Case: Zhong v. Cornell University

COMPLAINT with JURY DEMAND against Cornell University, Michael Kotlikoff, The Trustees of Cornell University (Filing fee $405 receipt number 27MMLLHQ) filed by Stanley Zhong, SWORD, Nan Zhong. (Attachments: # 1 Civil Cover Sheet) Filed via MFT on 3/22/2025. (ham) (Entered: 03/25/2025)

1 Civil Cover Sheet

View on PACER

Summons Issued as to Cornell University, Michael Kotlikoff, and The Trustees of Cornell University. Mailed out to Plaintiffs on 3/25/2025. (ham) (Entered: 03/25/2025)

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 6/25/2025 02:30 PM in Binghamton before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/18/2025. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Mailed out to Plaintiffs on 3/25/2025. (ham) (Entered: 03/25/2025)

LOCAL RULES, PRO SE HANDBOOK and NOTICE mailed out on 3/25/2025 to Nan Zhong, and Stanley Zhong. (Attachments: # 1 Pro Se Notice for Nan Zhong) (ham) (Entered: 03/25/2025)

TEXT NOTICE: The Initial Conference on 6/25/2025 at 2:30 PM before Magistrate Judge Miroslav Lovric will be held in Person, at 15 Henry Street, 1st Floor Courtroom, Binghamton, NY. (Served on Pro Se Plaintiffs via regular mail) (jdc )

TEXT ORDER: Plaintiff SWORD (Students Who Oppose Racial Discrimination) appears to be an Unincorporated Entity and therefore is not permitted to appear pro se in this litigation. Plaintiff SWORD must be represented by a licensed attorney in this matter. No later than 4/9/2025, a licensed attorney representing Plaintiff SWORD shall file a notice of appearance on the docket. Pro se Plaintiffs Nan Zhong and Stanley Zhong may only represent themselves individually in a pro se manner or each may be represented by a New York licensed attorney who is also admitted to practice law in the Northern District of New York. See 28 U.S.C. § 1654 (In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct causes therein.); United States ex rel. v. Mergent Servs. v. Flaherty, 540 F.3d 89, 92 (2d Cir. 2008) (Because [§1654] permits parties only to plead and conduct their own cases personally, we have held that an individual who is not licensed as an attorney may not appear on another persons behalf in the others cause. Therefore, Pro se Plaintiff Nan Zhong is not permitted to represent Stanley Zhong or SWORD, and Stanley Zhong is not permitted to represent Nan Zhong or SWORD. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 3/26/2025. (copy served on Plaintiffs via regular mail) (jdc ) (Entered: 03/26/2025)

Order AND ~Util - Set Deadlines

TEXT ORDER: Plaintiff SWORD (Students Who Oppose Racial Discrimination) has failed to comply with Text Order 5. See Docket. Plaintiff SWORD (Students Who Oppose Racial Discrimination) is directed to comply with Text Order 5 by 4/24/2025. Plaintiff SWORD (Students Who Oppose Racial Discrimination) appears to be an Unincorporated Entity and therefore is not permitted to appear pro se in this litigation. Plaintiff SWORD must be represented by a licensed attorney in this matter. No later than 4/24/2025, a licensed attorney representing Plaintiff SWORD shall file a notice of appearance on the docket. Pro se Plaintiffs Nan Zhong and Stanley Zhong may only represent themselves individually in a pro se manner or each may be represented by a New York licensed attorney who is also admitted to practice law in the Northern District of New York. See 28 U.S.C. § 1654 (In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct causes therein.); United States ex rel. v. Mergent Servs. v. Flaherty, 540 F.3d 89, 92 (2d Cir. 2008) (Because [§1654] permits parties only to plead and conduct their own cases personally, we have held that an individual who is not licensed as an attorney may not appear on another persons behalf in the others cause. Therefore, Pro se Plaintiff Nan Zhong is not permitted to represent Stanley Zhong or SWORD, and Stanley Zhong is not permitted to represent Nan Zhong or SWORD. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 4/10/2025. Plaintiffs are advised that failure to comply with Court Orders may result in sanctions being imposed including dismissal of this case. Plaintiffs are directed to comply with Text Order 5 and this Text Order. (copy served on Plaintiffs via regular mail) (jdc) (Entered: 04/10/2025)

Order AND ~Util - Set Deadlines

PRO SE NOTICE as to Nan Zhong and Stanley Zhong. (egr) (Entered: 04/15/2025)

Pro Se MOTION for Permission to File Electronically in ECF filed by Nan Zhong Motions referred to Miroslav Lovric. (egr) (Entered: 04/15/2025)

Pro Se ECF Registration Form by Nan Zhong. (egr) (Entered: 04/15/2025)

WAIVER OF SERVICE Returned Executed by Nan Zhong. Michael Kotlikoff waiver sent on 4/15/2025, answer due 6/16/2025; The Trustees of Cornell University waiver sent on 4/15/2025, answer due 6/16/2025. (Attachments: # 1 Waiver of the Service of Summons as to The Trustees of Cornell University)(ham) (Entered: 04/21/2025)

1 Waiver of the Service of Summons as to The Trustees of Cornell University

View on RECAP

TEXT ORDER: According to the Docket and the Complaint at Dkt. No. 1, the Complaint is signed by Plaintiffs Nan Zhong and Stanley Zhong. Furthermore, Nan Zhong signed the Complaint Individually and as President of SWORD. Plaintiff SWORD (Students Who Oppose Racial Discrimination) has failed to comply with Text Orders 5 & 6. See Docket. Plaintiff Nan Zhong is directed to file a detailed status report by 5/12/2025 advising the Court why Plaintiff SWORD (Students Who Oppose Racial Discrimination) has failed to comply with Court Orders 5 & 6. Plaintiff SWORD is directed to comply with Text Orders 5 & 6 by 5/12/2025. Plaintiff SWORD (Students Who Oppose Racial Discrimination) appears to be an Unincorporated Entity and therefore is not permitted to appear pro se in this litigation. Plaintiff SWORD must be represented by a licensed attorney in this matter. No later than 5/12/2025, a licensed attorney representing Plaintiff SWORD shall file a notice of appearance on the docket. Pro se Plaintiffs Nan Zhong and Stanley Zhong may only represent themselves individually in a pro se manner or each may be represented by a New York licensed attorney who is also admitted to practice law in the Northern District of New York. See 28 U.S.C. § 1654 (In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct causes therein.); United States ex rel. v. Mergent Servs. v. Flaherty, 540 F.3d 89, 92 (2d Cir. 2008) (Because [§1654] permits parties only to plead and conduct their own cases personally, we have held that an individual who is not licensed as an attorney may not appear on another persons behalf in the others cause. Therefore, Pro se Plaintiff Nan Zhong is not permitted to represent Stanley Zhong or SWORD, and Stanley Zhong is not permitted to represent Nan Zhong or SWORD. Plaintiffs are advised that failure to comply with Court Orders may result in sanctions being imposed including dismissal of this case. Plaintiffs are directed to comply with Text Orders 5 & 6 and this Text Order. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 4/28/2025. (copy served on Plaintiffs via regular mail) (jdc ) (Entered: 04/28/2025)

Order AND ~Util - Set Deadlines

Letter Request Motion from Nan Zhong requesting the Court drop Plaintiff SWORD (Students Who Opposte Racial Discrimination) from this action, submitted to Judge Miroslav Lovric. (ham) (Entered: 05/13/2025)

TEXT ORDER: Plaintiff's 12 letter motion to dismiss plaintiff SWORD is GRANTED. SWORD is hereby dismissed without prejudice. The Clerk is respectfully directed to terminate plaintiff SWORD from the docket. SO ORDERED by U.S. District Judge Elizabeth C. Coombe on 5/15/2025. (Copy served via regular mail)(kmc) (Entered: 05/15/2025)

Order on Letter Request

Motion for Leave to Appear Virtually at Initial Conference, filed via MFT on 5/19/2025 by Nan Zhong, and Stanley Zhong. Submitted to Judge Miroslav Lovric. (ham) (Entered: 05/21/2025)

TEXT ORDER: Motion 14 is DENIED. In any matter where one or more parties are proceeding pro se, this Court conducts the Rule 16 Initial Conference, all subsequent hearings, and all subsequent proceedings, In Person and on the record in the courtroom. In Person appearances are required of all parties. The Rule 16 conference will proceed as scheduled. See Docket. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 5/21/2025. (copy served on Plaintiffs via regular mail) (lmw) (Entered: 05/21/2025)

NOTICE OF APPEARANCE by Adam Pence on behalf of All Defendants (Pence, Adam) (Entered: 05/21/2025)

FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Cornell University, Michael Kotlikoff, The Trustees of Cornell University. (Pence, Adam) (Entered: 05/21/2025)

CERTIFICATE OF SERVICE by Cornell University, Michael Kotlikoff, The Trustees of Cornell University re 16 Notice of Appearance, 17 FRCP 7.1 Corporate Disclosure Statement (Pence, Adam) (Entered: 05/21/2025)

Order on Letter Request

TEXT ORDER: The Court will address Motion 8 at the Rule 16 Initial Conference after hearing from all parties. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 6/2/2025. (copy served on Plaintiffs via regular mail) (jdc ) (Entered: 06/02/2025)

Order on Pro Se Motion for Permission to File Electronically in ECF

NOTICE OF APPEARANCE by Jonathan B. Fellows on behalf of Cornell University, Michael Kotlikoff (Fellows, Jonathan) (Entered: 06/04/2025)

Letter Motion from Jonathan B. Fellows for Cornell University, Michael Kotlikoff requesting Extension of Time to Answer Complaint . (Fellows, Jonathan) (Entered: 06/04/2025)

CERTIFICATE OF SERVICE by Cornell University, Michael Kotlikoff re 21 Letter Motion from Jonathan B. Fellows for Cornell University, Michael Kotlikoff requesting Extension of Time to Answer Complaint (Fellows, Jonathan) (Entered: 06/04/2025)

NOTICE OF APPEARANCE by Jonathan B. Fellows on behalf of Cornell University, Michael Kotlikoff, The Trustees of Cornell University (Fellows, Jonathan) (Entered: 06/04/2025)

TEXT ORDER: (1) The deadline for Defendants to respond to the Complaint is extended to 7/16/2025; and (2) the Rule 16 Initial Conference scheduled for 6/25/2025 before Magistrate Judge Miroslav Lovric, and the conference related deadlines, are STAYED without date. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 6/5/2025. (copy served on Plaintiffs via regular mail) (jdc ) (Entered: 06/05/2025)

Order on Letter Request

Letter Motion from Jonathan B. Fellows for Cornell University, Michael Kotlikoff requesting extension of deadline to respond to Complaint submitted to Judge Miroslav Lovric . (Fellows, Jonathan) (Entered: 07/14/2025)

TEXT ORDER: Letter Motion 25 is GRANTED insofar as and to the extent that: (1) Defendants deadline to respond to the current complaint is stayed, pending the filing of an amended complaint; (2) Plaintiffs may file an amended complaint on or before July 25, 2025; (3) Defendants shall file a response to the amended complaint on or before August 26, 2025; and (4) the Rule 16 Initial Conference continues to be STAYED without date. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 7/15/2025. (copy served on Plaintiffs via regular mail) (jdc ) (Entered: 07/15/2025)

Order on Letter Request

NOTICE OF APPEARANCE by Michael T. Allen on behalf of All Plaintiffs (Allen, Michael) (Entered: 07/22/2025)

AMENDED COMPLAINT against All Plaintiffs filed by Stanley Zhong, SWORD, Nan Zhong.(Allen, Michael) (Entered: 07/25/2025)

TEXT NOTICE OF FILING DEFICIENCY regarding the 28 Amended Complaint. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Proposed Summons were not included with the Amended Complaint. Counsel is directed to file proposed summons for new Defendant Shawn Felton on the docket using the REQUEST FOR ISSUANCE OF SUMMONS(ES) event within 3 days of this notice. Notice of Filing Deficiency Deadline 7/31/2025 (ham)

REQUEST FOR ISSUANCE OF SUMMONS(ES): Stanley Zhong is requesting summons(es) be issued as to Shawn Felton re: 28 Amended Complaint. (Allen, Michael) (Entered: 07/31/2025)

Summons Issued as to Shawn Felton. (ham) (Entered: 08/01/2025)

WAIVER OF SERVICE Returned Executed by Stanley Zhong, Nan Zhong. Shawn Felton waiver sent on 8/13/2025, answer due 10/14/2025. (Allen, Michael) (Entered: 08/18/2025)

Letter Motion from Jonathan B. Fellows for Cornell University, Shawn Felton, Michael Kotlikoff requesting an extension of the date for Cornell University and Michael Kotlikoff to respond to the Amended Complaint to September 16, 2025. submitted to Judge Miroslav Lovric . (Fellows, Jonathan) (Entered: 08/19/2025)

ORDER granting 32 Letter Request for an Extension of Time to Respond to the Amended Complaint. Defendants Cornell University, Shawn Felton, and Michael Kotlikoff's response to the Amended Complaint is now due on or before 9/16/2025 Signed by Magistrate Judge Miroslav Lovric on 8/20/2025. (jdc ) (Entered: 08/20/2025)

MOTION to Dismiss filed by Cornell University, Shawn Felton, Michael Kotlikoff. Motion returnable before Judge Elizabeth C. Coombe Response to Motion due by 10/7/2025. Reply to Response to Motion due by 10/14/2025 (Attachments: # 1 Memorandum of Law) (Fellows, Jonathan) (Entered: 09/16/2025)

1 Memorandum of Law

View on RECAP

NOTICE OF APPEARANCE by Jacqueline Zahn on behalf of Cornell University, Shawn Felton, Michael Kotlikoff (Zahn, Jacqueline) (Entered: 09/16/2025)

RESPONSE in Opposition re 34 Motion to Dismiss, filed by Nan Zhong, Stanley Zhong. (Allen, Michael) (Entered: 10/07/2025)