Comment attachment by janedoe1

(FILED: NEW YORK COUNTY CLERK 10/14/2026 03:55 PM INDEX NO. 161704/2026 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/14/2026 Patrick J. Hines Partner Direct Dial: 716.848.1679 [email protected] October 14, 2026 Via NYSCEF Hon. Phaedra F. Perry-Bond New York Supreme Court 60 Centre Street, Courtroom 252 New York, New York 10007 Dear Justice Perry-Bond: Re: — Jane Doe y. Cornell University, et al. Index No. 161704/2026 Our firm represents Cornell University in the above-referenced matter, and we write regarding Jane Doe’s pending application for permission to proceed by pseudonym, see NYSCEF Dkt. 2-5, and Defendant Diego Sarabia’s application for an order restraining certain statements and disclosures. See NYSCEF Dkt. 48-50. Cornell does not oppose Plaintiff's application to proceed by pseudonym and supports all reasonable measures to preserve her anonymity and privacy. We note that in Plaintiff's affirmation, she requests “a partial Attorneys’ Eyes Only (AEO) designation as to my sensitive personal information including my date of birth, SSN, residential address, phone number, and email address.” Dkt. 4 § 10. Cornell also has no objection to that request, and we welcome further discussion with all counsel regarding an appropriate protective order to govern this litigation. In fact, Cornell respectfully suggests that the relief requested by Jane Doe be broadened to ensure it also protects the sensitive personal information of non-parties to this action, including their identities. To investigate complaints of sexual misconduct, universities rely on the willingness of reporting parties and witnesses to come forward, share what they know regarding highly sensitive events, and, ultimately, testify in Title IX hearings. Any future protective order should include appropriate safeguards to protect the privacy of these witnesses as well. With respect to Defendant Sarabia’s application, Cornell fully supports efforts by the Court and the parties to “bring[] the temperature down” as stated in Your Honor’s October 9, 2026 Order. NYSCEF Dkt. 44. For the most part, Cornell has no objection to the relief requested in the Order to Show Cause, but certain modifications to the order are necessary, given that Cornell is not an individual but an institution with myriad current and future reporting and other disclosure obligations. The relief currently requested in Sarabia’s application could be The Guaranty Building, 140 Pearl Street, Suite 100 | Buffalo, New York 14202 | 716.856.4000 | hodgsonruss.com Albany @ Buffalo ™ Greensboro ™ New Jersey ™ New York ™ Palm Beach @ Rochester ™ Saratoga Springs ™ Toronto 1 of 2 1/2