PDF · PUBLIC LIBRARY #400

ORDER TO SHOW CAUSE (PROPOSED) WITH TRO (Motion #002) *Corrected*

NYSCEF document #48 | Filed: 2026-10-09 | Filed by: KNOX, JAMES CRAIG Filed: Received: | Docket status: Processed Confirmation Notice | Source: NYSCEF, New York County Supreme Court | SHA-256: 48b4be6dcc1f1818f0d0ff2b78269585ef6995bd9e49fbfa021c30caa41e2042

File: NYSCEF-Document-000048.pdf · 0.12 MB
SHA-256: 48b4be6dcc1f1818f0d0ff2b78269585ef6995bd9e49fbfa021c30caa41e2042
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OCR / extracted text

--- Page 1 --- 1 At ___________ of the Supreme Court of the State of New York County of New York, held at the Courthouse located at 60 Centre Street, New York, NY 10007 on the _____ day of October, 2026 PRESENT: HONORABLE PHAEDRA F. PERRY-BOND, J.S.C. STATE OF NEW YORK SUPREME COURT COUNTY OF NEW YORK ----------------------------------------------------------------------- JANE DOE, ORDER TO SHOW CAUSE Plaintiff, -against- Index No. 161704/2026 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. --------------------------------------------------------------------- Upon reading and filing the annexed Affirmation of James C. Knox, Esq. and Alishah E. Bhimani, Esq. of the law firm of HACKER MURPHY, LLP, attorneys for Defendant DIEGO SARABIA, dated October 13, 2026, together with the exhibits annexed thereto, the accompanying Memorandum of Law, and all prior pleadings and proceedings had herein, and sufficient cause appearing therefor, it is hereby: ORDERED, that ALL PARTIES show cause before the Honorable Phaedra F. Perry- Bond, J.S.C., at IAS Part _____, Room _____, of the Supreme Court of the State of New York, --- Page 2 --- 2 County of New York, located at 60 Centre Street, New York, New York, on the _____ day of October 2026, at _____ am/pm, or as soon thereafter as counsel may be heard, why an Order should not be entered granting the following relief: 1. Restraining extrajudicial statements. Directing all parties, their respective attorneys, and other legal representatives to refrain from making extrajudicial statements concerning this action that they know, or reasonably should know, will be disseminated by means of public communication and that have a substantial likelihood of materially prejudicing the adjudicative process in this action; 2. Restraining indirect or authorized public statements. Directing all parties, their respective attorneys, and other legal representatives not to make, authorize, encourage, or cause any public or media statement concerning this action to be made that would violate the restrictions set forth herein if made by an attorney participating in this action; 3. Restricting disclosure of specified information. Prohibiting all parties, their respective attorneys, and other legal representatives from publicly disclosing, republishing, or disseminating the following information, subject to the exceptions set forth below: a. Any residential address or other nonpublic personal identifying information concerning any party, witness, alleged victim, or nonparty; b. Materials produced in discovery that have not been filed in a publicly accessible court record; c. Statements concerning the expected testimony, character, credibility, reputation, or personal history of any party or witness, where such statements create a substantial likelihood of materially prejudicing the adjudication of this action; d. The contents or purported contents of any nonpublic statement, communication, examination, test, investigative material, or physical evidence that may be offered in this action, where disclosure creates a substantial likelihood of materially prejudicing the adjudication of this action; and --- Page 3 --- 3 e. Any statement inviting, encouraging, or facilitating threats, harassment, intimidation, doxing, or extrajudicial contact directed toward any party, witness, counsel, juror, prospective juror, or nonparty; 4. Exceptions to the requested restrictions. Providing that the foregoing restrictions shall not prohibit: a. Statements made in open court or in papers properly filed with the Court; b. Communications reasonably necessary to investigate, prosecute, defend, or resolve this action; c. Communications required by law, court order, insurance obligations, or applicable institutional reporting requirements; d. Statements permitted under Rule 3.6(c) of the New York Rules of Professional Conduct, provided that such statements otherwise comply with Rule 3.6(a); e. A narrowly limited statement permitted under Rule 3.6(d) of the New York Rules of Professional Conduct and reasonably necessary to mitigate substantial prejudicial effects caused by recent publicity not initiated by the responding attorney or client; and f. Good-faith reports of threats, harassment, intimidation, or unlawful conduct to law-enforcement authorities or the Court; 5. Duration of restrictions. Directing that the restrictions imposed by the resulting Order remain in effect until the completion of trial or further order of the Court; and it is further ORDERED, that, pending the hearing and determination of this application by the Court, all parties, their respective attorneys, and other legal representatives shall abide by the restrictions set forth above; and it is further ORDERED, that service of a copy of this Order to Show Cause, together with the papers upon which it is based, upon those parties who have appeared in this action shall be made by electronic mail or facsimile, and that service upon any defendant who has not appeared shall be made by certified mail, return receipt requested, addressed to such defendant at his or her last --- Page 4 --- 4 known address, in each case on or before the _____ day of October 2026, and such service shall be deemed good and sufficient service; and it is further ORDERED, that answering papers, if any, shall be served and filed on or before the _____ day of __________________, 2026, and reply papers, if any, shall be served and filed on or before the _____ day of _____________________, 2026, in accordance with the directions of the Court. Dated: Entered: __________________________________ Honorable Phaedra F. Perry-Bond, J.S.C.
PUBLIC DISCUSSION

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