Date: 01-11-2021

Case Style:

Case Number: 1:19-cv-04327

Judge: Valerie E. Caproni

Court: United States District Court for the Southern District of New York (New York County)

Plaintiff's Attorney: United States District Attorney’s Office

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Defendant's Attorney: Michele S. Hirshman, Roberta Ann Kaplan, arren Wright Johnson, Gabrielle Tenzer,
Jenna Minicucci Dabbs, Jordana Lauren Haviv, Joshua Adam Matz, Thomas Alan Rawlinson

Description: New York, New York civil rights sex discrimination lawyer represented Ben Feibleman who sued The Trustees of Columbia University In The City of New York on a civil rights Title IX Educational Amendments 1992 - Sex Discrimination theory claiming that he was wrongful found to have sexually assaulted a female classmate in 2016.

Date Filed # Docket Text
02/24/2020 92 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by The Trustees of Columbia University In The City of New York..(Haviv, Jordana) (Entered: 02/24/2020)
02/24/2020 93 NOTICE AND ORDER FOR WITHDRAWAL OF COUNSEL: PLEASE TAKE NOTICE that, upon the annexed declaration of Jordana L. Haviv, and subject to the approval of the Court, Jordana L. Haviv hereby withdraws as counsel for The Trustees of Columbia University in the City of New York and shall be removed from the Case Management/Electronic Case Files (CM/ECF) notification list in the above-captioned matter. Michele S. Hirshman and Darren W. Johnson of Paul, Weiss, Rifkind, Wharton & Garrison LLP will continue to represent The Trustees of Columbia University in the City of New York in this proceeding. SO ORDERED., Attorney Jordana Lauren Haviv terminated. (Signed by Judge Valerie E. Caproni on 2/24/2020) (ama) (Entered: 02/24/2020)
02/24/2020 94 OPINION AND ORDER: re: 46 MOTION to Dismiss (Counts I, III, IV, V, VI) filed by The Trustees of Columbia University In The City of New York. For the foregoing reasons, Columbia's motion to dismiss is DENIED as to the first cause of action for erroneous outcome under Title IX; GRANTED in part and DENIED in part as to the third cause of action for breach of contract relative to the disciplinary process; DENIED as to the fourth cause of action for breach of contract and the sixth cause of action for promissory estoppel for withholding of Plaintiff's diploma; and GRANTED as to the fifth cause of action for breach of contract for failure to complete the disciplinary investigation within 60 days. To the extent that Plaintiff wishes to seek leave to amend the Complaint to add an erroneous outcome claim aimed at Columbia's dismissal of Plaintiff's claims against Doe, or to allege any specific promise as to the length of Plaintiff's investigation or Columbia's obligation to investigate retaliation claims against Doe, Plaintiff must file a letter motion (no longer than seven pages) for leave to amend in accordance with the Court's Individual Practices and in a manner consistent with this opinion, no later than March 13, 2020; Columbia may file an opposition (no longer than seven pages) on or before March 20, 2020; Plaintiff may file a reply (no longer than three pages) on or before March 25, 2020. The Clerk of Court is respectfully requested to terminate docket entry 46. SO ORDERED., ( Motions due by 3/13/2020., Responses due by 3/20/2020, Replies due by 3/25/2020.) (Signed by Judge Valerie E. Caproni on 2/24/2020) (ama) (Entered: 02/24/2020)
03/02/2020 95 STATUS REPORT. Document filed by Ben Feibleman..(Figliozzi, James) (Entered: 03/02/2020)
03/04/2020 96 LETTER addressed to Judge Valerie E. Caproni from Gabrielle E. Tenzer dated March 4, 2020 re: Time to File Responsive Pleading. Document filed by The Trustees of Columbia University In The City of New York. (Attachments: # 1 Stipulation and Proposed Order).(Tenzer, Gabrielle) (Entered: 03/04/2020)
03/04/2020 97 STIPULATION AND ORDER REGARDING DEFENDANT'S TIME TO FILE A RESPONSIVE PLEADING: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned attorneys for the parties in this action, that: The deadline for Columbia to file a responsive pleading will be adjourned to the earlier of: a. 14 days after Plaintiff advises the Court and Columbia in writing that he will not seek leave to amend the Complaint, or b. 14 days after the Court enters a decision on any letter motion Plaintiff files seeking leave to amend the Complaint. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/04/2020) (ama) (Entered: 03/05/2020)
03/13/2020 98 LETTER MOTION for Leave to File Amended Complaint addressed to Judge Valerie E. Caproni from James E. Figliozzi dated March 13, 2020. Document filed by Ben Feibleman. Return Date set for 3/20/2020 at 11:59 PM. (Attachments: # 1 Exhibit A).(Figliozzi, James) (Entered: 03/13/2020)
03/17/2020 99 LETTER addressed to Judge Valerie E. Caproni from Gabrielle E. Tenzer dated March 17, 2020 re: Request for Extension of Briefing Schedule for Plaintiff's Motion to Amend the Complaint. Document filed by The Trustees of Columbia University In The City of New York..(Tenzer, Gabrielle) (Entered: 03/17/2020)
03/17/2020 100 MEMO ENDORSEMENT: on re: 99 Letter filed by The Trustees of Columbia University In The City of New York. ENDORSEMENT: Application Granted. SO ORDERED., ( Responses due by 4/3/2020, Replies due by 4/20/2020.) (Signed by Judge Valerie E. Caproni on 3/17/2020) (ama) (Entered: 03/17/2020)
03/27/2020 101 LETTER addressed to Judge Valerie E. Caproni from Gabrielle E. Tenzer dated March 27, 2020 re: request to extend upcoming discovery deadlines. Document filed by The Trustees of Columbia University In The City of New York..(Tenzer, Gabrielle) (Entered: 03/27/2020)
03/30/2020 102 MEMO ENDORSEMENT on re: 101 Letter filed by The Trustees of Columbia University In The City of New York. ENDORSEMENT: Application GRANTED. Monthly progress reports must continue for the duration of discovery. (Signed by Judge Valerie E. Caproni on 3/30/2020) (mro) (Entered: 03/30/2020)
04/01/2020 103 STATUS REPORT. re: Status and Progress of Discovery Document filed by The Trustees of Columbia University In The City of New York..(Tenzer, Gabrielle) (Entered: 04/01/2020)
04/03/2020 104 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Thomas Alan Rawlinson to Withdraw as Attorney . Document filed by The Trustees of Columbia University In The City of New York. (Attachments: # 1 Declaration of Thomas A. Rawlinson in Support of Motion to Withdraw).(Rawlinson, Thomas) Modified on 5/5/2020 (db). (Entered: 04/03/2020)
04/03/2020 105 LETTER RESPONSE in Opposition to Motion addressed to Judge Valerie E. Caproni from Roberta A. Kaplan dated April 3, 2020 re: 98 LETTER MOTION for Leave to File Amended Complaint addressed to Judge Valerie E. Caproni from James E. Figliozzi dated March 13, 2020. . Document filed by The Trustees of Columbia University In The City of New York..(Kaplan, Roberta) (Entered: 04/03/2020)
04/09/2020 106 MEMO ENDORSEMENT granting 104 Motion to Withdraw as Attorney. ENDORSEMENT: Application Granted. So Ordered. Attorney Thomas Alan Rawlinson terminated. (Signed by Judge Valerie E. Caproni on 4/9/2020) (js) (Entered: 04/10/2020)
04/20/2020 107 LETTER REPLY to Response to Motion addressed to Judge Valerie E. Caproni from James E. Figliozzi dated April 20, 2020 re: 98 LETTER MOTION for Leave to File Amended Complaint addressed to Judge Valerie E. Caproni from James E. Figliozzi dated March 13, 2020. . Document filed by Ben Feibleman..(Figliozzi, James) (Entered: 04/20/2020)
04/23/2020 108 LETTER addressed to Judge Valerie E. Caproni from Roberta A. Kaplan dated April 23, 2020 re: Plaintiff's Reply Letter in Support of Motion for Leave to File Amended Complaint. Document filed by The Trustees of Columbia University In The City of New York..(Kaplan, Roberta) (Entered: 04/23/2020)
05/01/2020 109 STATUS REPORT. re: Status and Progress of Discovery Document filed by Ben Feibleman..(Figliozzi, James) (Entered: 05/01/2020)
05/01/2020 110 LETTER addressed to Judge Valerie E. Caproni from James E. Figliozzi dated May 1, 2020 re: Response to Defendant's Sur-Reply dated April 23, 2020. Document filed by Ben Feibleman..(Figliozzi, James) (Entered: 05/01/2020)
06/01/2020 111 STATUS REPORT. re: Status and Progress of Discovery Document filed by The Trustees of Columbia University In The City of New York..(Tenzer, Gabrielle) (Entered: 06/01/2020)
07/01/2020 112 STATUS REPORT. Document filed by Ben Feibleman..(Figliozzi, James) (Entered: 07/01/2020)
07/09/2020 113 MEMORANDUM OPINION AND ORDER: re: 98 LETTER MOTION for Leave to File Amended Complaint addressed to Judge Valerie E. Caproni from James E. Figliozzi dated March 13, 2020. filed by Ben Feibleman. For the foregoing reasons, Plaintiff's motion to amend is DENIED. The Clerk of Court is respectfully requested to terminate docket entry 98. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/09/2020) (ama) (Entered: 07/09/2020)
07/21/2020 114 LETTER addressed to Judge Valerie E. Caproni from Gabrielle E. Tenzer dated July 21, 2020 re: Request for Extension of Columbia's Deadline to File a Responsive Pleading. Document filed by The Trustees of Columbia University In The City of New York..(Tenzer, Gabrielle) (Entered: 07/21/2020)
07/21/2020 115 MEMO ENDORSEMENT on re: 114 Letter filed by The Trustees of Columbia University In The City of New York. ENDORSEMENT: Application Granted. SO ORDERED., The Trustees of Columbia University In The City of New York answer due 8/6/2020. (Signed by Judge Valerie E. Caproni on 7/21/2020) (ama) (Entered: 07/21/2020)
07/23/2020 116 LETTER addressed to Judge Valerie E. Caproni from James E. Figliozzi dated July 23, 2020 re: discovery deadlines. Document filed by Ben Feibleman..(Figliozzi, James) (Entered: 07/23/2020)
07/24/2020 117 MEMO ENDORSEMENT: on re: 116 Letter filed by Ben Feibleman. ENDORSEMENT: Application GRANTED as modified. In addition to the foregoing, the parties' joint pre-conference letter, as specified in the original case management plan, is due by December 30, 2020; the parties need not submit a monthly report for January 2021 but such reports shall otherwise continue for the duration of the discovery period. The parties are advised that, given the lengthy extension, no further extension of fact discovery is likely to be granted. SO ORDERED., ( Expert Discovery due by 3/5/2021., Fact Discovery due by 12/31/2020., Pretrial Conference set for 1/8/2021 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 7/24/2020) (ama) (Entered: 07/24/2020)
08/03/2020 118 STATUS REPORT. re: Status and Progress of Discovery Document filed by The Trustees of Columbia University In The City of New York..(Tenzer, Gabrielle) (Entered: 08/03/2020)
08/04/2020 119 LETTER addressed to Judge Valerie E. Caproni from Gabrielle E. Tenzer dated August 4, 2020 re: Request for Extension of Columbia's Deadline to File a Responsive Pleading. Document filed by The Trustees of Columbia University In The City of New York..(Tenzer, Gabrielle) (Entered: 08/04/2020)
08/05/2020 120 MEMO ENDORSEMENT: on re: 119 Letter filed by The Trustees of Columbia University In The City of New York. ENDORSEMENT: Application GRANTED. No further extensions. The parties are reminded to consolidate their foreseeable case management issues, to the extent feasible, into their monthly status reports. SO ORDERED., The Trustees of Columbia University In The City of New York answer due 8/27/2020. (Signed by Judge Valerie E. Caproni on 8/05/2020) (ama) (Entered: 08/05/2020)
08/27/2020 121 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Trustees of Columbia University In The City of New York..(Tenzer, Gabrielle) (Entered: 08/27/2020)
08/27/2020 122 ANSWER to 18 Complaint. Document filed by The Trustees of Columbia University In The City of New York..(Tenzer, Gabrielle) (Entered: 08/27/2020)
08/31/2020 123 ORDER: IT IS HEREBY ORDERED THAT Defendant must re-file its Redacted Answer, no later than September 1, 2020. Also by that deadline, Defendant must file on ECF an unredacted version of the Answer, under seal, viewable only to the parties, in accordance with the Court's Individual Rules regarding electronic sealing. The unredacted version should highlight the text that has been redacted in the Redacted Answer. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/30/2020) (jca) Modified on 8/31/2020 (jca). (Entered: 08/31/2020)
08/31/2020 Set/Reset Deadlines: The Trustees of Columbia University In The City of New York answer due 9/1/2020. (jca) (Entered: 08/31/2020)
09/01/2020 124 ***SELECTED PARTIES***ANSWER to 1 Complaint. Document filed by The Trustees of Columbia University In The City of New York, Ben Feibleman.Motion or Order to File Under Seal: 123 .(Tenzer, Gabrielle) (Entered: 09/01/2020)
09/01/2020 125 ANSWER to 1 Complaint. Document filed by The Trustees of Columbia University In The City of New York..(Tenzer, Gabrielle) (Entered: 09/01/2020)
09/01/2020 126 STATUS REPORT. Document filed by Ben Feibleman..(Figliozzi, James) (Entered: 09/01/2020)
09/08/2020 127 MEMO ENDORSEMENT: on re: 126 Status Report filed by Ben Feibleman. ENDORSEMENT: The Court reminds the parties that the deadline for fact discovery is Thursday, December 31, 2020. The next pre-trial conference is scheduled for Friday, January 8, 2021, at 10:00 A.M. and the parties' joint-pre-conference letter, as specified in the original case management plan, is due by Wednesday, December 30, 2020. See Dkt. 117. The parties are advised that absent extraordinary circumstances, no further extension of fact discovery is likely to be granted. SO ORDERED., ( Fact Discovery due by 12/31/2020., Pretrial Conference set for 1/8/2021 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 9/08/2020) (ama) (Entered: 09/08/2020)
10/01/2020 128 STATUS REPORT. re: Status and Progress of Discovery Document filed by The Trustees of Columbia University In The City of New York..(Tenzer, Gabrielle) (Entered: 10/01/2020)
11/02/2020 129 STATUS REPORT. Document filed by Ben Feibleman..(Lau, Kimberly) (Entered: 11/02/2020)
11/16/2020 130 LETTER addressed to Judge Valerie E. Caproni from Roberta A. Kaplan dated November 16, 2020 re: Request for Extension of Fact Discovery. Document filed by The Trustees of Columbia University In The City of New York..(Kaplan, Roberta) (Entered: 11/16/2020)
11/17/2020 131 MEMO ENDORSEMENT on re: 130 Letter filed by The Trustees of Columbia University In The City of New York. ENDORSEMENT: Application GRANTED. The deadline for fact discovery is hereby extended to Friday, February 12, 2021. No further extensions. The pretrial conference currently scheduled on Friday, January 8, 2021 is hereby adjourned to Friday, February 19, 2021. Pre-conference submissions, as specified in the initial case management plan, are due no later than Thursday, February 11, 2021. All parties and any interested members of the public must attend the conference by dialing 1-888-363-4749, using the access code 3121171, and the security code 4327. All attendees are advised to mute their phones when not speaking and to self-identify each time they speak. (Fact Discovery due by 2/12/2021.) (Signed by Judge Valerie E. Caproni on 11/17/2020) (cf) Modified on 11/17/2020 (cf). (Entered: 11/17/2020)
12/01/2020 132 STATUS REPORT. re: Status and Progress of Discovery Document filed by The Trustees of Columbia University In The City of New York..(Tenzer, Gabrielle) (Entered: 12/01/2020)
12/02/2020 133 MEMO ENDORSEMENT: on re: 132 Status Report filed by The Trustees of Columbia University In The City of New York. ENDORSEMENT: The parties are correct, the deadline to complete expert discovery is extended to April 16, 2021. SO ORDERED., ( Expert Discovery due by 4/16/2021.) (Signed by Judge Valerie E. Caproni on 12/02/2020) (ama) (Entered: 12/02/2020)
12/23/2020 134 PROPOSED STIPULATION AND ORDER. Document filed by Ben Feibleman..(Lau, Kimberly) (Entered: 12/23/2020)

Outcome: 135 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for Plaintiff Ben Feibleman and Defendant The Trustees of Columbia University in the City of New York ("Columbia"), that the above-captioned action is voluntarily dismissed with prejudice against Columbia pursuant to Fed. R. Civ. P. 4. This case is hereby dismissed with prejudice. The Clerk of Court is respectfully directed to terminate all open motions and close this case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/23/2020). *** Party The Trustees of Columbia University In The City of New York terminated. (ama) Modified on 12/27/2020 (ama). (Entered: 12/27/2020)

Plaintiff's Experts:

Defendant's Experts:

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