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March Safety Dance Hearing

Latest update on Safety Dance:

Electronic Clerk’s Notes for proceedings held before Judge Michael A. Ponsor: Motion Hearing held on 3/28/2017 re [29] MOTION for Reconsideration filed by Williams College, [31] MOTION to Dismiss for Failure to State a Claim filed by Williams College, [4] First MOTION for Preliminary Injunction John Doe v. Williams College filed by John Doe. Arguments heard. Court denies Motion for Reconsideration, denies Motion for Preliminary Injunction. Court takes Defendant’s Motion to Dismiss under advisement. Orders to issue. (Court Reporter: Sarah Mubarek, Philbin & Associates, 413-733-4078) (Attorneys present: Rossi, Lapp, Kelly) (Healy, Bethaney)

Can anyone interpret this?

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#1 Comment By Whitney Wilson ’90 On April 28, 2017 @ 2:33 pm

Here is an interesting article on the Washington Post website about a recent surge in lawsuits similar to the Safety Dance suit.

A rising number of young men who were kicked out of college for sexual misconduct are suing those schools, alleging they were treated unfairly as their cases were investigated and decided, legal data show.

Many are securing settlements that clear the discipline from their record, lawyers and advocacy groups say. Some even are being allowed to return to campus.

#2 Comment By Whitney Wilson ’90 On April 28, 2017 @ 2:45 pm

Also, that the College did not (yet) lose its motion to dismiss is significant. As discussed in the article linked above, many settlements occur after a motion to dismiss is denied and discovery is about to start.

#3 Comment By CV On April 29, 2017 @ 6:38 am

Interpretation:

Arguments on the following motions were heard on March 28th:

1. MOTION for Reconsideration filed by Williams College (this was the college’s request for the court to take back its order allowing Doe to be anonymous, to force him to proceed under his real identity);
2. MOTION to Dismiss for Failure to State a Claim filed by Williams College (the college sought to have the case dismissed); and
3. First MOTION for Preliminary Injunction John Doe v. Williams College filed by John Doe. (Doe requested that the court force the college to grant him his degree now before any further proceedings)

The court decided:

1. Court denied Motion for Reconsideration, thus Doe may remain anonymous;
2. Court denied Motion for Preliminary Injunction, thus it will not order the college to give Doe his degree right now (this does not mean that it won’t do so later); and
3. Court took the college’s Motion to Dismiss under advisement. This means that it will research the issues, think about them, and issue an order at some point in the future.

#4 Comment By CV On April 29, 2017 @ 10:35 am

A quick google search – https://www.pacermonitor.com/public/case/19903708/Doe_v_Williams_College

Friday, April 28, 2017
72 order Order Referring Case to Magistrate Judge Fri 2:41 PM
Judge Michael A. Ponsor: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Katherine A. Robertson Referred for: Full Pretrial, No Dispositive Motions (ptn). Further information: For rule 16 conference and all pretrial matters. (Lindsay, Maurice)

71 order Order on Motion to Dismiss for Failure to State a Claim Fri 2:32 PM
Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows: Defendants Motion to Dismiss (Dkt. No.31 ) is hereby ALLOWED, based on the violations of Fed. R. Civ. P. 8. It is otherwise DENIED. Plaintiff will file a new amended complaint on or before May 12, 2017. Defendants rights are saved with regard to all its substantive arguments in support of dismissal applicable to this new complaint. The court has allowed Defendants Motion to Strike (Dkt. No.68 ). The precipitously filed third amended complaint (Dkt. No.67 ) may be disregarded. The new amended complaint to be filed by May 12, 2017 will be entitled the Third Amended Complaint and will be the operative pleading. This case is hereby referred to Magistrate Judge Katherine A. Robertson to conduct a scheduling conference pursuant to Fed. R. Civ. P. 16. It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice)

If I understand this correctly, Doe has survived the college’s motion to dismiss and the case is going forward.