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Opportunity for a law firm or a licensed U.S. Attorney.
The lawsuits are currently pending in the Southern District of New York Federal Court, and the Second Circuit U.S. Court of Appeals.
COMPENSATION 1. Crowd Justice campaign or
2. Contingent or Success Fee or
3. Pro Bono
The plaintiff has asked the Court for damages totaling $5,000,000.
The case is an education/civil rights suit involving Title IX. Defendants are a law school and several individuals employed by the school, represented by Venable LLP. PROCEDURAL POSTURE
Southern District of New York Federal Court Caption: Bailey v. New York Law School, Anthony Crowell, Barbara Graves-Poller, David Schoenbrod, Ella Mae Estrada, case no. 16-CV-04283
April 2016 Plaintiff filed suit in New York Supreme Court April 2016
July 2016 Case was transferred to the S.D.N.Y. Federal Court, and assigned to Judge E. Ramos
December 2017 Court Order permitted plaintiff’s case to proceed
January 2018 Court issued a discovery schedule, plaintiff filed notice of intent to appeal the December Order (Order dismissed parties and claims from the case)
March 2018 Plaintiff submitted first set of interrogatories and document production requests – discovery is actively ongoing (responses due by April 9, 2018)
Defendants submitted to plaintiff first set of interrogatories and document production requests after the Court's deadline
Second Circuit Court of Appeals Caption: Bailey v. New York Law School, case no. 18-252
January 2018 Plaintiff’s notice of appeal and trial court record was sent to the Second Circuit Court and docketed
March 2018 Plaintiff is awaiting pre-trial conference records from the lower court
Case Summary
October 2014 plaintiff was assaulted on the campus of New York Law School by a white male student, visibly under the influence of a powerful drug. The male's conduct towards women was known to the university at the time that plaintiff was assaulted. The school's response violated the plaintiff's rights, and the Court's March and December Orders insulates a bad-acting law school, lawyers, and attorneys from taking responsibilities for acts that should be subject to criminal prosecution. Developments and Insights The plaintiff’s health is an ongoing concern as a result of injuries stemming from the case. The defendants and their counsel have largely benefited from the plaintiff’s weakened state, which impacts her ability to represent herself (although she intends to fight to the end of the case). The plaintiff is now taking several steps to protect her ongoing interest in the case, including seeking representation willing to pursue a wrongful death action against New York Law School, Anthony Crowell, Deborah Archer, Barbara Graves-Poller, David Schoenbrod, Ella Mae Estrada, Jeffery Becherer, Howard Meyers, Erika Wood, Victoria Eastus, and Oral Hope--if plaintiff does not survive. But also to successfully and favorably resolve the matter. This is a plaintiff who has documented her efforts to resolve the matter outside of court, and who has previously sought aid from or reported her injuries to the
White House
Mayor de Blasio
New York Law School (the site where plaintiff was harmed)
The Board of Education's Office of Civil Rights
The Police Department
The Manhattan DA's Office
The New York Attorney General's Office
The Legal Grievance Committee (oversees lawyers' conduct)
The American Bar Association
Various attorneys
The Southern District of New York's Pro Bono program
Time's Up initiative's legal program (operated by the National Women's Law Center)
Additionally, plaintiff launched a
GoFundme,
Change.org petition,
Plaintiff has created a donations campaign via Crowd Justice
These efforts are meant to ensure that no woman's injuries go un-redressed due to political, social, or economic issues in the U.S. The plaintiff is a U.S. born Marine veteran, women of color, marathon runner, and dancer, who has never been in trouble with the law. The drug-using man who attacked her, Stephen Nesbit, is in his late 30s and now possesses a law degree. Nesbit had been reported by other women to the law school.
Email: theresa.g.bailey@gmail.com
