IN RE COLUMBIA UNIVERSITY TUITION REFUND ACTION
| Student A, Alexandra Taylor-Gutt, Lisa Guerra, Emmaline Bennett and Chris Riotta |
| Board of Trustees of Columbia University, Board of Trustees of Columbia University in the City of New York and Columbia University |
| 1:2020cv03208 |
| April 23, 2020 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2022. A more recent docket listing may be available from PACER.
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Filing 71
MEMO ENDORSEMENT on re: #70 Letter filed by Board of Trustees of Columbia University in the City of New York. ENDORSEMENT: Application GRANTED. Further such extension requests are unlikely to be granted. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/4/2021) (jca)
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Filing 70
JOINT LETTER addressed to Judge Jesse M. Furman from Roberta A. Kaplan dated July 30, 2021 re: Status Report. Document filed by Board of Trustees of Columbia University in the City of New York..(Kaplan, Roberta)
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Filing 69
MEMO ENDORSEMENT on re: #68 Letter Status Report filed by Board of Trustees of Columbia University in the City of New York. ENDORSEMENT : SO ORDERED. (Signed by Judge Jesse M. Furman on 6/15/21) (yv)
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Filing 68
JOINT LETTER addressed to Judge Jesse M. Furman from Roberta A. Kaplan dated June 15, 2021 re: Status Report. Document filed by Board of Trustees of Columbia University in the City of New York..(Kaplan, Roberta)
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Filing 67
MEMO ENDORSEMENT on re: #66 Letter filed by Board of Trustees of Columbia University in the City of New York. ENDORSEMENT: SO ORDERED. (Signed by Judge Jesse M. Furman on 4/30/2021) (rro)
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Filing 66
JOINT LETTER addressed to Judge Jesse M. Furman from Roberta A. Kaplan dated April 30, 2021 re: Status Report. Document filed by Board of Trustees of Columbia University in the City of New York..(Kaplan, Roberta)
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Filing 65
ORDER granting #64 Letter Motion to Stay re: #64 JOINT LETTER MOTION to Stay Proceedings addressed to Judge Jesse M. Furman from Roberta A. Kaplan dated March 15, 2021. Application GRANTED. All deadlines are stayed and the initial pretrial conference is ADJOURNED sine die. The parties shall submit a status report to the Court no later than April 30, 2021. The Clerk of Court is directed to terminate ECF No. 64. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/15/2021) (va)
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Filing 64
JOINT LETTER MOTION to Stay Proceedings addressed to Judge Jesse M. Furman from Roberta A. Kaplan dated March 15, 2021. Document filed by Board of Trustees of Columbia University in the City of New York..(Kaplan, Roberta)
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Filing 63
ORDER: In light of the Court's Opinion and Order issued today, Defendant shall file an answer with respect to Plaintiffs' surviving claims no later than March 18, 2021. In addition, the parties shall appear for an initial pretrial conference on March 31, 2021, at 3:00 p.m. (As further set forth in this Order.) Emmaline Bennett answer due 3/18/2021; Columbia University answer due 3/18/2021.( Initial Conference set for 3/31/2021 at 03:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/26/2021) (cf)
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Filing 62
OPINION AND ORDER re: (35 in 1:20-cv-03208-JMF) MOTION to Dismiss the Consolidated Amended Class Action Complaint. filed by Board of Trustees of Columbia University in the City of New York, (38 in 1:20-cv-03210-JMF) MOTION to Dismiss Pursuant to Rule 12 (c). filed by Pace University. Columbia's motion to dismiss and Pace's motion for judgment on the pleadings are each GRANTED in part and DENIED in part. In particular, to the extent that Plaintiffs in each case identify specific promises in their respective Universities' publications that the Universities allegedly breached, the motions are denied; to the extent they fail to do so, their claims are dismissed. More specifically: The Columbia Plaintiffs' contract claim relating to instructional format is dismissed. Marbury's contract claim relating to instructional format survives. The contract claims relating to on-campus facilities and activities survive in both cases. Marbury's contract claims relating to on-campus housing and meals are dismissed. The claims for unjust enrichment, conversion, and violations of the New York General Business Law are dismissed in both cases. By separate Orders to be entered today, the Court will set a deadline for Columbia to file its answer and will schedule an initial pretrial conference in each case. The Court declines to grant Plaintiffs leave to amend their Complaints. Although leave to amend a complaint should be freely given "when justice so requires," Fed. R. Civ. P. 15(a)(2), it is "within the sound discretion of the district court to grant or deny leave to amend," Ahmed v. GEO USA LLC, No. 14-CV-7486 (JMF), 2015 WL 1408895, at *5 (S.D.N.Y. Mar. 27, 2015) (internal quotation marks omitted). Here, the Columbia Plaintiffs do not request leave to amend, and although Marbury does, see Marbury Opp'n 25, she does not suggest that she is in possession of facts that would cure the problems with her dismissed claims, see, e.g., Clark v. Kitt, No. 12-CV-8061 (CS), 2014 WL 4054284, at *15 (S.D.N.Y. Aug. 15, 2014) ("A plaintiff need not be given leave to amend if he fails to specify how amendment would cure the pleading deficiencies in his complaint."), aff'd, 619 F. App'x 34 (2d Cir. 2015) (summary order). Additionally, the Court granted Plaintiffs in both cases leave to amend their prior Complaints in response to Defendants' motions and explicitly warned that they would "not be given any further opportunity to amend the complaint to address issues raised by the motion." 20-CV-3208, ECF No. 37; 20-CV-3210, ECF No. 41; see, e.g., Transeo S.A.R.L. v. Bessemer Venture Partners VI L.P., 936 F. Supp. 2d 376, 415 (S.D.N.Y. 2013) (Plaintiff's failure to fix deficiencies in its previous pleadings is alone sufficient ground to deny leave to amend sua sponte." (citing cases)). The Clerk of Court is directed to terminate 20-CV-3208, ECF No. 35 and 20-CV-3210, ECF No. 38. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/26/21) (yv)
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Filing 61
LETTER addressed to Judge Jesse M. Furman from Roberta A. Kaplan dated February 22, 2021 re: Columbia's Motion to Dismiss in Brittain v. Trs. of Columbia Univ. in the City of N.Y. Document filed by Board of Trustees of Columbia University in the City of New York. (Attachments: #1 Exhibit 1: Brittain - Memorandum of Law in Support of Columbia's Motion to Dismiss).(Kaplan, Roberta)
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Filing 60
LETTER addressed to Judge Jesse M. Furman from Roy T. Willey, IV dated February 22, 2021 re: Defendant's Jan. 29, 2021 Notice of Supplemental Authority. Document filed by Lisa Guerra, Chris Riotta, Student A, Alexandra Taylor-Gutt. (Attachments: #1 Exhibit 1 - RIT Complaint, #2 Exhibit 2 - RPI Complaint, #3 Exhibit 3 - Chong v. Northeastern Univ., #4 Exhibit 4 - Bahrani v. Northeastern Univ., #5 Exhibit 5 - In Re: Boston Univ. Covid-19 Refund Litigation, #6 Exhibit 6 - Hiatt v. Brigham Young Univ., #7 Exhibit 7 - McCarthy v. Loyola Marymount Univ., #8 Exhibit 8 - Rhodes v. Embry-Riddle Aeronautical Univ. Inc., #9 Exhibit 9 - Garland v. Western Michigan Univ., #10 Exhibit 10 - Doe v. Emory Univ., #11 Exhibit 11 - Little v. Grand Canyon Univ., #12 Exhibit 12 - Grant v. Chapman Univ., #13 Exhibit 13 - Verdini v. District Bd. of Trustees of Miami-Dade).(Willey, Roy)
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Filing 59
NOTICE of SUPPLEMENTAL AUTHORITY. Document filed by Board of Trustees of Columbia University in the City of New York. (Attachments: #1 Exhibit 1: Hassan v. Fordham University).(Kaplan, Roberta)
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Filing 58
MEMO ENDORSEMENT granting #57 MOTION for Joshua Matz to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed Joshua Matz to update the docket accordingly and to terminate ECF No. 57. SO ORDERED. Attorney Joshua Adam Matz terminated. (Signed by Judge Jesse M. Furman on 1/19/2021) (jca)
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Filing 57
MOTION for Joshua Matz to Withdraw as Attorney . Document filed by Board of Trustees of Columbia University in the City of New York. (Attachments: #1 Affidavit of Joshua Matz).(Matz, Joshua)
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Filing 56
LETTER addressed to Judge Jesse M. Furman from Roberta A. Kaplan dated January 4, 2021 re: Plaintiffs' Dec. 29, 2020 Notice of Supplemental Authority. Document filed by Board of Trustees of Columbia University in the City of New York, Columbia University..(Kaplan, Roberta)
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Filing 55
NOTICE of Supplemental Authority re: #45 Memorandum of Law in Opposition to Motion,. Document filed by Lisa Guerra, Chris Riotta, Student A, Alexandra Taylor-Gutt. (Attachments: #1 Exhibit 1 - Bergeron v. Rochester Institute of Technology, #2 Exhibit 2 - Ford v. Rensselaer Polytechnic Institute, #3 Exhibit 3 - Doe v. Bradley Univ.).(Willey, Roy)
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Filing 54
LETTER addressed to Judge Jesse M. Furman from Roberta A. Kaplan dated December 10, 2020 re: Plaintiffs' Dec. 9, 2020 Notice of Supplemental Authority. Document filed by Board of Trustees of Columbia University in the City of New York..(Kaplan, Roberta)
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Filing 53
NOTICE of Supplemental Authority re: #45 Memorandum of Law in Opposition to Motion,. Document filed by Lisa Guerra, Chris Riotta, Student A, Alexandra Taylor-Gutt. (Attachments: #1 Exhibit 1 - Gibson v. Lynn Univ., #2 Exhibit 2 - Saroya v. Univ. of the Pacific, #3 Exhibit 3 - Spiegel v. Trustees of Indiana Univ., #4 Exhibit 4 - Verlanga v. Univ. of San Francisco, #5 Exhibit 5 - Kishinevsky v. Bd. of Trustees of Metro. State Univ. of Denver).(Willey, Roy)
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Filing 52
LETTER addressed to Judge Jesse M. Furman from Roberta A. Kaplan dated November 4, 2020 re: Plaintiffs' Notices of Supplemental Authority. Document filed by Board of Trustees of Columbia University in the City of New York..(Kaplan, Roberta)
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Filing 51
NOTICE of Supplemental Authority re: #45 Memorandum of Law in Opposition to Motion,. Document filed by Lisa Guerra, Chris Riotta, Student A, Alexandra Taylor-Gutt. (Attachments: #1 Exhibit Rosado v. Barry University, Inc., #2 Exhibit Zahn v. Ohio University).(Willey, Roy)
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Filing 50
NOTICE of Supplemental Authority re: #45 Memorandum of Law in Opposition to Motion,. Document filed by Lisa Guerra, Chris Riotta, Student A, Alexandra Taylor-Gutt. (Attachments: #1 Exhibit Waitt v. Kent State University, #2 Exhibit Garland v. Western Michigan University, #3 Exhibit Smith v. Ohio State University).(Willey, Roy)
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Filing 49
NOTICE of Supplemental Authority re: #45 Memorandum of Law in Opposition to Motion,. Document filed by Lisa Guerra, Chris Riotta, Student A, Alexandra Taylor-Gutt..(Willey, Roy)
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Filing 48
NOTICE of Supplemental Authority. Document filed by Lisa Guerra, Chris Riotta, Student A, Alexandra Taylor-Gutt. (Attachments: #1 McDermott Order Denying Motion to Dismiss, #2 Mellowitz Order Denying Motion to Dismiss, #3 Mellowitz Complaint, #4 Mellowitz Motion to Dismiss, #5 Mellowitz Memorandum in Support of Motion to Dismiss, #6 Mellowitz Response in Opposition to Motion to Dismiss, #7 Mellowitz Reply in Support of Motion to Dismiss).(Willey, Roy)
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Filing 47
NOTICE OF APPEARANCE by Roy T. Willey, IV on behalf of Lisa Guerra, Chris Riotta, Student A, Alexandra Taylor-Gutt..(Willey, Roy)
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Filing 46
REPLY MEMORANDUM OF LAW in Support re: #35 MOTION to Dismiss the Consolidated Amended Class Action Complaint. . Document filed by Board of Trustees of Columbia University in the City of New York..(Kaplan, Roberta)
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Filing 45
MEMORANDUM OF LAW in Opposition re: #35 MOTION to Dismiss the Consolidated Amended Class Action Complaint. . Document filed by Emmaline Bennett, Lisa Guerra, Chris Riotta, Student A, Alexandra Taylor-Gutt. (Attachments: #1 Exhibit A, #2 Exhibit B).(Bradham, John)
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Filing 44
MEMO ENDORSEMENT on re: #43 Letter Columbias motion to dismiss filed by Board of Trustees of Columbia University in the City of New York, Set Deadlines/Hearing as to #43 Letter, #35 MOTION to Dismiss the Consolidated Amended Class Action Complaint. ENDORSEMENT: Unless and until the Court orders otherwise, in light of this letter, Plaintiffs' opposition shall be filed by August 14, 2020, and any reply shall be filed by August 21, 2020. SO ORDERED.:( Responses due by 8/14/2020, Replies due by 8/21/2020.) (Signed by Judge Jesse M. Furman on 7/27/20) (yv)
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Filing 43
LETTER addressed to Judge Jesse M. Furman from Roberta A. Kaplan dated July 27, 2020 re: Columbia's Motion to Dismiss. Document filed by Board of Trustees of Columbia University in the City of New York..(Kaplan, Roberta)
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Filing 42
SECOND AMENDED COMPLAINT amending #30 Amended Complaint, against Board of Trustees of Columbia University in the City of New York, Columbia University with JURY DEMAND.Document filed by Student A, Chris Riotta, Lisa Guerra, Alexandra Taylor-Gutt. Related document: #30 Amended Complaint,..(Willey, Roy)
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Filing 41
ORDER denying #38 Letter Motion for Discovery. Plaintiffs' requests are DENIED, substantially for the reasons set forth in Defendant's opposition. See ECF No. 40. The Clerk of Court is directed to terminate ECF No. 38. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/6/20) (yv)
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Filing 40
LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Roberta A. Kaplan dated July 6, 2020 re: #38 LETTER MOTION for Discovery and Adjournment of Briefing Deadline addressed to Judge Jesse M. Furman from Roy T. Willey IV dated 07/01/2020. . Document filed by Board of Trustees of Columbia University in the City of New York. (Attachments: #1 Exhibit A - Draft Case Management Plan).(Kaplan, Roberta)
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Filing 39
ORDER with respect to #38 Letter Motion for Discovery and Adjournment of Briefing Deadline: Defendant shall file any opposition by July 6, 2020. No reply may be filed without leave of Court. Unless and until the Court orders otherwise, all existing dates and deadlines remain in effect. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 38
LETTER MOTION for Discovery and Adjournment of Briefing Deadline addressed to Judge Jesse M. Furman from Roy T. Willey IV dated 07/01/2020. Document filed by Lisa Guerra, Chris Riotta, Student A, Alexandra Taylor-Gutt..(Willey, Roy)
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Filing 37
ORDER, It is hereby ORDERED that Plaintiffs shall file any amended complaint by July 22, 2020. Plaintiffs will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If no amended complaint is filed, Plaintiffs shall file any opposition to the motion to dismiss by July 22, 2020. Defendant's reply, if any, shall be filed by August 6, 2020. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for July 23, 2020, is adjourned sine die. SO ORDERED. ( Amended Pleadings due by 7/22/2020.), Set Deadlines/Hearing as to #35 MOTION to Dismiss the Consolidated Amended Class Action Complaint. :( Responses due by 7/22/2020, Replies due by 8/6/2020.) (Signed by Judge Jesse M. Furman on 6/23/20) (yv)
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Filing 36
MEMORANDUM OF LAW in Support re: #35 MOTION to Dismiss the Consolidated Amended Class Action Complaint. . Document filed by Board of Trustees of Columbia University in the City of New York..(Kaplan, Roberta)
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Filing 35
MOTION to Dismiss the Consolidated Amended Class Action Complaint. Document filed by Board of Trustees of Columbia University in the City of New York..(Kaplan, Roberta)
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Filing 34
NOTICE OF APPEARANCE by David Shieh on behalf of Board of Trustees of Columbia University in the City of New York..(Shieh, David)
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Filing 33
NOTICE OF APPEARANCE by Eric Poulin on behalf of Emmaline Bennett, Lisa Guerra, Chris Riotta, Student A, Alexandra Taylor-Gutt..(Poulin, Eric)
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Filing 32
ORDER granting #31 Motion for Eric M. Poulin to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for Eric M. Poulin to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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Filing 31
MOTION for Eric M. Poulin to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Student A. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing - California, #3 Exhibit Certificate of Good Standing - Georgia, #4 Exhibit Certificate of Good Standing - North Carolina, #5 Exhibit Certificate of Good Standing - South Carolina, #6 Text of Proposed Order).(Poulin, Eric)
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Filing 30
AMENDED COMPLAINT amending #28 Amended Complaint, against Board of Trustees of Columbia University in the City of New York, Columbia University with JURY DEMAND.Document filed by Student A, Chris Riotta, Lisa Guerra, Alexandra Taylor-Gutt. Related document: #28 Amended Complaint,. (Attachments: #1 Exhibit Joint Stipulation and Order for Consolidated Class Action Complaint).(Willey, Roy)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Roy T. Willey to RE-FILE Document No. #28 Amended Complaint,. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading; the All Defendant radio button was selected; Only select "Amended Complaint" not "Joint Amended Complaint". Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
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Filing 29
NOTICE OF APPEARANCE by John Macleod Bradham on behalf of Lisa Guerra, Chris Riotta, Student A, Alexandra Taylor-Gutt..(Bradham, John)
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Filing 28
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -JOINT AMENDED COMPLAINT amending #26 Amended Complaint, against All Defendants with JURY DEMAND.Document filed by Student A, Chris Riotta, Lisa Guerra, Alexandra Taylor-Gutt. Related document: #26 Amended Complaint,. (Attachments: #1 Exhibit Joint Stipulation and Order for Consolidated Class Action Complaint).(Willey, Roy) Modified on 6/10/2020 (pc).
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Filing 27
MEMO ENDORSEMENT on re: #25 Notice (Other) filed by Emmaline Bennett. ENDORSEMENT: SO ORDERED., (Emmaline Bennett (Individually and on Behalf of all Others Similarly Situated ) terminated.) (Signed by Judge Jesse M. Furman on 6/8/20) (yv)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Roy Willey to RE-FILE re: Document No. #26 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is NOT TITLED CORRECTLY. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct titled Amended Complaint, signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (gp)
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Filing 26
FILING ERROR - PDF ERROR - JOINT AMENDED COMPLAINT amending #1 Complaint against All Defendants with JURY DEMAND.Document filed by Student A, Chris Riotta, Lisa Guerra, Alexandra Taylor-Gutt. Related document: #1 Complaint..(Willey, Roy) Modified on 6/8/2020 (gp).
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Filing 25
NOTICE of Voluntary Withdrawal of Plaintiff Emmaline Bennett. Document filed by Emmaline Bennett..(McKenna, Thomas)
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Filing 24
JOINT STIPULATION AND ORDER SETTING SCHEDULE FOR FILING OF THE CONSOLIDATED CLASS ACTION COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the Parties, that: 1. Plaintiffs shall file a Consolidated Class Action Complaint no later than June 5, 2020; 2. Defendant shall answer or otherwise move as to Plaintiffs' Consolidated Class Action Complaint no later than July 6, 2020; 3. If Defendant moves to dismiss or otherwise, Plaintiffs shall respond to Defendant's motion(s) no later than thirty (30) days after the filing of such motion(s); and 4. Defendant shall file reply papers, if any, no later than fifteen (15) days after the filing of Plaintiffs' response. The initial conference scheduled for June 25, 2020, is RESCHEDULED to July 23, 2020, at 3:15 p.m. The Clerk of Court is directed to terminate ECF No. 23. (Amended Pleadings due by 6/5/2020. Motions due by 7/6/2020. Initial Conference set for 7/23/2020 at 03:15 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 5/28/2020) (jwh)
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Filing 23
MOTION to Amend/Correct Setting Schedule to File Consolidated Class Action Complaint with Schedule for Responsive Pleadings. Document filed by Student A..(Willey, Roy)
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Filing 22
MOTION for Eric M. Poulin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19994743. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Student A. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing (SC), #3 Exhibit Certificate of Good Standing (NC), #4 Exhibit Certificate of Good Standing (GA), #5 Exhibit Certificate of Good Standing (CA), #6 Text of Proposed Order).(Poulin, Eric)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #22 MOTION for Eric M. Poulin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19994743. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from North Carolina Supreme Court and California Supreme Court;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (laq)
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Filing 21
MEMO ENDORSEMENT on RESPONSE OF DEFENDANT THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK TO THE COURT'S ORDER TO SHOW CAUSE REGARDING PSEUDONYMITY: re: #20 Response to Order to Show Cause filed by Board of Trustees of Columbia University in the City of New York. ENDORSEMENT: The Court is skeptical that there is a valid basis for Plaintiff to proceed pseudonymously in this matter. But given Defendant's lack of objection, and the fact that Plaintiff's identity is not critical at this stage of the proceedings, the Court will leave things be for now. The Court will revisit the issue if or when an initial pretrial conference is held and/or discovery begins. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/22/2020) (ama)
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Filing 20
RESPONSE TO ORDER TO SHOW CAUSE re: #7 Order to Show Cause,. Document filed by Board of Trustees of Columbia University in the City of New York..(Kaplan, Roberta)
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Filing 19
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Board of Trustees of Columbia University in the City of New York..(Kaplan, Roberta)
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Filing 18
NOTICE OF APPEARANCE by Joshua Adam Matz on behalf of Board of Trustees of Columbia University in the City of New York..(Matz, Joshua)
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Filing 17
NOTICE OF APPEARANCE by Gabrielle Tenzer on behalf of Board of Trustees of Columbia University in the City of New York..(Tenzer, Gabrielle)
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Filing 16
NOTICE OF APPEARANCE by Roberta Ann Kaplan on behalf of Board of Trustees of Columbia University in the City of New York..(Kaplan, Roberta)
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Filing 15
ORDER granting #14 Motion for Roy T. Willey IV to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 14
MOTION for Roy T. Willey IV to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19816812. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Student A. (Attachments: #1 Affidavit in Support of Motion, #2 Certificate of Good Standing South Carolina, #3 Proposed Order).(Willey, Roy)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Roy T. Willey IV to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19816812. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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Filing 13
JOINT STIPULATION AND ORDER CONSOLIDATING RELATED ACTIONS AND ESTABLISHING A LEADERSHIP STRUCTURE. The following actions are hereby consolidated for all purposes, including pre-trial proceedings and trial, under Case No. 1:20-cv-03208 ("The Consolidated Action"), pursuant to Federal Rule of Civil Procedure 42(a): Every pleading filed in the Consolidated Action, or in any separate action included herein, must bear the following caption as further set forth in this Stipulation. All papers filed in connection with the Consolidated Action will be maintained in one file under Lead Case No. 1:20-cv-03208. Co-Lead Counsel for Plaintiffs for the conduct of the Consolidated Action shall be: ANASTOPOULO LAW FIRM, LLC. Plaintiffs' Co-Lead Counsel shall have the sole authority to speak for Plaintiffs in all matters regarding pre-trial procedure, trial, and settlement negotiations and shall make all work assignments in such manner as to facilitate the orderly and efficient prosecution of this litigation and to avoid duplicative or unproductive effort. Co-Lead Counsel shall be responsible for coordinating all activities and appearances on behalf of Plaintiffs. No motion, request for discovery, or other pre-trial or trial proceedings will be initiated or filed by any Plaintiffs except through Co-Lead Counsel. Defendant's counsel may rely upon all agreements made with Co-Lead Counsel, or other duly authorized representative of Co-Lead Counsel, and such agreements shall be binding on all plaintiffs. This Stipulation is without prejudice to any and all defenses Defendants may assert in this or any of the above-referenced actions and without prejudice to any and all claims Plaintiffs may assert. In the event that a case that arises out of the same subject matter as the Consolidated Action is hereafter filed in this Court or transferred from another court, defense counsel shall promptly serve a copy of this Order on the attorneys for the plaintiff(s) in the newly filed case and promptly notify the Court so it may determine if the newly filed case should be consolidated in the Consolidated Action. The Clerk of Court is directed to consolidate 20-CV-3208 and 20-CV-3227 under 20-CV-3208, to modify the caption as set forth above, and to close 20-CV-3227. IT IS SO ORDERED. (Signed by Judge Jesse M. Furman on 5/5/20) Filed In Associated Cases: 1:20-cv-03208-JMF, 1:20-cv-03227-JMF (yv)
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Filing 12
PROPOSED STIPULATION AND ORDER. Document filed by Student A..(Toptani, Edward)
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Filing 11
RESPONSE TO ORDER TO SHOW CAUSE re: #7 Order to Show Cause,. Document filed by Student A..(Toptani, Edward)
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Filing 10
CERTIFICATE OF SERVICE of Notice of Pre-Trial Conference and Individual Rules and Practices served on Defendant Bd. of Trustees of Columbia University on 04/28/20. Service was made by Mail. Document filed by Student A..(Toptani, Edward)
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Filing 9
CIVIL COVER SHEET filed..(Toptani, Edward)
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Filing 8
ORDER: On April 23, 2020, Plaintiff Student A filed a complaint in 20-CV-3208. The same day, Plaintiffs Emmaline Bennett and Alasdair Tremlett filed a similar complaint in 20-CV-3227. As of this Order, no motion for consolidation has been filed, but 20-CV-3227 has been accepted by the Court as related to 20-CV-3208, and the cases appear to involve common questions of law and fact. The Court is inclined to consolidate the cases pursuant to Rule 42 of the Federal Rules of Civil Procedure for all purposes. Any party who objects to such consolidation shall file a letter brief, not to exceed three single-spaced pages, by May 4, 2020. If no party files a letter opposing consolidation, the Court will consolidate the two cases without further notice to the parties. It is further ORDERED that Plaintiffs shall promptly serve a copy of this Order on each of the Defendants and file proof of service on the docket. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/27/2020) Filed In Associated Cases: 1:20-cv-03208-JMF, 1:20-cv-03227-JMF (ks)
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Filing 7
ORDER TO SHOW CAUSE. It is hereby ORDERED that, no later than May 1, 2020, Plaintiff shall show good cause in writing why he should not be required to amend the Complaint to reflect his real name. Defendant shall file its response by May 8, 2020, or within one week of entering a notice of appearance, whichever is later. No reply may be filed absent leave of Court. SO ORDERED. ( Show Cause Response due by 5/8/2020.) (Signed by Judge Jesse M. Furman on 4/24/20) (yv)
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on June 25, 2020, at 4:15 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at https://www.nysd.uscourts.gov/electronic-case-filing. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. And as set forth herein. SO ORDERED. Initial Conference set for 6/25/2020 at 04:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 4/24/2020) (ama)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Board of Trustees of Columbia University in the City of New York..(jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Edward G. Toptani. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1453; Citizenship Plaintiff code 1 (Citizen of This State); Dollar Demand $5,000,000,000; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Citizenship Plaintiff code has been modified to 2 (Citizen of Another State); the Dollar Demand has been modified to none; the Fee Status code has been modified to pd (paid);. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Edward G. Toptani to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Citizenship Defendant code - multiple selections;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Edward G. Toptani. The party information for the following party/parties has been modified: Board of Trustees of Columbia University. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo)
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Magistrate Judge Kevin Nathaniel Fox 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
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Case Designated ECF. (jgo)
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Filing 4
NOTICE OF APPEARANCE by Edward G. Toptani on behalf of Student A..(Toptani, Edward)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to The Board of Trustees of Columbia University in the City of New York, re: #1 Complaint. Document filed by Student A..(Toptani, Edward)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Toptani, Edward) Modified on 4/24/2020 (jgo).
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Filing 1
COMPLAINT against Board of Trustees of Columbia University. (Filing Fee $ 400.00, Receipt Number ANYSDC-19556161)Document filed by Student A..(Toptani, Edward)
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