DOE NO. 62 v. INDIANA UNIVERSITY BLOOMINGTON et al

Filing 149

ORDER OF CERTIFICATION - During its consideration of Defendant Delta Tau Delta Beta Alpha Chapter's Motion for Summary Judgment, [Filing No. 121], the Court determined that several issues of unsettled state law control the disposition of Ms. Doe's remaining negligence claims. Accordingly, and for the reasons stated in that order, the Court hereby certifies the questions contained herein to the Indiana Supreme Court pursuant to Indiana Rule of Appellate Procedure 64. The Clerk is directed to forward this Order of Certification to the Clerk of the Indiana Supreme Court, along with a copy of each of the following: 1. Delta Tau Delta's Motion for Summary Judgment and the non-sealed exhibits filed therewith, [Filing No. 121 ]; 2. Delta Tau Delta's brief in support of its Motion for Summary Judgment, [Filing No. 122 ]; 3. Delta Tau Delta's redacted exhibits, [Filing No. 125 -1]; 4. Ms. Doe's response in opposition to the Motion for Summary Judgme nt and the exhibits filed therewith, [Filing No. 137 ]; 5. Delta Tau Delta's reply in support of its Motion for Summary Judgment, [Filing No. 143 ]; 6. Ms. Doe's surreply in opposition to the Motion for Summary Judgment, [Filing No. 144 ]. Should the Indiana Supreme Court desire access to the sealed exhibits, it may request them. (See Order). Copy of Order and applicable documents to Indiana Supreme Court. Signed by Judge Jane Magnus-Stinson on 4/18/2018.(APD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
JANE DOE NO. 62,
Plaintiff,
v.
INDIANA UNIVERSITY BLOOMINGTON,
BETA ALPHA SHELTER OF DELTA TAU
DELTA FRATERNITY, INC.,
DELTA TAU DELTA,
DELTA TAU DELTA BETA ALPHA
CHAPTER,
Defendants.

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No. 1:16-cv-01480-JMS-DML

ORDER OF CERTIFICATION
During its consideration of Defendant Delta Tau Delta Beta Alpha Chapter’s Motion for
Summary Judgment, [Filing No. 121], the Court determined that several issues of unsettled state
law control the disposition of Ms. Doe’s remaining negligence claims. Accordingly, and for the
reasons stated in that order, the Court hereby certifies the following questions to the Indiana
Supreme Court pursuant to Indiana Rule of Appellate Procedure 64:
•

Under the standard articulated in Rogers and Goodwin, may a court consider the actual
knowledge of a defendant in determining the foreseeability of an event in the context of a
duty analysis? If so, does it properly do so by framing either the class of plaintiff or the
harm in terms of that knowledge?

•

Under Indiana law, does a fraternity owe a duty to a female social invitee to protect her
from sexual assault by a member of the fraternity during a fraternity-sponsored event?

•

Does the analysis change where there is evidence that prior to the event some fraternity
members were told by a third party that the fraternity member had on an earlier occasion
sexually assaulted a female?

•

Is the analysis impacted by evidence that the female social invitee may have been under
the influence of alcohol, most of which was consumed off premises, at the time of the
sexual assault?
The Clerk is directed to forward this Order of Certification to the Clerk of the Indiana

Supreme Court, along with a copy of each of the following: 1. Delta Tau Delta’s Motion for
Summary Judgment and the non-sealed exhibits filed therewith, [Filing No. 121]; 2. Delta Tau
Delta’s brief in support of its Motion for Summary Judgment, [Filing No. 122]; 3. Delta Tau
Delta’s redacted exhibits, [Filing No. 125-1]; 4. Ms. Doe’s response in opposition to the Motion
for Summary Judgment and the exhibits filed therewith, [Filing No. 137]; 5. Delta Tau Delta’s
reply in support of its Motion for Summary Judgment, [Filing No. 143]; 6. Ms. Doe’s surreply in
opposition to the Motion for Summary Judgment, [Filing No. 144].
Supreme Court desire access to the sealed exhibits, it may request them.

Date: 4/17/2018
Date:

Distribution:
Thomas B. Bleich
COKINOS BOSIEN YOUNG
[e-mail]

Should the Indiana

N. Thomas Connally, III
HOGAN LOVELLS U.S. LLP
[e-mail]
Brian R. Drummy
BUNGER & ROBERTSON
[e-mail]
Erin Thornton Escoffery
TAFT STETTINIUS & HOLLISTER LLP
[e-mail]
James B. Ewbank, II
COKINOS BOSIEN YOUNG
[e-mail]
Arick W. Fudali
HERMAN LAW
[e-mail]
Stephanie J. Gold
HOGAN LOVELLS U.S. LLP
[e-mail]
Krisel McSweeney
HERMAN LAW
[e-mail]
Mary Anne Pelic
BUNGER & ROBERTSON
[e-mail]
Michael C. Terrell
TAFT STETTINIUS & HOLLISTER LLP
[e-mail]
Copy by U.S. Mail to:
Clerk of the Supreme Court
216 State House
200 West Washington Street
Indianapolis, IN 46204