Case: Kestenbaum v. President and Fellows of Harvard College

Alexander Kestenbaum v. President and Fellows of Harvard College

Alexander Kestenbaum v. President and Fellows of Harvard College

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)

1 Civil Action Cover Sheet

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2 Category Form

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CORPORATE DISCLOSURE STATEMENT by Students Against Antisemitism, Inc.. (Madden, Timothy) (Entered: 01/10/2024)

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)

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)

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)

1 Exhibit Kasowitz Certification

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2 Exhibit Benson Certification

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3 Exhibit Ressler Certification

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4 Exhibit Schwartz Certification

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5 Exhibit Roberts Certification

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6 Exhibit Bernstein Certification

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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)

NOTICE of Appearance by Marc E. Kasowitz on behalf of Alexander Kestenbaum, Students Against Antisemitism, Inc. (Kasowitz, Marc) (Entered: 01/17/2024)

NOTICE of Appearance by Daniel Benson on behalf of Alexander Kestenbaum, Students Against Antisemitism, Inc. (Benson, Daniel) (Entered: 01/17/2024)

NOTICE of Appearance by Mark Ressler on behalf of Alexander Kestenbaum, Students Against Antisemitism, Inc. (Ressler, Mark) (Entered: 01/17/2024)

NOTICE of Appearance by Joshua E. Roberts on behalf of Alexander Kestenbaum, Students Against Antisemitism, Inc. (Roberts, Joshua) (Entered: 01/17/2024)

NOTICE of Appearance by Andrew Charles Bernstein on behalf of Alexander Kestenbaum, Students Against Antisemitism, Inc. (Bernstein, Andrew) (Entered: 01/17/2024)

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)

NOTICE of Appearance by Andrew L Schwartz on behalf of Alexander Kestenbaum, Students Against Antisemitism, Inc. (Schwartz, Andrew) (Entered: 01/18/2024)

Judge Indira Talwani: ORDER entered. ORDER OF RECUSAL.(MacDonald, Gail) (Entered: 02/28/2024)

NOTICE of Reassignment. Judge Richard G. Stearns added. Judge Indira Talwani no longer assigned to case. (Kinsella, Jaylannie) (Entered: 02/28/2024)

NOTICE of Appearance by Felicia H. Ellsworth on behalf of President and Fellows of Harvard College (Ellsworth, Felicia) (Entered: 03/13/2024)

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)

1 Certification of Bruce M. Berman in Support

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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)

1 Certification of Seth P. Waxman in Support

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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)

1 Certification of Jeremy W. Brinster in Support

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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)

1 Certification of Mark A. Kirsch in Support

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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)

1 Certification of Gina Merrill in Support

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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)

1 Certification of Zachary Fardon

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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)

1 Certification of Zoe M. Beiner in Support

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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)

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)

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)

NOTICE of Appearance by Zoe Michal Beiner on behalf of President and Fellows of Harvard College (Beiner, Zoe) (Entered: 03/20/2024)

NOTICE of Appearance by Mark A. Kirsch on behalf of President and Fellows of Harvard College (Kirsch, Mark) (Entered: 03/20/2024)

NOTICE of Appearance by Gina Merrill on behalf of President and Fellows of Harvard College (Merrill, Gina) (Entered: 03/20/2024)

NOTICE of Appearance by Zachary Thomas Fardon on behalf of President and Fellows of Harvard College (Fardon, Zachary) (Entered: 03/20/2024)

CORPORATE DISCLOSURE STATEMENT by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 03/21/2024)

AMENDED COMPLAINT against President and Fellows of Harvard College, filed by Alexander Kestenbaum, Students Against Antisemitism, Inc..(Kasowitz, Marc) (Entered: 03/29/2024)

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)

1 Text of Proposed Order

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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)

MOTION to Dismiss and Motion to Strike by President and Fellows of Harvard College.(Ellsworth, Felicia) (Entered: 04/12/2024)

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)

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)

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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)

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)

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)

1 Proposed Order

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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)

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)

1 Redacted Declaration

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2 Text of Proposed Order

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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)

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)

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)

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)

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)

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)

ELECTRONIC NOTICE Setting Hearing on Motion 35 MOTION to Dismiss and Motion to Strike : Motion Hearing set for 5/30/2024 02:00 PM in Courtroom 21 (In person only) before Judge Richard G. Stearns. (Maynard, Timothy) (Entered: 05/02/2024)

REPLY to Response to 35 MOTION to Dismiss and Motion to Strike filed by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 05/06/2024)

DECLARATION re 50 Reply to Response to Motion of Felicia H. 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)(Ellsworth, Felicia) (Entered: 05/06/2024)

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MOTION for Leave to File Amicus Brief filed by Joshua Lapin. (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order, # 3 Text of Proposed Order)(McManus, Caetlin) (Entered: 05/09/2024)

1 Proposed Amicus Brief

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Brief in Support re 52 MOTION for Leave to File Amicus Brief. (McManus, Caetlin) (Entered: 05/09/2024)

MOTION to Amend 32 Amended Complaint, MOTION to Continue Oral Argument ( Responses due by 6/5/2024) by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Attachments: # 1 Exhibit 1: Proposed Second Amended Complaint, # 2 Text of Proposed Order)(Kasowitz, Marc) (Entered: 05/22/2024)

1 Exhibit 1: Proposed Second Amended Complaint

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RESPONSE to Motion re 54 MOTION to Amend 32 Amended Complaint MOTION to Continue Oral Argument filed by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 05/22/2024)

NOTICE of Appearance by Dustin F Hecker on behalf of Foundation for Individual Rights and Expression (Hecker, Dustin) (Entered: 05/23/2024)

CORPORATE DISCLOSURE STATEMENT by Foundation for Individual Rights and Expression. (Hecker, Dustin) (Entered: 05/23/2024)

MOTION for Leave to File Amicus Brief by Foundation for Individual Rights and Expression. (Attachments: # 1 Exhibit [Proposed] Amicus Brief)(Hecker, Dustin) (Entered: 05/23/2024)

1 Exhibit [Proposed] Amicus Brief

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CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 58 MOTION for Leave to File Amicus Brief by Dustin F Hecker on behalf of Foundation for Individual Rights and Expression. (Hecker, Dustin) (Entered: 05/23/2024)

Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot 35 Motion to Dismiss; granting 54 Motion to Amend; granting 54 Motion to Continue. Plaintiffs will file the Second Amended Complaint as a separate docket entry by close of business tomorrow, May 28, 2024. Harvard's motion to dismiss will be due June 18, 2024, and plaintiffs' opposition will be due July 2, 2024. Reply only with leave of court. As the parties have already briefed the legal issues, the court does not anticipate permitting extensions to this schedule. The clerk will reschedule the hearing for a date after briefing is complete. And as plaintiffs are filing a Second Amended Complaint, Harvard's pending joint motion to dismiss and strike is moot. (RGS, law4) (Entered: 05/27/2024)

ELECTRONIC NOTICE Resetting Hearing on 35 MOTION to Dismiss and Motion to Strike by President and Fellows of Harvard College: Motion Hearing reset for 7/9/2024 10:00 AM in Courtroom 21 (In person only) before Judge Richard G. Stearns. (Maynard, Timothy) (Entered: 05/28/2024)

Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 52 Motion for Leave to File Document; denying 58 Motion for Leave to File Document. Because there is a new operative complaint in this case, the motions for leave to file amicus briefs are DENIED WITHOUT PREJUDICE to refile after the parties have briefed any motion to dismiss the Second Amended Complaint. (RGS, law4) (Entered: 05/28/2024)

AMENDED COMPLAINT (Second) against President and Fellows of Harvard College, filed by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Attachments: # 1 Exhibit A - May 2024 HJAA Report, # 2 Exhibit B - May 15, 2024 House Committee Investigative Update)(Kasowitz, Marc) (Entered: 05/28/2024)

1 Exhibit A - May 2024 HJAA Report

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2 Exhibit B - May 15, 2024 House Committee Investigative Update

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Assented to MOTION to Continue Oral Argument by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Attachments: # 1 Text of Proposed Order)(Kasowitz, Marc) (Entered: 06/04/2024)

1 Text of Proposed Order

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ELECTRONIC NOTICE Resetting Hearing on Motion Motion Hearing on 35 MOTION to Dismiss and Motion to Strike by President and Fellows of Harvard College set for 7/24/2024 10:00 AM in Courtroom 21 (In person only) before Judge Richard G. Stearns. (Maynard, Timothy) (Entered: 06/05/2024)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 64 Motion to Continue. See Dkt. # 65. (RGS, law4) (Entered: 06/05/2024)

Assented to MOTION to Consolidate Cases by President and Fellows of Harvard College.(Ellsworth, Felicia) (Entered: 06/10/2024)

Amended MOTION to Consolidate Cases by President and Fellows of Harvard College.(Ellsworth, Felicia) (Entered: 06/11/2024)

Judge Richard G. Stearns: ELECTRONIC ORDER entered terminating as moot 67 Motion to Consolidate Cases in light of Amended Motion 68 . (McManus, Caetlin) (Entered: 06/11/2024)

Judge Richard G. Stearns: ELECTRONIC ORDER entered reserving ruling on 68 Motion to Consolidate Cases. The court will reserve ruling on Harvard's motion to consolidate this case with The Louis D. Brandeis Center for Human Rights Under Law v. President and Fellows of Harvard College, No. 1:24-cv-11354-RGS, until the court rules on Harvard's motion to dismiss in this case. Depending on what, if anything, remains of this case after that ruling, the court would be inclined to entertain the motion to consolidate for at least discovery purposes. The filing deadlines for the motion to dismiss briefing and the hearing on the motion (Dkt. ## 60, 65) are unchanged, and the court does not anticipate granting any extensions. (RGS, law4) (Entered: 06/12/2024)

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.(Ellsworth, Felicia) (Entered: 06/12/2024)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 71 Motion for Leave to File Excess Pages. Harvard may file a combined motion to dismiss and motion to strike of no more than 30 pages. (RGS, law4) (Entered: 06/12/2024)

MOTION to Dismiss and Motion to Strike Amended Complaint by President and Fellows of Harvard College.(Ellsworth, Felicia) (Entered: 06/18/2024)

MEMORANDUM in Support re 73 MOTION to Dismiss and Motion to Strike Amended Complaint filed by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 06/18/2024)

DECLARATION re 73 MOTION to Dismiss and Motion to Strike Amended Complaint 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, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Ellsworth, Felicia) (Entered: 06/18/2024)

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DECLARATION re 73 MOTION to Dismiss and Motion to Strike Amended Complaint of Timothy Whelsky in Support by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 06/18/2024)

DECLARATION re 73 MOTION to Dismiss and Motion to Strike Amended Complaint of Meredith Weenick in Support by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 06/18/2024)

Assented to MOTION for Leave to File Excess Pages 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: 06/20/2024)

1 Proposed Order

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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 78 Motion for Leave to File Excess Pages. Plaintiffs may file an opposition to Harvard's motion to dismiss of no more than 30 pages. (RGS, law4) (Entered: 06/20/2024)

MEMORANDUM in Opposition re 73 MOTION to Dismiss and Motion to Strike Amended Complaint filed by Alexander Kestenbaum, Students Against Antisemitism, Inc.. (Kasowitz, Marc) (Entered: 07/02/2024)

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: 07/03/2024)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 81 Motion for Leave to File Reply. Harvard may file a fifteen-page reply by July 10, 2024. (RGS, law4) (Entered: 07/08/2024)

REPLY to Response to 73 MOTION to Dismiss and Motion to Strike Amended Complaint filed by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 07/10/2024)

DECLARATION re 83 Reply to Response to Motion 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, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Ellsworth, Felicia) (Entered: 07/10/2024)

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Second MOTION for Leave to File Amicus Brief by Foundation for Individual Rights and Expression. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Affidavit LR 7.1(a)(2) Certificate)(Hecker, Dustin) (Entered: 07/11/2024)

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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 85 Motion for Leave to File Document; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on July 16, 2024 - in the caption of the document. To avoid any doubt, FIRE is not granted any time to argue at the July 24 hearing on Harvard's motion to dismiss. (RGS, law4) (Entered: 07/16/2024)

AMICUS BRIEF filed by Foundation for Individual Rights and Expression . (Hecker, Dustin) (Entered: 07/16/2024)

Renewed MOTION for Leave to File an Amicus Brief of Joshua Lapin. (Attachments: # 1 Text of Proposed Order)(McManus, Caetlin) (Entered: 07/24/2024)

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Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns: Motion Hearing held on 7/24/2024 re 73 MOTION to Dismiss and Motion to Strike Amended Complaint filed by President and Fellows of Harvard College. The court hears argument from the parties; The court takes the matter under advisement. (Court Reporter: Catherine Zelinski at CAL.Zelinski.Steno@gmail.com.)(Attorneys present: Kasowitz, Benson, Ressler, Madden, Ellsworth, Berman, Waxman) (Maynard, Timothy) (Entered: 07/24/2024)

Transcript of Motion Hearing held on July 24, 2024, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Catherine Zelinski at CAL.Zelinski.Steno@gmail.com. Redaction Request due 8/16/2024. Redacted Transcript Deadline set for 8/26/2024. Release of Transcript Restriction set for 10/24/2024. (Cook, Savannah) (Entered: 07/29/2024)

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (Cook, Savannah) (Entered: 07/29/2024)

Notice of Filing of Official Transcript

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 88 Motion for Leave to File Document; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on July 30, 2024 - in the caption of the document. (RGS, law4) (Entered: 07/30/2024)

AMICUS BRIEF filed by Joshua A Lapin. (McManus, Caetlin) (Entered: 08/06/2024)

Judge Richard G. Stearns: ORDER entered granting in part and denying in part 73 Motion to Dismiss. Harvard's motion to dismiss is ALLOWED in part and DENIED in part, and its motion to strike is DENIED. Count I of the First Amended Complaint is hereby dismissed to the extent it alleges direct discrimination against plaintiffs. The Clerk will enter a provisional scheduling order establishing deadlines for discovery on the surviving claims. (RGS, law4) (Entered: 08/06/2024)

Judge Richard G. Stearns: ELECTRONIC ORDER entered - An Answer to the Second Amended Complaint is due in this case by August 27, 2024. Accordingly, the court enters the following pretrial schedule. Initial disclosures required by Fed. R. Civ. P. 26(a)(1) must be completed by 9/27/24. All amendments to the pleadings and/or joinder of additional parties shall be completed by 11/22/24. The court will permit 30 interrogatories, 30 requests for admissions and 30 document requests without leave of court and expects those requests to be filed with the opposing counsel within 30 days of the initial disclosures (no later than 10/28/24). If the parties would like to participate in the courts mediation program, they must notify our docket clerk Caetlin McManus (617-748-9041) by 4/10/25 (it may take several weeks to get a mediation date). All fact discovery must be completed no later than 4/24/25. Dispositive motions (if any) are due no later than 5/19/25, with Oppositions due no later than 6/9/25; a Reply may be filed only with leave of court. If a party intends to utilize an expert, they must file a notice on the docket no later than 4/14/25, in order for the court to consider whether an expert is appropriate (party must offer basic Fed. R. Evid. 702 and 703 information) and, if so, to alter the existing schedule. (Zierk, Marsha) (Entered: 08/06/2024)

Assented to MOTION for Extension of Time to September 4, 2024 to File Answer re 63 Amended Complaint, by President and Fellows of Harvard College.(Ellsworth, Felicia) (Entered: 08/20/2024)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 96 Motion for Extension of Time to Answer re 63 Amended Complaint. Harvard's answer is due 9/4/2024. (RGS, law4) (Entered: 08/20/2024)

ANSWER to 63 Amended Complaint, by President and Fellows of Harvard College.(Ellsworth, Felicia) (Entered: 09/04/2024)

JOINT SUBMISSION pursuant to Local Rule 16.1 by Alexander Kestenbaum, Students Against Antisemitism, Inc..(Kasowitz, Marc) (Entered: 09/05/2024)