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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