Doe v. The Board of Directors of New York University et al
| New York Southern District Court | |
| Judge: | Katherine Polk Failla |
| Case #: | 1:23-cv-01307 |
| Nature of Suit | 448 Civil Rights - Education |
| Cause | 20:1681 Title IX Educational Amendments 1992 - Sex Discrimination |
| Case Filed: | Feb 15, 2023 |
| Terminated: | Feb 02, 2024 |
| Last checked: Monday Aug 14, 2023 5:45 AM EDT |
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Defendant
Craig Jolley
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Represented By
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Defendant
Ezra Sacks
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Represented By
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Defendant
New York University
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Represented By
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Plaintiff
John Doe
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Represented By
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| TERMINATED PARTIES | |
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Defendant
The Board of Directors of New York University
Terminated: 03/15/2023
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Represented By
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| Docket last updated: 11 hours ago |
| Friday, February 02, 2024 | ||
| 47 | 47
order
Judgment - Clerk
Fri 02/02 11:01 AM
CLERK'S JUDGMENT re:46 Memorandum & Opinion in favor of New York University, Craig Jolley, Ezra Sacks against John Doe. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated February 2, 2024, Defendants' motion to dismiss is GRANTED. Plaintiff's federal claims are dismissed with prejudice, and Plaintiff's state-law claims are dismissed without prejudice to their refiling. Accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 2/2/2024) (tp) |
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Att: 1
Appeal Package
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| 46 | 46
21
pgs
order
Memorandum & Opinion
Fri 02/02 10:42 AM
OPINION AND ORDER re:33 MOTION to Dismiss the First Amended Complaint . filed by New York University, Craig Jolley, Ezra Sacks. For the reasons set forth in this Opinion, Defendants' motion to dismissis GRANTED. Plaintiff's federal claims are dismissed with prejudice, andPlaintiff's state-law claims are dismissed without prejudice to their refiling.The Clerk of Court is directed to terminate all pending motions, adjournall remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 2/2/2024) (rro) |
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| Friday, August 04, 2023 | ||
| 45 | 45
respm
Reply Memorandum of Law in Support of Motion
Fri 08/04 5:47 PM
REPLY MEMORANDUM OF LAW in Support re:33 MOTION to Dismiss the First Amended Complaint . . Document filed by Craig Jolley, New York University, Ezra Sacks..(Kaplan, Roberta) |
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| Friday, July 21, 2023 | ||
| 44 | 44
respm
Declaration in Opposition to Motion
Fri 07/21 7:51 AM
DECLARATION of Kara L. Gorycki in Opposition re:33 MOTION to Dismiss the First Amended Complaint .. Document filed by John Doe..(Gorycki, Kara) |
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Att: 1
Exhibit -1 2001 Guidance,
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Att: 2
Exhibit -2 NYU Computer Policy,
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Att: 3
Exhibit -3 March 10, 2023 Letter,
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Att: 4
Exhibit -4 NYU Sexual Misconduct Policy,
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Att: 5
Exhibit -5 NYU Sexual Misconduct Procedures
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| 43 | 43
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pgs
respm
Memorandum of Law in Opposition to Motion
Fri 07/21 7:46 AM
MEMORANDUM OF LAW in Opposition re:33 MOTION to Dismiss the First Amended Complaint . . Document filed by John Doe..(Gorycki, Kara) |
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| Tuesday, July 11, 2023 | ||
| 42 | 42
1
pgs
order
Order on Motion to Appear Pro Hac Vice
Tue 07/11 11:11 AM
ORDER FOR ADMISSION PRO HAC VICE granting41 Motion for Jackson Erpenbach to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the pending motion at docket number 41.. (Signed by Judge Katherine Polk Failla on 7/11/2023) (ks) |
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| Monday, July 10, 2023 | ||
| 41 | 41
motion
Appear Pro Hac Vice
Mon 07/10 4:05 PM
MOTION for Jackson Erpenbach to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27979067. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Craig Jolley, New York University, Ezra Sacks..(Erpenbach, Jackson) |
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Att: 1
Affidavit of Jackson Erpenbach,
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Att: 2
Exhibit - Certificate of Good Standing,
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Att: 3
Text of Proposed Order for Admission Pro Hac Vice
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misc
Notice Regarding Pro Hac Vice Motion
Mon 07/10 4:25 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 41 MOTION for Jackson Erpenbach to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27979067. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
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| Wednesday, June 21, 2023 | ||
| 40 | 40
1
pgs
order
Order on Motion to Seal
Wed 06/21 11:54 AM
ORDER: granting35 Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket number 35. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/21/2023) (ama) |
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| 39 | 39
1
pgs
order
Order on Motion for Oral Argument
Wed 06/21 11:45 AM
ORDER terminating38 Letter Motion for Oral Argument. The Court is in receipt of Defendants' request for oral argument concerning their Motion to Dismiss. If the Court determines that oral argument would be useful, it will promptly reach out to the parties. The Clerk of Court is directed to terminate the pending motion at docket number 38. (Signed by Judge Katherine Polk Failla on 6/21/2023) (rro) |
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| Tuesday, June 20, 2023 | ||
| 38 | 38
motion
Oral Argument
Tue 06/20 7:56 PM
LETTER MOTION for Oral Argument on Defendants' Motion to Dismiss the First Amended Complaint addressed to Judge Katherine Polk Failla from Roberta A. Kaplan dated June 20, 2023. Document filed by Craig Jolley, New York University, Ezra Sacks..(Kaplan, Roberta) |
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| 37 | 37
respm
Declaration in Support of Motion
Tue 06/20 7:51 PM
***SELECTED PARTIES***DECLARATION of Gabrielle E. Tenzer in Support re:33 MOTION to Dismiss the First Amended Complaint .. Document filed by Craig Jolley, Ezra Sacks, New York University, John Doe.Motion or Order to File Under Seal:35 .(Tenzer, Gabrielle) |
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Att: 1
Exhibit A - Letter to Plaintiff,
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Att: 2
Exhibit B - Plaintiff's Academic Transcript,
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Att: 3
Exhibit C - University Non-Discrimination and Anti-Harassment Policy,
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Att: 4
Exhibit D - University Sexual Misconduct Policy,
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Att: 5
Exhibit E - University Student Conduct Policy,
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Att: 6
Exhibit F - University Student Conduct Procedures
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| 36 | 36
respm
Declaration in Support of Motion
Tue 06/20 7:43 PM
DECLARATION of Gabrielle E. Tenzer in Support re:33 MOTION to Dismiss the First Amended Complaint .. Document filed by Craig Jolley, New York University, Ezra Sacks..(Tenzer, Gabrielle) |
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Att: 1
Exhibit A - Letter to Plaintiff,
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Att: 2
Exhibit B - Plaintiff's Academic Transcript,
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Att: 3
Exhibit C - University Non-Discrimination and Anti-Harassment Policy,
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Att: 4
Exhibit D - University Sexual Misconduct Policy,
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Att: 5
Exhibit E - University Student Conduct Policy,
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Att: 6
Exhibit F - University Student Conduct Procedures
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| 35 | 35
motion
Seal
Tue 06/20 7:36 PM
LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Roberta A. Kaplan dated June 20, 2023. Document filed by Craig Jolley, New York University, Ezra Sacks..(Kaplan, Roberta) |
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| 34 | 34
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pgs
respm
Memorandum of Law in Support of Motion
Tue 06/20 7:30 PM
MEMORANDUM OF LAW in Support re:33 MOTION to Dismiss the First Amended Complaint . . Document filed by Craig Jolley, New York University, Ezra Sacks..(Kaplan, Roberta) |
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| 33 | 33
motion
Dismiss
Tue 06/20 7:28 PM
MOTION to Dismiss the First Amended Complaint . Document filed by Craig Jolley, New York University, Ezra Sacks..(Kaplan, Roberta) |
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| 32 | 32
notice
Notice of Appearance
Tue 06/20 6:14 PM
NOTICE OF APPEARANCE by Matthew J. Craig on behalf of Craig Jolley, New York University, Ezra Sacks..(Craig, Matthew) |
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| Thursday, May 25, 2023 | ||
| 31 | 31
misc
Notice of Filing Transcript
Thu 05/25 11:22 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a STATUS CONFERENCE proceeding held on 5/17/2023 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....(js) |
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| 30 | 30
misc
Transcript
Thu 05/25 11:14 AM
TRANSCRIPT of Proceedings re: STATUS CONFERENCE held on 5/17/2023 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Adrienne Mignano, 92120 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 6/15/2023. Redacted Transcript Deadline set for 6/26/2023. Release of Transcript Restriction set for 8/23/2023.(js) |
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| Wednesday, May 17, 2023 | ||
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minutes
Pretrial Conference - Initial
Wed 05/17 4:29 PM
Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial/Pre-motion Conference held on 5/17/2023. Attorneys Kara Lynn Gorycki and Amy Zamir representing Plaintiff present. Attorneys Roberta Ann Kaplan and Gabrielle Tenzer representing Defendants present. Defendants' motion to dismiss is due by 6/20/2023; Opposition due by 7/21/2023; and Reply due by 8/4/2023. Discovery is stayed pending resolution of the motion. (Court Reporter recorded) (tn) |
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| Tuesday, May 09, 2023 | ||
| 29 | 29
2
pgs
order
Order on Motion to Adjourn Conference
Tue 05/09 2:36 PM
ORDER granting28 Letter Motion to Adjourn Conference. Application GRANTED. Pursuant to the above and the Court's subsequent email discussion with counsel in this matter, the premotion conference currently scheduled for May 31, 2023, is hereby rescheduled to May 17, 2023, at 4:00 p.m. This conference will proceed telephonically. The dial-in information is as follows: At 4:00 p.m. the parties shall call (888) 363-4749 and enter access code 5123533. Please note, the conference will not be available prior to 4:00 p.m. The Clerk of Court is directed to terminate the pending motion at docket number 28. Telephone Conference set for 5/17/2023 at 04:00 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 5/9/2023) (rro) |
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| 28 | 28
motion
Adjourn Conference
Tue 05/09 10:30 AM
LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Kara L. Gorycki dated May 9, 2023. Document filed by John Doe..(Gorycki, Kara) |
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| Tuesday, April 25, 2023 | ||
| 27 | 27
7
pgs
order
Order on Motion for Conference
Wed 04/26 10:10 AM
MEMO ENDORSED ORDER on re:26 Letter esponse to Defendants' pre-motion Letter dated April 21, 2023 filed by John Doe terminating24 Letter Motion for Conference re:24 LETTER MOTION for Conference / pre-motion conference addressed to Judge Katherine Polk Failla from Roberta A. Kaplan, dated April 21, 2023. ENDORSEMENT: The Court is in receipt of Defendants' pre-motion letter regarding its anticipated motion to dismiss dated April 21, 2023 (Dkt. #24), and Plaintiff's above response. The Court notes that Plaintiff's seven-page opposition letter is in violation of the Court's individual rule requiring pre-motion submissions to be no more than three pages. See Individual Rule 4.A. The Court will accept Plaintiff's submission this one time, but will not do so again. Plaintiff is advised to read the Court's rules thoroughly. The initial pretrial conference currently scheduled for May 31, 2023, is hereby converted to a pre-motion conference. The parties should be prepared to discuss their positions regarding Defendants' anticipated motion at that time. The Clerk of Court is directed to terminate the pending motion at docket number 24. SO ORDERED. (Signed by Judge Katherine Polk Failla on 4/25/23) (yv) |
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| 26 | 26
misc
Letter
Tue 04/25 2:34 PM
LETTER addressed to Judge Katherine Polk Failla from Kara L. Gorycki dated April 25, 2023 re: response to Defendants' pre-motion Letter dated April 21, 2023. Document filed by John Doe..(Gorycki, Kara) |
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| Friday, April 21, 2023 | ||
| 25 | 25
notice
Notice of Appearance
Fri 04/21 5:20 PM
NOTICE OF APPEARANCE by Amit Jain on behalf of Craig Jolley, New York University, Ezra Sacks..(Jain, Amit) |
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| 24 | 24
motion
Conference
Fri 04/21 5:01 PM
LETTER MOTION for Conference / pre-motion conference addressed to Judge Katherine Polk Failla from Roberta A. Kaplan, dated April 21, 2023. Document filed by Craig Jolley, New York University, Ezra Sacks..(Kaplan, Roberta) |
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| Friday, March 31, 2023 | ||
| 23 | 23
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pgs
order
Order for Initial Pretrial Conference
Fri 03/31 12:27 PM
ORDER: The Court is in receipt of Defendants' executed waivers of service filed March 30, 2023, the latest of which sets forth an answer deadline of May 19, 2023. (Dkt. #9). To allow the parties sufficient time to prepare for the initial pretrial conference, the conference currently scheduled for May 17, 2023, is hereby ADJOURNED to May 31, 2023, at 10:30 a.m. Initial Conference set for 5/31/2023 at 10:30 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 3/31/2023) (rro) |
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| Thursday, March 30, 2023 | ||
| 22 | 22
service
Waiver of Service Executed
Thu 03/30 12:25 PM
WAIVER OF SERVICE RETURNED EXECUTED. New York University waiver sent on 3/20/2023, answer due 5/19/2023. Document filed by John Doe..(Miltenberg, Andrew) |
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| 21 | 21
service
Waiver of Service Executed
Thu 03/30 12:23 PM
WAIVER OF SERVICE RETURNED EXECUTED. Craig Jolley waiver sent on 2/21/2023, answer due 4/24/2023. Document filed by John Doe..(Miltenberg, Andrew) |
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| 20 | 20
service
Waiver of Service Executed
Thu 03/30 12:22 PM
WAIVER OF SERVICE RETURNED EXECUTED. Ezra Sacks waiver sent on 2/21/2023, answer due 4/24/2023. Document filed by John Doe..(Miltenberg, Andrew) |
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| Tuesday, March 14, 2023 | ||
| 19 | 19
2
pgs
order
Order on Motion to Adjourn Conference
Tue 03/14 3:17 PM
ORDER granting17 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference currently scheduled for May 4, 2023, is hereby ADJOURNED to May 17, 2023, at 10:00 a.m. Per the Court's Notice of Initial Pretrial Conference (Dkt. #13), the parties are to submit a proposed civil case management plan and scheduling order, as well as a joint letter, on or before May 11, 2023. Initial Conference set for 5/17/2023 at 10:00 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 3/14/2023) (rro) |
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| 18 | 18
cmp
Amended Complaint
Tue 03/14 2:58 PM
AMENDED COMPLAINT amending1 Complaint against Craig Jolley, Ezra Sacks, New York University with JURY DEMAND.Document filed by John Doe. Related document:1 Complaint..(Miltenberg, Andrew) |
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| 17 | 17
motion
Adjourn Conference
Tue 03/14 11:47 AM
CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Roberta A. Kaplan dated March 14, 2023. Document filed by Craig Jolley, Ezra Sacks, The Board of Directors of New York University..(Kaplan, Roberta) |
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| 16 | 16
misc
Rule 7.1 Corporate Disclosure Statement
Tue 03/14 11:45 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Board of Directors of New York University..(Kaplan, Roberta) |
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| 15 | 15
notice
Notice of Appearance
Tue 03/14 11:38 AM
NOTICE OF APPEARANCE by Gabrielle Tenzer on behalf of Craig Jolley, Ezra Sacks, The Board of Directors of New York University..(Tenzer, Gabrielle) |
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| 14 | 14
notice
Notice of Appearance
Tue 03/14 11:35 AM
NOTICE OF APPEARANCE by Roberta Ann Kaplan on behalf of Craig Jolley, Ezra Sacks, The Board of Directors of New York University..(Kaplan, Roberta) |
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| Friday, March 03, 2023 | ||
| 13 | 13
3
pgs
order
Order for Initial Pretrial Conference
Fri 03/03 12:48 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on May 4, 2023, at 12:00 p.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. Additionally, in accordance with the Court's Individual Rules, the parties are hereby ORDERED to file by ECF and to submit via e-mail (FaillaNYSDChambers@nysd.uscourts.gov) a Proposed Civil Case Management Plan and Scheduling Order in PDF format by Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://nysd.uscourts.gov/hon-katherine-polk-failla. Any open legal issues can be addressed at the conference. IT IS FURTHER ORDERED that included with the Proposed Civil Case Management Plan and Scheduling Order, the parties jointly submit a letter, not to exceed five pages, providing the following information in separate paragraphs as further set forth in this Order. SO ORDERED. ( Initial Conference set for 5/4/2023 at 12:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 3/3/23) (yv) |
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| Friday, February 17, 2023 | ||
| 12 | 12
notice
Notice of Appearance
Fri 02/17 10:47 AM
NOTICE OF APPEARANCE by Helen J. Setton on behalf of John Doe..(Setton, Helen) |
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| 11 | 11
1
pgs
order
Order on Motion for Miscellaneous Relief
Fri 02/17 10:39 AM
ORDER GRANTING PLAINTIFFS MOTION TO PROCEED UNDER PSEUDONYM AND FOR PROTECTIVE ORDER granting4 Motion re:4 MOTION Proceed under Pseudonyms and to Issue a Protective Order re:1 Complaint . Upon Plaintiffs Motion to Proceed Under Pseudonym and for Protective Order, and upon review of the Complaint, Declaration of Andrew T. Miltenberg, Esq., and Memorandum of Law in Support of Plaintiff's Motion, it is hereby ORDERED that Plaintiffs Motion to Proceed Under Pseudonym is GRANTED, and it is FURTHER ORDERED, that the Plaintiffs Motion for a Protective Order prohibiting Defendants from publicly identifying Plaintiff, in court filings or otherwise, is GRANTED. (Signed by Judge Katherine Polk Failla on 2/16/2023) (rro) |
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| Thursday, February 16, 2023 | ||
| 10 | 10
service
Summons Issued
Thu 02/16 3:08 PM
ELECTRONIC SUMMONS ISSUED as to Craig Jolley, Ezra Sacks, The Board of Directors of New York University..(jgo) |
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| 9 | 9
notice
Notice of Appearance
Thu 02/16 11:10 AM
NOTICE OF APPEARANCE by Kara Lynn Gorycki on behalf of John Doe..(Gorycki, Kara) |
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| 8 | 8
notice
Notice of Appearance
Thu 02/16 10:51 AM
NOTICE OF APPEARANCE by Amy Zamir on behalf of John Doe..(Zamir, Amy) |
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| 7 | 7
misc
Civil Cover Sheet
Thu 02/16 10:46 AM
CIVIL COVER SHEET filed..(Miltenberg, Andrew) |
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misc
Notice to Attorney Regarding Deficient Civil Cover Sheet
Thu 02/16 10:21 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Andrew Todd Miltenberg to RE-FILE Document No. 3 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the PDF was not properly signed by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
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notice
Case Opening Initial Assignment Notice
Thu 02/16 10:22 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo) |
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utility
Case Designation
Thu 02/16 10:24 AM
Magistrate Judge James L. Cott 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo) |
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utility
Case Designated ECF
Thu 02/16 10:25 AM
Case Designated ECF. (jgo) |
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| Wednesday, February 15, 2023 | ||
| 6 | 6
26
pgs
respm
Memorandum of Law in Support of Motion
Wed 02/15 3:49 PM
MEMORANDUM OF LAW in Support re:4 MOTION Proceed under Pseudonyms and to Issue a Protective Order re:1 Complaint . . Document filed by John Doe..(Miltenberg, Andrew) |
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| 5 | 5
respm
Declaration in Support of Motion
Wed 02/15 3:48 PM
DECLARATION of Andrew Miltenberg in Support re:4 MOTION Proceed under Pseudonyms and to Issue a Protective Order re:1 Complaint .. Document filed by John Doe..(Miltenberg, Andrew) |
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| 4 | 4
motion
Miscellaneous Relief
Wed 02/15 3:44 PM
MOTION Proceed under Pseudonyms and to Issue a Protective Order re:1 Complaint . Document filed by John Doe..(Miltenberg, Andrew) |
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Att: 1
Text of Proposed Order Proposed order granting Plaintiff's Motion to Proceed Under Pseudonym and for a Protective Order
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| 3 | 3
misc
Civil Cover Sheet
Wed 02/15 3:34 PM
CIVIL COVER SHEET filed..(Miltenberg, Andrew) |
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| 2 | 2
service
Request for Issuance of Summons
Wed 02/15 3:32 PM
REQUEST FOR ISSUANCE OF SUMMONS as to The Board of Directors of New York University, Ezra Sacks, and Craig Jolley, re:1 Complaint. Document filed by John Doe..(Miltenberg, Andrew) |
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| 1 | 1
cmp
Complaint
Wed 02/15 3:30 PM
COMPLAINT against Craig Jolley, Ezra Sacks, The Board of Directors of New York University. (Filing Fee $ 402.00, Receipt Number ANYSDC-27348666)Document filed by John Doe..(Miltenberg, Andrew) |
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