Case: Rapuano v. Trustees of Dartmouth College

1:18-cv-01070 | U.S. District Court for the District of New Hampshire

Filed Date: Nov. 15, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 15, 2018, seven female students in Dartmouth's Department of Psychological and Brain Sciences filed this putative class action suit against the Trustees of Dartmouth College under Title IX and New Hampshire common law in the U.S. District Court for the District of New Hampshire. The plaintiffs claimed a hostile educational environment, gender discrimination, quid pro quo sexual harassment, and retaliation in violation of Title IX. Additionally, the plaintiff class claimed that the T…

On November 15, 2018, seven female students in Dartmouth's Department of Psychological and Brain Sciences filed this putative class action suit against the Trustees of Dartmouth College under Title IX and New Hampshire common law in the U.S. District Court for the District of New Hampshire. The plaintiffs claimed a hostile educational environment, gender discrimination, quid pro quo sexual harassment, and retaliation in violation of Title IX. Additionally, the plaintiff class claimed that the Trustees of Dartmouth College breached their fiduciary duties and negligently supervised and retained professors in violation of New Hampshire common law. The plaintiff class, represented by private counsel, sought declaratory, injunctive, and monetary relief.

Specifically, the plaintiff class claimed that three professors in the Department of Psychology and Brain Sciences leered at, groped, "sexted," intoxicated, and raped female students. The plaintiffs further alleged that though they had contacted Dartmouth’s Title IX office in April 2017, Dartmouth failed to take action. Twenty days after the plaintiffs had contacted Dartmouth’s Title IX office—after Dartmouth’s inaction—one plaintiff was sexually assaulted. At least 27 complainants came forward to participate in the Title IX investigation. Finally, the plaintiffs claimed that when Dartmouth finally did take action by beginning an investigation, it was unilaterally stopped in July and the three professors in question were allowed to resign or retire.

In the complaint, the plaintiffs defined the class as "every current and former female graduate and undergraduate student who has matriculated or will matriculate at Dartmouth in the Department of Psychological and Brain Sciences between March 31, 2015 and the date of judgment."

The case was assigned to District Judge Landya B. McCafferty.

On May 1, 2019, the plaintiffs filed an amended class action complaint, adding two more Jane Does and their factual allegations to the record. The defendants contested these two additional Jane Does proceeding under pseudonyms, but Judge McCafferty approved the plaintiffs' motions to proceed under pseudonym on January 29, 2020.

The parties quickly moved to settlement negotiations. On September 10, 2019, the parties jointly proposed a settlement agreement.

The parties modified the definition of the class slightly in this settlement agreement. The class include any female undergraduate or graduate student at Dartmouth that satisfies any of the following criteria: were graduate advisors or research assistants of the three former professors in the complaint, were graduate assistants in the Psychological and Brain Sciences Department that co-authored at least one paper based on lab research they conducted with the professors or co-authored three papers with the professors without lab work, were graduate students in the Department that do not fall into these categories but can attest to emotional and psychological harm, or undergraduate student research assistants of the three professors.

The parties did not include a specified monetary amount in the settlement agreement. Instead, they wrote that the defendant must pay a base amount of $1,000 for any class member that comes forward, that amount can increase based on an Independent Claim Expert's assessment of the severity of the claims, and that the defendant will pay the plaintiff's attorney fees.

Judge McCafferty preliminarily approved this settlement agreement on September 25, 2019. As of June 17, 2020, she has not granted final approval to the agreement, and notifications to the class are ongoing.

Summary Authors

Cianan Lesley (1/27/2019)

Ellen Aldin (6/17/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/8192829/parties/rapuano-v-trustees-of-dartmouth-college/


Judge(s)

McCafferty, Landya B. (New Hampshire)

Attorneys(s) for Plaintiff

Douglas, Charles G III (New Hampshire)

Kelly, Steven J (Maryland)

Marcuse, Deborah K (Maryland)

Sanford, David (New York)

Webbert, Austin (Maryland)

Wiitala, Nicole (New York)

Attorneys(s) for Defendant

Iyer, Sandhya (New Hampshire)

Kruzer, Lyndsey M (Massachusetts)

Lukey, Joan A (Massachusetts)

Judge(s)

McCafferty, Landya B. (New Hampshire)

Attorneys(s) for Plaintiff

Douglas, Charles G III (New Hampshire)

Kelly, Steven J (Maryland)

Marcuse, Deborah K (Maryland)

Sanford, David (New York)

Webbert, Austin (Maryland)

Wiitala, Nicole (New York)

Attorneys(s) for Defendant

Iyer, Sandhya (New Hampshire)

Kruzer, Lyndsey M (Massachusetts)

Lukey, Joan A (Massachusetts)

Wolosz, Justin J (Massachusetts)

Documents in the Clearinghouse

Document

1:18-cv-01070

Docket [PACER]

June 12, 2020

June 12, 2020

Docket
1

1:18-cv-01070

Complaint

Nov. 15, 2018

Nov. 15, 2018

Complaint
28

1:18-cv-01070

First Amended Class Action Complaint and Demand for Jury Trial

May 1, 2019

May 1, 2019

Complaint
45-1

1:18-cv-01070

Stipulation and Agreement of Settlement

Sept. 10, 2019

Sept. 10, 2019

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8192829/rapuano-v-trustees-of-dartmouth-college/

Last updated Aug. 6, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

NEW CASE/ COMPLAINT with Jury Demand Filing fee $ 400, receipt number 0102-1733216 filed by Marissa Evans, Sasha Brietzke, Jane Doe, Vassiki Chauhan, Annemarie Brown, Kristina Rapuano, Andrea Courtney. (Attachments: # 1 Civil Cover Sheet, # 2 Notice ECF Notice of Lawsuit, # 3 Summons - Waiver Waiver of Service)(Douglas, Charles) (Entered: 11/15/2018)

1 Civil Cover Sheet

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2 Notice ECF Notice of Lawsuit

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3 Summons - Waiver Waiver of Service

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Nov. 15, 2018

Nov. 15, 2018

RECAP

Case Assigned

Nov. 15, 2018

Nov. 15, 2018

PACER
2

Motion for Leave to Proceed Under Pseudonym filed by Sasha Brietzke, Annemarie Brown, Vassiki Chauhan, Andrea Courtney, Jane Doe, Marissa Evans, Kristina Rapuano. Follow up on Objection on 11/29/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law, # 2 Proposed Order)(Douglas, Charles) (Entered: 11/15/2018)

1 Memorandum of Law

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2 Proposed Order

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Nov. 15, 2018

Nov. 15, 2018

PACER
3

Motion Seeking a Protective Order Sealing Portions of the Court Record filed by Sasha Brietzke, Annemarie Brown, Vassiki Chauhan, Andrea Courtney, Jane Doe, Marissa Evans, Kristina Rapuano. Follow up on Objection on 11/29/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law, # 2 Proposed Order)(Douglas, Charles) (Entered: 11/15/2018)

1 Memorandum of Law

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2 Proposed Order

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Nov. 15, 2018

Nov. 15, 2018

PACER

Case assigned to Judge Joseph A. DiClerico, Jr. The case designation is: 1:18-cv-1070-JD. Please show this number with the judge designation on all future pleadings. (mc)

Nov. 15, 2018

Nov. 15, 2018

PACER
4

SEALED DECLARATION OF CHARLES G. DOUGLAS, III, ESQUIRE re: 3 Motion for Seeking a Protective Order Sealing Portions of the Court Record, 2 Motion for Leave to Proceed Under Pseudonym, at Level I filed by Sasha Brietzke, Annemarie Brown, Vassiki Chauhan, Andrea Courtney, Jane Doe, Marissa Evans, Kristina Rapuano. (mc) (Entered: 11/16/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
5

MOTION to Seal Exhibit A: SEALED DECLARATION OF CHARLES G. DOUGLAS, III, ESQUIRE filed by Sasha Brietzke, Annemarie Brown, Vassiki Chauhan, Andrea Courtney, Jane Doe, Marissa Evans, Kristina Rapuano.(mc) (Entered: 11/16/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER

Notice - ECF

Nov. 16, 2018

Nov. 16, 2018

PACER

NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. (mc)

Nov. 16, 2018

Nov. 16, 2018

PACER
6

Notice of Lawsuit/Waiver issued electronically as to Trustees of Dartmouth College. NOTICE: Counsel shall print and serve the notice/waiver and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: # 1 Notice ECF)(mc) (Entered: 11/16/2018)

1 Notice ECF

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Nov. 16, 2018

Nov. 16, 2018

PACER
7

WAIVER OF SERVICE Returned Executed as to Trustees of Dartmouth College by All Plaintiffs. Served/Mailed on 11/16/2018. Answer Follow Up on 1/18/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Douglas, Charles) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
8

NOTICE of Attorney Appearance by Joan A. Lukey on behalf of Trustees of Dartmouth College Attorney Joan A. Lukey added to party Trustees of Dartmouth College(pty:dft).(Lukey, Joan) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER
9

RESPONSE to Motion re 2 MOTION Motion for Leave to Proceed Under Pseudonym filed by Trustees of Dartmouth College. (Lukey, Joan) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

RECAP
10

RESPONSE to Motion re 3 MOTION Motion Seeking a Protective Order Sealing Portions of the Court Record filed by Trustees of Dartmouth College. (Lukey, Joan) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

RECAP
11

ORDER OF RECUSAL. Judge Joseph A. DiClerico, Jr. recused. So Ordered by Judge Joseph A. DiClerico, Jr.(ko) (Entered: 11/29/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER

Case Reassigned

Nov. 27, 2018

Nov. 27, 2018

PACER

Case reassigned to Chief Judge Landya B. McCafferty. The new case designation is: 1:18-cv-1070-LM. Please show this number with the correct judge designation on all further pleadings.(ko)

Nov. 27, 2018

Nov. 27, 2018

PACER
12

Assented to MOTION for Steven J. Kelly to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1739717.) filed by Sasha Brietzke, Annemarie Brown, Vassiki Chauhan, Andrea Courtney, Jane Doe, Marissa Evans, Kristina Rapuano. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Steven Kelly)(Douglas, Charles) (Entered: 11/30/2018)

1 Exhibit (Affidavit) Affidavit of Steven Kelly

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Nov. 30, 2018

Nov. 30, 2018

PACER
13

Assented to MOTION for Deborah K. Marcuse to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1739725.) filed by Sasha Brietzke, Annemarie Brown, Vassiki Chauhan, Andrea Courtney, Jane Doe, Marissa Evans, Kristina Rapuano. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Deborah Marcuse)(Douglas, Charles) (Entered: 11/30/2018)

1 Exhibit (Affidavit) Affidavit of Deborah Marcuse

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Nov. 30, 2018

Nov. 30, 2018

PACER

Order on Motion for Miscellaneous Relief

Nov. 30, 2018

Nov. 30, 2018

PACER
14

Assented to MOTION for Nicole Wiitala to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1739733.) filed by Sasha Brietzke, Annemarie Brown, Vassiki Chauhan, Andrea Courtney, Jane Doe, Marissa Evans, Kristina Rapuano. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Nicole Wiitala)(Douglas, Charles) (Entered: 11/30/2018)

1 Exhibit (Affidavit) Affidavit of Nicole Wiitala

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Nov. 30, 2018

Nov. 30, 2018

PACER

Order on Sealed Motion

Nov. 30, 2018

Nov. 30, 2018

PACER

ENDORSED ORDER granting in part 2 Motion for Leave to Proceed Under Pseudonym. Text of Order: Document number 2 is granted in part. The court finds exceptional circumstances warrant the use of a pseudonym for this plaintiff. The court has weighed the multi-factor balancing test, see Doe v. Megless, 654 F.3d 404, 408-09 (3d Cir. 2011), and finds that the balance of factors weighs heavily in favor of a pseudonym. However, as in Doe v. Trustees of Dartmouth Coll., No. 18-CV-040-LM, 2018 WL 2048385, at *7 (D.N.H. May 2, 2018), the court's order is limited to pretrial proceedings. Also, if, at any point during pretrial proceedings, Jane Doe's use of a pseudonym impacts whether she can act as a class representative, the court will reconsider this order. See In re Ashley Madison Customer Data Security Breach Litigation, MDL No. 2669, 2016 WL 1366616, at *4 (E.D. Mo. Apr. 6, 2016) (allowing anonymity for plaintiff as class member but not class representative). Accordingly, the parties shall use the pseudonym Jane Doe for this plaintiff and shall redact her true name from all documents in this case and refrain from revealing her true identity. The seal is at Level I. This protective order shall remain in effect until such time as a further order is issued. So Ordered by Chief Judge Landya B. McCafferty.(js)

Nov. 30, 2018

Nov. 30, 2018

PACER

ENDORSED ORDER granting 3 Motion Seeking a Protective Order Sealing Portions of the Court Record. Text of Order: The court grants this motion only to the extent it is consistent with the court's orders on document nos. 2 & 5. So Ordered by Chief Judge Landya B. McCafferty.(js)

Nov. 30, 2018

Nov. 30, 2018

PACER

Order on Motion to Appear Pro Hac Vice

Nov. 30, 2018

Nov. 30, 2018

PACER

ENDORSED ORDER RE 5 Motion to Seal Exhibit A: SEALED DECLARATION OF CHARLES G. DOUGLAS, III, ESQUIRE. Text of Order: Document number 4 (also referred to as "Exhibit A to the Motion for Leave to Proceed under a Pseudonym") is sealed at Level I for the same reasons, and under the same terms, outlined in the court's order granting, in part, document number 2. So Ordered by Chief Judge Landya B. McCafferty.(js)

Nov. 30, 2018

Nov. 30, 2018

PACER

ENDORSED ORDER granting 12 Assented to Motion for Steven J. Kelly to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Chief Judge Landya B. McCafferty.Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE.(js)

Nov. 30, 2018

Nov. 30, 2018

PACER

ENDORSED ORDER granting 13 Assented to Motion for Deborah K. Marcuse to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Chief Judge Landya B. McCafferty.Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE.(js)

Nov. 30, 2018

Nov. 30, 2018

PACER

ENDORSED ORDER granting 14 Assented to Motion for Nicole Wiitala to Appear Pro Hac Vice. Text of Order: Granted on the condition that Nicole Wiitala, Esq. submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Chief Judge Landya B. McCafferty. ECF Registration Deadline set for 12/10/2018.To access the online registration form, click HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE.(js)

Nov. 30, 2018

Nov. 30, 2018

PACER
15

NOTICE of Change of Address by Charles G. Douglas, III on behalf of Sasha Brietzke, Annemarie Brown, Vassiki Chauhan, Andrea Courtney, Jane Doe, Marissa Evans, Kristina Rapuano(Douglas, Charles) (Entered: 12/19/2018)

Dec. 19, 2018

Dec. 19, 2018

PACER
16

NOTICE of Change of Address by Charles G. Douglas, III on behalf of Sasha Brietzke, Annemarie Brown, Vassiki Chauhan, Andrea Courtney, Jane Doe, Marissa Evans, Kristina Rapuano(Douglas, Charles) (Entered: 12/19/2018)

Dec. 19, 2018

Dec. 19, 2018

PACER
17

Assented to MOTION for David Sanford to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1748512.) filed by Sasha Brietzke, Annemarie Brown, Vassiki Chauhan, Andrea Courtney, Jane Doe, Marissa Evans, Kristina Rapuano. (Attachments: # 1 Exhibit (Affidavit) Affidavit of David Sanford)(Douglas, Charles) (Entered: 12/20/2018)

1 Exhibit (Affidavit) Affidavit of David Sanford

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Dec. 20, 2018

Dec. 20, 2018

PACER
18

Assented to MOTION for Austin Webbert to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1748527.) filed by Sasha Brietzke, Annemarie Brown, Vassiki Chauhan, Andrea Courtney, Jane Doe, Marissa Evans, Kristina Rapuano. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Austin Webbert)(Douglas, Charles) (Entered: 12/20/2018)

1 Exhibit (Affidavit) Affidavit of Austin Webbert

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Dec. 20, 2018

Dec. 20, 2018

RECAP

ECF - Filing Error - Info Only

Dec. 26, 2018

Dec. 26, 2018

PACER

NOTICE of ECF Filing Error re: 15 Notice of Change of Address, 16 Notice of Change of Address filed by Marissa Evans, Kristina Rapuano, Andrea Courtney, Vassiki Chauhan, Jane Doe, Annemarie Brown, Sasha Brietzke. The login and password used must equal the /s/ name on the pleading. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1475.(js)

Dec. 26, 2018

Dec. 26, 2018

PACER

ENDORSED ORDER granting 18 Assented to Motion for Austin Webbert to Appear Pro Hac Vice. Text of Order: Granted on the condition that Austin Webbert, Esq. submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Chief Judge Landya B. McCafferty. ECF Registration Deadline set for 1/7/2019.To access the online registration form, click HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE.(js)

Dec. 27, 2018

Dec. 27, 2018

PACER

Order on Motion to Appear Pro Hac Vice

Dec. 27, 2018

Dec. 27, 2018

PACER

ENDORSED ORDER granting 17 Motion for David Sanford to Appear Pro Hac Vice. Text of Order: Granted on the condition that David Sanford, Esq. submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Chief Judge Landya B. McCafferty. ECF Registration Deadline set for 1/7/2019.To access the online registration form, click HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE.(js)

Dec. 27, 2018

Dec. 27, 2018

PACER
19

Assented to MOTION for Justin J. Wolosz to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1757033.) filed by Trustees of Dartmouth College. (Attachments: # 1 Exhibit A - Affidavit of Justin J. Wolosz)(Lukey, Joan) (Entered: 01/11/2019)

1 Exhibit A - Affidavit of Justin J. Wolosz

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Jan. 11, 2019

Jan. 11, 2019

PACER
20

Assented to MOTION for Lyndsey M. Kruzer to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1757100.) filed by Trustees of Dartmouth College. (Attachments: # 1 Exhibit A - Affidavit of Lyndsey M. Kruzer)(Lukey, Joan) (Entered: 01/11/2019)

1 Exhibit A - Affidavit of Lyndsey M. Kruzer

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Jan. 11, 2019

Jan. 11, 2019

PACER

ECF - Filing Error - Info Only

Jan. 14, 2019

Jan. 14, 2019

PACER

NOTICE of ECF Filing Error re: 19 Assented to MOTION for Justin J. Wolosz to Appear Pro Hac Vice, 20 Assented to MOTION for Lyndsey M. Kruzer to Appear Pro Hac Vice, filed by Trustees of Dartmouth College. Consistent with Supplemental Rules of Electronic Case Filing, affidavits prepared in the context of the litigation shall be filed in electronically converted PDF format and shall contain a /s/ signature for both the signator and the notary/jurat. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1475.(js)

Jan. 14, 2019

Jan. 14, 2019

PACER

ENDORSED ORDER granting 19 Motion for Justin J. Wolosz to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Chief Judge Landya B. McCafferty.Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE.(gla)

Jan. 14, 2019

Jan. 14, 2019

PACER

Order on Motion to Appear Pro Hac Vice

Jan. 14, 2019

Jan. 14, 2019

PACER

ENDORSED ORDER granting 20 Motion for Lyndsey M. Kruzer to Appear Pro Hac Vice. Text of Order: Granted on the condition that Lyndsey M. Kruzer, Esq. submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Chief Judge Landya B. McCafferty. ECF Registration Deadline set for 1/24/2019.To access the online registration form, click HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE.(gla)

Jan. 14, 2019

Jan. 14, 2019

PACER
21

NOTICE of Attorney Appearance by Justin J. Wolosz on behalf of Trustees of Dartmouth College (Attachments: # 1 Exhibit A - Certificate of Service)(Wolosz, Justin) (Entered: 01/15/2019)

1 Exhibit A - Certificate of Service

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Jan. 15, 2019

Jan. 15, 2019

PACER
22

NOTICE of Attorney Appearance by Lyndsey M. Kruzer on behalf of Trustees of Dartmouth College (Attachments: # 1 Exhibit A - Certificate of Service)(Kruzer, Lyndsey) (Entered: 01/15/2019)

1 Exhibit A - Certificate of Service

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Jan. 15, 2019

Jan. 15, 2019

PACER
23

Disclosure Statement by Trustees of Dartmouth College disclosing no parent company, no publicly traded company, and no merger agreement. (Lukey, Joan) (Entered: 01/15/2019)

Jan. 15, 2019

Jan. 15, 2019

PACER
24

ANSWER to 1 Complaint - New Case, with jury demand filed by Trustees of Dartmouth College.(Lukey, Joan) (Entered: 01/15/2019)

Jan. 15, 2019

Jan. 15, 2019

RECAP

NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 2/19/2019 10:00 AM before Chief Judge Landya B. McCafferty. Follow up on Discovery Plan 2/11/2019. (js)

Jan. 16, 2019

Jan. 16, 2019

PACER

Notice of Pretrial Conference

Jan. 16, 2019

Jan. 16, 2019

PACER
25

Proposed Discovery Plan of the Parties, Jointly Filed filed by Sasha Brietzke, Annemarie Brown, Vassiki Chauhan, Andrea Courtney, Jane Doe, Marissa Evans, Kristina Rapuano. (Marcuse, Deborah) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER

ENDORSED ORDER RE 25 Discovery Plan. Case Track: Complex. PRETRIAL CONFERENCE CANCELLED. Text of Order: Approved and adopted as a pretrial scheduling order with the following modifications: A discovery status conference with the court shall occur on March 2, 2020. Summary judgment motions shall be due on September 18, 2020. Trial shall occur during the 2-week period beginning on March 16, 2021. As the court has adopted the parties joint discovery schedule, there is no need for the February 19, 2019, pretrial conference, and it is cancelled. Trial: Two-week period beginning March 16, 2021. So Ordered by Chief Judge Landya B. McCafferty. Summary Judgment Motions due by 9/18/2020. Discovery deadline 3/1/2020. Discovery Status Conference set for 3/2/2020 02:00 PM before Chief Judge Landya B. McCafferty. At least 7 days prior to the date of the conference, the parties shall submit a joint statement regarding the status of discovery. Joint Statement regarding the status of discovery due by 2/24/2020. Mediation Follow Up on 12/15/2019.(js)

Feb. 12, 2019

Feb. 12, 2019

PACER

Order on Discovery Plan

Feb. 12, 2019

Feb. 12, 2019

PACER

TRIAL NOTICE: Jury Selection/Trial set for two week period beginning 3/16/2021 09:30 AM before Chief Judge Landya B. McCafferty. Final Pretrial Conference set for 3/1/2021 03:00 PM before Chief Judge Landya B. McCafferty. Pretrial Statements due 2/16/2021. JERS Statement due 2/16/2021. LR 16.2(d) Objections due 3/2/2021. (js)

Feb. 12, 2019

Feb. 12, 2019

PACER

Trial Notice

Feb. 12, 2019

Feb. 12, 2019

PACER
26

STIPULATION re: Electronic Discovery Protocol Joint Stipulation by Sasha Brietzke, Annemarie Brown, Vassiki Chauhan, Andrea Courtney, Jane Doe, Marissa Evans, Kristina Rapuano(Marcuse, Deborah) (Entered: 03/01/2019)

March 1, 2019

March 1, 2019

PACER
27

ORDER RE: ELECTRONIC DISCOVERY PROTOCOL. So Ordered by Chief Judge Landya B. McCafferty.(js) (Entered: 03/04/2019)

March 4, 2019

March 4, 2019

PACER
28

AMENDED COMPLAINT against Trustees of Dartmouth College with jury demand filed by Marissa Evans, Sasha Brietzke, Jane Doe, Vassiki Chauhan, Annemarie Brown, Kristina Rapuano, Andrea Courtney, Jane Doe 2, Jane Doe 3.(Marcuse, Deborah) (Entered: 05/01/2019)

May 1, 2019

May 1, 2019

PACER
29

MOTION To Proceed Under Pseudonym filed by Jane Doe 2. Follow up on Objection on 5/15/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). Certain exhibit(s) maintained conventionally in Clerks Office. (Attorney filers must submit conventional materials to the court within 72 hours.) (Attachments: # 1 Memorandum of Law, # 2 Notice ECF Notice of Conventional Filing, # 3 Proposed Order)(Marcuse, Deborah) (Entered: 05/01/2019)

1 Memorandum of Law

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2 Notice ECF Notice of Conventional Filing

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3 Proposed Order

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May 1, 2019

May 1, 2019

PACER
30

MOTION To Proceed Under Pseudonym filed by Jane Doe 3. Follow up on Objection on 5/15/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). Certain exhibit(s) maintained conventionally in Clerks Office. (Attorney filers must submit conventional materials to the court within 72 hours.) (Attachments: # 1 Memorandum of Law, # 2 Notice ECF Notice of Conventional Filing, # 3 Proposed Order)(Marcuse, Deborah) (Entered: 05/01/2019)

1 Memorandum of Law

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2 Notice ECF Notice of Conventional Filing

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3 Proposed Order

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May 1, 2019

May 1, 2019

PACER
32

MOTION to Seal re 31 SEALED DECLARATION OF CHARLES G. DOUGLAS, III, ESQUIRE re: 29 MOTION To Proceed Under Pseudonym filed by Jane Doe 2, Jane Doe 3. Follow up on Objection on 5/17/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law, # 2 Proposed Order)(js) (Entered: 05/03/2019)

1 Memorandum of Law

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2 Proposed Order

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May 3, 2019

May 3, 2019

PACER
33

Assented to MOTION to Extend Time to Answer or Otherwise Respond to Plaintiffs' First Amended Complaint filed by Trustees of Dartmouth College.(Lukey, Joan) (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

PACER

Order on Motion for Extension of Time to Answer

May 6, 2019

May 6, 2019

PACER

ENDORSED ORDER granting 33 Assented to Motion to Extend Time to Answer. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.(js)

May 6, 2019

May 6, 2019

PACER

Order on Motion to Extend Time to Answer

May 7, 2019

May 7, 2019

PACER
34

OBJECTION to 29 MOTION To Proceed Under Pseudonym, 30 MOTION To Proceed Under Pseudonym filed by Trustees of Dartmouth College. Follow up on Reply on 5/21/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Lukey, Joan) (Entered: 05/14/2019)

May 14, 2019

May 14, 2019

PACER
35

MOTION to Exceed Page Limitation filed by Jane Doe 2, Jane Doe 3. Follow up on Objection on 6/3/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Marcuse, Deborah) (Entered: 05/20/2019)

1 Proposed Order

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2 Certificate of Service

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May 20, 2019

May 20, 2019

PACER
36

FILED IN ERROR. MOTION FOR LEAVE FILED. REPLY to Objection to Motion re 29 MOTION To Proceed Under Pseudonym, 30 MOTION To Proceed Under Pseudonym filed by Jane Doe 2, Jane Doe 3. Surreply due by 5/28/2019. (Attachments: # 1 Exhibit Jane Doe 2 Declaration, # 2 Exhibit Jane Doe 3 Declaration)(Marcuse, Deborah) Modified on 5/23/2019 to add: Filed in error text(js). (Entered: 05/21/2019)

1 Exhibit Jane Doe 2 Declaration

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2 Exhibit Jane Doe 3 Declaration

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May 21, 2019

May 21, 2019

PACER

ECF - Filing Error - Action Required

May 22, 2019

May 22, 2019

PACER

NOTICE of ECF Filing Error re: 36 Reply to Objection to Motion, filed by Jane Doe 2, Jane Doe 3. Per Local Rule 7.1(e)(2)- A memorandum in reply to an objection or opposition to a nondispositive motion shall not be permitted without prior leave of court. Any motion for leave to file such a reply shall be filed within seven (7) days of the service of the objection or opposition to which the reply would respond and shall attach the proposed reply, which will be limited to five (5) pages, as an exhibit. Filer shall file the appropriate motion using the Motion for Leave to File event and enter in docket text: Replaces document no. 36. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1475.Compliance Deadline set for 5/30/2019.(js)

May 22, 2019

May 22, 2019

PACER
37

Assented to MOTION for Leave to File a Reply to Defendants' Consolidated Opposition to Plaintiffs' Motions to Proceed Under Pseudonym Replaces Document no. 36 filed by Jane Doe 2, Jane Doe 3. (Attachments: # 1 Exhibit Reply to Opposition to Motion)(Marcuse, Deborah) (Entered: 05/22/2019)

1 Exhibit Reply to Opposition to Motion

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May 22, 2019

May 22, 2019

PACER
38

NOTICE of Conditional Intent to File Surreply Memorandum by Trustees of Dartmouth College.(Lukey, Joan) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
39

Joint MOTION to Stay Pending Mediation filed by Trustees of Dartmouth College. Follow up on Objection on 6/7/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Lukey, Joan) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER

Order on Motion to Exceed

May 28, 2019

May 28, 2019

PACER

ENDORSED ORDER granting 35 Motion to Exceed Page Limitation. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.(js)

May 28, 2019

May 28, 2019

PACER

Order on Motion for Leave to File

May 28, 2019

May 28, 2019

PACER

ENDORSED ORDER granting 37 Motion for Leave to File a Reply to Defendants' Consolidated Opposition to Plaintiffs' Motions to Proceed Under Pseudonym. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Chief Judge Landya B. McCafferty. Miscellaneous Deadline set for 5/30/2019.(js)

May 28, 2019

May 28, 2019

PACER

Order on Motion to Stay

May 28, 2019

May 28, 2019

PACER

ENDORSED ORDER granting 39 Joint Motion to Stay Pending Mediation. Text of Order: Granted. The stay shall be lifted three days following the mediation (which is, as yet, unscheduled), or on July 31, 2019, whichever comes first. So Ordered by Chief Judge Landya B. McCafferty.(js)

May 28, 2019

May 28, 2019

PACER
40

Joint MOTION to Extend Time to Stay Pending Mediation [Expedited Treatment Requested] filed by Trustees of Dartmouth College. Follow up on Objection on 8/9/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Lukey, Joan) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER

Order on Motion to Extend Time

July 29, 2019

July 29, 2019

PACER

ENDORSED ORDER granting 40 Motion to Extend Time to Stay Pending Mediation. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.(gla)

July 29, 2019

July 29, 2019

PACER
41

Parties' Joint Report Following Mediation, and Joint Motion to Extend Stay to Allow Submission of Settlement Documents [Expedited Treatment Requested] by Trustees of Dartmouth College(Lukey, Joan) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

RECAP

~Util - Set Deadlines

Aug. 6, 2019

Aug. 6, 2019

PACER

Endorsed Order - not on motion

Aug. 6, 2019

Aug. 6, 2019

PACER

Order

Aug. 6, 2019

Aug. 6, 2019

PACER

ENDORSED ORDER RE 41 Parties' Joint Report Following Mediation, and Joint Motion to Extend Stay to Allow Submission of Settlement Documents. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.(js)

Aug. 6, 2019

Aug. 6, 2019

PACER
42

Assented to MOTION to Extend Time to Stay and Extend Deadline for Submission of Settlement Documents filed by Sasha Brietzke, Annemarie Brown, Vassiki Chauhan, Andrea Courtney, Jane Doe, Jane Doe 2, Jane Doe 3, Marissa Evans, Kristina Rapuano. (Attachments: # 1 Proposed Order)(Marcuse, Deborah) (Entered: 08/20/2019)

1 Proposed Order

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Aug. 20, 2019

Aug. 20, 2019

PACER
43

ORDER granting 42 Assented to Motion to Extend Time to Stay and Extend Deadline for Submission of Settlement Documents. So Ordered by Chief Judge Landya B. McCafferty.(js) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
44

Joint Assented to MOTION to Extend Time to Stay and Extend Deadline for Submission of Settlement Documents filed by Sasha Brietzke, Annemarie Brown, Vassiki Chauhan, Andrea Courtney, Jane Doe, Jane Doe 2, Jane Doe 3, Marissa Evans, Kristina Rapuano. (Attachments: # 1 Proposed Order)(Marcuse, Deborah) (Entered: 09/04/2019)

1 Proposed Order

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Sept. 4, 2019

Sept. 4, 2019

PACER

ENDORSED ORDER granting 44 Motion to Extend Time to Stay and Extend Deadline for Submission of Settlement Documents. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. Case Settlement Deadline 9/10/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(gla)

Sept. 4, 2019

Sept. 4, 2019

PACER

Order on Motion to Extend Time

Sept. 5, 2019

Sept. 5, 2019

PACER
45

Parties' Joint Submission of Proposed Class Action Settlement and Proposed Schedule for Briefing in Support Thereof by Trustees of Dartmouth College (Attachments: # 1 Exhibit 1 - Proposed Class Action Settlement)(Lukey, Joan) (Entered: 09/10/2019)

1 Exhibit 1 - Proposed Class Action Settlement

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Sept. 10, 2019

Sept. 10, 2019

PACER

~Util - Set Hearings

Sept. 16, 2019

Sept. 16, 2019

PACER

Endorsed Order - not on motion

Sept. 16, 2019

Sept. 16, 2019

PACER

ENDORSED ORDER re 45 Parties' Joint Submission of Proposed Class Action Settlement and Proposed Schedule for Briefing in Support Thereof. Text of Order: Approved. Hearing shall occur on October 17, 2019, at 10 am. So Ordered by Chief Judge Landya B. McCafferty. Preliminary Settlement Hearing set for 10/17/2019 10:00 AM before Chief Judge Landya B. McCafferty.(js)

Sept. 16, 2019

Sept. 16, 2019

PACER
46

Assented to MOTION to Exceed Page Limitation filed by Sasha Brietzke, Annemarie Brown, Vassiki Chauhan, Andrea Courtney, Jane Doe, Jane Doe 2, Jane Doe 3, Marissa Evans, Kristina Rapuano. (Attachments: # 1 Proposed Order)(Marcuse, Deborah) (Entered: 09/18/2019)

1 Proposed Order

View on PACER

Sept. 18, 2019

Sept. 18, 2019

PACER

Order on Motion to Exceed

Sept. 19, 2019

Sept. 19, 2019

PACER

ENDORSED ORDER granting 46 Motion to Exceed Page Limitation. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. (gla)

Sept. 19, 2019

Sept. 19, 2019

PACER

Case Details

State / Territory: New Hampshire

Case Type(s):

Education

Special Collection(s):

Title IX, Sexual Violence Investigations/Resolutions

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 15, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Current and former female graduate and undergraduate students who have matriculated or will matriculate at Dartmouth in the Department of Psychological and Brain Sciences between March 31, 2015 and the date of judgment. The class was granted.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Trustees (Hanover), Private Entity/Person

Defendant Type(s):

College/University

Case Details

Causes of Action:

State law

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2019 - None

Issues

General:

Assault/abuse by staff

Failure to discipline

Failure to supervise

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Non-government non-profit