United States District Court
District of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:24-cv-10092-RGS
RECAP docket (free): https://www.courtlistener.com/docket/68152041/kestenbaum-v-president-and-fellows-of-harvard-college/
Kestenbaum et al v. President and Fellows of Harvard College Assigned to: Judge Richard G. Stearns Cause: 28:1331 Federal Question: Other Civil Rights | Date Filed: 01/10/2024 Jury Demand: Plaintiff Nature of Suit: 448 Civil Rights: Education Jurisdiction: Federal Question |
| Plaintiff | ||
| Alexander Kestenbaum | represented by | Timothy H. Madden Donnelly, Conroy & Gelhaar, LLP Suite 1600 260 Franklin Street Boston, MA 02110 617-720-2880 Fax: 617-720-3554 Email: thm@dcglaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew Charles Bernstein Kasowitz, Benson & Torres LLP 1633 Broadway New York, NY 10019 212-506-1973 Email: abernstein@kasowitz.com ATTORNEY TO BE NOTICED Andrew L Schwartz Kasowitz, Benson & Torres LLP 1633 Broadway New York, NY 10019 212-506-1762 Email: aschwartz@kasowitz.com ATTORNEY TO BE NOTICED Daniel Benson Kasowitz, Benson & Torres LLP 1633 Broadway New York, NY 10019 212-506-1720 Email: dbenson@kasowitz.com ATTORNEY TO BE NOTICED Joshua E. Roberts Kasowitz, Benson & Torres LLP 1633 Broadway New York, NY 10019 212-506-1929 Email: jroberts@kasowitz.com ATTORNEY TO BE NOTICED Marc E. Kasowitz Kasowitz, Benson, Torres & Friedman LLP 1633 Broadway New York, NY 10019 212-506-1710 Email: mkasowitz@kasowitz.com ATTORNEY TO BE NOTICED Mark Ressler Kasowitz, Benson & Torres LLP 1633 Broadway New York, NY 10019 212-506-1752 Email: mressler@kasowitz.com ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Students Against Antisemitism, Inc. | represented by | Timothy H. Madden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew Charles Bernstein (See above for address) ATTORNEY TO BE NOTICED Andrew L Schwartz (See above for address) ATTORNEY TO BE NOTICED Daniel Benson (See above for address) ATTORNEY TO BE NOTICED Joshua E. Roberts (See above for address) ATTORNEY TO BE NOTICED Marc E. Kasowitz (See above for address) ATTORNEY TO BE NOTICED Mark Ressler (See above for address) ATTORNEY TO BE NOTICED |
V. | ||
| Defendant | ||
| President and Fellows of Harvard College | represented by | Bruce M. Berman Wilmer, Cutler & Pickering Hale and Dorr LLP 2445 M Street, N.W. Washington, DC 20037-1420 202-663-6000 Email: Bruce.Berman@wilmerhale.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Felicia H. Ellsworth Wilmer Cutler Pickering Hale and Dorr LLP (Bos) 60 State Street Boston, MA 02109 617-526-6000 Fax: 617-526-5000 Email: felicia.ellsworth@wilmerhale.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Gina Merill King & Spalding LLP 1185 Avenue of the Americas 34th Floor New York, NY 10036 (212) 790-5367 Email: gmerrill@kslaw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Jeremy W. Brinster Wilmer Cutler Pickering Hale and Dorr LLP 2100 Pennsylvania Ave NW Washington, DC 20037 (202) 663-6000 Email: Jeremy.Brinster@wilmerhale.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Mark A. Kirsch King & Spalding LLP 1185 Avenue of the Americas New York, NY 10036 212-790-5329 Fax: 212-556-2222 Email: mkirsch@kslaw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Seth P. Waxman Wilmer Cutler Pickering Hale and Dorr LLP 2100 Pennsylvania Avenue, N.W. Washington, DC 20037 202-663-6800 Fax: 202-663-6363 Email: seth.waxman@wilmerhale.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Zachary Thomas Fardon King & Spalding LLP 110 North Wacker Drive Ste 3800 Chicago, IL 60606 312-764-6960 Fax: 312-995-6330 Email: zfardon@kslaw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Zoe Michal Beiner King & Spalding LLP 1700 Pennsylvania Ave NW Suite 900 Washington, DC 20006 202-737-0500 Fax: 202-626-3737 Email: zbeiner@kslaw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Gina Merrill King & Spalding LLP 1185 Avenue of the Americas New York, NY 10036 212-790-5367 Fax: 212-556-2222 Email: gmerrill@kslaw.com ATTORNEY TO BE NOTICED |
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| Date Filed | # | Docket Text |
|---|---|---|
| 01/10/2024 | 1 | COMPLAINT against President and Fellows of Harvard College Filing fee: $ 405, receipt number AMADC-10214255 (Fee Status: Filing Fee paid), filed by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Attachments: # 1 Civil Action Cover Sheet, # 2 Category Form)(Madden, Timothy) (Entered: 01/10/2024) |
| 01/10/2024 | 2 | CORPORATE DISCLOSURE STATEMENT by Students Against Antisemitism, Inc.. (Madden, Timothy) (Entered: 01/10/2024) |
| 01/11/2024 | 3 | ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Phillips, Sophie) (Entered: 01/11/2024) |
| 01/11/2024 | 4 | Summons Issued as to President and Fellows of Harvard College. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Cook, Savannah) (Entered: 01/11/2024) |
| 01/15/2024 | 5 | MOTION for Leave to Appear Pro Hac Vice for admission of Marc E. Kasowitz, Daniel R. Benson, Mark P. Ressler, Andrew L. Schwartz, Joshua E. Roberts, Andrew C. Bernstein Filing fee: $ 750, receipt number AMADC-10218908 by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Attachments: # 1 Exhibit Kasowitz Certification, # 2 Exhibit Benson Certification, # 3 Exhibit Ressler Certification, # 4 Exhibit Schwartz Certification, # 5 Exhibit Roberts Certification, # 6 Exhibit Bernstein Certification)(Madden, Timothy) (Entered: 01/15/2024) |
| 01/16/2024 | 6 | Judge Indira Talwani: ELECTRONIC ORDER allowing 5 Motion for Leave to Appear Pro Hac Vice Added Marc E. Kasowitz, Daniel R. Benson, Mark P. Ressler, Andrew L. Schwartz, Joshua E. Roberts, Andrew C. Bernstein.Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney.(Kelly, Danielle) (Entered: 01/16/2024) |
| 01/17/2024 | 7 | NOTICE of Appearance by Marc E. Kasowitz on behalf of Alexander Kestenbaum, Students Against Antisemitism, Inc. (Kasowitz, Marc) (Entered: 01/17/2024) |
| 01/17/2024 | 8 | NOTICE of Appearance by Daniel Benson on behalf of Alexander Kestenbaum, Students Against Antisemitism, Inc. (Benson, Daniel) (Entered: 01/17/2024) |
| 01/17/2024 | 9 | NOTICE of Appearance by Mark Ressler on behalf of Alexander Kestenbaum, Students Against Antisemitism, Inc. (Ressler, Mark) (Entered: 01/17/2024) |
| 01/17/2024 | 10 | NOTICE of Appearance by Joshua E. Roberts on behalf of Alexander Kestenbaum, Students Against Antisemitism, Inc. (Roberts, Joshua) (Entered: 01/17/2024) |
| 01/17/2024 | 11 | NOTICE of Appearance by Andrew Charles Bernstein on behalf of Alexander Kestenbaum, Students Against Antisemitism, Inc. (Bernstein, Andrew) (Entered: 01/17/2024) |
| 01/18/2024 | 12 | WAIVER OF SERVICE Returned Executed by Alexander Kestenbaum, Students Against Antisemitism, Inc.. President and Fellows of Harvard College waiver sent on 1/15/2024, answer due 3/15/2024. (Madden, Timothy) (Entered: 01/18/2024) |
| 01/18/2024 | 13 | NOTICE of Appearance by Andrew L Schwartz on behalf of Alexander Kestenbaum, Students Against Antisemitism, Inc. (Schwartz, Andrew) (Entered: 01/18/2024) |
| 02/28/2024 | 14 | Judge Indira Talwani: ORDER entered. ORDER OF RECUSAL.(MacDonald, Gail) (Entered: 02/28/2024) |
| 02/28/2024 | 15 | NOTICE of Reassignment. Judge Richard G. Stearns added. Judge Indira Talwani no longer assigned to case. (Kinsella, Jaylannie) (Entered: 02/28/2024) |
| 03/13/2024 | 16 | NOTICE of Appearance by Felicia H. Ellsworth on behalf of President and Fellows of Harvard College (Ellsworth, Felicia) (Entered: 03/13/2024) |
| 03/13/2024 | 17 | MOTION for Leave to Appear Pro Hac Vice for admission of Bruce M. Berman Filing fee: $ 125, receipt number AMADC-10316022 by President and Fellows of Harvard College. (Attachments: # 1 Certification of Bruce M. Berman in Support)(Ellsworth, Felicia) (Entered: 03/13/2024) |
| 03/13/2024 | 18 | MOTION for Leave to Appear Pro Hac Vice for admission of Seth P. Waxman Filing fee: $ 125, receipt number AMADC-10316052 by President and Fellows of Harvard College. (Attachments: # 1 Certification of Seth P. Waxman in Support)(Ellsworth, Felicia) (Entered: 03/13/2024) |
| 03/13/2024 | 19 | MOTION for Leave to Appear Pro Hac Vice for admission of Jeremy W. Brinster Filing fee: $ 125, receipt number AMADC-10316058 by President and Fellows of Harvard College. (Attachments: # 1 Certification of Jeremy W. Brinster in Support)(Ellsworth, Felicia) (Entered: 03/13/2024) |
| 03/14/2024 | 20 | MOTION for Leave to Appear Pro Hac Vice for admission of Mark A. Kirsch Filing fee: $ 125, receipt number AMADC-10317579 by President and Fellows of Harvard College. (Attachments: # 1 Certification of Mark A. Kirsch in Support)(Ellsworth, Felicia) (Entered: 03/14/2024) |
| 03/14/2024 | 21 | MOTION for Leave to Appear Pro Hac Vice for admission of Gina Merrill Filing fee: $ 125, receipt number AMADC-10317596 by President and Fellows of Harvard College. (Attachments: # 1 Certification of Gina Merrill in Support)(Ellsworth, Felicia) (Entered: 03/14/2024) |
| 03/14/2024 | 22 | MOTION for Leave to Appear Pro Hac Vice for admission of Zachary Fardon Filing fee: $ 125, receipt number AMADC-10317606 by President and Fellows of Harvard College. (Attachments: # 1 Certification of Zachary Fardon)(Ellsworth, Felicia) (Entered: 03/14/2024) |
| 03/14/2024 | 23 | MOTION for Leave to Appear Pro Hac Vice for admission of Zoe M. Beiner Filing fee: $ 125, receipt number AMADC-10317621 by President and Fellows of Harvard College. (Attachments: # 1 Certification of Zoe M. Beiner in Support)(Ellsworth, Felicia) (Entered: 03/14/2024) |
| 03/14/2024 | 24 | Joint MOTION for Order Scheduling Order by Alexander Kestenbaum, Students Against Antisemitism, Inc..(Madden, Timothy) Modified on 3/15/2024 to terminate motion. (Pacho, Arnold). (Entered: 03/14/2024) |
| 03/15/2024 | 25 | Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part 24 Motion for Order. While the court is willing to set a schedule for the filing of an Amended Complaint and defendant’s response, not at the pace suggested by the parties. Plaintiffs must file their Amended Complaint no later than Friday, March 29, 2024. Defendant’s response is due by April 12, 2024. Any opposition to a motion to dismiss must be filed by April 26, 2024. The court will entertain the filing of a Reply on a showing that the Opposition raised issues that defendant was unable to anticipate. (Zierk, Marsha) Modified on 3/15/2024. Notice regenerated to counsel. (Pacho, Arnold). (Entered: 03/15/2024) |
| 03/15/2024 | 26 | Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 17 , 18 , 19 , 20 , 21 , 22 , and 23 Motions for Leave to Appear Pro Hac Vice of Bruce M. Berman, Seth P. Waxman, Jeremy W. Brinster, Mark A. Kirsch, Gina Merrill, Zachary Fardon, and Zoe M. Beiner.Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney.(Pacho, Arnold) (Entered: 03/15/2024) |
| 03/20/2024 | 27 | NOTICE of Appearance by Zoe Michal Beiner on behalf of President and Fellows of Harvard College (Beiner, Zoe) (Entered: 03/20/2024) |
| 03/20/2024 | 28 | NOTICE of Appearance by Mark A. Kirsch on behalf of President and Fellows of Harvard College (Kirsch, Mark) (Entered: 03/20/2024) |
| 03/20/2024 | 29 | NOTICE of Appearance by Gina Merrill on behalf of President and Fellows of Harvard College (Merrill, Gina) (Entered: 03/20/2024) |
| 03/20/2024 | 30 | NOTICE of Appearance by Zachary Thomas Fardon on behalf of President and Fellows of Harvard College (Fardon, Zachary) (Entered: 03/20/2024) |
| 03/21/2024 | 31 | CORPORATE DISCLOSURE STATEMENT by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 03/21/2024) |
| 03/29/2024 | 32 | AMENDED COMPLAINT against President and Fellows of Harvard College, filed by Alexander Kestenbaum, Students Against Antisemitism, Inc..(Kasowitz, Marc) (Entered: 03/29/2024) |
| 04/03/2024 | 33 | Assented to MOTION for Leave to File Excess Pages for Combined Motion to Dismiss and Motion to Strike by President and Fellows of Harvard College. (Attachments: # 1 Text of Proposed Order)(Ellsworth, Felicia) (Entered: 04/03/2024) |
| 04/04/2024 | 34 | Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part 33 Motion for Leave to File Excess Pages. Harvard may file a combined memorandum of no more than thirty (30) pages. (RGS, law3) (Entered: 04/04/2024) |
| 04/12/2024 | 35 | MOTION to Dismiss and Motion to Strike by President and Fellows of Harvard College.(Ellsworth, Felicia) (Entered: 04/12/2024) |
| 04/12/2024 | 36 | MEMORANDUM in Support re 35 MOTION to Dismiss and Motion to Strike filed by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 04/12/2024) |
| 04/12/2024 | 37 | DECLARATION re 35 MOTION to Dismiss and Motion to Strike of Felicia Ellsworth in Support by President and Fellows of Harvard College. (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)(Ellsworth, Felicia) (Attachment 4 and attachment 6 replaced on 4/15/2024 – blank pages removed) (Cook, Savannah). (Entered: 04/12/2024) |
| 04/12/2024 | 38 | DECLARATION re 35 MOTION to Dismiss and Motion to Strike of Meredith Weenick in Support by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 04/12/2024) |
| 04/12/2024 | 39 | DECLARATION re 35 MOTION to Dismiss and Motion to Strike of Timothy Whelsky in Support by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 04/12/2024) |
| 04/15/2024 | 40 | Assented to MOTION for Leave to File Excess Pages / Modify Page Limit For Plaintiffs’ Opposition To Defendant’s Combined Motion To Dismiss And Motion To Strike by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Attachments: # 1 Proposed Order)(Kasowitz, Marc) (Entered: 04/15/2024) |
| 04/15/2024 | 41 | Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 40 Motion for Leave to File Excess Pages. Plaintiffs may file a memorandum of no more than 30 pages in support of their opposition to the pending motion to dismiss. (RGS, law3) (Entered: 04/15/2024) |
| 04/26/2024 | 42 | Assented to MOTION to Seal Document by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Attachments: # 1 Redacted Declaration, # 2 Text of Proposed Order)(Kasowitz, Marc) (Entered: 04/26/2024) |
| 04/26/2024 | 43 | MEMORANDUM in Opposition re 35 MOTION to Dismiss and Motion to Strike filed by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Kasowitz, Marc) (Entered: 04/26/2024) |
| 04/26/2024 | 44 | DECLARATION re 35 MOTION to Dismiss and Motion to Strike FILED UNDER SEAL by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Kasowitz, Marc) (Entered: 04/26/2024) |
| 04/29/2024 | 45 | MOTION for Leave to File a Reply Memorandum in Support of Combined Motion to Dismiss and Motion to Strike by President and Fellows of Harvard College.(Ellsworth, Felicia) (Entered: 04/29/2024) |
| 04/29/2024 | 46 | Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 42 Motion to Seal Document. Attached to plaintiffs’ Opposition to Harvard’s Motion to Dismiss is a declaration from a Harvard Law School student, identified with the pseudonym “SAA Member # 1.” Plaintiffs move to redact SAA Member # 1’s name from the public version of his declaration to “safeguard SAA members’ associational privilege” and “protect SAA Member # 1’s privacy interests, including his interest in being free from harassment, discrimination, and retaliation.” Dkt. # 42 at 2. Because this request fits neatly into at least one of the paradigms identified by the First Circuit of “exceptional cases in which… anonymity ordinarily will be warranted,” the court will allow the motion. See Doe v. Mass. Inst. of Tech. (Doe v. MIT), 46 F.4th 61, 71 (1st Cir. 2022). There is a “strong presumption against the use of pseudonyms in civil litigation.” Does 1-3 v. Mills, 39 F.4th 20, 25 (1st Cir. 2022). But, in “exceptional cases,” an individual may proceed pseudonymously. Doe v. MIT, 46 F.4th at 70, quoting Doe v. Megless, 654 F.3d 404, 408 (3d Cir. 2011). The First Circuit has identified four paradigm cases in which pseudonymity may be warranted: cases in which (1) the “would-be Doe reasonably fears that coming out of the shadows will cause him unusually severe harm”; (2) identifying the individual would “harm ‘innocent parties'”; (3) “anonymity is necessary to forestall a chilling effect on future litigants who may be similarly situated”; and (4) the individual’s identity is “bound up with a prior proceeding made confidential by law.” Id. at 71-72, quoting Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185, 190 (2d Cir. 2008). “[P]rivacy rights of… third parties are among those interests which, in appropriate cases, can limit the presumptive right of access to judicial records.” F.T.C. v. Standard Fin. Mgm’t Corp., 830 F.3d 404, 411 (1st Cir. 1987), quoting In re Knoxville News-Sentinel Co., 723 F.3d 470, 478 (6th Cir. 1983); see also Doe v. MIT, 46 F.4th at 71 (nonparties have “stronger case[s] for anonymity” than parties). And plaintiffs argue that if his identity is made public, SAA Member # 1 may face discrimination, harassment, and retaliation. Harvard does not contest the reasonableness of this fear. Thus, to protect the privacy interests of non-party SAA Member # 1, plaintiffs may redact his name from the public version of his declaration. Plaintiffs’ motion is ALLOWED. Plaintiffs will file the redacted version of SAA Member # 1’s declaration on the public docket by close of business on April 30, 2024. (RGS, law4) (Entered: 04/29/2024) |
| 04/29/2024 | 47 | Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 45 Motion for Leave to File Document. Harvard may file a 15-page reply brief by May 6, 2024. Counsel must include “Leave to file granted on April 29, 2024” in the caption of the document. (RGS, law4) (Entered: 04/29/2024) |
| 04/29/2024 | 48 | DECLARATION re 35 MOTION to Dismiss and Motion to Strike (REDACTED) by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Kasowitz, Marc) (Additional attachment(s) added on 4/29/2024: # 1 Unredacted Declaration – SEALED) (McManus, Caetlin). (Entered: 04/29/2024) |
24cv10092_32-MAD 24cv10092_1-MAD