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

            *Corrected*

Source: https://lucycraig.blog/media/400
File: NYSCEF-Document-000048.pdf
Format: application/pdf
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
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## OCR / extracted text

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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,

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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

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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

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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.

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