Cornell fraternity member Diego Sarabia asks court to dismiss Jane Doe lawsuit claims against him

Mixed · 2Diego Sarabia, a defendant in a civil suit brought by a former Cornell University student identified as Jane Doe, filed a motion on Friday asking a New York state court to dismiss all claims against him. 1 2 Left · 1Sarabia, a member of the Chi Phi fraternity, was one of seven men originally sued by Doe for allegedly participating in a gang rape at the Chi Phi house from Oct. 19 to 20, 2024. 1 Mixed · 2Doe alleges Sarabia grabbed her face and kissed her without consent and snorted ketamine off her body with other fraternity members in the house's "alumni room." 1 2

Mixed · 2Sarabia denies the allegations, according to the filing. His attorneys argue that even if the complaint's facts are accepted as true, the claims were filed too late, are legally insufficient, or both. 1 2 Mixed · 2His attorney, James C. Knox, wrote that "this is essentially a lawsuit about a forced kiss," and that the roughly 600-paragraph complaint accuses the seven defendants collectively without differentiation. Knox said it does not allege Sarabia supplied drugs or alcohol, took part in the other alleged sexual encounters, or was present for most of the conduct. 1 2 Mixed · 2Knox argued the assault, battery and intentional infliction of emotional distress claims fall under a one-year statute of limitations and that the conduct alleged against Sarabia does not qualify for the extensions Doe cited. 1 2

Mixed · 2Doe's attorney Thomas Giuffra declined to comment to NBC News on Sunday; Hindustan Times reported that Doe's side had not yet responded to the motion. Giuffra previously agreed to withdraw claims against the then-acting president of the fraternity chapter. 1 2 Centre · 1Hindustan Times reported that a New York judge, Phaedra Perry-Bond, had a week earlier denied a gag-order request from Sarabia's attorney, calling it a "side show" meant to "muddy the waters." It also cited TMZ sources saying Sarabia was fired from a Wells Fargo job in Charlotte, North Carolina. 2 Left · 1The case has prompted calls for a reckoning at Cornell. The university's trustees hired former Deputy Attorney General Sally Yates to lead an independent review of its handling of sexual misconduct; an internal investigation led to two expulsions. 1

Mixed · 2Tompkins County District Attorney Matthew Van Houten declined to bring charges in November 2024, citing a statement in which Doe described some conduct as consensual. Gov. Kathy Hochul called that evaluation inadequate and appointed Attorney General Letitia James as special prosecutor; two accused men are seeking to disqualify James, arguing she prejudged the case, and those challenges are pending. 1 2