{"@context":"https://schema.org","@type":"DigitalDocument","altText":"ORDER TO SHOW CAUSE (PROPOSED) WITH TRO (Motion #002)\r\n\r\n            *Corrected*","alternateName":"NYSCEF-Document-000048.pdf","caption":"NYSCEF document #48 | Filed: 2026-10-09 | Filed by: KNOX, JAMES CRAIG Filed:  Received: | Current docket status: Processed Confirmation Notice | Court: New York County Supreme Court","contentUrl":"https://lucycraig.blog/media/400/raw","datePublished":"2026-10-15T18:45:41+00:00","description":"NYSCEF document #48 | Filed: 2026-10-09 | Filed by: KNOX, JAMES CRAIG Filed:  Received: | Current docket status: Processed Confirmation Notice | Court: New York County Supreme Court","encodingFormat":"application/pdf","identifier":"400","isAccessibleForFree":true,"machineReadable":{"json":"https://lucycraig.blog/media/400/index.json","markdown":"https://lucycraig.blog/media/400/index.md"},"name":"ORDER TO SHOW CAUSE (PROPOSED) WITH TRO (Motion #002)\r\n\r\n            *Corrected*","ocrStatus":"ready","ocrText":"--- Page 1 ---\n1 \n \n \n \n \n \n \n \n \nAt ___________ of the Supreme Court of  \n \n \n \n \n \n \n \nthe State of New York County of New York, \n \n \n \n \n \n \n \nheld at the Courthouse located at 60 Centre  \n \n \n \n \n \n \n \nStreet, New York, NY 10007 on the _____  \n \n \n \n \n \n \n \nday of October, 2026 \n \nPRESENT: \nHONORABLE PHAEDRA F. PERRY-BOND, J.S.C. \n \nSTATE OF NEW YORK \n \nSUPREME COURT  \nCOUNTY OF NEW YORK \n----------------------------------------------------------------------- \n \nJANE DOE,  \n \n \n \n \n \nORDER TO SHOW CAUSE \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 \nUpon reading and filing the annexed Affirmation of James C. Knox, Esq. and Alishah E. \nBhimani, Esq. of the law firm of HACKER MURPHY, LLP, attorneys for Defendant DIEGO \nSARABIA, dated October 13, 2026, together with the exhibits annexed thereto, the accompanying \nMemorandum of Law, and all prior pleadings and proceedings had herein, and sufficient cause \nappearing therefor, it is hereby: \n \nORDERED, that ALL PARTIES show cause before the Honorable Phaedra F. Perry-\nBond, J.S.C., at IAS Part _____, Room _____, of the Supreme Court of the State of New York,\n\n--- Page 2 ---\n2 \n \nCounty of New York, located at 60 Centre Street, New York, New York, on the _____ day of \nOctober 2026, at _____ am/pm, or as soon thereafter as counsel may be heard, why an Order \nshould not be entered granting the following relief: \n \n1. \nRestraining extrajudicial statements. Directing all parties, their respective \nattorneys, and other legal representatives to refrain from making extrajudicial statements \nconcerning this action that they know, or reasonably should know, will be disseminated by means \nof public communication and that have a substantial likelihood of materially prejudicing the \nadjudicative process in this action; \n \n2. \nRestraining indirect or authorized public statements. Directing all parties, their \nrespective attorneys, and other legal representatives not to make, authorize, encourage, or cause \nany public or media statement concerning this action to be made that would violate the restrictions \nset forth herein if made by an attorney participating in this action; \n \n3. \nRestricting disclosure of specified information. Prohibiting all parties, their \nrespective attorneys, and other legal representatives from publicly disclosing, republishing, or \ndisseminating the following information, subject to the exceptions set forth below: \n \n \na. \nAny residential address or other nonpublic personal identifying  \n \n \n \n \ninformation concerning any party, witness, alleged victim, or nonparty; \n \n \n \nb. \nMaterials produced in discovery that have not been filed in a publicly  \n \n \n \naccessible court record; \n \n \n \nc. \nStatements concerning the expected testimony, character, credibility,  \n \n \n \nreputation, or personal history of any party or witness, where such   \n \n \n \nstatements create a substantial likelihood of materially prejudicing the  \n \n \n \nadjudication of this action; \n \n \n \nd. \nThe contents or purported contents of any nonpublic statement,  \n \n \n \n \ncommunication, examination, test, investigative material, or physical  \n \n \n \nevidence that may be offered in this action, where disclosure creates a  \n \n \n \nsubstantial likelihood of materially prejudicing the adjudication of this  \n \n \n \naction; and\n\n--- Page 3 ---\n3 \n \n \n \n \ne. \nAny statement inviting, encouraging, or facilitating threats, harassment,  \n \n \n \nintimidation, doxing, or extrajudicial contact directed toward any party,  \n \n \n \nwitness, counsel, juror, prospective juror, or nonparty; \n \n \n4. \nExceptions to the requested restrictions. Providing that the foregoing restrictions \nshall not prohibit: \n \n \na. \nStatements made in open court or in papers properly filed with the Court; \n \n \n \nb. \nCommunications reasonably necessary to investigate, prosecute, defend,  \n \n \n \nor resolve this action; \n \n \n \n \nc. \nCommunications required by law, court order, insurance obligations, or  \n \n \n \napplicable institutional reporting requirements; \n \n \n \nd. \nStatements permitted under Rule 3.6(c) of the New York Rules of   \n \n \n \nProfessional Conduct, provided that such statements otherwise comply  \n \n \n \nwith Rule 3.6(a); \n \n \n \ne. \nA narrowly limited statement permitted under Rule 3.6(d) of the New  \n \n \n \nYork Rules of Professional Conduct and reasonably necessary to mitigate  \n \n \n \nsubstantial prejudicial effects caused by recent publicity not initiated by  \n \n \n \nthe responding attorney or client; and \n \n \n \nf. \nGood-faith reports of threats, harassment, intimidation, or unlawful  \n \n \n \nconduct to law-enforcement authorities or the Court; \n \n \n5. \nDuration of restrictions. Directing that the restrictions imposed by the resulting \nOrder remain in effect until the completion of trial or further order of the Court; and it is further \n \nORDERED, that, pending the hearing and determination of this application by the Court, \nall parties, their respective attorneys, and other legal representatives shall abide by the restrictions \nset forth above; and it is further  \n \nORDERED, that service of a copy of this Order to Show Cause, together with the papers \nupon which it is based, upon those parties who have appeared in this action shall be made by \nelectronic mail or facsimile, and that service upon any defendant who has not appeared shall be \nmade by certified mail, return receipt requested, addressed to such defendant at his or her last\n\n--- Page 4 ---\n4 \n \nknown address, in each case on or before the _____ day of October 2026, and such service shall \nbe deemed good and sufficient service; and it is further \n \nORDERED, that answering papers, if any, shall be served and filed on or before the _____ \nday of __________________, 2026, and reply papers, if any, shall be served and filed on or before \nthe _____ day of _____________________, 2026, in accordance with the directions of the Court. \nDated: \nEntered: \n \n \n \n \n \n \n \n \n \n__________________________________ \n \n \n \n \n \n \n \nHonorable Phaedra F. Perry-Bond, J.S.C.","text":"--- Page 1 ---\n1 \n \n \n \n \n \n \n \n \nAt ___________ of the Supreme Court of  \n \n \n \n \n \n \n \nthe State of New York County of New York, \n \n \n \n \n \n \n \nheld at the Courthouse located at 60 Centre  \n \n \n \n \n \n \n \nStreet, New York, NY 10007 on the _____  \n \n \n \n \n \n \n \nday of October, 2026 \n \nPRESENT: \nHONORABLE PHAEDRA F. PERRY-BOND, J.S.C. \n \nSTATE OF NEW YORK \n \nSUPREME COURT  \nCOUNTY OF NEW YORK \n----------------------------------------------------------------------- \n \nJANE DOE,  \n \n \n \n \n \nORDER TO SHOW CAUSE \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 \nUpon reading and filing the annexed Affirmation of James C. Knox, Esq. and Alishah E. \nBhimani, Esq. of the law firm of HACKER MURPHY, LLP, attorneys for Defendant DIEGO \nSARABIA, dated October 13, 2026, together with the exhibits annexed thereto, the accompanying \nMemorandum of Law, and all prior pleadings and proceedings had herein, and sufficient cause \nappearing therefor, it is hereby: \n \nORDERED, that ALL PARTIES show cause before the Honorable Phaedra F. Perry-\nBond, J.S.C., at IAS Part _____, Room _____, of the Supreme Court of the State of New York,\n\n--- Page 2 ---\n2 \n \nCounty of New York, located at 60 Centre Street, New York, New York, on the _____ day of \nOctober 2026, at _____ am/pm, or as soon thereafter as counsel may be heard, why an Order \nshould not be entered granting the following relief: \n \n1. \nRestraining extrajudicial statements. Directing all parties, their respective \nattorneys, and other legal representatives to refrain from making extrajudicial statements \nconcerning this action that they know, or reasonably should know, will be disseminated by means \nof public communication and that have a substantial likelihood of materially prejudicing the \nadjudicative process in this action; \n \n2. \nRestraining indirect or authorized public statements. Directing all parties, their \nrespective attorneys, and other legal representatives not to make, authorize, encourage, or cause \nany public or media statement concerning this action to be made that would violate the restrictions \nset forth herein if made by an attorney participating in this action; \n \n3. \nRestricting disclosure of specified information. Prohibiting all parties, their \nrespective attorneys, and other legal representatives from publicly disclosing, republishing, or \ndisseminating the following information, subject to the exceptions set forth below: \n \n \na. \nAny residential address or other nonpublic personal identifying  \n \n \n \n \ninformation concerning any party, witness, alleged victim, or nonparty; \n \n \n \nb. \nMaterials produced in discovery that have not been filed in a publicly  \n \n \n \naccessible court record; \n \n \n \nc. \nStatements concerning the expected testimony, character, credibility,  \n \n \n \nreputation, or personal history of any party or witness, where such   \n \n \n \nstatements create a substantial likelihood of materially prejudicing the  \n \n \n \nadjudication of this action; \n \n \n \nd. \nThe contents or purported contents of any nonpublic statement,  \n \n \n \n \ncommunication, examination, test, investigative material, or physical  \n \n \n \nevidence that may be offered in this action, where disclosure creates a  \n \n \n \nsubstantial likelihood of materially prejudicing the adjudication of this  \n \n \n \naction; and\n\n--- Page 3 ---\n3 \n \n \n \n \ne. \nAny statement inviting, encouraging, or facilitating threats, harassment,  \n \n \n \nintimidation, doxing, or extrajudicial contact directed toward any party,  \n \n \n \nwitness, counsel, juror, prospective juror, or nonparty; \n \n \n4. \nExceptions to the requested restrictions. Providing that the foregoing restrictions \nshall not prohibit: \n \n \na. \nStatements made in open court or in papers properly filed with the Court; \n \n \n \nb. \nCommunications reasonably necessary to investigate, prosecute, defend,  \n \n \n \nor resolve this action; \n \n \n \n \nc. \nCommunications required by law, court order, insurance obligations, or  \n \n \n \napplicable institutional reporting requirements; \n \n \n \nd. \nStatements permitted under Rule 3.6(c) of the New York Rules of   \n \n \n \nProfessional Conduct, provided that such statements otherwise comply  \n \n \n \nwith Rule 3.6(a); \n \n \n \ne. \nA narrowly limited statement permitted under Rule 3.6(d) of the New  \n \n \n \nYork Rules of Professional Conduct and reasonably necessary to mitigate  \n \n \n \nsubstantial prejudicial effects caused by recent publicity not initiated by  \n \n \n \nthe responding attorney or client; and \n \n \n \nf. \nGood-faith reports of threats, harassment, intimidation, or unlawful  \n \n \n \nconduct to law-enforcement authorities or the Court; \n \n \n5. \nDuration of restrictions. Directing that the restrictions imposed by the resulting \nOrder remain in effect until the completion of trial or further order of the Court; and it is further \n \nORDERED, that, pending the hearing and determination of this application by the Court, \nall parties, their respective attorneys, and other legal representatives shall abide by the restrictions \nset forth above; and it is further  \n \nORDERED, that service of a copy of this Order to Show Cause, together with the papers \nupon which it is based, upon those parties who have appeared in this action shall be made by \nelectronic mail or facsimile, and that service upon any defendant who has not appeared shall be \nmade by certified mail, return receipt requested, addressed to such defendant at his or her last\n\n--- Page 4 ---\n4 \n \nknown address, in each case on or before the _____ day of October 2026, and such service shall \nbe deemed good and sufficient service; and it is further \n \nORDERED, that answering papers, if any, shall be served and filed on or before the _____ \nday of __________________, 2026, and reply papers, if any, shall be served and filed on or before \nthe _____ day of _____________________, 2026, in accordance with the directions of the Court. \nDated: \nEntered: \n \n \n \n \n \n \n \n \n \n__________________________________ \n \n \n \n \n \n \n \nHonorable Phaedra F. Perry-Bond, J.S.C.","thumbnailUrl":"https://lucycraig.blog/media/400/thumb.webp","transcriptStatus":"not_applicable","transcriptText":"","url":"https://lucycraig.blog/media/400"}
