Ghayoori v. Killeen et al
| Illinois Central District Court | |
| Judge: | Colleen R Lawless |
| Referred: | Eric I Long |
| Case #: | 2:23-cv-02116 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Federal Question: Other Civil Rights |
| Case Filed: | May 24, 2023 |
| Last checked: Monday Nov 20, 2023 2:33 AM CST |
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Defendant
Robert Jones
Chancellor, University of Illinois Urbana-Champaign 506 S. Wright St
Urbana, IL 61801 |
Represented By
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Defendant
Timothy L Killeen
President University of Illinois System 506 S. Wright St.
Urbana, IL 61801 |
Represented By
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Defendant
Christopher MB Lehmann
Research Integrity Officer, University of Illinois Urbana-Champaign 506 S. Wright St.
Urbana, IL 61801 |
Represented By
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Defendant
All Members of the Senate Committee on Student Discipline
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Defendant
All Members of the Subcommittee on Student Conduct Office for Student Conflict Resolution
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Plaintiff
Arash Ghayoori
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Represented By
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| Docket last updated: 2 hours ago |
| Friday, December 20, 2024 | ||
| 35 | 35
8
pgs
order
Order on Motion to Dismiss ~Util - Set/Reset Deadlines
Fri 12/20 4:29 PM
ORDER entered by Judge Colleen R. Lawless on 12/20/2024 denying26 Motion to Dismiss. SEE WRITTEN ORDER.(SB) |
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| Friday, October 11, 2024 | ||
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7
pgs
respm
Response to Motion/Petition
Fri 10/11 11:05 PM
RESPONSE to Motion re26 MOTION to Dismiss the Third Amended Complaint filed by Plaintiff Arash Ghayoori. (Leonard, Michael) |
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| Thursday, October 10, 2024 | ||
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order
Order on Motion for Extension of Time to File Response/Reply ~Util - Set/Reset Deadlines/Hearings
Thu 10/10 11:05 AM
TEXT ORDER entered by Judge Colleen R. Lawless on October 10, 2024: Before this Court is Plaintiff's Motion for Additional Time to File His Response to Defendants' Motion to Dismiss33 . Defendants indicated that they object to the extension, but have not filed a response explaining the basis for the objection. For the reasons stated therein, Plaintiff's Motion for Additional Time33 is GRANTED. Plaintiff must file his response to Defendants' Motion to Dismiss by October 11, 2024.(ED) |
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| Wednesday, September 25, 2024 | ||
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motion
Extension of Time to File Response/Reply
Wed 09/25 3:16 PM
MOTION for Extension of Time to File Response/Reply as to26 MOTION to Dismiss the Third Amended Complaint by Plaintiff Arash Ghayoori. Responses due by 10/9/2024 (Leonard, Michael) |
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| Friday, September 20, 2024 | ||
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notice
Notice of Appearance of Attorney
Fri 09/20 6:26 AM
NOTICE of Appearance of Attorney by Matthew Allen Chivari on behalf of Arash Ghayoori (Chivari, Matthew) |
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| Monday, September 16, 2024 | ||
| 31 | 31
answer
Answer to Complaint
Mon 09/16 12:13 PM
ANSWER to Complaint Third Amended by Board of Trustees of the University of Illinois, Timothy L Killeen.(Land, Peter) |
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| Thursday, September 12, 2024 | ||
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misc
Remark
Thu 09/12 11:54 AM
Remark: Consent to Magistrate Judge form attached pursuant to 9/12/2024 Text Order. (RES) |
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order
Order on Motion to Withdraw as Attorney ~Util - Set/Reset Deadlines/Hearings
Thu 09/12 11:52 AM
TEXT ORDER entered by Magistrate Judge Eric I. Long on 9/12/2024. Defendants' Motion to Withdraw29 is GRANTED. The Court directs the Clerk to withdraw attorney Michael D. Hayes from this case. Defendants remain represented by other counsel of record. In addition, the Court hereby vacates the Rule 16 Scheduling Conference set for 9/18/24. The Court adopts the deadlines in the Parties' Agreed Report of Rule 26(f) Planning Meeting28 . The following deadlines are set: initial disclosures due 11/4/24, amended pleadings and joinder of parties due 4/4/25, Plaintiff's deadline to disclose experts and provide expert reports is 7/7/25, Plaintiff shall make experts available for deposition by 8/4/25, Defendants' deadline to disclose experts and provide expert reports is 8/18/25, Defendants shall make experts available for deposition by 9/8/25, discovery closes 10/31/25, case dispositive motions due 12/1/25. Initial Final Pretrial Conference set for 4/1/26 at 1:30 PM, before Magistrate Judge Eric I. Long, Courtroom B, Urbana. Jury Trial will be set after dispositive motions are ruled on. The Court stresses the importance of adhering to the schedule and procedures for requests to extend the schedule. The parties are reminded of option of Court sponsored mediation/Settlement Conference. The Court directs the Clerk to provide the parties with a copy of the Court's consent to magistrate judge form. A telephone status conference is set for 6/11/25 at 10:00 AM, before Magistrate Judge Eric I. Long. The call-in number is 551-285-1373, then enter meeting ID 160 924 96574.(RES) |
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| Wednesday, September 11, 2024 | ||
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motion
Withdraw as Attorney
Wed 09/11 2:33 PM
MOTION to Withdraw as Attorney by Defendants Board of Trustees of the University of Illinois, Timothy L Killeen. Responses due by 9/25/2024 (Hayes, Michael) |
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| Tuesday, September 10, 2024 | ||
| 28 | 28
3
pgs
misc
Report of Rule 26(f) Planning Meeting
Tue 09/10 1:47 PM
REPORT of Rule 26(f) Planning Meeting by Board of Trustees of the University of Illinois, Timothy L Killeen. (Land, Peter) |
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| Tuesday, September 03, 2024 | ||
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order
Order on Motion for Extension of Time to Answer ~Util - Set/Reset Deadlines
Tue 09/03 10:09 AM
TEXT ORDER entered by Magistrate Judge Eric I. Long on 9/3/2024. Defendants' unopposed Motion for Extension of Time25 is GRANTED. Defendants' deadline to file an answer is extended to 9/13/24.(SB) |
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order
Order ~Util - Set/Reset Hearings
Tue 09/03 11:32 AM
TEXT ORDER entered by Magistrate Judge Eric I. Long on 9/3/2024. Due to a conflict in the Court's calendar, the Rule 16 Scheduling Conference is RESET to 9/18/24, at 9:45 AM before Magistrate Judge Eric I. Long. As stated in the Court's prior Order24 , if an agreed discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) is filed seven days before the hearing, the Court will adopt the schedule and vacate the Rule 16 Scheduling Conference.(SB) |
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| Friday, August 30, 2024 | ||
| 27 | 27
8
pgs
respm
Memorandum in Support of Motion/Petition
Fri 08/30 12:27 PM
MEMORANDUM in Support re26 MOTION to Dismiss the Third Amended Complaint filed by Defendants Board of Trustees of the University of Illinois, Robert Jones, Timothy L Killeen, Christopher MB Lehmann. (Land, Peter) |
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| 26 | 26
motion
Dismiss
Fri 08/30 12:24 PM
MOTION to Dismiss the Third Amended Complaint by Defendants Board of Trustees of the University of Illinois, Robert Jones, Timothy L Killeen, Christopher MB Lehmann. Responses due by 9/13/2024 (Land, Peter) |
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| Thursday, August 29, 2024 | ||
| 25 | 25
motion
Extension of Time to File Answer
Thu 08/29 12:28 PM
MOTION for Extension of Time to File Answer re23 Amended Complaint, by Defendants Board of Trustees of the University of Illinois, Robert Jones, Timothy L Killeen, Christopher MB Lehmann. Responses due by 9/12/2024 (Land, Peter) |
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| Monday, August 12, 2024 | ||
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21
pgs
order
Order ~Util - Set/Reset Deadlines/Hearings
Mon 08/12 12:42 PM
ORDER entered by Magistrate Judge Eric I. Long on 08/12/2024. Rule 16 Scheduling Conference set for 9/11/2024 09:45 AM in Courtroom B in Urbana, Illinois before Magistrate Judge Eric I. Long. See Written Order(SB) |
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| Friday, August 09, 2024 | ||
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cmp
Amended Complaint
Fri 08/09 3:53 PM
AMENDED COMPLAINT Third Amended Complaint against Arash Ghayoori, filed by Arash Ghayoori.(Leonard, Michael) |
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Att: 1
Exhibit Offer Letter,
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Att: 2
Exhibit Student Discipline Procedures,
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Att: 3
Exhibit Student Code,
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Att: 4
Exhibit Grad. College Handbook
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| Monday, August 05, 2024 | ||
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order
Order on Motion for Extension of Time to File ~Util - Set/Reset Deadlines
Mon 08/05 1:50 PM
TEXT ORDER entered by Magistrate Judge Eric I. Long on 8/5/2024. Plaintiff's Agreed Motion to Extend Time22 is GRANTED. Plaintiff's deadline to file his Third Amended Complaint is extended to 8/9/24. (SB) |
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| Thursday, August 01, 2024 | ||
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motion
Extension of Time to File Document
Thu 08/01 5:24 AM
First MOTION for Extension of Time to File Agreed Motion for extension of time for Plaintiff to file Third Amended Complaint, to August 9, 2024 and for Defendants to file Answer or otherwise plead in response by August 30, 2024 by Plaintiff Arash Ghayoori. Responses due by 8/2/2024 (Leonard, Michael) |
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| Friday, July 12, 2024 | ||
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11
pgs
order
Order on Motion to Dismiss ~Util - Set/Reset Deadlines
Fri 07/12 3:14 PM
ORDER entered by Judge Colleen R. Lawless on 07/12/2024: Defendants' Motion to Dismiss17 is GRANTED in part and DENIED in part. The Motion is GRANTED with prejudice as to Ghayoori's Fifth Amendment claim, Section 1983 claim against the Board, and Fourteenth Amendment claim against the Board. The Motion is GRANTED without prejudice as to the breach of contract claim. Ghayoori may file a Third Amended Complaint to cure the deficiencies in his breach of contract claim within 21 days of the entry of this order. The Motion is DENIED as to Ghayoori's Section 1983 claim against President Killeen. SEE WRITTEN ORDER. (SB) Modified on 7/12/2024 (SB) |
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| Friday, May 10, 2024 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Fri 05/10 2:35 PM
TEXT ORDER entered by Judge Colleen R. Lawless on 5/10/2024: Before this Court is Plaintiff's Motion for Additional Time to File His Response to Defendants' Motion to Dismiss19 , to which Defendants do not object. Plaintiff filed his Response on 4/29/2024. Therefore, Plaintiff's Motion19 is Dismissed as Moot. (JPL) |
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| Monday, April 29, 2024 | ||
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14
pgs
respm
Response to Motion/Petition
Mon 04/29 11:40 PM
RESPONSE to Motion re17 MOTION to Dismiss The Second Amended Complaint filed by Plaintiff Arash Ghayoori. (Leonard, Michael) |
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| Monday, April 15, 2024 | ||
| 19 | 19
motion
Extension of Time to File Response/Reply
Mon 04/15 11:56 AM
MOTION for Extension of Time to File Response/Reply as to17 MOTION to Dismiss The Second Amended Complaint by Plaintiff Arash Ghayoori. Responses due by 4/29/2024 (Leonard, Michael) |
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| Monday, April 01, 2024 | ||
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15
pgs
respm
Memorandum in Support of Motion/Petition
Mon 04/01 1:00 PM
MEMORANDUM in Support re17 MOTION to Dismiss The Second Amended Complaint filed by Defendants Board of Trustees of the University of Illinois, Timothy L Killeen. (Land, Peter) |
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| 17 | 17
2
pgs
motion
Dismiss
Mon 04/01 12:57 PM
MOTION to Dismiss The Second Amended Complaint by Defendants Board of Trustees of the University of Illinois, Timothy L Killeen. Responses due by 4/15/2024 (Land, Peter) |
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| Thursday, February 08, 2024 | ||
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1
pgs
misc
Waiver
Thu 02/08 12:32 PM
WAIVER re14 Amended Complaint Waiver of Service of Summons - Defendant Board of Trustees by Arash Ghayoori. (Leonard, Michael) |
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| 15 | 15
1
pgs
misc
Waiver
Thu 02/08 12:31 PM
WAIVER re14 Amended Complaint Waiver of Service of Summons - Defendant Killeen by Arash Ghayoori. (Leonard, Michael) |
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| Thursday, February 01, 2024 | ||
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cmp
Amended Complaint
Thu 02/01 2:38 PM
SECOND AMENDED COMPLAINT against Timothy L Killeen, Board of Trustees of the University of Illinois, filed by Arash Ghayoori.(HS) |
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order
Order on Motion for Leave to File
Thu 02/01 11:35 AM
TEXT ORDER entered by Magistrate Judge Eric I. Long on 2/1/2024. Plaintiff's Agreed Motion for Leave to File Second Complaint, Instanter13 is GRANTED. The Court directs the Clerk to file Plaintiff's Second Amended Complaint, attached as exhibit 1 to Plaintiff's Motion. (HS) |
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| Wednesday, January 31, 2024 | ||
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motion
Leave to File Document
Wed 01/31 4:49 PM
MOTION for Leave to File Agreed Motion to file Second Amended Complaint, Instanter by Plaintiff Arash Ghayoori. Responses due by 2/14/2024(Leonard, Michael) |
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Att: 1
8 pgs
Exhibit Second Amended Complaint
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| Thursday, December 21, 2023 | ||
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cmp
Amended Complaint
Thu 12/21 10:08 AM
FIRST AMENDED COMPLAINT against Robert Jones, Timothy L Killeen, Christopher MB Lehmann, Christopher Span, Susan A Martinis, Melanie Loots, Rashid Bashir, Jeff Shamma, Andrea Schneider, William Bernhard, Wojtek J Chodzko-Zajko, Robert Wilczynski, Donna S McNeely, University of Illinois, filed by Arash Ghayoori.(DS) |
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order
Order on Motion for Leave to File
Thu 12/21 9:51 AM
TEXT ORDER entered by Magistrate Judge Eric I. Long on 12/21/2023. Plaintiff's Motion for Leave to File First Amended Complaint10 is GRANTED. The Court directs the Clerk to file Plaintiff's First Amended Complaint, attached as Exhibit 1 to Plaintiff's Motion. (DS) |
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| Tuesday, November 28, 2023 | ||
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misc
Status Report
Tue 11/28 3:30 PM
STATUS REPORT by Arash Ghayoori. (Leonard, Michael) |
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| 10 | 10
motion
Leave to File Document
Tue 11/28 3:21 PM
MOTION for Leave to File First Amended Complaint by Plaintiff Arash Ghayoori. Responses due by 12/19/2023(Leonard, Michael) |
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Att: 1
Exhibit First Amended Complaint
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| 9 | 9
notice
Notice of Appearance of Attorney
Tue 11/28 3:17 PM
NOTICE of Appearance of Attorney by Michael I Leonard on behalf of Arash Ghayoori (Leonard, Michael) |
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order
Order on Motion to Withdraw as Attorney
Tue 11/28 11:43 AM
TEXT ORDER entered by Magistrate Judge Eric I. Long on 11/28/2023. Plaintiff's Motion to Withdraw8 is GRANTED. The Court directs the Clerk to terminate attorneys Jessica L Cousineau and David Sergi and to terminate David K. Sergi & Associates from this case. Plaintiff will proceed pro se unless counsel enters an appearance for Plaintiff within 14 days. (DS) |
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| Tuesday, November 21, 2023 | ||
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motion
Withdraw as Attorney
Tue 11/21 1:59 PM
MOTION to Withdraw as Attorney by Plaintiff Arash Ghayoori. Responses due by 12/5/2023(Cousineau, Jessica) |
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Att: 1
Text of Proposed Order Order on Agreed Motion to Withdraw
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order
Order ~Util - Set/Reset Deadlines
Tue 11/21 10:42 AM
TEXT ORDER entered by Judge Colleen R. Lawless on 11/21/2023: On May 24, 2023, Plaintiff filed a Complaint1 against Defendants requesting declaratory relief and temporary and permanent injunctive relief. On May 24, 2023, Chief Judge Darrow denied Plaintiff's Motion for a Temporary Restraining Order. (Text Order, May 24, 2023). Since then, Plaintiff has not taken any action in this case, however the case remains pending. Plaintiff shall file a status report by December 1, 2023, advising whether this case can be terminated.(BL) |
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| Thursday, May 25, 2023 | ||
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order
Order Reassigning Case to Judge Lawless
Thu 05/25 10:22 AM
TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on May 25, 2023. This case and the corresponding hearings are reassigned to Judge Colleen Lawless for further proceedings. (TC) |
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| Wednesday, May 24, 2023 | ||
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10
pgs
respm
Memorandum in Opposition to Motion/Petition
Wed 05/24 5:12 PM
MEMORANDUM in Opposition re2 MOTION for Temporary Restraining Order filed by Defendants Robert Jones, Timothy L Killeen, Christopher MB Lehmann.(Land, Peter) |
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Att: 1
2 pgs
Exhibit A,
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Att: 2
10 pgs
Exhibit B
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notice
Notice of Appearance of Attorney
Wed 05/24 4:49 PM
NOTICE of Appearance of Attorney by Katherine Tierney on behalf of Robert Jones, Timothy L Killeen, Christopher MB Lehmann (Tierney, Katherine) |
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notice
Notice of Appearance of Attorney
Wed 05/24 4:46 PM
NOTICE of Appearance of Attorney by Michael D Hayes on behalf of Robert Jones, Timothy L Killeen, Christopher MB Lehmann (Hayes, Michael) |
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notice
Notice of Appearance of Attorney
Wed 05/24 4:43 PM
NOTICE of Appearance of Attorney by Peter G Land on behalf of Robert Jones, Timothy L Killeen, Christopher MB Lehmann (Land, Peter) |
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| 3 | 3
notice
Notice of Appearance of Attorney
Wed 05/24 4:14 PM
NOTICE of Appearance of Attorney by David Sergi on behalf of Arash Ghayoori (Sergi, David) |
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motion
Temporary Restraining Order
Wed 05/24 3:54 PM
MOTION for Temporary Restraining Order by Plaintiff Arash Ghayoori. Responses due by 5/24/2023(Sergi, David) |
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Att: 1
Exhibit Exhibit 1,
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Att: 2
Exhibit Exhibit 2,
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Att: 3
Text of Proposed Order Proposed Order
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cmp
Attorney Complaint
Wed 05/24 1:15 AM
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AILCDC-4214355.), filed by Arash Ghayoori.(Sergi, David) (DS) |
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Att: 1
Exhibit Exhibit 1,
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Att: 2
Exhibit Exhibit 2,
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Att: 3
Exhibit Exhibit 3,
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Att: 4
Exhibit Exhibit 4,
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Att: 5
Exhibit Exhibit 5,
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Att: 6
Exhibit Exhibit 6,
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Att: 7
Exhibit Exhibit 7,
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Att: 8
Exhibit Exhibit 8,
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Att: 9
Exhibit Exhibit 9,
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Att: 10
Exhibit Exhibit 10,
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Att: 11
Civil Cover Sheet Civil Cover Sheet
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Att: 12
(5/24/2023) Sworn Verification
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order
Order of Recusal
Wed 05/24 2:03 PM
TEXT ORDER OF RECUSAL. Judge Colin Stirling Bruce recused. disqualifies and recuses himself/herself from participation in this matter pursuant to 28 U.S.C. 455(a). This matter is referred to Chief Judge Sara Darrow for reassignment. Entered by Judge Colin Stirling Bruce on 5/24/23. (TC) |
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order
Order Reassigning Case to Chief Judge Darrow
Wed 05/24 2:04 PM
TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on 5/24/23. This case and the corresponding hearings are reassigned to Chief Judge Sara Darrow pending reassignment. Entered by Chief Judge Sara Darrow on 5/24/23. (TC) |
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order
Order on Motion for TRO
Wed 05/24 6:10 PM
TEXT ORDER entered by Chief Judge Sara Darrow on May 24, 2023. The2 motion for a temporary restraining order is DENIED. The standard governing temporary restraining orders ("TROs") is identical to the standard governing preliminary injunctions. Long v. Bd. of Educ., Dist. 128, 167 F. Supp. 2d 988, 990 (N.D. Ill. 2001). The party seeking a TRO "must demonstrate: (1) its case has some likelihood of success on the merits; (2) that no adequate remedy at law exists; and (3) it will suffer irreparable harm if the injunction is not granted." Ty, Inc. v. Jones Grp., Inc., 237 F.3d 891, 895 (7th Cir. 2001). If these three conditions are met, then the court considers "the irreparable harm that the nonmoving party will suffer if preliminary relief is granted, balancing such harm against the irreparable harm the moving party will suffer if relief is denied." Id. The court must also consider the public interest in denying or granting the injunctive relief--i.e., how it would affect non-parties. Id. Here, the Court finds that Plaintiff has failed to show that his case has a likelihood of success on the merits. Plaintiff is complaining that he will suffer a due process violation if the disciplinary hearing goes forward because: the rules the University is following in threatening to deprive him of his previously-granted degree were not in place when he enrolled; and the members of the panel do not have the requisite qualifications to hear the allegations of plagiarism levied against Plaintiff.1 Compl. 8-11. "The hallmarks of procedural due process are notice and an opportunity to be heard." Pugel v. Bd. of Trs. of Univ. of Illinois, 378 F.3d 659, 662 (7th Cir. 2004). Here, Plaintiff attaches documents which show that he was informed of the nature of the allegations against him and he alleges that he is being given a pre-determination hearing to dispute those allegations. Plaintiff cites to no case law to support his arguments that the specific deficiencies he complains of would violate his due process rights. The Court has found cases which suggest that a university is not required to follow procedures that were in place before the misconduct occurred. See, e.g., Doe v. Haas, 479 F. Supp. 3d 336, 349 (E.D.N.Y. 2019). And, absent a claim that the panel is biased, the Court fails to see how having non-graduate-students and non-engineering-students on the panel makes the hearing fundamentally unfair. See Doe v. Purdue Univ., 928 F.3d 652, 663 (7th Cir. 2019) (noting that "[w]hen a right is protected by the Due Process Clause, a state may not withdraw [it] on grounds of misconduct absent[] fundamentally fair procedures to determine whether the misconduct has occurred" (alterations in original) (quotation marks omitted)). Moreover, even a departure from a school's own hearing rules does not necessarily violate due process. Doe v. Univ. of Cincinnati, 872 F.3d 393, 407 (6th Cir. 2017) ("A school's departure from its own hearing rules amounts to a due process violation only when the departure results in a procedure which itself impinges on due process rights."). (MLM) |
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