Lau dated June 11, 2019 re: Filing Redacted Documents. Document filed by Ben Feibleman.(Lau, Kimberly) |
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Filing 31
NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on June 28, 2019, at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. Plaintiffs are encouraged to serve defendants promptly. Plaintiff's counsel, or the defendant's counsel in removed cases, is responsible for distributing copies of this Notice to all parties. And as set forth herein. SO ORDERED. Initial Conference set for 6/28/2019 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 6/11/2019) (ama)
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| Filing 30 NOTICE OF APPEARANCE by Jordana Lauren Haviv on behalf of The Trustees of Columbia University In The City of New York. (Haviv, Jordana) |
| Filing 29 NOTICE OF APPEARANCE by Darren Wright Johnson on behalf of The Trustees of Columbia University In The City of New York. (Johnson, Darren) |
| Filing 28 NOTICE OF APPEARANCE by Michele S. Hirshman on behalf of The Trustees of Columbia University In The City of New York. (Hirshman, Michele) |
| Filing 27 SEALED DOCUMENT placed in vault.(rz) |
| Filing 26 DECLARATION of Gabrielle E. Tenzer in Support re: #24 MOTION Redact Complaint .. Document filed by The Trustees of Columbia University In The City of New York. (Attachments: #1 Exhibit A, #2 Exhibit B)(Tenzer, Gabrielle) |
| Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION Redact Complaint . . Document filed by The Trustees of Columbia University In The City of New York. (Tenzer, Gabrielle) |
| Filing 24 MOTION Redact Complaint . Document filed by The Trustees of Columbia University In The City of New York.(Tenzer, Gabrielle) |
| Filing 23 REDACTION to #18 Complaint, 1 Complaint by Ben Feibleman(Lau, Kimberly) |
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Filing 22
ENDORSED LETTER: addressed to Judge Valerie E. Caproni from James Figliozzi dated 5/21/2019 re: Pursuant to Your Honor's Order dated May 19, 2019 (ECF 19), a copy of the proposed redacted Complaint with the proposed interim redactions is attached. ENDORSEMENT: Because Plaintiff has explained the value of the color-coded redactions and Columbia has not indicated how privacy or any other countervailing interests justify the use of monochromatic redactions, the Court approves the proposed temporary redactions as submitted by Plaintiff on May 21, 2019. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006). Plaintiff is directed to file the redacted version of the Complaint on ECF and to submit un-redacted versions of all redacted or sealed documents, including the Complaint, the above email, and any filings whose ECF hyperlinks have been deactivated, to Sealed Records by May 29, 2019. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/22/2019) (ama)
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| Filing 21 WAIVER OF SERVICE RETURNED EXECUTED. The Trustees of Columbia University In The City of New York waiver sent on 5/16/2019, answer due 7/15/2019. Document filed by Ben Feibleman. (Lau, Kimberly) |
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Filing 20
ORDER granting #16 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. SO ORDERED. (Responses due by 6/11/2019) (Signed by Judge Valerie E. Caproni on 5/20/2019) (jca)
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Filing 19
MEMO ENDORSEMENT on re: #17 Letter filed by Ben Feibleman. ENDORSEMENT: At Defense counsel's request, because the proposed redaction appears to have missed at least one name reference, the docket entry has been sealed. The parties are directed to re- submit proposed interim redactions to the Court's inbox by May 21, 2019. Going forward, the parties are advised that redacted versions of documents should not be filed on ECF until the Court has approved the proposal by granting the accompanying motion to seal or redact.SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/19/2019) (jca)
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| Filing 18 COMPLAINT against The Trustees of Columbia University In The City of New York. Document filed by Ben Feibleman.(Lau, Kimberly) |
| Filing 17 LETTER addressed to Judge Valerie E. Caproni from James E. Figliozzi dated May 17, 2019 re: Redacted Complaint. Document filed by Ben Feibleman.(Lau, Kimberly) |
| Filing 16 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Valerie E. Caproni from James E. Figliozzi dated May 17, 2019. Document filed by Ben Feibleman.(Lau, Kimberly) |
| Filing 15 LETTER addressed to Judge Valerie E. Caproni from Kimberly C. Lau dated May 15, 2019 re: Objection to Deactivation of Hyperlink. Document filed by Ben Feibleman.(Lau, Kimberly) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to The Trustees of Columbia University In The City of New York. (dnh) |
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Filing 13
ORDER: granting #10 Letter Motion to Seal Document. The name of the alleged sexual-assault victim in this case shall be redacted from all public filings pending the Court's resolution of Defendant's forthcoming motion for redactions.The Clerk of Court is directed to DEACTIVATE the hyperlink at Dkt. 7 (but the Clerk shall not remove the docket entry). No later than May 17, 2019, Plaintiff must refile his letter with the alleged victim's name redacted. Additionally, no later than May 17, 2019, Defendant must submit a letter, of no more than three pages, explaining whether and why the Complaint should remain sealed pending resolution of the motion for redactions. The parties are strongly urged to reach agreement on a redacted Complaint that may be filed -- at least as a temporary measure -- while the Court adjudicates Defendant's motion for redactions. Both parties are also expected to work together more collegially and cooperatively in the future. All further communications with the Court must be made by ECF absent extraordinary circumstances. As stated in the Court's May 14, 2019 order, the deactivation of the Complaint's hyperlink is, at this time, a temporary measure; the Court has made no determination of the merits vel non of Defendant's motion for redactions (or of this case in general). SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/15/2019) (ama)
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| Filing 12 NOTICE OF APPEARANCE by Thomas Alan Rawlinson on behalf of The Trustees of Columbia University In The City of New York. (Rawlinson, Thomas) |
| Filing 11 NOTICE OF APPEARANCE by Gabrielle Tenzer on behalf of The Trustees of Columbia University In The City of New York. (Tenzer, Gabrielle) |
| Filing 10 LETTER MOTION to Seal Document #7 Letter addressed to Judge Valerie E. Caproni from Roberta A. Kaplan dated May 15, 2019. Document filed by The Trustees of Columbia University In The City of New York. (Attachments: #1 Exhibit A - Emails between Counsel)(Kaplan, Roberta) |
| Filing 9 NOTICE OF APPEARANCE by Roberta Ann Kaplan on behalf of The Trustees of Columbia University In The City of New York. (Kaplan, Roberta) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to The Trustees of Columbia University in the City of New York, re: 1 Complaint. Document filed by Ben Feibleman. (Lau, Kimberly) |
| Filing 7 LETTER addressed to Judge Valerie E. Caproni from Kimberly C. Lau dated May 15, 2019 re: hyperlink to the Complaint. Document filed by Ben Feibleman.(Lau, Kimberly) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kimberly C. Lau to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the date field on the offical A.O. Summons form was completed by the attorney; leave the date field blank for clerk use only. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
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Filing 6
ORDER: Plaintiff Ben Feibleman filed the Complaint in this case on May 13, 2019, alleging that Defendant Trustees of Columbia University in the City of New York unlawfully expelled him from a graduate school program following allegations of sexual assault. On May 14, 2019, counsel for Defendant contacted Chambers and requested that the Complaint be stricken from the record pending Defendant's filing a motion to redact the Complaint on the ground that the Complaint contains the name of the alleged sexual-assault victim, photographs, and other personal information. (Motions due by 5/24/2019. Responses due by 6/4/2019). The Court has temporarily deactivated the hyperlink to the Complaint on ECF, pending the Court's resolution of what, if any, redactions, are appropriate to make to the Complaint. The parties are urged to confer and enter into a stipulation on the scope of any mutually-agreeable redactions. Whether the parties are able to come to an agreement, Defendant must file a motion in support of any redactions no later than May 24, 2019. If there are areas of disagreement, Plaintiff must respond no later than June 4, 2019. There will be no replies. Both parties' submissions must be briefs of no more than 15 pages. Both parties' briefs must address whether and why redactions to the Complaint are appropriate, in light of the presumption of access to the federal courts. See Bernstein v. Bernstein Litowitz Berger & Grossmann LLP, 814 F.3d 132, 139(2d Cir. 2016). Any proposed redactions must be filed in the manner set forth in this Court's Individual Practices in Civil Cases, Rule 5(A). If Plaintiff objects to the hyperlink to the Complaint remaining deactivated pending the resolution of Defendant's motion, Plaintiff may submit a letter on ECF explaining the basis for his objection. So Ordered (Signed by Judge Valerie E. Caproni on 5/14/2019) (js)
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| Filing 5 NOTICE OF APPEARANCE by James Edward Figliozzi on behalf of Ben Feibleman. (Figliozzi, James) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to The Trustees of Columbia University in the City of New York, re: 1 Complaint. Document filed by Ben Feibleman. (Lau, Kimberly) Modified on 5/15/2019 (dnh). |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kimberly C. Lau. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) |
| Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kimberly C. Lau to RE-FILE Document No. #2 Request for Issuance of Summons,. The filing is deficient for the following reason(s): second party name must include 'care of c/o' or 'via';. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 3 CIVIL COVER SHEET filed. (Lau, Kimberly) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to The Trustees of Columbia University in the City of New York, re: 1 Complaint. Document filed by Ben Feibleman. (Lau, Kimberly) Modified on 5/14/2019 (jgo). |
| Filing 1 COMPLAINT against The Trustees of Columbia University In The City of New York. (Filing Fee $ 400.00, Receipt Number ANYSDC-16873905)Document filed by Ben Feibleman.(Lau, Kimberly) |
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