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SDNY COURTHOUSE, Aug 23–   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 June 25, 2024 a distanced deposition was ordered by the assigned Magistrate Judge: "the Court GRANTS Austin's motion for a protective order preventing Sweeney from attending Austin's deposition in person. However, Sweeney may be present in the same location where the deposition is taken (but in a different office) and permitted to see and hear the deposition in real time via a one-way remote video feed. Sweeney's counsel may consult with his client during normal breaks in the testimony and may also leave the deposition room when he deems it necessary to consult with his client during the deposition. The time taken up by those recesses shall not be charged against the seven-hour limit set forth in Fed. R. Civ. P. 30(d)(1) (or such other period as the parties may have agreed Sweeneys counsel will have to depose Austin). SO ORDERED. (Signed by Magistrate Judge Gary Stein on 6/25/2024)."

On August 22, a motion by plaintiff's lawyers to withdraw, "due to an unresolvable conflict that has arisen between this firm and Mr. Austin."

On August 23, Magistrate Judge Stein granted the defendants the right to respond to the request.

The case is Austin v. Fordham University, 23-cv- 4696 (Crotty / Stein) 

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