DOE v. WAKE FOREST UNIVERSITY
| JOHN DOE |
| WAKE FOREST UNIVERSITY |
| 1:2023cv00114 |
| February 7, 2023 |
| US District Court for the Middle District of North Carolina |
| KENNETH D BELL |
| CATHERINE C EAGLES |
| SUSAN C RODRIGUEZ |
| JOE L WEBSTER |
| Civil Rights: Education |
| 28 U.S.C. § 1331 Fed. Question: Civil Rights Violation |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 5, 2023. A more recent docket listing may be available from PACER.
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Filing 38
DESIGNATION OF MAGISTRATE JUDGE FOR SERVICE IN ANOTHER DISTRICT. Due to the Honorable David S. Cayer's retirement, United States Magistrate Judge Susan C. Rodriguez is hereby designated to hold court and perform any and all judicial duties designated under 28 U.S.C. 636(f), subsections (a), (b), or (c) in the Middle District of North Carolina on an as needed basis during the pendency of the above captioned case. Signed by CHIEF JUDGE THOMAS D. SCHROEDER on 4/5/2023. (Powell, Gloria).
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Case Reassigned to MAGISTRATE JUDGE SUSAN C. RODRIGUEZ. RETIRED MAGISTRATE JUDGE DAVID S. CAYER no longer assigned to the case. (Powell, Gloria)
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Filing 37
RESPONSE in Opposition re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Wake Forest University's Motion to Dismiss the Complaint filed by WAKE FOREST UNIVERSITY Memorandum of Law in Partial Opposition to Defendant's Motion to Dismiss the Complaint filed by JOHN DOE. Replies due by 4/14/2023 (DAVIS, TARA)
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Filing 36
MOTION for Extension of Time to File Response/Reply as to #33 Order,,,, by WAKE FOREST UNIVERSITY. (Attachments: #1 Text of Proposed Order)(SAMPSON, DOUGLAS)
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TEXT ORDER granting #36 Motion for Extension of Time to File Reply filed by Wake Forest. The new reply date will be April 12, 2023. Reply due 4/12/2023. (Issued by JUDGE KENNETH D. BELL on 3/31/2023). (Powell, Gloria)
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Filing 35
PRETRIAL ORDER AND CASE MANAGEMENT PLAN signed by JUDGE KENNETH D. BELL on 03/27/2023, completion of fact discovery 06/30/2023, close of Expert discovery 08/18/2023, Mediation due 07/14/2023, Designation of Mediator 05/01/2023, Dispositive motions due 07/24/2023, Trial Term 10/23/2023 (ETT 5 days). (Bowers, Alexis) Modified on 4/3/2023 to correct errors. (Bowers, Alexis).
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Set Scheduling Order Deadlines: Discovery due by 8/18/2023. Dispositive Motions due by 7/24/2023. (Bowers, Alexis)
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Filing 34
JOINT MOTIONfor Entry of Stipulated Scheduling Order by WAKE FOREST UNIVERSITY. (Attachments: #1 Proposed Scheduling Order)(SAMPSON, DOUGLAS)
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Filing 33
ORDER signed by JUDGE KENNETH D. BELL on 03/17/2023, is before the Court related to Defendant's Motion to Dismiss for Failure to State a Claim (Doc. No. #31 ). As stated in its March 1, 2023, Order (Doc. No. #30 ), the Court has initially reviewed Defendant's Motion and determined that Plaintiff should be required to file a partial response to the Motion on or before March 31, 2023. Specifically, Plaintiff is directed to respond to Defendant's motion to dismiss Plaintiff's claim for Breach of Contract, but not Plaintiff's Title IX claim. Defendant's motion to dismiss the Title IX claim will be denied for the reasons previously stated in Doc. Nos. #25 , #27 and the February 17, 2023, hearing, and which will yet again be briefly summarized in the Court's future ruling on the present Motion. All other provisions of the Court's March 1, 2023, Order including the scheduled start of discovery remain in full effect without regard to the partial pendency of the Motion to Dismiss ordered above. (Bowers, Alexis)
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Filing 32
MEMORANDUM filed by Defendant WAKE FOREST UNIVERSITY re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Wake Forest University's Motion to Dismiss the Complaint filed by WAKE FOREST UNIVERSITY. (Attachments: #1 Exhibit A, #2 Exhibit B)(SAMPSON, DOUGLAS)
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Filing 31
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Wake Forest University's Motion to Dismiss the Complaint by WAKE FOREST UNIVERSITY. Response to Motion due by 4/6/2023 (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss, #2 Text of Proposed Order, #3 Exhibit A, #4 Exhibit B)(SAMPSON, DOUGLAS)
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Filing 30
ORDER signed by JUDGE KENNETH D. BELL on 03/01/2023, On or before March 17, 2023, Defendant shall file an answer to the Complaint; If the Defendant chooses to do so, it may also file a motion in response to the Complaint on or before March 17, 2023. In the event such a motion is filed, the Court will determine if Plaintiff is required to file a response and, if so, set a response time of no less than 14 days from the date of the Court's order. Defendant will be entitled to file a reply within 7 days of any response; On or before March 22, 2023, the parties shall hold an Initial Attorneys' Conference under Rule 16 of the Federal Rules of Civil Procedure (see also Local Rules 16.1 of the MDNC and WDNC) and file with the Court a proposed case management schedule that sets the potential trial in this matter to be held no later than December 2023. The parties can expect that the Court will generally use the form of its standard Case Management Order, which can be found on the website of the United States District Court for the Western District of North Carolina (Tab Judges' Info / sub tab Judges Orders); and For the avoidance of doubt and notwithstanding the absence of a Case Management Order, which will be entered shortly following the filing of the parties' proposed schedule, the parties may serve discovery beginning March 22, 2023 (or earlier upon the parties' agreement). (Bowers, Alexis)
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Set Deadlines: WAKE FOREST UNIVERSITY answer due 3/17/2023. (Bowers, Alexis)
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Filing 29
Transcript of Proceedings held on 02/17/2023, before Judge Honorable Kenneth D. Bell. Court Reporter/Transcriber Deborah Cohen-Rojas, Telephone number (704) 350-7497. 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. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 3/24/2023. Redacted Transcript Deadline set for 4/3/2023. Release of Transcript Restriction set for 6/2/2023. (Bowers, Alexis)
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Filing 28
JOINT STATUS REPORT and Stipulated Proposed Schedule filed by all parties.. (SAMPSON, DOUGLAS)
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Filing 27
MEMORANDUM OPINION AND ORDER signed by JUDGE KENNETH D. BELL on 02/27/2023, The Court's Order denying Plaintiff's Motion (Doc. Nos. #5 , #25 ) is confirmed. (Bowers, Alexis)
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Filing 26
DECLARATION of John Doe filed by Plaintiff JOHN DOE re #5 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue (submitted in open court at the February 17, 2023, hearing on the Plaintiff's Motion for TRO (ECF No. 5)) filed by JOHN DOE. (EKSTRAND, ROBERT)
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Filing 25
ORDER signed by JUDGE KENNETH D. BELL on 02/17/2023, that Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction, Doc. No. #5 , is DENIED. (Bowers, Alexis)
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Filing 24
NOTICE of Attorney Appearance by attorney MARK A. JONES on behalf of Defendant WAKE FOREST UNIVERSITY (JONES, MARK)
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Minute Entry for proceedings held before JUDGE KENNETH D. BELL: Hearing held on 2/17/2023 re #5 Ex Parte MOTION for Temporary Restraining Order and Preliminary Injunction. Written Order forthcoming. Plaintiff attorneys: Tara Jill Davis, Robert C. Ekstrand. Defendant attorneys: Johsua B. Richards, Douglas Sampson, Mark Jones. Court Reporter: Deborah Cohen-Rojas. (Powell, Gloria)
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Filing 23
SEALED EXHIBITS re #20 Response in Opposition to Motion,, by Defendant WAKE FOREST UNIVERSITY. (SAMPSON, DOUGLAS)
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Filing 22
MOTION to Seal Exhibit S to Wake Forest's Opposition to Motion for Temporary Restraining Order [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by WAKE FOREST UNIVERSITY. Response to Motion due by 3/2/2023 (SAMPSON, DOUGLAS)
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Filing 21
DESIGNATION OF MAGISTRATE JUDGE FOR SERVICE IN ANOTHER DISTRICT. United States Magistrate Judge David S. Cayer is hereby designated to hold court and perform any and all judicial duties designated under 28 U.S.C. 636(f), subsections (a), (b), or (c) in the Middle District of North Carolina on an as needed basis during the pendency of the above captioned case. Signed by CHIEF JUDGE THOMAS D. SCHROEDER on 2/16/2023. (Marsh, Keah)
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Filing 20
RESPONSE in Opposition re #5 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue filed by JOHN DOE filed by WAKE FOREST UNIVERSITY. Replies due by 3/2/2023 (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Text of Proposed Order)(SAMPSON, DOUGLAS)
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Filing 19
NOTICE by JOHN DOE of Schedule Conflict in Hearings on motions for temporary restraining orders on February 17, 2023 (EKSTRAND, ROBERT)
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Case Reassigned to MAGISTRATE JUDGE DAVID S. CAYER. MAG/JUDGE JOE L. WEBSTER no longer assigned to the case. (Marsh, Keah)
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ELECTRONIC NOTICE of Hearing: Hearing on #5 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue set for 2/17/2023 10:30 AM in Courtroom #4B, 401 W. Trade St., Charlotte, NC 28202 before DISTRICT JUDGE KENNETH D. BELL. (Powell, Gloria)
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Filing 18
NOTICE of Special Appearance by attorney TARA JILL DAVIS on behalf of Plaintiff JOHN DOE ( Filing fee $ 25 receipt number ANCMDC-3495590.) (DAVIS, TARA)
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Filing 17
NOTICE of Special Appearance by attorney ANDREW MILTENBERG on behalf of Plaintiff JOHN DOE ( Filing fee $ 25 receipt number ANCMDC-3494786.) (MILTENBERG, ANDREW)
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Filing 16
NOTICE of Special Appearance by attorney STUART BERNSTEIN on behalf of Plaintiff JOHN DOE ( Filing fee $ 25 receipt number ANCMDC-3494778.) (BERNSTEIN, STUART)
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Case Reassigned to DISTRICT JUDGE KENNETH D. BELL. UNASSIGNED no longer assigned to the case. (Powell, Gloria)
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ELECTRONIC NOTICE OF Telephonic Status Conference scheduled for Tuesday, 2/14/2023 04:00 PM before JUDGE KENNETH D. BELL. Further details sent via email to counsel for all parties. (Powell, Gloria)
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Motions Submitted: #3 Ex Parte MOTION for Leave to Proceed Under Pseudonym, #5 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue, #10 Supplement to Plaintiffs Motion for TRO/PI and Certification to JUDGE KENNETH D. BELL. (Powell, Gloria)
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Filing 15
DESIGNATION OF DISTRICT JUDGE FOR SERVICE IN ANOTHER DISTRICT WITHIN THE CIRCUIT. The Honorable Kenneth D. Bell, United States District Judge for the Western District of North Carolina, is hereby designated and assigned to hold a district court in the Middle District of North Carolina in the case of John Doe v. Wake Forest University, No. 1:23cv114, for such time as needed in advance to prepare and thereafter as required to complete unfinished business in the matter. Signed by ROGER L. GREGORY, Chief Judge, U.S. Court of Appeals for the Fourth Circuit on 2/13/2023. (Powell, Gloria)
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Case Reassigned to UNASSIGNED. JUDGE CATHERINE C. EAGLES no longer assigned to the case as of 2/7/2023. (Powell, Gloria)
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Filing 14
NOTICE of Special Appearance by attorney DOUGLAS SAMPSON on behalf of Defendant WAKE FOREST UNIVERSITY ( Filing fee $ 25 receipt number ANCMDC-3491773.) (SAMPSON, DOUGLAS)
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Filing 13
NOTICE of Special Appearance by attorney JOSHUA W. B. RICHARDS on behalf of Defendant WAKE FOREST UNIVERSITY ( Filing fee $ 25 receipt number ANCMDC-3491405.) (RICHARDS, JOSHUA)
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Filing 12
NOTICE of Attorney Appearance by attorney WILLIAM K. DAVIS on behalf of Defendant WAKE FOREST UNIVERSITY (DAVIS, WILLIAM)
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Filing 11
NOTICE of Attorney Appearance by attorney DANIEL ALAN M. RULEY on behalf of Defendant WAKE FOREST UNIVERSITY (RULEY, DANIEL)
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Filing 10
Certification of Notice and Supplemental Memorandum re #5 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue (documenting evidence of Rule 65(b)(1) factors) by Plaintiff JOHN DOE. (EKSTRAND, ROBERT) Modified on 2/14/2023 (Powell, Gloria).
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Filing 9
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Bowers, Alexis)
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Filing 8
Summons Issued as to WAKE FOREST UNIVERSITY. (Bowers, Alexis)
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Filing 7
NOTICE of Hearing: Motion Hearing set for 2/16/2023 02:00 PM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Winchester, Robin)
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Filing 6
MEMORANDUM filed by Plaintiff JOHN DOE re #5 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue filed by JOHN DOE. (Attachments: #1 Declaration of Plaintiff, John Doe, #2 Doe Decl. Ex. A - Policy, #3 Doe Decl. Ex. B - Complaint (redacted), #4 Doe Decl. Ex. C - Notice of Allegations (redacted), #5 Doe Decl. Ex. D - Updated Notice of Allegations (redacted), #6 Doe Decl. Ex. E - Final Investigation Report (redacted), #7 Doe Decl. Ex. F - Final Outcome Letter (redacted), #8 Doe Decl. Ex. G - Appeal from Final Outcome (redacted), #9 Doe Decl. Ex. H - Appeal Decision (redacted), #10 Doe Decl. Ex. I - Notice of Interim Suspension (redacted))(EKSTRAND, ROBERT)
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Filing 5
Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue by JOHN DOE. Response to Motion due by 2/28/2023 (Attachments: #1 Proposed Order)(EKSTRAND, ROBERT)
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Filing 4
MEMORANDUM filed by Plaintiff JOHN DOE re #3 Ex Parte MOTION to Proceed under Fictitious Name filed by JOHN DOE. (Attachments: #1 Declaration of Tara J. Davis, Esq.)(EKSTRAND, ROBERT)
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Filing 3
Ex Parte MOTION to Proceed under Fictitious Name by JOHN DOE. Response to Motion due by 2/28/2023 (Attachments: #1 Proposed Order)(EKSTRAND, ROBERT)
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Filing 2
Corporate Disclosure Statement. (EKSTRAND, ROBERT)
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Filing 1
COMPLAINT Verified, Jury Trial Demanded against WAKE FOREST UNIVERSITY (Filing fee $ 402 receipt number ANCMDC-3488359.), filed by JOHN DOE. (EKSTRAND, ROBERT) (Page 55 replaced on 2/8/2023 per Plaintiffs Counsel and with consent of Defendants Counsel) (Garland, Leah)
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TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 2/7/2023 vacating the Text Order entered at 2:03 p.m. and cancelling the 2/16/2023 Motion Hearing.(Winchester, Robin)
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TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 2/7/2023. Plaintiff has not complied with Fed.R.Civ.P. 65(b) and has not shown specific facts establishing that resolution of the motion for TRO is appropriate without notice to the defendant. The matter is set for hearing on Thursday, February 16, 2023, at 2 p.m. in Greensboro Courtroom 3. Plaintiffs counsel shall immediately give meaningful notice of the hearing to the defendant and to any attorney for the defendant with whom plaintiffs counsel has communicated about this matter, shall provide a copy of the complaint, motions, and briefs and this order, and shall file a certification of the time, method, and fact of sending and receipt no later than Monday, February 13, 2023, or the hearing will be cancelled and the TRO denied. The defendant may file a brief and evidence in opposition to the motion for TRO no later than 9 a.m. February 15, 2023. (Winchester, Robin)
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Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOE L. WEBSTER. (Garland, Leah)
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