| Former
Student Sued
Fordham Citing
2011 Rape Now
Distance at
Deposition
Into Next Room
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
June 26 –
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)."
The
case is Austin
v. Fordham
University,
23-cv- 4696
(Crotty /
Stein)
***
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