Case: Ingber v. New York University

1:23-cv-10023 | U.S. District Court for the Southern District of New York

Filed Date: Nov. 14, 2023

Closed Date: July 11, 2024

Clearinghouse coding complete

Case Summary

This is a case about New York University’s (NYU) duty to protect its students from discrimination and whether it met that duty with respect to its Jewish students in the wake of the October 7 Hamas attack on Israel.  On November 14, 2023, three Jewish NYU students, represented by private counsel, filed a lawsuit in the United States District Court for Southern District of New York against NYU alleging that the university acted with deliberate indifference to antisemitism on its campus and faile…

This is a case about New York University’s (NYU) duty to protect its students from discrimination and whether it met that duty with respect to its Jewish students in the wake of the October 7 Hamas attack on Israel. 

On November 14, 2023, three Jewish NYU students, represented by private counsel, filed a lawsuit in the United States District Court for Southern District of New York against NYU alleging that the university acted with deliberate indifference to antisemitism on its campus and failed to enforce its anti-discrimination policies to protect its Jewish students. The complaint contained six separate legal claims. It alleged that NYU violated (1) Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.; (2) the New York Human Rights Law, § 296 et seq.; (3) the New York Civil Rights Law, § 40-c; (4) the New York City Human Rights Law, N.Y.C. Admin Code §§ 8-107(4), (17); (5) New York General Business Law §§ 349, 350, and (6) state contract law. The claims arose out of the University’s alleged failure to condemn Hamas after the October 7 attack on Israel and its alleged failure to discipline students and faculty who engaged in subsequent pro-Palestine demonstrations on campus, including specific acts of antisemitism. The complaint also alleged that NYU enforced its anti-discrimination policies more rigorously when similarly situated, non-Jewish students were discriminated against. The plaintiffs sought injunctive relief to require NYU to terminate the employment of administrators and faculty responsible for the discriminatory campus environment, compensatory and punitive damages, statutory penalties under the New York state laws, and attorneys’ fees. The case was assigned to District Judge Paul A. Crotty.

On January 31, 2024, the plaintiffs filed an amended complaint that added several individuals and Students Against Antisemitism as plaintiffs. The case was reassigned to Judge Loretta A. Preska later that year, on March 1. Later that month, on March 18, the defendants moved to dismiss the case.

On July 9, 2024, the Court approved a confidential settlement agreement. According to a statement by NYU, the agreement includes monetary terms, a requirement that NYU establish a new Title VI Coordinator position, and additional unspecified resources to combat antisemitism on campus.

The case is now closed.

Summary Authors

Terry Howard (11/23/2023)

Ted Molina (12/27/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68005916/parties/ingber-v-new-york-university/


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Documents in the Clearinghouse

Document
1

1:23-cv-10023

Complaint

Nov. 14, 2023

Nov. 14, 2023

Complaint
25

1:23-cv-10023

Amended Complaint

Jan. 31, 2024

Jan. 31, 2024

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68005916/ingber-v-new-york-university/

Last updated Jan. 30, 2025, 1:17 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against New York University. (Filing Fee $ 402.00, Receipt Number ANYSDC-28568206)Document filed by Bella Ingber, Saul Tawil, Sabrina Maslavi..(Kasowitz, Marc) (Entered: 11/14/2023)

Nov. 14, 2023

Nov. 14, 2023

Clearinghouse
2

CIVIL COVER SHEET filed..(Kasowitz, Marc) (Entered: 11/14/2023)

Nov. 14, 2023

Nov. 14, 2023

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to New York University, re: 1 Complaint. Document filed by Bella Ingber, Sabrina Maslavi, Saul Tawil..(Kasowitz, Marc) (Entered: 11/14/2023)

Nov. 14, 2023

Nov. 14, 2023

PACER
4

NOTICE OF APPEARANCE by Daniel R. Benson on behalf of Bella Ingber, Sabrina Maslavi, Saul Tawil..(Benson, Daniel) (Entered: 11/14/2023)

Nov. 14, 2023

Nov. 14, 2023

PACER
5

NOTICE OF APPEARANCE by Mark Paul Ressler on behalf of Bella Ingber, Sabrina Maslavi, Saul Tawil..(Ressler, Mark) (Entered: 11/14/2023)

Nov. 14, 2023

Nov. 14, 2023

PACER
6

NOTICE OF APPEARANCE by Joshua Eric Roberts on behalf of Bella Ingber, Sabrina Maslavi, Saul Tawil..(Roberts, Joshua) (Entered: 11/14/2023)

Nov. 14, 2023

Nov. 14, 2023

PACER
7

NOTICE OF APPEARANCE by Andrew Louis Schwartz on behalf of Bella Ingber, Sabrina Maslavi, Saul Tawil..(Schwartz, Andrew) (Entered: 11/14/2023)

Nov. 14, 2023

Nov. 14, 2023

PACER

Case Opening Initial Assignment Notice

Nov. 15, 2023

Nov. 15, 2023

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Crotty. Please download and review the Individual Practices of the assigned District Judge, located at 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 https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)

Nov. 15, 2023

Nov. 15, 2023

PACER

Magistrate Judge Sarah L. Cave is designated to handle matters that may be referred in this case. 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)

Nov. 15, 2023

Nov. 15, 2023

PACER

Case Designation

Nov. 15, 2023

Nov. 15, 2023

PACER

Case Designated ECF. (vf)

Nov. 15, 2023

Nov. 15, 2023

PACER

Case Designated ECF

Nov. 15, 2023

Nov. 15, 2023

PACER
8

ELECTRONIC SUMMONS ISSUED as to New York University. (vf) (Entered: 11/15/2023)

Nov. 15, 2023

Nov. 15, 2023

RECAP
9

AFFIDAVIT OF SERVICE of Summons and Complaint. New York University served on 11/15/2023, answer due 12/6/2023. Service was accepted by Ankita Sriprasad, Administrator of Legal Operations. Document filed by Bella Ingber; Saul Tawil; Sabrina Maslavi..(Kasowitz, Marc) (Entered: 11/28/2023)

Nov. 28, 2023

Nov. 28, 2023

PACER
10

AFFIDAVIT OF SERVICE of Complaint, Cover Letter, and Summons served on The New York City Commission on Human Rights on November 21, 2023. Service was accepted by Ariton Marke, Deputy Unit Chief. Document filed by Bella Ingber, Sabrina Maslavi, Saul Tawil..(Kasowitz, Marc) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

PACER
11

MOTION for Daniel M. Petrocelli to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28654587. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by New York University. (Attachments: # 1 Affidavit / Declaration of Daniel M. Petrocelli, # 2 Proposed Order Order for Admission Pro Hac Vice).(Petrocelli, Daniel) (Entered: 12/05/2023)

Dec. 5, 2023

Dec. 5, 2023

PACER
12

NOTICE OF APPEARANCE by Daniel L. Cantor on behalf of New York University..(Cantor, Daniel) (Entered: 12/05/2023)

Dec. 5, 2023

Dec. 5, 2023

PACER
13

LETTER MOTION for Extension of Time to Respond to Plaintiffs' Complaint addressed to Judge Paul A. Crotty from Daniel Cantor dated December 5,2023. Document filed by New York University. (Attachments: # 1 Proposed Order - Stipulation and [Proposed] Order Regarding Answer Schedule).(Cantor, Daniel) (Entered: 12/05/2023)

Dec. 5, 2023

Dec. 5, 2023

PACER
14

NOTICE OF APPEARANCE by Anton Metlitsky on behalf of New York University..(Metlitsky, Anton) (Entered: 12/05/2023)

Dec. 5, 2023

Dec. 5, 2023

PACER
15

NOTICE OF APPEARANCE by Jennifer Sokoler on behalf of New York University..(Sokoler, Jennifer) (Entered: 12/05/2023)

Dec. 5, 2023

Dec. 5, 2023

PACER
16

NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) New York University. Document filed by Saul Tawil. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Kasowitz, Marc) (Entered: 12/05/2023)

Dec. 5, 2023

Dec. 5, 2023

RECAP

Notice to Court Regarding Voluntary Dismissal

Dec. 6, 2023

Dec. 6, 2023

PACER

***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 16 Notice of Voluntary Dismissal, was reviewed and referred to Judge Paul A. Crotty for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp)

Dec. 6, 2023

Dec. 6, 2023

PACER

Notice Regarding Pro Hac Vice Motion

Dec. 6, 2023

Dec. 6, 2023

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 11 MOTION for Daniel M. Petrocelli to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28654587. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)

Dec. 6, 2023

Dec. 6, 2023

PACER
17

NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE BY SAUL TAWIL PLEASE TAKE NOTICE that, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Saul Tawil hereby notices the dismissal of his claims against Defendant New York University ("NYU"), without prejudice, prior to NYU serving an answer or a motion for summary judgment. This notice of dismissal shall not be construed as a dismissal by Plaintiffs Bella Ingber or Sabrina Maslavi. Plaintiffs Ingber and Maslavi's claims against NYU remain pending. Contents noted. SO ORDERED (Signed by Judge Paul A. Crotty on 12/7/2023) (ks) (Entered: 12/07/2023)

Dec. 7, 2023

Dec. 7, 2023

RECAP
18

STIPULATION AND ORDER REGARDING ANSWER SCHEDULE: IT IS NOW, THEREFORE, HEREBY STIPULATED AND AGREED, by and between Plaintiffs and NYU, through their undersigned attorneys and subject to the Court's approval, that: NYU's deadline to respond to the Complaint is moved to January 5, 2024. IT IS SO STIPULATED AND AGREED TO THIS 4TH OF DECEMBER 2023. SO ORDERED. (Signed by Judge Paul A. Crotty on 12/7/2023) New York University answer due 1/5/2024. (ks) (Entered: 12/07/2023)

Dec. 7, 2023

Dec. 7, 2023

RECAP
19

LETTER MOTION for Conference Pre-Motion (Individual Practice Motion Rule No. 3.B) addressed to Judge Paul A. Crotty from Daniel M. Petrocelli dated December 26, 2023. Document filed by New York University. (Attachments: # 1 Exhibit A: 10-Point Plan, # 2 Exhibit B: Update Regarding 10-Point Plan, # 3 Exhibit C: November 1, 2023 Communication Regarding Enforcing Policies, # 4 Exhibit D: NYU's Guidance and Expectations on Student Conduct).(Cantor, Daniel) (Entered: 12/26/2023)

1 Exhibit A: 10-Point Plan

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2 Exhibit B: Update Regarding 10-Point Plan

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3 Exhibit C: November 1, 2023 Communication Regarding Enforcing Policies

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4 Exhibit D: NYU's Guidance and Expectations on Student Conduct

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Dec. 26, 2023

Dec. 26, 2023

RECAP
20

LETTER RESPONSE to Motion addressed to Judge Paul A. Crotty from Marc E. Kasowitz dated December 29, 2023 re: 19 LETTER MOTION for Conference Pre-Motion (Individual Practice Motion Rule No. 3.B) addressed to Judge Paul A. Crotty from Daniel M. Petrocelli dated December 26, 2023. . Document filed by Bella Ingber, Sabrina Maslavi..(Kasowitz, Marc) (Entered: 12/29/2023)

Dec. 29, 2023

Dec. 29, 2023

RECAP
21

ORDER granting 11 Motion for Daniel M. Petrocelli to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo) (Entered: 01/02/2024)

Jan. 2, 2024

Jan. 2, 2024

PACER

Docket Annotation

Jan. 2, 2024

Jan. 2, 2024

PACER

Order on Motion to Appear Pro Hac Vice

Jan. 2, 2024

Jan. 2, 2024

PACER

Notice of Pre-Motion Conference: A Pre-Motion Conference is scheduled to go forward on: Tuesday, January 16, 2024 @ 2:45 PM, via teleconference Judge Paul A. Crotty. If the date is not convenient, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at: David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).(dgo)

Jan. 2, 2024

Jan. 2, 2024

PACER

Docket Annotation

Jan. 12, 2024

Jan. 12, 2024

PACER

CALENDAR ENTRY **REMINDER**: A remote pre-motion conference is scheduled to go forward on: Tuesday, January 16, 2024 @ 2:45 PM, via teleconference before Judge Paul A. Crotty, U.S.D.J. Dial-in: 888-363-4749. Access: 8539662----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)

Jan. 12, 2024

Jan. 12, 2024

PACER

Pre-Motion Conference

Jan. 16, 2024

Jan. 16, 2024

PACER

Minute Entry for proceedings held before Judge Paul A. Crotty: Pre-Motion Conference held on 1/16/2024. REMARK: Counsel for both sides appeared. The parties reported that plaintiffs will amend their complaint and will then propose an agreed upon briefing schedule. See transcript for details. (Court Reporter Sonya Huggins) (dgo)

Jan. 16, 2024

Jan. 16, 2024

PACER
22

LETTER MOTION for Conference addressed to Judge Paul A. Crotty from Jonathan Wallace dated January 25, 2024. Document filed by Andrew Ross..(Wallace, Jonathan) (Entered: 01/25/2024)

Jan. 25, 2024

Jan. 25, 2024

RECAP

Docket Annotation

Jan. 26, 2024

Jan. 26, 2024

PACER

DOCKET ANNOTATION: Plaintiffs and Defendant are directed to respond to Intervenor Defendant's 1/25/24 letter. Responses due by 1/31/24. SO ORDERED. (dgo)

Jan. 26, 2024

Jan. 26, 2024

PACER
23

LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Crotty from Daniel M. Petrocelli dated January 31, 2024 re: 22 LETTER MOTION for Conference addressed to Judge Paul A. Crotty from Jonathan Wallace dated January 25, 2024. . Document filed by New York University..(Petrocelli, Daniel) (Entered: 01/31/2024)

Jan. 31, 2024

Jan. 31, 2024

RECAP
24

LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Crotty from Marc E. Kasowitz dated January 31, 2024 re: 22 LETTER MOTION for Conference addressed to Judge Paul A. Crotty from Jonathan Wallace dated January 25, 2024. . Document filed by Bella Ingber, Sabrina Maslavi..(Kasowitz, Marc) (Entered: 01/31/2024)

Jan. 31, 2024

Jan. 31, 2024

RECAP
25

AMENDED COMPLAINT amending 1 Complaint against New York University with JURY DEMAND.Document filed by Sabrina Maslavi, Bella Ingber, Nevo Yemini, Avigail Teiler, Students Against Antisemitism, Inc.. Related document: 1 Complaint..(Kasowitz, Marc) (Entered: 01/31/2024)

Jan. 31, 2024

Jan. 31, 2024

Clearinghouse
26

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Students Against Antisemitism, Inc...(Kasowitz, Marc) (Entered: 01/31/2024)

Jan. 31, 2024

Jan. 31, 2024

PACER

Notice of Pre-Motion Conference: A Pre-Motion Conference is scheduled to go forward on: Tuesday, February 13, 2024 @ 3:00 PM, via teleconference before Judge Paul A. Crotty. Dial-in: 888-363-4749. Access: 8539662. If the date is not convenient, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at: David_C_Gonzalez@nysd.uscourts.gov. On the agenda is Mr. Ross' letter filed on January 25, 2024. ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).(dgo)

Feb. 5, 2024

Feb. 5, 2024

PACER

Docket Annotation

Feb. 5, 2024

Feb. 5, 2024

PACER
27

TRANSCRIPT of Proceedings re: CONFERENCE held on 1/16/2024 before Judge Paul A. Crotty. Court Reporter/Transcriber: Sonya Ketter Moore, (212) 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 3/4/2024. Redacted Transcript Deadline set for 3/14/2024. Release of Transcript Restriction set for 5/13/2024..(McGuirk, Kelly) (Entered: 02/12/2024)

Feb. 12, 2024

Feb. 12, 2024

PACER
28

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/16/2024 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....(McGuirk, Kelly) (Entered: 02/12/2024)

Feb. 12, 2024

Feb. 12, 2024

PACER
29

LETTER MOTION for Extension of Time to File Answer re: 25 Amended Complaint, addressed to Judge Paul A. Crotty from Daniel M. Petrocelli dated February 13, 2024. Document filed by New York University. (Attachments: # 1 Exhibit - Stipulation and [Proposed] Order for Briefing Schedule).(Petrocelli, Daniel) (Entered: 02/13/2024)

Feb. 13, 2024

Feb. 13, 2024

PACER
30

AFFIDAVIT OF SERVICE of Cover Letter and Amended Complaint served on Corporation Counsel on February 1, 2024. Service was accepted by Belinda Yee, Paralegal. Document filed by Bella Ingber, Sabrina Maslavi, Students Against Antisemitism, Inc., Saul Tawil, Avigail Teiler, Nevo Yemini..(Schwartz, Andrew) (Entered: 02/13/2024)

Feb. 13, 2024

Feb. 13, 2024

PACER
31

DECLARATION of Andrew L. Schwartz re: Service of the Amended Complaint upon the New York City Commission of Human Rights re: 25 Amended Complaint, . Document filed by Bella Ingber, Sabrina Maslavi, Students Against Antisemitism, Inc., Saul Tawil, Avigail Teiler, Nevo Yemini..(Schwartz, Andrew) (Entered: 02/13/2024)

Feb. 13, 2024

Feb. 13, 2024

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32

DECLARATION of Emily A. Lowe re: Service of the Amended Complaint upon New York Attorney General Letitia A. James re: 25 Amended Complaint, . Document filed by Bella Ingber, Sabrina Maslavi, Students Against Antisemitism, Inc., Saul Tawil, Avigail Teiler, Nevo Yemini..(Schwartz, Andrew) (Entered: 02/13/2024)

Feb. 13, 2024

Feb. 13, 2024

RECAP

Notice of Case Assignment/Reassignment

March 1, 2024

March 1, 2024

PACER

NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Paul A. Crotty is no longer assigned to the case..(tro)

March 1, 2024

March 1, 2024

PACER
33

LETTER addressed to Judge Loretta A. Preska from Jonathan Wallace dated March 13, 2024 re: Intervention Conference. Document filed by Andrew Ross..(Wallace, Jonathan) (Entered: 03/13/2024)

March 13, 2024

March 13, 2024

RECAP
34

STIPULATION AND ORDER FOR BRIEFING SCHEDULE: IT IS NOW, THEREFORE, HEREBY STIPULATED AND AGREED, by and between Plaintiffs and NYU, through their undersigned attorneys and subject to the Court's approval, that: 1. NYU's deadline to move to dismiss the amended complaint is Monday, March 18, 2024; 2. Plaintiffs' deadline to oppose NYU's motion is Monday, April 29, 2024; 3. NYU's deadline to file a reply in further support of its motion to dismiss the amended complaint is Tuesday, May 14, 2024; 4. NYU's opening brief and Plaintiffs' opposition brief shall be no longer than forty-five (45) pages each; and 5. NYU's reply brief shall be no longer than eighteen (18) pages. SO ORDERED. ( Motions due by 3/18/2024., Responses due by 4/29/2024, Replies due by 5/14/2024.) (Signed by Judge Loretta A. Preska on 3/13/2024) (ama) (Entered: 03/13/2024)

March 13, 2024

March 13, 2024

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35

ORDER: re: 22 LETTER MOTION for Conference. addressed to Judge Paul A. Crotty from Jonathan Wallace dated January 25, 2024 filed by Andrew Ross, Set Deadlines/Hearing as to 22 LETTER MOTION for Conference. addressed to Judge Paul A. Crotty from Jonathan Wallace dated January 25, 2024. The Court is in receipt of the letters filed by proposed Intervenor Andrew Ross, (see dkt. nos. 22, 33), as well as the letter responses filed by Plaintiffs and Defendant New York University, (see dkt. nos. 23, 24). Counsel for the parties and counsel for Mr. Ross shall appear for a conference at 10:00 a.m. on March 21, 2024, to address Mr. Ross's anticipated motion to intervene. The conference shall take place in Courtroom 12A, 500 Pearl Street, New York, New York 10007. SO ORDERED. :( Motion Hearing set for 3/21/2024 at 10:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 3/13/2024) (ama) (Entered: 03/13/2024)

March 13, 2024

March 13, 2024

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LETTER addressed to Judge Loretta A. Preska from Marc E. Kasowitz dated March 18, 2024 re: Response to proposed intervenor-defendant Andrew Ross's second letter to the Court (ECF 33). Document filed by Bella Ingber, Sabrina Maslavi, Students Against Antisemitism, Inc., Saul Tawil, Avigail Teiler, Nevo Yemini..(Kasowitz, Marc) (Entered: 03/18/2024)

March 18, 2024

March 18, 2024

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37

MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(1),(6) and to Strike Pursuant to Fed. R. Civ. P. 12(F). Document filed by New York University..(Petrocelli, Daniel) (Entered: 03/18/2024)

March 18, 2024

March 18, 2024

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38

MEMORANDUM OF LAW in Support re: 37 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(1),(6) and to Strike Pursuant to Fed. R. Civ. P. 12(F). (Redacted). Document filed by New York University..(Petrocelli, Daniel) (Entered: 03/18/2024)

March 18, 2024

March 18, 2024

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39

DECLARATION of Daniel L. Cantor in Support re: 37 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(1),(6) and to Strike Pursuant to Fed. R. Civ. P. 12(F).. Document filed by New York University. (Attachments: # 1 Exhibit A: 11/15/2023 Statement of President Mills, # 2 Exhibit B: Ten Point Plan, # 3 Exhibit C: 11/30/2023 Update on Ten Point Plan, # 4 Exhibit D: 11/1/2023 Message on Commitment to Enforcing Policies, # 5 Exhibit D-1: NYUs Guidance and Expectations on Student Conduct, # 6 Exhibit E: 10/10/2023 Statement on Israel, # 7 Exhibit F: 3/11/2024 Further Update on Ten Point Plan, # 8 Exhibit G: 1/23/2024 Message from President Mills, # 9 Exhibit H: 2/2/2024 Message on Reinforcing Expectations for Student Conduct, # 10 Exhibit I: 12/5/2023 Message from Jason Pina, # 11 Exhibit J: 1/25/2024 Statement regarding Amin Husain, # 12 Exhibit K: NYUs Student Conduct Policy, # 13 Exhibit K-1: NYUs Student Conduct Procedures, # 14 Exhibit L: SAA Articles of Incorporation, # 15 Exhibit M: 10/10/2023 Message to NYU Law Community, # 16 Exhibit N: 10/11/2023 Statement from NYU Law, # 17 Exhibit O: 7/24/2012 Restrictive Declaration, # 18 Exhibit P: 10/25/2023 Statement of John Beckman, # 19 Exhibit Q: 10/11/2023 Email from Rafael Rodriguez).(Petrocelli, Daniel) (Entered: 03/18/2024)

1 Exhibit A: 11/15/2023 Statement of President Mills

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2 Exhibit B: Ten Point Plan

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3 Exhibit C: 11/30/2023 Update on Ten Point Plan

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4 Exhibit D: 11/1/2023 Message on Commitment to Enforcing Policies

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5 Exhibit D-1: NYUs Guidance and Expectations on Student Conduct

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6 Exhibit E: 10/10/2023 Statement on Israel

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7 Exhibit F: 3/11/2024 Further Update on Ten Point Plan

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8 Exhibit G: 1/23/2024 Message from President Mills

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9 Exhibit H: 2/2/2024 Message on Reinforcing Expectations for Student Conduct

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10 Exhibit I: 12/5/2023 Message from Jason Pina

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11 Exhibit J: 1/25/2024 Statement regarding Amin Husain

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12 Exhibit K: NYUs Student Conduct Policy

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13 Exhibit K-1: NYUs Student Conduct Procedures

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14 Exhibit L: SAA Articles of Incorporation

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15 Exhibit M: 10/10/2023 Message to NYU Law Community

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16 Exhibit N: 10/11/2023 Statement from NYU Law

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17 Exhibit O: 7/24/2012 Restrictive Declaration

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18 Exhibit P: 10/25/2023 Statement of John Beckman

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19 Exhibit Q: 10/11/2023 Email from Rafael Rodriguez

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March 18, 2024

March 18, 2024

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40

DECLARATION of Jason Pina (Redacted) in Support re: 37 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(1),(6) and to Strike Pursuant to Fed. R. Civ. P. 12(F).. Document filed by New York University..(Petrocelli, Daniel) (Entered: 03/18/2024)

March 18, 2024

March 18, 2024

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41

LETTER MOTION to Seal re: Memorandum in Support of New York University's Motion to Dismiss and Supporting Declaration of Jason Pina addressed to Judge Loretta A. Preska from Daniel M. Petrocelli dated March 18, 2024. Document filed by New York University..(Petrocelli, Daniel) (Entered: 03/18/2024)

March 18, 2024

March 18, 2024

PACER
42

***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 37 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(1),(6) and to Strike Pursuant to Fed. R. Civ. P. 12(F). . Document filed by New York University. Motion or Order to File Under Seal: 41 .(Petrocelli, Daniel) (Entered: 03/18/2024)

March 18, 2024

March 18, 2024

PACER
43

***SELECTED PARTIES***DECLARATION of Jason Pina in Support re: 37 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(1),(6) and to Strike Pursuant to Fed. R. Civ. P. 12(F).. Document filed by New York University. Motion or Order to File Under Seal: 41 .(Petrocelli, Daniel) (Entered: 03/18/2024)

March 18, 2024

March 18, 2024

PACER
44

LETTER MOTION for Oral Argument addressed to Judge Loretta A. Preska from Daniel M. Petrocelli dated 3/18/2024. Document filed by New York University..(Petrocelli, Daniel) (Entered: 03/19/2024)

March 19, 2024

March 19, 2024

PACER

Minute Entry for proceedings held before Judge Loretta A. Preska: Interim Pretrial Conference held on 3/21/2024. (mph)

March 21, 2024

March 21, 2024

PACER
45

ORDER granting 41 Letter Motion to Seal. Accordingly, the Court grants NYU's unopposed motion to file under seal the unredacted versions of its memorandum of law in support of its motion to dismiss and the declaration of Jason Pina. NYU may file the redacted versions via ECF. The Clerk of the Court shall close docket entry number 41. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/25/2024) (tg) (Entered: 03/25/2024)

March 25, 2024

March 25, 2024

RECAP

Pretrial Conference - Interim

April 2, 2024

April 2, 2024

PACER
46

MOTION to Intervene as Defendant. Document filed by Andrew Ross..(Wallace, Jonathan) (Entered: 04/05/2024)

April 5, 2024

April 5, 2024

PACER
47

DECLARATION of Amene Husain in Support re: 46 MOTION to Intervene as Defendant.. Document filed by Andrew Ross..(Wallace, Jonathan) (Entered: 04/05/2024)

April 5, 2024

April 5, 2024

PACER
48

DECLARATION of Rebecca Karl in Support re: 46 MOTION to Intervene as Defendant.. Document filed by Andrew Ross. (Attachments: # 1 Exhibit Linda Mills email).(Wallace, Jonathan) (Entered: 04/05/2024)

April 5, 2024

April 5, 2024

PACER
49

TRANSCRIPT of Proceedings re: CONFERNECE held on 3/21/2024 before Judge Loretta A. Preska. Court Reporter/Transcriber: Rebecca Forman, (212) 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 4/26/2024. Redacted Transcript Deadline set for 5/6/2024. Release of Transcript Restriction set for 7/8/2024..(McGuirk, Kelly) (Entered: 04/05/2024)

April 5, 2024

April 5, 2024

PACER
50

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/21/2024 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....(McGuirk, Kelly) (Entered: 04/05/2024)

April 5, 2024

April 5, 2024

PACER
51

DECLARATION of Andrew Ross in Support re: 46 MOTION to Intervene as Defendant.. Document filed by Andrew Ross. (Attachments: # 1 Exhibit AAUP letter October 2023, # 2 Exhibit AAUP letter December 2023).(Wallace, Jonathan) (Entered: 04/06/2024)

April 6, 2024

April 6, 2024

PACER
52

MEMORANDUM OF LAW in Support re: 46 MOTION to Intervene as Defendant. . Document filed by Andrew Ross..(Wallace, Jonathan) (Entered: 04/06/2024)

April 6, 2024

April 6, 2024

RECAP
53

DECLARATION of Jonathan Wallace in Support re: 46 MOTION to Intervene as Defendant.. Document filed by Andrew Ross. (Attachments: # 1 Exhibit Proposed answer).(Wallace, Jonathan) (Entered: 04/06/2024)

April 6, 2024

April 6, 2024

PACER
54

ORDER: The Court is in receipt of the motion to intervene and supporting papers filed by Andrew Ross, Amene Husain, and Rebecca Karl (the "Proposed Intervenors"). (See dkt. nos. 46-48, 51-53.) Plaintiffs, Defendant New York University, and the Proposed Intervenors shall confer and inform the Court no later than April 19, 2024, of a proposed briefing schedule on the Proposed Intervenors' motion. In the alternative, Plaintiffs and Defendant New York University shall inform the Court no later than April 19, 2024, if they will instead rely upon the letters they have already submitted on the proposed intervention, (see dkt. nos. 23, 24), and the arguments they presented at the conference held on March 21, 2024. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/15/2024) (tg) (Entered: 04/15/2024)

April 15, 2024

April 15, 2024

RECAP
55

LETTER addressed to Judge Loretta A. Preska from Jonathan Wallace dated April 18, 2024 re: Briefing Schedule. Document filed by Andrew Ross..(Wallace, Jonathan) (Entered: 04/18/2024)

April 18, 2024

April 18, 2024

RECAP
56

MEMORANDUM OF LAW in Opposition re: 46 MOTION to Intervene as Defendant. . Document filed by Bella Ingber, Sabrina Maslavi, Students Against Antisemitism, Inc., Saul Tawil, Avigail Teiler, Nevo Yemini..(Kasowitz, Marc) (Entered: 04/19/2024)

April 19, 2024

April 19, 2024

RECAP
57

MEMO ENDORSEMENT on re: 55 Letter filed by Andrew Ross. ENDORSEMENT: The parties and the proposed intervenors shall file their briefs according to the schedule set forth above. SO ORDERED.( Replies due by 4/26/2024., Responses due by 4/19/2024) (Signed by Judge Loretta A. Preska on 4/19/2024) (vfr) (Entered: 04/19/2024)

April 19, 2024

April 19, 2024

PACER
58

MEMORANDUM OF LAW in Opposition re: 46 MOTION to Intervene as Defendant. . Document filed by New York University..(Petrocelli, Daniel) (Entered: 04/19/2024)

April 19, 2024

April 19, 2024

RECAP
59

DECLARATION of Jennifer B. Sokoler in Opposition re: 46 MOTION to Intervene as Defendant.. Document filed by New York University. (Attachments: # 1 Exhibit A - March 21, 2024 Transcript of Proceedings).(Petrocelli, Daniel) (Entered: 04/19/2024)

April 19, 2024

April 19, 2024

PACER
60

DECLARATION of Jonathan Wallace in Support re: 46 MOTION to Intervene as Defendant.. Document filed by Andrew Ross..(Wallace, Jonathan) (Entered: 04/24/2024)

April 24, 2024

April 24, 2024

PACER
61

MEMORANDUM OF LAW in Opposition re: 37 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(1),(6) and to Strike Pursuant to Fed. R. Civ. P. 12(F). . Document filed by Bella Ingber, Sabrina Maslavi, Students Against Antisemitism, Inc., Avigail Teiler, Nevo Yemini..(Kasowitz, Marc) (Entered: 04/29/2024)

April 29, 2024

April 29, 2024

RECAP
62

DECLARATION of Bella Ingber in Opposition re: 37 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(1),(6) and to Strike Pursuant to Fed. R. Civ. P. 12(F).. Document filed by Bella Ingber, Sabrina Maslavi, Avigail Teiler, Nevo Yemini..(Kasowitz, Marc) (Entered: 04/29/2024)

April 29, 2024

April 29, 2024

PACER
63

DECLARATION of SAA Member #2 in Opposition re: 37 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(1),(6) and to Strike Pursuant to Fed. R. Civ. P. 12(F).. Document filed by Bella Ingber, Students Against Antisemitism, Inc., Saul Tawil, Nevo Yemini..(Kasowitz, Marc) (Entered: 04/29/2024)

April 29, 2024

April 29, 2024

PACER
64

DECLARATION of Joshua E. Roberts in Opposition re: 37 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(1),(6) and to Strike Pursuant to Fed. R. Civ. P. 12(F).. Document filed by Bella Ingber, Sabrina Maslavi, Students Against Antisemitism, Inc., Avigail Teiler, Nevo Yemini. (Attachments: # 1 Exhibit 1: Non-Discrimination Policy, # 2 Exhibit 2: Dawkins Course Search Results).(Roberts, Joshua) (Entered: 04/29/2024)

April 29, 2024

April 29, 2024

PACER
65

LETTER MOTION to Seal addressed to Judge Loretta A. Preska from Marc E. Kasowitz dated April 29,2024. Document filed by Bella Ingber, Sabrina Maslavi, Students Against Antisemitism, Inc., Avigail Teiler, Nevo Yemini..(Kasowitz, Marc) (Entered: 04/30/2024)

April 30, 2024

April 30, 2024

PACER
66

ORDER granting 65 Letter Motion to Seal. Accordingly, the Court grants Plaintiffs' unopposed motion to file under seal the unredacted versions of the SAA Member #2 Declaration. The Court grants Plaintiffs' request to redact the portions of the Ingber Declaration that contain information about the race, religion, ethnicity, nationality, or gender of the members of SAA. The Court denies Plaintiffs' request to redact the portions of the Ingber Declaration that contain information about the numerosity of the membership of SAA. Plaintiffs shall submit to the Court and to counsel for Defendant a version of the Ingber Declaration with proposed redactions that comport with the parameters described in this order. Such proposed redactions shall be submitted no later than May 14, 2024. The Clerk of the Court shall close docket entry number 65. (Signed by Judge Loretta A. Preska on 5/7/2024) (rro) (Entered: 05/08/2024)

May 7, 2024

May 7, 2024

RECAP
67

DECLARATION of Bella Ingber in Opposition re: 37 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(1),(6) and to Strike Pursuant to Fed. R. Civ. P. 12(F).. Document filed by Bella Ingber, Sabrina Maslavi, Avigail Teiler, Nevo Yemini..(Kasowitz, Marc) (Entered: 05/10/2024)

May 10, 2024

May 10, 2024

PACER
68

ORDER granting 44 Letter Motion for Oral Argument. In addition, the Court hereby grants Defendant's motion requesting oral argument, (see dkt. no. 44), on its motion to dismiss Plaintiffs' Amended Complaint, (see dkt. no. 37.) Plaintiffs' and Defendant's oral argument on Defendant's motion to dismiss shall also take place at 10:00 a.m. on June 12, 2024. The arguments on June 12, 2024, shall take place in Courtroom 12A, 500 Pearl Street, New York, New York 10007. The Clerk of the Court is directed to close docket entry 44. (Signed by Judge Loretta A. Preska on 5/13/2024) (ate) (Entered: 05/13/2024)

May 13, 2024

May 13, 2024

RECAP

Set/Reset Hearings: Oral Argument set for 6/12/2024 at 10:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska. (ate)

May 13, 2024

May 13, 2024

PACER
69

SEALED DOCUMENT placed in vault..(jus) (Entered: 05/14/2024)

May 14, 2024

May 14, 2024

PACER

Sealed Document

May 14, 2024

May 14, 2024

PACER
70

NOTICE OF APPEARANCE by Jillian Roffer on behalf of Bella Ingber, Sabrina Maslavi, Students Against Antisemitism, Inc., Avigail Teiler, Nevo Yemini..(Roffer, Jillian) (Entered: 05/14/2024)

May 14, 2024

May 14, 2024

PACER
71

NOTICE OF APPEARANCE by Andrew Charles Bernstein on behalf of Bella Ingber, Sabrina Maslavi, Students Against Antisemitism, Inc., Avigail Teiler, Nevo Yemini..(Bernstein, Andrew) (Entered: 05/14/2024)

May 14, 2024

May 14, 2024

PACER
72

REPLY MEMORANDUM OF LAW in Support re: 37 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(1),(6) and to Strike Pursuant to Fed. R. Civ. P. 12(F). . Document filed by New York University..(Petrocelli, Daniel) (Entered: 05/14/2024)

May 14, 2024

May 14, 2024

RECAP
73

DECLARATION of Daniel L. Cantor in Support re: 37 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(1),(6) and to Strike Pursuant to Fed. R. Civ. P. 12(F).. Document filed by New York University. (Attachments: # 1 Exhibit 1- April 29, 2024 statement of NYU Spokesperson John Beckman, # 2 Exhibit 2- May 1, 2024 message of President Linda G. Mills).(Petrocelli, Daniel) (Entered: 05/14/2024)

May 14, 2024

May 14, 2024

PACER

Case Details

State / Territory: New York

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Nov. 14, 2023

Closing Date: July 11, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three Jewish NYU students.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New York University (New York City, New York), None

Defendant Type(s):

College/University

Case Details

Causes of Action:

State law

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

General/Misc.:

Failure to discipline

Failure to supervise

Pattern or Practice

School/University policies

Discrimination Basis:

National origin discrimination

Religion discrimination