Doe v. Yeshiva University et al
| JANE DOE |
| Yeshiva University, ANDREW "AVI" LAUER, ESQ., CHAIM NISSEL, Seyfarth Shaw, LLP, DOV KESSELMAN, ESQ., EMILY MILLER, ESQ. and Andrew Avi Lauer, Esq. |
| 1:2022cv05405 |
| June 27, 2022 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Civil Rights: Other |
| 20 U.S.C. § 1681 Title IX Educational Amendments 1992 - Sex Discrimination |
| Plaintiff |
Docket Report
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Filing 28
ORDER granting #27 Letter Motion for Extension of Time to Answer re #27 JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge P. Kevin Castel from David L. Barres dated August 16, 2022., #16 Amended Complaint,. Time for all defendants to answer or move is October 3, 2022. Conference is adjourned from September 12, 2022 to October 24, 2022 at 12:00 p.m. The conference will proceed telephonically. Dial-In No.: 1-888-363-4749, Access Code: 3667981. Andrew Avi Lauer, Esq. answer due 10/3/2022; Chaim Nissel answer due 10/3/2022; Dov Kesselman, Esq. answer due 10/3/2022; Emily Miller, Esq. answer due 10/3/2022; Seyfarth Shaw, LLP answer due 10/3/2022; Yeshiva University answer due 10/3/2022. (Signed by Judge P. Kevin Castel on 8/17/2022) (ate)
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Set/Reset Deadlines: ( Motions due by 10/3/2022.), Set/Reset Hearings:( Initial Conference set for 10/24/2022 at 12:00 PM before Judge P. Kevin Castel.) (ate)
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Filing 27
JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge P. Kevin Castel from David L. Barres dated August 16, 2022. Document filed by Dov Kesselman, Esq., Emily Miller, Esq., Seyfarth Shaw, LLP..(Barres, David)
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Filing 26
AFFIDAVIT OF SERVICE of Summons and Complaint, Amended Complaint,. Dov Kesselman, Esq. served on 8/4/2022, answer due 8/25/2022; Emily Miller, Esq. served on 8/4/2022, answer due 8/25/2022; Seyfarth Shaw, LLP served on 8/4/2022, answer due 8/25/2022. Service was accepted by Howard I. Elman, Esq.. Service was made by Mail. Document filed by Jane Doe..(Mulhearn, Kevin)
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Filing 25
AFFIDAVIT OF SERVICE of Summons and Complaint, Amended Complaint,. Yeshiva University served on 7/26/2022, answer due 8/16/2022. Service was accepted by Danielle C. Lesser, Esq.. Service was made by Mail. Document filed by Jane Doe..(Mulhearn, Kevin)
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Filing 24
NOTICE OF APPEARANCE by Kevin Thomas Mulhearn on behalf of Jane Doe..(Mulhearn, Kevin)
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Filing 23
NOTICE OF APPEARANCE by David Louis Barres on behalf of Dov Kesselman, Esq., Emily Miller, Esq., Seyfarth Shaw, LLP..(Barres, David)
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Filing 22
NOTICE OF APPEARANCE by Howard Ian Elman on behalf of Dov Kesselman, Esq., Emily Miller, Esq., Seyfarth Shaw, LLP..(Elman, Howard)
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Filing 21
ORDER INITIAL PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) SHALL IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES: Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, September 12, 2022 at 10:30 a.m. Principal trial counsel shall appear at this and all subsequent conferences. The call-in information for all teleconferences is: Dial-in: (888) 363-4749; Access Code: 3667981. And as set forth herein. SO ORDERED. Initial Conference set for 9/12/2022 at 10:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 7/19/2022) (ama)
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Filing 20
ELECTRONIC SUMMONS ISSUED as to Andrew Avi Lauer, Esq., Chaim Nissel, Dov Kesselman, Esq., Emily Miller, Esq., Seyfarth Shaw, LLP, Yeshiva University..(gp)
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Filing 19
REQUEST FOR ISSUANCE OF SUMMONS as to YESHIVA UNIVERSITY, ANDREW "AVI" LAUER, ESQ., CHAIM NISSEL, SEYFARTH SHAW, LLP, DOV KESSELMAN, ESQ., EMILY MILLER, ESQ., re: #3 Complaint, #16 Amended Complaint,. Document filed by Jane Doe..(Mulhearn, Kevin)
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Filing 18
MEMO ENDORSEMENT granting #11 Motion to Seal. ENDORSEMENT: Motion is provisionally granted. So Ordered. (Signed by Judge P. Kevin Castel on 7/13/2022) (tg)
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Filing 17
LETTER addressed to Judge P. Kevin Castel from Kevin T. Mulhearn, Esq. dated July 12, 2022 re: Court's June 28, 2022 Order re FRCP 8(a)(2). Document filed by Jane Doe..(Mulhearn, Kevin)
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Filing 16
***EX-PARTE*** AMENDED COMPLAINT amending #3 Complaint against Andrew Avi Lauer, Esq., Chaim Nissel, Dov Kesselman, Esq., Emily Miller, Esq., Seyfarth Shaw, LLP, Yeshiva University with JURY DEMAND.Document filed by Jane Doe. Related document: #3 Complaint. (Attachments: #1 Exhibit A, May 26, 2021 Letter from C. Nissel to Plaintiff, #2 Exhibit B, YU Non-Discrimination and Anti-Harassment Policy & Complaint Procedures)Motion or Order to File Under Seal: #8 .(Mulhearn, Kevin)
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Filing 15
DECLARATION of Kevin T. Mulhearn in Support re: #11 EX PARTE MOTION to Seal Amended Complaint and Supporting Affidavit of Plaintiff and for Leave for Plaintiff to Proceed Under a Pseudonym, dated July 12, 2022.. Document filed by Jane Doe. (Attachments: #1 Text of Proposed Order (NOTE: THIS DECLARATION CORRECTS A SCRIVENER'S ERROR in DOC. NO 14 AND SHOULD SUPERSEDE THAT DOCUMENT)).(Mulhearn, Kevin)
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Filing 14
DECLARATION of Kevin T. Mulhearn in Support re: #11 EX PARTE MOTION to Seal Amended Complaint and Supporting Affidavit of Plaintiff and for Leave for Plaintiff to Proceed Under a Pseudonym, dated July 12, 2022.. Document filed by Jane Doe..(Mulhearn, Kevin)
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Filing 13
***EX-PARTE***AFFIDAVIT of JANE DOE (IN HER REAL NAME) in Support re: #11 EX PARTE MOTION to Seal Amended Complaint and Supporting Affidavit of Plaintiff and for Leave for Plaintiff to Proceed Under a Pseudonym, dated July 12, 2022.. Document filed by Jane Doe. Motion or Order to File Under Seal: #11 .(Mulhearn, Kevin)
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Filing 12
MEMORANDUM OF LAW in Support re: #11 EX PARTE MOTION to Seal Amended Complaint and Supporting Affidavit of Plaintiff and for Leave for Plaintiff to Proceed Under a Pseudonym, dated July 12, 2022. Plaintiff's Memorandum of Law, dated July 12, 2022. Document filed by Jane Doe..(Mulhearn, Kevin)
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Filing 11
EX PARTE MOTION to Seal Amended Complaint and Supporting Affidavit of Plaintiff and for Leave for Plaintiff to Proceed Under a Pseudonym, dated July 12, 2022. Document filed by Jane Doe..(Mulhearn, Kevin)
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Filing 10
ORDER denying #9 Letter Motion for Leave to File Document. Application DENIED. The Court does not render advisory opinions. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/12/2022) (vfr)
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Filing 9
EX PARTE LETTER MOTION for Leave to File Amended Complaint & Motion to Proceed by Pseudonym by July 15, 2022 addressed to Judge P. Kevin Castel from Kevin T. Mulhearn, Esq. dated July 11, 2022. Document filed by Jane Doe..(Mulhearn, Kevin)
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Filing 8
ORDER: Let the plaintiff show cause in writing by July 12, 2022 why the complaint ought not be dismissed with leave to replead for failure to comply with Rule 8(a)(2). Separately, plaintiff filed her complaint using a pseudonym without first seeking leave to do so. The proper procedure is to file the complaint naming the plaintiff under seal (SDNY Electronic Case Filing Rules & Instructions at 6.14) with a motion to proceed by pseudonym. See Rule 10(a)("The title of the complaint must name all the parties....") See, e.g. Doe v. City of New York, 201 F.R.D. 100, 100 (S.D.N.Y. 2001). Plaintiff shall correct this deficiency by July 12, 2022. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/28/2022) (mml)
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Filing 7
FILING ERROR - SUMMONS REQUEST FILING ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to YESHIVA UNIVERSITY, ANDREW "AVI" LAUER, ESQ., CHAIM NISSEL, SEYFARTH SHAW, LLP, DOV KESSELMAN, ESQ., EMILY MILLER, ESQ., re: #5 Complaint,,. Document filed by Jane Doe..(Mulhearn, Kevin) Modified on 6/30/2022 (jgo).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kevin Thomas Mulhearn to RE-FILE Document No. #6 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party name on summons caption contains a typographical error. 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. (lal)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kevin Thomas Mulhearn to RE-FILE Document No. #5 Complaint. The filing is deficient for the following reason(s): the Complaint at Doc. 3 has alreading been accepted by the Court. If making modifications, an Amended Complaint must be filed. 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. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kevin Thomas Mulhearn to RE-FILE Document No. #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): summons request is linked to a pleading that has not been accepted by the Court;. 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)
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Filing 6
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to YESHIVA UNIVERSITY, ANDREW "AVI" LAUER, ESQ., CHAIM NISSEL, SEYFARTH SHAW, LLP, DOV KESSELMAN, ESQ., EMILY MILLER, ESQ., re: #5 Complaint,,. Document filed by Jane Doe..(Mulhearn, Kevin) Modified on 6/30/2022 (lal).
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Filing 5
FILING ERROR DEFICIENT PLEADING - FILING ERROR - COMPLAINT against Andrew Avi Lauer, Esq., Chaim Nissel, Dov Kesselman, Esq., Emily Miller, Esq., Seyfarth Shaw, LLP, Yeshiva University. Document filed by Jane Doe. (Attachments: #1 Exhibit A, May 26, 2021 Letter from C. Nissel to Plaintiff, #2 Exhibit B, YU Non-Discrimination and Anti-Harassment Policy & Complaint Procedures, #3 Exhibit C, YU Student Bill of Rights, #4 Exhibit D, YU Anti-Bullying & Hazing Policy for Students, #5 Exhibit E, YU Policy on Protecting Athletes, #6 Exhibit F, YU Undergraduate Student Bill of Rights and Responsibilities & Undergraduate Student Disciplinary Procedures, #7 Exhibit G, Non-Disclosure Agreement, dated April 29, 2021).(Mulhearn, Kevin) Modified on 6/30/2022 (jgo).
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Filing 4
CIVIL COVER SHEET filed.(Mulhearn, Kevin) Modified on 6/28/2022 (vf). Modified on 6/29/2022 (vf).
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Filing 3
COMPLAINT against Andrew Avi Lauer, Esq., Chaim Nissel, Dov Kesselman, Esq., Emily Miller, Esq., Seyfarth Shaw, LLP, Yeshiva University. Document filed by Jane Doe..(Mulhearn, Kevin)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Kevin Thomas Mulhearn. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kevin Thomas Mulhearn to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type 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. (vf)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kevin Thomas Mulhearn. The party information for the following party/parties has been modified: JANE DOE, CHAIM NISSEL, DOV KESSELMAN, ESQ., EMILY MILLER, ESQ, ANDREW "AVI" LAUER, ESQ. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (vf)
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Case Designated ECF. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kevin Thomas Mulhearn to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): the date field on the official A.O. Summons form was completed by the attorney. 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. (vf)
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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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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..(vf)
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Filing 2
FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to YESHIVA UNIVERSITY, ANDREW "AVI" LAUER, ESQ., CHAIM NISSEL, SEYFARTH SHAW, LLP, DOV KESSELMAN, ESQ., EMILY MILLER, ESQ., re: #1 Complaint,,. Document filed by JANE DOE..(Mulhearn, Kevin) Modified on 6/28/2022 (vf).
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Filing 1
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against JANE DOE. (Filing Fee $ 402.00, Receipt Number ANYSDC-26332621)Document filed by JANE DOE. (Attachments: #1 Civil Cover Sheet dated June 27, 2022, #2 Exhibit A, May 26, 2021 Letter, #3 Exhibit B, YU Non-Discrimination and Anti-Harassment Policy & Complaint Procedures, #4 Exhibit C, YU Student Bill of Rights, #5 Exhibit D, YU Anti-Bullying Policy, #6 Exhibit E, YU Policy on Protecting Athletes, #7 Exhibit F, YU Undergraduate Student Bill of Rights and Responsibilities, #8 Exhibit G,Non-Disclosure Agreement, April 29, 2021).(Mulhearn, Kevin) Modified on 6/28/2022 (vf).
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