Case: Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP) v. Northwestern University

1:24-cv-05558 | U.S. District Court for the Northern District of Illinois

Filed Date: July 2, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit alleges that Northwestern University's law school discriminated against white, heterosexual, cisgender men in hiring practices and in law review publication decisions. On July 2, 2024, Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP), a non-profit organization represented by the America First Legal Foundation and private counsel, filed this lawsuit in the U.S. District Court for the Northern District of Illinois. Plaintiff sued Northwestern University, the dean …

This lawsuit alleges that Northwestern University's law school discriminated against white, heterosexual, cisgender men in hiring practices and in law review publication decisions.

On July 2, 2024, Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP), a non-profit organization represented by the America First Legal Foundation and private counsel, filed this lawsuit in the U.S. District Court for the Northern District of Illinois. Plaintiff sued Northwestern University, the dean and three professors of law at Northwestern University School of Law, and the editor-in-chief and senior equity and inclusion editor of the Northwestern University Law Review. Plaintiff alleged that the Defendants discriminated against white, heterosexual, cisgender men in the appointment of faculty as well as in the selection of articles, editors, and members for the Northwestern University Law Review, in violation of Title VI, Title IX, and 42 U.S.C. § 1981. Plaintiffs sought a declaratory judgment, injunctive relief, and costs and attorney’s fees. The case was assigned to Judge John J. Tharp, Jr., then reassigned to Judge Sara L. Ellis on July 17, 2024.

On September 30, 2024, Plaintiffs filed their first amended complaint, which raised the same legal claims as their initial complaint. Defendants filed a motion to dismiss the amended complaint the following month, on October 28. As of January 17, 2025, the case is ongoing.

Summary Authors

Afrore Shaipi (12/29/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68909496/parties/faculty-alumni-and-students-opposed-to-racial-preferences-fasorp-v/


show all people

Documents in the Clearinghouse

Document
1

1:24-cv-05558

Complaint

July 2, 2024

July 2, 2024

Complaint
18

1:24-cv-05558

Defendants' Motion to Dismiss

Sept. 9, 2024

Sept. 9, 2024

Pleading / Motion / Brief
25

1:24-cv-05558

First Amended Complaint

Sept. 30, 2024

Sept. 30, 2024

Complaint
32

1:24-cv-05558

Defendants Motion to Dismiss

Oct. 28, 2024

Oct. 28, 2024

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68909496/faculty-alumni-and-students-opposed-to-racial-preferences-fasorp-v/

Last updated March 9, 2025, 9:43 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP); Filing fee $ 405, receipt number AILNDC-22203878. (Attachments: # 1 Civil Cover Sheet)(Mitchell, Jonathan) (Entered: 07/02/2024)

1 Civil Cover Sheet

View on PACER

July 2, 2024

July 2, 2024

Clearinghouse

CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (khg, )

July 2, 2024

July 2, 2024

PACER

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (khg, )

July 2, 2024

July 2, 2024

PACER
2

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22213121. Judd E. Stone II (Stone, Judd) (Entered: 07/05/2024)

July 5, 2024

July 5, 2024

Clearinghouse
3

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22213139. Christopher D. Hilton (Hilton, Christopher) (Entered: 07/05/2024)

July 5, 2024

July 5, 2024

PACER
4

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22213144. Ari Cuenin (Ari, Cuenin) (Entered: 07/05/2024)

July 5, 2024

July 5, 2024

PACER
5

Appear Pro Hac Vice

July 16, 2024

July 16, 2024

PACER
6

MINUTE entry before the Honorable John J. Tharp, Jr: Case reassigned to the Honorable Sara L. Ellis for all further proceedings pursuant to IOP 13(f)(1). Mailed notice (Attachments: # 1 Request for Reassignment) (ph, ) (Entered: 07/17/2024)

1

View on RECAP

July 17, 2024

July 17, 2024

PACER
7

WAIVER OF SERVICE returned executed by Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP). Jazmyne Denman waiver sent on 7/2/2024, answer due 9/2/2024; Sarah Lawsky waiver sent on 7/2/2024, answer due 9/2/2024; Janice Nadler waiver sent on 7/2/2024, answer due 9/2/2024; Northwestern University waiver sent on 7/2/2024, answer due 9/2/2024; Hari Osofsky waiver sent on 7/2/2024, answer due 9/2/2024; Daniel Rodriguez waiver sent on 7/2/2024, answer due 9/2/2024; Dheven Unni waiver sent on 7/2/2024, answer due 9/2/2024. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Mitchell, Jonathan) (Entered: 07/23/2024)

July 23, 2024

July 23, 2024

PACER
8

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22301963. -Danielle Conley (Conley, Danielle) (Entered: 07/30/2024)

July 30, 2024

July 30, 2024

PACER
9

ATTORNEY Appearance for Defendants Jazmyne Denman, Sarah Lawsky, Janice Nadler, Northwestern University, Hari Osofsky, Daniel Rodriguez, Dheven Unni by Sean M. Berkowitz (Berkowitz, Sean) (Entered: 07/30/2024)

July 30, 2024

July 30, 2024

PACER
10

ORDER: Motions for leave to appear pro hac vice 2, 3, 4 . 5 and 8 are granted. The initial status conference in this matter is set for 9/25/2024 at 9:30 a.m. The parties are directed to review the procedures and requirements for this conference on Judge Ellis' website and to submit the required Initial Status Report by 9/18/2024. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Signed by the Honorable Sara L. Ellis on 7/31/2024. Mailed notice (ph, ) (Entered: 07/31/2024)

July 31, 2024

July 31, 2024

Clearinghouse
11

MOTION by Defendants Jazmyne Denman, Sarah Lawsky, Janice Nadler, Northwestern University, Hari Osofsky, Daniel Rodriguez, Dheven Unni for extension of time to file answer or Otherwise Respond to the Complaint and for Leave to Exceed Page Limits (Unopposed) (Conley, Danielle) (Entered: 08/15/2024)

Aug. 15, 2024

Aug. 15, 2024

PACER
12

NOTICE of Motion by Danielle Conley for presentment of motion for extension of time to file answer, 11 before Honorable Sara L. Ellis on 8/28/2024 at 09:45 AM. (Conley, Danielle) (Entered: 08/15/2024)

Aug. 15, 2024

Aug. 15, 2024

PACER
13

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendants' motion for extension of time to answer or otherwise plead 11 . Defendants' responsive pleadings are due by 9/9/2024. Defendants may file a brief in support of their motion to dismiss of no more than 25 pages. No appearance required on 8/28/2024. Mailed notice (rj, ) (Entered: 08/26/2024)

Aug. 26, 2024

Aug. 26, 2024

PACER
14

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22437302. -Jude Volek (Volek, Jude) (Entered: 09/04/2024)

Sept. 4, 2024

Sept. 4, 2024

PACER
15

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22437597. -Jasmine Danielle Benjamin (Benjamin, Jasmine) (Entered: 09/04/2024)

Sept. 4, 2024

Sept. 4, 2024

PACER
16

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22437662. - Christine C. Smith (Smith, Christine) (Entered: 09/04/2024)

Sept. 4, 2024

Sept. 4, 2024

PACER
17

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Northwestern University (Conley, Danielle) (Entered: 09/09/2024)

Sept. 9, 2024

Sept. 9, 2024

PACER
18

MOTION by Defendants Daniel Rodriguez, Hari Osofsky, Dheven Unni, Northwestern University, Jazmyne Denman, Sarah Lawsky, Janice Nadler to dismiss Complaint (Conley, Danielle) (Entered: 09/09/2024)

Sept. 9, 2024

Sept. 9, 2024

Clearinghouse
19

MEMORANDUM by Jazmyne Denman, Sarah Lawsky, Janice Nadler, Northwestern University, Hari Osofsky, Daniel Rodriguez, Dheven Unni in support of motion to dismiss 18 (Conley, Danielle) (Entered: 09/09/2024)

Sept. 9, 2024

Sept. 9, 2024

Clearinghouse
20

NOTICE of Motion by Danielle Conley for presentment of motion to dismiss 18 before Honorable Sara L. Ellis on 9/19/2024 at 01:45 PM. (Conley, Danielle) (Entered: 09/09/2024)

Sept. 9, 2024

Sept. 9, 2024

PACER
21

STATUS Report (Joint Initial Status Report) by Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP) (Mitchell, Jonathan) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER
22

MINUTE entry before the Honorable Sara L. Ellis: The Court sets the following briefing schedule on Defendants' motion to dismiss 18 : Plaintiff's response is due by 10/18/2024 and Defendants' reply is due by 10/25/2024. The Court strikes the telephonic status date set for 9/25/2024 and resets it to 1/28/2025 at 9:30 AM for ruling on Defendants' motion to dismiss. The Court grants Defendants' counsel's motions for leave to appear pro hac vice 14, 15, 16 . Mailed notice (rj, ) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

PACER
23

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22512597. (Giannetti, Ryan) (Entered: 09/24/2024)

Sept. 24, 2024

Sept. 24, 2024

PACER
24

ORDER: Motion for leave to appear pro hac vice 23 is granted. Signed by the Honorable Sara L. Ellis on 9/27/2024. Mailed notice (ph, ) (Entered: 09/27/2024)

Sept. 27, 2024

Sept. 27, 2024

Clearinghouse
25

FIRST AMENDED complaint by Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP) against Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP) (Mitchell, Jonathan) (Entered: 09/30/2024)

Sept. 30, 2024

Sept. 30, 2024

Clearinghouse
26

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22542093. (Rubinstein, Reed) (Entered: 10/01/2024)

Oct. 1, 2024

Oct. 1, 2024

PACER
27

MINUTE entry before the Honorable Sara L. Ellis: The Court denies Defendants' motion to dismiss 18 as moot in light of Plaintiff filing an amended complaint. The Court sets a telephonic status for Oct. 9, 2024, at 9:30 a.m. for a status conference to discuss Defendants' response to Plaintiff's amended complaint and set a briefing schedule for a motion to dismiss. Mailed notice (rj, ) (Entered: 10/01/2024)

Oct. 1, 2024

Oct. 1, 2024

PACER
28

ORDER: Motion for leave to appear pro hac vice 26 is granted. Signed by the Honorable Sara L. Ellis on 10/7/2024. Mailed notice (ph, ) (Entered: 10/07/2024)

Oct. 7, 2024

Oct. 7, 2024

Clearinghouse
29

MINUTE entry before the Honorable Sara L. Ellis: Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) (Entered: 10/08/2024)

Oct. 8, 2024

Oct. 8, 2024

PACER
30

MOTION by Defendants Jazmyne Denman, Sarah Lawsky, Janice Nadler, Northwestern University, Hari Osofsky, Daniel Rodriguez, Dheven Unni for the Entry of a Proposed Scheduling Order (Agreed) (Conley, Danielle) (Entered: 10/08/2024)

Oct. 8, 2024

Oct. 8, 2024

Clearinghouse
31

MINUTE entry before the Honorable Sara L. Ellis:Telephone conference held on 10/9/2024. Briefing schedule on motion to dismiss: Defendant's motion is due by 10/28/2024; Plaintiff's response due by 11/25/2024; Defendant's reply is due by 12/13/2024. Discovery stayed pending ruling on motion to dismiss. The Court grants oral motion for leave to file in excess of 25 pages. Telephone Conference set for 3/11/2025 at 9:30 AM for ruling on the motion to dismiss. Mailed notice (rj, ) (Entered: 10/10/2024)

Oct. 9, 2024

Oct. 9, 2024

PACER
32

MOTION by Defendants Northwestern University, Hari Osofsky, Sarah Lawsky, Janice Nadler, Daniel Rodriguez, Dheven Unni, Jazmyne Denman to dismiss First Amended Complaint (Conley, Danielle) (Entered: 10/28/2024)

Oct. 28, 2024

Oct. 28, 2024

Clearinghouse
33

MEMORANDUM by Northwestern University, Hari Osofsky, Sarah Lawsky, Janice Nadler, Daniel Rodriguez, Dheven Unni, Jazmyne Denman in support of motion to dismiss 32 (Conley, Danielle) (Entered: 10/28/2024)

Oct. 28, 2024

Oct. 28, 2024

Clearinghouse
34

MOTION by Amicus Parties Myriam Gilles, Paul Gowder for leave to file Brief In Support of Defendants (Attachments: # 1 Exhibit Proposed Brief)(Wild, Matthew) (Entered: 11/08/2024)

1 Exhibit Proposed Brief

View on RECAP

Nov. 8, 2024

Nov. 8, 2024

PACER
35

MOTION by Amicus Parties Myriam Gilles, Paul Gowder for leave to file Notice of Motion/Presentment for Leave to File Amicus Brief (Wild, Matthew) (Entered: 11/19/2024)

Nov. 19, 2024

Nov. 19, 2024

Clearinghouse
36

MOTION by Plaintiff Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP) for extension of time to file response/reply as to motion to dismiss 32 (Giannetti, Ryan) (Entered: 11/20/2024)

Nov. 20, 2024

Nov. 20, 2024

Clearinghouse
37

NOTICE of Motion by Matthew Wild for presentment of motion for leave to file 34 before Honorable Sara L. Ellis on 11/26/2024 at 09:45 AM. (Wild, Matthew) (Entered: 11/21/2024)

Nov. 21, 2024

Nov. 21, 2024

PACER
38

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Petitioners' motion for leave to file an amicus brief 34 . Petitioners should file their amicus brief in support of Defendants' motion to dismiss as a separate entry on the docket. The Court grants Plaintiff's motion for extension of time 36 . The Court revises the briefing schedule as follows: Plaintiff's response is due by 12/23/2024 and Defendants' reply is due by 1/28/2025. The Court strikes the ruling date set for 3/11/2025 and resets it to 4/29/2025 at 9:30 AM. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (rj, ) (Entered: 11/25/2024)

Nov. 25, 2024

Nov. 25, 2024

PACER
39

BRIEF filed by Professors Myriam Gilles and Paul Gowder (Wild, Matthew) (Entered: 11/26/2024)

Nov. 26, 2024

Nov. 26, 2024

Clearinghouse
40

MOTION by Plaintiff Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP) for leave to file excess pages on response to defendants' motion to dismiss the first amended complaint (Mitchell, Jonathan) (Entered: 12/23/2024)

Dec. 23, 2024

Dec. 23, 2024

RECAP
41

NOTICE of Motion by Jonathan Franklin Mitchell for presentment of motion for leave to file excess pages 40 before Honorable Sara L. Ellis on 1/7/2025 at 09:45 AM. (Mitchell, Jonathan) (Entered: 12/23/2024)

Dec. 23, 2024

Dec. 23, 2024

PACER
42

RESPONSE by Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP)in Opposition to MOTION by Defendants Northwestern University, Hari Osofsky, Sarah Lawsky, Janice Nadler, Daniel Rodriguez, Dheven Unni, Jazmyne Denman to dismiss First Amended Complaint 32 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Declaration)(Mitchell, Jonathan) (Entered: 12/23/2024)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

3 Exhibit

View on PACER

4 Exhibit

View on PACER

5 Declaration

View on PACER

Dec. 23, 2024

Dec. 23, 2024

RECAP
43

STATUS Report by Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP) (Attachments: # 1 Exhibit EEOC Letter)(Rubinstein, Reed) (Entered: 12/26/2024)

1 Exhibit EEOC Letter

View on RECAP

Dec. 26, 2024

Dec. 26, 2024

RECAP
44

text entry

Jan. 7, 2025

Jan. 7, 2025

RECAP
45

terminate deadlines and hearings

Jan. 7, 2025

Jan. 7, 2025

RECAP
46

Leave to File Document

Jan. 10, 2025

Jan. 10, 2025

PACER
48

Order on Motion for Leave to File Excess Pages

Jan. 15, 2025

Jan. 15, 2025

PACER
50

MOTION by Attorney Gene P. Hamilton to withdraw as attorney for Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP). No party information provided (Hamilton, Gene) (Entered: 01/17/2025)

Jan. 17, 2025

Jan. 17, 2025

RECAP
51

REPLY by Defendants Northwestern University, Hari Osofsky, Sarah Lawsky, Janice Nadler, Daniel Rodriguez, Dheven Unni, Jazmyne Denman to motion to dismiss 32 (Conley, Danielle) (Entered: 01/28/2025)

Jan. 28, 2025

Jan. 28, 2025

RECAP
52

NOTICE of Voluntary Dismissal by Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP) (Mitchell, Jonathan) (Entered: 01/31/2025)

Jan. 31, 2025

Jan. 31, 2025

PACER
53

MINUTE entry before the Honorable Sara L. Ellis: Pursuant to Plaintiff's notice of dismissal 52, the Court dismisses this action without prejudice and with each party to bear its own fees and costs. Civil case terminated. Emailed notice (rj, ) (Entered: 02/05/2025)

Feb. 5, 2025

Feb. 5, 2025

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Education

Key Dates

Filing Date: July 2, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP), a non-profit

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Northwestern University Law Review (Evanston, Cook), Private Entity/Person

Northwestern University School of Law (Evanston, Cook), Private Entity/Person

Northwestern University (Evanston, Cook), Private Entity/Person

Defendant Type(s):

College/University

Case Details

Causes of Action:

42 U.S.C. § 1981

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

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Hiring

Discrimination Basis:

Gender identity

Race discrimination

Sex discrimination

Sexual orientation

Affected Race(s):

White

Affected Sex/Gender(s):

Male