Case: Jane Doe v. Hunter College

1:04-cv-06740 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 20, 2004

Closed Date: Aug. 22, 2006

Clearinghouse coding complete

Case Summary

Plaintiff, a student at Hunter College of the City University of New York, referred to in this case as Jane Doe, brought this private lawsuit against the College on August 20, 2004. She also brought claims against the College's President, Jennifer Raab, and its Acting Vice President, Eija Ayravainen, in their individual capacities and their capacities as administrators of the College. Plaintiff suffered from Major Depressive Disorder and was diagnosed with Attention Deficit Hyperactivity Disord…

Plaintiff, a student at Hunter College of the City University of New York, referred to in this case as Jane Doe, brought this private lawsuit against the College on August 20, 2004. She also brought claims against the College's President, Jennifer Raab, and its Acting Vice President, Eija Ayravainen, in their individual capacities and their capacities as administrators of the College.

Plaintiff suffered from Major Depressive Disorder and was diagnosed with Attention Deficit Hyperactivity Disorder. In June of 2004, she attempted suicide in her dormitory room at the College. She had also overdosed on medication earlier that year while at school. Pursuant to a school policy stating that students who attempt suicide would be asked to take a leave of absence from their Residence Halls for a semester, following the incident on June 5, the College notified plaintiff that she would not be allowed to live in the dorm during the fall 2004 semester. The College also told her she would be required to visit with Deans and counselors on campus.

In her Amended Complaint, filed on October 7, 2004, plaintiff brought the following claims: 1) intentional discrimination under the Fair Housing Act; 2) intentional discrimination and failure to accommodate in violation of Title II of the Americans with Disabilities Act; and 3) intentional discrimination under Section 504 of the Rehabilitation Act. Plaintiff sought declaratory and injunctive relief as well as compensatory and punitive damages.

Defendants moved to dismiss the Amended Complaint on October 27, 2004, alleging that as a state institution, the College and its officials were protected by Eleventh Amendment immunity. On August 25, 2005, Judge Sidney H. Stein denied defendants' motion to dismiss and ordered the parties to begin discovery.

The parties engaged in negotiations and, on August 22, 2006, jointly filed a notice of voluntary dismissal. On the same day, the parties filed a Settlement Agreement. The Agreement indicated that defendants would pay a total of $100,000 in attorneys' fees and would pay approximately $63,000 in damages to plaintiff over a period of 48 months.

The case is closed.

Summary Authors

Lauren Latterell Powell (1/8/2018)

People


Judge(s)
Attorney for Plaintiff

Allen, Michael Gerhart (District of Columbia)

Bower, Karen A. (District of Columbia)

Goldfarb, David (New York)

Salzman, Ira (New York)

Attorney for Defendant

Blanchette, Antoinette W (New York)

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Documents in the Clearinghouse

Document

1:04-cv-06740

Docket [PACER]

Aug. 22, 2006

Aug. 22, 2006

Docket
35

1:04-cv-06740

Memorandum of Law in Support of Motion to Dismiss Plaintiff's Amended Complaint

Oct. 27, 2004

Oct. 27, 2004

Pleading / Motion / Brief

1:04-cv-06740

Plaintiff's Memorandum of Law in Opposition to a Motion to Dismiss

Nov. 15, 2004

Nov. 15, 2004

Pleading / Motion / Brief
42

1:04-cv-06740

Reply Memorandum of Law in Support of Motion to Dismiss Plaintiff's Amended Complaint

Dec. 7, 2004

Dec. 7, 2004

Pleading / Motion / Brief

1:04-cv-06740

Transcript of Civil Cause for Decision Before the Honorable Sydney H. Stein

Aug. 25, 2005

Aug. 25, 2005

Transcript

1:04-cv-06740

Second Amended Complaint for Declaratory Judgment, Permanent Injunctive Relief and Damages

Sept. 1, 2005

Sept. 1, 2005

Complaint

1:04-cv-06740

Letter to Hunter College Office of Residential Life

Aug. 15, 2006

Aug. 15, 2006

Correspondence
57

1:04-cv-06740

Stipulation of Settlement, General Release & Order of Dismissal

Aug. 22, 2006

Aug. 22, 2006

Order/Opinion

Resources

Docket

Last updated Jan. 24, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link

Magistrate Judge Frank Maas is so designated. (gf, ) (Entered: 08/23/2004)

Aug. 20, 2004

Aug. 20, 2004

Case Designated ECF. (gf, ) (Entered: 08/23/2004)

Aug. 20, 2004

Aug. 20, 2004

***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) affidavit of service for summons and complaint by Goldfarb Abrandt, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (snu, ) (Entered: 09/14/2004)

Sept. 7, 2004

Sept. 7, 2004

Set/Reset Scheduling Order Deadlines: Responses due by 9/15/2004 Replies due by 9/22/2004. (pl, ) (Entered: 09/20/2004)

Sept. 10, 2004

Sept. 10, 2004

Set Answer Due Date purs. to 30 Endorsed Letter, as to Eija Ayravainen answer due on 10/22/2004; Hunter College of The City University of New York answer due on 10/22/2004; Jennifer Raab answer due on 10/22/2004. (pl, ) (Entered: 10/14/2004)

Sept. 29, 2004

Sept. 29, 2004

Set/Reset Scheduling Order Deadlines: Amended Pleadings due by 10/7/2004. dfts Motion to dismiss due by 10/22/2004. Responses due by 11/8/2004 Replies due by 11/15/2004. (pl, ) (Entered: 10/18/2004)

Sept. 29, 2004

Sept. 29, 2004

Set Answer Due Date purs. to 33 Endorsed Letter, as to Eija Ayravainen answer due on 10/22/2004; Hunter College of The City University of New York answer due on 10/22/2004; Jennifer Raab answer due on 10/22/2004. (pl, ) (Entered: 10/18/2004)

Sept. 29, 2004

Sept. 29, 2004

31

ORDER; that the caption of this action is changed as indicated in this Order. All future documents filed in this action shall reflect the new caption until further order of the Court. (Signed by Judge Sidney H. Stein on 10/14/04) (pl, ) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

34

ENDORSED LETTER addressed to Judge Sidney H. Stein from Kathryn C. Swann dated 10/21/04. Granting defendants' request for a revised schedule as follows: defendants' motion to dismiss by 10/27/2004. Response due by 11/15/2004 Reply due by 11/22/2004. (Signed by Judge Sidney H. Stein on 10/22/04) (kw, ) (Entered: 10/25/2004)

Oct. 25, 2004

Oct. 25, 2004

35

MOTION to Dismiss Plaintiff's Amended Complaint, Notice of, pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(2) and 12(h)(3) . Document filed by Eija Ayravainen, Hunter College of The City University of New York, Jennifer Raab. Responses due by 11/15/2004 (Spann, Kathryn) (Entered: 10/27/2004)

Oct. 27, 2004

Oct. 27, 2004

36

MOTION to Dismiss Amended Complaint, Defendants' Memorandum of Law in Support of (with tables) . Document filed by Eija Ayravainen, Hunter College of The City University of New York, Jennifer Raab. Responses due by 11/15/2004 (Spann, Kathryn) (Entered: 10/27/2004)

Oct. 27, 2004

Oct. 27, 2004

37

MOTION to Dismiss Amended Complaint, Spann Decl. in Support of (with exhibits) . Document filed by Eija Ayravainen, Hunter College of The City University of New York, Jennifer Raab. Responses due by 11/15/2004 (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Spann, Kathryn) (Entered: 10/27/2004)

Oct. 27, 2004

Oct. 27, 2004

40

ORDER ADMITTING Michael G. Allen and Karen A. Bower to appear ATTORNEY PRO HAC VICE. (Signed by Judge Sidney H. Stein on 11/23/04) (sac, ) (Entered: 11/24/2004)

Nov. 23, 2004

Nov. 23, 2004

41

ENDORSED LETTER addressed to Judge Sidney H. Stein from Kathryn C. Spann dated 12/1/04; Replies due by 12/7/2004. Surreplies due by 12/21/2004. (Signed by Judge Sidney H. Stein on 12/1/04) (sac, ) (Entered: 12/02/2004)

Dec. 2, 2004

Dec. 2, 2004

42

REPLY MEMORANDUM OF LAW in Support re: 37 MOTION to Dismiss Amended Complaint, Spann Decl. in Support of (with exhibits) ., 35 MOTION to Dismiss Plaintiff's Amended Complaint, Notice of, pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(2) and 12(h)(3) ., 36 MOTION to Dismiss Amended Complaint, Defendants' Memorandum of Law in Support of (with tables) . − dated December 7, 2004 . Document filed by Eija Ayravainen, Hunter College of The City University of New York, Jennifer Raab. (Spann, Kathryn) (Entered: 12/07/2004)

Dec. 7, 2004

Dec. 7, 2004

CASHIERS OFFICE REMARK on 40 Order Admitting Attorney Pro Hac Vice in the amount of $50.00, paid on 11/30/04, Receipt Number 527516. (mlo, ) (Entered: 01/05/2005)

Jan. 5, 2005

Jan. 5, 2005

43

ORDER; withdrawing 24 Motion for Preliminary Injunction.(Signed by Judge Sidney H. Stein on 2/4/05) (sac, ) (Entered: 02/08/2005)

Feb. 8, 2005

Feb. 8, 2005

44

ENDORSED LETTER addressed to Judge Sidney H. Stein from Kathryn C. Spann dated 2/15/05 re: Counsel for defendant writes to request an extension of time until 2/22/05 in which to file any such supplemental briefing; response due 3/1/05; reply 3/7/05. So Ordered. (Signed by Judge Sidney H. Stein on 2/15/05) (jco, ) (Entered: 02/17/2005)

Feb. 15, 2005

Feb. 15, 2005

45

NOTICE of Appearance by Antoinette W Blanchette on behalf of all defendants (Attachments: # 1 6/10/05 Decl. of Service)(Blanchette, Antoinette) (Entered: 06/10/2005)

June 10, 2005

June 10, 2005

46

ORDER re: Motions terminated: 35 MOTION to Dismiss Plaintiff's Amended Complaint, Notice of, pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(2) and 12(h)(3) . filed by Hunter College of The City University of New York,, Eija Ayravainen,, Jennifer Raab. Amended Pleadings due by 9/9/2005. Motions due by 9/30/2005. Pretrial Conference set for 10/7/2005 11:00 AM before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 8/25/05) (sac, ) (Entered: 08/25/2005)

Aug. 25, 2005

Aug. 25, 2005

48

ORDER that deft shall answer the amended complaint on or before 11/4/05; mid discovery status conf on 1/13/06 at 10:00 am; fact discovery due 3/10/06 and expert discovery due 5/19/06. (Signed by Judge Sidney H. Stein on 10/7/05) (cd, ) (Entered: 10/11/2005)

Oct. 7, 2005

Oct. 7, 2005

49

ANSWER to Amended Complaint. Document filed by Hunter College of The City University of New York, Jennifer Raab, Eija Ayravainen. Related document: 47 Amended Complaint, filed by Jane Doe,.(Blanchette, Antoinette) (Entered: 11/04/2005)

Nov. 4, 2005

Nov. 4, 2005

50

DECLARATION of JUDITH M. YOUNG re: 49 Answer to Amended Complaint − − 11/4/05 Declaration of Service of Defendants' Answer to the Second Amended Complaint . Document filed by Hunter College of The City University of New York, Jennifer Raab, Eija Ayravainen. (Blanchette, Antoinette) (Entered: 11/07/2005)

Nov. 7, 2005

Nov. 7, 2005

51

ORDER; the last day for fact discovery to be completed is 5/1/2006. The next pretrial conference is set for 5/4/2006 at 10:00 a.m. Expert reports are due on 6/1/2006. The last day for expert discovery is 7/3/2006. No further extensions. (Signed by Judge Sidney H. Stein on 2/9/06) (kco, ) (Entered: 02/09/2006)

Feb. 9, 2006

Feb. 9, 2006

52

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Sidney H. Stein on 3/1/06) (js, ) (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

53

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 Henry B. Pitman. (Signed by Judge Sidney H. Stein on 5/12/2006) (lb, ) (Entered: 05/16/2006)

May 16, 2006

May 16, 2006

54

ORDER; that at the requests of the parties, the documents filed in this action prior to 10/14/06, may be placed under seal. (Signed by Judge Sidney H. Stein on 6/2/06) (pl, ) (Entered: 07/12/2006)

July 10, 2006

July 10, 2006

55

STIPULATION AND ORDER SEALING DOCUMENTS: It is ordered that the unredacted stipulation of settlement, general release and order of dismissal shall be submitted directly to the Court in a separate envelope, and shall be maintained under seal by the Clerk of the Court following entry by the Court. (Signed by Judge Sidney H. Stein on 8/21/2006) (lb, ) (Entered: 08/22/2006)

Aug. 22, 2006

Aug. 22, 2006

56

NOTICE of Voluntary Dismissal pursuant to Rule 41(a)(1) of the F.R.C.P. All claims asserted against defendants Jennifer Raab and Eija Ayravainen, in their individual and official capacities, in this action are hereby voluntarily dismissed, with prejudice, and without costs, disbursements, expenses or attorney's fees. (Signed by Judge Sidney H. Stein on 8/22/2006) (lb, ) (Entered: 08/22/2006)

Aug. 22, 2006

Aug. 22, 2006

57

STIPULATION OF SETTLEMENT, GENERAL RELEASE & ORDER OF DISMISSAL: The action against defendant is hereby voluntarily dismissed with prejudice, pursuant to FRCP 41(a) and without payments, costs, disbursements, expenses or attorney's fees in excess of the amounts specified in Paragraphs 3.2 and 3.4 herein... (Signed by Judge Sidney H. Stein on 8/22/2006) (lb, ) (Entered: 08/22/2006)

Aug. 22, 2006

Aug. 22, 2006

Case Details

State / Territory: New York

Case Type(s):

Mental Health (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 20, 2004

Closing Date: Aug. 22, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Student at Hunter College in NY who was forced to leave her dormitory after a suicide attempt.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Hunter College of the City University of New York, State

Defendant Type(s):

College/University

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Housing

Disability and Disability Rights:

Mental impairment

Depression

Discrimination-basis:

Disability (inc. reasonable accommodations)