Doe v. Rensselaer Polytechnic Institute et al

New York Northern District Court
Judge:	Daniel J Stewart
Referred:	Daniel J Stewart
Case #:	1:19-cv-00719
Nature of Suit	448 Civil Rights - Education
Cause	20:1681 Title IX Educational Amendments 1992 - Sex Discrimination

Case Filed:	Jun 18, 2019
Terminated:	Apr 17, 2020

Docket
Parties (8)

Last checked: Sunday Dec 15, 2019 4:09 AM EST

Defendant Rensselaer Polytechnic Institute	Represented By Rhiannon Ineva Spencer Pattison, Sampson Law Firm contact info
Mediator (Mandatory Program) Randolph F. Treece	Represented By Randolph F. Treece Jones, Hacker, Murphy LLP contact info
Plaintiff John Doe	Represented By Scott W. Iseman O'Connell, Aronowitz Law Firm - Albany Office contact info
TERMINATED PARTIES
Defendant Travis Apgar Terminated: 08/21/2019	Represented By Rhiannon Ineva Spencer Pattison, Sampson Law Firm contact info
Defendant Elizabeth Brown-Goyette Terminated: 08/21/2019	Represented By Rhiannon Ineva Spencer Pattison, Sampson Law Firm contact info
Defendant Larry Hardy Terminated: 08/21/2019	Represented By Rhiannon Ineva Spencer Pattison, Sampson Law Firm contact info
Defendant Peter Knowerski Terminated: 08/21/2019	Represented By Rhiannon Ineva Spencer Pattison, Sampson Law Firm contact info
Defendant LeNorman Strong Terminated: 08/21/2019	Represented By Rhiannon Ineva Spencer Pattison, Sampson Law Firm contact info

Docket last updated: 05/02/2025 11:59 PM EDT

Friday, April 17, 2020
40		40 2 pgs order Order Dismissing Case Fri 04/17 2:56 PM ORDER OF DISMISSAL BY REASON OF SETTLEMENT. THIS MATTER IS HEREBY dismissed and discontinued in its entirety, without costs, and without prejudice to the right of any party to reopen this action within ninety (90) days of the date of this Order if settlement is not consummated. Any application to reopen this case must be filed within ninety (90) days of the date of this Order. An application to reopen filed after the expiration of that ninety day period, unless it is extended by the Court prior to its expiration, may be summarily denied solely on the basis of untimeliness. If the parties wish for the court to retain ancillary jurisdiction for the purpose of enforcing any settlement agreement, they must submit a request that the Court retain jurisdiction over enforcement of the agreement or submit the agreement to the Court for incorporation of its terms in an Order retaining jurisdiction within the above-referenced ninety (90) day period for reopening the matter. The dismissal of the above-captioned action shall become with prejudice on the ninety-first day following the date of this Order, unless any party moves to reopen this case within ninety (90) days of the date of this Order upon a showing that the settlement was not consummated, or the Court extends the ninety (90) day period to its expiration. Signed by Magistrate Judge Daniel J. Stewart on 4/17/2020. (mab) Related: [-]
Wednesday, January 22, 2020
39		39 adr Report of Mandatory Mediation Wed 01/22 3:38 PM REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on 1/14/2020. Total Hours Spent by Mediator: 2.5; The outcome of Mandatory Mediation is: CASE HAS SETTLED. The Settlement Agreement and Stipulation for Dismissal are being prepared and will be submitted for the courts consideration. (Treece, Randolph) Related: [-]
38		38 adr Confidentiality Agreement Wed 01/22 3:37 PM CONFIDENTIALITY AGREEMENT (Treece, Randolph) Related: [-]
		adr ADR Completed Wed 01/22 3:54 PM ADR COMPLETED - CASE SETTLED. Mediator Randolph F. Treece terminated.(rjb, ) Related: [-]
Monday, January 06, 2020
37		37 9 pgs order Order Mon 01/06 12:10 PM PROTECTIVE ORDER. Signed by Magistrate Judge Daniel J. Stewart on 1/6/2020. (mab) Related: [-]
Monday, December 30, 2019
36		36 notice Notice - Other Mon 12/30 2:38 PM NOTICE by Rensselaer Polytechnic Institute Executed Protective Order (Spencer, Rhiannon) Related: [-]
Friday, December 20, 2019
35		35 notice Notice - Other Fri 12/20 10:57 AM NOTICE by Rensselaer Polytechnic Institute Joint Proposed Protective Order (Spencer, Rhiannon) Related: [-]
34		34 misc Status Report Fri 12/20 10:52 AM STATUS REPORT Joint by Rensselaer Polytechnic Institute. (Spencer, Rhiannon) Related: [-]
Tuesday, October 15, 2019
33		33 adr Stipulation Selecting Mediator Tue 10/15 10:34 AM STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Randolph Treece, Esq. has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Scott W. Iseman, Esq. and Rhiannon I. Spencer, Esq.. Dated: October 15, 2019(Iseman, Scott) Related: [-]
Thursday, October 10, 2019
32		32 order Order on Letter Request Thu 10/10 2:06 PM TEXT ORDER: On October 9, 2019, Plaintiff filed a Letter Request, with the consent of Defendant, seeking an extension of time to select a Mediator in this matter. Dkt. No.31 . Based upon the reasons set forth in Plaintiff's submission and upon the consent of the parties, the request is GRANTED and the deadline to select a Mediator is extended to October 22, 2019. SO ORDERED by Magistrate Judge Daniel J. Stewart on 10/10/2019. (mab) Related: [-]
Wednesday, October 09, 2019
31		31 motion Letter Request/Motion Wed 10/09 12:05 PM Letter Motion from Scott W. Iseman, Esq. for John Doe requesting extension of mediator selection date submitted to Judge Stewart . (Iseman, Scott) Related: [-]
Tuesday, September 17, 2019
30		30 2 pgs order Order Referring Case to Mandatory Mediation Tue 09/17 12:03 PM ORDER REFERRING CASE TO MANDATORY MEDIATION PROGRAM: This case is referred to participation in the Mandatory Mediation Program. The parties should refer to General Order #47. The deadline for completion of Mandatory Mediation is 2/1/2020. The deadline for the parties file a Stipulation selecting a Mediator is 10/15/2019. Signed by Magistrate Judge Daniel J. Stewart on 9/17/2019. (mab) Related: [-]
29		29 order Uniform Pretrial Scheduling Order Tue 09/17 11:57 AM UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 10 Days. Preferred Trial Location: Albany, NY. Joinder of Parties due by 10/7/2019. Amended Pleadings due by 10/7/2019. The Court has discussed Mandatory Mediation with the parties and will issue a separate Order referring this action into the Mandatory Mediation Program. The deadline to complete Mandatory Mediation is 2/1/2020. Discovery due by 2/28/2020. Motions to be filed by 3/27/2020. Status Report due by 12/20/2019. Signed by Magistrate Judge Daniel J. Stewart on 9/17/2019. (mab) Related: [-]
Monday, September 16, 2019
		minutes Pretrial Conference - Initial Tue 09/17 11:54 AM Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Rule 16 Initial Pretrial Conference held on 9/16/2019. Appearances: Scott Iseman, Esq. for Plaintiff; Rhiannon Spencer, Esq. for Defendant. The Court hears from counsel as to their positions and how they intend to proceed in this matter. Mandatory Disclosures have been exchanged. The Court discusses the Mandatory Mediation Program with counsel. Scheduling Order deadlines set. A Uniform Pretrial Order will be issued. (TIME: 9:30AM-9:41AM). (mab) Related: [-]
Wednesday, September 11, 2019
		notice Notice - Other Wed 09/11 9:49 AM TEXT NOTICE: The Rule 16 Initial Conference in this matter is set for September 16, 2019 at 9:30 AM before Magistrate Judge Daniel J. Stewart. Counsel are to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY on the scheduled date and time. (mab) Related: [-]
Thursday, September 05, 2019
28		28 misc Civil Case Management Plan Thu 09/05 2:29 PM CIVIL CASE MANAGEMENT PLAN by John Doe. (Iseman, Scott) Related: [-]
Wednesday, August 21, 2019
27		27 27 pgs order Order on Motion for TRO Order on Motion to Dismiss for Failure to State a Claim Wed 08/21 2:10 PM DECISION and ORDER: ORDERED, that Plaintiff's request to proceed under pseudonym is GRANTED; and it is further ORDERED, that Plaintiff's4 Motion for a Temporary Restraining Order and Preliminary Injunction is DENIED and it is further ORDERED, that Defendants'15 Partial Motion to Dismiss is GRANTED; and it is further ORDERED, that Defendants Elizabeth Brown-Goyette, Larry Hardy, Travis Apgar, LeNorman Strong, and Peter Knowerski are DISMISSED as Defendants in this action. Signed by Magistrate Judge Daniel J. Stewart on 8/21/2019. (mgh, ) Related: [-]
Tuesday, August 20, 2019
26		26 misc Letter Brief Tue 08/20 11:30 AM LETTER BRIEF by John Doe in response to Defendants'25 Supplemental Affidavit. (mab) Related: [-]
Thursday, August 15, 2019
25		25 respm Affidavit in Opposition to Motion Thu 08/15 2:20 PM AFFIDAVIT in Opposition re4 First MOTION for Temporary Restraining Order Supplemental Affidavit filed by Travis Apgar, Elizabeth Brown-Goyette, Larry Hardy, Peter Knowerski, Rensselaer Polytechnic Institute, LeNorman Strong. (Spencer, Rhiannon) Related: [-]
Wednesday, August 14, 2019
24		24 order Order Wed 08/14 3:44 PM TEXT ORDER. Following the recently held oral argument on the Plaintiff's Motion for a Preliminary Injunction, the Court directed defense counsel to provide it with a complete copy of the documents submitted to the RPI Hearing Board upon which they based their determination. Pursuant to the Affidavit of Larry Hardy, Dkt. No. 11-1, it was the Court's understanding that portions of the documents submitted to the Hearing Board were redacted, and in particular, that the credibility assessment contained in the Investigative Report was not provided to the Hearing Board. Hardy Aff'd. at 45. However, upon an in camera review of the documents provided by the Defendants' counsel, it does not appear that such reactions were in fact made. The Court directs that defense counsel correct the record by submitting a supplemental affidavit, if necessary, and to provide Plaintiffs counsel with a copy of the records that were recently submitted to the Court for an in camera review. Those records shall be held on attorney's eyes only basis by Plaintiff's counsel. Any supplemental filing by Defendants, and the production of the documents to Plaintiff's counsel, shall be completed on or before August 15, 2019. Plaintiff's counsel is granted permission to submit a response on August 16, 2019. SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 8/14/2019. (Stewart, Daniel) Related: [-]
Friday, August 09, 2019
		notice Notice - Other Fri 08/09 2:15 PM TEXT NOTICE re Defendants'15 MOTION to Dismiss. The motion will be on SUBMIT only. No oral argument will be heard unless otherwise directed by the Court. (mab) Related: [-]
Thursday, August 08, 2019
23		23 order Order Thu 08/08 3:59 PM TEXT ORDER. During the recently held oral argument on the Plaintiffs Motion for a Preliminary Injunction, reference was made to the evidence packet that was submitted to the Case Management Team in connection with the Complaint of Jane Roe # 1. It is unclear to the Court what evidence was submitted first to the CMT, and thereafter to the Hearing Board, particularly as it relates to statements of Jane Roe # 2 regarding a claim of sexual misconduct by John Doe on a separate occasion. Accordingly, the Court directs that Defendant RPI submit, for an in camera review, a complete copy of the evidence packet provided to the CMT, as well as the evidence submitted to the Hearing Board which formed the basis of its decision on the appeal by John Doe of the CMT's findings. That submission shall be made on or before August 9, 2019. SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 8/8/2019. (Stewart, Daniel) Related: [-]
		minutes Motion Hearing Fri 08/09 2:14 PM Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Oral Argument held on 8/8/2019 re Plaintiff's4 MOTION for Temporary Restraining Order. Appearances: Scott Iseman, Esq. and Julia Kosneski, Esq. for Plaintiff; Rhiannon Spencer, Esq. and Michael Ginsberg, Esq. for Defendants. The Court first addresses Plaintiff's request to proceed anonymously in this matter. After hearing from counsel, the Court grants the request. The Court hears argument as to Plaintiff's Motion for a Temporary Restraining Order. After hearing from counsel, the Court reserves on a decision. A written order on the motion will be issued. (TIME: 10:00AM-10:58AM). (Court Reporter: Jacqueline Stroffolino) (mab) Related: [-]
Thursday, August 01, 2019
22		22 respm Reply to Response to Motion Thu 08/01 1:36 PM REPLY to Response to Motion re15 MOTION to Dismiss for Failure to State a Claim filed by Travis Apgar, Elizabeth Brown-Goyette, Larry Hardy, Peter Knowerski, Rensselaer Polytechnic Institute, LeNorman Strong. (Spencer, Rhiannon) Related: [-]
Monday, July 29, 2019
21		21 respm Response in Opposition to Motion Mon 07/29 2:23 PM RESPONSE in Opposition re15 MOTION to Dismiss for Failure to State a Claim filed by John Doe. (Iseman, Scott) Related: [-]
Friday, July 26, 2019
20		20 order Order Setting Hearing on Motion Fri 07/26 10:57 AM TEXT ORDER re Plaintiff's4 MOTION for Temporary Restraining Order: Oral Argument on the motion is set for August 8, 2019 at 10:00 AM before the undersigned. Counsel are directed to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Courtroom No. 2 Albany, NY on the scheduled date and time. SO ORDERED by Magistrate Judge Daniel J. Stewart on 7/26/2019. (mab) Related: [-]
Monday, July 15, 2019
19		19 respm Reply to Response to Motion Mon 07/15 3:23 PM REPLY to Response to Motion re4 First MOTION for Temporary Restraining Order filed by John Doe.(Iseman, Scott) Related: [-]
		Att: 1 Declaration Declaration of Scott W. Iseman, Esq.,
		Att: 2 Exhibit(s) Exhibit A to Iseman Declaration,
		Att: 3 Exhibit(s) Exhibit B to Iseman Declaration,
		Att: 4 Exhibit(s) Exhibit C to Iseman Declaration,
		Att: 5 Exhibit(s) Exhibit D to Iseman Declaration,
		Att: 6 Exhibit(s) Exhibit E to IsemanDeclaration,
		Att: 7 Exhibit(s) Exhibit F to Iseman Declaration
18		18 misc Consent to Jurisdiction by US Magistrate Judge Mon 07/15 10:49 AM CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Daniel J. Stewart. Signed by Judge Brenda K. Sannes on 7/15/2019. (rjb, ) Related: [-]
Friday, July 12, 2019
17		17 order Order on Letter Request Fri 07/12 2:51 PM TEXT ORDER granting Plaintiff's16 Letter Request for extension of time to file Reply to response to4 First Motion for Temporary Restraining Order : Reply to Response to Motion due by 7/15/2019. SO ORDERED by Judge Brenda K. Sannes on 7/12/2019. (sg) Related: [-]
16		16 motion Letter Request/Motion Fri 07/12 10:22 AM LETTER Request by John Doe. (Iseman, Scott) Modified on 7/12/2019 to reflect that this is a letter request. (sg, ) Related: [-]
		notice Notice of Hearing on Motion Fri 07/12 2:55 PM TEXT NOTICE of Hearing on Motion re:15 Motion to Dismiss for Failure to State a Claim : Motion returnable 8/15/2019 before Judge Brenda K. Sannes, on submission of the papers. No personal appearances unless advised by the Court. Response to Motion due by 7/29/2019. Reply to Response to Motion due by 8/5/2019. (sg,) Related: [-]
Thursday, July 11, 2019
15		15 motion Dismiss for Failure to State a Claim Thu 07/11 4:18 PM MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 8/13/2019 09:30 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 7/29/2019 Reply to Response to Motion due by 8/2/2019. filed by Travis Apgar, Elizabeth Brown-Goyette, Larry Hardy, Peter Knowerski. (Spencer, Rhiannon) Related: [-]
		Att: 1 Memorandum of Law
14		14 answer Answer to Complaint Thu 07/11 3:49 PM ANSWER to1 Complaint, by Rensselaer Polytechnic Institute.(Spencer, Rhiannon) Related: [-]
Tuesday, July 09, 2019
13		13 notice Notice - Other Tue 07/09 10:55 AM NOTICE by Travis Apgar, Elizabeth Brown-Goyette, Larry Hardy, Peter Knowerski, Rensselaer Polytechnic Institute, LeNorman Strong Notice, Consent, and Reference (Spencer, Rhiannon) Related: [-]
12		12 order Order Setting Hearing on Motion Tue 07/09 9:05 AM TEXT ORDER re: Hearing on Motion for Temporary Restraining Order (Dkt. No.4 ): Oral argument on Plaintiff's Motion for Temporary Restraining Order is scheduled for July 25, 2019 at 1 p.m. in Syracuse before Judge Brenda K. Sannes. Appearances are required. SO ORDERED by Judge Brenda K. Sannes on 7/8/2019. (sg) Related: [-]
Monday, July 08, 2019
11		11 respm Response in Opposition to Motion Mon 07/08 3:42 PM RESPONSE in Opposition re4 First MOTION for Temporary Restraining Order filed by Travis Apgar, Elizabeth Brown-Goyette, Larry Hardy, Peter Knowerski, Rensselaer Polytechnic Institute, LeNorman Strong.(Spencer, Rhiannon) Related: [-]
		Att: 1 Affidavit,
		Att: 2 Exhibit(s),
		Att: 3 Exhibit(s),
		Att: 4 Exhibit(s),
		Att: 5 Exhibit(s),
		Att: 6 Exhibit(s)
Tuesday, July 02, 2019
10		10 order Order on Letter Request Tue 07/02 10:39 AM TEXT ORDER granting9 Letter Request, response due July 8, 2019. SO ORDERED by Judge Brenda K. Sannes on 7/2/2019. (rjb, ) Related: [-]
Monday, July 01, 2019
9		9 misc Letter Brief Mon 07/01 5:38 PM LETTER BRIEF Requesting an Extension by Travis Apgar, Elizabeth Brown-Goyette, Larry Hardy, Peter Knowerski, Rensselaer Polytechnic Institute, LeNorman Strong. (Spencer, Rhiannon) Related: [-]
Monday, June 24, 2019
		utility Set/Reset Answer Deadline Mon 06/24 11:18 AM ***Answer due date updated for Travis Apgar answer due 7/11/2019; Elizabeth Brown-Goyette answer due 7/11/2019; Larry Hardy answer due 7/11/2019; Peter Knowerski answer due 7/11/2019; Rensselaer Polytechnic Institute answer due 7/11/2019; LeNorman Strong answer due 7/11/2019. (mgh) Related: [-]
Friday, June 21, 2019
8		8 service Affidavit of Service Fri 06/21 4:15 PM AFFIDAVIT of Service for Civil Cover Sheet, Summons, Complaint, Memorandum of Law in Support of Order to Show Cause for a TRO and Preliminary Injunction, Proposed Order to Show Cause, Text Order & Filing Order General Order 25 served on Larry Hardy, Elizabeth Brown-Goyette, Lenorman Strong, Travis Apgar, Peter Konwerski, Rhiannon Spencer on 6/20/2019 and 6/21/2019, filed by John Doe.(Iseman, Scott) Related: [-]
		Att: 1 Affidavit Hardy,
		Att: 2 Affidavit Strong,
		Att: 3 Affidavit Konwerski,
		Att: 4 Affidavit Spencer,
		Att: 5 Affidavit Apgar
7		7 notice Notice of Appearance Fri 06/21 1:44 PM NOTICE of Appearance by Rhiannon Ineva Spencer on behalf of All Defendants (Spencer, Rhiannon) Related: [-]
Thursday, June 20, 2019
		misc Clerk Correction of Docket Entry Thu 06/20 2:33 PM CLERK'S CORRECTION OF DOCKET ENTRY re5 Memorandum of Law. At the Request of Plaintiff's Counsel attachments to this entry have been replaced to appropriately label the exhibits and make any necessary additional redactions. (mgh) Related: [-]
Wednesday, June 19, 2019
6		6 order Order Setting Hearing on Motion Wed 06/19 11:01 AM TEXT ORDER: The Court has reviewed Plaintiff's proposed order to show cause for a temporary restraining order and preliminary injunction, (Dkt. No.4 ), and supporting papers, (Dkt. Nos.5 , 5-1 to -5). Plaintiff's request that the Court issue an Order to Show Cause setting an expedited briefing schedule is GRANTED. Plaintiff is directed to serve Defendants with a copy of this Text Order and the motion for a temporary restraining order and preliminary injunction, along with supporting papers, no later than June 21, 2019, and file a proof of service by June 24, 2019. Defendants shall file a response to Plaintiff's motion for a temporary restraining order and preliminary injunction, as well as the proposed order (Dkt. No.4 , at 1-2), by July 5, 2019, and Plaintiff may file a reply by July 12, 2019. Counsel will be notified if oral argument is necessary. SO ORDERED by Judge Brenda K. Sannes on 6/19/2019. (rjb, ) Related: [-]
Tuesday, June 18, 2019
5		5 9 pgs respm Memorandum of Law Tue 06/18 4:43 PM MEMORANDUM OF LAW re4 Motion for TRO filed by John Doe.(Iseman, Scott) Related: [-]
		Att: 1 Exhibit(s) 2017-2018 Title IX Summary,
		Att: 2 Declaration In Support of Order to Show Cause,
		Att: 3 Exhibit(s) to Iseman Declaration Policies & Procedures,
		Att: 4 Exhibit(s) To Iseman Declaration Nov. 29 Letter,
		Att: 5 Exhibit(s) To Iseman Declaration RPI Sexual Misconduct Bill of Rights
4		4 motion Temporary Restraining Order Tue 06/18 4:29 PM First MOTION for Temporary Restraining Order by John Doe.(Iseman, Scott) Related: [-]
3		3 misc G.O. 25 Filing Order Tue 06/18 3:20 PM G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/16/2019 09:30 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/9/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) Related: [-]
2		2 service Summons Issued Tue 06/18 3:16 PM Summons Issued as to Travis Apgar, Elizabeth Brown-Goyette, Larry Hardy, Peter Knowerski, Rensselaer Polytechnic Institute, LeNorman Strong.(mgh) Related: [-]
		Att: 1 Summons Issued as to Elizabeth Brown-Goyette,
		Att: 2 Summons Issued as to Larry Hardy,
		Att: 3 Summons Issued as to Peter Konwerski,
		Att: 4 Summons Issued as to RPI,
		Att: 5 Summons Issued as to LeNorman Strong
1		1 cmp Complaint Tue 06/18 3:11 PM COMPLAINT against Travis Apgar, Elizabeth Brown-Goyette, Larry Hardy, Peter Knowerski, Rensselaer Polytechnic Institute, LeNorman Strong (Filing fee $400 receipt number ANYNDC-4774200) filed by John Doe.(mgh) Related: [-]
		Att: 1 Civil Cover Sheet

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