Case: Kestenbaum v. President and Fellows of Harvard College

1:24-cv-10092 | U.S. District Court for the District of Massachusetts

Filed Date: Jan. 10, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about alleged antisemitism at Harvard University following the October 7, 2023 Hamas attack in Israel.  The plaintiffs were Students Against Antisemitism (SAA), a not-for-profit corporation formed to combat antisemitism in higher education, and several of its members who were enrolled at Harvard, including one named student plaintiff. They brought this suit against Harvard University in the U.S. District Court for the District of Massachusetts on January 10, 2024. The plaintiffs br…

This case is about alleged antisemitism at Harvard University following the October 7, 2023 Hamas attack in Israel. 

The plaintiffs were Students Against Antisemitism (SAA), a not-for-profit corporation formed to combat antisemitism in higher education, and several of its members who were enrolled at Harvard, including one named student plaintiff. They brought this suit against Harvard University in the U.S. District Court for the District of Massachusetts on January 10, 2024. The plaintiffs brought three claims, all of which generally concerned alleged antisemitism at Harvard and the University’s discriminatory response. First, they claimed that Harvard violated Title VI of the Civil Rights Act of 1964 by intentionally discriminating against Jewish students. Specifically, they claim that Harvard was deliberately indifferent to antisemitism on campus and discriminatorily applied University policies, refusing to apply them to protect Jewish students from antisemitism. Second, the plaintiffs claimed that Harvard breached a contractual relationship it had with student plaintiffs by failing to address discriminatory conduct against Jewish students. Finally, the plaintiffs alleged that Harvard breached its implied covenant of good faith and fair dealing when it selectively enforced its policies. The plaintiffs sought injunctive relief to stop Harvard from violating Title VI, compensatory, consequential, and punitive damages, attorneys’ fees, and pre-judgment and post-judgment interest. The case was assigned to Judge Richard Gaylore Stearns. 

The plaintiffs twice amended their complaint, filing the second amended complaint on May 28, 2024. The complaint included the same three claims as the initial complaint, but it expanded on the factual allegations by including, for instance, more recent alleged incidents of antisemitism at Harvard. On June 18, 2024, the defendant moved to dismiss plaintiffs’ second amended complaint and, in the alternative, to strike plaintiffs’ demand for injunctive relief. 

On August 6, 2024, the court issued an order granting in part and denying in part the defendant’s motion. The court denied the motion with respect to the breach of contract and breach of implied covenant of good faith and fair dealing claims. It also denied the motion with respect to the plaintiffs’ deliberate indifference theory on their Title VI claim, but it granted the motion with respect to plaintiffs’ discriminatory policy theory on that claim. The court explained that, even assuming plaintiffs could make out a claim based on Harvard’s failure to punish others, they had not identified reasonably comparable analogs. Finally, the court determined that Plaintiff SAA could only seek prospective injunctive relief, not damages, and that the named student plaintiff only had standing to pursue damages, not prospective injunctive relief. 

On January 21, 2025, plaintiff SAA and defendant filed a joint motion to dismiss SAA’s claims with prejudice. The parties said that they had reached a confidential settlement agreement which fully and finally resolved all claims between them. The named student plaintiff was not a party to the motion or the settlement. The court granted the motion on January 23, 2025. 

On March 20, 2025, the named student plaintiff filed a motion for leave to file a third amended complaint. The case is ongoing with respect to that plaintiff as of April 1, 2025. 

 

Summary Authors

Connor Mulvena (4/1/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68152041/parties/kestenbaum-v-president-and-fellows-of-harvard-college/


Judge(s)
Attorney for Plaintiff

Benson, Daniel (Massachusetts)

Bernstein, Andrew Charles (Massachusetts)

Attorney for Defendant

Beiner, Zoe Michal (Massachusetts)

Berman, Bruce M. (Massachusetts)

Brinster, Jeremy W. (Massachusetts)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

1:24-cv-10092

Complaint

Jan. 10, 2024

Jan. 10, 2024

Complaint
32

1:24-cv-10092

Amended Complaint

March 29, 2024

March 29, 2024

Complaint
35

1:24-cv-10092

Defendant's Motion to Dismiss and Motion to Strike Plaintiffs' Complaint

Alexander Kestenbaum v. President and Fellows of Harvard College

April 12, 2024

April 12, 2024

Pleading / Motion / Brief
36

1:24-cv-10092

Memorandum in Support of Defendant's Motion to Dismiss and Motion to Strike

Alexander Kestenbaum v. President and Fellows of Harvard College

April 12, 2024

April 12, 2024

Pleading / Motion / Brief
63

1:24-cv-10092

Second Amended Complaint

May 28, 2024

May 28, 2024

Complaint
73

1:24-cv-10092

Defendant's Motion to Dismiss and Motion to Strike Plaintiffs' Complaint

June 18, 2024

June 18, 2024

Pleading / Motion / Brief
73

1:24-cv-10092

Defendant's Motion to Dismiss and Motion to Strike Plaintiff's Complaint

June 18, 2024

June 18, 2024

Pleading / Motion / Brief
73

1:24-cv-10092

Defendant’s Motion to Dismiss and Motion to Strike Plaintiffs’ Complaint

June 18, 2024

June 18, 2024

Pleading / Motion / Brief
93

1:24-cv-10092

Memorandum and Order on Defendant's Motion to Dismiss

Aug. 6, 2024

Aug. 6, 2024

Order/Opinion

743 F.Supp.3d 297

104

1:24-cv-10092

Joint Motion for Entry of Order of Dismissal With Prejudice Pursuant to Rule 41(a)(2)

Jan. 21, 2025

Jan. 21, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68152041/kestenbaum-v-president-and-fellows-of-harvard-college/

Last updated Aug. 13, 2025, 1:55 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against President and Fellows of Harvard College Filing fee: $ 405, receipt number AMADC-10214255 (Fee Status: Filing Fee paid), filed by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Attachments: # 1 Civil Action Cover Sheet, # 2 Category Form)(Madden, Timothy) (Entered: 01/10/2024)

1 Civil Action Cover Sheet

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2 Category Form

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Jan. 10, 2024

Jan. 10, 2024

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CORPORATE DISCLOSURE STATEMENT by Students Against Antisemitism, Inc.. (Madden, Timothy) (Entered: 01/10/2024)

Jan. 10, 2024

Jan. 10, 2024

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ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Phillips, Sophie) (Entered: 01/11/2024)

Jan. 11, 2024

Jan. 11, 2024

PACER

Notice of Case Assignment

Jan. 11, 2024

Jan. 11, 2024

PACER
4

Summons Issued as to President and Fellows of Harvard College. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Cook, Savannah) (Entered: 01/11/2024)

Jan. 11, 2024

Jan. 11, 2024

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MOTION for Leave to Appear Pro Hac Vice for admission of Marc E. Kasowitz, Daniel R. Benson, Mark P. Ressler, Andrew L. Schwartz, Joshua E. Roberts, Andrew C. Bernstein Filing fee: $ 750, receipt number AMADC-10218908 by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Attachments: # 1 Exhibit Kasowitz Certification, # 2 Exhibit Benson Certification, # 3 Exhibit Ressler Certification, # 4 Exhibit Schwartz Certification, # 5 Exhibit Roberts Certification, # 6 Exhibit Bernstein Certification)(Madden, Timothy) (Entered: 01/15/2024)

1 Exhibit Kasowitz Certification

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2 Exhibit Benson Certification

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3 Exhibit Ressler Certification

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4 Exhibit Schwartz Certification

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5 Exhibit Roberts Certification

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6 Exhibit Bernstein Certification

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Jan. 15, 2024

Jan. 15, 2024

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Judge Indira Talwani: ELECTRONIC ORDER allowing 5 Motion for Leave to Appear Pro Hac Vice Added Marc E. Kasowitz, Daniel R. Benson, Mark P. Ressler, Andrew L. Schwartz, Joshua E. Roberts, Andrew C. Bernstein. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Kelly, Danielle) (Entered: 01/16/2024)

Jan. 16, 2024

Jan. 16, 2024

PACER

Order on Motion for Leave to Appear

Jan. 16, 2024

Jan. 16, 2024

PACER
7

NOTICE of Appearance by Marc E. Kasowitz on behalf of Alexander Kestenbaum, Students Against Antisemitism, Inc. (Kasowitz, Marc) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

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NOTICE of Appearance by Daniel Benson on behalf of Alexander Kestenbaum, Students Against Antisemitism, Inc. (Benson, Daniel) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

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NOTICE of Appearance by Mark Ressler on behalf of Alexander Kestenbaum, Students Against Antisemitism, Inc. (Ressler, Mark) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

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NOTICE of Appearance by Joshua E. Roberts on behalf of Alexander Kestenbaum, Students Against Antisemitism, Inc. (Roberts, Joshua) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

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NOTICE of Appearance by Andrew Charles Bernstein on behalf of Alexander Kestenbaum, Students Against Antisemitism, Inc. (Bernstein, Andrew) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

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WAIVER OF SERVICE Returned Executed by Alexander Kestenbaum, Students Against Antisemitism, Inc.. President and Fellows of Harvard College waiver sent on 1/15/2024, answer due 3/15/2024. (Madden, Timothy) (Entered: 01/18/2024)

Jan. 18, 2024

Jan. 18, 2024

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NOTICE of Appearance by Andrew L Schwartz on behalf of Alexander Kestenbaum, Students Against Antisemitism, Inc. (Schwartz, Andrew) (Entered: 01/18/2024)

Jan. 18, 2024

Jan. 18, 2024

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Judge Indira Talwani: ORDER entered. ORDER OF RECUSAL.(MacDonald, Gail) (Entered: 02/28/2024)

Feb. 28, 2024

Feb. 28, 2024

RECAP

Notice of Reassignment

Feb. 28, 2024

Feb. 28, 2024

PACER
15

NOTICE of Reassignment. Judge Richard G. Stearns added. Judge Indira Talwani no longer assigned to case. (Kinsella, Jaylannie) (Entered: 02/28/2024)

Feb. 28, 2024

Feb. 28, 2024

PACER
16

NOTICE of Appearance by Felicia H. Ellsworth on behalf of President and Fellows of Harvard College (Ellsworth, Felicia) (Entered: 03/13/2024)

March 13, 2024

March 13, 2024

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17

MOTION for Leave to Appear Pro Hac Vice for admission of Bruce M. Berman Filing fee: $ 125, receipt number AMADC-10316022 by President and Fellows of Harvard College. (Attachments: # 1 Certification of Bruce M. Berman in Support)(Ellsworth, Felicia) (Entered: 03/13/2024)

1 Certification of Bruce M. Berman in Support

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March 13, 2024

March 13, 2024

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18

MOTION for Leave to Appear Pro Hac Vice for admission of Seth P. Waxman Filing fee: $ 125, receipt number AMADC-10316052 by President and Fellows of Harvard College. (Attachments: # 1 Certification of Seth P. Waxman in Support)(Ellsworth, Felicia) (Entered: 03/13/2024)

1 Certification of Seth P. Waxman in Support

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March 13, 2024

March 13, 2024

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MOTION for Leave to Appear Pro Hac Vice for admission of Jeremy W. Brinster Filing fee: $ 125, receipt number AMADC-10316058 by President and Fellows of Harvard College. (Attachments: # 1 Certification of Jeremy W. Brinster in Support)(Ellsworth, Felicia) (Entered: 03/13/2024)

1 Certification of Jeremy W. Brinster in Support

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March 13, 2024

March 13, 2024

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MOTION for Leave to Appear Pro Hac Vice for admission of Mark A. Kirsch Filing fee: $ 125, receipt number AMADC-10317579 by President and Fellows of Harvard College. (Attachments: # 1 Certification of Mark A. Kirsch in Support)(Ellsworth, Felicia) (Entered: 03/14/2024)

1 Certification of Mark A. Kirsch in Support

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March 14, 2024

March 14, 2024

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MOTION for Leave to Appear Pro Hac Vice for admission of Gina Merrill Filing fee: $ 125, receipt number AMADC-10317596 by President and Fellows of Harvard College. (Attachments: # 1 Certification of Gina Merrill in Support)(Ellsworth, Felicia) (Entered: 03/14/2024)

1 Certification of Gina Merrill in Support

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March 14, 2024

March 14, 2024

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MOTION for Leave to Appear Pro Hac Vice for admission of Zachary Fardon Filing fee: $ 125, receipt number AMADC-10317606 by President and Fellows of Harvard College. (Attachments: # 1 Certification of Zachary Fardon)(Ellsworth, Felicia) (Entered: 03/14/2024)

1 Certification of Zachary Fardon

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March 14, 2024

March 14, 2024

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MOTION for Leave to Appear Pro Hac Vice for admission of Zoe M. Beiner Filing fee: $ 125, receipt number AMADC-10317621 by President and Fellows of Harvard College. (Attachments: # 1 Certification of Zoe M. Beiner in Support)(Ellsworth, Felicia) (Entered: 03/14/2024)

1 Certification of Zoe M. Beiner in Support

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March 14, 2024

March 14, 2024

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Joint MOTION for Order Scheduling Order by Alexander Kestenbaum, Students Against Antisemitism, Inc..(Madden, Timothy) Modified on 3/15/2024 to terminate motion. (Pacho, Arnold). (Entered: 03/14/2024)

March 14, 2024

March 14, 2024

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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part 24 Motion for Order. While the court is willing to set a schedule for the filing of an Amended Complaint and defendant's response, not at the pace suggested by the parties. Plaintiffs must file their Amended Complaint no later than Friday, March 29, 2024. Defendant's response is due by April 12, 2024. Any opposition to a motion to dismiss must be filed by April 26, 2024. The court will entertain the filing of a Reply on a showing that the Opposition raised issues that defendant was unable to anticipate. (Zierk, Marsha) Modified on 3/15/2024. Notice regenerated to counsel. (Pacho, Arnold). (Entered: 03/15/2024)

March 15, 2024

March 15, 2024

PACER

Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear

March 15, 2024

March 15, 2024

PACER

Order on Motion for Order

March 15, 2024

March 15, 2024

PACER
26

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 17, 18, 19, 20, 21, 22, and 23 Motions for Leave to Appear Pro Hac Vice of Bruce M. Berman, Seth P. Waxman, Jeremy W. Brinster, Mark A. Kirsch, Gina Merrill, Zachary Fardon, and Zoe M. Beiner. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney.(Pacho, Arnold) (Entered: 03/15/2024)

March 15, 2024

March 15, 2024

PACER
27

NOTICE of Appearance by Zoe Michal Beiner on behalf of President and Fellows of Harvard College (Beiner, Zoe) (Entered: 03/20/2024)

March 20, 2024

March 20, 2024

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NOTICE of Appearance by Mark A. Kirsch on behalf of President and Fellows of Harvard College (Kirsch, Mark) (Entered: 03/20/2024)

March 20, 2024

March 20, 2024

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NOTICE of Appearance by Gina Merrill on behalf of President and Fellows of Harvard College (Merrill, Gina) (Entered: 03/20/2024)

March 20, 2024

March 20, 2024

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30

NOTICE of Appearance by Zachary Thomas Fardon on behalf of President and Fellows of Harvard College (Fardon, Zachary) (Entered: 03/20/2024)

March 20, 2024

March 20, 2024

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31

CORPORATE DISCLOSURE STATEMENT by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 03/21/2024)

March 21, 2024

March 21, 2024

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32

AMENDED COMPLAINT against President and Fellows of Harvard College, filed by Alexander Kestenbaum, Students Against Antisemitism, Inc..(Kasowitz, Marc) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

Clearinghouse
33

Assented to MOTION for Leave to File Excess Pages for Combined Motion to Dismiss and Motion to Strike by President and Fellows of Harvard College. (Attachments: # 1 Text of Proposed Order)(Ellsworth, Felicia) (Entered: 04/03/2024)

1 Text of Proposed Order

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April 3, 2024

April 3, 2024

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34

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part 33 Motion for Leave to File Excess Pages. Harvard may file a combined memorandum of no more than thirty (30) pages. (RGS, law3) (Entered: 04/04/2024)

April 4, 2024

April 4, 2024

PACER

Order on Motion for Leave to File Excess Pages

April 4, 2024

April 4, 2024

PACER
35

MOTION to Dismiss and Motion to Strike by President and Fellows of Harvard College.(Ellsworth, Felicia) (Entered: 04/12/2024)

April 12, 2024

April 12, 2024

Clearinghouse
36

MEMORANDUM in Support re 35 MOTION to Dismiss and Motion to Strike filed by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 04/12/2024)

April 12, 2024

April 12, 2024

Clearinghouse
37

DECLARATION re 35 MOTION to Dismiss and Motion to Strike of Felicia Ellsworth in Support by President and Fellows of Harvard College. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Ellsworth, Felicia) (Attachment 4 and attachment 6 replaced on 4/15/2024 - blank pages removed) (Cook, Savannah). (Entered: 04/12/2024)

1 Exhibit 1

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8 Exhibit 8

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April 12, 2024

April 12, 2024

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DECLARATION re 35 MOTION to Dismiss and Motion to Strike of Meredith Weenick in Support by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 04/12/2024)

April 12, 2024

April 12, 2024

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DECLARATION re 35 MOTION to Dismiss and Motion to Strike of Timothy Whelsky in Support by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 04/12/2024)

April 12, 2024

April 12, 2024

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40

Assented to MOTION for Leave to File Excess Pages / Modify Page Limit For Plaintiffs' Opposition To Defendant's Combined Motion To Dismiss And Motion To Strike by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Attachments: # 1 Proposed Order)(Kasowitz, Marc) (Entered: 04/15/2024)

1 Proposed Order

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April 15, 2024

April 15, 2024

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Order on Motion for Leave to File Excess Pages

April 15, 2024

April 15, 2024

PACER
41

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 40 Motion for Leave to File Excess Pages. Plaintiffs may file a memorandum of no more than 30 pages in support of their opposition to the pending motion to dismiss. (RGS, law3) (Entered: 04/15/2024)

April 15, 2024

April 15, 2024

PACER
42

Assented to MOTION to Seal Document by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Attachments: # 1 Redacted Declaration, # 2 Text of Proposed Order)(Kasowitz, Marc) (Entered: 04/26/2024)

1 Redacted Declaration

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2 Text of Proposed Order

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April 26, 2024

April 26, 2024

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MEMORANDUM in Opposition re 35 MOTION to Dismiss and Motion to Strike filed by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Kasowitz, Marc) (Entered: 04/26/2024)

April 26, 2024

April 26, 2024

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DECLARATION re 35 MOTION to Dismiss and Motion to Strike FILED UNDER SEAL by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Kasowitz, Marc) (Entered: 04/26/2024)

April 26, 2024

April 26, 2024

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MOTION for Leave to File a Reply Memorandum in Support of Combined Motion to Dismiss and Motion to Strike by President and Fellows of Harvard College.(Ellsworth, Felicia) (Entered: 04/29/2024)

April 29, 2024

April 29, 2024

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Order on Motion for Leave to File Document

April 29, 2024

April 29, 2024

PACER

Order on Motion to Seal Document

April 29, 2024

April 29, 2024

PACER
46

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 42 Motion to Seal Document. Attached to plaintiffs' Opposition to Harvard's Motion to Dismiss is a declaration from a Harvard Law School student, identified with the pseudonym "SAA Member # 1." Plaintiffs move to redact SAA Member # 1's name from the public version of his declaration to "safeguard SAA members' associational privilege" and "protect SAA Member # 1's privacy interests, including his interest in being free from harassment, discrimination, and retaliation." Dkt. # 42 at 2. Because this request fits neatly into at least one of the paradigms identified by the First Circuit of "exceptional cases in which... anonymity ordinarily will be warranted," the court will allow the motion. See Doe v. Mass. Inst. of Tech. (Doe v. MIT), 46 F.4th 61, 71 (1st Cir. 2022).There is a "strong presumption against the use of pseudonyms in civil litigation." Does 1-3 v. Mills, 39 F.4th 20, 25 (1st Cir. 2022). But, in "exceptional cases," an individual may proceed pseudonymously. Doe v. MIT, 46 F.4th at 70, quoting Doe v. Megless, 654 F.3d 404, 408 (3d Cir. 2011). The First Circuit has identified four paradigm cases in which pseudonymity may be warranted: cases in which (1) the "would-be Doe reasonably fears that coming out of the shadows will cause him unusually severe harm"; (2) identifying the individual would "harm 'innocent parties'"; (3) "anonymity is necessary to forestall a chilling effect on future litigants who may be similarly situated"; and (4) the individual's identity is "bound up with a prior proceeding made confidential by law." Id. at 71-72, quoting Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185, 190 (2d Cir. 2008)."[P]rivacy rights of... third parties are among those interests which, in appropriate cases, can limit the presumptive right of access to judicial records." F.T.C. v. Standard Fin. Mgm't Corp., 830 F.3d 404, 411 (1st Cir. 1987), quoting In re Knoxville News-Sentinel Co., 723 F.3d 470, 478 (6th Cir. 1983); see also Doe v. MIT, 46 F.4th at 71 (nonparties have "stronger case[s] for anonymity" than parties). And plaintiffs argue that if his identity is made public, SAA Member # 1 may face discrimination, harassment, and retaliation. Harvard does not contest the reasonableness of this fear. Thus, to protect the privacy interests of non-party SAA Member # 1, plaintiffs may redact his name from the public version of his declaration.Plaintiffs' motion is ALLOWED. Plaintiffs will file the redacted version of SAA Member # 1's declaration on the public docket by close of business on April 30, 2024. (RGS, law4) (Entered: 04/29/2024)

April 29, 2024

April 29, 2024

PACER
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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 45 Motion for Leave to File Document. Harvard may file a 15-page reply brief by May 6, 2024. Counsel must include "Leave to file granted on April 29, 2024" in the caption of the document. (RGS, law4) (Entered: 04/29/2024)

April 29, 2024

April 29, 2024

PACER
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DECLARATION re 35 MOTION to Dismiss and Motion to Strike (REDACTED) by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Kasowitz, Marc) (Additional attachment(s) added on 4/29/2024: # 1 Unredacted Declaration - SEALED) (McManus, Caetlin). (Entered: 04/29/2024)

April 29, 2024

April 29, 2024

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ELECTRONIC NOTICE Setting Hearing on Motion 35 MOTION to Dismiss and Motion to Strike : Motion Hearing set for 5/30/2024 02:00 PM in Courtroom 21 (In person only) before Judge Richard G. Stearns. (Maynard, Timothy) (Entered: 05/02/2024)

May 2, 2024

May 2, 2024

PACER

Notice Setting or Resetting Hearing on Motion

May 2, 2024

May 2, 2024

PACER
50

REPLY to Response to 35 MOTION to Dismiss and Motion to Strike filed by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

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DECLARATION re 50 Reply to Response to Motion of Felicia H. Ellsworth in Support by President and Fellows of Harvard College. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Ellsworth, Felicia) (Entered: 05/06/2024)

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May 6, 2024

May 6, 2024

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MOTION for Leave to File Amicus Brief filed by Joshua Lapin. (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order, # 3 Text of Proposed Order)(McManus, Caetlin) (Entered: 05/09/2024)

1 Proposed Amicus Brief

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2 Text of Proposed Order

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3 Text of Proposed Order

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May 9, 2024

May 9, 2024

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Brief in Support re 52 MOTION for Leave to File Amicus Brief. (McManus, Caetlin) (Entered: 05/09/2024)

May 9, 2024

May 9, 2024

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54

MOTION to Amend 32 Amended Complaint, MOTION to Continue Oral Argument ( Responses due by 6/5/2024) by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Attachments: # 1 Exhibit 1: Proposed Second Amended Complaint, # 2 Text of Proposed Order)(Kasowitz, Marc) (Entered: 05/22/2024)

1 Exhibit 1: Proposed Second Amended Complaint

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2 Text of Proposed Order

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May 22, 2024

May 22, 2024

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RESPONSE to Motion re 54 MOTION to Amend 32 Amended Complaint MOTION to Continue Oral Argument filed by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 05/22/2024)

May 22, 2024

May 22, 2024

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56

NOTICE of Appearance by Dustin F Hecker on behalf of Foundation for Individual Rights and Expression (Hecker, Dustin) (Entered: 05/23/2024)

May 23, 2024

May 23, 2024

PACER
57

CORPORATE DISCLOSURE STATEMENT by Foundation for Individual Rights and Expression. (Hecker, Dustin) (Entered: 05/23/2024)

May 23, 2024

May 23, 2024

RECAP
58

MOTION for Leave to File Amicus Brief by Foundation for Individual Rights and Expression. (Attachments: # 1 Exhibit [Proposed] Amicus Brief)(Hecker, Dustin) (Entered: 05/23/2024)

1 Exhibit [Proposed] Amicus Brief

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May 23, 2024

May 23, 2024

PACER
59

CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 58 MOTION for Leave to File Amicus Brief by Dustin F Hecker on behalf of Foundation for Individual Rights and Expression. (Hecker, Dustin) (Entered: 05/23/2024)

May 23, 2024

May 23, 2024

RECAP
60

Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot 35 Motion to Dismiss; granting 54 Motion to Amend; granting 54 Motion to Continue. Plaintiffs will file the Second Amended Complaint as a separate docket entry by close of business tomorrow, May 28, 2024. Harvard's motion to dismiss will be due June 18, 2024, and plaintiffs' opposition will be due July 2, 2024. Reply only with leave of court. As the parties have already briefed the legal issues, the court does not anticipate permitting extensions to this schedule. The clerk will reschedule the hearing for a date after briefing is complete. And as plaintiffs are filing a Second Amended Complaint, Harvard's pending joint motion to dismiss and strike is moot. (RGS, law4) (Entered: 05/27/2024)

May 27, 2024

May 27, 2024

PACER

Order on Motion to Amend AND Order on Motion to Continue AND Order on Motion to Dismiss

May 27, 2024

May 27, 2024

PACER
61

ELECTRONIC NOTICE Resetting Hearing on 35 MOTION to Dismiss and Motion to Strike by President and Fellows of Harvard College: Motion Hearing reset for 7/9/2024 10:00 AM in Courtroom 21 (In person only) before Judge Richard G. Stearns. (Maynard, Timothy) (Entered: 05/28/2024)

May 28, 2024

May 28, 2024

PACER

Order on Motion for Leave to File Document AND Order on Motion for Leave to File Document

May 28, 2024

May 28, 2024

PACER

Notice Setting or Resetting Hearing on Motion

May 28, 2024

May 28, 2024

PACER
62

Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 52 Motion for Leave to File Document; denying 58 Motion for Leave to File Document. Because there is a new operative complaint in this case, the motions for leave to file amicus briefs are DENIED WITHOUT PREJUDICE to refile after the parties have briefed any motion to dismiss the Second Amended Complaint. (RGS, law4) (Entered: 05/28/2024)

May 28, 2024

May 28, 2024

PACER
63

AMENDED COMPLAINT (Second) against President and Fellows of Harvard College, filed by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Attachments: # 1 Exhibit A - May 2024 HJAA Report, # 2 Exhibit B - May 15, 2024 House Committee Investigative Update)(Kasowitz, Marc) (Entered: 05/28/2024)

1 Exhibit A - May 2024 HJAA Report

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2 Exhibit B - May 15, 2024 House Committee Investigative Update

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May 28, 2024

May 28, 2024

Clearinghouse
64

Assented to MOTION to Continue Oral Argument by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Attachments: # 1 Text of Proposed Order)(Kasowitz, Marc) (Entered: 06/04/2024)

1 Text of Proposed Order

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June 4, 2024

June 4, 2024

PACER
65

ELECTRONIC NOTICE Resetting Hearing on Motion Motion Hearing on 35 MOTION to Dismiss and Motion to Strike by President and Fellows of Harvard College set for 7/24/2024 10:00 AM in Courtroom 21 (In person only) before Judge Richard G. Stearns. (Maynard, Timothy) (Entered: 06/05/2024)

June 5, 2024

June 5, 2024

PACER

Notice Setting or Resetting Hearing on Motion

June 5, 2024

June 5, 2024

PACER

Order on Motion to Continue

June 5, 2024

June 5, 2024

PACER
66

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 64 Motion to Continue. See Dkt. # 65. (RGS, law4) (Entered: 06/05/2024)

June 5, 2024

June 5, 2024

PACER
67

Assented to MOTION to Consolidate Cases by President and Fellows of Harvard College.(Ellsworth, Felicia) (Entered: 06/10/2024)

June 10, 2024

June 10, 2024

RECAP
68

Amended MOTION to Consolidate Cases by President and Fellows of Harvard College.(Ellsworth, Felicia) (Entered: 06/11/2024)

June 11, 2024

June 11, 2024

RECAP

Order on Motion to Consolidate Cases

June 11, 2024

June 11, 2024

PACER
69

Judge Richard G. Stearns: ELECTRONIC ORDER entered terminating as moot 67 Motion to Consolidate Cases in light of Amended Motion 68 . (McManus, Caetlin) (Entered: 06/11/2024)

June 11, 2024

June 11, 2024

PACER
70

Judge Richard G. Stearns: ELECTRONIC ORDER entered reserving ruling on 68 Motion to Consolidate Cases. The court will reserve ruling on Harvard's motion to consolidate this case with The Louis D. Brandeis Center for Human Rights Under Law v. President and Fellows of Harvard College, No. 1:24-cv-11354-RGS, until the court rules on Harvard's motion to dismiss in this case. Depending on what, if anything, remains of this case after that ruling, the court would be inclined to entertain the motion to consolidate for at least discovery purposes. The filing deadlines for the motion to dismiss briefing and the hearing on the motion (Dkt. ## 60, 65) are unchanged, and the court does not anticipate granting any extensions. (RGS, law4) (Entered: 06/12/2024)

June 12, 2024

June 12, 2024

PACER

Order on Motion to Consolidate Cases

June 12, 2024

June 12, 2024

PACER

Order on Motion for Leave to File Excess Pages

June 12, 2024

June 12, 2024

PACER
71

Assented to MOTION for Leave to File Excess Pages for Combined Motion to Dismiss and Motion to Strike by President and Fellows of Harvard College.(Ellsworth, Felicia) (Entered: 06/12/2024)

June 12, 2024

June 12, 2024

PACER
72

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 71 Motion for Leave to File Excess Pages. Harvard may file a combined motion to dismiss and motion to strike of no more than 30 pages. (RGS, law4) (Entered: 06/12/2024)

June 12, 2024

June 12, 2024

PACER
73

MOTION to Dismiss and Motion to Strike Amended Complaint by President and Fellows of Harvard College.(Ellsworth, Felicia) (Entered: 06/18/2024)

June 18, 2024

June 18, 2024

Clearinghouse
74

MEMORANDUM in Support re 73 MOTION to Dismiss and Motion to Strike Amended Complaint filed by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 06/18/2024)

June 18, 2024

June 18, 2024

RECAP
75

DECLARATION re 73 MOTION to Dismiss and Motion to Strike Amended Complaint of Felicia Ellsworth in Support by President and Fellows of Harvard College. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Ellsworth, Felicia) (Entered: 06/18/2024)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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June 18, 2024

June 18, 2024

RECAP
76

DECLARATION re 73 MOTION to Dismiss and Motion to Strike Amended Complaint of Timothy Whelsky in Support by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 06/18/2024)

June 18, 2024

June 18, 2024

PACER
77

DECLARATION re 73 MOTION to Dismiss and Motion to Strike Amended Complaint of Meredith Weenick in Support by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 06/18/2024)

June 18, 2024

June 18, 2024

PACER
78

Assented to MOTION for Leave to File Excess Pages for Plaintiffs' Opposition to Defendant's Combined Motion to Dismiss and Motion to Strike by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Attachments: # 1 Proposed Order)(Kasowitz, Marc) (Entered: 06/20/2024)

1 Proposed Order

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June 20, 2024

June 20, 2024

PACER

Order on Motion for Leave to File Excess Pages

June 20, 2024

June 20, 2024

PACER
79

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 78 Motion for Leave to File Excess Pages. Plaintiffs may file an opposition to Harvard's motion to dismiss of no more than 30 pages. (RGS, law4) (Entered: 06/20/2024)

June 20, 2024

June 20, 2024

PACER
80

MEMORANDUM in Opposition re 73 MOTION to Dismiss and Motion to Strike Amended Complaint filed by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Kasowitz, Marc) (Entered: 07/02/2024)

July 2, 2024

July 2, 2024

RECAP
81

MOTION for Leave to File a Reply Memorandum in Support of Combined Motion to Dismiss and Motion to Strike by President and Fellows of Harvard College.(Ellsworth, Felicia) (Entered: 07/03/2024)

July 3, 2024

July 3, 2024

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Education

Speech and Religious Freedom

Key Dates

Filing Date: Jan. 10, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Students Against Antisemitism, a not-for-profit corporation dedicated to addressing antisemitism at institutions of higher learning, and several of its members who are enrolled at Harvard University.

Plaintiff Type(s):

Private Plaintiff

Non-profit religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Harvard University, Private Entity/Person

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.

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

Settlement

None yet

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

School/University Facilities

School/University policies

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Religion discrimination

Affected National Origin/Ethnicity(s):

Other

Affected Religion(s):

Judaism