| Former
Student Sued
Fordham Citing
2011 Rape Now
Students in
Dorm That Year
To Be Notified
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
April 5 –
Francis
Austin, saying
he was raped
in 2011 by his
Fordham
University
roommate
Patrick
Sweeney, has
sued
Fordham.
The
complaint,
found in the
dockets of the
U.S. District
Court for the
Southern
District of
New York by
Inner City
Press which
covers the
SDNY, says
that Fordham
"was on
notice,
including
written
notice, of the
dangers that
Sweeney posed
to
Austin."
Both lived in
B-10 of Finlay
Hall on Rose
Hill in The
Bronx.
The
complaint
refers to
Auschwitz.
Austin
required
surgery.
A
second sexual
assault, the
Complaint
says, happened
in Keating
Hall.
The complaint
is filed under
NY CPLR 214-j,
NYS's Adult
Survivors
Act.
On
August 2,
Fordham filed
with the court
a third party
complaint
against
Patrick
Sweeney,
annexing the
Residence Hall
Agreement in
which he
agreed to
indemnify the
school for all
causes of
action "which
may result
from causes
beyond the
control of the
University."
On
September 20
Judge Paul A.
Crotty
approved the
case
management
plan and set a
next
conference:
"Minute Entry
for
proceedings
held before
Judge Paul A.
Crotty:
Initial
Pretrial
Conference
held on
9/19/2023.
The parties
provided a
case update
and the Court
approved the
CCMP. Another
conference is
set for
November 6,
2023 at
3:45PM."
And
the schedule:
"This case is
to be tried to
a jury.
Deposition due
by 1/19/2024.
All Fact
Discovery due
by 1/19/2024.
All Expert
Discovery due
by 3/4/2024.
Counsel for
the parties
have conferred
and their
present best
estimate of
the length of
trial is: 15
days."
On
February 15,
2024
Magistrate
Judge Gary
Stein held an
oral argument
including on
whether
Sweeney, now
in the case,
should get to
see Austin's
medical
records.
Austin's
counsel cite
"serious
psychological
trauma to our
client." On
the other
side, the
right to
assistance of
counsel, and
not "attorneys
eyes only."
On
April 4, 2024
a notification
procedure was
signed off on
by the
assigned
Magistrate
Judge:
"STIPULATION
AND ORDER:
WHEREAS,
Plaintiff
takes the
position that
the Requests
are relevant
and not
subject to
FERPA's
protections,
points with
which Fordham
disagrees, but
for the sake
of expediency
in the
exchange of
information in
discovery, the
Parties agree
to the process
outlined in
this
stipulation in
an effort to
comply with
FERPA as
follows: 1.
Not later than
fourteen days
from the date
of this Order,
Fordham will
notify each
student RA who
lived at
Fordham's
Finlay Hall
d01mitory in
fall 2010 to
spring 2012
and each
student who
resided on the
same floor as
Plaintiff and
Patrick
Sweeney in
Fordham's
Finlay Hall
dormitory in
fall 2010 and
spring 2011
(collectively
"Students") by
letter to the
Students' last
known address
on file with
the
University,
that pursuant
to this Order,
their name and
last known
address will
be provided to
Plaintiff and
Third-Party
Defendant's
undersigned
attorneys. In
its letter,
Fordham will
give each
Student an
opportunity to
object to this
disclosure
within
fourteen days
of receipt of
the notice. 2.
After the
objection
period
expires, the
University
will reveal
the names and
present or
last known
addresses of
the students
that did not
object to
disclosure to
counsel for
Plaintiff and
counsel for
Third-Party
Defendant. 3.
The names and
addresses of
the student
witnesses
shall be
treated as
Confidential
information
pursuant to
the terms of
the
Stipulation
and Protective
Order dated
March 11, 2024
(ECF No. 50).
SO STIPULATED
AND AGREED.
The Court
approves the
parties'
Stipulation
for the
reasons set
forth in
today's Order.
(See Dkt. No.
54). SO
ORDERED.
(Signed by
Magistrate
Judge Gary
Stein on
4/4/2024)."
The
case is Austin
v. Fordham
University,
23-cv- 4696
(Crotty /
Stein)
***
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