Case Details

CourtSouthern District of New York
Docket number1:15-cv-03216
Date case filed2015-04-23
Date case closed2017-03-24
Date of latest filing2016-06-15
Assigned toJudge Gregory H. Woods
Case cause20:1681 Title IX Educational Amendments 1992 - Sex Discrimination
Nature of suit448 Civil Rights: Education
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Paul Nungesser
Party type: Plaintiff
Attorney name: Andrew Todd Miltenberg
Attorney Contact:
Nesenoff & Miltenberg, L.L.P.
363 Seventh Avenue
New York, NY 10001
(212) 736-4500
Fax: (212)736-2260
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Philip Arwood Byler
Attorney Contact:
Nesenoff & Miltenberg. LLP
363 Seventh Avenue, 5th Floor
New York, NY 10001
212-736-4500
Fax: 212-736-2260
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Columbia University
Party type: Defendant
Attorney name: Michele S. Hirshman
Attorney Contact:
Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY)
1285 Avenue of the Americas
New York, NY 10019
(212)-373-3000
Fax: (212)-757-3990
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Roberta Ann Kaplan
Attorney Contact:
Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY)
1285 Avenue of the Americas
New York, NY 10019
212-373-3086
Fax: 212-373-2037
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Caitlin Elizabeth Grusauskas
Attorney Contact:
Paul, Weiss, Rifkind, Wharton & Garrison LLP
1285 Avenue of The Americas
New York, NY 10019
(212)-373-3000
Fax: (212)-492-0573
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Darren Wright Johnson
Attorney Contact:
Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY)
1285 Avenue of the Americas
New York, NY 10019
212-373-3710
Fax: 212-492-0710
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Trustees of Columbia University
Party type: Defendant
Attorney name: Michele S. Hirshman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Roberta Ann Kaplan
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Caitlin Elizabeth Grusauskas
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Darren Wright Johnson
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Lee C. Bollinger
Party type: Defendant
Attorney name: Michele S. Hirshman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Roberta Ann Kaplan
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Caitlin Elizabeth Grusauskas
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Darren Wright Johnson
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Jon Kessler
Party type: Defendant
Attorney name: Michele S. Hirshman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Roberta Ann Kaplan
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Caitlin Elizabeth Grusauskas
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Darren Wright Johnson
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: THOMAS VU-DANIEL
Party type: Defendant
individually and as agent Columbia University
Attorney name: Roberta Ann Kaplan
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: MARIANNE HIRSH
Party type: ADR Provider
individually and as agent of Columbia University
Attorney name: Roberta Ann Kaplan
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12015-04-23 ComplaintCOMPLAINT against Lee C. Bollinger, Columbia University, Jon Kessler, Trustees of Columbia University. (Filing Fee $ 350.00, Receipt Number 465401123542)Document filed by Paul Nungesser.(rdz) (rz). (Entered: 04/24/2015)
22015-04-23 Civil Cover SheetCIVIL COVER SHEET filed. (rdz) (rz). (Entered: 04/24/2015)
32015-04-30 Motion for Extension of Time to File AnswerLETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Gregory H. Woods from Roberta A. Kaplan dated April 30, 2015. Document filed by Lee C. Bollinger, Columbia University, Jon Kessler, Trustees of Columbia University.(Kaplan, Roberta) (Entered: 04/30/2015)
42015-05-01 Order on Motion for Extension of Time to AnswerORDER granting 3 Letter Motion for Extension of Time to Answer. Defendants' April 30, 2015 request is granted. Defendants' response to the complaint is due by June 19, 2015. The Court notes, however, that there is no indication on the docket that Defendants have been served with the summons and complaint. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 05/01/2015)
52015-05-04 Affidavit of Service ComplaintsAFFIDAVIT OF SERVICE. Service was accepted by CRAIG ZRALY. Document filed by Paul Nungesser. (Miltenberg, Andrew) (Entered: 05/04/2015)
62015-05-04 Affidavit of Service ComplaintsAFFIDAVIT OF SERVICE. Service was accepted by CRAIG ZRALY. Document filed by Paul Nungesser. (Miltenberg, Andrew) (Entered: 05/04/2015)
72015-05-04 Affidavit of Service ComplaintsAFFIDAVIT OF SERVICE. Service was accepted by CRAIG ZRALY. Document filed by Paul Nungesser. (Miltenberg, Andrew) (Entered: 05/04/2015)
82015-05-04 Affidavit of Service ComplaintsAFFIDAVIT OF SERVICE. Service was accepted by CRAIG ZRALY. Document filed by Paul Nungesser. (Miltenberg, Andrew) (Entered: 05/04/2015)
92015-05-13 Order for Initial Pretrial ConferenceNOTICE OF INITIAL PRETRIAL CONFERENCE: DUE DATE OF JOINT LETTER and PROPOSED CASE MANAGEMENT PLAN: June 18, 2015. DATE AND PLACE OF CONFERENCE: June 25, 2015, at 4:00 p.m. in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York, 10007. (Initial Conference set for 6/25/2015 at 04:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 5/13/2015) (kl) (Entered: 05/13/2015)
102015-05-14 Amended ComplaintAMENDED COMPLAINT amending 1 Complaint against Paul Nungesser with JURY DEMAND.Document filed by Paul Nungesser. Related document: 1 Complaint filed by Paul Nungesser.(Miltenberg, Andrew) (Entered: 05/14/2015)
112015-06-04 Motion to Adjourn ConferenceJOINT LETTER MOTION to Adjourn Conference / initial pretrial conference addressed to Judge Gregory H. Woods from Roberta A. Kaplan dated June 4, 2015., JOINT LETTER MOTION for Extension of Time for briefing schedule addressed to Judge Gregory H. Woods from Roberta A. Kaplan dated June 4, 2015. Document filed by Lee C. Bollinger, Columbia University, Jon Kessler, Paul Nungesser, Trustees of Columbia University.(Kaplan, Roberta) (Entered: 06/04/2015)
122015-06-08 Order on Motion to Adjourn ConferenceORDER granting in part and denying in part 11 Letter Motion to Adjourn Conference. The parties' June 4, 2015 request is granted in part and denied in part. The initial pretrial conference scheduled for June 25, 2015 is adjourned to July 1, 2015, at 10:00 a.m. The joint status letter and proposed case management plan described in this Court's May 13, 2015 order are due by June 24, 2015. The Court will set a briefing schedule on a motion to dismiss only after a pre-motion conference has been held and leave to file such a motion has been granted. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 06/08/2015)
132015-06-24 LetterJOINT LETTER addressed to Judge Gregory H. Woods from Roberta A. Kaplan and Philip A. Byler dated June 24, 2015 re: Pursuant to Court's May 13, 2015 and June 8, 2015 Orders. Document filed by Lee C. Bollinger, Columbia University, Jon Kessler, Paul Nungesser, Trustees of Columbia University. (Attachments: # 1 Text of Proposed Order Civil Case Management Plan and Scheduling Order)(Kaplan, Roberta) (Entered: 06/24/2015)
142015-06-24 Notice of AppearanceNOTICE OF APPEARANCE by Michele S. Hirshman on behalf of Lee C. Bollinger, Columbia University, Jon Kessler, Trustees of Columbia University. (Hirshman, Michele) (Entered: 06/24/2015)
152015-07-01 OrderORDER: As stated during the July 1, 2015 initial pretrial conference, Plaintiff's second amended or supplemented complaint is due by July 20, 2015. Defendants' motion to dismiss is due by August 28, 2015. Within 21 days after service of Defendants' motion, Plaintiff must file either a third amended complaint or an opposition to the motion. Absent special circumstances, no further opportunities to amend to address the deficiencies identified in the motion to dismiss will be granted. If Plaintiff amends the complaint in response to Defendants' motion, within 21 days thereafter, Defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter stating that they rely on the previously filed motion to dismiss. If Plaintiff opposes Defendants' motion, Defendants may file a reply within 7 days after service of Plaintiff's opposition. Discovery in this case is stayed, pending decision on Defendants' motion to dismiss. In the event that the motion to dismiss is denied, within 7 days after the date of the Court's decision, the parties shall submit via email ([email protected]) a Proposed Civil Case Management Plan and Scheduling Order in PDF format using the form available at the Court's website (http://nysd.uscourts.gov/judge/Woods). (Amended Pleadings due by 7/20/2015. Motions due by 8/28/2015.) (Signed by Judge Gregory H. Woods on 7/1/2015) (kko) (Entered: 07/02/2015)
162015-07-02 Notice of AppearanceNOTICE OF APPEARANCE by Caitlin Elizabeth Grusauskas on behalf of Lee C. Bollinger, Columbia University, Jon Kessler, Trustees of Columbia University. (Grusauskas, Caitlin) (Entered: 07/02/2015)
172015-07-17 TranscriptTRANSCRIPT of Proceedings re: conference held on 7/1/2015 before Judge Gregory H. Woods. Court Reporter/Transcriber: Lisa Picciano Fellis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/10/2015. Redacted Transcript Deadline set for 8/20/2015. Release of Transcript Restriction set for 10/19/2015.(McGuirk, Kelly) (Entered: 07/17/2015)
182015-07-17 Notice of Filing TranscriptNOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 7/1/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/17/2015)
192015-07-20 LetterLETTER addressed to Judge Gregory H. Woods from ALL PARTIES dated JULY 20, 2015 Document filed by Lee C. Bollinger, Columbia University, Jon Kessler, Paul Nungesser, Trustees of Columbia University.(Miltenberg, Andrew) (Entered: 07/20/2015)
202015-07-20 Amended ComplaintFILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - - AMENDED COMPLAINT amending 10 Amended Complaint against Lee C. Bollinger, Columbia University, Jon Kessler, Trustees of Columbia University with JURY DEMAND.Document filed by Paul Nungesser. Related document: 10 Amended Complaint filed by Paul Nungesser.(Miltenberg, Andrew) Modified on 7/21/2015 (jom). (Entered: 07/20/2015)
212015-07-20 LetterLETTER addressed to Judge Gregory H. Woods from Roberta A. Kaplan dated July 20, 2015 re: Plaintiff's 7/20/15 Letter. Document filed by Lee C. Bollinger, Columbia University, Jon Kessler, Trustees of Columbia University.(Kaplan, Roberta) (Entered: 07/20/2015)
222015-07-21 Amended ComplaintSUPPLEMENTAL AMENDED COMPLAINT amending 20 Amended Complaint, against Lee C. Bollinger, Columbia University, Jon Kessler, Trustees of Columbia University with JURY DEMAND.Document filed by Paul Nungesser. Related document: 20 Amended Complaint, filed by Paul Nungesser.(Miltenberg, Andrew) Modified on 7/22/2015 (cde). Modified on 7/27/2015 (cde). (Entered: 07/21/2015)
232015-07-27 Amended ComplaintFILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE - SUPPLEMENTAL AMENDED COMPLAINT amending 22 Amended Complaint, against Lee C. Bollinger, Columbia University, Jon Kessler, Trustees of Columbia University with JURY DEMAND.Document filed by Paul Nungesser. Related document: 22 Amended Complaint, filed by Paul Nungesser.(Miltenberg, Andrew) Modified on 7/28/2015 (mqu). (Entered: 07/27/2015)
242015-07-28 Amended ComplaintAMENDED COMPLAINT amending 23 Amended Complaint, against Lee C. Bollinger, Columbia University, Jon Kessler, Trustees of Columbia University with JURY DEMAND.Document filed by Paul Nungesser. Related document: 23 Amended Complaint, filed by Paul Nungesser. (Attachments: # 1 Exhibit TRANSCRIPT OF PROCEEDINGS)(Miltenberg, Andrew) (Entered: 07/28/2015)
252015-07-29 LetterLETTER addressed to Judge Gregory H. Woods from PHILIP BYLER dated JULY 29,2015 re: LEAVE TO FILE AMENDED SUPPLEMENTAL COMPLAINT. Document filed by Paul Nungesser.(Miltenberg, Andrew) (Entered: 07/29/2015)
262015-07-30 Amended ComplaintAMENDED COMPLAINT amending 20 Amended Complaint, against Lee C. Bollinger, Columbia University, Jon Kessler, Trustees of Columbia University with JURY DEMAND.Document filed by Paul Nungesser. Related document: 20 Amended Complaint, filed by Paul Nungesser. (Attachments: # 1 LETTER SEEKING LEAVE)(Miltenberg, Andrew) (Entered: 07/30/2015)
26.1 LETTER SEEKING LEAVE
272015-07-31 Memo EndorsementMEMO ENDORSEMENT on re: 25 Letter re: leave to file amended supplemental complaint, filed by Paul Nungesser. ENDORSEMENT: Application granted. The amended complaint must be filed by no later than Monday August 3, 2015. (Amended Pleadings due by 8/3/2015.) (Signed by Judge Gregory H. Woods on 7/31/2015) (kko) (Entered: 07/31/2015)
282015-08-28 Motion to DismissMOTION to Dismiss the Amended & Supplemented Complaint. Document filed by Lee C. Bollinger, Columbia University, Jon Kessler, Trustees of Columbia University.(Kaplan, Roberta) (Entered: 08/28/2015)
292015-08-28 Memorandum of Law in Support of MotionMEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss the Amended & Supplemented Complaint. . Document filed by Lee C. Bollinger, Columbia University, Jon Kessler, Trustees of Columbia University. (Kaplan, Roberta) (Entered: 08/28/2015)
302015-09-18 LetterLETTER addressed to Judge Gregory H. Woods from ANDREW MILTENBERG AND PHILIP BYLER dated SEPTEMBER 18, 2015 re: CONSENTED TO EXTENSION OF TIME. Document filed by Paul Nungesser.(Miltenberg, Andrew) (Entered: 09/18/2015)
312015-09-18 OrderORDER re: 30 Letter filed by Paul Nungesser. The Plaintiff's September 18, 2015 request is granted. Plaintiff's opposition to Defendants' Motion to Dismiss is due by September 21, 2015. Defendants' reply is due by September 28, 2015. (HEREBY ORDERED by Judge Gregory H. Woods on September 18, 2015) (Text Only Order) (Woods, Gregory) (Entered: 09/18/2015)
322015-09-21 Memorandum of Law in Opposition to MotionMEMORANDUM OF LAW in Opposition re: 28 MOTION to Dismiss the Amended & Supplemented Complaint. . Document filed by Paul Nungesser. (Miltenberg, Andrew) (Entered: 09/21/2015)
332015-09-24 OrderORDER. Defendants are directed to identify whether any member of the board of trustees is or was at any relevant time a citizen of a foreign state, and if so, address the impact of that person's citizenship on this Court's diversity jurisdiction. If a member of the board of trustees is a citizen of a foreign state and supplemental briefing is required, Defendant's reply brief may be 15 pages long, and Plaintiff will be permitted a sur-opposition brief of 6 pages, limited to this issue, and due 7 days after Defendant's reply. (HEREBY ORDERED by Judge Gregory H. Woods on September 24, 2015) (Text Only Order) (Woods, Gregory) (Entered: 09/24/2015)
342015-09-25 Notice of AppearanceNOTICE OF APPEARANCE by Darren Wright Johnson on behalf of Lee C. Bollinger, Columbia University, Jon Kessler, Trustees of Columbia University. (Johnson, Darren) (Entered: 09/25/2015)
352015-09-28 Reply Memorandum of Law in Support of MotionREPLY MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss the Amended & Supplemented Complaint. . Document filed by Lee C. Bollinger, Columbia University, Jon Kessler, Trustees of Columbia University. (Kaplan, Roberta) (Entered: 09/28/2015)
362016-03-11 Memorandum & OpinionMEMORANDUM OPINION AND ORDER re: 28 MOTION to Dismiss the Amended & Supplemented Complaint filed by Lee C. Bollinger, Jon Kessler, Trustees of Columbia University, Columbia University. For the foregoing reasons, the motion to dismiss is GRANTED in its entirety. Nungesser may file a second amended complaint with respect to the claims that were dismissed without prejudice within 30 days from the date of this order. If no amended complaint is filed within 30 days, the Court will enter a final judgment of dismissal and direct the Clerk of Court to close this case. (As further set forth in this Order.) (Signed by Judge Gregory H. Woods on 3/11/2016) (kko) (Entered: 03/11/2016)
372016-03-16 OrderORDER. As discussed on the record during the telephone conference held March 16, 2016, the deadline for plaintiff to file his Second Amended Complaint is extended by two weeks to April 25, 2016. (HEREBY ORDERED by Judge Gregory H. Woods on March 16, 2016) (Text Only Order)(Woods, Gregory) (Entered: 03/16/2016)
382016-03-24 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/16/2016 before Judge Gregory H. Woods. Court Reporter/Transcriber: Tara Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/18/2016. Redacted Transcript Deadline set for 4/28/2016. Release of Transcript Restriction set for 6/27/2016.(McGuirk, Kelly) (Entered: 03/24/2016)
392016-03-24 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/16/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 03/24/2016)
402016-03-11 INTERNET CITATION NOTE: Material from decision with Internet citation re: 36 Memorandum & Opinion. (vf) (Entered: 03/25/2016)
412016-04-25 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR SECOND AMENDED COMPLAINT amending 26 Amended Complaint, against Paul Nungesser with JURY DEMAND.Document filed by Paul Nungesser. Related document: 26 Amended Complaint, filed by Paul Nungesser. (Attachments: # 1 Part 2 of 3, # 2 Part 3 of 3)(Miltenberg, Andrew) Modified on 4/26/2016 (pc). (Entered: 04/25/2016)
41.1 Part 2 of 3
41.2 Part 3 of 3
422016-04-26 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FRCP RULE 15 NON-COMPLIANCE - SECOND AMENDED COMPLAINT amending 41 Amended Complaint, against Lee C. Bollinger, Columbia University, Jon Kessler, Trustees of Columbia University with JURY DEMAND.Document filed by Paul Nungesser. Related document: 41 Amended Complaint, filed by Paul Nungesser. (Attachments: # 1 PART 2 OF 3, # 2 PART 3 OF 3)(Miltenberg, Andrew) Modified on 4/27/2016 (pc). (Entered: 04/26/2016)
42.1 PART 2 OF 3
42.2 PART 3 OF 3
432016-04-27 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE SECOND AMENDED COMPLAINT amending 42 Amended Complaint,, against Lee C. Bollinger, Columbia University, Jon Kessler, Trustees of Columbia University, THOMAS VU-DANIEL, MARIANNE HIRSH with JURY DEMAND.Document filed by Paul Nungesser. Related document: 42 Amended Complaint,, filed by Paul Nungesser. (Attachments: # 1 PART 2 OF 3, # 2 PART 3 OF 3, # 3 Exhibit DECISION GRANTING LEAVE)(Miltenberg, Andrew) Modified on 4/28/2016 (pc). (Entered: 04/27/2016)
442016-05-03 LETTER addressed to Judge Gregory H. Woods from Roberta A. Kaplan dated May 3, 2016 re: Pre-Motion Letter re: Defendants' Response to Plaintiff's Second Amended and Supplemented Complaint. Document filed by Lee C. Bollinger, Columbia University, MARIANNE HIRSH, Jon Kessler, Trustees of Columbia University, THOMAS VU-DANIEL.(Kaplan, Roberta) (Entered: 05/03/2016)
452016-05-04 ORDER. The Court will hold a conference via telephone on May 5, 2016 at 11:00 a.m. Counsel are directed to call Chambers (212-805-0296) at that time with all participants on the line. The Court will be participating in the conference call from Courtroom 12C, Daniel Patrick Moynihan Courthouse, 500 Pearl St., New York, NY 10007. (HEREBY ORDERED by Judge Gregory H. Woods on May 4, 2016) (Text Only Order)(Woods, Gregory) (Entered: 05/04/2016)
462016-05-05 ORDER. As discussed on the record during the telephone conference held on May 5, 2016, Defendants' motion to dismiss is due by June 15, 2016. Plaintiff's opposition is due no later than July 20, 2016, and Defendants' reply, if any, is due two weeks from the date of service of the opposition. The parties are directed to meet and confer regarding Defendants' proposed motion to strike prior to the filing of any such motion. (HEREBY ORDERED by Judge Gregory H. Woods on May 5, 2016) (Text Only Order)(Woods, Gregory) (Entered: 05/05/2016)
472016-05-12 CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Gregory H. Woods from Roberta A. Kaplan dated May 12, 2016. Document filed by Lee C. Bollinger, Columbia University, Jon Kessler, Trustees of Columbia University.(Kaplan, Roberta) (Entered: 05/12/2016)
482016-05-13 ORDER granting in part and denying in part 47 Letter Motion for Leave to File Excess Pages. The parties' motion for leave to file excess pages is granted in part and denied in part. Defendants' brief in support of their motion to dismiss may be up to 35 pages in length, Plaintiff's opposition may be up to 35 pages in length, and Defendants' reply may be up to 15 pages in length. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 05/13/2016)
492016-05-17 TRANSCRIPT of Proceedings re: conference held on 5/5/2016 before Judge Gregory H. Woods. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2016. Redacted Transcript Deadline set for 6/20/2016. Release of Transcript Restriction set for 8/18/2016.(McGuirk, Kelly) (Entered: 05/17/2016)
502016-05-17 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/5/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/17/2016)
512016-05-27 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/5/2016 before Judge Gregory H. Woods. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/20/2016. Redacted Transcript Deadline set for 6/30/2016. Release of Transcript Restriction set for 8/29/2016.(McGuirk, Kelly) (Entered: 05/27/2016)
522016-05-27 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/5/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/27/2016)
532016-06-15 MOTION to Dismiss the Second Amended & Supplemented Complaint. Document filed by Lee C. Bollinger, Columbia University, MARIANNE HIRSH, Jon Kessler, Trustees of Columbia University, THOMAS VU-DANIEL.(Kaplan, Roberta) (Entered: 06/15/2016)
542016-06-15 MEMORANDUM OF LAW in Support re: 53 MOTION to Dismiss the Second Amended & Supplemented Complaint. . Document filed by Lee C. Bollinger, Columbia University, MARIANNE HIRSH, Jon Kessler, Trustees of Columbia University, THOMAS VU-DANIEL. (Kaplan, Roberta) (Entered: 06/15/2016)
552016-06-15 MOTION to Strike Portions of the Second Amended & Supplemented Complaint. Document filed by Lee C. Bollinger, Columbia University, MARIANNE HIRSH, Jon Kessler, Trustees of Columbia University, THOMAS VU-DANIEL.(Kaplan, Roberta) (Entered: 06/15/2016)
562016-06-15 MEMORANDUM OF LAW in Support re: 55 MOTION to Strike Portions of the Second Amended & Supplemented Complaint. . Document filed by Lee C. Bollinger, Columbia University, MARIANNE HIRSH, Jon Kessler, Trustees of Columbia University, THOMAS VU-DANIEL. (Kaplan, Roberta) (Entered: 06/15/2016)
572016-06-15 DECLARATION of Roberta A. Kaplan in Support re: 55 MOTION to Strike Portions of the Second Amended & Supplemented Complaint.. Document filed by Lee C. Bollinger, Columbia University, MARIANNE HIRSH, Jon Kessler, Trustees of Columbia University, THOMAS VU-DANIEL. (Attachments: # 1 Exhibit A part 1, # 2 Exhibit A part 2, # 3 Exhibit A part 3, # 4 Exhibit B part 1, # 5 Exhibit B part 2, # 6 Exhibit B part 3)(Kaplan, Roberta) (Entered: 06/15/2016)
582016-07-20 MEMORANDUM OF LAW in Opposition re: 55 MOTION to Strike Portions of the Second Amended & Supplemented Complaint. . Document filed by Paul Nungesser. (Miltenberg, Andrew) (Entered: 07/20/2016)
592016-07-20 MEMORANDUM OF LAW in Opposition re: 53 MOTION to Dismiss the Second Amended & Supplemented Complaint. . Document filed by Paul Nungesser. (Miltenberg, Andrew) (Entered: 07/20/2016)
602016-08-02 CONSENT LETTER MOTION for Extension of Time to File Defendants' Reply Brief, Plaintiff's Supplemental Brief, and Defendants' Sur-Reply to Motion to Dismiss addressed to Judge Gregory H. Woods from Roberta A. Kaplan dated August 2, 2016. Document filed by Lee C. Bollinger, Columbia University, Jon Kessler, Trustees of Columbia University, THOMAS VU-DANIEL.(Kaplan, Roberta) (Entered: 08/02/2016)
612016-08-02 ORDER granting 60 Letter Motion for Extension of Time to File. The parties' request to modify the briefing schedule in light of the Second Circuit's decision in Doe v. Columbia Univ., No. 15-1536 2016 WL 4056034 (2d Cir. July 29, 2016) is granted. Defendants' reply brief in support of their motion to dismiss is due no later than August 12, 2016 and may be up to 20 pages in length. No later than August 19, 2016, Plaintiff may file a supplemental brief limited to addressing the Doe decision; this brief shall be no more than 10 pages in length. No later than August 29, 2016, Defendants may file a sur-reply brief limited to addressing the Doe decision; this brief shall be no more than 5 pages in length. The briefing schedule for Defendants' motion to strike is unchanged. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 08/02/2016)
622016-08-03 REPLY MEMORANDUM OF LAW in Support re: 55 MOTION to Strike Portions of the Second Amended & Supplemented Complaint. . Document filed by Lee C. Bollinger, Columbia University, MARIANNE HIRSH, Jon Kessler, Trustees of Columbia University, THOMAS VU-DANIEL. (Kaplan, Roberta) (Entered: 08/03/2016)
632016-08-12 REPLY MEMORANDUM OF LAW in Support re: 53 MOTION to Dismiss the Second Amended & Supplemented Complaint. . Document filed by Lee C. Bollinger, Columbia University, MARIANNE HIRSH, Jon Kessler, Trustees of Columbia University, THOMAS VU-DANIEL. (Kaplan, Roberta) (Entered: 08/12/2016)
642016-08-19 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 53 MOTION to Dismiss the Second Amended & Supplemented Complaint. . Document filed by Paul Nungesser. (Miltenberg, Andrew) (Entered: 08/19/2016)
652016-08-25 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 53 MOTION to Dismiss the Second Amended & Supplemented Complaint. . Document filed by Lee C. Bollinger, Columbia University, MARIANNE HIRSH, Jon Kessler, Trustees of Columbia University, THOMAS VU-DANIEL. (Kaplan, Roberta) (Entered: 08/25/2016)
662017-03-07 ORDER. The Court observes that Plaintiff's second amended complaint cites to four appendices described as containing various Columbia University policies. See Dkt. No. 43, Second Am. & Supplemented Compl. ("SAC"), 208. However, Plaintiff failed to file those appendices either as exhibits to the SAC or as a separate entries on the docket. Plaintiff is directed to file Appendices A-D, as described in paragraph 208 of his SAC, promptly, and in any event no later than March 9, 2017, via ECF. The Court is aware that Defendants have not had the benefit of those appendices in briefing their motion to dismiss the SAC. If, upon Plaintiff's filing of the appendices, Defendants wish to request leave to conduct supplemental briefing, they may do so by filing a letter via ECF no later than March 10, 2017. (HEREBY ORDERED by Judge Gregory H. Woods on March 7, 2017) (Text Only Order)(Woods, Gregory) (Entered: 03/07/2017)
672017-03-08 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED COMPLAINT amending 43 Amended Complaint,, against Lee C. Bollinger, Columbia University, Jon Kessler, Trustees of Columbia University, THOMAS VU-DANIEL with JURY DEMAND.Document filed by Paul Nungesser. Related document: 43 Amended Complaint,, filed by Paul Nungesser. (Attachments: # 1 Second Amended and Supplemented Complaint Part 2 of 3, # 2 Second Amended and Supplemented Complaint Part 3 of 3, # 3 Appendix A, # 4 Appendix B, # 5 Appendix C, # 6 Appendix D, # 7 Exhibit Decision Granting Leave, # 8 Exhibit Order to File Appendices A-D)(Miltenberg, Andrew) Modified on 3/9/2017 (pc). (Entered: 03/08/2017)
682017-03-09 LETTER addressed to Judge Gregory H. Woods from Roberta A. Kaplan dated March 9, 2017 re: Response to March 7, 2017 Order. Document filed by Lee C. Bollinger, Columbia University, MARIANNE HIRSH, Jon Kessler, Trustees of Columbia University, THOMAS VU-DANIEL.(Kaplan, Roberta) (Entered: 03/09/2017)
692017-03-10 SECOND AMENDED COMPLAINT amending 43 Amended Complaint,, against Lee C. Bollinger, Columbia University, Marianne Hirsch, Jon Kessler, Trustees of Columbia University, THOMAS VU-DANIEL with JURY DEMAND.Document filed by Paul Nungesser. Related document: 43 Amended Complaint,, filed by Paul Nungesser. (Attachments: # 1 Second Amended and Supplemented Complaint Part 2 of 3, # 2 Second Amended and Supplemented Complaint Part 3 of 3, # 3 Appendix A, # 4 Appendix B, # 5 Appendix C, # 6 Appendix D, # 7 Decision Granting Leave, # 8 Order to File Appendices A-D)(Miltenberg, Andrew) (Entered: 03/10/2017)
702017-03-23 MEMORANDUM OPINION AND ORDER re: 55 MOTION to Strike Portions of the Second Amended & Supplemented Complaint filed by Lee C. Bollinger, Thomas Vu-Daniel, Jon Kessler, Trustees of Columbia University, Columbia University. Because the Court does not conclude that the challenged portions of the SAC would work prejudice on Defendants if not stricken, Defendants' motion to strike is DENIED. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 55. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/23/2017) (anc) (Entered: 03/23/2017)
712017-03-24 MEMORANDUM OPINION & ORDER re: 53 MOTION to Dismiss the Second Amended & Supplemented Complaint filed by Lee C. Bollinger, Thomas Vu-Daniel, Jon Kessler, Trustees of Columbia University, Columbia University. For the foregoing reasons, the motion dismiss is GRANTED in its entirety. Because the Court has concluded that any further amendment would be futile, Nungesser's Second Amended and Supplemented Complaint is DISMISSED with prejudice. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 53, enter judgment in favor of the defendants, and close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/24/2017) (anc) (Entered: 03/24/2017)
722017-03-24 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion & Order dated March 24, 2017, the motion to dismiss is granted in its entirety. Because the Court has concluded that any further amendment would be futile, Nungesser's Second Amended and Supplemental Complaint is dismissed with prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/24/2017) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal)(km) (Entered: 03/24/2017)
732017-03-30 NOTICE OF APPEAL from 71 Memorandum & Opinion,, 72 Clerk's Judgment,,. Document filed by Paul Nungesser. Filing fee $ 505.00, receipt number 0208-13485376. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Miltenberg, Andrew) (Entered: 03/30/2017)
742017-03-24 INTERNET CITATION NOTE: Material from decision with Internet citation re: 71 Memorandum & Opinion. (vf) (Entered: 04/19/2017)
752017-07-06 NOTICE OF CHANGE OF ADDRESS by Roberta Ann Kaplan on behalf of Columbia University. New Address: Kaplan & Company, LLP, 105 E. 34th St., Unit 171, New York, NY, United States 10016, 2127630883. (Kaplan, Roberta) (Entered: 07/06/2017)
762017-07-10 MANDATE of USCA (Certified Copy) as to 73 Notice of Appeal, filed by Paul Nungesser. USCA Case Number 17-900. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/10/2017. (nd) (Entered: 07/10/2017)