Case: Doe v. Northwestern University

Doe et al. v. Northwestern University

Doe et al. v. Northwestern University

COMPLAINT filed by John Doe; Jury Demand. Filing fee $ 405, receipt number AILNDC-21983709.(Fegan, Elizabeth) (Entered: 05/20/2024)

CIVIL Cover Sheet (Fegan, Elizabeth) (Entered: 05/20/2024)

ATTORNEY Appearance for Plaintiff John Doe by Elizabeth A. Fegan (Fegan, Elizabeth) (Entered: 05/20/2024)

ATTORNEY Appearance for Plaintiff John Doe by Paige L Smith (Smith, Paige) (Entered: 05/20/2024)

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2). (jn,)

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. (jn, )

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21987099. (Lindenfeld, Jonathan) (Entered: 05/21/2024)

MINUTE entry before the Honorable John Robert Blakey: Jonathan Lindenfeld's motion for leave to appear pro hac vice 5 is granted. This case has been assigned to the calendar of the Honorable John Robert Blakey. The litigants are ordered to review and fully comply with all of this Court's standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. In addition, the parties must file a status report no later than 6/5/2024, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. During the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at Gloria_Lewis@ilnd.uscourts.gov. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. Mailed notice (gel, ) (Entered: 05/21/2024)

SUMMONS Issued as to Defendant Northwestern University (vkm, )

SUMMONS Returned Executed by John Doe as to Northwestern University on 5/22/2024, answer due 6/12/2024. (Fegan, Elizabeth) (Entered: 05/23/2024)

MOTION by Attorney Paige L. Smith to withdraw as attorney for John Doe. No party information provided (Smith, Paige) (Entered: 05/30/2024)

ATTORNEY Appearance for Defendant Northwestern University by James A. Morsch (Morsch, James) (Entered: 05/31/2024)

ATTORNEY Appearance for Defendant Northwestern University by Casey T. Grabenstein (Grabenstein, Casey) (Entered: 05/31/2024)

ATTORNEY Appearance for Defendant Northwestern University by Elizabeth Anne Thompson (Thompson, Elizabeth) (Entered: 05/31/2024)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22093731. (Richards, Joshua) (Entered: 05/31/2024)

ATTORNEY Appearance for Defendant Northwestern University by Megan Quinn Warshawsky (Warshawsky, Megan) (Entered: 06/03/2024)

MINUTE entry before the Honorable John Robert Blakey: Attorney Paige L. Smith's motion to withdraw as attorney 8 is granted. Joshua Richards' motion for leave to appear pro hac vice 12 is also granted. Mailed notice (gel, ) (Entered: 06/04/2024)

RULE 7.1 Disclosure Statement by Northwestern University. (Morsch, James) (Entered: 06/04/2024)

STATUS Report (Joint Initial) by John Doe (Fegan, Elizabeth) (Entered: 06/05/2024)

MOTION by Defendant Northwestern University to consolidate cases 24-cv-4125 and 24-cv-4831 (Attachments: # 1 Exhibit A: Notice of Removal and Complaint, # 2 Exhibit B: Civil Cover Sheet)(Thompson, Elizabeth) (Entered: 06/14/2024)

1 Exhibit A: Notice of Removal and Complaint

View on RECAP

2 Exhibit B: Civil Cover Sheet

View on RECAP

NOTICE of Motion by Elizabeth Anne Thompson for presentment of motion to consolidate cases 17 before Honorable John Robert Blakey on 6/26/2024 at 11:00 AM. (Thompson, Elizabeth) (Entered: 06/14/2024)

MINUTE entry before the Honorable John Robert Blakey: Having reviewed the parties' joint initial status report 26, the Court orders Defendant to respond to the complaint by 7/22/24. If Defendant plans to seek removal of the purportedly related state court case, any removal petition must comply with 28 U.S.C. § 1446. Mailed notice (gel, ) (Entered: 06/14/2024)

MINUTE entry before the Honorable John Robert Blakey: Defendant moves to reassign and consolidate Case No. 24-cv-4831 Doe v. Northwestern, currently pending before Judge Coleman, 17 . Local Rule 40.4 provides that two cases may be related if they: involve the same property, involve some of the same issues of fact or law, grow out of the same transaction or occurrence; or, in class action suits, involve the same classes. In this case, Plaintiff seeks damages and injunctive relief on behalf of himself and on behalf of "all Jewish students enrolled at Northwestern University in Illinois for the 2023-2024 academic year"; he sues for violation of Title VI of the Civil Rights Act of 1964 and breach of contract, see 1 320, 329-355. In the case pending before Judge Coleman, Plaintiffs similarly sue on behalf of themselves and on behalf of "all Jewish students currently enrolled at Northwestern's Evanston campus for the 2023-2024 academic school year who did not participate in the encampment"; they claim just breach of contract and seek an order of specific performance. See Doe v. Northwestern, No. 24-cv-04831 at [1-1] 49, 56-70. Although differences exist, the cases overlap significantly, involving the same classes and issues, and stemming from the same occurrence. Both cases stem from the recent encampments and both assert claims arising from the University's alleged breach of its contractual obligations to provide a safe environment for all students. Reassignment is thus proper if: (1) both cases are pending in this Court (they are); (2) the handling of both cases by the same judge is likely to result in a substantial saving of judicial time and effort (it will); (3) the earlier case has not progressed to the point where designating a later filed case as related would be likely to delay the proceedings in the earlier case substantially (it has not); and (4) the cases are susceptible of disposition in a single proceeding (they are). Because the cases satisfy the requirements for reassignment, in consultation with Judge Coleman, the Court grants the motion for reassignment 17 and refers this matter to the Executive Committee so that Case No. 24-cv-04831 can be reassigned to this Court. The Court defers the question of consolidation until the pending motion to remand 9 is resolved in Case No. 24-cv-04831. The Court grants the motion for leave to appear pro hac vice 8 filed by Joshua W.B. Richards in Case No. 24-cv-04831. Defendant shall respond to the motion to remand 9 by 7/3/24. The 6/26/24 Notice of Motion date is stricken as to all motions. Mailed notice (gel, ) (Entered: 06/25/2024)

MOTION by Defendant Northwestern University for extension of time Defendant's Unopposed Motion to Extend Deadline to Answer or Respond to Plaintiffs' Complaints Until Resolution of Motion to Remand and Consolidate (Grabenstein, Casey) (Entered: 07/03/2024)

NOTICE of Motion by Casey T. Grabenstein for presentment of extension of time, 21 before Honorable John Robert Blakey on 7/10/2024 at 11:00 AM. (Grabenstein, Casey) (Entered: 07/03/2024)

MINUTE entry before the Honorable John Robert Blakey: When it granted Defendant's motion to reassign Case No. 24-cv-4831 as related to this case, the Court noted that, "although differences exist, the cases overlap significantly"; the cases involve the same plaintiffs, stem from the same occurrence, and assert common claims. See 20 . One difference is that the Plaintiff in Case No. 24-cv-4831 filed her lawsuit in state court. Defendant removed the case under the Class Action Fairness Act (CAFA), 1, and Plaintiff now moves to remand 9 . Under the CAFA, federal courts have jurisdiction over cases in which: (1) the class consists of 100 or more members (whether they are named or unnamed); (2) any plaintiff is a citizen of a state different from that of any defendant; and (3) the aggregate amount in controversy exceeds the sum or value of $5,000,000, exclusive of interest and costs of suit. 28 U.S.C. §§ 1332(d)(2); (d)(6). Plaintiff challenges only the last element: she argues that the CAFA cannot confer jurisdiction because she seeks injunctive, not monetary relief, and the relief she seeks will not be expensive as she's simply asking Defendant to do what it is contractually bound to do: to enforce its codes of conduct and maintain a safe campus environment. 9 at 3. Where the plaintiff challenges the "defendant's amount in controversy allegations, the defendant must establish by the preponderance of the evidence that the amount in controversy exceeds the jurisdictional threshold." Peatry v. Bimbo Bakeries USA, Inc., 393 F. Supp. 3d 766, 768 (N.D. Ill. 2019) (citing Roppo v. Travelers Commercial Ins. Co., 869 F.3d 568, 579 (7th Cir. 2017)). "Once the defendant meets that burden, the Court may remand the case 'only if the plaintiff can establish the claim is for less than the requisite amount to a legal certainty.' " Id. (citing Roppo, 869 F.3d at 579). See also Spivey v. Vertrue, Inc., 528 F.3d 982, 986 (7th Cir. 2008) ("Once the proponent of federal jurisdiction has explained plausibly how the stakes exceed $5 million, then the case belongs in federal court unless it is legally impossible for the plaintiff to recover that much."). The claims Plaintiff raises, and the issues and incidents that gave rise to the asserted claims remain complicated. Whatever the solution, it remains clear that the cost of prospective injunctive relief counts for purposes of establishing jurisdiction. See, e.g., Tropp v. W.-S. Life Ins. Co., 381 F.3d 591, 595 (7th Cir. 2004) ("the cost a defendant incurs in complying with injunctive relief is a legitimate consideration in a jurisdictional inquiry"); Abraham v. State Farm Mut. Auto. Ins. Co., No. 19-CV-3028, 2020 WL 1433782, at *3 (N.D. Ill. Mar. 24, 2020) ("courts assessing the amount in controversy in lawsuits seeking prospective equitable relief must consider, among other things, the cost to 'comply with an injunction,' 'if the class is right.'"). And, although it may be hard at this point to put a price tag on the relief Plaintiff seeks, it is not hard, based upon the current record, to find that the cost of the remedial measures will run well north of $5 million. Certainly, it is not legally impossible that the amount in controversy satisfies CAFA's threshold. Accordingly, the Court denies Plaintiff's motion to remand 9 and consolidates these cases for all further proceedings. The Court grants Defendant's motion to extend time 21 and strikes the 7/10/24 Notice of Motion date. Plaintiffs shall file any consolidated complaint by 8/6/24, and Defendant shall respond to the consolidated complaint by 8/27/24. The parties shall file a joint status report by 9/6/24, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Mailed notice (gel, ) (Entered: 07/09/2024)

Plaintiffs' Consolidated Class Action Complaint AMENDED complaint by John Doe against Northwestern University (Blonder, Steven) (Entered: 08/06/2024)

MOTION by Defendant Northwestern University for leave to file excess pages for Motion to Dismiss (Unopposed) (Grabenstein, Casey) (Entered: 08/23/2024)

NOTICE of Motion by Casey T. Grabenstein for presentment of motion for leave to file excess pages 25 before Honorable John Robert Blakey on 8/28/2024 at 11:00 AM. (Grabenstein, Casey) (Entered: 08/23/2024)

MINUTE entry before the Honorable John Robert Blakey: The Court grants Defendant's unopposed motion to exceed the page limit 25 and strikes the 8/28/24 Notice of Motion date. Additionally, in light of Defendant's indication that it will move to dismiss the consolidated complaint on 8/27/24, Plaintiffs shall review the Court's Standing Order on Motions to Dismiss, which is available on the Court's homepage at www.ilnd.uscourts.gov. Consistent with the purpose of the Federal Rules "to secure the just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, this Court's Standing Order requires Plaintiffs to make an election as to whether they will amend the complaint under Rule 15(a)(1) or stand on the current complaint and proceed with briefing on the forthcoming motion to dismiss. To this end, Plaintiffs shall file either an amended complaint or a response to the motion to dismiss by 9/17/24. If Plaintiffs elect to brief the motion to dismiss, they may file a response brief of up to 25 pages. Mailed notice. (kp, ) (Entered: 08/23/2024)

MOTION by Defendant Northwestern University to dismiss Plaintiffs' Consolidated Class Action Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) and 12(B)(1) (Grabenstein, Casey) (Entered: 08/27/2024)

MOTION by Plaintiff John DoePlaintiff John Doe 3's Unopposed Motion to Proceed Pseudonymously (Attachments: # 1 Exhibit Memorandum in Support of Plaintiff John Doe 3's Unopposed Motion to Proceed Pseudonymously, # 2 Exhibit 1 - Declaration of Elizabeth A. Fegan, # 3 Exhibit 2 - Declaration of John Doe 3)(Fegan, Elizabeth) (Entered: 08/30/2024)

1 Exhibit Memorandum in Support of Plaintiff John Doe 3's Unopposed Motion to

View on RECAP

2 Exhibit 1 - Declaration of Elizabeth A. Fegan

View on RECAP

3 Exhibit 2 - Declaration of John Doe 3

View on RECAP

NOTICE of Motion by Elizabeth A. Fegan for presentment of motion for miscellaneous relief, 29 before Honorable John Robert Blakey on 9/11/2024 at 11:00 AM. (Fegan, Elizabeth) (Entered: 08/30/2024)

STATUS Report (Joint) by John Doe (Fegan, Elizabeth) (Entered: 09/06/2024)

ATTORNEY Appearance for Plaintiff John Doe by Laura Ann Elkayam (Elkayam, Laura) (Entered: 09/09/2024)

MINUTE entry before the Honorable John Robert Blakey:The Court grants Plaintiff's unopposed motion to proceed via pseudonym 29 and strikes the 9/11/24 Notice of Motion date. Mailed notice (gel, ) (Entered: 09/09/2024)

RESPONSE by John Doein Opposition to MOTION by Defendant Northwestern University to dismiss Plaintiffs' Consolidated Class Action Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) and 12(B)(1) 28 (Blonder, Steven) (Entered: 09/17/2024)

MINUTE entry before the Honorable John Robert Blakey: Defendant shall file any reply in support of its motion to dismiss 28 (not to exceed 15 pages) by 10/1/24. Mailed notice (gel, ) (Entered: 09/19/2024)

ATTORNEY Appearance for Plaintiff Amici Curiae by Stephanie Ann Scharf (Scharf, Stephanie) (Entered: 09/24/2024)

MOTION by Plaintiff Amici Curiae for leave to file Brief as Amici Curiae in Support of Plaintiffs (Attachments: # 1 Exhibit 1 to Motion by NJAC and CAAN for Leave to File Brief as Amici Curiae in Support of Plaintiffs, # 2 Exhibit 1 to Brief of the NJAC and CAAN as Amici Curiae in Support of the Plaintiffs' Opposition to Defendant's Motion to Dismiss, # 3 Exhibit 2 to Brief of the NJAC and the CAAN as Amici Curiae in Support of the Plaintiffs' Opposition to Defendant's Motion to Dismiss)(Scharf, Stephanie) (Entered: 09/24/2024)

1 Exhibit 1 to Motion by NJAC and CAAN for Leave to File Brief as Amici Curiae in

View on RECAP

2 Exhibit 1 to Brief of the NJAC and CAAN as Amici Curiae in Support of the Plaint

View on RECAP

3 Exhibit 2 to Brief of the NJAC and the CAAN as Amici Curiae in Support of the Pl

View on RECAP

NOTICE of Motion by Stephanie Ann Scharf for presentment of motion for leave to file,, 37 before Honorable John Robert Blakey on 10/2/2024 at 11:00 AM. (Scharf, Stephanie) (Entered: 09/24/2024)

ATTORNEY Appearance for Plaintiff Amici Curiae by Theodore L. Banks (Banks, Theodore) (Entered: 09/25/2024)

MINUTE entry before the Honorable John Robert Blakey: The Court denies without prejudice NJAC and CAAN's motion for leave to file an amicus brief in support of Plaintiffs 37 and strikes the 10/2/24 Notice of Motion date. The pending motion remains predicated upon the sufficiency of the allegations in the complaint and upon Plaintiffs' standing to pursue certain claims. As a result, any "unique information or perspective" in the hands of amici remains irrelevant at this early stage and amicus briefs remain inappropriate at this time. Mailed notice (gel, ) (Entered: 10/01/2024)

REPLY by Defendant Northwestern University to motion to dismiss 28 (Thompson, Elizabeth) (Entered: 10/01/2024)

Local Rule 3.2 Annual Reminder Order

Supplement

1 Exhibit A: Yakoby v. Trustees of University of Pennsylvania

View on PACER

2 Exhibit B: Landau v. Haverford College

View on PACER

Order on Motion to Supplement

Miscellaneous Relief

Order on Motion for Miscellaneous Relief