DOE v. THE UNIVERSITY OF NORTH CAROLINA SYSTEM et al
| JACOB DOE |
| THE UNIVERSITY OF NORTH CAROLINA SYSTEM, THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, THE UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS, BOARD OF TRUSTEES OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, KEVIN GUSKIEWICZ, ELIZABETH HALL, JACLYN FEENEY, BETH FROEHLING, JEREMY ENLOW, JOHN KASPRZAK and KARLINA MATTHEWS |
| 1:2024cv00041 |
| January 17, 2024 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| WILLIAM L OSTEEN |
| Civil Rights: Education |
| 28 U.S.C. § 1343 Violation of Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 14, 2024. A more recent docket listing may be available from PACER.
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Filing 20
MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 03/14/2024, that Plaintiff's Motion for a Preliminary Injunction, (Doc. #4 ), is DENIED. (lg)
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Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN, JR., in G-1: Show Cause Hearing held on 2/26/2024 re: #2 MOTION for Leave to Proceed Pseudonymously and #4 Emergency MOTION for Temporary Restraining Order. Attorney Robert Ekstrand present as counsel on behalf of the Plaintiff. Attorneys Marla Bowman, Anne Martin, Laura Dean present as counsel on behalf of the Defendants. Court heard arguments from the parties. For the reasons stated on the record, Court denies #4 Plaintiff's Motion for Preliminary Injunction, requesting an injunction order prohibiting Defendants from releasing or disclosing any information concerning the disciplinary proceedings that are subject to this lawsuit. However, Court grants #2 Plaintiff's Motion to Proceed under a Pseudonym without prejudice to Defendants right to fully respond and challenge that Order. Relatedly, under the All Writs Act, Court orders that for a period of time the Pseudonym Order remains in effect, Defendants are prohibited from releasing or disclosing any information concerning the disciplinary proceedings that are the subject of this lawsuit, and that non-disclosure provision extends to all individuals over whom Defendants exercise control. Court declines to order UNC or the Defendants direct any media outlet or third party as to what they are or are not prohibited from disclosing. Defendants have 21 days to respond or challenge the Courts Order. Written Order forthcoming. (Court Reporter Joseph Armstrong.) (jd)
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Motions Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: #4 Emergency MOTION for Temporary Restraining Order, #14 MOTION to Seal Brief and Exhibits, #16 L.R. 5.5 Report-Joint filed by all parties, and #19 MOTION to Seal. (jd)
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Filing 19
Unopposed MOTION to Seal [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 JACOB DOE. Response to Motion due by 3/1/2024 (EKSTRAND, ROBERT) Modified text on 2/26/2024 as Unopposed. (jd)
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Filing 18
SEALED Attachments to Main Document to #17 Reply to Response to Motion, . (Attachments: #1 Ex. 1, Plaintiff's Decl. (highlighted), #2 Ex. 2, U.S. Dep't of Educ. Final Program Review re UNC-CH, August 2019, #3 Ex. 3, Settlement Agreement UNC and U.S. Dep't of Educ., #4 Ex. 4, J. Woods Decl. (highlighted))(EKSTRAND, ROBERT)
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Filing 17
REPLY, filed by Plaintiff JACOB DOE, to Response to #4 Emergency MOTION for Temporary Restraining Order filed by JACOB DOE. (Attachments: #1 Ex. 1, Plaintiff's Decl. (redacted)), #2 Ex. 2, U.S.-Dep't of Educ. Final Program Review re UNC-CH, August-2019, #3 Ex. 3, Settlement Agreement UNC and U.S. Dep't of Educ., #4 Ex. 4, J. Woods Decl. (SEALED))(EKSTRAND, ROBERT)
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Filing 16
L.R. 5.5 Report-Joint filed by all parties by BOARD OF TRUSTEES OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, JEREMY ENLOW, JACLYN FEENEY, BETH FROEHLING, KEVIN GUSKIEWICZ, ELIZABETH HALL, JOHN KASPRZAK, KARLINA MATTHEWS, THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, THE UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS, THE UNIVERSITY OF NORTH CAROLINA SYSTEM. (MARTIN, ANNE)
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Set Reply Deadline re #4 Emergency MOTION for Temporary Restraining Order. Replies due by 2/15/2024. (sh)
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Filing 15
SEALED UNREDACTED DOCUMENTS (Public Version filed at D.E. 13) filed by Defendants BOARD OF TRUSTEES OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, JEREMY ENLOW, JACLYN FEENEY, BETH FROEHLING, KEVIN GUSKIEWICZ, ELIZABETH HALL, JOHN KASPRZAK, KARLINA MATTHEWS, THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, THE UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS, THE UNIVERSITY OF NORTH CAROLINA SYSTEM, Plaintiff JACOB DOE re #4 Motion for TRO,. (Attachments: #1 Exhibit 1 Title IX Policy, #2 Exhibit 2 PPDHRM, #3 Exhibit 3 Title IX Procedures, #4 Exhibit 4 Filed Under Seal, #5 Exhibit 5 Filed Under Seal, #6 Exhibit 6 Filed Under Seal, #7 Exhibit 7 Filed Under Seal, #8 Exhibit 8 Filed Under Seal, #9 Exhibit 9 Filed Under Seal, #10 Exhibit 10 Filed Under Seal, #11 Exhibit 11 Filed Under Seal, #12 Exhibit 12 Declaration of Elizabeth Hall)(MARTIN, ANNE)
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Filing 14
MOTION to Seal Brief and Exhibits [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 BOARD OF TRUSTEES OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, JEREMY ENLOW, JACLYN FEENEY, BETH FROEHLING, KEVIN GUSKIEWICZ, ELIZABETH HALL, JOHN KASPRZAK, KARLINA MATTHEWS, THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, THE UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS, THE UNIVERSITY OF NORTH CAROLINA SYSTEM. Response to Motion due by 2/20/2024 (MARTIN, ANNE)
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Filing 13
Defendants' Response Brief in Opposition to Plaintiff's Motion for Preliminary Injunction BRIEF re #4 Emergency MOTION for Temporary Restraining Order by Defendants BOARD OF TRUSTEES OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, JEREMY ENLOW, JACLYN FEENEY, BETH FROEHLING, KEVIN GUSKIEWICZ, ELIZABETH HALL, JOHN KASPRZAK, KARLINA MATTHEWS, THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, THE UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS, THE UNIVERSITY OF NORTH CAROLINA SYSTEM filed by BOARD OF TRUSTEES OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, JEREMY ENLOW, JACLYN FEENEY, BETH FROEHLING, KEVIN GUSKIEWICZ, ELIZABETH HALL, JOHN KASPRZAK, KARLINA MATTHEWS, THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, THE UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS, THE UNIVERSITY OF NORTH CAROLINA SYSTEM. Replies due by 2/15/2024. (Attachments: #1 Exhibit 1 Title IX Policy, #2 Exhibit 2 PPDHRM, #3 Exhibit 3 Title IX Procedures, #4 Exhibit 4 Filed Under Seal, #5 Exhibit 5 Filed Under Seal, #6 Exhibit 6 Filed Under Seal, #7 Exhibit 7 Filed Under Seal, #8 Exhibit 8 UNC-CH Chancellor-Calendar, #9 Exhibit 9 Filed Under Seal, #10 Exhibit 10 Filed Under Seal, #11 Exhibit 11 Filed Under Seal, #12 Exhibit 12 Declaration of Elizabeth Hall)(MARTIN, ANNE) Modified on 2/7/2024 to set reply deadline. (sh)
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Filing 12
NOTICE of Attorney Appearance by attorney ANNE PHILLIPS MARTIN on behalf of Defendants BOARD OF TRUSTEES OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, JEREMY ENLOW, JACLYN FEENEY, BETH FROEHLING, KEVIN GUSKIEWICZ, ELIZABETH HALL, JOHN KASPRZAK, KARLINA MATTHEWS, THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, THE UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS, THE UNIVERSITY OF NORTH CAROLINA SYSTEM (MARTIN, ANNE)
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Filing 11
NOTICE of Attorney Appearance by attorney LAURA E. DEAN on behalf of Defendants BOARD OF TRUSTEES OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, THE UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS, THE UNIVERSITY OF NORTH CAROLINA SYSTEM (DEAN, LAURA)
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Filing 10
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent to jurisdiction)(al)
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Filing 9
Summons Issued as to All Defendants. (al)
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Filing 8
TEMPORARY RESTRAINING ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 1/24/2024; that, pending a determination of Plaintiff's Motion for Preliminary Injunction, (Doc. #4 ), UNC-CH is hereby restrained from publicly releasing or disclosing Plaintiff's name, Plaintiff's violation, or information about the discipline UNC-CH imposed. This restraint applies with respect to the public records request UNC-CH has received, (see Doc. #5 -2), and any other requests it may receive during the pendency of this TRO. FURTHER ORDERED that Defendants shall appear before the United States District Court for the Middle District of North Carolina on February 26, 2024 at 9:30 a.m. in Greensboro Courtroom 1, and SHOW CAUSE why a preliminary injunction should not issue continuing the relief ordered above and any further relief not granted above but sought in Plaintiff's Motion for Preliminary Injunction. FURTHER ORDERED that Defendants shall file a brief in response to Plaintiff's Motion for Preliminary Injunction on or before February 6, 2024, and Plaintiff's reply shall be filed on or before February 15, 2024. FURTHER ORDERED that this order and all the papers supporting Plaintiff's Motion for an Ex Parte Temporary Restraining Order and Motion for a Preliminary Injunction, (Doc. #4 ), shall be served by e-mail upon Marla Spector Bowman, Esq., counsel for Defendant UNC-CH, at marla_bowman@unc.edu on January 18, 2024, which shall constitute good and sufficient service. FURTHER ORDERED that this order shall remain in effect until such time as the court rules on Plaintiff's Motion for Preliminary Injunction. Defendant UNC-CH consents to the extension of this order until such time. (sh)
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Set Hearing: Show Cause Hearing set for 2/26/2024 09:30 AM in Greensboro Courtroom #1. (sh)
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Reset Response and Reply Deadlines re #4 Emergency MOTION for Temporary Restraining Order. Response to Motion due by 2/6/2024. Replies due by 2/15/2024. (sh)
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Filing 7
NOTICE by JACOB DOE re #3 Brief Certificate of Word Count (LR7.3(d)) (EKSTRAND, ROBERT)
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Filing 6
NOTICE of Attorney Appearance by attorney MARLA S. BOWMAN on behalf of Defendant THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL (BOWMAN, MARLA)
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Filing 5
Supporting BRIEF re #4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff JACOB DOE filed by JACOB DOE. (Attachments: #1 Preliminary Injunction (ECF No. 64) in Doe v UNC et al, WDNC No 1:23-cv-00041-MR (November 28, 2023), #2 Request for Records of Plaintiff's Disciplinary Proceedings for Publication)(EKSTRAND, ROBERT)
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Filing 4
Emergency MOTION for Temporary Restraining Order by JACOB DOE. (Attachments: #1 Certification of Plaintiff's Compliance with the Notice Requirements for Issuance of a TRO under Fed. R. Civ. P. 65(b), #2 Proposed TRO and Order for Hearing on Preliminary Injunction)(EKSTRAND, ROBERT)
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Filing 3
Supporting BRIEF re #2 MOTION for Leave to Proceed Pseudonymously by Plaintiff JACOB DOE filed by JACOB DOE. (EKSTRAND, ROBERT)
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Filing 2
MOTION for Leave to Proceed Pseudonymously by JACOB DOE. (Attachments: #1 Text of Proposed Order)(EKSTRAND, ROBERT)
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Filing 1
COMPLAINT - VERIFIED - against All Defendants ( Filing fee $ 405 receipt number ANCMDC-3742268.), filed by JACOB DOE.(EKSTRAND, ROBERT)
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Minute Entry for Telephone Conference Call held before JUDGE WILLIAM L. OSTEEN, JR., on 1/17/2024: Attorneys Robert C. Ekstrand and Marla S. Bowman present on the call for both Plaintiff and Defendants. Court consulted with the parties on the Motion for a Temporary Restraining Order, (Doc. #4 ). Parties agreed to the entry of a TRO on the conditions discussed and further agreed to draft a briefing schedule in anticipation of a hearing on the motion for a preliminary injunction the week of February 20 or February 26, 2024. (kw)
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Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE L. PATRICK AULD. (lg)
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Motions Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: #2 MOTION for Leave to Proceed Pseudonymously and #4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction. (jd)
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