John Doe v. New York University
Plaintiff: John Doe
Defendant: New York University
Case Number: 1:2023cv10515
Filed: December 1, 2023
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Vernon S Broderick
Referring Judge: Sarah Netburn
Nature of Suit: Civil Rights: Education
Cause of Action: 42 U.S.C. ยง 2000 d Federally Assisted Programs
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 29, 2024 Filing 44 DECLARATION of Gabrielle E. Tenzer in Support re: #42 MOTION to Dismiss the Complaint.. Document filed by New York University. (Attachments: #1 Exhibit A - Transcript of January 10, 2024 conference).(Tenzer, Gabrielle)
January 29, 2024 Filing 43 MEMORANDUM OF LAW in Support re: #42 MOTION to Dismiss the Complaint. . Document filed by New York University..(Kaplan, Roberta)
January 29, 2024 Filing 42 MOTION to Dismiss the Complaint. Document filed by New York University..(Kaplan, Roberta)
January 26, 2024 Opinion or Order Filing 41 ORDER granting #39 Motion to Withdraw as Attorney. Attorney Raymond P. Tolentino terminated. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
January 26, 2024 Filing 40 DECLARATION of Raymond P. Tolentino in Support re: #39 MOTION for Raymond P. Tolentino to Withdraw as Attorney .. Document filed by New York University..(Tolentino, Raymond)
January 26, 2024 Filing 39 MOTION for Raymond P. Tolentino to Withdraw as Attorney . Document filed by New York University..(Tolentino, Raymond)
January 26, 2024 Opinion or Order Filing 38 ORDER granting #37 Letter Motion to Expedite. The parties' joint request to modify the motion to dismiss briefing schedule is GRANTED. The Court adopts the proposed deadlines. Additionally, Plaintiff filed a motion for class certification. The parties shall meet and confer on proposed briefing schedules for that motion. In the alternative, Defendant shall file its opposition brief by February 20, 2024. Plaintiff shall file his reply, if any, by March 1, 2024. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
January 25, 2024 Filing 37 JOINT LETTER MOTION to Expedite Briefing Schedule on Defendant's Motion to Dismiss addressed to Magistrate Judge Sarah Netburn from Roberta A. Kaplan dated January 25, 2024. Document filed by New York University..(Kaplan, Roberta)
January 24, 2024 Filing 36 MOTION to Certify Class . Document filed by John Doe. Responses due by 2/7/2024 (Attachments: #1 Exhibit Memorandum of Law, #2 Proposed Order Proposed Order).(Mills, Christopher)
January 16, 2024 Filing 35 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/10/2024 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)
January 16, 2024 Filing 34 TRANSCRIPT of Proceedings re: CONFERNECE held on 1/10/2024 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Sharonda Jones, (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 2/6/2024. Redacted Transcript Deadline set for 2/16/2024. Release of Transcript Restriction set for 4/15/2024..(McGuirk, Kelly)
January 10, 2024 Filing 33 Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Discovery Hearing held on 1/10/2024. See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (Court Reporter Present). (dsh)
January 10, 2024 Opinion or Order Filing 32 ORDER denying without prejudice #25 Letter Motion to Expedite. For the reasons stated on the record, Plaintiff's motion for expedited discovery is DENIED without prejudice. The Clerk of Court shall terminate the motion at ECF No. 25. Once the NYU Law Review has issued its operative criteria for selection to the Law Review, the parties may meet and confer to discuss whether limited and targeted discovery in aid of an anticipated motion for preliminary injunctive relief is appropriate. If the parties cannot reach agreement, Plaintiff may renew his application at the appropriate time. Any renewed application should include the precise discovery requests that Plaintiff seeks to serve. The parties are further encouraged to meet and confer on whether to consent to my jurisdiction for all purposes or for a limited purpose of resolving the motion to dismiss. 28 U.S.C. 636(c). The parties may also agree to modify the briefing schedule for the motion to dismiss. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 1/10/2024) (mml)
January 9, 2024 Opinion or Order Filing 31 ORDER denying in part #29 Letter Motion to Appear Remotely. It is the Court's view that an in-person appearance will be more productive and will allow for a clearer record of the proceedings. In light of the potential for travel delays, the Court will delay the conference to 3:30 p.m. on Wednesday, January 10. In the alternative, the Court can adjourn the conference to 9:45 a.m. on Thursday, January 11. If If Plaintiff's counsel still seeks an accommodation to appear remotely, counsel shall file a renewed letter. Unless the Court hears otherwise - by joint letter from all parties - the conference will proceed at 3:30 p.m. on Wednesday, January 10, in Courtroom 219. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
January 9, 2024 Filing 30 LETTER addressed to Magistrate Judge Sarah Netburn from Roberta A. Kaplan dated January 9, 2024 re: Plaintiff's request for virtual option for conference. Document filed by New York University..(Kaplan, Roberta)
January 9, 2024 Filing 29 LETTER MOTION for Oral Argument to be Permitted Virtually addressed to Magistrate Judge Sarah Netburn from Christopher Mills dated Jan. 9, 2024. Document filed by John Doe..(Mills, Christopher)
January 9, 2024 Set/Reset Hearings: Discovery Hearing set for 1/10/2024 at 03:30 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. (dsh)
January 8, 2024 Filing 28 MEMORANDUM OF LAW in Opposition re: #25 SECOND MOTION to Expedite Discovery. . Document filed by New York University..(Kaplan, Roberta)
December 29, 2023 Opinion or Order Filing 27 MEMO ENDORSEMENT on re: #26 Letter, filed by New York University. ENDORSEMENT: The Court believes the January 10, 2024 conference would be more productive having received in advance Defendant's response to Plaintiff's motion for expedited discovery. Accordingly, Defendant shall file its opposition by January 8, 2024, SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 12/28/2023) (dsh)
December 27, 2023 Filing 26 LETTER addressed to Magistrate Judge Sarah Netburn from Roberta A. Kaplan dated December 27, 2023 re: Seeking Clarification Regarding Briefing on Plaintiff's Renewed Motion for Expedited Discovery. Document filed by New York University..(Kaplan, Roberta)
December 26, 2023 Set/Reset Hearings: Discovery Hearing set for 1/10/2024 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. (dsh)
December 22, 2023 Filing 25 SECOND MOTION to Expedite Discovery. Document filed by John Doe. (Attachments: #1 Supplement Memorandum of Law, #2 Proposed Order to Expedite Discovery).(Mills, Christopher)
December 22, 2023 Opinion or Order Filing 24 ORDER granting #20 Letter Motion for Extension of Time. Defendant's unopposed request to extend the deadline to respond to Plaintiff's complaint is GRANTED. Defendant shall file its motion to dismiss by January 29, 2024, Plaintiff shall file his opposition by February 29, 2024, and Defendant shall file its reply by March 21, 2024. Separately, the parties shall appear on Wednesday, January 10, 2024, at 10:00 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, NY. The purpose of this conference is to address Plaintiff's request for expedited discovery. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
December 22, 2023 Filing 23 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Christopher Mills dated Dec. 22, 2023 re: #20 LETTER MOTION for Extension of Time for Defendant to move to dismiss the complaint and request to defer ruling on expedited discovery addressed to Magistrate Judge Sarah Netburn from Roberta A. Kaplan dated December 21, 2023. Supplemental. Document filed by John Doe..(Mills, Christopher)
December 22, 2023 Filing 22 LETTER addressed to Magistrate Judge Sarah Netburn from Raymond P. Tolentino dated December 22, 2023 re: Reply in Support of Dkt 20 LETTER MOTION for Extension of Time for Defendant to move to dismiss the complaint and request to defer ruling on expedited discovery. Document filed by New York University..(Tolentino, Raymond)
December 22, 2023 Filing 21 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Christopher Mills dated Dec. 22, 2023 re: #20 LETTER MOTION for Extension of Time for Defendant to move to dismiss the complaint and request to defer ruling on expedited discovery addressed to Magistrate Judge Sarah Netburn from Roberta A. Kaplan dated December 21, 2023. . Document filed by John Doe..(Mills, Christopher)
December 21, 2023 Filing 20 LETTER MOTION for Extension of Time for Defendant to move to dismiss the complaint and request to defer ruling on expedited discovery addressed to Magistrate Judge Sarah Netburn from Roberta A. Kaplan dated December 21, 2023. Document filed by New York University..(Kaplan, Roberta)
December 21, 2023 Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York University..(Kaplan, Roberta)
December 21, 2023 Filing 18 NOTICE OF APPEARANCE by Amit Jain on behalf of New York University..(Jain, Amit)
December 21, 2023 Filing 17 NOTICE OF APPEARANCE by Raymond P. Tolentino on behalf of New York University..(Tolentino, Raymond)
December 21, 2023 Filing 16 NOTICE OF APPEARANCE by Gabrielle Tenzer on behalf of New York University..(Tenzer, Gabrielle)
December 21, 2023 Filing 15 NOTICE OF APPEARANCE by Roberta Ann Kaplan on behalf of New York University..(Kaplan, Roberta)
December 19, 2023 Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint. John Doe served on 12/8/2023, answer due 12/29/2023. Service was accepted by Christina Duncker. Document filed by John Doe..(Berutti, Ronald)
December 7, 2023 Opinion or Order Filing 13 ORDER denying without prejudice #10 Letter Motion to Expedite Discovery. Plaintiff's motion to expedite discovery is filed before Plaintiff has even served Defendant. Accordingly, it is denied as premature. Plaintiff may renew this motion after Defendant has appeared. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
December 7, 2023 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Ronald A. Berutti for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #2 Civil Cover Sheet, #1 Complaint to: caseopenings@nysd.uscourts.gov. (pc)
December 6, 2023 Opinion or Order Filing 12 ORDER granting #7 Motion for Christopher E. Mills to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (al)
December 5, 2023 Opinion or Order Filing 11 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah Netburn. SO ORDERED. Motions referred to Sarah Netburn. (Signed by Judge Vernon S. Broderick on 12/5/2023) (jca)
December 5, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Christopher E. Mills to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28642743. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)
December 4, 2023 Filing 10 FIRST MOTION to Expedite Discovery Pursuant to F.R.C.P. 26(d)(1). Document filed by John Doe. (Attachments: #1 Supplement Memorandum of Law, #2 Proposed Order to Expedite Discovery).(Berutti, Ronald)
December 4, 2023 Filing 9 ELECTRONIC SUMMONS ISSUED as to New York University. (vf)
December 4, 2023 Opinion or Order Filing 8 ORDER granting #6 Motion for Jonathan Franklin Mitchell to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (al)
December 4, 2023 Filing 7 MOTION for Christopher E. Mills to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28642743. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Doe. (Attachments: #1 Affidavit Affidavit of Christopher E. Mills, #2 Exhibit South Carolina Certificate of Good Standing, #3 Exhibit District of Columbia Certificate of Good Standing, #4 Proposed Order Proposed Order).(Mills, Christopher)
December 3, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Jonathan Franklin Mitchell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28642004. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)
December 2, 2023 Filing 6 MOTION for Jonathan Franklin Mitchell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28642004. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Doe. (Attachments: #1 Affidavit Pro Hac Vice Admission Affidavit, #2 Exhibit Texas Certificate of Good Standing, #3 Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice).(Mitchell, Jonathan)
December 1, 2023 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to New York University, re: #1 Complaint. Document filed by John Doe..(Berutti, Ronald)
December 1, 2023 Filing 4 DOCUMENTS TO BE SEALED (Signed by Judge Victor Marrero on 11/21/2023) (pc)
December 1, 2023 Filing 3 SEALED DOCUMENT placed in vault..(jus)
December 1, 2023 Filing 2 CIVIL COVER SHEET filed..(pc) (pc).
December 1, 2023 Filing 1 COMPLAINT against New York University. (Filing Fee $ 405.00, Receipt Number 23861)Document filed by John Doe..(pc) (pc).
December 1, 2023 Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. 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. (pc)
December 1, 2023 Case Designated ECF. (pc)
December 1, 2023 Opinion or Order ORDER REDACTING PLEADING FILED IN 23MC398. Document filed by John Doe..(pc)

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Plaintiff: John Doe
Represented By: Ronald A. Berutti
Represented By: Jonathan F. Mitchell
Represented By: Christopher Ernest Mills
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Defendant: New York University
Represented By: Roberta Ann Kaplan
Represented By: Amit Jain
Represented By: Gabrielle Tenzer
Represented By: Raymond P. Tolentino
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