{"@context":"https://schema.org","@type":"DigitalDocument","altText":"161704_2026_Jane_Doe_v_Cornell_University_Inc_et_al_AFFIRMATION_49","alternateName":"161704_2026_Jane_Doe_v_Cornell_University_Inc_et_al_AFFIRMATION_49.pdf","caption":"","contentUrl":"https://lucycraig.blog/media/218/raw","datePublished":"2026-10-10T17:33:05+00:00","description":"","encodingFormat":"application/pdf","identifier":"218","isAccessibleForFree":true,"machineReadable":{"json":"https://lucycraig.blog/media/218/index.json","markdown":"https://lucycraig.blog/media/218/index.md"},"name":"161704_2026_Jane_Doe_v_Cornell_University_Inc_et_al_AFFIRMATION_49","ocrStatus":"ready","ocrText":"--- Page 1 ---\n1 \n \nSTATE OF NEW YORK \n \nSUPREME COURT  \nCOUNTY OF NEW YORK \n \nJANE DOE,  \n \n \n \n \n \nATTORNEY AFFIRMATION \n \n \n \n \n \nPlaintiff, \n \n-against-  \n \n \n \n \n \n \nIndex No. 161704/2026 \n \nCORNELL UNIVERSITY, INC., CHI PHI CHAPTER \nHOUSE ASSOCIATION, CHI PHI FRATERNITY, INC., \nCHI PHI EDUCATIONAL TRUST, ALPHA BETA HOUSE \nCORPORATION OF DELTA DELTA DELTA, DELTA \nDELTA DELTA SORORITY, ZAREEN ENTERPRISE LLC \nd/b/a MOONIES BAR & NIGHTCLUB, MATTHEW \nINGALLS, JOHNATHAN NEWELL, WINSTON LEE, \nGILLIO LOPES, DIEGO SARABIA, SCOTT NORRIS, \nSCOTT KRETZSCHMAR, JOHN DOE (FACULTY), \nJOHN DOE (ALUMNI), JOHN DOES (EXECUTIVE \nBOARD), and ORAZIO PETITO, \n \n \n \n \n \nDefendants. \n \n_________________________________________________ \n \n \nJAMES C. KNOX, an attorney duly admitted to practice before the courts of the State of \nNew York, affirms under penalties of perjury: \n1. \nI am a member of HACKER MURPHY, LLP, counsel for defendant DIEGO \nSARABIA, and submit this Affirmation in support of the Order to Show Cause for a narrowly \ntailored Order regulating extrajudicial statements by the parties and counsel, and in support of the \nrequest for interim relief pending the return date. \n2. \nUnless otherwise stated, the matters set forth here are based upon my personal \nknowledge, my review of the filings in this action, and communications and materials maintained \nin the ordinary course of this representation. \nFILED: NEW YORK COUNTY CLERK 10/09/2026 07:45 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 49\nRECEIVED NYSCEF: 10/09/2026\n1 of 9\n\n--- Page 2 ---\n2 \n \n3. \nThis action concerns allegations of sexual assault and related claims arising from \nevents Plaintiff alleges occurred during the night of October 19, 2024, and the morning of October \n20, 2024, while Plaintiff was an undergraduate student at Cornell University. \n4. \nPlaintiff seeks damages against corporate, institutional, and individual Defendants \nand has demanded a jury trial. \n5. \nThe allegations are intensely sensitive and have generated substantial public \nattention. The Court has already found that information appearing in filed documents was used by \nonline observers to threaten and dox a nonparty\u2019s family after an erroneous address was associated \nwith a Defendant. \n6. \nIn its October 9, 2026 Decision and Order, the Court characterized the reported \nthreats and doxing as dangerous internet vigilantism and cautioned that the matter was approaching \na point at which malicious threats and possible physical harm could impede the legal process. \n7. \nThe Court accordingly directed the sealing of NYSCEF Documents 1, 6, 7, and 22 \nand ordered Plaintiff to refile redacted versions omitting the parties\u2019 purported addresses. \n8. \nThe Court further recognized that the identifying information was highly likely to \nhave already been disseminated online, but issued its Order to mitigate the risk of harm and caution \nthose involved to act accordingly. \n9. \nThis Order to Show Cause is brought on an expedited basis because certain counsel \nin this matter have been, since the inception of this case, making numerous statements in and to \nthe media, which individually and collectively are likely to cause actual prejudice to the fair \nadministration of justice in this case. \nFILED: NEW YORK COUNTY CLERK 10/09/2026 07:45 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 49\nRECEIVED NYSCEF: 10/09/2026\n2 of 9\n\n--- Page 3 ---\n3 \n \n10. \nFor example, almost since the filing of the Summons and Complaint in this case, \nthe following extrajudicial statements or media communications are just some of the prejudicial \nstatements which have been made: \ni. Plaintiff\u2019s attorney, Thomas Giuffra, on October 2, 2026 stated to CBS \nnews:  \n1. That Jane Doe \u201cdidn\u2019t have consent from the time she walked in \nthe door; she was incapable of consent.\u201d \n2. That during the alleged incident Jane Doe \u201dfelt like, you know, like \na sex worker just being shuffled from place to place in a bit, unable \nto stop it.\u201d \n3. That, as concerns the prior investigation into the matter, \u201cI\u2019m more \nand more convinced there was a cover-up. I mean, at first I thought \nit was just bumbling, but now I think there was a cover-up. I think \nthey were worried about protecting the reputation of the university. \nThey were protecting the big source of revenue in the county.\u201d See \nhttps://www.cbsnews.com/news/jane-doe-attorney-incapable-\nconsent-accuses-cornell-cover-up/ (last visited 10/9/2026). \nii. Attorney Giuffra told CNN on October 5, 2026 that: \n1. Defendant Chi Phi Chapter House Association (\u201cChi Phi\u201d), \nfollowing the assault alleged by Jane Doe, held meetings with the \nintention to \u201ccover up\u201d what had happened; \n2. That Chi Phi was only interested in \u201cprotecting the fraternity, \nprotecting the fraternity brothers and keeping it as business as \nFILED: NEW YORK COUNTY CLERK 10/09/2026 07:45 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 49\nRECEIVED NYSCEF: 10/09/2026\n3 of 9\n\n--- Page 4 ---\n4 \n \nusual \u2013 not justice.\u201d See https://www.tmz.com/2026/10/06/cornell-\njane-doe-attorney-thomas-giuffra-blames-chi-phi/ (last visited \n10/9/2026). \niii. Attorney Giuffra told CNN on September 28, 2026 that: \n1. Plaintiff\u2019s \u201clife has been destroyed.\u201d \n2. Attending defendant Cornell University (\u201cCornell\u201d) was \u201cher \ndream, and it was taken away from her in a horrific fashion.\u201d \n3. Plaintiff is \u201cbarely hanging on.\u201d \n4. That Cornell forced Jane Doe to attend a semester against her will \nrather than give her a refund. See \nhttps://www.cnn.com/2026/09/28/us/video/jane-doe-cornell-rape-\ncase-attorney-speaks-out-digvid-vrtc (last visited 10/9/2026). \niv. Attorney Giuffra told NBC news on October 2, 2026 that: \n1. Jane Doe was presently \u201changing on by a string.\u201d \n2. \u201cThis has upended her life in such a tragic way.\u201d See \nhttps://www.facebook.com/NBCNews/videos/2848296376131277\n8/ (Last visited 10/9/2026). \nv. Attorney Giuffra told CBS news on October 8, 2026 that: \n1. \u201cJane Doe is fearless.\u201d \n2. \u201cShe always was interested in trying to make things better for other \nwomen, so there\u2019s no more Jane Does.\u201d \n3. Jane Doe was subjected to the \u201cmost incredible sequence of \nfailures\u201d by defendant Cornell and law enforcement. \nFILED: NEW YORK COUNTY CLERK 10/09/2026 07:45 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 49\nRECEIVED NYSCEF: 10/09/2026\n4 of 9\n\n--- Page 5 ---\n5 \n \n4. \u201cIt\u2019s been the most incredible sequence of failures I\u2019ve seen in my \n30-plus years of practice. I mean it\u2019s not just one thing. I can\u2019t \nkeep them straight half the time because there are so many. I mean, \nyou have a failure everywhere along the line, everywhere.\u201d \n5. As concerns an alleged group chat referenced in the complaint, that \n\u201cI don\u2019t care what their defense lawyers say. I don\u2019t care what the \nuniversity says. That is the classic gun. It\u2019s like a body on the \nground, a smoking gun. That\u2019s that Snapchat.\u201d See \nhttps://abcnews.com/US/attorney-jane-doe-facing-threats-calls-\nalleged-failures/story?id=137078550 (last visited 10/9/2026). \nvi. Attorney Giuffra told People on October 5, 2026 that: \n1. Concerning the members of Chi Phi, \u201cThe minute these guys knew \nthey were in trouble, they started deleting everything, they started \ndumping things. Any of this evidence other than that group chat is \nin the bottom of [Cayuga Lake].\u201d See \nhttps://www.yahoo.com/news/us/articles/jane-doe-lawyer-fears-\nevidence-202431197.html (last visited 10/9/2026). \nvii. Attorney Giuffra told CNN on October 4, 2026 that:  \n1. \u201cWe have apologies in various emails [from individual \ndefendants]\u201d \n2. Police \u201chad evidence of a crime\u201d from plaintiff. \n3. \u201cIn this case there really was a coverup\u201d by Cornell and police.  \nFILED: NEW YORK COUNTY CLERK 10/09/2026 07:45 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 49\nRECEIVED NYSCEF: 10/09/2026\n5 of 9\n\n--- Page 6 ---\n6 \n \n4. \u201cI\u2019m confident knowing this day and age and the group that we\u2019re \ndealing with that there were other photos, there were videos, and \nyou know where I think those photos and videos are now? They\u2019re \nin the bottom of Lake Cuyahoga, because once they knew there \nwas a problem they cleared everything out and got rid of it.\u201d \n5. \u201cThe investigators let that [destruction of evidence] happen.\u201d \n6. \u201cI\u2019m not even sure we have everybody who participated in this \nassault because [Jane Doe] was blacked out during periods of time \nand that\u2019s reported in these statements.  We don\u2019t even know \u2013 the \npeople we have are the people we definitively know.  If you ask \nme, I believe there were more.\u201d See \nhttps://www.cnn.com/audio/podcasts/state-of-the-union-with-jake-\ntapper \u201cPresidential Polls and Controversies: The Economy Under \nScurtiny,\u201d at minute 16:00 - 20:06 (Last visited 10/9/2026). \n11. \nThese statements by Attorney Giuffra are not a full catalogue of press statements \nand media and television interviews which he has undertaken. They are but a limited set of \nexamples.  A full cataloguing of the media tour he has engaged in would be far lengthier than \nnecessary to establish the potential risks these statements are incurring upon the fair administration \nof justice in this case and upon the parties. \n12. \nThe statements have resulted in or coincided with the following threats, harassment, \npublicity, or risk of prejudice to our client, and more generally, all defendants.  \n13. \nStatements such as the above deliberately publicize plaintiff\u2019s perspective, view of \nthe facts, and interpretation of the evidence.  \nFILED: NEW YORK COUNTY CLERK 10/09/2026 07:45 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 49\nRECEIVED NYSCEF: 10/09/2026\n6 of 9\n\n--- Page 7 ---\n7 \n \n14. \nAll such statements were disseminated by means of public communication and have \na substantial likelihood of materially prejudicing prospective jurors in any trial in this matter. \n15. \nAttorney Giuffra has made statements related to the credibility, character and \nreputation of multiple defendants to this lawsuit, including the individual defendants, the fraternity \ndefendants and the school defendants.  \n16. \nThe requested relief does not seek to restrain the press, close court proceedings, or \nprevent public access to judicial documents that remain publicly available. It is directed only to \nparticipating attorneys and parties whose public communications can be regulated without \nprohibiting neutral procedural information or communications necessary to litigate the action. \n17. \nThe proposed Order tracks the material-prejudice standard governing participating \nattorneys and preserves the categories of statements permitted by Rule 3.6. \n18. \nA restriction confined to statements presenting a substantial likelihood of material \nprejudice, nonpublic discovery material, personal identifying information, and communications \nencouraging harassment is necessary because of the expansive and extensive media campaign \nwhich plaintiff\u2019s counsel has engaged in to advertise, publicly advocate for, and to disseminate his \nclient\u2019s position and perspective in the media. \n19. \nPlaintiff\u2019s counsel has been trying his case in the media since filing the lawsuit, and \nreporting indicates that this was deliberate and planned.  Reporters from the Cornell Sun, which \nhas reported on this case from the outset, disclosed to CNN that they coordinated with Jane Doe \nand \nher \nattorneys \nbefore \nthis \nlawsuit \nwas \nfiled. \n \nSee \nhttps://www.cnn.com/2026/09/29/us/video/ebof-cornell-university-rape-allegations-cornell-\ndaily-sun-reporter-editor-in-chief [\u201cI was able to communicate with Jane Doe and her lawyers,\u201d \nFILED: NEW YORK COUNTY CLERK 10/09/2026 07:45 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 49\nRECEIVED NYSCEF: 10/09/2026\n7 of 9\n\n--- Page 8 ---\n8 \n \nCereese Qusba, Cornell Daily Sun  Senior Editor, referencing a time before the lawsuit was filed.] \n(last visited 10/9/2026). \n20. \nIn short, plaintiff\u2019s attorney\u2019s media blast was not merely an organic result of \ninquiry, but has been an orchestrated campaign from the outset. \n21. \nInterim relief is warranted pending the return date because there appears to be no \nend to plaintiff\u2019s ongoing media campaign.  The case is in its infancy.  Certain parties have yet to \neven appear.  No answers or responsive motions to the complaint have been filed and no discovery \nhas been commenced. \n22. \nFurther similar media appearances by parties or their counsel risks further prejudice \nto the adjudicative process.  \n23. \nNo prior application for the relief requested herein has been made. \nWHEREFORE, defendant Diego Sarabia respectfully requests that the Court sign the \nOrder to Show Cause, schedule a return date, and, upon the return thereof, enter the accompanying \nproposed Order. \nDated: October 9, 2026          \nHACKER MURPHY, LLP \n \n \n \n \n \n \n \n \n \n \n \nBy:_______________________________________  \nJames C. Knox \nAttorneys for Defendant Diego Sarabia \nOffice & P.O. Address \n22 Corporate Woods Boulevard, Suite 404 \nAlbany, NY  12211 \nTelephone:  518-274-5820 \n \n \n \n \n \nBy:_______________________________________  \nFILED: NEW YORK COUNTY CLERK 10/09/2026 07:45 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 49\nRECEIVED NYSCEF: 10/09/2026\n8 of 9\n\n--- Page 9 ---\n9 \n \nAlishah Bhimani  \nAttorneys for Defendant Diego Sarabia \nOffice & P.O. Address \n22 Corporate Woods Boulevard, Suite 404 \nAlbany, NY  12211 \nTelephone:  518-274-5820 \n \nFILED: NEW YORK COUNTY CLERK 10/09/2026 07:45 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 49\nRECEIVED NYSCEF: 10/09/2026\n9 of 9","text":"--- Page 1 ---\n1 \n \nSTATE OF NEW YORK \n \nSUPREME COURT  \nCOUNTY OF NEW YORK \n \nJANE DOE,  \n \n \n \n \n \nATTORNEY AFFIRMATION \n \n \n \n \n \nPlaintiff, \n \n-against-  \n \n \n \n \n \n \nIndex No. 161704/2026 \n \nCORNELL UNIVERSITY, INC., CHI PHI CHAPTER \nHOUSE ASSOCIATION, CHI PHI FRATERNITY, INC., \nCHI PHI EDUCATIONAL TRUST, ALPHA BETA HOUSE \nCORPORATION OF DELTA DELTA DELTA, DELTA \nDELTA DELTA SORORITY, ZAREEN ENTERPRISE LLC \nd/b/a MOONIES BAR & NIGHTCLUB, MATTHEW \nINGALLS, JOHNATHAN NEWELL, WINSTON LEE, \nGILLIO LOPES, DIEGO SARABIA, SCOTT NORRIS, \nSCOTT KRETZSCHMAR, JOHN DOE (FACULTY), \nJOHN DOE (ALUMNI), JOHN DOES (EXECUTIVE \nBOARD), and ORAZIO PETITO, \n \n \n \n \n \nDefendants. \n \n_________________________________________________ \n \n \nJAMES C. KNOX, an attorney duly admitted to practice before the courts of the State of \nNew York, affirms under penalties of perjury: \n1. \nI am a member of HACKER MURPHY, LLP, counsel for defendant DIEGO \nSARABIA, and submit this Affirmation in support of the Order to Show Cause for a narrowly \ntailored Order regulating extrajudicial statements by the parties and counsel, and in support of the \nrequest for interim relief pending the return date. \n2. \nUnless otherwise stated, the matters set forth here are based upon my personal \nknowledge, my review of the filings in this action, and communications and materials maintained \nin the ordinary course of this representation. \nFILED: NEW YORK COUNTY CLERK 10/09/2026 07:45 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 49\nRECEIVED NYSCEF: 10/09/2026\n1 of 9\n\n--- Page 2 ---\n2 \n \n3. \nThis action concerns allegations of sexual assault and related claims arising from \nevents Plaintiff alleges occurred during the night of October 19, 2024, and the morning of October \n20, 2024, while Plaintiff was an undergraduate student at Cornell University. \n4. \nPlaintiff seeks damages against corporate, institutional, and individual Defendants \nand has demanded a jury trial. \n5. \nThe allegations are intensely sensitive and have generated substantial public \nattention. The Court has already found that information appearing in filed documents was used by \nonline observers to threaten and dox a nonparty\u2019s family after an erroneous address was associated \nwith a Defendant. \n6. \nIn its October 9, 2026 Decision and Order, the Court characterized the reported \nthreats and doxing as dangerous internet vigilantism and cautioned that the matter was approaching \na point at which malicious threats and possible physical harm could impede the legal process. \n7. \nThe Court accordingly directed the sealing of NYSCEF Documents 1, 6, 7, and 22 \nand ordered Plaintiff to refile redacted versions omitting the parties\u2019 purported addresses. \n8. \nThe Court further recognized that the identifying information was highly likely to \nhave already been disseminated online, but issued its Order to mitigate the risk of harm and caution \nthose involved to act accordingly. \n9. \nThis Order to Show Cause is brought on an expedited basis because certain counsel \nin this matter have been, since the inception of this case, making numerous statements in and to \nthe media, which individually and collectively are likely to cause actual prejudice to the fair \nadministration of justice in this case. \nFILED: NEW YORK COUNTY CLERK 10/09/2026 07:45 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 49\nRECEIVED NYSCEF: 10/09/2026\n2 of 9\n\n--- Page 3 ---\n3 \n \n10. \nFor example, almost since the filing of the Summons and Complaint in this case, \nthe following extrajudicial statements or media communications are just some of the prejudicial \nstatements which have been made: \ni. Plaintiff\u2019s attorney, Thomas Giuffra, on October 2, 2026 stated to CBS \nnews:  \n1. That Jane Doe \u201cdidn\u2019t have consent from the time she walked in \nthe door; she was incapable of consent.\u201d \n2. That during the alleged incident Jane Doe \u201dfelt like, you know, like \na sex worker just being shuffled from place to place in a bit, unable \nto stop it.\u201d \n3. That, as concerns the prior investigation into the matter, \u201cI\u2019m more \nand more convinced there was a cover-up. I mean, at first I thought \nit was just bumbling, but now I think there was a cover-up. I think \nthey were worried about protecting the reputation of the university. \nThey were protecting the big source of revenue in the county.\u201d See \nhttps://www.cbsnews.com/news/jane-doe-attorney-incapable-\nconsent-accuses-cornell-cover-up/ (last visited 10/9/2026). \nii. Attorney Giuffra told CNN on October 5, 2026 that: \n1. Defendant Chi Phi Chapter House Association (\u201cChi Phi\u201d), \nfollowing the assault alleged by Jane Doe, held meetings with the \nintention to \u201ccover up\u201d what had happened; \n2. That Chi Phi was only interested in \u201cprotecting the fraternity, \nprotecting the fraternity brothers and keeping it as business as \nFILED: NEW YORK COUNTY CLERK 10/09/2026 07:45 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 49\nRECEIVED NYSCEF: 10/09/2026\n3 of 9\n\n--- Page 4 ---\n4 \n \nusual \u2013 not justice.\u201d See https://www.tmz.com/2026/10/06/cornell-\njane-doe-attorney-thomas-giuffra-blames-chi-phi/ (last visited \n10/9/2026). \niii. Attorney Giuffra told CNN on September 28, 2026 that: \n1. Plaintiff\u2019s \u201clife has been destroyed.\u201d \n2. Attending defendant Cornell University (\u201cCornell\u201d) was \u201cher \ndream, and it was taken away from her in a horrific fashion.\u201d \n3. Plaintiff is \u201cbarely hanging on.\u201d \n4. That Cornell forced Jane Doe to attend a semester against her will \nrather than give her a refund. See \nhttps://www.cnn.com/2026/09/28/us/video/jane-doe-cornell-rape-\ncase-attorney-speaks-out-digvid-vrtc (last visited 10/9/2026). \niv. Attorney Giuffra told NBC news on October 2, 2026 that: \n1. Jane Doe was presently \u201changing on by a string.\u201d \n2. \u201cThis has upended her life in such a tragic way.\u201d See \nhttps://www.facebook.com/NBCNews/videos/2848296376131277\n8/ (Last visited 10/9/2026). \nv. Attorney Giuffra told CBS news on October 8, 2026 that: \n1. \u201cJane Doe is fearless.\u201d \n2. \u201cShe always was interested in trying to make things better for other \nwomen, so there\u2019s no more Jane Does.\u201d \n3. Jane Doe was subjected to the \u201cmost incredible sequence of \nfailures\u201d by defendant Cornell and law enforcement. \nFILED: NEW YORK COUNTY CLERK 10/09/2026 07:45 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 49\nRECEIVED NYSCEF: 10/09/2026\n4 of 9\n\n--- Page 5 ---\n5 \n \n4. \u201cIt\u2019s been the most incredible sequence of failures I\u2019ve seen in my \n30-plus years of practice. I mean it\u2019s not just one thing. I can\u2019t \nkeep them straight half the time because there are so many. I mean, \nyou have a failure everywhere along the line, everywhere.\u201d \n5. As concerns an alleged group chat referenced in the complaint, that \n\u201cI don\u2019t care what their defense lawyers say. I don\u2019t care what the \nuniversity says. That is the classic gun. It\u2019s like a body on the \nground, a smoking gun. That\u2019s that Snapchat.\u201d See \nhttps://abcnews.com/US/attorney-jane-doe-facing-threats-calls-\nalleged-failures/story?id=137078550 (last visited 10/9/2026). \nvi. Attorney Giuffra told People on October 5, 2026 that: \n1. Concerning the members of Chi Phi, \u201cThe minute these guys knew \nthey were in trouble, they started deleting everything, they started \ndumping things. Any of this evidence other than that group chat is \nin the bottom of [Cayuga Lake].\u201d See \nhttps://www.yahoo.com/news/us/articles/jane-doe-lawyer-fears-\nevidence-202431197.html (last visited 10/9/2026). \nvii. Attorney Giuffra told CNN on October 4, 2026 that:  \n1. \u201cWe have apologies in various emails [from individual \ndefendants]\u201d \n2. Police \u201chad evidence of a crime\u201d from plaintiff. \n3. \u201cIn this case there really was a coverup\u201d by Cornell and police.  \nFILED: NEW YORK COUNTY CLERK 10/09/2026 07:45 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 49\nRECEIVED NYSCEF: 10/09/2026\n5 of 9\n\n--- Page 6 ---\n6 \n \n4. \u201cI\u2019m confident knowing this day and age and the group that we\u2019re \ndealing with that there were other photos, there were videos, and \nyou know where I think those photos and videos are now? They\u2019re \nin the bottom of Lake Cuyahoga, because once they knew there \nwas a problem they cleared everything out and got rid of it.\u201d \n5. \u201cThe investigators let that [destruction of evidence] happen.\u201d \n6. \u201cI\u2019m not even sure we have everybody who participated in this \nassault because [Jane Doe] was blacked out during periods of time \nand that\u2019s reported in these statements.  We don\u2019t even know \u2013 the \npeople we have are the people we definitively know.  If you ask \nme, I believe there were more.\u201d See \nhttps://www.cnn.com/audio/podcasts/state-of-the-union-with-jake-\ntapper \u201cPresidential Polls and Controversies: The Economy Under \nScurtiny,\u201d at minute 16:00 - 20:06 (Last visited 10/9/2026). \n11. \nThese statements by Attorney Giuffra are not a full catalogue of press statements \nand media and television interviews which he has undertaken. They are but a limited set of \nexamples.  A full cataloguing of the media tour he has engaged in would be far lengthier than \nnecessary to establish the potential risks these statements are incurring upon the fair administration \nof justice in this case and upon the parties. \n12. \nThe statements have resulted in or coincided with the following threats, harassment, \npublicity, or risk of prejudice to our client, and more generally, all defendants.  \n13. \nStatements such as the above deliberately publicize plaintiff\u2019s perspective, view of \nthe facts, and interpretation of the evidence.  \nFILED: NEW YORK COUNTY CLERK 10/09/2026 07:45 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 49\nRECEIVED NYSCEF: 10/09/2026\n6 of 9\n\n--- Page 7 ---\n7 \n \n14. \nAll such statements were disseminated by means of public communication and have \na substantial likelihood of materially prejudicing prospective jurors in any trial in this matter. \n15. \nAttorney Giuffra has made statements related to the credibility, character and \nreputation of multiple defendants to this lawsuit, including the individual defendants, the fraternity \ndefendants and the school defendants.  \n16. \nThe requested relief does not seek to restrain the press, close court proceedings, or \nprevent public access to judicial documents that remain publicly available. It is directed only to \nparticipating attorneys and parties whose public communications can be regulated without \nprohibiting neutral procedural information or communications necessary to litigate the action. \n17. \nThe proposed Order tracks the material-prejudice standard governing participating \nattorneys and preserves the categories of statements permitted by Rule 3.6. \n18. \nA restriction confined to statements presenting a substantial likelihood of material \nprejudice, nonpublic discovery material, personal identifying information, and communications \nencouraging harassment is necessary because of the expansive and extensive media campaign \nwhich plaintiff\u2019s counsel has engaged in to advertise, publicly advocate for, and to disseminate his \nclient\u2019s position and perspective in the media. \n19. \nPlaintiff\u2019s counsel has been trying his case in the media since filing the lawsuit, and \nreporting indicates that this was deliberate and planned.  Reporters from the Cornell Sun, which \nhas reported on this case from the outset, disclosed to CNN that they coordinated with Jane Doe \nand \nher \nattorneys \nbefore \nthis \nlawsuit \nwas \nfiled. \n \nSee \nhttps://www.cnn.com/2026/09/29/us/video/ebof-cornell-university-rape-allegations-cornell-\ndaily-sun-reporter-editor-in-chief [\u201cI was able to communicate with Jane Doe and her lawyers,\u201d \nFILED: NEW YORK COUNTY CLERK 10/09/2026 07:45 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 49\nRECEIVED NYSCEF: 10/09/2026\n7 of 9\n\n--- Page 8 ---\n8 \n \nCereese Qusba, Cornell Daily Sun  Senior Editor, referencing a time before the lawsuit was filed.] \n(last visited 10/9/2026). \n20. \nIn short, plaintiff\u2019s attorney\u2019s media blast was not merely an organic result of \ninquiry, but has been an orchestrated campaign from the outset. \n21. \nInterim relief is warranted pending the return date because there appears to be no \nend to plaintiff\u2019s ongoing media campaign.  The case is in its infancy.  Certain parties have yet to \neven appear.  No answers or responsive motions to the complaint have been filed and no discovery \nhas been commenced. \n22. \nFurther similar media appearances by parties or their counsel risks further prejudice \nto the adjudicative process.  \n23. \nNo prior application for the relief requested herein has been made. \nWHEREFORE, defendant Diego Sarabia respectfully requests that the Court sign the \nOrder to Show Cause, schedule a return date, and, upon the return thereof, enter the accompanying \nproposed Order. \nDated: October 9, 2026          \nHACKER MURPHY, LLP \n \n \n \n \n \n \n \n \n \n \n \nBy:_______________________________________  \nJames C. Knox \nAttorneys for Defendant Diego Sarabia \nOffice & P.O. Address \n22 Corporate Woods Boulevard, Suite 404 \nAlbany, NY  12211 \nTelephone:  518-274-5820 \n \n \n \n \n \nBy:_______________________________________  \nFILED: NEW YORK COUNTY CLERK 10/09/2026 07:45 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 49\nRECEIVED NYSCEF: 10/09/2026\n8 of 9\n\n--- Page 9 ---\n9 \n \nAlishah Bhimani  \nAttorneys for Defendant Diego Sarabia \nOffice & P.O. Address \n22 Corporate Woods Boulevard, Suite 404 \nAlbany, NY  12211 \nTelephone:  518-274-5820 \n \nFILED: NEW YORK COUNTY CLERK 10/09/2026 07:45 PM\nINDEX NO. 161704/2026\nNYSCEF DOC. NO. 49\nRECEIVED NYSCEF: 10/09/2026\n9 of 9","thumbnailUrl":"https://lucycraig.blog/media/218/thumb.webp","transcriptStatus":"not_applicable","transcriptText":"","url":"https://lucycraig.blog/media/218"}