Doe v. Vassar College
| John Doe |
| Vassar College |
| 7:2019cv09601 |
| October 17, 2019 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Civil Rights: Education |
| 20 U.S.C. § 1681 |
| Plaintiff |
Docket Report
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Filing 21
STIPULATION OF VOLUNTARY DISCONTINUANCE: IT IS HEREBY STIPULATED by and between the attorneys for the parties in the above-referenced matter that the Order to Show Cause Is hereby withdrawn in its entirety and the action and all claims asserted therein are hereby voluntarily discontinued with prejudice. All parties shall bear their own costs and fees. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 12/6/2019) (ks)
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| Filing 20 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Vassar College and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by John Doe. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Fleming, William) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #20 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Nelson Stephen Roman for approval for the following reason(s): the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii). (tp) |
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Filing 19
OPINION AND ORDER re: #4 MOTION for Order to Show Cause . MOTION for Temporary Restraining Order filed by John Doe. In light of the foregoing, Plaintiff's application for a preliminary injunction is DENIED. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 4. This constitutes the Opinion and Order of the Court. (Signed by Judge Nelson Stephen Roman on 11/21/2019) (rro)
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| Filing 18 FIRST AMENDED COMPLAINT amending #1 Complaint against Vassar College with JURY DEMAND.Document filed by John Doe. Related document: #1 Complaint.(Fleming, William) |
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Filing 17
OPINION & ORDER re: #6 MOTION for Confidentiality to Proceed under Pseudonym and to Redact. filed by John Doe. For all the reasons given, the motion is GRANTED. Plaintiff is permitted to proceed under the pseudonym of "John Doe," the alleged victim in this proceeding shall be identified as "Jane Doe," and the parties are granted leave of Court to redact the names of Plaintiff and the victim from documentary evidence submitted in this action. The Clerk of the Court is respectfully requested to terminate the instant motion, Docket No. 6. This constitutes the Court's Opinion and Order. (Signed by Judge Nelson Stephen Roman on 11/13/2019) (rj)
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| Minute Entry for proceedings held before Judge Nelson Stephen Roman: Show Cause Hearing for Preliminary Injunction held on 11/6/2019. Plaintiffs and Defendants counsel present. Court reporter is Darby Ginsberg. Oral argument held. The Court reserves decision on the preliminary injunction. Plaintiff granted leave to file an amended complaint on or before November 18, 2019. Defendant granted leave to file motion to dismiss with following briefing schedule: moving papers shall be served not filed December 20, 2019; opposition papers shall be served not filed January 20, 2020; and reply papers shall be served February 5, 2020. The parties are directed to file all motion documents on the reply date, February 5, 2020, and to provide 2 copies of their respective motion documents to chambers on the dates the documents are served upon their adversary. If Defendant decides to file its answer, it must do so on or before December 20, 2019. ( Amended Pleadings due by 11/18/2019., Motions due by 12/20/2019., Replies due by 2/5/2020., Responses due by 1/20/2020). (Court Reporter Darby Ginsberg) (gs) |
| Filing 16 MEMO ENDORSEMENT on re: #14 Letter filed by Vassar College. ENDORSEMENT: Pre-Motion Conf. will also be held on Nov. 6, 2019 at 11:00 am. Plaintiff to state position in writing (not to exceed 3 pages) by Nov. 5, 2019. ( Pre-Motion Conference set for 11/6/2019 at 11:00 AM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 11/1/2019) (mro) (Main Document 16 replaced on 12/9/2019) (mro). |
| Filing 15 FIRST REPLY MEMORANDUM OF LAW in Support re: #4 MOTION for Order to Show Cause . MOTION for Temporary Restraining Order . . Document filed by John Doe. (Attachments: #1 Affidavit John Doe Affidavit in Support of Reply Memorandum of Law)(Fleming, William) |
| Filing 14 LETTER addressed to Judge Nelson Stephen Roman from Howard M. Miller dated 11/1/19 re: Request for a Pre-Motion Conference to be included on the 11/6 court appearance. Document filed by Vassar College.(Miller, Howard) |
| Filing 13 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from William B. Fleming dated 10/31/2019 re: Request permission to file a reply memorandum in excess of 10 pages in reply to Defendant's 26 page opposition brief. ENDORSEMENT: The application is granted. Page limit extended to 12 pages total. (Signed by Judge Nelson Stephen Roman on 10/31/2019) (rj) |
| Filing 12 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Monica C. Barrett dated 10/29/2019 re: Request that the hearing scheduled for November 6, 2019 at 3:00 pm be rescheduled for a time earlier on that same day. ENDORSEMENT: Show Cause Hearing for Preliminary Injunction scheduled for November 6, 2019 is advanced from 3:00 pm to 11:00 am., Show Cause Hearing set for 11/6/2019 at 11:00 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 10/30/2019) (rj) |
| Filing 11 NOTICE OF APPEARANCE by Howard M Miller on behalf of Vassar College. (Miller, Howard) |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #11 Notice of Appearance) - NOTICE OF APPEARANCE by Monica Carol Barrett on behalf of Vassar College. (Barrett, Monica) Modified on 10/30/2019 (db). |
| Filing 9 NOTICE OF APPEARANCE by Monica Carol Barrett on behalf of Vassar College. (Barrett, Monica) |
| Filing 8 FIRST MEMORANDUM OF LAW in Opposition re: #4 MOTION for Order to Show Cause . MOTION for Temporary Restraining Order . . Document filed by Vassar College. (Attachments: #1 Affirmation of Monica C. Barrett, Esq. w/ accompanying Exhibits 1 - 4, #2 Affirmation of Monica C. Barrett, Esq. Exhibit 5, #3 Affirmation of Monica C. Barrett, Esq. Exhibit 6-14, #4 Affidavit of Rachel Pereira)(Miller, Howard) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Vassar College. (dnh) |
| Filing 6 MOTION for Confidentiality to Proceed under Pseudonym and to Redact. Document filed by John Doe. (Attachments: #1 Memorandum of Law in Support of Pseudonym and to Redact)(Fleming, William) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Vassar College, re: #1 Complaint. Document filed by John Doe. (Fleming, William) |
| Filing 4 MOTION for Order to Show Cause ., MOTION for Temporary Restraining Order . Document filed by John Doe. (Attachments: #1 Memorandum of Law, #2 Affirmation of William B. Fleming, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13)(Fleming, William) |
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Filing 3
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION: Defendant shall show cause as to why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the Defendant during the pendency of this action from enforcing its sanction of suspension against Plaintiff and preventing Plaintiff from being on campus and participating fully in all student activities; and it is further ORDERED that any papers in response are due on 10/28/2019, and any reply papers are due 11/1/2019; and it is further ORDERED that personal service of a copy of this order and supporting papers upon the defendant or his counsel on or before 5:00p.m. on 10/18/2019, shall be deemed good and sufficient service thereof. Having reviewed the papers in support of this application, the Court has concluded that a temporary restraining order is not warranted, for the following reasons: (1) plaintiff has had a hearing for the purpose of adjudicating a disciplinary complaint against him, the result of which was that plaintiff was found to have committed a violation of college regulations regarding sexual harassment and sexual misconduct; (2) plaintiff appealed that adverse adjudication on substantially the same grounds asserted in the instant application, and the adjudication was affirmed; and (3) the punishment imposed was suspension for one semester which, on the record before the Court at this time, would not appear to prevent plaintiff from obtaining a college degree or playing professional soccer and therefore does not appear to constitute irreparable harm. However, the motion for a preliminary injunction remains pending and will be resolved in due course. The dates for filing responsive and reply papers, and the 11/6/2019 hearing date are subject to revision by the District Judge to whom this case is assigned, if it someone other than Judge Briccetti. SO ORDERED. Show Cause Hearing set for 11/6/2019 at 03:00 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. Show Cause Response due by 10/28/2019. (Signed by Judge Vincent L. Briccetti on 10/17/2019) (mml)
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| Filing 2 CIVIL COVER SHEET filed. (Fleming, William) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney William Fleming. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney William Fleming. The following case opening statistical information was erroneously selected/entered: Office code Foley Square; County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Office code has been modified to White Plains; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (jgo) |
| Case Designated ECF. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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 Judith C. McCarthy 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) |
| Filing 1 COMPLAINT against Vassar College. (Filing Fee $ 400.00, Receipt Number ANYSDC-17788940)Document filed by John Doe.(Fleming, William) |
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| Defendant: Vassar College | |
| Represented By: | Monica Carol Barrett |
| Represented By: | Howard M Miller |
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| Plaintiff: John Doe | |
| Represented By: | William Fleming |
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