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NOTICE OF ENTRY

NYSCEF document #45 | Filed: 2026-10-09 | Filed by: GIUFFRA, THOMAS P Filed: Received: | Docket status: Processed Confirmation Notice | Source: NYSCEF, New York County Supreme Court | SHA-256: eb4c1eb88630416a87ccf4786cee813f4767cda7b071801f9df824dfb453a92a

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--- Page 1 --- 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JANE DOE, Index No.: 161704/2026 ORDER WITH NOTICE OF ENTRY Plaintiff, -against- CORNELL UNIVERSITY, INC., CHI PHI CHAPTER HOUSE ASSOCIATION, CHI PHI FRATERNITY, INC., CHI PHI EDUCATIONAL TRUST, ALPHA BETA HOUSE CORPORATION OF DELTA DELTA DELTA, DELTA DELTA DELTA SORORITY, ZAREEN ENTERPRISE LLC d/b/a MOONIES BAR & NIGHTCLUB, MATTHEW INGALLS, JOHNATHAN NEWELL, WINSTON LEE, GILLIO LOPES, DIEGO SARABIA, SCOTT NORRIS, SCOTT KRETZSCHMAR, JOHN DOE (FACULTY), JOHN DOE (ALUMNI), JOHN DOES (EXECUTIVE BOARD), and ORAZIO PETITO, Defendants. COUNSELORS: PLEASE TAKE NOTICE, that annexed hereto, is a true copy of the Sua Sponte Decision and Order of the Honorable Phaedra F. Perry-Bond, Justice of the Supreme Court, New York County, dated October 9, 2026 and duly entered in the office of the Clerk of the Supreme Court, New York County on October 9, 2026. Dated: New York, New York October 9, 2026 RHEINGOLD GIUFFRA RUFFO PLOTKIN & HELLMAN LLP Attorneys for Plaintiff By: _____________________________ Thomas P. Giuffra, Esq. 551 Fifth Avenue, 29th Floor New York, NY 10176 FILED: NEW YORK COUNTY CLERK 10/09/2026 02:28 PM INDEX NO. 161704/2026 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 10/09/2026 1 of 8 --- Page 2 --- 2 (212) 684-1880 TO: THE LAMA LAW FIRM, LLP Attorneys for the Defendant Zareen Enterprise, LLC, d/b/a Moonies Bar and Nightclub 2343 North Triphammer Road Ithaca, New York 14850 NESENOFF & MILTENBERG, LLP Attorneys for Defendant Gillio Lopes 363 Seventh Avenue, 5th Floor New York, New York 10001 HACKER MURPHY, LLP Attorneys for Defendant Diego Sarabia 22 Corporate Woods Blvd., Suite 404 Albany, New York 12211 BUSHELL, SOVAK, KANE & SASH LLP Attorneys for Defendant Scott Kretzschmar 274 Madison Avenue Suite 1401 New York, New York 10016 SALAND LAW P.C. Attorneys for Defendant Scott Kretzschmar 274 Madison Avenue Suite 1401 New York, New York 10016 ERIC R. BERNSTEIN, P.C Attorney for Defendant Orazio Petito 260 Madison Avenue 15th floor New York, New York 10016 FILED: NEW YORK COUNTY CLERK 10/09/2026 02:28 PM INDEX NO. 161704/2026 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 10/09/2026 2 of 8 --- Page 3 --- 3 DEFENDANTS WHO HAVE NOT APPEARED: Cornell University, Inc. Chi Phi Chapter House Association Chi Phi Fraternity, Inc. Chi Phi Educational Trust Alpha Beta House Corporation of Delta Delta Delta Delta Delta Delta Sorority Matthew Ingalls Johnathan Newell Winston Lee Scott Norris John Doe (Faculty) John Doe (Alumni) John Does (Executive Board) Addresses omitted pursuant to the Court's sealing and redaction order dated October 9, 2026. FILED: NEW YORK COUNTY CLERK 10/09/2026 02:28 PM INDEX NO. 161704/2026 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 10/09/2026 3 of 8 --- Page 4 --- SUPREMECOURTOFTHESTATEOFNEWYORK NEWYORKCOUNTY PRESENT: HON. PHAEDRAF. PERRY-BOND PART 35 Justice ______________________________________________Ç JANEDOE, INDEXNO. 161704/2026 Plaintiff, - v - CORNELLUNIVERSITY, INC.,CHI PHI CHAPTERHOUSE Sua Sponte Decision and Order ASSOCIATION, CHI PHI FRATERNITY, INC.,CHI PHI Directing Sealing of Certain EDUCATIONALTRUST, ALPHABETAHOUSE Documents CORPORATIONOFDELTADELTADELTA, DELTADELTA DELTASORORITY, ZAREENENTERPRISE LLC,MATTHEWINGALLS, JOHNATHANNEWELL, WINSTONLEE, GILLIO LOPES, DIEGOSARABIA, SCOTT NORRIS, SCOTTKRETZSCHMAR,JOHNDOE, JOHN DOE, JOHNDOES, and ORAZIOPETITO, Defendants. ______________________________________________Ç The Court, on its own motion, sua sponte directs the County Clerk to seal NYSCEFDoes. 1, 6, 7, and 22, which contain the parties' purported addresses, and in the case of NYSCEFDoc. 6, erroneously listed a non-party's address. Once those documents are sealed, plaintiff is directed to refile redacted versions of those documents omitting the parties' addresses. Ordinarily, the Court does not sua sponte seal public documents due to the presumption of openness in civil litigation. However, the extraordinary events which have followed the filing of this action warrant this relief. The First Department has held that trial courts must exercise their discretion to limit the public nature of proceedings sparingly, and only when unusual circumstances so require (Anonymous v Anonymous, 27 AD3d356, 361 [1st Dept 2006]). That is because court dockets are presumptively open to the public. The presumption of openness exists for several reasons: it is believed that open proceedings are a disinfectant against injustice, incompetence, perjury, and Pan 1 oM FILED: NEW YORK COUNTY CLERK 10/09/2026 12:13 PM INDEX NO. 161704/2026 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 10/09/2026 1 of 3 FILED: NEW YORK COUNTY CLERK 10/09/2026 02:28 PM INDEX NO. 161704/2026 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 10/09/2026 4 of 8 --- Page 5 --- fraud (Danco Laboratories, Ltd v Chemical Works of GedeonRichter, Ltd, 274 AD2d 1, 7 [1st Dept 2000]). Thus, when considering whether to seal certain documents, the Court must "use its discretion in balancing [parties'] privacy interest[s] against the presumption in favor of open trials." (Anonymous v Lerner, 124 AD3d487 [1st Dept 2015]). In this case, unusual circumstances certainly require sealing certain documents, including a request for judicial intervention filed by the plaintiff, in which a purportedly erroneous address has been included leading a non-party's family to be threatened and doxed.1 This Court strongly condemns the reported acts of threats and doxing, which can only be characterized as brash, reckless, and ultimately dangerous internet vigilantism. Our society has developed procedures and legal mechanisms over the course of centuries to ensure justice and due process are afforded to all. Whencertain actors decide to work outside those robust and developed frameworks, innocent people often get hurt. That is precisely what has happened here. Certain "vigilantes" have used an erroneous address to inundate a former marine and his family with threats, simply because of a name shared with a defendant in this case. That behavior must cease immediately, is completely unacceptable, and provides more than ample cause to seal certain documents on this Court's docket. The Court takes the complaint's allegations extremely seriously and appreciates attorneys' zealous advocacy on behalf of all parties. However, everyone involved, be it the public, parties, or their attorneys, needs to do their part in bringing the temperature down before someonegets hurt. This Court holds the rule of law and due process sacrosanct and deeply appreciates that public debate on pertinent issues is a quintessential cornerstone of our democracy. However, public debate should never become so heated that people engage in misguided vigilantism to the point 1 Doxing is the publishing of private or identifying information about a particular individual on the internet, typically with malicious intent. Page 2 of 3 FILED: NEW YORK COUNTY CLERK 10/09/2026 12:13 PM INDEX NO. 161704/2026 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 10/09/2026 2 of 3 FILED: NEW YORK COUNTY CLERK 10/09/2026 02:28 PM INDEX NO. 161704/2026 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 10/09/2026 5 of 8 --- Page 6 --- that individuals, whether a party to litigation or mistakenly identified as a party, becomeinundated with malicious threats, or even worse, are physically harmed. In that situation, which is the point we are reaching here, the legal processes we as a society subscribe to are impeded. Therefore, the Court sua sponte directs the County Clerk to seal NYSCEFDocs. 1, 6-7 and 22 as those documents contain personal identifying information of parties and non-parties which have been used by certain observers to maliciously threaten and intimidate.2 Accordingly, it is hereby, ORDERED that the Court sua sponte seals seal NYSCEFDoes. 1, 6-7 and 22 in accordance with the accompanying sealing order; and it is further ORDERED that plaintiff is directed to re-file redacted versions of NYSCEFDoes. 1, 6-7 and 22 with the parties' purported addresses redacted from those documents; and it is further ORDERED that upon notice of entry of this decision and order and the accompanying sealing order, the County Clerk shall immediately seal NYSCEFDoes. 1, 6-7 and 22. This constitutes the Decision and Order of the Court DATE HON.PHAEDRA F. PERRY-BOND,J.S.C. CHECKONE: CASEDISPOSED x NON-FINALDISPOSITION GRANTED DENIED GRANTED IN PART OTHER APPLICATION: SETTLEORDER SUBMITORDER CHECK IF APPROPRIATE: INCLUDESTRANSFER/REASSIGN FIDUCIARYAPPOINTMENT REFERENCE 2 The Court is mindful that this information is highly likely to already be disseminated on the intemet. However, the Court issues this decision and order to do its part in mitigating the risk of harm and to caution all involved, whether parties or not, to act accordingly. Page 3 of 3 FILED: NEW YORK COUNTY CLERK 10/09/2026 12:13 PM INDEX NO. 161704/2026 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 10/09/2026 3 of 3 FILED: NEW YORK COUNTY CLERK 10/09/2026 02:28 PM INDEX NO. 161704/2026 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 10/09/2026 6 of 8 --- Page 7 --- SUPREMECOURTOFTHESTATEOFNEWYORK NEWYORKCOUNTY PRESENT: HON. PHAEDRAF. PERRY-BOND PART 35 Justice ______________________________________Ç JANEDOE, INDEXNO. 161704/2026 Plaintiff, - v - CORNELLUNIVERSITY, INC.,CHI PHI CHAPTERHOUSE ASSOCIATION, CHI PHI FRATERNITY, INC.,CHI PHI EDUCATIONALTRUST, ALPHABETAHOUSE CORPORATIONOFDELTADELTADELTA, DELTADELTA DELTASORORITY,ZAREENENTERPRISE LLC,MATTHEWINGALLS, JOHNATHANNEWELL, WINSTONLEE, GILLIO LOPES, DIEGOSARABIA, SCOTT NORRIS, SCOTTKRETZSCHMAR,JOHNDOE, JOHN DOE, JOHNDOES, and ORAZIOPETITO, Defendants. ________________________________________Ç As explained in the accompanying memorandum opinion the court, having determined, in accordance with Part 216 of the Uniform Rules for the Trial Courts, that good cause exists for the sealing in part of the file in this action and the grounds therefore having been specified, it is now ORDERED that the Clerk of the Court is directed, upon notification of this order from the Court's staff, to immediately seal NYSCEFDoc. 1 (the summonsand complaint), NYSCEFDoc. 6 (the request for judicial intervention), NYSCEFDoc. 7 (the addendumto the request for judicial intervention), and NYSCEFDoc. 22 (the amended request for judicial intervention), and to separate these documents and to keep them separate from the balance of the file in this action; and it is further SEALING ORDER- NON-MOTION Pane1of2 INDEX NO. 161704/2026 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 10/09/2026 1 of 2 FILED: NEW YORK COUNTY CLERK 10/09/2026 02:28 PM INDEX NO. 161704/2026 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 10/09/2026 7 of 8 --- Page 8 --- ORDERED that thereafter, or until further order of the court, the Clerk of the Court shall deny access to the said sealed documents to anyone (other than the staff of the Clerk or the court) except for counsel of record for any party to this case and any party. DATE: 10/9/2026 PHAEDRAF. PERRY-BOND,JSC Check One: Case Disposed Non-Final Disposition Check if Appropriate: Other (Specify Sealing Order ) Page 2 of 2 INDEX NO. 161704/2026 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 10/09/2026 2 of 2 FILED: NEW YORK COUNTY CLERK 10/09/2026 02:28 PM INDEX NO. 161704/2026 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 10/09/2026 8 of 8
PUBLIC DISCUSSION

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