DOE v. Rensselaer Polytechnic Institute

Docket(#21) TEXT ORDER granting #20 Letter Request. The Rule 16 Initial Conference is reset for 12/7/2020 at 9:30 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/30/2020. This conference will be conducted by telephone; a separate notice with detailed call-in information will be issued. So Ordered by Magistrate Judge Daniel J. Stewart on 11/12/2020. (dpk) (Entered: 11/12/2020)

Docket(#20) Letter Motion from Julie Nociolo, Esq. for JOHN DOE requesting rescheduling of Rule 16(b) conference submitted to Judge Daniel Stewart . (Nociolo, Julie) (Entered: 11/06/2020)

Docket(#19) ANSWER to #1 Complaint, by Rensselaer Polytechnic Institute.(Ginsberg, Michael) (Entered: 10/30/2020)

Docket(#18) TRANSCRIPT of Proceedings: Order to Show Cause Hearing held on 10/8/2020 before Judge David N. Hurd, Court Reporter: Hannah Cavanaugh, Telephone number: 315-266-1176. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/20/2020. Redacted Transcript Deadline set for 11/30/2020. Release of Transcript Restriction set for 1/28/2021. Notice of Intent to Redact due by 11/4/2020 (hfc, ) (Entered: 10/30/2020)

Docket(#17) TRANSCRIPT REQUEST by JOHN DOE for proceedings held on 10/08/2020 before Judge David N. Hurd.. (Nociolo, Julie) (Entered: 10/20/2020)

Docket(#16) MEMORANDUM-DECISION and ORDER: 1. Plaintiff John Doe's motion for a preliminary injunction is GRANTED; 2. Defendant Rensselaer Polytechnic Institute is enjoined from conducting adisciplinary hearing or otherwise imposing discipline or sanctions against plaintiff John Doe for Jane Roe's complaint of sexual assault until after the resolution of this case; and 3. Defendant Rensselaer Polytechnic Institute is directed to respond to plaintiff John Doe's complaint no later than Friday, October 30, 2020. IT IS SO ORDERED. Signed by Judge David N. Hurd on 10/16/2020. (khr) (Entered: 10/16/2020)

Docket(#15) LETTER BRIEF by Rensselaer Polytechnic Institute. (Ginsberg, Michael) (Entered: 10/14/2020)

Docket(#14) TEXT ORDER Re: Dkt. No. #13 Letter Request: For the same motivating reasons as those discussed in Dkt. #6 , docket entries Dkt. 10-1 through 10-4 and Dkt. 10-6 through 10-17 are hereby sealed. Pursuant to the verbal order of the Hon. David N. Hurd, USDJ on 10/13/2020. (hmr) (Entered: 10/13/2020)

Docket(#13) Letter Motion from Julie Nociolo, Esq. for JOHN DOE requesting to seal certain sensitive exhibits submitted to Judge Hurd . (Nociolo, Julie) (Entered: 10/09/2020)

DocketTEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY : Motion Hearing held on 10/8/2020. Judge Hurd hears argument from both parties on #3 MOTION for Preliminary Injunction filed by JOHN DOE and RESERVES DECISION with the Temporary Restraining Order continued under full force and effect until 10/16/2020. Appearances: Julia A. Nociolo, Esq. for plaintiff John Doe; Michael E. Ginsberg, Esq. for defendant Rensselaer Polytechnic Institute (Court Reporter Hannah Cavanaugh)(10:00am - 11:30am) (ptm) (Entered: 10/08/2020)

Docket(#8) WAIVER OF SERVICE Returned Executed by JOHN DOE. (Nociolo, Julie) (Entered: 09/30/2020)

Docket***Answer due date updated for Rensselaer Polytechnic Institute answer due 10/20/2020. (khr) (Entered: 09/29/2020)

Docket(#7) AFFIDAVIT of Service for Order Granting TRO with Affidavit of Julie Nociolo, Esq., Affirmation of Julie Nociolo, Esq., Memorandum of Law; Summons, Complaint with Unredacted Exhibits and Filing Order; Notice of Motion to Proceed under a Pseudonym, Memorandum of Law and Proposed Order served on Rensselaer Polytechnic Institute on 09/29/2020, filed by JOHN DOE. (Nociolo, Julie) (Entered: 09/29/2020)

DocketORDER SETTING SHOW CAUSE HEARING. Pursuant to the Order of the Hon. David N. Hurd, USDJ, at Dkt. No. #6 Defendant RPI is ordered to show cause at a hearing to be held before a term of this Court in Utica, New York at 10:00 a.m. on Thursday, October 8, 2020 why the temporary restraining order should not be converted to a preliminary injunction in accordance with Rule 65 of the Federal Rules of Civil Procedure. Appearances by counsel are required in Court in USDC / Utica. Please adjust your calendars accordingly. (Show Cause Hearing set for 10/8/2020 10:00 AM in Utica before Judge David N. Hurd). (ptm) (Entered: 09/29/2020)

Docket(#6) ORDER GRANTING TEMPORARY RESTRAINING ORDER: that Doe's Dkt. No. #2 motion to proceed under a pseudonym and to seal Exhibit A and Exhibits I through L is Granted; that the Clerk of the Court is directed to place Exhibit A and Exhibits I through L under seal until further order of this Court; that Doe's Dkt. No. #3 motion for a temporary restraining order is Granted; that RPI is temporarily Enjoined from: (a) applying its August 2018 Student Sexual Misconduct Policy and Procedures to plaintiff's pending Title IX case; (b) conducting any Title IX hearing which does not afford process due to plaintiff as required under Title IX and its duly promulgated regulations; (c) enforcing any and all sanctions against plaintiff determined as a result of its Title IX process, including but not limited to suspension or dismissal from the institution; and that RPI is ordered to show cause at a hearing to be held before a term of this Court in Utica, New York at 10:00 a.m. on Thursday, October 8, 2020 why the temporary restraining order should not be converted to a preliminary injunction in accordance with Rule 65 of the Federal Rules of Civil Procedure.Signed by Judge David N. Hurd on 09/28/2020. (hmr) (Entered: 09/28/2020)

Docket(#5) G.O. 25 FILING ORDER ISSUED: Initial Conference set for 12/28/2020 09:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/21/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) (Entered: 09/28/2020)

Docket(#4) Summons Issued as to Rensselaer Polytechnic Institute. (khr) (Entered: 09/28/2020)

Docket(#3) ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER by JOHN DOE. (Attachments: #1 Affidavit, #2 Affirmation, #3 Memorandum of Law)(khr) (Entered: 09/28/2020)

Docket(#2) MOTION TO PROCEED UNDER A PSEUDONYM AND TO SEAL EXHIBITS TO COMPLAINT filed by JOHN DOE. (Attachments: #1 Memorandum of Law, #2 Proposed Order) Motions referred to Daniel J. Stewart. (khr) (Entered: 09/28/2020)

Docket(#1) COMPLAINT WITH JURY DEMAND against Rensselaer Polytechnic Institute (Filing fee $400 receipt number ANYNDC-5258763) filed by JOHN DOE. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Civil Cover Sheet)(khr) (Entered: 09/28/2020)