A Cornell University student named in a civil lawsuit brought by a former undergraduate using the name Jane Doe asked a New York judge to drop him from the case, ABC News reported, days after the same court allowed the plaintiff to remain anonymous^1,2.

Counsel for Diego Sarabia, James Knox, filed a motion Friday seeking dismissal of Doe's complaint against his client¹. ABC News said the lawsuit alleged that during a 2024 incident Doe described as a gang rape, Sarabia grabbed her face and kissed her without consent before she pushed him away, and that he was among Chi Phi fraternity brothers alleged to have snorted ketamine off her body¹.

Knox wrote that Doe did not allege Sarabia supplied drugs or alcohol, took part in sexual encounters described elsewhere in the complaint, or was present for most of the conduct at issue¹. "As far as defendant goes, this is essentially a lawsuit about an allegedly forced kiss," Knox wrote in the motion, according to ABC News¹.

Knox also argued that any intentional-tort claim tied to that alleged conduct is barred by a one-year statute of limitations because the suit was filed nearly two years after the alleged events¹. ABC News said Doe's attorney had not yet responded¹. All seven named fraternity brothers have denied wrongdoing, ABC News and CBS News reported^1,2.

On Friday, Judge Phaedra Perry-Bond granted Doe's request to proceed anonymously, CBS News reported, citing the publicity around the allegations, concerns about retaliation and threats, and possible harm if the plaintiff were identified². Court filings must conceal Doe's identity and other sensitive personal information, while defendants may share identifying details privately when needed to investigate and prepare a defense, subject to confidentiality rules, CBS News said².

Perry-Bond suggested that anonymity should likewise be extended to the defendants and said she would welcome such a filing, CBS News reported². The judge warned that cyberstalking, harassment or threats against Doe, the defendants or their attorneys could lead to criminal prosecution². CBS News said the order did not decide whether any defendant is liable².

ABC News said New York Attorney General Letitia James, appointed special prosecutor by Gov. Kathy Hochul, is conducting an investigation¹. Cornell said it supports that appointment and is conducting an internal probe of its response, ABC News reported¹.

ABC News said the dismissal motion came a week after Perry-Bond rejected a gag-order request from Sarabia's attorney¹. Knox had argued a gag order would limit possible juror prejudice and reduce the risk of threats, doxing and extra-judicial contact, according to ABC News¹. The judge called that request a distraction from the merits, ABC News reported¹. What the court will do with Sarabia's motion, and how Doe's counsel will answer it, is not yet on the public record¹.