NY (Columbia) Forrest v. Trustees of Columbia University in the City of New York et al

CASREF,ECF
RECAP Docket (FREE): https://www.courtlistener.com/docket/68245267/forrest-v-trustees-of-columbia-university-in-the-city-of-new-york/

U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:24-cv-01034-MMG-SN


Forrest v. Trustees of Columbia University in the City of New York et al
Assigned to: Judge Margaret M. Garnett
Referred to: Magistrate Judge Sarah Netburn
Cause: 42:2000d Federally Assisted Programs

Date Filed: 02/12/2024
Jury Demand: Plaintiff
Nature of Suit: 448 Civil Rights: Education
Jurisdiction: Federal Question
Plaintiff
Mackenzie Forrestrepresented byZiporah Reich
The Lawfare Project
633 Third Ave
Ste 21st Floor
New York, NY 10017
212-339-6995
Email: ziporah@thelawfareproject.org
ATTORNEY TO BE NOTICED

Eric R. Levine
Eiseman, Levine, Lehrhaupt & Kakoyiannis, P.C.
805 Third Avenue
10th Floor
New York, NY 10022
(212) 752-1000
Fax: (212)-355-4608
Email: elevine@eisemanlevine.com
ATTORNEY TO BE NOTICED

V.
Defendant
Trustees of Columbia University in the City of New Yorkrepresented byGabrielle Tenzer
Kaplan Hecker & Fink LLP
350 Fifth Avenue
63rd Floor
New York, NY 10118
212-763-0883
Fax: 212-564-0883
Email: gtenzer@kaplanhecker.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Roberta Ann Kaplan
Kaplan Hecker & Fink LLP
350 Fifth Avenue
63rd Floor
10118
New York, NY 10118
212-763-0883
Fax: 212-564-0883
Email: rkaplan@kaplanhecker.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Minouche Shafikrepresented byGabrielle Tenzer
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Roberta Ann Kaplan
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Andre Ivanoffrepresented bySilvia L. Serpe
Serpe LLC
16 Madison Square West
10th Floor
10010
New York, NY 10010
212-257-5010
Fax: 212-981-2870
Email: sserpe@serpellc.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kimberly Lindsay Friedman
Serpe LLC
16 Madison Square West
New York, NY 10010
212-257-5011
Email: kfriedman@serpellc.com
ATTORNEY TO BE NOTICED
Defendant
Elizabeth Creelrepresented byGabrielle Tenzer
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Roberta Ann Kaplan
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Miscellaneous
Students Against Antisemitism, Inc.
et al.
Date Filed#Docket Text
02/12/20241 COMPLAINT against Elizabeth Creel, Andre Ivanoff, Minouche Shafik, Trustees of Columbia University in the City of New York. (Filing Fee $ 405.00, Receipt Number ANYSDC-28938533)Document filed by Mackenzie Forrest. (Attachments: # 1 Civil Cover Sheet Civ. Cov. Sheet for complaint).(Levine, Eric) (Entered: 02/12/2024)
02/13/2024 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Eric R. Levine. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) (Entered: 02/13/2024)
02/13/2024 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) (Entered: 02/13/2024)
02/13/2024 Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) (Entered: 02/13/2024)
02/13/2024 Case Designated ECF. (vf) (Entered: 02/13/2024)
02/14/20242 REQUEST FOR ISSUANCE OF SUMMONS as to Columbia University, re: 1 Complaint,. Document filed by Mackenzie Forrest..(Levine, Eric) (Entered: 02/14/2024)
02/14/20243 REQUEST FOR ISSUANCE OF SUMMONS as to MINOUCHE SHAFIK, re: 1 Complaint,. Document filed by Mackenzie Forrest..(Levine, Eric) (Entered: 02/14/2024)
02/14/20244 REQUEST FOR ISSUANCE OF SUMMONS as to ANDRE IVANOFF, re: 1 Complaint,. Document filed by Mackenzie Forrest..(Levine, Eric) (Entered: 02/14/2024)
02/14/20245 REQUEST FOR ISSUANCE OF SUMMONS as to ELIZABETH CREEL, re: 1 Complaint,. Document filed by Mackenzie Forrest..(Levine, Eric) (Entered: 02/14/2024)
02/15/20246 ELECTRONIC SUMMONS ISSUED as to Trustees of Columbia University in the City of New York. (vf) (Entered: 02/15/2024)
02/15/20247 ELECTRONIC SUMMONS ISSUED as to Minouche Shafik. (vf) (Entered: 02/15/2024)
02/15/20248 ELECTRONIC SUMMONS ISSUED as to Andre Ivanoff. (vf) (Entered: 02/15/2024)
02/15/20249 ELECTRONIC SUMMONS ISSUED as to Elizabeth Creel. (vf) (Entered: 02/15/2024)
02/23/202410 LETTER addressed to Judge J. Paul Oetken from Roberta A. Kaplan dated February 23, 2024 re: related action Students Against Antisemitism, Inc. v. Trustees of Columbia University, 1:24-cv-01306-VSB (S.D.N.Y.). Document filed by Trustees of Columbia University in the City of New York..(Kaplan, Roberta) (Entered: 02/23/2024)
02/26/202411 LETTER addressed to Judge J. Paul Oetken from Marc E. Kasowitz dated February 26, 2024 re: Students Against Antisemitism, Inc., et al. v. Trustees of Columbia University, et al., 1:24-cv-01306-VSB (S.D.N.Y.). Document filed by Students Against Antisemitism, Inc…(Kasowitz, Marc) (Entered: 02/26/2024)
02/26/2024 NOTICE OF CASE REASSIGNMENT to Judge Margaret M. Garnett. Judge J. Paul Oetken is no longer assigned to the case. (vba) (Entered: 02/26/2024)
02/26/202412 LETTER addressed to Judge Margaret M. Garnett from Roberta A. Kaplan dated February 26, 2024 re: reply in further support of 2/23/24 letter re: related action Students Against Antisemitism v. Trustees of Columbia University, et al., 1:24-cv-01306-VSB (S.D.N.Y.). Document filed by Trustees of Columbia University in the City of New York..(Kaplan, Roberta) (Entered: 02/26/2024)
02/28/202413 ORDER: The Court is in receipt of (1) a letter from Defendant The Trustees of Columbia University in the City of New York (“Columbia”), dated February 23, 2024, requesting that the above-captioned case be designated as related to Students Against Antisemitism, Inc. et al. v. The Trustees of Columbia University in the City of New York et al., No. 24-cv-01306 (the “SSA action”), (2) a response letter from the plaintiffs in the SSA action, dated February 26, 2024,opposing that request, and (3) a reply letter from Columbia, dated February 26, 2024, in further support of its request to designate this case as related to the SSA action. Having reviewed the letters, the Court DENIES the request to designate the two cases as related. However, both the above-captioned case and the SSA action will be referred to Magistrate Judge Netburn for general pre-trial supervision. Magistrate Judge Netburn will coordinate all scheduling and management of discovery in both cases. Accordingly, it is hereby ORDERED that this case is referred to Magistrate Judge Netburn for general pre-trial supervision. (Signed by Judge Margaret M. Garnett on 2/28/2024) (rro) Modified on 2/28/2024 (rro). (Entered: 02/28/2024)
02/28/202414 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Margaret M. Garnett on 2/28/2024) (rro) (Entered: 02/28/2024)
03/01/202415 NOTICE OF APPEARANCE by Ziporah Reich on behalf of Mackenzie Forrest..(Reich, Ziporah) (Entered: 03/01/2024)
03/06/202416 WAIVER OF SERVICE RETURNED EXECUTED. Trustees of Columbia University in the City of New York waiver sent on 2/20/2024, answer due 4/22/2024. Document filed by Mackenzie Forrest..(Levine, Eric) (Entered: 03/06/2024)
03/06/202417 WAIVER OF SERVICE RETURNED EXECUTED. Minouche Shafik waiver sent on 2/20/2024, answer due 4/22/2024. Document filed by Mackenzie Forrest..(Levine, Eric) (Entered: 03/06/2024)
03/06/202418 WAIVER OF SERVICE RETURNED EXECUTED. Elizabeth Creel waiver sent on 2/20/2024, answer due 4/22/2024. Document filed by Mackenzie Forrest..(Levine, Eric) (Entered: 03/06/2024)
03/06/202419 NOTICE OF APPEARANCE by Silvia L. Serpe on behalf of Andre Ivanoff..(Serpe, Silvia) (Entered: 03/06/2024)
03/06/202420 WAIVER OF SERVICE RETURNED EXECUTED. Andre Ivanoff waiver sent on 3/5/2024, answer due 5/6/2024. Document filed by Mackenzie Forrest..(Levine, Eric) (Entered: 03/06/2024)
03/08/202421 NOTICE OF APPEARANCE by Kimberly Lindsay Friedman on behalf of Andre Ivanoff..(Friedman, Kimberly) (Entered: 03/08/2024)
04/12/202422 NOTICE OF APPEARANCE by Roberta Ann Kaplan on behalf of Elizabeth Creel, Minouche Shafik, Trustees of Columbia University in the City of New York..(Kaplan, Roberta) (Entered: 04/12/2024)
04/12/202423 NOTICE OF APPEARANCE by Gabrielle Tenzer on behalf of Elizabeth Creel, Minouche Shafik, Trustees of Columbia University in the City of New York..(Tenzer, Gabrielle) (Entered: 04/12/2024)
04/12/202424 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Trustees of Columbia University in the City of New York..(Kaplan, Roberta) (Entered: 04/12/2024)
04/12/202425 LETTER MOTION for Extension of Time to File Answer or Response Pending Mediation with Proposed Briefing Schedule addressed to Magistrate Judge Sarah Netburn from Roberta A. Kaplan dated April 12, 2024. Document filed by Elizabeth Creel, Minouche Shafik, Trustees of Columbia University in the City of New York..(Kaplan, Roberta) (Entered: 04/12/2024)
04/15/202426 ORDER granting 25 Letter Motion for Extension of Time. The Defendants shall file an answer, or otherwise respond to the complaint, by June 27, 2024. Any opposition to a motion to dismiss shall be filed by July 29, 2024. Any reply brief shall be filed by August 16, 2024. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 04/15/2024)
04/29/202427 LETTER addressed to Judge Margaret M. Garnett from Roberta A. Kaplan dated April 29, 2024 re: Related Cases. Document filed by Elizabeth Creel, Minouche Shafik, Trustees of Columbia University in the City of New York. (Attachments: # 1 Exhibit 1 – 2/23/24 Kaplan Letter Re Related Cases, # 2 Exhibit 2 – 2/26/24 Kasowitz Letter Re Relatedness.pdf, # 3 Exhibit 3 – 2/26/24 Kaplan Letter Reply Re Relatedness, # 4 Exhibit 4 – 2/28/24 Garnett Order Denying Request to Designate Cases as Related, # 5 Exhibit 5 – 2/28/24 Broderick Order Denying Request to Designate Cases as Related).(Kaplan, Roberta) (Entered: 04/29/2024)
05/01/202428 LETTER addressed to Judge Margaret M. Garnett from Marc E. Kasowitz dated May 1, 2024 re: letter dated April 29, 2024 by The Trustees of Columbia University in the City of New York. Document filed by Students Against Antisemitism, Inc…(Kasowitz, Marc) (Entered: 05/01/2024)
05/01/202429 ORDER: Having reviewed the letters and the complaints filed in the other cases, the Court again finds that the cases do not meet the District’s standard for relatedness. See R. 13(a)(2)(A), Rules for the Division of Business Among District Judges, Southern District of New York (“Civil cases shall not be deemed related merely because they involve common legal issues or the same parties.”). Accordingly, Columbia’s request is DENIED. SO ORDERED. (Signed by Judge Margaret M. Garnett on 5/1/2024) (mml) (Entered: 05/01/2024)
05/01/202430 MEMO ENDORSEMENT on re: (34 in 1:24-cv-01306-VSB-SN) Letter,, filed by The Trustees of Columbia University in the City of New York, (16 in 1:24-cv-02870-JMF) Letter,, filed by Columbia University, (9 in 1:24-cv-03232-AT-SN) Letter,, filed by The Trustees of Columbia University in the City of New York, (27 in 1:24-cv-01034-MMG-SN) Letter,, filed by Trustees of Columbia University in the City of New York, Minouche Shafik, Elizabeth Creel ENDORSEMENT The request to deem this case related to the others is denied. But the alternative request to have this case re-designated to Magistrate Judge Netburn to facilitate coordination as needed is granted. (That said, the undersigned is not referring this case to the Magistrate Judge for any purpose at this time.) SO ORDERED (Signed by Judge Jesse M. Furman on 5/1/2024) (jca) (Entered: 05/01/2024)
24cv1034-NYSD