MOTION by Plaintiffs Sia Henry, Michael Maerlander, Alexander Leo-Guerra, Andrew Corzo, Brandon Piyevsky, Brittany Tatiana Weaver, Benjamin Shumate, Cameron WilliamsFOR CLASS CERTIFICATION (Attachments: # (1) Sealed Memorandum of Law in Support of Motion for Class Certification (Redacted))(Normand, Edward) Docket Text Modified by Clerk's Office.
Attachment 1 Sealed Memorandum of Law in Support of Motion for Class Certification (Redacted
MOTION by Plaintiffs Sia Henry, Michael Maerlander, Alexander Leo-Guerra, Andrew Corzo, Brandon Piyevsky, Brittany Tatiana Weaver, Benjamin Shumate, Cameron Williams TO EXCLUDE THE OPINIONS OF EXPERT PETER AMMON (Attachments: # (1) Memorandum of Law)(Normand, Edward)
MOTION by Plaintiffs Sia Henry, Michael Maerlander, Alexander Leo-Guerra, Andrew Corzo, Brandon Piyevsky, Brittany Tatiana Weaver, Benjamin Shumate, Cameron WilliamsTo EXCLUDE THE OPINIONS OF EXPERT B.T. LONG (Attachments: # (1) Memorandum of Law)(Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: The joint motion to revise deadlines and for clarification [746] is granted in part to the following extent given the parties' commitment that the overall end date for the briefing schedule will not be moved. Class certification and Daubert motions are due by 12/16/2024 as previously ordered; Daubert oppositions are due 1/24/2025; class certification oppositions are due 1/31/2025; Daubert replies are due 2/25/2025; and class certification replies are due 3/7/2025. Regarding page limits, the Court understands what counsel are saying regarding "the magnitude of the case," but it is not persuaded that a total of 320 pages of Daubert briefing (60 + 60 + 40, times 2), in addition to a total of 145 pages for class certification briefing, is either needed or appropriate even given the number of experts on each side. The Court expands the overall Daubert page limits to 35 pages per side in the aggregate for opening briefs, 35 pages in the aggregate for opposition briefs, and 20 pages in the aggregate for reply briefs. That amounts to 180 pages of Daubert briefing in total (in addition to the 145 pages of class certification briefing), which is more than enough in the Court's view. The Court notes, in this regard, that 320 pages is likely several multiples of what the parties will get on appeal. No further motions to expand the page limits will be entertained. (mk)
Joint Motion to Revise Certain Briefing Deadlines and for Clarification of the Court's November 20 Order (ECF 745) by University of Notre Dame du Lac (Heins, Matthew)
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. The proposed page limits for Daubert and class certification motions is approved (Daubert: 25 pages per side in the aggregate for opening briefs, 25 pages per side in the aggregate for opposition briefs, 15 pages per side in the aggregate for reply briefs; Class certification: 50 pages for plaintiffs' opening brief; 60 pages in the aggregate for defendants' response; 35 pages for plaintiffs' reply). The Court respectfully overrules the request for a further extension of the class certification/Daubert briefing schedule. The video status hearing set for 11/26/2024 is vacated and reset to 1/24/2025 at 1:00 PM. Judge Kennelly's courtroom deputy clerk will send out a video invitation in advance of the 1/24/2025 hearing. (mk)
MINUTE entry before the Honorable Matthew F. Kennelly: Video status hearing scheduled for November 26, 2024, at 1:15 p.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID is 23107803982##. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
MINUTE entry before the Honorable Matthew F. Kennelly: Based on the parties' joint status report, the video status hearing set for 10/28/2024 is vacated and reset to 11/26/2024 at 1:15 PM. Judge Kennelly's courtroom deputy clerk will send out the video conference invitation to counsel a few days before the hearing date. The parties are directed to file a joint status report on 11/19/2024 that must include proposed class certification/Daubert page limits. (mk)
MINUTE entry before the Honorable Matthew F. Kennelly: Based on the parties' joint sttaus report, the video status hearing set for 9/23/2024 is vacated and reset to 10/28/2024 at 1:15 PM. The Clerk will send out the video conference invitation to counsel a few days before the hearing date. The parties are directed to file a joint status report on 10/21/2024 but may submit their proposed class certification/Daubert page limits before that once they are ready to do so. (mk)
STATUS Report by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Video status hearing scheduled for September 23, 2024 at 2:00 p.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID is 23134983942##. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
AGREED ORDER GOVERNING DISCLOSURE IN MERITS-RELATED MOTION PRACTICE OF MATERIAL DESIGNATED UNDER THE SECOND AMENDED CONFIDENTIALITY ORDER AS CONFIDENTIAL OR AEO, signed by the Honorable Matthew F. Kennelly on 8/28/2024. (mk)
TRANSCRIPT OF PROCEEDINGS held on June 18, 2024 before the Honorable Matthew F. Kennelly. Order Number: 49091. Court Reporter Contact Information: Carolyn Cox, carolyn_cox@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/16/2024. Redacted Transcript Deadline set for 9/26/2024. Release of Transcript Restriction set for 11/25/2024. (Cox, Carolyn)
MINUTE entry before the Honorable Matthew F. Kennelly: The motion to reconsider (etc.) filed by class member Lucas Martin [733] is denied. First, Mr. Martin had a full and fair opportunity to be heard, both in writing and orally. Second, the settlement approval hearing was available for remote participants to listen in so that they could hear the presentation of the motion for approval of the settlement and the Court's ruling. Third, the Court fully considered Mr. Martin's objection and addressed it on the record during the hearing. A transcript may be obtained by Mr. Martin if he wishes. The Court sees nothing in Mr. Martin's motion to reconsider (etc.) that warrants reopening the matter at this time. (mk)
MOTION by Plaintiff Lucas Martin to alter judgment / MOTION TO RECONSIDER, CLARIFY, ALTER, OR AMEND JUDGMENT PURSUANT TO FED. R. CIV. P. 59 AND 60 (Cole, Agatha)
MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion by plaintiffs regarding amended special protective order [730] is granted. (mk)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams BY PLAINTIFFS REGARDING AMENDED SPECIAL PROTECTIVE ORDER (ECF 657) [UNOPPOSED] (Normand, Edward)
ORDER GRANTING FINAL JUDGMENT AND ORDER OF DISMISSAL, APPROVING SETTLEMENTS WITH DEFENDANTS BROWN UNIVERSITY, UNIVERSITY OF CHICAGO, THE TRUSTEES COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, TRUSTEES OF DARTMOUTH COLLEGE, DUKE UNIVERSITY, EMORY UNIVERSITY, NORTHWESTERN UNIVERSITY, WILLIAM MARSH RICE UNIVERSITY, VANDERBILT UNIVERSITY, AND YALE UNIVERSITY, AND GRANTING SETTLEMENT CLASS COUNSEL'S NOTICE OF SUPPLEMENTAL AUTHORITY AND SUPPLEMENTAL MEMORANDUM OF LAW SUPPORTING THEIR MOTION FOR SERVICE AWARDS, REIMBURSEMENT OF EXPENSES, AND ATTORNEYS' FEES IN LIGHT OF RECENT AUTHORITY, signed by the Honorable Matthew F. Kennelly on 7/20/2024. (mk)(Kennelly, Matthew)
MINUTE entry before the Honorable Matthew F. Kennelly: In person fairness hearing held on 7/19/2024. Motion by J. Frank Hogue to appear pro hac vice is granted [724]. Oral ruling made granting motion for final approval of proposed settlements and approval of settlement class counsel's motion for service awards for the class representatives, reimbursement of expenses, and attorneys' fees [679] [703]. The parties are directed to send an amended proposed settlement approval order to Judge Kennelly's proposed order e-mail address. Oral ruling made regarding disputed issue on process for sealed findings as set out in joint status report. The parties are to send a revised draft order consistent with the Court's rulings to Judge Kennelly's proposed order email address. The parties are directed to file a joint status report by 9/16/2024. Video status hearing is set for 9/23/2024 at 2:00 p.m. The Clerk will send out the video conference invitation to counsel a few days before the hearing date. Mailed notice. (mma, )
MINUTE entry before the Honorable Matthew F. Kennelly: This case is set for an in-person fairness hearing on 7/19/2024 at 1:00 p.m. [718]. The Court advises that counsel who cannot attend the 7/19/2024 fairness hearing but wish to listen may do so via telephone by calling 650-479-3207, access code 980-394-33. No person listening in by telephone will be permitted to speak; the call-in option is for listening only. An in-person appearance will be required for any attorney or other person who wishes to be heard. Mailed notice. (mma, )
STATUS Report by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Normand, Edward)
SETTLEMENT CLASS COUNSEL'S NOTICE OF SUPPLEMENTAL AUTHORITY AND SUPPLEMENTAL MEMORANDUM OF LAW SUPPORTING THEIR MOTION FOR SERVICE AWARDS, REIMBURSEMENT OF EXPENSES, AND ATTORNEYS' FEES IN LIGHT OF RECENT AUTHORITY by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams [ECF 679] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Text of Proposed Order)(Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: In person status hearing held on 6/18/2024. Defendants' expert report deadline is extended by agreement to 8/7/2024. Discussion held regarding sealed findings on merits related filings (including class certification; summary judgment; and Daubert filings). The parties are to continue meet and confer regarding a process for addressing information on materials filed under seal. A joint status report with an agreed upon process or separate proposals if the parties cannot agree in good faith is to be filed by 7/16/2024. Video status hearing is set for 7/31/2024 at 1:15 PM. The Court will send out the video invitation to counsel a few days before the hearing. The Court reserves the right to vacate the hearing if it determines a hearing is not needed. Mailed notice. (mma, )
MINUTE entry before the Honorable Matthew F. Kennelly: This case is set for an in-person status hearing on 6/18/2024 at 12:45 p.m. [718]. The Court advises that counsel who cannot attend the 6/18/2024 status hearing but wish to listen may do so via telephone by calling 650-479-3207, access code 980-394-33. No person listening in by telephone will be permitted to speak; the call-in option is for listening only. An in-person appearance will be required for any attorney or other person who wishes to be heard. Mailed notice (mma, )
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the time for the in-person status hearing set for 6/18/2024 is advanced to 12:45 PM. Counsel should be prepared to discuss the issues regarding sealing discussed in the joint status report. (mk)
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to withdraw appearance of Steven Magnusson as attorney for plaintiffs is granted [715]. (mk)
MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to the order entered on 5/24/2024 [701], the status hearing set for 6/18/2024 at 1:00 p.m. will be in-person. The hearing will be held in Courtroom 2103. Counsel of record will receive an email cancelling the video invitation. Mailed notice. (mma, )
MOTION by Attorney STEVEN MAGNUSSON to withdraw as attorney for Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams. No party information provided (Copeland, David)
STATUS Report - June 11, 2024 Joint Status Report - by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Attachments: # (1) Exhibit 1)(Schwartz, Richard)
RESPONSE by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams - Redacted Public Version of Docket No. 697 (Plaintiffs' Response to MIT Motion to Seal) (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Schwartz, Richard)
MINUTE entry before the Honorable Matthew F. Kennelly: Defendant MIT's motion to maintain portions of certain filings under seal [706] is granted. In making this determination the Court places significant weight on the fact that the filings concerned a discovery dispute, not the merits of the case, and the fact that discovery typically is not conducted in the public record. The Court's ruling likely would be different if the filings in question were merits-related. Redacted versions of the filings are to be promptly filed in the public record. (mk)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williamsfor Final Approval of Proposed Settlements and Approval of Settlement Class Counsel's Motion for Service Awards, Reimbursement of Expenses, and Attorneys' Fees (Attachments: # (1) Memorandum of Law, # (2) Declaration of Edward Normand, # (3) Ex. 1 to Normand Decl., # (4) Ex. 2 to Normand Declaration, # (5) Ex. 3 to Normand Decl., # (6) Ex. 4 to Normand Decl., # (7) Declaration of Steven Weisbrot, # (8) Ex. A to Weisbrot Decl., # (9) Ex. B to Weisbrot Decl., # (10) Ex. C to Weisbrot Decl., # (11) Ex. D. to Weisbrot Decl., # (12) Ex. E to Weisbrot Decl., # (13) Ex. F to Weisbrot Decl., # (14) Ex. G to Weisbrot Decl., # (15) Ex. H to Weisbrot Decl.)(Schwartz, Richard)
MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing held on 5/24/2024. Oral argument heard regarding plaintiffs' motion for leave to reopen 30(b)(6) deposition of defendant MIT and to compel [685] [689]. Plaintiffs' motion to compel [685][689] is granted to the extent stated on the record. In particular plaintiff may reopen the Schmill deposition or the 30(b)(6) deposition (but not both) for an additional 60 minutes. This is to take place within two weeks of 5/27/2024. The status hearing set for 6/18/2024 at 1:00 p.m. will be in-person [676]. The hearing will be held in Courtroom 2103. Mailed notice. (mma, )
700
Filed: 5/23/2024, Entered: 5/23/2024
reply
SEALED REPLY by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to SEALED MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams : Plaintiffs' Motion And Memorandum Of Law In Support Of Plaintiffs[685] - PROPOSED Reply Memorandum in Support of Plaintiffs' Motion to Compel MIT to Reopen Its 30(b)(6) Deposition for Limited Purposes (Attachments: # (1) Exhibit 26, # (2) Exhibit 27, # (3) Exhibit 28, # (4) Exhibit 29, # (5) Exhibit 30, # (6) Exhibit 31, # (7) Exhibit 32, # (8) Exhibit 33)(Schwartz, Richard)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for leave to file Reply in Response to Defendant MITs Opposition to Plaintiffs' Motion (ECF No. 685) to Reopen the 30(b)(6) Deposition of Defendant MIT and to Compel MIT to Provide a Knowledgeable Designee (Schwartz, Richard)
MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing scheduled for May 24, 2024 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID is 23158747661##. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
697
Filed: 5/22/2024, Entered: 5/22/2024
~~SEALED Response
SEALED RESPONSE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to MOTION by Defendant Massachusetts Institute of Technology to seal Portions of Plaintiffs' Motion to Compel and Certain Accompanying Exhibits [690] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Normand, Edward)
NOTICE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams OF FILING UNDER SEAL (Normand, Edward)
MOTION by Defendant Massachusetts Institute of Technology to seal Portions of MIT's Opposition to Plaintiffs' Motion to Compel and Certain Accompanying Exhibits (Rybnicek, Jan)
RESPONSE by Massachusetts Institute of Technology in Opposition to SEALED MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams : Plaintiffs' Motion And Memorandum Of Law In Support Of Plaintiffs[685], MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to compel - Redacted Public Version of Docket No. 685 - Plaintiffs' Motion f[689] Redacted Public Version of Docket No. 693 (Attachments: # (1) Exhibit 1 (Filed Under Seal), # (2) Exhibit 2 (Filed Under Seal), # (3) Exhibit 3 (Filed Under Seal), # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)(Rybnicek, Jan)
SEALED RESPONSE by Massachusetts Institute of Technology to SEALED MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams : Plaintiffs' Motion And Memorandum Of Law In Support Of Plaintiffs[685], MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to compel - Redacted Public Version of Docket No. 685 - Plaintiffs' Motion f[689] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)(Rybnicek, Jan)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to compel - Redacted Public Version of Docket No. 685 - Plaintiffs' Motion for Leave to Reopen the 30(b)(6) Deposition of Defendant MIT and to Compel MIT to Provide A Knowledgeable Designee (redactions applied pursuant to Defendant MIT's asserted confidentiality designations) (Attachments: # (1) Plaintiffs' Statement Of Compliance With Local Rule 37.2, # (2) Exhibits 1-25 (all exhibits filed under seal at the request of Defendant MIT))(Schwartz, Richard)
Attachment 1 Plaintiffs' Statement Of Compliance With Local Rule 37.2
Attachment 2 Exhibits 1-25 (all exhibits filed under seal at the request of Defendant MIT
MINUTE entry before the Honorable Matthew F. Kennelly: The parties have requested clarification of the Court's order requiring the filing of a redacted version of plaintiffs' motion to compel regarding MIT pending determination of whether and to what extent the motion may be maintained under seal (it has been provisionally filed under seal). The Court sees no need to clarify the order; it is clear on its face. A redacted version is to be filed now, so that the public is aware of the contents of the motion that have not been designated as confidential under the protective order(s), even if a revised redacted version may have to be filed later after the Court adjudicates the extent to which the motion may be sealed. (mk)
Joint Letter Requesting Clarification by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams Joint Letter by Plaintiffs and Defendant MIT Requesting Clarification of the Court's Minute Entry (ECF No. 686) (Schwartz, Richard)
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs have filed under seal a motion to compel relating to defendant Massachusetts Institute of Technology. Plaintiffs are directed to promptly file in the public record a redacted version of the motion. Any objection to the motion is to be filed by 5/22/2024. A video hearing on the motion is set for 5/24/2024 at 9:30 AM. Judge Kennelly's courtroom deputy clerk will send out a video invitation in advance of the hearing. By no later than 5/20/2024, a written point-by-point justification for filing the motion under seal is to be filed, by whatever party or parties contends that all or part of the motion is properly filed under seal. Unless this is done, the Court will direct the unsealing of the motion. (mk)
NOTICE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams OF FILING UNDER SEAL (Noteware, Ellen)
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion to unseal the declaration of Ted Tatos is granted [682] based on the consent order previously entered by the Court [667] stating that defendant University of Pennsylvania will not oppose a motion to unseal the declaration. The Clerk is hereby directed to unseal docket entry 611-4. Mailed notice. (mma, )
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to unseal document Declaration of Ted Tatos (ECF 611-04) (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion [680] to modify the special protective order (dkt. no. 657), amending Paragraph 2(c)(2) to allow Plaintiffs to substitute a second paralegal in place of one attorney, is granted. (mk)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron WilliamsTO MODIFY SPECIAL PROTECTIVE ORDER REGARDING OBJECTING STUDENTS (ECF 657) (Normand, Edward)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for attorney fees - Motion and Memorandum of Law In Support of Settlement Class Counsel's Motion for Service Awards for the Class Representatives, Reimbursement of Expenses, and Attorneys' Fees (Attachments: # (1) Joint Declaration, # (2) Ex. 1 to Joint Decl., # (3) Ex. 2 to Joint Decl., # (4) Ex. 3 to Joint Decl.)(Schwartz, Richard)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for leave to file excess pages in a brief in support of a Motion for Service Awards for the Class Representatives, Reimbursement of Expenses, and Attorneys' Fees (Schwartz, Richard)
MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing held on 4/18/2024. Oral argument held regarding the plaintiff's motion to challenge confidentiality. Oral ruling made on the plaintiff's motion. Plaintiff's motion to challenge confidentiality and attorneys' eyes designations [652] is denied for the reasons stated on the record. The deadline for the opening expert reports on the party who has the burden of proof is extended to 5/14/2024. The opposition to expert reports deadline is moved to 7/26/2024. Deadline for rebuttal expert reports is extended to 10/7/2024. The case is set for a video status hearing on 6/18/2024 at 1:00 p.m. The Court will send out a video conference invitation to counsel a few days before the hearing. The parties are directed to file a joint status report by 6/11/2024. Mailed notice. (mma, )
REPLY by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to reply,, [671] [Redacted] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' motion [673] to seal portions of plaintiffs' reply [671] is granted. The Clerk is directed to place docket entry 671 under seal. Plaintiffs are directed to promptly file a public record version of the reply that redacts the material referenced in defendants' motion to seal. The Court reserves the right to vacate this ruling once it rules on the pending motion challenging confidentiality designations. Mailed notice. (mma, )
SEALED MOTION by Defendants Cornell University, Georgetown University (Georgetown and Cornell's Motion to Seal Portions of Plaintiffs' Reply in Support of its Motion Challenging Certain Confidentiality Designations and Accompanying Exhibits) (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Miller, Britt)
MINUTE entry before the Honorable Matthew F. Kennelly: Video status hearing scheduled for April 18, 2024 at 10:00 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID 23089172816##. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
671
Filed: 4/8/2024, Entered: 4/8/2024
reply
SEALED REPLY by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal THEIR MOTION TO CHALLENGE CERTAIN IMPROPER CONFIDENTIAL AND ATTORNEYS[651] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Normand, Edward)
NOTICE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams OF FILING UNDER SEAL (Normand, Edward)
669
Filed: 4/3/2024, Entered: 4/3/2024
~~SEALED Response
SEALED RESPONSE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to SEALED MOTION by Defendants Cornell University, Georgetown University, The Trustees of the University of Pennsylvania / Motion to Seal Portions of Plaintiffs' Motion Challenging Certain Confidentiality Designations and the Materials Attached T[658] (Normand, Edward)
NOTICE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams OF FILING UNDER SEAL (Normand, Edward)
CONSENT ORDER REGARDING PLAINTIFFS' MOTION TO CHALLENGE CERTAIN CONFIDENTIAL AND ATTORNEYS' EYES ONLY DESIGNATIONS BY DEFENDANTS CORNELL, GEORGETOWN, AND PENN (ECF 652), signed by the Honorable Matthew F. Kennelly on 4/2/2024. (mk)
MINUTE entry before the Honorable Matthew F. Kennelly: Motion by plaintiffs and Trustees of Univ. of Pennsylvania for entry of consent order [663] is granted. However, counsel appear to have neglected to provide a Word version of the proposed order to Judge Kennelly's proposed order e-mail address for signature. They are to do so promptly. Motion by defendants Cornell University and Georgetown University to file under seal [665] is granted. A complete version of the filing including all exhibits, is to be filed under seal, and a redacted version is to be filed in the public record. (mk)
SEALED MOTION by Defendants Cornell University, Georgetown University to Seal Portions of Their Opposition to Plaintiffs' Motion to Challenge Certain Confidentiality Designations, and Certain Accompanying Exhibits (Attachments: # (1) Opposition to Plaintiffs' Motion to Challenge Certain Confidentiality Designations (Redacted))(Miller, Britt)
664
Filed: 4/1/2024, Entered: 4/1/2024
~~SEALED Response
SEALED RESPONSE by Cornell University, Georgetown University to SEALED MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams TO CHALLENGE CERTAIN IMPROPER CONFIDENTIAL AND ATTORNEYS' EYES ONLY D[652] (Georgetown and Cornell's Opposition to Plaintiffs' Motion to Challenge Certain Confidentiality Designations) (Attachments: # (1) Declaration of Daniel T. Fenske, # (2) Exhibit 1 to Fenske Declaration, # (3) Exhibit 2 to Fenske Declaration, # (4) Exhibit 3 to Fenske Declaration, # (5) Exhibit 4 to Fenske Declaration, # (6) Exhibit 5 to Fenske Declaration, # (7) Exhibit 6 to Fenske Declaration, # (8) Declaration of Norman Armstrong, # (9) Exhibit A to Armstrong Declaration, # (10) Exhibit B to Armstrong Declaration, # (11) Exhibit C to Armstrong Declaration)(Miller, Britt)
MOTION by Defendant The Trustees of the University of Pennsylvania to Enter Proposed Consent Order Regarding Plaintiffs' Motion to Challenge Certain Confidential and Attorneys' Eyes Only Designations (Joint) (Attachments: # (1) Exhibit 1)(Gringer, David)
STATUS Report by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Certain defendants have moved to maintain the sealed filing of docket number 652. Plaintiffs provisionally filed that document under seal. Any objection to defendants' motion is to be filed by 4/3/2024 and is to be filed under seal. (mk)
AMENDED SPECIAL PROTECTIVE ORDER REGARDING OBJECTING STUDENTS AT CORNELL UNIVERSITY, GEORGETOWN UNIVERSITY, AND THE UNIVERSITY OF PENNSYLVANIA, signed by the Honorable Matthew F. Kennelly on 3/26/2024. (mk)
MINUTE entry before the Honorable Matthew F. Kennelly: Video status and motion hearings held on 3/22/2024. (1) Issue regarding special protective order and earlier-produced redacted documents: The parties are directed to confer further to attempt to reach an agreement. A joint status report of no more than 8 pages to be filed on 3/29/2024. (2) Issue regarding motion relating to confidentiality and AEO designations: Defendants' response to plaintiffs' motion [652] is due 4/1/2024; plaintiffs' reply is due 4/8/2024. A video hearing is set for 4/18/2024 at 10:00 a.m. unless the Court deems a hearing unnecessary after reviewing the written submissions. The Court will send out a video conference invitation a few days in advance of the hearing. (3) Scheduling order: The Court memorializes the modifications to the scheduling order made in December 2024 as follows. Opening expert reports on the party who has the burden of proof are due on 5/3/2024. Opposition to expert reports are due 7/15/2024. Deadline for rebuttal expert reports is 9/30/2024. Close of expert discovery is set for 11/12/2024. Daubert motions are to be filed by 12/16/2024. The motion for class certification is also due on 12/16/2024. Any responses to class certification and Daubert motions are due 1/13/2025. Replies to the Daubert motions are due 2/18/2025. The reply in support of class certification is to be filed by 3/7/2025. Summary judgment motions are to be filed by 5/7/2025. Response to summary judgment motions is due 6/9/2025; reply is due 8/11/2025. (4) Summary judgment motions: The Court overruled the defendants' proposal for two rounds of summary judgment motions as further explained during the hearing. Mailed notice. (mma, )
MINUTE entry before the Honorable Matthew F. Kennelly: This order corrects docket entry [653] which contained a typographical error. Plaintiffs' motion for leave to file under seal 651 is granted. A redacted version is to be filed in the public record. The parties should be prepared to set a short briefing schedule on the motion to challenge AEO/confidentiality designations at the 3/22/2024 status hearing. Mailed notice. (mma, )
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for leave to file under seal [651] is granted. A redacted version is to be filed in the public record. The parties should be prepared to set a short briefing schedule on he motion to challenge AEO/confidentiality designations at the 3/22/2025 status hearing. (mk)
SEALED MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams TO CHALLENGE CERTAIN IMPROPER CONFIDENTIAL AND ATTORNEYS' EYES ONLY DESIGNATIONS BY DEFENDANTS CORNELL, GEORGETOWN, AND PENN UNDER THE SECOND AMENDED CONFIDENTIALITY ORDER (ECF 608) (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Declaration of David Copeland, # (15) Copeland Decl. Ex. A, # (16) Copeland Decl. Ex. B, # (17) Copeland Decl. Ex. C, # (18) Declaration of Joseph Delich, # (19) Delich Decl. Ex. A)(Normand, Edward)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal THEIR MOTION TO CHALLENGE CERTAIN IMPROPER CONFIDENTIAL AND ATTORNEYS' EYES ONLY DESIGNATIONS BY DEFENDANTS CORNELL, GEORGETOWN, AND PENN UNDER THE SECOND AMENDED CONFIDENTIALITY ORDER (ECF 608) (Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Video status hearing scheduled for March 22, 2024 at 10:00 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID is 23096502613##. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
STATUS Report by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Normand, Edward)
ATTORNEY Appearance for Plaintiffs Frank Carbone, Andrew Corzo, Savannah Rose Eklund, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams by Natasha Zaslove (Zaslove, Natasha)
SPECIAL PROTECTIVE ORDER REGARDING OBJECTING STUDENTS AT CORNELL UNIVERSITY, GEORGETOWN UNIVERSITY, AND THE UNIVERSITY OF PENNSYLVANIA, signed by the Honorable Matthew F. Kennelly on 3/6/2024. The Court reviewed and considered the parties' joint status report regarding the proposed "special protective order" and the parties' respective proposed versions of the order. The Court adopted the defendants' proposed order, with two modifications. First, the Court increased the number of permitted attorneys on plaintiffs' side to six, to equalize the overall numbers on both sides and to address the staffing/preparation concern raised by plaintiffs. Second, the Court modified the last numbered paragraph of the order to state that "Failure to comply with this Order will result in an order to show cause why the counsel or other person who violated this Order should not be held in contempt of court." (mk)
STATUS Report (Joint Status Report by Plaintiffs and Defendants Cornell, Georgetown, and Penn Regarding Proposed Special Protective Order Under ECF 636 & 627) by Georgetown University (Miller, Britt)
MINUTE entry before the Honorable Matthew F. Kennelly: Motions to withdraw appearances of attorneys Zachary Fardon and Christopher Yook are granted [640] [642]. (mk)
MOTION by Attorney Zachary Thomas Fardon and Christopher Yook to withdraw as attorney for William Marsh Rice University. No party information provided (Laytin, Daniel)
MOTION by Attorney Zachary Thomas Fardon and Christopher Yook to withdraw as attorney for Cornell University. No party information provided (Laytin, Daniel)
ORDER PRELIMINARY APPROVING SETTLEMENTS WITH DEFENDANTS TRUSTEES OF DARTMOUTH COLLEGE, NORTHWESTERN UNIVERSITY, WILLIAM MARSH RICE UNIVERSITY, AND VANDERBILT UNIVERSITY, PROVISIONALLY CERTIFYING THE PROPOSED SETTLEMENT CLASS, APPROVING THE NOTICE PLAN, AND APPROVING THE SCHEDULE FOR COMPLETING THE SETTLEMENT PROCESS: Signed by the Honorable Matthew F. Kennelly on 2/28/2024. Mailed notice. (mma, )
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 2/28/2024. Plaintiffs' motion for preliminary approval of settlement [629] is granted for the reasons stated on the record. Order for Preliminary Approval to follow. In person fairness hearing on 7/19/2024 at 1:00 p.m. The hearing will be held in Courtroom 2103. Mailed notice. (mma, )
ORDER REGARDING THE OBLIGATIONS OF DEFENDANTS CORNELL, GEORGETOWN, AND PENN WITH RESPECT TO PLAINTIFFS' MOTIONS TO COMPEL REGARDING THOSE DEFENDANTS' NON-OBJECTING STUDENTS (ECF 540) AND OBJECTING STUDENTS (ECF 560), signed by the Honorable Matthew F. Kennelly on 2/27/2024. In addition, certain motions to file under seal [617] [631] are granted. (mk)
635
Filed: 2/27/2024, Entered: 2/27/2024
Sealed document
SEALED DOCUMENT by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams CORRECTED JOINT STATUS REPORT BY PLAINTIFFS AND DEFENDANTS CORNELL, GEORGETOWN, AND PENN REGARDING PROPOSED ORDER UNDER ECF 627 (Attachments: # (1) Redline)(Normand, Edward)
NOTICE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams OF FILING UNDER SEAL (Normand, Edward)
633
Filed: 2/26/2024, Entered: 2/26/2024
Sealed document
SEALED DOCUMENT by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams JOINT STATUS REPORT BY PLAINTIFFS AND DEFENDANTS CORNELL, GEORGETOWN, AND PENN REGARDING PROPOSED ORDER UNDER ECF 627 (Normand, Edward)
NOTICE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams OF FILING UNDER SEAL (Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Motion by Nicholas W. Collins to withdraw as attorney for Duke University is granted [628]. Motion for preliminary approval of settlements [629] is set for a telephonic hearing on for 2/28/2024 at 9:20 AM, using call-in number 888-684-8852, access code 746-1053. (mk)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for settlement - Plaintiffs' Motion for preliminary approval of settlements with Defendants Trustees of Dartmouth College, Northwestern University, William Marsh Rice University, and Vanderbilt University, provisional certification of the proposed Settlement Class, approval of the notice plan, and approval of the schedule for completing the settlement process. (Attachments: # (1) Memorandum of Law, # (2) Joint Decl. in Support of Preliminary Approval, # (3) Joint Decl. Ex. 8, # (4) Joint Decl. Ex. 9, # (5) Joint Decl. Ex. 10, # (6) Joint Decl. Ex. 11, # (7) Joint Decl. Ex. 12, # (8) Weisbrot Decl., # (9) Proposed Order)(Schwartz, Richard)
MINUTE entry before the Honorable Matthew F. Kennelly: Video hearing held regarding FERPA-related and other objections to certain of plaintiffs' discovery requests. The Court adopted and will impose additional protections to avoid disclosure of individual student/applicant names as more fully discussed during the hearing. These include further limitations on who may view such information (no more than 2 attorneys per non-settling defendant and 4 attorneys for plaintiffs); continued use of identifying numbers along with separate disclosure of applicant/student names rather than production of unredacted records containing the names; the previously referenced contempt citation for any attorney disclosing information identifying a student or applicant in a public filing; and identification of particular applicants/students even in sealed filings only by first and last initials and not names. The parties are directed to promptly confer to prepare and provide to the Court a further protective order including these additional protections. Additionally, the Court finds (as more fully discussed during the hearing) that the plaintiffs have shown a genuine need for the information they have requested and that this outweighs the privacy interests of the objecting and non-objecting students/applicants with the exception of the following: the students/applicants whose objections appear at docket no. 496 pages 13-15 and at docket no. 507 pages 12-15. Those particular students/applicants' objections are sustained. The Court also overrules the defendants' and certain students' remaining objections to production as more fully discussed during the hearing. The parties are directed to promptly review the proposed order submitted by plaintiffs and are directed to provide to Judge Kennelly's proposed order e-mail address by no later than 2/26/2024 a Word version of a draft order embodying the Court's ruling. The case is set for a video status hearing on 3/22/2024 at 10:00 a.m. The Court will send out the video conference invitation to counsel a few days in advance of the hearing. The parties are directed to file a joint status report by 3/15/2024. Mailed notice. (mma, )
MINUTE entry before the Honorable Matthew F. Kennelly: The Court advises that at the 2/22/2024 hearing it may ask questions regarding the request to compel discovery relating to persons who have asserted objections under FERPA as well as the request to compel discovery relating to persons who have not asserted such objections. (mk)
624
Filed: 2/21/2024, Entered: 2/21/2024
Sealed document
SEALED DOCUMENT by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams SUPPLEMENT TO PLAINTIFFS' STATUS REPORT (ECF 611) BASED ON DEPOSITION TESTIMONY BY GEORGETOWN'S PRESIDENT AND HIS ASSISTANT AFTER THE STATUS REPORT WAS FILED ON FEBRUARY 9, 2024 (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L)(Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for leave to file supplement under seal [621] is granted. Plaintiffs should now file the supplement as a separate docket entry. (mk)
SEALED MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams , MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for leave to file A SUPPLEMENT TO THEIR STATUS REPORT (ECF 611) BASED ON DEPOSITION TESTIMONY BY GEORGETOWN'S PRESIDENT AND HIS ASSISTANT AFTER PLAINTIFFS' STATUS REPORT WAS FILED ON FEBRUARY 9, 2024 (Attachments: # (1) Exhibit 1, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L)(Normand, Edward)
NOTICE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams OF FILING UNDER SEAL (Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Video status hearing scheduled for February 22, 2024 at 9:45 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID is 23089105060##. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
MINUTE entry before the Honorable Matthew F. Kennelly: The telephonic hearings set for 2/22/2024 at 9:30 PM and 1:00 PM are vacated and are converted to a single hearing by video conference on 2/22/2024 at 9:45 AM. Judge Kennelly's courtroom deputy clerk will send out a video invitation in advance of the hearing. (mk)
SEALED MOTION by Defendant The Trustees of the University of Pennsylvania to File Under Seal Their Response To Plaintiffs' "Status" Report Seeking Additional Documents Regarding Students Who Received FERPA Notices, Certain Supporting Declarations, And Certain Accompanying Exhibits (Attachments: # (1) Response to Plaintiffs' "Status" Report Seeking Additional Documents Regarding Students Who Received FERPA Notices, # (2) Declaration of David Gringer in Support of, # (3) Gringer Exhibit A, # (4) Gringer Exhibit B, # (5) Gringer Exhibit C, # (6) Gringer Exhibit D, # (7) Declaration of Daniel Fenske in Support of, # (8) Fenske Exhibit 1, # (9) Frenske Exhibit 2, # (10) Frenske Exhibit 3, # (11) Declaration of Norman Armstrong in Support of, # (12) Armstrong Exhibit A, # (13) Armstrong Exhibit B, # (14) Armstrong Exhibit C)(Gringer, David)
RESPONSE by Georgetown University Doe Students 1-19, University of Pennsylvania Doe Students 1-6, University of Pennsylvania Doe Students 7-8 to Plaintiffs' 2/9/24 Status Report (Attachments: # (1) Exhibit)(Wake, Sarah)
STATUS Report by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Normand, Edward)
ORDER PRELIMINARILY APPROVING SETTLEMENTS WITH DEFENDANTS BROWN UNIVERSITY, THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, DUKE UNIVERSITY, EMORY UNIVERSITY, AND YALE UNIVERSITY, PROVISIONALLY CERTIFYING THE PROPOSED SETTLEMENT CLASS, APPROVING THE NOTICE PLAN, APPROVING THE SCHEDULE FOR COMPLETING THE SETTLEMENT PROCESS, AND AMENDING THE ORDER OF SEPTEMBER 9, 2023 PRELIMINARILY APPROVING THE SETTLEMENT WITH THE UNIVERSITY OF CHICAGO TO CONFORM TO THIS ORDER, signed by the Honorable Matthew F. Kennelly on 2/14/2024. (mk)
MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing held on 2/12/2024. Oral ruling made on the plaintiffs' motion for preliminary approval of settlement [603]. Motion for preliminary approval of settlement [603] is granted for the reasons stated on the record. The parties are directed to send a proposed order to Judge Kennelly's proposed order email address. The parties are also directed to notify Judge Kennelly's courtroom deputy clerk whether the hearing on 2/22/2024 will be held at 10:00 a.m. or 1:00 p.m. The hearing will be held by video. The Court will send out the video conference invitation a few days in advance of the hearing. Mailed notice. (mma, )
MINUTE entry before the Honorable Matthew F. Kennelly: Motion for leave to file plaintiffs' status report under seal [610] is granted; a redacted version is to be filed in the public record. The pertinent defendants are directed to file a response to plaintiffs' status report by 2/16/2024. A telephonic hearing is set for 2/22/2024 at 9:30 AM, using call-in number 888-684-8852, access code 746-1053. The Court reserves the right to convert this to a video hearing. (mk)
611
Filed: 2/9/2024, Entered: 2/9/2024
Sealed document
SEALED DOCUMENT by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams PLAINTIFFS' STATUS REPORT IN RESPONSE TO THE COURT'S ORDER (ECF 602) RELATED TO THEIR MOTION TO COMPEL REGARDING NON-OBJECTING STUDENTS (ECF 540) AND SEALED RESPONSE RE OBJECTIONS OF 37 DONOR-RELATED STUDENTS (ECF 561) (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Text of Proposed Order)(Normand, Edward)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal PLAINTIFFS' MOTION TO SEAL THEIR STATUS REPORT IN RESPONSE TO THE COURT'S ORDER (ECF 602) RELATED TO THEIR MOTION TO COMPEL REGARDING NON-OBJECTING STUDENTS (ECF 540) AND SEALED RESPONSE RE OBJECTIONS OF 37 DONOR-RELATED STUDENTS (ECF 561) TO SUCH PRODUCTION UNDER FERPA (Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing scheduled for February 12, 2024 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID is 23124761060##. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
SECOND AMENDED CONFIDENTIALITY ORDER signed by the Honorable Matthew F. Kennelly on 2/3/2024: Agreed motion for entry of second amended confidentiality order is granted [607]. (mk)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to amend/correct - Joint Motion for Entry of Second Amended Confidentiality Order (Attachments: # (1) Exhibit A: Proposed Second Amended Confidentiality Order - Redline)(Schwartz, Richard)
Attachment 1 Exhibit A: Proposed Second Amended Confidentiality Order - Redline
MINUTE entry before the Honorable Matthew F. Kennelly: Any objection to plaintiffs' motion for preliminary approval of settlements [603] is to be filed by 2/6/2024. Video motion hearing is set for 2/12/2024 at 9:30 AM. The Court will send out the video conference invitation a few days in advance of the hearing. The Court reserves the right to vacate the hearing if it determines a hearing is not needed. Mailed notice. (mma, )
MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing held on 1/23/2024. Plaintiffs' motion to compel production regarding non-objecting students [540] is granted in part. Defendants Georgetown and Penn are directed to promptly produce the materials sought in paragraphs 7(1) and 8 of the motion including Georgetown's offer to locate and produce physical admission files. The request for the materials sought in paragraph 7(2) of the motion is tabled pending plaintiffs' review of the produced materials. The request to compel production of FERPA-related materials for objecting students [560] is taken under advisement. The Court also orders as follows: no student or applicant's name may be referenced in any document (including both filings and attachments to filings) filed in the public record absent advance approval by the Court. Any noncompliance with this order will result in an order to show cause why those counsel whose names appear on the filing should not be held in contempt of court. Mailed notice. (mma, )
MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing scheduled for January 23, 2024 at 10:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID is 23087058645##. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
MOTION by Plaintiffs Frank Carbone, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for leave to file excess pages for partial settlement approval memorandum (Schwartz, Richard)
ATTORNEY Appearance for Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams by David Andrew Langer (Langer, David)
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21545705. (on behalf of Defendant Johns Hopkins University) (McInerney, Elizabeth)
MINUTE entry before the Honorable Matthew F. Kennelly: In person status hearing held on 1/18/2024. The parties are directed to provide a USB drive with all of the materials regarding the pending FERPA discovery dispute to Chambers, Room 2188, by 10:00 a.m. on 1/19/2024. Video hearing regarding the motions relating to that dispute is set for 1/23/2024 at 10:30 a.m. The Court will send out the video conference invitation to counsel. Any motions relating to the disputes regarding Rule 30(b)(6) deposition and the number of depositions per defendant as described in the 1/11/2024 status report are to be filed by 2/1/2024. Responses are due 2/12/2024; any reply is due 2/16/2024. Case management conference is set for 2/22/2024 at 1:00 p.m. The hearing will be held in Courtroom 2103. The following call-in number will be used for remote listening of the hearing: 888-684-8852, access code 746-1053. No remote participation will be allowed. All remote listeners are directed to mute their phones. The parties are directed to file a joint status report by 2/15/2024. Mailed notice. (mma, )
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for extension of time UNOPPOSED Motion for Extension of Time for Class Notice and Settlement Approval Process (Schwartz, Richard)
MINUTE entry before the Honorable Matthew F. Kennelly: Motion by attorney Tal Elmatad to withdraw as attorney for State of New York is granted [584]. (mk)
MOTION by Attorney Tal Matar Elmatad to withdraw as attorney for New York, State of. New address information: Antitrust Bureau, 28 Liberty St, New York, NY 10005 (Attachments: # (1) Supplement Notification of Contact Information)(Elmatad, Tal)
Attachment 1 Supplement Notification of Contact Information
ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) 584 Filed & Entered: 01/03/2024Terminated: 01/04/2024
motion to withdraw as attorney MOTION by Attorney Tal Matar Elmatad to withdraw as attorney for New York, State of. New address information: Antitrust Bureau, 28 Liberty St, New York, NY 10005 (Attachments: # (1) Supplement Notification of Contact Information)(Elmatad, Tal) 585 Filed & Entered: 01/04/2024
order on motion to withdraw as attorney MINUTE entry before the Honorable Matthew F. Kennelly: Motion by attorney Tal Elmatad to withdraw as attorney for State of New York is granted [584]. (mk) 586 Filed & Entered: 01/04/2024
attorney appearance ATTORNEY Appearance for Defendant California Institute of Technology by Jamie Danielle Robertson (Robertson, Jamie) 587 Filed & Entered: 01/10/2024Terminated: 01/11/2024
extension of time MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for extension of time UNOPPOSED Motion for Extension of Time for Class Notice and Settlement Approval Process (Schwartz, Richard) 588 Filed & Entered: 01/11/2024
order on motion for extension of time MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' unopposed motion for extension of time [587] is granted. (mk) 589 Filed & Entered: 01/11/2024
status report STATUS Report (Joint Status Report) by University of Notre Dame du Lac (Heins, Matthew) 590 Filed & Entered: 01/17/2024
attorney appearance ATTORNEY Appearance for Movant Cornell University Doe Student 10 by Sean M. Berkowitz (Berkowitz, Sean) 591 Filed & Entered: 01/17/2024Terminated: 01/18/2024
motion for leave to file MOTION by Movant Cornell University Doe Student 10 for leave to file Under Seal an additional FERPA Objection Letter (Berkowitz, Sean) 592 Filed & Entered: 01/17/2024
sealed document SEALED DOCUMENT by Movant Cornell University Doe Student 10 (FERPA Notice Objection Letter) (Berkowitz, Sean) 593 Filed & Entered: 01/17/2024
attorney appearance ATTORNEY Appearance for Movant Cornell University Doe Student 10 by Eric Robert Swibel (Swibel, Eric) 594 Filed & Entered: 01/18/2024
order on motion for leave to file MINUTE entry before the Honorable Matthew F. Kennelly: Motion for leave to file an additional FERPA objection under seal [591] is granted. (mk) 595 Filed & Entered: 01/18/2024
status hearing MINUTE entry before the Honorable Matthew F. Kennelly: In person status hearing held on 1/18/2024. The parties are directed to provide a USB drive with all of the materials regarding the pending FERPA discovery dispute to Chambers, Room 2188, by 10:00 a.m. on 1/19/2024. Video hearing regarding the motions relating to that dispute is set for 1/23/2024 at 10:30 a.m. The Court will send out the video conference invitation to counsel. Any motions relating to the disputes regarding Rule 30(b)(6) deposition and the number of depositions per defendant as described in the 1/11/2024 status report are to be filed by 2/1/2024. Responses are due 2/12/2024; any reply is due 2/16/2024. Case management conference is set for 2/22/2024 at 1:00 p.m. The hearing will be held in Courtroom 2103. The following call-in number will be used for remote listening of the hearing: 888-684-8852, access code 746-1053. No remote participation will be allowed. All remote listeners are directed to mute their phones. The parties are directed to file a joint status report by 2/15/2024. Mailed notice. (mma, ) 596 Filed & Entered: 01/19/2024Terminated: 01/20/2024
motion to appear pro hac vice MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21545705. (on behalf of Defendant Johns Hopkins University) (McInerney, Elizabeth) 597 Filed & Entered: 01/20/2024
order on motion to appear pro hac vice MINUTE entry before the Honorable Matthew F. Kennelly: Motion by Elizabeth McInerny to appear pro hac vice [596] is granted. (mk) 598 Filed & Entered: 01/22/2024
attorney appearance ATTORNEY Appearance for Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams by David Andrew Langer (Langer, David) 599 Filed & Entered: 01/22/2024Terminated: 01/23/2024
motion for leave to file excess pages MOTION by Plaintiffs Frank Carbone, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for leave to file excess pages for partial settlement approval memorandum (Schwartz, Richard) 600 Filed & Entered: 01/23/2024
order on motion for leave to file excess pages MINUTE entry before the Honorable Matthew F. Kennelly: Motion for leave to file a 33-page preliminary approval memorandum [599] is granted. (mk) 601 Filed & Entered: 01/23/2024
text entry MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing scheduled for January 23, 2024 at 10:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID is 23087058645##. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, ) 602 Filed & Entered: 01/23/2024
motion hearing MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing held on 1/23/2024. Plaintiffs' motion to compel production regarding non-objecting students [540] is granted in part. Defendants Georgetown and Penn are directed to promptly produce the materials sought in paragraphs 7(1) and 8 of the motion including Georgetown's offer to locate and produce physical admission files. The request for the materials sought in paragraph 7(2) of the motion is tabled pending plaintiffs' review of the produced materials. The request to compel production of FERPA-related materials for objecting students [560] is taken under advisement. The Court also orders as follows: no student or applicant's name may be referenced in any document (including both filings and attachments to filings) filed in the public record absent advance approval by the Court. Any noncompliance with this order will result in an order to show cause why those counsel whose names appear on the filing should not be held in contempt of court. Mailed notice. (mma, ) 603 Filed & Entered: 01/23/2024Terminated: 02/12/2024
motion for settlement MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for settlement Plaintiffs' Motion for preliminary approval of settlements with Defendants Emory, Yale, Brown, Columbia, and Duke, provisional certification of the proposed Settlement Class, approval of the notice plan, and approval of the schedule for completing the settlement process. (Attachments: # (1) Memorandum of Law, # (2) Joint Decl. in Support of Preliminary Approval, # (3) Joint Decl. Ex. 1, # (4) Joint Decl. Ex. 2, # (5) Joint Decl. Ex. 3, # (6) Joint Decl. Ex. 4, # (7) Joint Decl. Ex. 5, # (8) Joint Decl. Ex. 6, # (9) Joint Decl. Ex. 7, # (10) Jan 22 2024 Weisbrot Decl., # (11) Weisbrot Decl. Ex. A, # (12) Weisbrot Decl. Ex. B, # (13) Proposed Order)(Schwartz, Richard) 604 Filed & Entered: 01/29/2024
notice of change of address NOTICE by Emily T. Chen of Change of Address (Chen, Emily) 605 Filed & Entered: 01/29/2024
notice of change of address NOTICE by Norman Armstrong, Jr of Change of Address (Armstrong, Norman) 606 Filed & Entered: 01/30/2024
set motion and R&R deadlines/hearings MINUTE entry before the Honorable Matthew F. Kennelly: Any objection to plaintiffs' motion for preliminary approval of settlements [603] is to be filed by 2/6/2024. Video motion hearing is set for 2/12/2024 at 9:30 AM. The Court will send out the video conference invitation a few days in advance of the hearing. The Court reserves the right to vacate the hearing if it determines a hearing is not needed. Mailed notice. (mma, ) 607 Filed & Entered: 02/02/2024Terminated: 02/03/2024
motion to amend/correct MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to amend/correct - Joint Motion for Entry of Second Amended Confidentiality Order (Attachments: # (1) Exhibit A: Proposed Second Amended Confidentiality Order - Redline)(Schwartz, Richard) 608 Filed & Entered: 02/03/2024
order on motion to amend/correct SECOND AMENDED CONFIDENTIALITY ORDER signed by the Honorable Matthew F. Kennelly on 2/3/2024: Agreed motion for entry of second amended confidentiality order is granted [607]. (mk) 609 Filed & Entered: 02/09/2024
text entry MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing scheduled for February 12, 2024 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID is 23124761060##. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, ) 610 Filed & Entered: 02/09/2024Terminated: 02/10/2024
motion to seal MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal PLAINTIFFS' MOTION TO SEAL THEIR STATUS REPORT IN RESPONSE TO THE COURT'S ORDER (ECF 602) RELATED TO THEIR MOTION TO COMPEL REGARDING NON-OBJECTING STUDENTS (ECF 540) AND SEALED RESPONSE RE OBJECTIONS OF 37 DONOR-RELATED STUDENTS (ECF 561) TO SUCH PRODUCTION UNDER FERPA (Normand, Edward) 611 Filed & Entered: 02/09/2024
sealed document SEALED DOCUMENT by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams PLAINTIFFS' STATUS REPORT IN RESPONSE TO THE COURT'S ORDER (ECF 602) RELATED TO THEIR MOTION TO COMPEL REGARDING NON-OBJECTING STUDENTS (ECF 540) AND SEALED RESPONSE RE OBJECTIONS OF 37 DONOR-RELATED STUDENTS (ECF 561) (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Text of Proposed Order)(Normand, Edward) 612 Filed & Entered: 02/10/2024
order on motion to seal MINUTE entry before the Honorable Matthew F. Kennelly: Motion for leave to file plaintiffs' status report under seal [610] is granted; a redacted version is to be filed in the public record. The pertinent defendants are directed to file a response to plaintiffs' status report by 2/16/2024. A telephonic hearing is set for 2/22/2024 at 9:30 AM, using call-in number 888-684-8852, access code 746-1053. The Court reserves the right to convert this to a video hearing. (mk) 613 Filed & Entered: 02/12/2024
order on motion for settlement MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing held on 2/12/2024. Oral ruling made on the plaintiffs' motion for preliminary approval of settlement [603]. Motion for preliminary approval of settlement [603] is granted for the reasons stated on the record. The parties are directed to send a proposed order to Judge Kennelly's proposed order email address. The parties are also directed to notify Judge Kennelly's courtroom deputy clerk whether the hearing on 2/22/2024 will be held at 10:00 a.m. or 1:00 p.m. The hearing will be held by video. The Court will send out the video conference invitation a few days in advance of the hearing. Mailed notice. (mma, ) 614 Filed & Entered: 02/14/2024
order ORDER PRELIMINARILY APPROVING SETTLEMENTS WITH DEFENDANTS BROWN UNIVERSITY, THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, DUKE UNIVERSITY, EMORY UNIVERSITY, AND YALE UNIVERSITY, PROVISIONALLY CERTIFYING THE PROPOSED SETTLEMENT CLASS, APPROVING THE NOTICE PLAN, APPROVING THE SCHEDULE FOR COMPLETING THE SETTLEMENT PROCESS, AND AMENDING THE ORDER OF SEPTEMBER 9, 2023 PRELIMINARILY APPROVING THE SETTLEMENT WITH THE UNIVERSITY OF CHICAGO TO CONFORM TO THIS ORDER, signed by the Honorable Matthew F. Kennelly on 2/14/2024. (mk) 615 Filed & Entered: 02/15/2024
status report STATUS Report by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Normand, Edward) 616 Filed & Entered: 02/16/2024
Response RESPONSE by Georgetown University Doe Students 1-19, University of Pennsylvania Doe Students 1-6, University of Pennsylvania Doe Students 7-8 to Plaintiffs' 2/9/24 Status Report (Attachments: # (1) Exhibit)(Wake, Sarah) 617 Filed & Entered: 02/16/2024Terminated: 02/27/2024
Sealed motion SEALED MOTION by Defendant The Trustees of the University of Pennsylvania to File Under Seal Their Response To Plaintiffs' "Status" Report Seeking Additional Documents Regarding Students Who Received FERPA Notices, Certain Supporting Declarations, And Certain Accompanying Exhibits (Attachments: # (1) Response to Plaintiffs' "Status" Report Seeking Additional Documents Regarding Students Who Received FERPA Notices, # (2) Declaration of David Gringer in Support of, # (3) Gringer Exhibit A, # (4) Gringer Exhibit B, # (5) Gringer Exhibit C, # (6) Gringer Exhibit D, # (7) Declaration of Daniel Fenske in Support of, # (8) Fenske Exhibit 1, # (9) Frenske Exhibit 2, # (10) Frenske Exhibit 3, # (11) Declaration of Norman Armstrong in Support of, # (12) Armstrong Exhibit A, # (13) Armstrong Exhibit B, # (14) Armstrong Exhibit C)(Gringer, David) 618 Filed & Entered: 02/20/2024
terminate hearings MINUTE entry before the Honorable Matthew F. Kennelly: The telephonic hearings set for 2/22/2024 at 9:30 PM and 1:00 PM are vacated and are converted to a single hearing by video conference on 2/22/2024 at 9:45 AM. Judge Kennelly's courtroom deputy clerk will send out a video invitation in advance of the hearing. (mk) 619 Filed & Entered: 02/20/2024
text entry MINUTE entry before the Honorable Matthew F. Kennelly: Video status hearing scheduled for February 22, 2024 at 9:45 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID is 23089105060##. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, ) 620 Filed & Entered: 02/20/2024
notice of filing NOTICE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams OF FILING UNDER SEAL (Normand, Edward) 621 Filed & Entered: 02/20/2024Terminated: 02/21/2024
Sealed motion SEALED MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams , MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for leave to file A SUPPLEMENT TO THEIR STATUS REPORT (ECF 611) BASED ON DEPOSITION TESTIMONY BY GEORGETOWN'S PRESIDENT AND HIS ASSISTANT AFTER PLAINTIFFS' STATUS REPORT WAS FILED ON FEBRUARY 9, 2024 (Attachments: # (1) Exhibit 1, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Exhibit L)(Normand, Edward) 622 Filed & Entered: 02/21/2024
order on sealed motion MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for leave to file supplement under seal [621] is granted. Plaintiffs should now file the supplement as a separate docket entry. (mk) 623 Filed & Entered: 02/21/2024Terminated: 02/22/2024
motion to appear pro hac vice MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21658652. (Eagles, Thad) 624 Filed & Entered: 02/21/2024
sealed document SEALED DOCUMENT by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams SUPPLEMENT TO PLAINTIFFS' STATUS REPORT (ECF 611) BASED ON DEPOSITION TESTIMONY BY GEORGETOWN'S PRESIDENT AND HIS ASSISTANT AFTER THE STATUS REPORT WAS FILED ON FEBRUARY 9, 2024 (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L)(Normand, Edward) 625 Filed & Entered: 02/21/2024
text entry MINUTE entry before the Honorable Matthew F. Kennelly: The Court advises that at the 2/22/2024 hearing it may ask questions regarding the request to compel discovery relating to persons who have asserted objections under FERPA as well as the request to compel discovery relating to persons who have not asserted such objections. (mk) 626 Filed & Entered: 02/22/2024
order on motion to appear pro hac vice MINUTE entry before the Honorable Matthew F. Kennelly: Motion by Thad Eagles to appear pro hac vice [623] is granted. (mk) 627 Filed & Entered: 02/22/2024
terminate motion and R&R deadlines/hearings MINUTE entry before the Honorable Matthew F. Kennelly: Video hearing held regarding FERPA-related and other objections to certain of plaintiffs' discovery requests. The Court adopted and will impose additional protections to avoid disclosure of individual student/applicant names as more fully discussed during the hearing. These include further limitations on who may view such information (no more than 2 attorneys per non-settling defendant and 4 attorneys for plaintiffs); continued use of identifying numbers along with separate disclosure of applicant/student names rather than production of unredacted records containing the names; the previously referenced contempt citation for any attorney disclosing information identifying a student or applicant in a public filing; and identification of particular applicants/students even in sealed filings only by first and last initials and not names. The parties are directed to promptly confer to prepare and provide to the Court a further protective order including these additional protections. Additionally, the Court finds (as more fully discussed during the hearing) that the plaintiffs have shown a genuine need for the information they have requested and that this outweighs the privacy interests of the objecting and non-objecting students/applicants with the exception of the following: the students/applicants whose objections appear at docket no. 496 pages 13-15 and at docket no. 507 pages 12-15. Those particular students/applicants' objections are sustained. The Court also overrules the defendants' and certain students' remaining objections to production as more fully discussed during the hearing. The parties are directed to promptly review the proposed order submitted by plaintiffs and are directed to provide to Judge Kennelly's proposed order e-mail address by no later than 2/26/2024 a Word version of a draft order embodying the Court's ruling. The case is set for a video status hearing on 3/22/2024 at 10:00 a.m. The Court will send out the video conference invitation to counsel a few days in advance of the hearing. The parties are directed to file a joint status report by 3/15/2024. Mailed notice. (mma, ) 628 Filed & Entered: 02/23/2024Terminated: 02/24/2024
motion to withdraw as attorney MOTION by Attorney Nicholas W. Collins to withdraw as attorney for Duke University. No party information provided (Collins, Nicholas) 629 Filed & Entered: 02/23/2024Terminated: 02/28/2024
motion for settlement MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for settlement - Plaintiffs' Motion for preliminary approval of settlements with Defendants Trustees of Dartmouth College, Northwestern University, William Marsh Rice University, and Vanderbilt University, provisional certification of the proposed Settlement Class, approval of the notice plan, and approval of the schedule for completing the settlement process. (Attachments: # (1) Memorandum of Law, # (2) Joint Decl. in Support of Preliminary Approval, # (3) Joint Decl. Ex. 8, # (4) Joint Decl. Ex. 9, # (5) Joint Decl. Ex. 10, # (6) Joint Decl. Ex. 11, # (7) Joint Decl. Ex. 12, # (8) Weisbrot Decl., # (9) Proposed Order)(Schwartz, Richard) 630 Filed & Entered: 02/24/2024
order on motion to withdraw as attorney MINUTE entry before the Honorable Matthew F. Kennelly: Motion by Nicholas W. Collins to withdraw as attorney for Duke University is granted [628]. Motion for preliminary approval of settlements [629] is set for a telephonic hearing on for 2/28/2024 at 9:20 AM, using call-in number 888-684-8852, access code 746-1053. (mk) 631 Filed & Entered: 02/26/2024Terminated: 02/27/2024
Sealed motion SEALED MOTION by Defendant Georgetown University (Georgetown, Cornell, and Penn's Motion to Seal Portions of Plaintiffs' Status Report Seeking Additional Documents Regarding Students Who Received FERPA Notices and Certain Accompanying Exhibits and Plaintiffs' Supplemental Status Report and Accompanying Exhibits) (Attachments: # (1) Exhibit 1, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K, # (13) Plaintiffs' Proposed Order, # (14) Exhibit 2, # (15) Exhibit A, # (16) Exhibit B, # (17) Exhibit C, # (18) Exhibit D, # (19) Exhibit E, # (20) Exhibit F, # (21) Exhibit G, # (22) Exhibit H, # (23) Exhibit I, # (24) Exhibit J, # (25) Exhibit K, # (26) Exhibit L)(Miller, Britt) 632 Filed & Entered: 02/26/2024
notice of filing NOTICE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams OF FILING UNDER SEAL (Normand, Edward) 633 Filed & Entered: 02/26/2024
sealed document SEALED DOCUMENT by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams JOINT STATUS REPORT BY PLAINTIFFS AND DEFENDANTS CORNELL, GEORGETOWN, AND PENN REGARDING PROPOSED ORDER UNDER ECF 627 (Normand, Edward) 634 Filed & Entered: 02/27/2024
notice of filing NOTICE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams OF FILING UNDER SEAL (Normand, Edward) 635 Filed & Entered: 02/27/2024
sealed document SEALED DOCUMENT by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams CORRECTED JOINT STATUS REPORT BY PLAINTIFFS AND DEFENDANTS CORNELL, GEORGETOWN, AND PENN REGARDING PROPOSED ORDER UNDER ECF 627 (Attachments: # (1) Redline)(Normand, Edward) 636 Filed & Entered: 02/27/2024
order on motion for miscellaneous relief ORDER REGARDING THE OBLIGATIONS OF DEFENDANTS CORNELL, GEORGETOWN, AND PENN WITH RESPECT TO PLAINTIFFS' MOTIONS TO COMPEL REGARDING THOSE DEFENDANTS' NON-OBJECTING STUDENTS (ECF 540) AND OBJECTING STUDENTS (ECF 560), signed by the Honorable Matthew F. Kennelly on 2/27/2024. In addition, certain motions to file under seal [617] [631] are granted. (mk) 637 Filed & Entered: 02/28/2024
order on motion for settlement MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 2/28/2024. Plaintiffs' motion for preliminary approval of settlement [629] is granted for the reasons stated on the record. Order for Preliminary Approval to follow. In person fairness hearing on 7/19/2024 at 1:00 p.m. The hearing will be held in Courtroom 2103. Mailed notice. (mma, ) 638 Filed & Entered: 02/28/2024
order ORDER PRELIMINARY APPROVING SETTLEMENTS WITH DEFENDANTS TRUSTEES OF DARTMOUTH COLLEGE, NORTHWESTERN UNIVERSITY, WILLIAM MARSH RICE UNIVERSITY, AND VANDERBILT UNIVERSITY, PROVISIONALLY CERTIFYING THE PROPOSED SETTLEMENT CLASS, APPROVING THE NOTICE PLAN, AND APPROVING THE SCHEDULE FOR COMPLETING THE SETTLEMENT PROCESS: Signed by the Honorable Matthew F. Kennelly on 2/28/2024. Mailed notice. (mma, ) 639 Filed & Entered: 02/29/2024
attorney appearance ATTORNEY Appearance for Defendant Cornell University by Daniel E. Laytin (Laytin, Daniel) 640 Filed & Entered: 02/29/2024Terminated: 03/01/2024
motion to withdraw as attorney MOTION by Attorney Zachary Thomas Fardon and Christopher Yook to withdraw as attorney for Cornell University. No party information provided (Laytin, Daniel) 641 Filed & Entered: 02/29/2024
attorney appearance ATTORNEY Appearance for Defendant William Marsh Rice University by Daniel E. Laytin (Laytin, Daniel) 642 Filed & Entered: 02/29/2024Terminated: 03/01/2024
motion to withdraw as attorney MOTION by Attorney Zachary Thomas Fardon and Christopher Yook to withdraw as attorney for William Marsh Rice University. No party information provided (Laytin, Daniel) 643 Filed & Entered: 03/01/2024
order on motion to withdraw as attorney MINUTE entry before the Honorable Matthew F. Kennelly: Motions to withdraw appearances of attorneys Zachary Fardon and Christopher Yook are granted [640] [642]. (mk) 644 Filed & Entered: 03/05/2024
status report STATUS Report (Joint Status Report by Plaintiffs and Defendants Cornell, Georgetown, and Penn Regarding Proposed Special Protective Order Under ECF 636 & 627) by Georgetown University (Miller, Britt) 645 Filed & Entered: 03/06/2024
order SPECIAL PROTECTIVE ORDER REGARDING OBJECTING STUDENTS AT CORNELL UNIVERSITY, GEORGETOWN UNIVERSITY, AND THE UNIVERSITY OF PENNSYLVANIA, signed by the Honorable Matthew F. Kennelly on 3/6/2024. The Court reviewed and considered the parties' joint status report regarding the proposed "special protective order" and the parties' respective proposed versions of the order. The Court adopted the defendants' proposed order, with two modifications. First, the Court increased the number of permitted attorneys on plaintiffs' side to six, to equalize the overall numbers on both sides and to address the staffing/preparation concern raised by plaintiffs. Second, the Court modified the last numbered paragraph of the order to state that "Failure to comply with this Order will result in an order to show cause why the counsel or other person who violated this Order should not be held in contempt of court." (mk) 646 Filed & Entered: 03/06/2024
attorney appearance ATTORNEY Appearance for Plaintiffs Frank Carbone, Andrew Corzo, Savannah Rose Eklund, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams by Natasha Zaslove (Zaslove, Natasha) 647 Filed & Entered: 03/14/2024
attorney appearance ATTORNEY Appearance for Defendant University of Notre Dame du Lac by Feyilana Lawoyin (Lawoyin, Feyilana) 648 Filed & Entered: 03/14/2024
notice of change of address NOTICE by Daniel John Walker of Change of Address of Berger Montague PC's Washington DC Office (Walker, Daniel) 649 Filed & Entered: 03/15/2024
status report STATUS Report by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Normand, Edward) 650 Filed & Entered: 03/19/2024
text entry MINUTE entry before the Honorable Matthew F. Kennelly: Video status hearing scheduled for March 22, 2024 at 10:00 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID is 23096502613##. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, ) 651 Filed & Entered: 03/19/2024Terminated: 03/20/2024
motion to seal MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal THEIR MOTION TO CHALLENGE CERTAIN IMPROPER CONFIDENTIAL AND ATTORNEYS' EYES ONLY DESIGNATIONS BY DEFENDANTS CORNELL, GEORGETOWN, AND PENN UNDER THE SECOND AMENDED CONFIDENTIALITY ORDER (ECF 608) (Normand, Edward) 652 Filed & Entered: 03/19/2024Terminated: 04/18/2024
Sealed motion SEALED MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams TO CHALLENGE CERTAIN IMPROPER CONFIDENTIAL AND ATTORNEYS' EYES ONLY DESIGNATIONS BY DEFENDANTS CORNELL, GEORGETOWN, AND PENN UNDER THE SECOND AMENDED CONFIDENTIALITY ORDER (ECF 608) (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Declaration of David Copeland, # (15) Copeland Decl. Ex. A, # (16) Copeland Decl. Ex. B, # (17) Copeland Decl. Ex. C, # (18) Declaration of Joseph Delich, # (19) Delich Decl. Ex. A)(Normand, Edward) 653 Filed & Entered: 03/20/2024
order on motion to seal MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for leave to file under seal [651] is granted. A redacted version is to be filed in the public record. The parties should be prepared to set a short briefing schedule on he motion to challenge AEO/confidentiality designations at the 3/22/2025 status hearing. (mk) 654 Filed & Entered: 03/20/2024
text entry MINUTE entry before the Honorable Matthew F. Kennelly: This order corrects docket entry [653] which contained a typographical error. Plaintiffs' motion for leave to file under seal 651 is granted. A redacted version is to be filed in the public record. The parties should be prepared to set a short briefing schedule on the motion to challenge AEO/confidentiality designations at the 3/22/2024 status hearing. Mailed notice. (mma, ) 655 Filed & Entered: 03/21/2024
attorney appearance ATTORNEY Appearance for Defendant Georgetown University by William Joseph Mcelhaney (Mcelhaney, William) 656 Filed & Entered: 03/22/2024
status hearing MINUTE entry before the Honorable Matthew F. Kennelly: Video status and motion hearings held on 3/22/2024. (1) Issue regarding special protective order and earlier-produced redacted documents: The parties are directed to confer further to attempt to reach an agreement. A joint status report of no more than 8 pages to be filed on 3/29/2024. (2) Issue regarding motion relating to confidentiality and AEO designations: Defendants' response to plaintiffs' motion [652] is due 4/1/2024; plaintiffs' reply is due 4/8/2024. A video hearing is set for 4/18/2024 at 10:00 a.m. unless the Court deems a hearing unnecessary after reviewing the written submissions. The Court will send out a video conference invitation a few days in advance of the hearing. (3) Scheduling order: The Court memorializes the modifications to the scheduling order made in December 2024 as follows. Opening expert reports on the party who has the burden of proof are due on 5/3/2024. Opposition to expert reports are due 7/15/2024. Deadline for rebuttal expert reports is 9/30/2024. Close of expert discovery is set for 11/12/2024. Daubert motions are to be filed by 12/16/2024. The motion for class certification is also due on 12/16/2024. Any responses to class certification and Daubert motions are due 1/13/2025. Replies to the Daubert motions are due 2/18/2025. The reply in support of class certification is to be filed by 3/7/2025. Summary judgment motions are to be filed by 5/7/2025. Response to summary judgment motions is due 6/9/2025; reply is due 8/11/2025. (4) Summary judgment motions: The Court overruled the defendants' proposal for two rounds of summary judgment motions as further explained during the hearing. Mailed notice. (mma, ) 657 Filed & Entered: 03/26/2024
order AMENDED SPECIAL PROTECTIVE ORDER REGARDING OBJECTING STUDENTS AT CORNELL UNIVERSITY, GEORGETOWN UNIVERSITY, AND THE UNIVERSITY OF PENNSYLVANIA, signed by the Honorable Matthew F. Kennelly on 3/26/2024. (mk) 658 Filed & Entered: 03/26/2024Terminated: 12/04/2024
Sealed motion SEALED MOTION by Defendants Cornell University, Georgetown University, The Trustees of the University of Pennsylvania / Motion to Seal Portions of Plaintiffs' Motion Challenging Certain Confidentiality Designations and the Materials Attached Thereto (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8)(Miller, Britt) 659 Filed & Entered: 03/27/2024
text entry MINUTE entry before the Honorable Matthew F. Kennelly: Certain defendants have moved to maintain the sealed filing of docket number 652. Plaintiffs provisionally filed that document under seal. Any objection to defendants' motion is to be filed by 4/3/2024 and is to be filed under seal. (mk) 660 Filed & Entered: 03/27/2024Terminated: 03/29/2024
motion to appear pro hac vice MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21788510. (Bredar, Thomas) 661 Filed & Entered: 03/29/2024
order on motion to appear pro hac vice MINUTE entry before the Honorable Matthew F. Kennelly: Motion by Thomas Bredar to appear pro hac vice [660] is granted. (mk) 662 Filed & Entered: 03/29/2024
status report STATUS Report by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Normand, Edward) 663 Filed & Entered: 04/01/2024Terminated: 04/02/2024
motion for miscellaneous relief MOTION by Defendant The Trustees of the University of Pennsylvania to Enter Proposed Consent Order Regarding Plaintiffs' Motion to Challenge Certain Confidential and Attorneys' Eyes Only Designations (Joint) (Attachments: # (1) Exhibit 1)(Gringer, David) 664 Filed & Entered: 04/01/2024
sealed response SEALED RESPONSE by Cornell University, Georgetown University to SEALED MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams TO CHALLENGE CERTAIN IMPROPER CONFIDENTIAL AND ATTORNEYS' EYES ONLY D[652] (Georgetown and Cornell's Opposition to Plaintiffs' Motion to Challenge Certain Confidentiality Designations) (Attachments: # (1) Declaration of Daniel T. Fenske, # (2) Exhibit 1 to Fenske Declaration, # (3) Exhibit 2 to Fenske Declaration, # (4) Exhibit 3 to Fenske Declaration, # (5) Exhibit 4 to Fenske Declaration, # (6) Exhibit 5 to Fenske Declaration, # (7) Exhibit 6 to Fenske Declaration, # (8) Declaration of Norman Armstrong, # (9) Exhibit A to Armstrong Declaration, # (10) Exhibit B to Armstrong Declaration, # (11) Exhibit C to Armstrong Declaration)(Miller, Britt) 665 Filed & Entered: 04/01/2024Terminated: 04/02/2024
Sealed motion SEALED MOTION by Defendants Cornell University, Georgetown University to Seal Portions of Their Opposition to Plaintiffs' Motion to Challenge Certain Confidentiality Designations, and Certain Accompanying Exhibits (Attachments: # (1) Opposition to Plaintiffs' Motion to Challenge Certain Confidentiality Designations (Redacted))(Miller, Britt) 666 Filed & Entered: 04/02/2024
order on motion for miscellaneous relief MINUTE entry before the Honorable Matthew F. Kennelly: Motion by plaintiffs and Trustees of Univ. of Pennsylvania for entry of consent order [663] is granted. However, counsel appear to have neglected to provide a Word version of the proposed order to Judge Kennelly's proposed order e-mail address for signature. They are to do so promptly. Motion by defendants Cornell University and Georgetown University to file under seal [665] is granted. A complete version of the filing including all exhibits, is to be filed under seal, and a redacted version is to be filed in the public record. (mk) 667 Filed & Entered: 04/02/2024
order CONSENT ORDER REGARDING PLAINTIFFS' MOTION TO CHALLENGE CERTAIN CONFIDENTIAL AND ATTORNEYS' EYES ONLY DESIGNATIONS BY DEFENDANTS CORNELL, GEORGETOWN, AND PENN (ECF 652), signed by the Honorable Matthew F. Kennelly on 4/2/2024. (mk) 668 Filed & Entered: 04/03/2024
notice of filing NOTICE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams OF FILING UNDER SEAL (Normand, Edward) 669 Filed & Entered: 04/03/2024
sealed response SEALED RESPONSE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to SEALED MOTION by Defendants Cornell University, Georgetown University, The Trustees of the University of Pennsylvania / Motion to Seal Portions of Plaintiffs' Motion Challenging Certain Confidentiality Designations and the Materials Attached T[658] (Normand, Edward) 670 Filed & Entered: 04/08/2024
notice of filing NOTICE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams OF FILING UNDER SEAL (Normand, Edward) 671 Filed & Entered: 04/08/2024
reply SEALED REPLY by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal THEIR MOTION TO CHALLENGE CERTAIN IMPROPER CONFIDENTIAL AND ATTORNEYS[651] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Normand, Edward) 672 Filed & Entered: 04/15/2024
text entry MINUTE entry before the Honorable Matthew F. Kennelly: Video status hearing scheduled for April 18, 2024 at 10:00 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID 23089172816##. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, ) 673 Filed & Entered: 04/15/2024Terminated: 04/16/2024
Sealed motion SEALED MOTION by Defendants Cornell University, Georgetown University (Georgetown and Cornell's Motion to Seal Portions of Plaintiffs' Reply in Support of its Motion Challenging Certain Confidentiality Designations and Accompanying Exhibits) (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Miller, Britt) 674 Filed & Entered: 04/16/2024
order on sealed motion MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' motion [673] to seal portions of plaintiffs' reply [671] is granted. The Clerk is directed to place docket entry 671 under seal. Plaintiffs are directed to promptly file a public record version of the reply that redacts the material referenced in defendants' motion to seal. The Court reserves the right to vacate this ruling once it rules on the pending motion challenging confidentiality designations. Mailed notice. (mma, ) 675 Filed & Entered: 04/16/2024
reply REPLY by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to reply,, [671] [Redacted] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Normand, Edward) 676 Filed & Entered: 04/18/2024
order on sealed motion MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing held on 4/18/2024. Oral argument held regarding the plaintiff's motion to challenge confidentiality. Oral ruling made on the plaintiff's motion. Plaintiff's motion to challenge confidentiality and attorneys' eyes designations [652] is denied for the reasons stated on the record. The deadline for the opening expert reports on the party who has the burden of proof is extended to 5/14/2024. The opposition to expert reports deadline is moved to 7/26/2024. Deadline for rebuttal expert reports is extended to 10/7/2024. The case is set for a video status hearing on 6/18/2024 at 1:00 p.m. The Court will send out a video conference invitation to counsel a few days before the hearing. The parties are directed to file a joint status report by 6/11/2024. Mailed notice. (mma, ) 677 Filed & Entered: 04/24/2024Terminated: 04/25/2024
motion for leave to file excess pages MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for leave to file excess pages in a brief in support of a Motion for Service Awards for the Class Representatives, Reimbursement of Expenses, and Attorneys' Fees (Schwartz, Richard) 678 Filed & Entered: 04/25/2024
order on motion for leave to file excess pages MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for leave to file a 25-page memorandum [677] is granted. (mk) 679 Filed & Entered: 04/29/2024Terminated: 07/19/2024
motion for attorney fees MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for attorney fees - Motion and Memorandum of Law In Support of Settlement Class Counsel's Motion for Service Awards for the Class Representatives, Reimbursement of Expenses, and Attorneys' Fees (Attachments: # (1) Joint Declaration, # (2) Ex. 1 to Joint Decl., # (3) Ex. 2 to Joint Decl., # (4) Ex. 3 to Joint Decl.)(Schwartz, Richard) 680 Filed & Entered: 05/02/2024Terminated: 05/05/2024
motion for miscellaneous relief MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron WilliamsTO MODIFY SPECIAL PROTECTIVE ORDER REGARDING OBJECTING STUDENTS (ECF 657) (Normand, Edward) 681 Filed & Entered: 05/05/2024
order on motion for miscellaneous relief MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion [680] to modify the special protective order (dkt. no. 657), amending Paragraph 2(c)(2) to allow Plaintiffs to substitute a second paralegal in place of one attorney, is granted. (mk) 682 Filed & Entered: 05/08/2024Terminated: 05/09/2024
motion to unseal document MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to unseal document Declaration of Ted Tatos (ECF 611-04) (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Normand, Edward) 683 Filed & Entered: 05/09/2024
order on motion to unseal document MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion to unseal the declaration of Ted Tatos is granted [682] based on the consent order previously entered by the Court [667] stating that defendant University of Pennsylvania will not oppose a motion to unseal the declaration. The Clerk is hereby directed to unseal docket entry 611-4. Mailed notice. (mma, ) 684 Filed & Entered: 05/14/2024
notice of filing NOTICE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams OF FILING UNDER SEAL (Noteware, Ellen) 685 Filed & Entered: 05/14/2024Terminated: 05/24/2024
Sealed motion SEALED MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams : Plaintiffs' Motion And Memorandum Of Law In Support Of Plaintiffs' Motion For Leave To Reopen The 30(b)(6) Deposition Of Defendant MIT And To Compel MIT To Provide A Designee Knowledgeable About Certain Limited Topics (Attachments: # (1) Plaintiffs' Statement Of Compliance With Local Rule 37.2, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14, # (16) Exhibit 15, # (17) Exhibit 16, # (18) Exhibit 17, # (19) Exhibit 18, # (20) Exhibit 19, # (21) Exhibit 20, # (22) Exhibit 21, # (23) Exhibit 22, # (24) Exhibit 23, # (25) Exhibit 24, # (26) Exhibit 25)(Noteware, Ellen) 686 Filed & Entered: 05/15/2024
set motion and R&R deadlines/hearings MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs have filed under seal a motion to compel relating to defendant Massachusetts Institute of Technology. Plaintiffs are directed to promptly file in the public record a redacted version of the motion. Any objection to the motion is to be filed by 5/22/2024. A video hearing on the motion is set for 5/24/2024 at 9:30 AM. Judge Kennelly's courtroom deputy clerk will send out a video invitation in advance of the hearing. By no later than 5/20/2024, a written point-by-point justification for filing the motion under seal is to be filed, by whatever party or parties contends that all or part of the motion is properly filed under seal. Unless this is done, the Court will direct the unsealing of the motion. (mk) 687 Filed & Entered: 05/16/2024
other Joint Letter Requesting Clarification by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams Joint Letter by Plaintiffs and Defendant MIT Requesting Clarification of the Court's Minute Entry (ECF No. 686) (Schwartz, Richard) 688 Filed & Entered: 05/17/2024
text entry MINUTE entry before the Honorable Matthew F. Kennelly: The parties have requested clarification of the Court's order requiring the filing of a redacted version of plaintiffs' motion to compel regarding MIT pending determination of whether and to what extent the motion may be maintained under seal (it has been provisionally filed under seal). The Court sees no need to clarify the order; it is clear on its face. A redacted version is to be filed now, so that the public is aware of the contents of the motion that have not been designated as confidential under the protective order(s), even if a revised redacted version may have to be filed later after the Court adjudicates the extent to which the motion may be sealed. (mk) 689 Filed & Entered: 05/17/2024Terminated: 05/24/2024
motion to compel MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to compel - Redacted Public Version of Docket No. 685 - Plaintiffs' Motion for Leave to Reopen the 30(b)(6) Deposition of Defendant MIT and to Compel MIT to Provide A Knowledgeable Designee (redactions applied pursuant to Defendant MIT's asserted confidentiality designations) (Attachments: # (1) Plaintiffs' Statement Of Compliance With Local Rule 37.2, # (2) Exhibits 1-25 (all exhibits filed under seal at the request of Defendant MIT))(Schwartz, Richard) 690 Filed & Entered: 05/20/2024Terminated: 06/05/2024
motion to seal MOTION by Defendant Massachusetts Institute of Technology to seal Portions of Plaintiffs' Motion to Compel and Certain Accompanying Exhibits (Attachments: # (1) Redacted Plaintiffs' Motion, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14, # (16) Exhibit 15, # (17) Exhibit 16, # (18) Exhibit 17, # (19) Exhibit 18, # (20) Exhibit 19, # (21) Exhibit 20, # (22) Exhibit 21, # (23) Exhibit 22, # (24) Exhibit 23, # (25) Exhibit 24, # (26) Exhibit 25)(Rybnicek, Jan) 691 Filed: 05/20/2024 Entered: 05/21/2024 statement STATEMENT of objection by Lucas Martin. (Exhibits, Envelope postmarked 05/13/2024) (Received by mail in the Clerk's Office on 05/20/2024.) (daj, ) 692 Filed & Entered: 05/21/2024
other REQUEST to be excluded by Kylee L. Kazenski. (Envelope postmark illegible) (Received by mail in the Clerk's Office on 05/21/2024.) (daj, ) 693 Filed & Entered: 05/22/2024
sealed response SEALED RESPONSE by Massachusetts Institute of Technology to SEALED MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams : Plaintiffs' Motion And Memorandum Of Law In Support Of Plaintiffs[685], MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to compel - Redacted Public Version of Docket No. 685 - Plaintiffs' Motion f[689] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)(Rybnicek, Jan) 694 Filed & Entered: 05/22/2024
response in opposition to motion RESPONSE by Massachusetts Institute of Technology in Opposition to SEALED MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams : Plaintiffs' Motion And Memorandum Of Law In Support Of Plaintiffs[685], MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to compel - Redacted Public Version of Docket No. 685 - Plaintiffs' Motion f[689] Redacted Public Version of Docket No. 693 (Attachments: # (1) Exhibit 1 (Filed Under Seal), # (2) Exhibit 2 (Filed Under Seal), # (3) Exhibit 3 (Filed Under Seal), # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)(Rybnicek, Jan) 695 Filed & Entered: 05/22/2024Terminated: 06/05/2024
motion to seal MOTION by Defendant Massachusetts Institute of Technology to seal Portions of MIT's Opposition to Plaintiffs' Motion to Compel and Certain Accompanying Exhibits (Rybnicek, Jan) 696 Filed & Entered: 05/22/2024
notice of filing NOTICE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams OF FILING UNDER SEAL (Normand, Edward) 697 Filed & Entered: 05/22/2024
sealed response SEALED RESPONSE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to MOTION by Defendant Massachusetts Institute of Technology to seal Portions of Plaintiffs' Motion to Compel and Certain Accompanying Exhibits [690] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Normand, Edward) 698 Filed & Entered: 05/23/2024
text entry MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing scheduled for May 24, 2024 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID is 23158747661##. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, ) 699 Filed & Entered: 05/23/2024Terminated: 06/05/2024
motion for leave to file MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for leave to file Reply in Response to Defendant MITs Opposition to Plaintiffs' Motion (ECF No. 685) to Reopen the 30(b)(6) Deposition of Defendant MIT and to Compel MIT to Provide a Knowledgeable Designee (Schwartz, Richard) 700 Filed & Entered: 05/23/2024
reply SEALED REPLY by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to SEALED MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams : Plaintiffs' Motion And Memorandum Of Law In Support Of Plaintiffs[685] - PROPOSED Reply Memorandum in Support of Plaintiffs' Motion to Compel MIT to Reopen Its 30(b)(6) Deposition for Limited Purposes (Attachments: # (1) Exhibit 26, # (2) Exhibit 27, # (3) Exhibit 28, # (4) Exhibit 29, # (5) Exhibit 30, # (6) Exhibit 31, # (7) Exhibit 32, # (8) Exhibit 33)(Schwartz, Richard) 701 Filed & Entered: 05/24/2024
order on sealed motion MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing held on 5/24/2024. Oral argument heard regarding plaintiffs' motion for leave to reopen 30(b)(6) deposition of defendant MIT and to compel [685] [689]. Plaintiffs' motion to compel [685][689] is granted to the extent stated on the record. In particular plaintiff may reopen the Schmill deposition or the 30(b)(6) deposition (but not both) for an additional 60 minutes. This is to take place within two weeks of 5/27/2024. The status hearing set for 6/18/2024 at 1:00 p.m. will be in-person [676]. The hearing will be held in Courtroom 2103. Mailed notice. (mma, ) 702 Filed & Entered: 05/28/2024
notice of change of address NOTICE by John C Kocoras of Change of Address (Kocoras, John) 703 Filed & Entered: 05/28/2024Terminated: 07/19/2024
motion for miscellaneous relief MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williamsfor Final Approval of Proposed Settlements and Approval of Settlement Class Counsel's Motion for Service Awards, Reimbursement of Expenses, and Attorneys' Fees (Attachments: # (1) Memorandum of Law, # (2) Declaration of Edward Normand, # (3) Ex. 1 to Normand Decl., # (4) Ex. 2 to Normand Declaration, # (5) Ex. 3 to Normand Decl., # (6) Ex. 4 to Normand Decl., # (7) Declaration of Steven Weisbrot, # (8) Ex. A to Weisbrot Decl., # (9) Ex. B to Weisbrot Decl., # (10) Ex. C to Weisbrot Decl., # (11) Ex. D. to Weisbrot Decl., # (12) Ex. E to Weisbrot Decl., # (13) Ex. F to Weisbrot Decl., # (14) Ex. G to Weisbrot Decl., # (15) Ex. H to Weisbrot Decl.)(Schwartz, Richard) 704 Filed & Entered: 05/30/2024
notice of change of address NOTICE by Jordan M Blain of Change of Address (Blain, Jordan) 705 Filed & Entered: 05/30/2024
notice of change of address NOTICE by Amy Lynn Van Gelder of Change of Address (Van Gelder, Amy) 706 Filed & Entered: 06/03/2024Terminated: 06/05/2024
motion to seal MOTION by Defendant Massachusetts Institute of Technology to seal Portions of Plaintiffs' May 22 Opposition, May 23 Reply Memo, and Certain Accompanying Exhibits (Attachments: # (1) Plaintiffs' May 22 Opposition (Redacted), # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Plaintiffs' May 23 Reply Memo (Redacted), # (7) Exhibit 26, # (8) Exhibit 27, # (9) Exhibit 28, # (10) Exhibit 29, # (11) Exhibit 30, # (12) Exhibit 31, # (13) Exhibit 32, # (14) Exhibit 33)(Rybnicek, Jan) 707 Filed & Entered: 06/04/2024
notice of change of address NOTICE by Edward J Normand of Change of Address (Normand, Edward) 708 Filed & Entered: 06/05/2024
order on motion to seal MINUTE entry before the Honorable Matthew F. Kennelly: Defendant MIT's motion to maintain portions of certain filings under seal [706] is granted. In making this determination the Court places significant weight on the fact that the filings concerned a discovery dispute, not the merits of the case, and the fact that discovery typically is not conducted in the public record. The Court's ruling likely would be different if the filings in question were merits-related. Redacted versions of the filings are to be promptly filed in the public record. (mk) 709 Filed & Entered: 06/05/2024
notice of change of address NOTICE by Laura Bernescu of Change of Address (Bernescu, Laura) 710 Filed & Entered: 06/06/2024Terminated: 06/07/2024
motion to withdraw as attorney MOTION by Attorney Thomas E. La Voy to withdraw as attorney for University of Chicago. No party information provided (Rubin, Michael) 711 Filed & Entered: 06/07/2024
Response RESPONSE by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams - Redacted Public Version of Docket No. 697 (Plaintiffs' Response to MIT Motion to Seal) (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Schwartz, Richard) 712 Filed & Entered: 06/07/2024
reply REPLY by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams - Redacted Public Version of Docket No. 700 (Plaintiffs' Reply Memorandum in Support of Motion to Compel) (Attachments: # (1) Exhibit 26, # (2) Exhibit 27, # (3) Exhibit 28, # (4) Exhibit 29, # (5) Exhibit 30, # (6) Exhibit 31, # (7) Exhibit 32, # (8) Exhibit 33)(Schwartz, Richard) 713 Filed & Entered: 06/07/2024
order on motion to withdraw as attorney MINUTE entry before the Honorable Matthew F. Kennelly: Motion to withdraw appearance of attorney Thomas E. La Voy is granted [710]. (mk) 714 Filed & Entered: 06/11/2024
status report STATUS Report - June 11, 2024 Joint Status Report - by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Attachments: # (1) Exhibit 1)(Schwartz, Richard) 715 Filed & Entered: 06/12/2024Terminated: 06/13/2024
motion to withdraw as attorney MOTION by Attorney STEVEN MAGNUSSON to withdraw as attorney for Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams. No party information provided (Copeland, David) 716 Filed & Entered: 06/12/2024
text entry MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to the order entered on 5/24/2024 [701], the status hearing set for 6/18/2024 at 1:00 p.m. will be in-person. The hearing will be held in Courtroom 2103. Counsel of record will receive an email cancelling the video invitation. Mailed notice. (mma, ) 717 Filed & Entered: 06/13/2024
order on motion to withdraw as attorney MINUTE entry before the Honorable Matthew F. Kennelly: Motion to withdraw appearance of Steven Magnusson as attorney for plaintiffs is granted [715]. (mk) 718 Filed & Entered: 06/14/2024
terminate deadlines and hearings MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the time for the in-person status hearing set for 6/18/2024 is advanced to 12:45 PM. Counsel should be prepared to discuss the issues regarding sealing discussed in the joint status report. (mk) 719 Filed & Entered: 06/17/2024
text entry MINUTE entry before the Honorable Matthew F. Kennelly: This case is set for an in-person status hearing on 6/18/2024 at 12:45 p.m. [718]. The Court advises that counsel who cannot attend the 6/18/2024 status hearing but wish to listen may do so via telephone by calling 650-479-3207, access code 980-394-33. No person listening in by telephone will be permitted to speak; the call-in option is for listening only. An in-person appearance will be required for any attorney or other person who wishes to be heard. Mailed notice (mma, ) 720 Filed & Entered: 06/18/2024
status hearing MINUTE entry before the Honorable Matthew F. Kennelly: In person status hearing held on 6/18/2024. Defendants' expert report deadline is extended by agreement to 8/7/2024. Discussion held regarding sealed findings on merits related filings (including class certification; summary judgment; and Daubert filings). The parties are to continue meet and confer regarding a process for addressing information on materials filed under seal. A joint status report with an agreed upon process or separate proposals if the parties cannot agree in good faith is to be filed by 7/16/2024. Video status hearing is set for 7/31/2024 at 1:15 PM. The
MINUTE entry before the Honorable Matthew F. Kennelly: Motion by attorney Benjamin R. Brunner to withdraw as attorney for Northwestern University is granted [579]. (mk)
RESPONSE in Opposition to MOTION by Defendant The Trustees of the University of Pennsylvania for leave to file Response to Plaintiffs' Response to the FERPA Objections of Doe Students [561] [REDACTED] by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Attachments: # (1) Exhibit A)(Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Pennsylvania University's motion to seal confidential information in plaintiffs' opposition (ECF No. 573) is granted [576]. The Clerk is directed to place docket entry 573 and all attachments under seal. Plaintiffs are directed to promptly file a redacted version in the public record. Mailed notice. (mma, )
MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Trustees of University of Pennsylvania's (hereafter "Penn") motion for leave to file a one-page reply [572] is granted. Plaintiffs' motion to seal regarding Penn's response (dkt. 554) is granted [574]. Docket entry 554 is to be maintained under seal. Penn is directed to file a redacted version in the public record. The motion by defendants Cornell University and others to seal plaintiffs' response (dkt. 561) is granted [575]. Docket entry 561 is to be maintained under seal. Plaintiffs are directed to file a redacted version in the public record. Motion 576 will be addressed by way of a separate docket entry. (mk)
SEALED MOTION by Defendant The Trustees of the University of Pennsylvania to Seal Confidential Information in Plaintiffs' Opposition and Attached Exhibit (ECF No. 573, 573-1) (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gringer, David)
SEALED MOTION by Defendants Cornell University, Georgetown University, The Trustees of the University of Pennsylvania Joint Motion to File Under Seal Plaintiffs' Memorandum of Law in Response to the FERPA Objections of 37 Students and Supporting Exhibits A, B, and C (ECF No. 561) (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Armstrong, Norman)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal testimony of Plaintiff Alexander Leo-Guerra referenced in Defendant Trustees of the University of Pennsylvania's Memorandum of Law in Response to the Student Objections Under FERPA and Exhibit 1 (Dkt. No. 554) (Normand, Edward)
RESPONSE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williamsin Opposition to MOTION by Defendant The Trustees of the University of Pennsylvania for leave to file Response to Plaintiffs' Response to the FERPA Objections of Doe Students [561] [572] (Attachments: # (1) Exhibit A)(Normand, Edward)
MOTION by Defendant The Trustees of the University of Pennsylvania for leave to file Response to Plaintiffs' Response to the FERPA Objections of Doe Students [561] (Attachments: # (1) Exhibit 1, # (2) Text of Proposed Order)(Gringer, David)
MINUTE entry before the Honorable Matthew F. Kennelly: Georgetown University's motion to file under seal [552] is granted in part, to the extent stated in its supplemental memorandum filed on 12/19/2023 (dkt. no. 567). Cornell University's motion to file under seal [565] is granted. With regard to any under-seal filing, a complete version, including all exhibits, is to be filed under seal, and a redacted version is to be filed in the public record. Motion by attorney Casey T. Grabenstein to withdraw [566] is granted. (mk)
RESPONSE by Defendant Georgetown University to sealed document,, [540] Georgetown University's Response to Plaintiffs' Amended and Renewed Motion to Compel the Production of the Education Records of the 35 Georgetown and Penn Students Who Have Not Filed Objections To Such Production Under FERPA (Miller, Britt)
MEMORANDUM sealed document[509], sealed document[508] by Georgetown University [REDACTED] Georgetown University's Memorandum In Support of the Georgetown Doe Students' Objections Under FERPA (Miller, Britt)
SUPPLEMENT to motion to seal, [552], order on sealed motion,,,, order on motion to seal,,,,,,,,,,,, terminate motions,,, [564] (Georgetown University's Supplement to Its Motion to File Under Seal) (Miller, Britt)
SEALED MOTION by Defendant Cornell University to File Under Seal Portions of Its Public-Version Memorandum of Law in Response to Cornell Students' Objections Under FERPA and Supporting Exhibits (ECF No. 551) (Armstrong, Norman)
564
Filed: 12/19/2023, Entered: 12/19/2023
Order on Sealed Motion +
MINUTE entry before the Honorable Matthew F. Kennelly: Motions to seal filed by defendants University of Pennsylvania and Cornell University [547] [549] [554] [562] are granted. Redacted versions of the submissions are to be filed in the public record, and complete and unredacted versions, including all exhibits, are to be filed under seal. Regarding the motion to file under seal by Georgetown University [552], the current motion does not contain a sufficient explanation of the subject matter of the claimed "trade secret." Georgetown is directed to file a supplement to the motion in this regard by the close of business today (12/19/2023). Regarding plaintiffs' motion for leave to file under seal [560], which concerns information designated as confidential by certain defendants, the affected defendants are directed to file a single joint response, explaining why the information in question should be filed under seal, by 12/20/2023. (mk)
RESPONSE by Defendant Cornell University to objections[477], sealed document[496] MEMORANDUM OF LAW IN RESPONSE TO CORNELL STUDENTS' OBJECTIONS UNDER FERPA (Redacted Version) (Attachments: # (1) Declaration of Norman Armstrong, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C)(Armstrong, Norman)
SEALED MOTION by Defendant Cornell University Portions of Its Memorandum of Law in Response to Cornell Students' Objections Under FERPA and Supporting Exhibits (Armstrong, Norman)
561
Filed: 12/18/2023, Entered: 12/18/2023
~~SEALED Response
SEALED RESPONSE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to sealed document[509], sealed document[507], sealed document[496] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Text of Proposed Order)(Normand, Edward)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal PLAINTIFFS' MEMORANDUM IN RESPONSE TO THE OBJECTIONS OF 37 DONOR-RELATED STUDENTS TO THE PRODUCTION OF THEIR FERPA-PROTECTED EDUCATION RECORDS BY DEFENDANTS CORNELL, GEORGETOWN, AND PENN (Normand, Edward)
MEMORANDUM sealed document[509], sealed document[508] by Georgetown University [REDACTED] Georgetown University's Memorandum In Support of the Georgetown Doe Students' Objections Under FERPA (Attachments: # (1) Declaration of Daniel T. Fenske, # (2) Exhibit 1)(Miller, Britt)
RESPONSE by Defendant Georgetown University to sealed document,, [540] [REDACTED] Georgetown University's Response to Plaintiffs' Amended and Renewed Motion to Compel the Production of the Education Records of the 35 Georgetown and Penn Students Who Have Not Filed Objections To Such Production Under FERPA (Attachments: # (1) Declaration of Daniel T. Fenske, # (2) Exhibit 1, # (3) Exhibit 3)(Miller, Britt)
SEALED DOCUMENT by Defendant Georgetown University / Georgetown University's Memorandum In Support of the Georgetown Doe Students' Objections Under FERPA (Attachments: # (1) Declaration of Daniel T. Fenske, # (2) Exhibit 1)(Miller, Britt)
RESPONSE by Defendant The Trustees of the University of Pennsylvania to Student Objections Under FERPA (Attachments: # (1) Declaration of David Gringer in Support, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4)(Gringer, David)
SEALED MOTION by Defendant The Trustees of the University of Pennsylvania to Seal Memorandum of Law in Response to Student Objections Under FERPA and Supporting Exhibits (Attachments: # (1) Memorandum of Law in Response to Student Objections Under FERPA, # (2) Declaration of David Gringer in Support, # (3) Exhibit 1, # (4) Exhibit 2, # (5) Exhibit 3, # (6) Exhibit 4)(Gringer, David)
553
Filed: 12/18/2023, Entered: 12/18/2023
~~SEALED Response
SEALED RESPONSE by Georgetown University to sealed document,, [540] / Georgetown University's Response to Plaintiffs' Amended and Renewed Motion to Compel the Production of the Education Records of the 35 Georgetown and Penn Students Who Have Not Filed Objections To Such Production Under FERPA (Attachments: # (1) Declaration of Daniel T. Fenske, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3)(Miller, Britt)
MOTION by Defendant Georgetown University to seal Memorandum in Support of Georgetown DOE Students' Objections Under FERPA and Its Response to Plaintiffs' Amended and Renewed Motion to Compel the Production of the Education Records of the 35 Georgetown and Penn Students Who Have Not Filed Objections to Such Production Under FERPA (Miller, Britt)
RESPONSE by Defendant Cornell University to objections[477], sealed document[496] RESPONSE by Defendant Cornell University MEMORANDUM OF LAW IN RESPONSE TO CORNELL STUDENTS' OBJECTIONS UNDER FERPA (Public Version) (Attachments: # (1) Declaration of Norman Armstrong, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C)(Armstrong, Norman)
SEALED RESPONSE by Cornell University to objections[477], sealed document[496] MEMORANDUM OF LAW IN RESPONSE TO CORNELL STUDENTS' OBJECTIONS UNDER FERPA (Attachments: # (1) Declaration of Norman Armstrong, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C)(Armstrong, Norman)
MOTION by Defendant Cornell University to seal Exhibit A to Cornell's Memorandum of Law in Response to Cornell Students' Objections Under FERPA (Armstrong, Norman)
SEALED MOTION by Defendant The Trustees of the University of Pennsylvania to Seal Exhibits in Support of Opposition to Plaintiffs' Motion to Compel (Attachments: # (1) Memorandum of Law in Opposition, # (2) Declaration in Support of Memorandum of Law in Opposition, # (3) Exhibit 1, # (4) Exhibit 2, # (5) Exhibit 3, # (6) Exhibit 4, # (7) Exhibit 5, # (8) Exhibit 6, # (9) Exhibit 7, # (10) Exhibit 8, # (11) Exhibit 9, # (12) Exhibit 10)(Gringer, David)
RESPONSE by University of Pennsylvania Doe Students 1-6, University of Pennsylvania Doe Students 7-8 to sealed document[507] (IN SUPPORT OF FERPA NOTICE OBJECTION LETTERS) (Wake, Sarah)
RESPONSE by Georgetown University Doe Students 1-19 to sealed document[509], sealed document[508] (IN SUPPORT OF FERPA NOTICE OBJECTION LETTERS) (Wake, Sarah)
MINUTE entry before the Honorable Matthew F. Kennelly: The joint motion for entry of case management order 2 [543] is granted, including the proposal to extend the date for motions regarding written discovery to 1/3/2024. The parties are directed to provide a Word version of the draft order (including the 1/3/2024 date) to Judge Kennelly's proposed order e-mail address. (mk)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron WilliamsTO ENTER PROPOSED CASE MANAGEMENT ORDER #2 (Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Late on 12/1/2023, counsel sent to the District's Emergency Judge e-mail in-box correspondence suggesting that a particular paragraph of a filing should be placed under seal. (The Court will be deliberately cryptic and will not identify the document to avoid calling attention to it.) First of all, this is an inappropriate use of the Emergency Judge in-box. The Emergency Judge is designated to deal with emergency matters when the assigned judge is unavailable, which was not the case here--the assigned judge was just as available at 11:44 PM on a Friday night as the emergency judge was. In addition, a motion should have been filed (none was), not simply an e-mail sent. That aside, the Court is unpersuaded on the present record that the supposedly offending paragraph of the filing is appropriately filed under seal. As the Court has reminded the parties during this litigation, a party's mere designation of material as confidential or highly confidential during discovery is insufficient by itself to place outside the public record material that is filed seeking a decision by the Court. In this situation--likely because no motion has been filed--no justification has been offered for having the particular paragraph outside the public record. It's a one-sentence paragraph. The last half is a list of document identifiers that no one would be able to decipher. The first half contains a reference to certain documents that are identified by name. If this is the aspect that supposedly should be under seal, there needs to be an explanation for why the reference is appropriately placed outside the public record. This will require a motion that explains this, not simply the terse e-mails sent to the Emergency Judge in-box, which provided only a conclusion and no justification. Any such motion may itself be filed under seal, at least provisionally. (mk)
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to compel production [528] is withdrawn; motion to file amended motion to compel under seal [538] is granted. (mk)
SEALED DOCUMENT by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams PLAINTIFFS' AMENDED AND RENEWED MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO COMPEL THE PRODUCTION OF THE EDUCATION RECORDS OF THE 35 GEORGETOWN AND PENN STUDENTS WHO HAVE NOT FILED OBJECTIONS TO SUCH PRODUCTION UNDER FERPA (Attachments: # (1) Plaintiffs' Statement of Compliance With Local Rule 37.2)(Normand, Edward)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron WilliamsAMENDED AND RENEWED MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO COMPEL THE PRODUCTION OF THE EDUCATION RECORDS OF THE 35 GEORGETOWN AND PENN STUDENTS WHO HAV [REDACTED] (Attachments: # (1) Text of Proposed Order, # (2) Plaintiffs' Statement of Compliance With Local Rule 37.2, # (3) Exhibit A, # (4) Exhibit B, # (5) Exhibit C, # (6) Exhibit D)(Normand, Edward)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal THEIR AMENDED AND RENEWED MOTION TO COMPEL THE PRODUCTION OF THE EDUCATION RECORDS OF THE 35 GEORGETOWN AND PENN STUDENTS WHO HAVE NOT FILED OBJECTIONS TO SUCH PRODUCTION UNDER FERPA (Normand, Edward)
PLAINTIFFS' NOTICE OF WITHDRAWAL OF MOTION TO COMPEL THE PRODUCTION OF THE EDUCATION RECORDS OF THE 35 GEORGETOWN AND PENN STUDENTS WHO HAVE NOT FILED OBJECTIONS TO SUCH PRODUCTION UNDER FERPA by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Dkt. No. 529) (Normand, Edward)
ATTORNEY Appearance for Plaintiffs Frank Carbone, Andrew Corzo, Savannah Rose Eklund, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams by Jeremy Gradwohl (Gradwohl, Jeremy)
MINUTE entry before the Honorable Matthew F. Kennelly: In person status hearing held on 11/28/2023. The Court's rulings are summarized as follows: (a) Plaintiffs' motions to seal [501] [513] and [527] are granted. Defendant Georgetown's motion to seal [516] is granted. Defendants' California Institute of Technology, Cornell University, Georgetown University, Massachusetts Institute of Technology, The Johns Hopkins University, The Trustees of the University of Pennsylvania, University of Notre Dame du Lac's motion to seal [517] is granted. Defendant Cornell University's motion to seal [523] is granted. Redacted versions are to be filed on the public record. (b) Plaintiffs' motions for reconsideration [382] [385] are terminated. (c) Plaintiffs' motion for extension of time for class notice and settlement approval [526] is granted. The 12/8/2023 deadline for beginning notice to the class and the other deadlines in the 9/9/2023 preliminary approval order are suspended until further order by the Court. (d) The deadline for plaintiffs and defendants to each file a 15-page response to all student objections under FERPA is 12/18/2023. (e) Any response to plaintiffs' motion to compel [528] [529] is due 12/11/2023. (f) The motion to modify CMO 1 is granted in part as stated on the record [499]. The parties are directed to send to Judge Kennelly's proposed order e-mail address a proposed order in Word format regarding the resetting of dates corresponding to the fact discovery extension granted by the Court. (g) Oral argument heard on defendants' motion to compel [497] and plaintiffs' motion to designate regarding Georgetown [502] [505]. The motion to compel by defendants California Institute of Technology, Cornell University, Georgetown University, Massachusetts Institute of Technology, The Johns Hopkins University, The Trustees of the University of Pennsylvania, University of Notre Dame du Lac [497] is granted in part. The "contention" interrogatories are to be answered no later than six weeks before the new deadline for completing fact discovery. Plaintiffs need not provide a response to the interrogatories characterized as "expert" interrogatories (11; 13; 14; 16; 20; 44). (h) Plaintiffs' motion to designate and compel [502] [505] is granted in part and denied in part as stated on the record. (i) The case is set for an in-person status hearing on 1/18/2024 at 1:00 p.m. The hearing will be held in Courtroom 2103. A joint status report is to be filed by 1/11/2024. The following call-in number will be used for remote listening of the hearing: 888-684-8852, access code 746-1053. No remote participation will be allowed. All remote listeners are directed to mute their phones. Mailed notice. (mma, )
SEALED DOCUMENT by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams PLAINTIFFS' MOTION TO COMPEL THE PRODUCTION OF THE EDUCATION RECORDS OF THE 35 GEORGETOWN AND PENN STUDENTS WHO HAVE NOT FILED OBJECTIONS TO SUCH PRODUCTION UNDER FERPA (Normand, Edward)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron WilliamsTO COMPEL THE PRODUCTION OF THE EDUCATION RECORDS OF THE 35 GEORGETOWN AND PENN STUDENTS WHO HAVE NOT FILED OBJECTIONS TO SUCH PRODUCTION UNDER FERPA [REDACTED] (Normand, Edward)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal THEIR MOTION TO COMPEL THE PRODUCTION OF THE EDUCATION RECORDS OF THE 35 GEORGETOWN AND PENN STUDENTS WHO HAVE NOT FILED OBJECTIONS TO SUCH PRODUCTION UNDER FERPA (Normand, Edward)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for extension of time - UNOPPOSED MOTION FOR EXTENSION OF TIME FOR CLASS NOTICE AND SETTLEMENT APPROVAL PROCESS (Schwartz, Richard)
RESPONSE by Georgetown University in Opposition to MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams TO DESIGNATE GEORGETOWN'S PRESIDENT AND HIS ASSISTANT AS CUSTODIANS AND TO COMPE[505] [Redacted] (Attachments: # (1) Declaration of Daniel T. Fenske, # (2) Exhibit 1, # (3) Exhibit 2)(Miller, Britt)
SEALED RESPONSE by Georgetown University to MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams TO DESIGNATE GEORGETOWN'S PRESIDENT AND HIS ASSISTANT AS CUSTODIANS AND TO COMPE[505] (Attachments: # (1) Declaration of Daniel T. Fenske, # (2) Exhibit 1)(Miller, Britt)
RESPONSE by California Institute of Technology, Cornell University, Georgetown University, Massachusetts Institute of Technology, The Johns Hopkins University, The Trustees of the University of Pennsylvania, University of Notre Dame du Lac in Opposition to MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron WilliamsTO MODIFY CASE MANAGEMENT ORDER #1 [499] (Kutcher, Matthew)
SEALED RESPONSE by California Institute of Technology, Cornell University, Georgetown University, Massachusetts Institute of Technology, The Johns Hopkins University, The Trustees of the University of Pennsylvania, University of Notre Dame du Lac to sealed document, [500] Plaintiffs' Motion to Modify Case Management Order #1 (Kutcher, Matthew)
MOTION by Defendants California Institute of Technology, Cornell University, Georgetown University, Massachusetts Institute of Technology, The Johns Hopkins University, The Trustees of the University of Pennsylvania, University of Notre Dame du Lac to seal Portions of Opposition to Plaintiffs' Motion to Modify Case Management Order #1 (Unopposed) (Kutcher, Matthew)
MOTION by Defendant Georgetown University to seal document - Georgetown University's Motion to File Under Seal its Response to Plaintiffs' Motion to Designate Georgetown's President and His Assistant as Custodians and to Compel George to Produce Documents - (Miller, Britt)
SEALED DOCUMENT by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTION TO COMPEL RESPONSES TO DEFENDANTS' SECOND SET OF INTERROGATORIES (Attachments: # (1) Exhibit A)(Normand, Edward)
MEMORANDUM by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams in Opposition to motion to compel,, [497] (Attachments: # (1) Declaration T. Normand, # (2) Exhibit A, # (3) Exhibit B)(Normand, Edward)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal PLAINTIFFS' NOVEMBER 22, 2023, OPPOSITION TO DEFENDANTS' MOTION TO COMPEL RESPONSES TO DEFENDANTS' SECOND SET OF INTERROGATORIES (Normand, Edward)
SEALED DOCUMENT by Georgetown University Doe Students 1-19 (FERPA Notice Objection Letter) (Wake, Sarah)
508
Filed: 11/17/2023, Entered: 11/17/2023
Sealed document
SEALED DOCUMENT by Georgetown University Doe Students 1-19 (FERPA Notice Objection Letters) (Wake, Sarah)
507
Filed: 11/17/2023, Entered: 11/17/2023
Sealed document
SEALED DOCUMENT by University of Pennsylvania Doe Students 1-6, University of Pennsylvania Doe Students 7-8 (FERPA Notice Objection Letters) (Wake, Sarah)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams TO DESIGNATE GEORGETOWN'S PRESIDENT AND HIS ASSISTANT AS CUSTODIANS AND TO COMPEL GEORGETOWN TO PRODUCE DOCUMENTS [REDACTED] (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Plaintiffs' Statement of Compliance with Local Rule 37.2, # (4) Text of Proposed Order)(Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to file under seal [498] the motion to modify the case management order is granted; a redacted version is to be filed in the public record. All motions other than the motion to seal are to be addressed pursuant to the briefing schedule set in the Court's 10/5/2023 minute entry. (mk)
SEALED DOCUMENT by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams PLAINTIFFS' MOTION TO DESIGNATE GEORGETOWN'S PRESIDENT AND HIS ASSISTANT AS CUSTODIANS AND TO COMPEL GEORGETOWN TO PRODUCE DOCUMENTS (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Normand, Edward)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron WilliamsTO DESIGNATE GEORGETOWN'S PRESIDENT AND HIS ASSISTANT AS CUSTODIANS AND TO COMPEL GEORGETOWN TO PRODUCE DOCUMENTS (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Plaintiffs' Statement of Compliance with Local Rule 37.2, # (4) Text of Proposed Order)(Normand, Edward)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal PLAINTIFFS' MOTION TO DESIGNATE GEORGETOWN'S PRESIDENT AND HIS ASSISTANT AS CUSTODIANS AND TO COMPEL GEORGETOWN TO PRODUCE DOCUMENTS (Normand, Edward)
SEALED DOCUMENT by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams PLAINTIFFS' MOTION TO MODIFY CASE MANAGEMENT ORDER #1 (Normand, Edward)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron WilliamsTO MODIFY CASE MANAGEMENT ORDER #1 (Attachments: # (1) Declaration of Edward J. Normand and Statement of Compliance with Local Rule 37.2, # (2) Exhibit A)(Normand, Edward)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal PLAINTIFFS' MOTION TO MODIFY CASE MANAGEMENT ORDER #1 (Normand, Edward)
MOTION by Defendants California Institute of Technology, Cornell University, Georgetown University, Massachusetts Institute of Technology, The Johns Hopkins University, The Trustees of the University of Pennsylvania, University of Notre Dame du Lac to compel Responses to Defendants' Second Set of Interrogatories (Attachments: # (1) Memorandum of Law in Support, # (2) Declaration of David Gringer in Support, # (3) Exhibit 1, # (4) Exhibit 2, # (5) Exhibit 3, # (6) Exhibit 4, # (7) Exhibit 5, # (8) Exhibit 6, # (9) Exhibit 7, # (10) Exhibit 8, # (11) Exhibit 9, # (12) Exhibit 10, # (13) Statement of Compliance Under Local Rule 37.2, # (14) Text of Proposed Order)(Gringer, David)
MINUTE entry before the Honorable Matthew F. Kennelly: The agreed motion to seal [494] is respectfully denied. The moving party does not articulate any plausible or viable basis for further redacting the document in question--which already contains no names or other information that reasonably could be considered to be personally identifying information. (mk)
MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motions by University of Pennsylvania Doe Students 1-6 [487] and by Georgetown University Doe Students 1-19 to seal and for additional time are both granted. Those persons are given until 11/17/2023 to submit objection letters; the letters may be filed under seal with personally identifiable information (names, addresses, birth dates, and Social Security numbers) redacted; and they are to be treated as attorney's eyes only material under the amended confidentiality order dated 7/28/2023. (mk)
MEMORANDUM by Georgetown University Doe Students 1-19 in support of motion to seal[490] and for Additional Time to Submit Objection Letters [Unopposed] (Wake, Sarah)
MEMORANDUM by University of Pennsylvania Doe Students 1-6 in support of motion to seal[487] and for Addtional Time to Submit Objection Letters [Unopposed] (Wake, Sarah)
MINUTE entry before the Honorable Matthew F. Kennelly: Joint motion to terminate FERPA order as to Vanderbilt [483] is granted. A statement regarding the parties' process in finalizing a settlement agreement relating to Vanderbilt is to be included in the 11/22/2023 joint status report. (mk)
MINUTE entry before the Honorable Matthew F. Kennelly: The motion by Cornell Doe Students 1-9 for leave to file under seal and for additional time [479] is granted as follows: (1) The students' objection letters are to be filed under seal, and personal identifiers (names, addresses, birth dates, and Social Security numbers) may be redacted from the under-seal filing. (2) The objection letters will be treated as attorney's eyes only material under the amended confidentiality order dated 7/28/2023. (3) The students are given until 11/9/2023 to file the objection letters. (mk)
MOTION by Movant Cornell University Doe Students 1-9 for leave to file Under Seal and for Additional time to submit objection letters (Berkowitz, Sean)
MINUTE entry before the Honorable Matthew F. Kennelly: The motion by Vanderbilt Doe Students 1-42 for protective order and for additional time [471] is granted in part, to the following extent. (1) The students' objection letters must be filed but may be filed under seal, and personal identifiers (names, addresses, birth dates, and Social Security numbers) may be redacted from the under-seal filing. (2) The objection letters will be treated as attorney's eyes only material under the amended confidentiality order dated 7/28/2023. (3) The students are given 7 days from today's date to file the objection letters. The motion for protective order is otherwise denied. In particular, there is no proper legal or factual basis for in camera submission of the letters, and 7 days from today (not 14 as requested) is sufficient given the amount of time the students have had the letters. (mk)
STATUS Report / August 17, 2023, Joint Status Report (Redacted Version) by Vanderbilt University (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Gidley, John)
RESPONSE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to MOTION by Vanderbilt Doe Students 1-42 for protective order [471] (Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Vanderbilt's motion to seal docket entry 433-2 is granted [469]. The Clerk is directed to place docket entry 433-2 under seal. Defendant Vanderbilt is directed to file a redacted version of the complete status report (not just 433-2) in the public record by no later than 10/31/2023. Mailed notice. (mma, )
MOTION by Vanderbilt Doe Students 1-42 for protective order (Attachments: # (1) Memorandum in Support of Motion for Protective Order and Additional Time to Submit Objection Letters)(Wake, Sarah)
ATTORNEY Appearance for Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams by Ivy Ngo (Ngo, Ivy)
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF CERTAIN DONOR REPORTS AND TO COMPEL NORTHWESTERN TO PRODUCE PRESIDENT MORTON SCHAPIRO FOR TWO ADDITIONAL HOURS OF DEPOSITION [REDACTED] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to compel regarding Northwestern [440] is terminated as moot based on the representations in the status report filed on 10/16/2023. (mk)
STATUS Report (Joint Status Report of Plaintiffs and Defendant Northwestern Regarding Motions to Compel) by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Schwartz, Richard)
MINUTE entry before the Honorable Matthew F. Kennelly: Certain defendants' previously-filed motions to file under seal are withdrawn [452] [454]. Revised motions to seal [460] [462] are granted, good cause having been shown. The original filings are already under seal. The parties are to file redacted versions in the public record by no later than 10/17/2023. This includes the motion to compel relating to Northwestern University and the response to that motion, and the response to the motion to compel relating to FERPA notices. (mk)
MOTION by Defendant The Trustees of the University of Pennsylvania to seal Certain Defendants' Certain Exhibits in Support of their Opposition to Plaintiffs' Motion to Compel [451] (Gringer, David)
MEMORANDUM by The Trustees of the University of Pennsylvania in Support of Certain Defendants' Opposition to Plaintiffs' Motion to Compel [443] (Attachments: # (1) Declaration of David Gringer in Support, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K)(Gringer, David)
MOTION by Defendant Northwestern University to seal Certain Exhibits To Plaintiffs' Motion To Compel And Northwestern's Opposition Thereto And A Screenshot Of One Such Exhibit Contained In Plaintiffs' Motion (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Stein, Scott)
MINUTE entry before the Honorable Matthew F. Kennelly: In person status and motion hearings held on 10/5/2023. Oral argument held regarding the plaintiffs' motions to compel Northwestern [440] and FERPA Notices [443]. Plaintiffs' motion to compel regarding FERPA notices [443] is granted for the reasons stated on the record. Plaintiffs' motion to compel regarding Northwestern [440] is entered and continued pending the Watson deposition. Northwestern's motion for leave to file under seal [454] is taken under advisement for the reasons stated on the record; Northwestern is directed to promptly supplement the motion to explain the redactions. In-person status hearing is set for 11/28/2023 at 1:00 p.m. The hearing will be held in Courtroom 2103. Any motions that any party wants to have the Court address at the hearing are due by 11/15/2023. Any responses are due by 11/22/2023. The parties are directed to file a joint status report on 11/22/2023. The following call-in number will be used for remote listening of the hearing: 888-684-8852, access code 746-1053. No remote participation will be allowed. All remote listeners are directed to mute their phones. Mailed notice. (mma, )
PLAINTIFFS' NOTICE OF WITHDRAWAL OF MOTION TO COMPEL FERPA NOTICES AS TO DEFENDANT UNIVERSITY OF NOTRE DAME DU LAC by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Normand, Edward)
RESPONSE by Northwestern University in Opposition to MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron WilliamsTO COMPEL PRODUCTION OF CERTAIN DONOR REPORTS AND TO COMPEL NORTHWESTERN TO PRODUCE PR[440] (Redacted Version) (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Stein, Scott)
NOTICE of Motion by Scott David Stein for presentment of motion to seal[454] before Honorable Matthew F. Kennelly on 10/5/2023 at 01:00 PM. (Stein, Scott)
MOTION by Defendant The Trustees of the University of Pennsylvania to seal Opposition to Plaintiffs' Motion to Compel and Declaration of David Gringer in Support [451] (Gringer, David)
SEALED RESPONSE by The Trustees of the University of Pennsylvania to MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron WilliamsTO COMPEL DEFENDANTS TO PROVIDE FERPA NOTICES PURSUANT TO THIS COURT'S ORDER REGA[443] (Attachments: # (1) Declaration of David Gringer in Support, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G, # (9) Exhibit H, # (10) Exhibit I, # (11) Exhibit J, # (12) Exhibit K)(Gringer, David)
STATUS Report September 28, 2023, Joint Status Report (Redacted Version) by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Motion for leave to file joint status report under seal [448] is granted. A redacted version of the status report is to be filed in the public record. (mk)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal JOINT STATUS REPORT (Normand, Edward)
SEALED DOCUMENT by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams JOINT STATUS REPORT (Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Responses to motions to compel [440] [443] are to be filed by 10/4/2023. Motion hearing set for 10/5/2023 at 1:00 PM. (mk)
MINUTE entry before the Honorable Matthew F. Kennelly: Motion by Monica Mleczko to appear pro hac vice [438] is granted. Motion of Jessica Maurer to withdraw as attorney [444] is granted. (mk)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron WilliamsTO COMPEL DEFENDANTS TO PROVIDE FERPA NOTICES PURSUANT TO THIS COURT'S ORDER REGARDING FERPA AND THE PRODUCTION OF CERTAIN DOCUMENTS AND INFORMATION (Attachments: # (1) Memorandum of Law in Support, # (2) Plaintiffs' Statement of Compliance with Local Rule 37.2)(Normand, Edward)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal PLAINTIFFS' MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION TO COMPEL PRODUCTION OF CERTAIN DONOR REPORTS AND TO COMPEL NORTHWESTERN TO PRODUCE PRESIDENT MORTON SCHAPIRO FOR TWO ADDITIONAL HOURS OF DEPOSITION (Normand, Edward)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron WilliamsTO COMPEL PRODUCTION OF CERTAIN DONOR REPORTS AND TO COMPEL NORTHWESTERN TO PRODUCE PRESIDENT MORTON SCHAPIRO FOR TWO ADDITIONAL HOURS OF DEPOSITION (Normand, Edward)
ORDER PRELIMINARILY APPROVING SETTLEMENT, PROVISIONALLY CERTIFYING THE PROPOSED SETTLEMENT CLASS, APPROVING THE NOTICE PLAN, AND APPROVING THE PROCESS SCHEDULEDFOR COMPLETING THE SETTLEMENT PROCESS, signed by the Honorable Matthew F. Kennelly on 9/9/2023. (mk)
ORDER REGARDING PLAINTIFFS' MOTION TO COMPEL AND FOR SANCTIONS AGAINST GEORGETOWN UNIVERSITY AND ITS COUNSEL AND FOR RELATED RELIEF, signed by the Honorable Matthew F. Kennelly on 8/30/2023. Motion to compel and for sanctions [402] is terminated without prejudiced based on entry of this order. (mk)
MINUTE entry before the Honorable Matthew F. Kennelly: In person status and motion hearing held on 8/24/2023. The Court addressed the following matters. (A) Oral ruling made on the motion for preliminary approval of settlement [428]. Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams's motion for preliminary approval of settlement [428] is granted, subject to revision of the class notice(s) as discussed on the record. Revised draft notices should be filed promptly, and a draft preliminary approval order in Word format should be sent to Judge Kennelly's proposed order e-mail address. (B) The disputes regarding discovery involving Northwestern and Vanderbilt referenced in the joint status report are to be filed a motions (pursuant to the default schedule previously set) if not resolved. (C) Plaintiffs and defendant Georgetown University are directed to meet and confer immediately as discussed in open court regarding the disputed discovery issues between them and are to provide a draft order to Judge Kennelly's proposed order email address by 8/29/2023. (D) All future status reports are to include detailed information regarding the status of discovery and any updates on settlement. Any disputes on which a party seeks a ruling by the Court must be filed as motions. (E) The next status report is to include a discussion regarding appointment of a settlement master. (F) The joint status report is due 9/28/2023. In person status hearing is set for 10/5/2023 at 1:00 p.m. The hearing will be held in Courtroom 2103. The following call-in number will be used for remote listening of the hearing: 888-684-8852, access code 746-1053. No remote participation will be allowed. All remote listeners are directed to mute their phones. Mailed notice. (mma, )
ATTORNEY Appearance for Plaintiffs Frank Carbone, Andrew Corzo, Savannah Rose Eklund, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams by David Stuart Copeland (Copeland, David)
STATUS Report August 17, 2023, Joint Status Report (Redacted Version) by Northwestern University (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Stein, Scott)
MINUTE entry before the Honorable Matthew F. Kennelly: Joint motion to seal [430] is granted. A complete version of the joint status report, including all exhibits, is to be filed under seal, and a redacted version is to be promptly filed in the public record. (mk)
431
Filed: 8/17/2023, Entered: 8/17/2023
Sealed document
SEALED DOCUMENT by Defendant Northwestern University Joint Status Report (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Stein, Scott)
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for leave to file excess pages [427] is granted. Any response to plaintiffs' motion for preliminary approval [428], as provided by previous order [412], is to be filed by 8/21/2023. Hearing, unless deemed unnecessary by the Court, is set for for 8/24/2023 at 1:00 PM. (mk)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron WilliamsFOR PRELIMINARY APPROVAL OF SETTLEMENT, PROVISIONAL CERTIFICATION OF PROPOSED SETTLEMENT CLASS, APPROVAL OF NOTICE PLAN, AND APPROVAL OF THE PROPOSED SCHEDULE FOR COMPLETING THE SETTLEMENT PROCESS (Attachments: # (1) Memorandum in Support, # (2) Joint Declaration of Eric L. Cramer, Robert D. Gilbert, and Edward Normand, # (3) Joint Decl. Ex. A, # (4) Joint Decl. Ex. B, # (5) Joint Decl. Ex. C, # (6) Joint Decl. Ex. D, # (7) Declaration of Steven Weisbrot, # (8) Weisbrot Ex. A, # (9) Weisbrot Ex. B, # (10) Weisbrot Ex. C)(Normand, Edward)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for leave to file excess pages FOR PLAINTIFFS' MEMORANDUM OF LAW IN SUPPORT OF PRELIMINARY APPROVAL OF PLAINTIFFS' SETTLEMENT WITH DEFENDANT UNIVERSITY OF CHICAGO (Normand, Edward)
STATUS Report SUPPLEMENT TO JOINT STATUS REPORT OF PLAINTIFFS AND GEORGETOWN TO RESOLVE PLAINTIFFS' MOTION TO COMPEL AND FOR SANCTIONS [REDACTED] by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to seal supplement to status report [424] is granted; a redacted version is to be promptly filed in the public record. (mk)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal SUPPLEMENT TO JOINT STATUS REPORT OF PLAINTIFFS AND GEORGETOWN TO RESOLVE PLAINTIFFS' MOTION TO COMPEL AND FOR SANCTIONS (Normand, Edward)
SEALED DOCUMENT by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams SUPPLEMENT TO JOINT STATUS REPORT OF PLAINTIFFS AND GEORGETOWN TO RESOLVE PLAINTIFFS' MOTION TO COMPEL AND FOR SANCTIONS (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Normand, Edward)
STATUS Report [Redacted] by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Attachments: # (1) Plaintiffs' [Proposed Form No.1] Order - Redacted, # (2) Plaintiffs' [Proposed Form No.2] Order - Redacted, # (3) Georgetown's [Proposed] Order - Redacted)(Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly Motion by attorney Jed W. Glickstein to withdraw as attorney for Georgetown University is granted [420]. (mk)
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to file status report under seal [418] is granted. A redacted version is to be filed in the public record. (mk)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal Joint Status Report (Normand, Edward)
SEALED DOCUMENT by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams Joint Status Report (Attachments: # (1) Plaintiffs' [Proposed Form No.1] Order, # (2) Plaintiffs' [Proposed Form No.2] Order, # (3) Georgetown's [Proposed] Order)(Normand, Edward)
NOTICE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Attachments: # (1) Exhibit A - Amended Confidentiality Order)(Normand, Edward)
TRANSCRIPT OF PROCEEDINGS held on 07/24/2023 before the Honorable Matthew F. Kennelly. Order Number: 46406, 46411, 46420, 46429. Court Reporter Contact Information: Judith A. Walsh, CSR, RDR, F/CRR. Official Court Reporter. judith_walsh@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/17/2023. Redacted Transcript Deadline set for 8/28/2023. Release of Transcript Restriction set for 10/25/2023. (Walsh, Judy)
EXHIBIT by Defendant Georgetown University Exhibit 13 (Filed Under Seal) regarding response in opposition to motion,,, [413] (Attachments: # (1) Exhibit 14 (Filed Under Seal))(Miller, Britt)
413
Filed: 7/26/2023, Entered: 7/26/2023
response in opposition to motion
RESPONSE by Georgetown University in Opposition to MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to compel AND FOR SANCTIONS AGAINST GEORGETOWN UNIVERSITY AND ITS COUNSEL AND FOR[402] (Redacted) (Attachments: # (1) Declaration of Daniel T. Fenske (Redacted), # (2) Exhibit 1 (Filed Under Seal), # (3) Exhibit 2 (Filed Under Seal), # (4) Exhibit 3 (Filed Under Seal), # (5) Exhibit 4 (Filed Under Seal), # (6) Exhibit 5 (Filed Under Seal), # (7) Exhibit 6 (Filed Under Seal), # (8) Exhibit 7 (Filed Under Seal), # (9) Exhibit 8 (Filed Under Seal), # (10) Exhibit 9 (Filed Under Seal), # (11) Exhibit 10 (Filed Under Seal), # (12) Exhibit 11 (Filed Under Seal), # (13) Exhibit 12 (Filed Under Seal))(Miller, Britt)
MINUTE entry before the Honorable Matthew F. Kennelly: Video status and motion hearing held on 7/24/2023. Plaintiffs' motion for reconsideration [387] is denied without prejudice with the explanation and for the reasons stated on the record. Plaintiffs' motion to compel [402] is taken under advisement. Parties are to meet and confer regarding the proposal by Georgetown found at pages 3-4 of the agreement. The Court also noted that the Georgetown representative whose deposition has been taken will have to reappear for a time period to be agreed upon by the parties; this will not count as an additional deposition against the overall deposition limits and the time spent will not count against the overall time limits. The parties are directed to file a joint status report in this regard by 7/31/2023. Henceforth all case management conferences (status hearings) will be held in person with an opportunity for remote listening but not remote speaking. In person status hearing is set for 8/24/2023 at 1:00 p.m. Any motions that any party wishes to have addressed at the hearing must be filed by 8/14/2023; responses are due by 8/21/2023. The following call-in number will be used for remote listening of the hearing: 888-684-8852, access code 746-1053. No remote participation will be allowed. Mailed notice. (mma, )
MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Georgetown's motion for leave to file response under seal [409] is granted. Defendant is directed to promptly file a redacted version in the public record. (mk)
SEALED RESPONSE by Georgetown University to MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to compel AND FOR SANCTIONS AGAINST GEORGETOWN UNIVERSITY AND ITS COUNSEL AND FOR[402] (Attachments: # (1) Declaration of Daniel T. Fenske, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14)(Miller, Britt)
MOTION by Defendant Georgetown University to seal its Response to Plaintiffs' Motion to Compel and for Sanctions Against Georgetown University and its Counsel and for Related Relief (Miller, Britt)
REPLY by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to motion for reconsideration, [382] REDACTED PLAINTIFFS' REPLY MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURT'S MAY 31, 2023 ORAL RULING ON PLAINTIFFS' MOTION TO LIMIT REDACTIONS (Litan, Robert)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal PLAINTIFFS' REPLY MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURT'S MAY 31, 2023 ORAL RULING ON PLAINTIFFS' MOTION TO LIMIT REDACTIONS (Litan, Robert)
SEALED DOCUMENT by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams PLAINTIFFS' REPLY MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURT'S MAY 31, 2023 ORAL RULING ON PLAINTIFFS' MOTION TO LIMIT REDACTIONS (Litan, Robert)
MINUTE entry before the Honorable Matthew F. Kennelly: Motions of Shelby Martin and Arielle Herzberg to appear pro hac vice [399] [400] are granted. (mk)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal THEIR MOTION TO COMPEL AND FOR SANCTIONS AGAINST GEORGETOWN UNIVERSITY AND ITS COUNSEL AND FOR RELATED RELIEF (Normand, Edward)
SEALED DOCUMENT by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams Memorandum of Law in Support (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Text of Proposed Order, # (9) Plaintiffs' Statement of Compliance with Local Rule 37.2)(Normand, Edward)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to compel AND FOR SANCTIONS AGAINST GEORGETOWN UNIVERSITY AND ITS COUNSEL AND FOR RELATED RELIEF (Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Video status and motion hearings scheduled for July 24, 2023 at 9:45 a.m. Central. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID is 23167182315##. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
ATTORNEY Appearance for Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams by Ellen Noteware (Noteware, Ellen)
MINUTE entry before the Honorable Matthew F. Kennelly: This order deals with two matters. (1) The motion for extension of time [393] regarding the filing of a motion relating to alleged over-designation of AEO material by MIT is granted, but only in part; the deadline is extended to 7/19/2023. The Court does not intend to move the hearing/ruling date on any such motion beyond the scheduled date of Monday 7/24/2023, and as a result a filing deadline earlier than the proposed date of Friday 7/21/2023 is needed to allow the filing of a response in advance of the hearing date. (2) If plaintiffs wish to file a reply on their motion for reconsideration [382], the reply is due by no later than 7/19/2023. (mk)
STATUS Report by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Normand, Edward)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for extension of time FOR PLAINTIFFS TO FILE A MOTION AGAINST DEFENDANT MASSACHUSETTS INSTITUTE OF TECHNOLOGY REGARDING THE OVER-DESIGNATION OF DOCUMENTS AS "ATTORNEYS EYES ONLY" (Normand, Edward)
RESPONSE by Northwestern University, Yale Universityin Opposition to MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for reconsideration regarding motion to seal document, [384], Sealed motion, [383[385] (Loughlin, Charles)
MINUTE entry before the Honorable Matthew F. Kennelly: Video status hearing held on 6/16/2023. Deadline for completing the parties' discussions regarding the regarding attorneys' eyes-only designations is 6/30/2023. Any motion relating to alleged over-designation of attorneys' eyes-only (AEO) material is due by 7/11/2023. Any response to any such motion is due by 7/18/2023. A further status hearing and a hearing on any motion relating to AEO material is set for 7/24/2023 at 9:45 a.m. The Court will send out the video conference invitation a few days in advance of the hearing. The parties are directed to file a joint status report with a deadline proposal for completing all written discovery by 7/11/2023. Attorney Dan Medici's motion to appear pro hac vice [386] is granted. Plaintiff's motion for leave to file under seal [384] is granted. Defendants' response to the plaintiffs' motion to reconsider [382] is due 6/23/2023. Plaintiffs' sealed motion to reconsider [383] is stricken as to the reasons stated on the record. Plaintiffs are directed to refile the motion with each exhibit tabbed separately. Mailed notice. (mma, )
SEALED MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams Memorandum in Support of Motion for Reconsideration (Attachments: # (1) Exhibit A- Chart of Number of Pages Produced, # (2) Exhibit B - Chart of Bates Numbers, # (3) Exhibit C - BROWN_0000150276, # (4) Exhibit D - CALTECH000031816, # (5) Exhibit E - Columbia_00292570, # (6) Exhibit F - CORNELL_LIT0000355733, # (7) Exhibit G - DARTMOUTH_0000221307, # (8) Exhibit H - DUKE568_0153213, # (9) Exhibit I - Emory_568Lit_0092371, # (10) Exhibit J - GTWNU_0000327521, # (11) Exhibit K - JHULIT_0000060602, # (12) Exhibit L - MITLIT-000649110, # (13) Exhibit M - ND_0291829, # (14) Exhibit NULIT-0000159158, # (15) Exhibit O - PENN568-LIT-00158494, # (16) Exhibit P - RICE_LIT0000168041, # (17) Exhibit Q - UCHICAGO_0000282061, # (18) Exhibit R - VANDERBILT-00301776, # (19) Exhibit S - YALE_LIT_0000328851)(Litan, Robert)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for reconsideration regarding motion to seal document, [384], Sealed motion, [383] Redacted Memorandum in Support of Motion for Reconsideration (Attachments: # (1) Exhibit A-S)(Litan, Robert)
MOTION by Plaintiffs Andrew Corzo, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal document SEALED MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams Memorandum in Support of Motion for Reconsideration[383] and Exhibits A-S (Litan, Robert)
SEALED MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams Memorandum in Support of Motion for Reconsideration (Attachments: # (1) Exhibit A-S)(Litan, Robert)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for reconsideration regarding order on motion for miscellaneous relief,,,, motion hearing, [375] (Litan, Robert)
[PROPOSED] ORDER RE: JUNE 9, 2023, JOINT STATUS REPORT by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Normand, Edward)
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' MOTION TO LIMIT REDACTION OF DONOR NAMES AS TO NORTHWESTERN AND YALE [Corrected] [Redacted] (Attachments: # (1) Declaration of Edward Normand, # (2) Exhibit G - Redacted)(Normand, Edward)
STATUS Report by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Attachments: # (1) Exhibit A)(Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Video status hearing scheduled for June 16, 2023 at 9:30 a.m. Central. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID is 23086899744##. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 5/31/2023. Plaintiffs' motion to limit redaction of donor names [355][358] is denied without prejudice as to the reasons stated more fully on the record. Case remains set for a video status hearing on 6/16/2023. Mailed notice. (mma, )
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal document sealed document, [372] (Normand, Edward)
SEALED DOCUMENT by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Attachments: # (1) Corrected Memorandum, # (2) Exhibit G)(Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic motion hearing set for 8:45 AM on 5/31/2023 is reset to 9:15 AM on that same date. The call-in information remains as previously described. (mk)
MINUTE entry before the Honorable Matthew F. Kennelly: Motion for leave to file under seal [369] is granted. Plaintiffs are directed to file a complete version of the reply, including all exhibits, under seal and a redacted version in the public record. (mk)
MOTION by Plaintiffs Frank Carbone, Andrew Corzo, Savannah Rose Eklund, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to seal Reply (Normand, Edward)
REPLY by Plaintiffs Frank Carbone, Andrew Corzo, Savannah Rose Eklund, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to response in opposition to motion,, [361], sealed response, [360] (Attachments: # (1) Exhibit 1)(Normand, Edward)
SEALED REPLY by Frank Carbone, Andrew Corzo, Savannah Rose Eklund, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Kara Saffrin, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to sealed response, [360] (Attachments: # (1) Exhibit 1)(Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Certain defendants' motion for leave to file under seal [363] is granted. Defendants are to file a complete and unredacted version of their submission, including all exhibits, under seal, and a redacted version in the public record. (mk)
NOTICE of Motion by Scott David Stein for presentment of motion to seal document[363] before Honorable Matthew F. Kennelly on 5/31/2023 at 08:45 AM. (Stein, Scott)
MOTION by Defendants Northwestern University, Yale University to seal document response in opposition to motion,, [361], sealed response, [360] to Compel Donor Information (Stein, Scott)
EXHIBIT by Defendants Northwestern University, Yale University Declaration of Jamie Lee regarding response in opposition to motion,, [361] (Stein, Scott)
RESPONSE by Northwestern University, Yale Universityin Opposition to MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron WilliamsTO LIMIT REDACTION OF DONOR NAMES AS TO NORTHWESTERN AND YALE [REDACTED] [358], MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron WilliamsTO LIMIT REDACTION OF DONOR NAMES AS TO NORTHWESTERN AND YALE [355] PUBLIC VERSION (Stein, Scott)
SEALED RESPONSE by Northwestern University, Yale University to MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron WilliamsTO LIMIT REDACTION OF DONOR NAMES AS TO NORTHWESTERN AND YALE [355] (Attachments: # (1) Exhibit A)(Stein, Scott)
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion to retain seal [357] is granted. Docket entry [355] (plaintiffs' motion to limit redactions) is to be kept under seal. Mailed notice. (mma, )
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron WilliamsTO LIMIT REDACTION OF DONOR NAMES AS TO NORTHWESTERN AND YALE [REDACTED] (Attachments: # (1) Memorandum of Law in Support [Redacted], # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Plaintiffs' Statement of Compliance With Local Rule 37.2, # (9) Exhibit A, # (10) Exhibit B)(Normand, Edward)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron WilliamsTO RETAIN SEAL ON PLAINTIFFS' MOTION TO LIMIT REDACTIONS AS TO NORTHWESTERN UNIVERSITY AND YALE UNIVERSITY (Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Response to motion to limit redaction [355] is to be filed by 5/19/2023. Reply to response is to be filed by 5/24/2023. Telephonic motion hearing, unless deemed unnecessary by the Court, is set for 5/31/2023 at 8:45 AM, using call-in number 888-684-8852, access code 746-1053. (mk)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron WilliamsTO LIMIT REDACTION OF DONOR NAMES AS TO NORTHWESTERN AND YALE (Attachments: # (1) Memorandum of Law in Support, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Plaintiffs' Statement of Compliance With Local Rule 37.2, # (9) Exhibit A, # (10) Exhibit B)(Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Motion by attorney Kelsey E. Annu-Essuman to withdraw as attorney for Northwestern University is granted [353]. (mk)
MINUTE entry before the Honorable Matthew F. Kennelly: Ruling on motion hearing held on 4/20/2023. Plaintiffs' motion to compel [331] is terminated as moot for the reasons stated on the record. The deadline for completion of production under the first set of requests for production served by the plaintiffs is 5/15/2023. Video status hearing is set for 6/16/2023 at 9:30 a.m. The Court will send out the video conference invitation a few days in advance of the hearing. The parties are directed to file a joint status report by 6/9/2023. Mailed notice. (mma, )
Letter by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Schwartz, Richard)
REPLY by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to motion to compel,, [331] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Text of Proposed Order)(Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Motion of Richard Cipolla to appear pro hac vice [346] is granted, Plaintiffs' motion for extension of time to file the reply on their motion to compel [348] is granted; the due date is extended to 4/14/2023. (mk)
Motion for Extension of Time to File Response/Reply
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for extension of time to file response/reply (Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Video status and motion hearings scheduled for April 20, 2023 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID is 23015035982##. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
RESPONSE by Georgetown University, The Johns Hopkins University, The Trustees of Columbia University in the City of New York, University of Chicago to MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to compel PRODUCTION IN RESPONSE TO PENDING REQUESTS FOR THE PRODUCTION OF DOCUME[331] - CERTAIN DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTION TO COMPEL PRODUCTION IN RESPONSE TO PENDING REQUESTS FOR THE PRODUCTION OF DOCUMENTS (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)(Miller, Britt)
MINUTE entry before the Honorable Matthew F. Kennelly: This order corrects docket entry [337] which contained a typographical error. At the request of the parties, the Court moves the following deadlines pertaining to the motion to compel [331]: 1. The defendants' deadline to file the response is moved to 4/5/2023; 2. Plaintiffs' deadline to file the reply is moved to 4/12/2023; and the deadline for the joint status report is moved to 4/6/2023. The video hearing set for 4/10/2023 is vacated and reset to 4/20/2023 at 9:30 a.m. The Court will send out the video conference invitation a few days in advance of the hearing.Mailed notice. (mma, )
MINUTE entry before the Honorable Matthew F. Kennelly: MINUTE entry before the Honorable Matthew F. Kennelly: At the request of the parties, the Court moves the following deadlines: 1.Defendants' deadline to file the Opposition Brief is moved to 4/5/2023; 2. Plaintiffs' deadline for the reply Brief is moved to 4/12/2023; and the deadline for the joint status report is moved to 4/6/2023. The video hearing set for 4/10/2023 is vacated and reset to 4/20/2023 at 9:30 a.m. The Court will send out the video conference invitation a few days in advance of the hearing. Mailed notice. (mma, )
MOTION by Attorney Patrick J. Fitzgerald to withdraw as attorney for The Trustees of Columbia University in the City of New York. No party information provided (Fitzgerald, Patrick)
ATTORNEY Appearance for Defendant The Trustees of Columbia University in the City of New York by Patrick Joseph Fitzgerald (Amended) (Fitzgerald, Patrick)
MINUTE entry before the Honorable Matthew F. Kennelly: Response to motion to compel [331] is to be filed by 3/31/2023; reply to response (which may not exceed 10 pages), if any, is to be filed by 4/6/2023. Video hearing, unless deemed unnecessary by the Court, is set for 4/10/2023 at 9:30 AM. Judge Kennelly's courtroom deputy clerk will send out a video invitation a few days before the hearing. The telephonic status hearing set for 4/10/2023 is moved to 9:30 AM on that date and will also be held by video conference. (mk)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to compel PRODUCTION IN RESPONSE TO PENDING REQUESTS FOR THE PRODUCTION OF DOCUMENTS (Attachments: # (1) [Proposed] Order, # (2) Memorandum of Law in Support, # (3) Declaration of Robert D. Gilbert, # (4) Exhibit 1, # (5) Exhibit 2, # (6) Exhibit 3, # (7) Exhibit 4, # (8) Exhibit 5, # (9) Exhibit 6, # (10) Declaration of Richard Cipolla, # (11) Declaration of Steven Magnusson, # (12) Plaintiffs' Statement of Compliance With Local Rule 37.2, # (13) Exhibit 1, # (14) Exhibit 2)(Normand, Edward)
ORDER REGARDING THE USE OF TAR, DISCOVERY OF POST-COMPLAINT MATERIALS, AND THE DESIGNATION OF PRESIDENT AND DEVELOPMENT OFFICE CUSTODIANS, signed by the Honorable Matthew F. Kennelly on 3/8/2023. The Court has entered plaintiffs' proposed order, finding that there is a legitimate need for Paragraph 3.G (contained only in plaintiffs' version), particularly as it relates to any corrected or updated data that defendants' experts rely upon. (mk)
STATUS Report by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Normand, Edward)
ORDER REGARDING THE USE OF TAR, DISCOVERY OF POST-COMPLAINT MATERIALS, AND THE DESIGNATION OF PRESIDENT AND DEVELOPMENT OFFICE CUSTODIANS, signed by the Honorable Matthew F. Kennelly on 3/1/2023. The Court has entered plaintiffs' proposed order. The Court notes that one of the dates in the order has already passed. If needed, the parties are to immediately confer in good faith to adjust that particular date by agreement, and they need not seek a further amendment of the order. (mk)
JOINT NOTICE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams (Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing held on 2/23/2023 regarding various disputed discovery issues. The parties are directed to provide a draft order in Word format embodying the rulings made on the record during today's hearing to Judge Kennelly's proposed order email address by 2/27/2023. Mailed notice. (mma, )
MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing scheduled for February 23, 2023 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID is 23067091279##. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
MINUTE entry before the Honorable Matthew F. Kennelly: Motion for hearing [321] is granted. The case is set for a video hearing on 2/23/2023 at 9:30 AM to address the unresolved matters referenced in the motion. The parties should provide one e-mail address per side to Judge Kennelly's courtroom deputy clerk for her use in sending out the video invitations. Counsel may then distribute the invitations on each side as needed. (mk)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams for hearing (Schwartz, Richard)
MINUTE entry before the Honorable Matthew F. Kennelly: The Court summarizes its rulings from this morning's hearing as follows. For further details the parties should consult the transcript of the proceedings. (1) The Court hereby withdraws its comments during the hearing regarding the dispute over the number and length of depositions. That was the subject of a previous order entered on 1/23/2023 [273]. (2) Plaintiffs' motion for protective order regarding service of subpoenas upon plaintiffs' families [270] is denied regarding service of subpoenas upon family members. The Court has however limited the proper subjects for such subpoenas and has overruled some of the proposed document requests by defendants as more fully described during the hearing. (3) Defendants' motion to compel [275] is granted in part and denied in part as more fully described during the hearing. (4) Certain defendants' motion for protective order [276] is denied for the reasons stated during the hearing. The Court notes however that one or more of the points listed in item (6) below will limit the claimed burden upon the moving defendants. (5) Certain defendants' motion for entry of order regarding HEA statute and production of certain FAFSA information [306] is granted as stated during the hearing. (6) With regard to the joint status report filed on 1/13/2023 [274]: (a) The Court has declined for now to require objecting defendants to designate custodians from their president's and development offices. This is without prejudice to consideration of this issue later based on a more complete record as described during the hearing. (b) The Court limits plaintiffs to 100 production requests. Plaintiffs should promptly advise defendants of their selection. (c) Though not discussed at the hearing the Court overrules the defendants' contention that post-"withdrawal" material is not subject to discovery for defendants who claim to have withdrawn from the alleged conspiracy. The Court agrees with plaintiffs' contentions regarding the relevance of this material and does not find the request(s) for it to be disproportionate. (d) Though not discussed at the hearing The Court reaffirms its earlier statements that admissions scoring data is relevant and discoverable. (6) Defendants' motion for an extension of time for the production of structured data [313] is granted in part; the deadline is extended to 3/6/2023. (7) The parties are directed to file a status report on 2/10/2023 setting out what remaining issues identified in the parties' previous status reports and motions have not yet been ruled upon. This should include a cross reference to the previous submission(s). No further briefing or argument is authorized unless the Court specifically requests it hereafter. (8) The parties are directed to include in a single e-mail to Judge Kennelly's proposed order e-mail address the appropriate version of the HEA/FAFSA order consistent with the Court's rulings and comments as well as any other long-form order they are asking the Court to enter. The Court does not believe however that it is necessary to enter a long-form order that further describes the rulings memorialized in the present entry. The case is set for a further telephonic status hearing on 4/10/2023 at 8:45 AM. A joint status report not to exceed 10 pages (excluding signature blocks) is to be filed on 4/3/2023. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. The telephonic status hearing set for 3/10/2023 is vacated. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
MOTION by Defendant Duke University for extension of time for the Production of Structured Data (Attachments: # (1) Rule 37.2 Certification)(Morsch, James)
MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing scheduled for February 8, 2023 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID is 23124920419##. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
RESPONSE by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to MOTION by Defendant University of Chicago for order (CERTAIN DEFENDANTS' MOTION FOR ENTRY OF ORDER REGARDING THE HEA STATUTE AND PRODUCTION OF CERTAIN FAFSA INFORMATION)[306] (Attachments: # (1) Text of Proposed Order)(Normand, Edward)
CORRECTED Statement of Position on Certain Defendants' Motion for Entry of Order Regarding the HEA Statute and Production of Certain FAFSA Information STATEMENT by Cornell University (Attachments: # (1) Exhibit A)(Armstrong, Norman)
Statement of Position on Certain Defendants' Motion for Entry of Order Regarding the HEA Statute and Production of Certain FAFSA Information STATEMENT by Cornell University (Attachments: # (1) Exhibit A)(Armstrong, Norman)
SECOND AMENDED complaint by Cameron Williams, Alexander Leo-Guerra, Michael Maerlander, Sia Henry, Benjamin Shumate, Brandon Piyevsky, Andrew Corzo, Brittany Tatiana Weaver against Brown University, California Institute of Technology, Cornell University, Duke University, Emory University, Georgetown University, Massachusetts Institute of Technology, Northwestern University, The Johns Hopkins University, The Trustees of Columbia University in the City of New York, The Trustees of the University of Pennsylvania, Trustees of Dartmouth College, University of Chicago, University of Notre Dame du Lac, Vanderbilt University, William Marsh Rice University, Yale University (Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: The minute entry dated 1/4/2023 (dkt. no. 269) contained a typographical error and is corrected to read as follows. Plaintiffs' unopposed motion for leave to file second amended complaint [266] is granted; plaintiffs should now file the second amended complaint as its own docket entry. Defendants are given until 1/25/2023 to answer the second amended complaint. (mk)
MOTION by Defendant University of Chicago for order (CERTAIN DEFENDANTS' MOTION FOR ENTRY OF ORDER REGARDING THE HEA STATUTE AND PRODUCTION OF CERTAIN FAFSA INFORMATION) (Attachments: # (1) Text of Proposed Order, # (2) Exhibit B, # (3) Rule 37.2 Statement)(Rubin, Michael)
MINUTE entry before the Honorable Matthew F. Kennelly: The motion hearing/ruling set for 9:30 AM on 2/8/2023, which will cover all pending contested matters, is advanced to 9:15 AM on 2/8/2023 and will be conducted as a video hearing. Judge Kennelly's courtroom deputy clerk will send out a video notice in advance of the hearing. Counsel are requested to provide to Judge Kennelly's courtroom deputy clerk one e-mail address for all plaintiffs and one for all defendants for use in the video invitation, which the receiving counsel may then circulate as needed. (mk)
REPLY by Brown University, Northwestern University, The Trustees of Columbia University in the City of New York, Trustees of Dartmouth College, University of Notre Dame du Lac, Yale University to MOTION by Defendants Brown University, Northwestern University, The Trustees of Columbia University in the City of New York, Trustees of Dartmouth College, University of Notre Dame du Lac, Yale University for protective order [276] / Reply Memorandum in Support of Motion for Protective Order (Attachments: # (1) Exhibit 8, # (2) Exhibit 9)(Mascherin, Terri)
REPLY by Defendants Brown University, California Institute of Technology, Cornell University, Duke University, Emory University, Georgetown University, Massachusetts Institute of Technology, Northwestern University, The Johns Hopkins University, The Trustees of Columbia University in the City of New York, The Trustees of the University of Pennsylvania, Trustees of Dartmouth College, University of Chicago, University of Notre Dame du Lac, Vanderbilt University, William Marsh Rice University, Yale University to motion to compel, [275] (Suggs, David)
REPLY by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to motion for protective order[270] [Corrected] (Attachments: # (1) Text of Proposed Order)(Normand, Edward)
REPLY by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to motion for protective order[270] (Normand, Edward)
ANSWER to Complaint with Jury Demand Answer to Plaintiffs' Second Amended and Supplemental Class Action Complaint and Demand for Jury Trial by Vanderbilt University (Gidley, John)
ANSWER to Complaint / Dartmouth's Answer to Second Amended and Supplemental Class Action Complaint and Affirmative Defenses by Trustees of Dartmouth College (Mascherin, Terri)
MEMORANDUM by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams in Opposition to motion to compel, [275] (Normand, Edward)
MEMORANDUM by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams in Opposition to motion for protective order,,, [276] (Attachments: # (1) Text of Proposed Order, # (2) Declaration of Robert D. Gilbert, # (3) Exhibit A, # (4) Exhibit B, # (5) Exhibit C, # (6) Exhibit D, # (7) Exhibit E, # (8) Exhibit F)(Normand, Edward)
ANSWER to Complaint with Jury Demand (to Second Amended and Supplemental Class Action Complaint re [266]) by The Johns Hopkins University(Bushofsky, Jeffrey)
ANSWER to Complaint with Jury Demand and Affirmative Defenses to Second Amended and Supplemental Complaint by Massachusetts Institute of Technology (Mahr, Eric)
ANSWER to Complaint [Defendant Yale University's Answer and Affirmative Defenses to Second Amended and Supplemental Class Action Complaint] by Yale University(Rabie, Serena)
ANSWER to Complaint with Jury Demand and Affirmatives Defenses to Plaintiffs' Second Amended and Supplemental Class Action Complaint by The Trustees of Columbia University in the City of New York (Van Gelder, Amy)
ANSWER to Complaint with Jury Demand Answer to Second Amended and Supplemental Class Action Complaint dkt [266] by University of Chicago (Cooper, James)
ANSWER to Complaint with Jury Demand and Affirmative Defenses to Second Amended and Supplemental Complaint by The Trustees of the University of Pennsylvania (Gringer, David)
ANSWER to Complaint with Jury Demand and Affirmative Defenses to Second Amended and Supplemental Complaint by William Marsh Rice University (Armstrong, Norman)
ANSWER to Complaint with Jury Demand and Affirmative Defenses to Second Amended and Supplemental Complaint by University of Notre Dame du Lac (Heins, Matthew)
RESPONSE by Brown University, California Institute of Technology, Cornell University, Duke University, Emory University, Georgetown University, Massachusetts Institute of Technology, Northwestern University, The Johns Hopkins University, The Trustees of Columbia University in the City of New York, The Trustees of the University of Pennsylvania, Trustees of Dartmouth College, University of Chicago, University of Notre Dame du Lac, Vanderbilt University, William Marsh Rice University, Yale Universityin Opposition to MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Brittany Tatiana Weaver, Benjamin Shumate, Cameron Williams for protective order [270] (Attachments: # (1) Exhibit 1)(Suggs, David)
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to set a briefing schedule [277] is granted. Plaintiffs' responses to motion to compel and motion for protective order are to be filed by 1/25/2023; replies are to be filed by 2/1/2023. Telephonic hearing, unless deemed unnecessary by the Court, is set for 2/8/2023 at 9:30 AM. (mk)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams to set a briefing schedule (Normand, Edward)
MOTION by Defendants Brown University, Northwestern University, The Trustees of Columbia University in the City of New York, Trustees of Dartmouth College, University of Notre Dame du Lac, Yale University for protective order (Attachments: # (1) Exhibit 1 - Declaration of Amy L. Van Gelder, # (2) Exhibit 1A, # (3) Exhibit 1B, # (4) Exhibit 1C, # (5) Exhibit 1D, # (6) Exhibit 1E, # (7) Exhibit 1F, # (8) Exhibit 1G, # (9) Exhibit 1H, # (10) Exhibit 2 - Declaration of Jon R. Roellke, # (11) Exhibit 3 - 2nd Declaration of Amy L. Van Gelder, # (12) Exhibit 4 - Declaration of Terri L. Mascherin, # (13) Exhibit 5 - Declaration of Scott D. Stein, # (14) Exhibit 6 - Declaration of Sarah Kirkpatrick, # (15) Exhibit 7 - Declaration of Benjamin F. Holt)(Mascherin, Terri)
MOTION by Defendant Vanderbilt University to compel Discovery from Plaintiffs (Attachments: # (1) Memorandum in Support of Defendants' Motion to Compel, # (2) Declaration of David H. Suggs, # (3) Defendants' Statement of Compliance Under Local Rule 37.2, # (4) Exhibit 1, # (5) Exhibit 2, # (6) Exhibit 3, # (7) Exhibit 4, # (8) Exhibit 5, # (9) Exhibit 6, # (10) Exhibit 7)(Suggs, David)
STATUS Report (Joint Status Report) by The Trustees of Columbia University in the City of New York (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F)(Fitzgerald, Patrick)
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 1/6/2023. The defendants have until 1/20/2023 to respond to the plaintiff's motion for protective order [270]. The plaintiffs have until 1/27/2023 to file a reply. A telephonic ruling on the motion is set for 2/8/2023 at 9:30 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
MEMORANDUM by Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Benjamin Shumate, Brittany Tatiana Weaver, Cameron Williams in support of motion for protective order[270] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Normand, Edward)
MOTION by Plaintiffs Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Brittany Tatiana Weaver, Benjamin Shumate, Cameron Williams for protective order (Normand, Edward)
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' unopposed motion for leave to file second amended complaint [266] is granted; plaintiffs should not file the second amended complaint as its own docket entry. Defendants are given until 1/25/2023 to answer the second amended complaint. (mk)
RESPONSE by Brown University, California Institute of Technology, Cornell University, Duke University, Emory University, Georgetown University, Massachusetts Institute of Technology, Northwestern University, The Johns Hopkins University, The Trustees of Columbia University in the City of New York, The Trustees of the University of Pennsylvania, Trustees of Dartmouth College, University of Chicago, University of Notre Dame du Lac, Vanderbilt University, William Marsh Rice University, Yale University to MOTION by Plaintiffs Frank Carbone, Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Kara Saffrin, Brittany Tatiana Weaver for leave to file Second Amended and Supplemental Complaint[266] (Tabacchi, Tina)
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has previously set this case for a telephonic hearing on 1/6/2023 [265]. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Mailed notice. (mma, )
MOTION by Plaintiffs Frank Carbone, Andrew Corzo, Sia Henry, Alexander Leo-Guerra, Michael Maerlander, Brandon Piyevsky, Kara Saffrin, Brittany Tatiana Weaver for leave to file Second Amended and Supplemental Complaint (Attachments: # (1) Exhibit 1)(Normand, Edward)