Case: John Doe v. New York University

COMPLAINT against New York University. (Filing Fee $ 405.00, Receipt Number 23861)Document filed by John Doe..(pc) (pc). (Additional attachment(s) added on 1/30/2024: # 1 Exhibit 1, # 2 Exhibit 2) (gp). (Entered: 12/01/2023)

Sealed Document

Civil Cover Sheet

Complaint

Case Designation

CIVIL COVER SHEET filed..(pc) (pc). (Entered: 12/01/2023)

Case Designated ECF

Remark

Magistrate Judge Sarah Netburn 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. (pc)

Case Designated ECF. (pc)

SEALED DOCUMENT placed in vault..(jus) (Entered: 12/01/2023)

DOCUMENTS TO BE SEALED (Signed by Judge Victor Marrero on 11/21/2023) (pc) (Entered: 12/01/2023)

ORDER REDACTING PLEADING FILED IN 23MC398. Document filed by John Doe..(pc)

REQUEST FOR ISSUANCE OF SUMMONS as to New York University, re: 1 Complaint. Document filed by John Doe..(Berutti, Ronald) (Entered: 12/01/2023)

MOTION for Jonathan Franklin Mitchell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28642004. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Doe. (Attachments: # 1 Affidavit Pro Hac Vice Admission Affidavit, # 2 Exhibit Texas Certificate of Good Standing, # 3 Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice).(Mitchell, Jonathan) (Entered: 12/02/2023)

1 Affidavit Pro Hac Vice Admission Affidavit

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2 Exhibit Texas Certificate of Good Standing

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3 Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice

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Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 6 MOTION for Jonathan Franklin Mitchell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28642004. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)

MOTION for Christopher E. Mills to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28642743. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Doe. (Attachments: # 1 Affidavit Affidavit of Christopher E. Mills, # 2 Exhibit South Carolina Certificate of Good Standing, # 3 Exhibit District of Columbia Certificate of Good Standing, # 4 Proposed Order Proposed Order).(Mills, Christopher) (Entered: 12/04/2023)

Order on Motion to Appear Pro Hac Vice

ORDER granting 6 Motion for Jonathan Franklin Mitchell to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (al) (Entered: 12/04/2023)

ELECTRONIC SUMMONS ISSUED as to New York University. (vf) (Entered: 12/04/2023)

FIRST MOTION to Expedite Discovery Pursuant to F.R.C.P. 26(d)(1). Document filed by John Doe. (Attachments: # 1 Supplement Memorandum of Law, # 2 Proposed Order to Expedite Discovery).(Berutti, Ronald) (Entered: 12/04/2023)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 7 MOTION for Christopher E. Mills to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28642743. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah Netburn. SO ORDERED. Motions referred to Sarah Netburn. (Signed by Judge Vernon S. Broderick on 12/5/2023) (jca) (Entered: 12/05/2023)

ORDER granting 7 Motion for Christopher E. Mills to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (al) (Entered: 12/06/2023)

Order on Motion to Appear Pro Hac Vice

Note to Attorney to E-Mail PDF

Order on Motion to Expedite

***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Ronald A. Berutti for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 2 Civil Cover Sheet, 1 Complaint to: caseopenings@nysd.uscourts.gov. (pc)

ORDER denying without prejudice 10 Letter Motion to Expedite Discovery. Plaintiff's motion to expedite discovery is filed before Plaintiff has even served Defendant. Accordingly, it is denied as premature. Plaintiff may renew this motion after Defendant has appeared. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 12/07/2023)

AFFIDAVIT OF SERVICE of Summons and Complaint. John Doe served on 12/8/2023, answer due 12/29/2023. Service was accepted by Christina Duncker. Document filed by John Doe..(Berutti, Ronald) (Entered: 12/19/2023)

NOTICE OF APPEARANCE by Roberta Ann Kaplan on behalf of New York University..(Kaplan, Roberta) (Entered: 12/21/2023)

NOTICE OF APPEARANCE by Gabrielle Tenzer on behalf of New York University..(Tenzer, Gabrielle) (Entered: 12/21/2023)

NOTICE OF APPEARANCE by Raymond P. Tolentino on behalf of New York University..(Tolentino, Raymond) (Entered: 12/21/2023)

NOTICE OF APPEARANCE by Amit Jain on behalf of New York University..(Jain, Amit) (Entered: 12/21/2023)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York University..(Kaplan, Roberta) (Entered: 12/21/2023)

LETTER MOTION for Extension of Time for Defendant to move to dismiss the complaint and request to defer ruling on expedited discovery addressed to Magistrate Judge Sarah Netburn from Roberta A. Kaplan dated December 21, 2023. Document filed by New York University..(Kaplan, Roberta) (Entered: 12/21/2023)

LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Christopher Mills dated Dec. 22, 2023 re: 20 LETTER MOTION for Extension of Time for Defendant to move to dismiss the complaint and request to defer ruling on expedited discovery addressed to Magistrate Judge Sarah Netburn from Roberta A. Kaplan dated December 21, 2023. . Document filed by John Doe..(Mills, Christopher) (Entered: 12/22/2023)

Order on Motion for Extension of Time

LETTER addressed to Magistrate Judge Sarah Netburn from Raymond P. Tolentino dated December 22, 2023 re: Reply in Support of Dkt 20 LETTER MOTION for Extension of Time for Defendant to move to dismiss the complaint and request to defer ruling on expedited discovery. Document filed by New York University..(Tolentino, Raymond) (Entered: 12/22/2023)

LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah Netburn from Christopher Mills dated Dec. 22, 2023 re: 20 LETTER MOTION for Extension of Time for Defendant to move to dismiss the complaint and request to defer ruling on expedited discovery addressed to Magistrate Judge Sarah Netburn from Roberta A. Kaplan dated December 21, 2023. Supplemental. Document filed by John Doe..(Mills, Christopher) (Entered: 12/22/2023)

ORDER granting 20 Letter Motion for Extension of Time. Defendant's unopposed request to extend the deadline to respond to Plaintiff's complaint is GRANTED. Defendant shall file its motion to dismiss by January 29, 2024, Plaintiff shall file his opposition by February 29, 2024, and Defendant shall file its reply by March 21, 2024. Separately, the parties shall appear on Wednesday, January 10, 2024, at 10:00 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, NY. The purpose of this conference is to address Plaintiff's request for expedited discovery. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 12/22/2023)

SECOND MOTION to Expedite Discovery. Document filed by John Doe. (Attachments: # 1 Supplement Memorandum of Law, # 2 Proposed Order to Expedite Discovery).(Mills, Christopher) (Entered: 12/22/2023)

Set/Reset Hearings: Discovery Hearing set for 1/10/2024 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. (dsh)

LETTER addressed to Magistrate Judge Sarah Netburn from Roberta A. Kaplan dated December 27, 2023 re: Seeking Clarification Regarding Briefing on Plaintiff's Renewed Motion for Expedited Discovery. Document filed by New York University..(Kaplan, Roberta) (Entered: 12/27/2023)

MEMO ENDORSEMENT on re: 26 Letter, filed by New York University. ENDORSEMENT: The Court believes the January 10, 2024 conference would be more productive having received in advance Defendant's response to Plaintiff's motion for expedited discovery. Accordingly, Defendant shall file its opposition by January 8, 2024, SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 12/28/2023) (dsh) (Entered: 12/29/2023)

MEMORANDUM OF LAW in Opposition re: 25 SECOND MOTION to Expedite Discovery. . Document filed by New York University..(Kaplan, Roberta) (Entered: 01/08/2024)

LETTER MOTION for Oral Argument to be Permitted Virtually addressed to Magistrate Judge Sarah Netburn from Christopher Mills dated Jan. 9, 2024. Document filed by John Doe..(Mills, Christopher) (Entered: 01/09/2024)

Order on Motion for Oral Argument

LETTER addressed to Magistrate Judge Sarah Netburn from Roberta A. Kaplan dated January 9, 2024 re: Plaintiff's request for virtual option for conference. Document filed by New York University..(Kaplan, Roberta) (Entered: 01/09/2024)

ORDER denying in part 29 Letter Motion to Appear Remotely. It is the Court's view that an in-person appearance will be more productive and will allow for a clearer record of the proceedings. In light of the potential for travel delays, the Court will delay the conference to 3:30 p.m. on Wednesday, January 10. In the alternative, the Court can adjourn the conference to 9:45 a.m. on Thursday, January 11. If If Plaintiff's counsel still seeks an accommodation to appear remotely, counsel shall file a renewed letter. Unless the Court hears otherwise - by joint letter from all parties - the conference will proceed at 3:30 p.m. on Wednesday, January 10, in Courtroom 219. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 01/09/2024)

Set/Reset Hearings: Discovery Hearing set for 1/10/2024 at 03:30 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. (dsh)

ORDER denying without prejudice 25 Letter Motion to Expedite. For the reasons stated on the record, Plaintiff's motion for expedited discovery is DENIED without prejudice. The Clerk of Court shall terminate the motion at ECF No. 25. Once the NYU Law Review has issued its operative criteria for selection to the Law Review, the parties may meet and confer to discuss whether limited and targeted discovery in aid of an anticipated motion for preliminary injunctive relief is appropriate. If the parties cannot reach agreement, Plaintiff may renew his application at the appropriate time. Any renewed application should include the precise discovery requests that Plaintiff seeks to serve. The parties are further encouraged to meet and confer on whether to consent to my jurisdiction for all purposes or for a limited purpose of resolving the motion to dismiss. 28 U.S.C. § 636(c). The parties may also agree to modify the briefing schedule for the motion to dismiss. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 1/10/2024) (mml) (Entered: 01/10/2024)

Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Discovery Hearing held on 1/10/2024. See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (Court Reporter Present). (dsh) (Entered: 01/11/2024)

TRANSCRIPT of Proceedings re: CONFERNECE held on 1/10/2024 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Sharonda Jones, (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 2/6/2024. Redacted Transcript Deadline set for 2/16/2024. Release of Transcript Restriction set for 4/15/2024..(McGuirk, Kelly) (Entered: 01/16/2024)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/10/2024 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: 01/16/2024)

MOTION to Certify Class . Document filed by John Doe. Responses due by 2/7/2024 (Attachments: # 1 Exhibit Memorandum of Law, # 2 Proposed Order Proposed Order).(Mills, Christopher) (Entered: 01/24/2024)

JOINT LETTER MOTION to Expedite Briefing Schedule on Defendant's Motion to Dismiss addressed to Magistrate Judge Sarah Netburn from Roberta A. Kaplan dated January 25, 2024. Document filed by New York University..(Kaplan, Roberta) (Entered: 01/25/2024)

ORDER granting 37 Letter Motion to Expedite. The parties' joint request to modify the motion to dismiss briefing schedule is GRANTED. The Court adopts the proposed deadlines. Additionally, Plaintiff filed a motion for class certification. The parties shall meet and confer on proposed briefing schedules for that motion. In the alternative, Defendant shall file its opposition brief by February 20, 2024. Plaintiff shall file his reply, if any, by March 1, 2024. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 01/26/2024)

Order on Motion to Expedite

Order on Motion to Withdraw as Attorney

MOTION for Raymond P. Tolentino to Withdraw as Attorney . Document filed by New York University..(Tolentino, Raymond) (Entered: 01/26/2024)

DECLARATION of Raymond P. Tolentino in Support re: 39 MOTION for Raymond P. Tolentino to Withdraw as Attorney .. Document filed by New York University..(Tolentino, Raymond) (Entered: 01/26/2024)

ORDER granting 39 Motion to Withdraw as Attorney. Attorney Raymond P. Tolentino terminated. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 01/26/2024)

MOTION to Dismiss the Complaint. Document filed by New York University..(Kaplan, Roberta) (Entered: 01/29/2024)

MEMORANDUM OF LAW in Support re: 42 MOTION to Dismiss the Complaint. . Document filed by New York University..(Kaplan, Roberta) (Entered: 01/29/2024)

DECLARATION of Gabrielle E. Tenzer in Support re: 42 MOTION to Dismiss the Complaint.. Document filed by New York University. (Attachments: # 1 Exhibit A - Transcript of January 10, 2024 conference).(Tenzer, Gabrielle) (Entered: 01/29/2024)

LETTER MOTION to Continue / request to adjourn briefing on Plaintiff's Motion to Certify Class addressed to Magistrate Judge Sarah Netburn from Roberta A. Kaplan dated January 30, 2024. Document filed by New York University..(Kaplan, Roberta) (Entered: 01/30/2024)

LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Christopher Mills dated February 2, 2024 re: 45 LETTER MOTION to Continue / request to adjourn briefing on Plaintiff's Motion to Certify Class addressed to Magistrate Judge Sarah Netburn from Roberta A. Kaplan dated January 30, 2024. . Document filed by John Doe..(Mills, Christopher) (Entered: 02/02/2024)

ORDER granting 45 Letter Motion to Continue. Briefing on Plaintiff's motion for class certification is ADJOURNED pending the Court's decision on Defendant's motion to dismiss. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 02/05/2024)

Order on Motion to Continue

RESPONSE in Opposition to Motion re: 42 MOTION to Dismiss the Complaint. . Document filed by John Doe..(Mills, Christopher) (Entered: 02/20/2024)

NOTICE OF APPEARANCE by Joshua Adam Matz on behalf of New York University..(Matz, Joshua) (Entered: 03/01/2024)

REPLY MEMORANDUM OF LAW in Support re: 42 MOTION to Dismiss the Complaint. . Document filed by New York University..(Kaplan, Roberta) (Entered: 03/01/2024)

OPINION & ORDER re: 42 MOTION to Dismiss the Complaint. filed by New York University, 36 MOTION to Certify Class . filed by John Doe. For these reasons, NYU's motion to dismiss is GRANTED without prejudice. Doe's motion to certify the class is DENIED as moot. The Clerk of Court is respectfully directed to terminate the motions pending at Docs. 36 and 42 and close this case. (Signed by Judge Vernon S. Broderick on 5/30/2024) (rro) Transmission to Orders and Judgments Clerk for processing. (Entered: 05/30/2024)

CLERK'S JUDGMENT re: 51 Memorandum & Opinion in favor of New York University against John Doe. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated May 30, 2024, NYU's motion to dismiss is GRANTED without prejudice. Doe's motion to certify the class is DENIED as moot. Accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 5/30/2024) (Attachments: # 1 Appeal Package) (tp) (Entered: 05/30/2024)

1 Appeal Package

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Letter