Doe v. Columbia University
| John Doe |
| Columbia University |
| 1:2020cv06770 |
| August 21, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Gregory H Woods |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 26, 2023. A more recent docket listing may be available from PACER.
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Filing 34
MEMORANDUM OPINION AND ORDER re: #27 MOTION to Dismiss . filed by Columbia University. For the reasons stated above, Defendant's motion to dismiss is GRANTED as to Plaintiff's claims for injunctive relief and damages arising from his expulsion and lack of diploma, Plaintiff's selective enforcement and Davis harassment claims regarding his interim suspension, and Plaintiff's erroneous outcome claim as to the Jane Doe 1 proceeding; it is DENIED as to all other claims. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 27. (Signed by Judge Gregory H. Woods on 8/1/2021) (rro)
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Filing 33
REPLY MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss . . Document filed by Columbia University..(Kaplan, Roberta)
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Filing 32
MEMORANDUM OF LAW in Opposition re: #27 MOTION to Dismiss . . Document filed by John Doe. (Attachments: #1 Affidavit Declaration of Philip A. Byler, Esq.).(Byler, Philip)
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Filing 31
DECLARATION of Marcella Coburn in Support re: #27 MOTION to Dismiss .. Document filed by Columbia University. (Attachments: #1 Ex. A - Columbia University's Gender-Based Misconduct Policy and Procedures for Students).(Coburn, Marcella)
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Filing 30
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/13/20 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)
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Filing 29
TRANSCRIPT of Proceedings re: CONFERENCE held on 11/13/2020 before Judge Gregory H. Woods. Court Reporter/Transcriber: Carol Ganley, (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 1/4/2021. Redacted Transcript Deadline set for 1/11/2021. Release of Transcript Restriction set for 3/11/2021..(McGuirk, Kelly)
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Filing 28
MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss . . Document filed by Columbia University..(Kaplan, Roberta)
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Filing 27
MOTION to Dismiss . Document filed by Columbia University..(Kaplan, Roberta)
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Filing 26
NOTICE OF APPEARANCE by Marcella Coburn on behalf of Columbia University..(Coburn, Marcella)
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Filing 25
ORDER granting #24 Motion for Marcella Coburn to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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Filing 24
MOTION for Marcella Coburn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22963147. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Columbia University. (Attachments: #1 Declaration, #2 DC Certificate of Good Standing, #3 MD Certificate of Good Standing, #4 Proposed Order).(Coburn, Marcella)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Marcella Coburn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22963147. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 23
ORDER. Defendant's November 5, 2020 request for leave to file a motion to dismiss, Dkt No. 20, is granted. The deadline for defendant to file and serve its motion to dismiss is December 11, 2020. Plaintiff's opposition is due January 15, 2021; defendant's reply, if any, is due within fourteen days after service of plaintiff's opposition. Defendant's moving brief and plaintiff's opposition shall be no more than 40 pages; defendant's reply brief shall be no more than 20 pages. For the reasons stated on the record during the November 13, 2020 teleconference, the Court imposes a stay on discovery pending the briefing and resolution of defendant's motion to dismiss. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 11/13/2020. (Court Reporter present) (wv)
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Filing 22
LETTER addressed to Judge Gregory H. Woods from Philip A. Byler dated 11/10/2020 re: Your Honor's Order Dated 11/4/2020 and in opposition to defendant's request for leave to make a motion to dismiss. Document filed by John Doe..(Byler, Philip)
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Filing 21
ORDER. Defendant's request for a pre-motion conference is granted. The Court will hold a teleconference regarding defendant's proposed motion to dismiss on November 13, 2020 at 1 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Filing 20
LETTER addressed to Judge Gregory H. Woods from Roberta A. Kaplan dated November 5, 2020 re: Motion to Dismiss. Document filed by Columbia University..(Kaplan, Roberta)
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Filing 19
ORDER. Defendant's request to exceed the three-page limit provided by Individual Rule of Practice 1(A) and instead file a letter of no more than five pages, Dkt No. 18, is granted. Plaintiff is permitted to file a letter in response of no more than five pages. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Filing 18
LETTER addressed to Judge Gregory H. Woods from Gabrielle E. Tenzer dated November 2, 2020 re: Pre-Motion Letter. Document filed by Columbia University..(Tenzer, Gabrielle)
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Filing 17
WAIVER OF SERVICE RETURNED EXECUTED. Columbia University waiver sent on 9/15/2020, answer due 11/16/2020. Document filed by John Doe..(Byler, Philip)
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Filing 16
ORDER. The conference scheduled for October 30, 2020 at 4:30 p.m. is adjourned to November 19, 2020 at 3:00 p.m. The Court believes that it will be most efficient to take up the issues raised in the parties' joint letter and proposed case management plan together with the anticipated pre-motion conference with respect to a potential motion to dismiss. Plaintiff's counsel is directed to file proof of service of the complaint. Given that proof of service has not been filed, the Court cannot ascertain the deadline for Defendant to answer or otherwise respond to the complaint. The Court requests that Defendant notify the Court of the date by which it anticipates it that will file its pre-motion letter. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Woods, Gregory)
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Filing 15
JOINT LETTER addressed to Judge Gregory H. Woods from Philip A. Byler dated October 23, 2020 re: Joint Letter in advance of Initial Pretrial Conference. Document filed by Columbia University..(Tenzer, Gabrielle)
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Filing 14
COMPLAINT against Columbia University. Document filed by John Doe..(Byler, Philip)
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Filing 13
STIPULATION AND ORDER REGARDING PSEUDONYMIZATION OF PLAINTIFF AND NON-PARTY COMPLAINANTS: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the parties in this action that: (1) The fully pseudonymized copy of the Complaint attached hereto as Exhibit A should be publicly filed on the docket; and (2) The pseudonyms used in the Complaint should be used in all other documents publicly filed with the Court in this case. (Signed by Judge Gregory H. Woods on 9/3/2020) (mro)
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Filing 12
JOINT LETTER addressed to Judge Gregory H. Woods from Gabrielle E. Tenzer dated September 2, 2020 re: Proposed Stipulation and Order on Pseudonymization. Document filed by Columbia University..(Tenzer, Gabrielle)
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Filing 11
PROPOSED STIPULATION AND ORDER. Document filed by Columbia University. (Attachments: #1 Exhibit A - Complaint with Agreed-Upon Pseudonymization).(Tenzer, Gabrielle)
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Filing 10
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Columbia University..(Tenzer, Gabrielle)
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Filing 9
NOTICE OF APPEARANCE by Gabrielle Tenzer on behalf of Columbia University..(Tenzer, Gabrielle)
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Filing 8
NOTICE OF APPEARANCE by Roberta Ann Kaplan on behalf of Columbia University..(Kaplan, Roberta)
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Filing 7
MEMORANDUM OF LAW re: #5 Order,, . Document filed by John Doe. (Attachments: #1 Affidavit Declaration of Philip A. Byler, Esq. in Support of Plaintiff's Response to the Court's Order to Show Cause for According Pseudonym Treatment).(Byler, Philip)
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Filing 6
ORDER, 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. Defendant must file a motion in support of any redactions no later than September 4, 2020. If there are areas of disagreement, Plaintiff must respond no later than September 11, 2020. There will be no replies. The parties' submissions must not exceed 15 pages. Both parties' briefs must address whether and why redactions to the Complaint are appropriate, in light of the presumption of public 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 compliance with the Court's Individual Rules of Practice in Civil Cases. The Court understands that Plaintiff does not object to the hyperlink remaining deactivated until the Court has ruled on any proposed redactions. But if Plaintiff objects to the hyperlink to the Complaint remaining deactivated pending the resolution of Defendant's motion, he may submit a letter on ECF explaining the basis for his objection SO ORDERED. ( Motions due by 9/4/2020., Responses due by 9/11/2020) (Signed by Judge Gregory H. Woods on 8/27/20) (yv)
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Filing 5
ORDER: The Court does not have adequate information at this stage to determine if Plaintiff should be permitted to proceed pseudonymously in this case. So Plaintiff is ORDERED to show cause no later than September 1, 2020 why he should be allowed to proceed pseudonymously. If Defendants oppose Plaintiff's attempt to proceed pseudonymously, their opposition is due one week after service of Plaintiff's response to this order. Plaintiff's reply, if any, is due three days following service of Defendants' opposition. Counsel for Plaintiff is directed to serve a copy of this order on Defendants and to retain proof of service. And as set forth herein. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/24/2020) (ama)
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Filing 4
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties participate in an initial pretrial conference with the Court at the time listed below. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Any open legal issues can be addressed at the conference. DUE DATE OF JOINT LETTER and PROPOSED CASE MANAGEMENT PLAN: October 23, 2020. DATE AND TIME OF CONFERENCE: October 30, 2020 at 4:30 p.m. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. And as set forth herein. SO ORDERED., ( Telephone Conference set for 10/30/2020 at 04:30 PM before Judge Gregory H. Woods.) Initial Conference set for 10/30/2020 at 04:30 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 8/24/2020) (ama)
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Filing 3
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against John Doe. Document filed by John Doe.(Miltenberg, Andrew) Modified on 8/24/2020 (sj).
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Civil Case Opening Fee Paid electronically via Pay.gov: for #3 Complaint. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-21275772, paid on 8/21/2020. (sj)
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***DELETED DOCUMENT. Deleted document number 1 Complaint. The document was incorrectly filed in this case. PDF was for USDC of Massachusetts. (sj)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Philip Arwood Byler. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(sj)
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Magistrate Judge James L. Cott 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. (sj)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Philip Arwood Byler to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Civil Cover Sheet not signed;. 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. (sj)
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Case Designated ECF. (sj)
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Filing 2
FILING ERROR - DEFICIENT CIVIL COVER SHEET - SIGNATURE ERROR - CIVIL COVER SHEET filed.(Byler, Philip) Modified on 8/24/2020 (sj).
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| Defendant: Columbia University | |
| Represented By: | Roberta Ann Kaplan |
| Represented By: | Gabrielle Tenzer |
| Represented By: | Marcella Coburn |
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| Plaintiff: John Doe | |
| Represented By: | Philip Arwood Byler |
| Represented By: | Andrew Todd Miltenberg |
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