Ms. Bailey,
How are you?
I got a copy of the New York Law Journal at my job last week, and was dismayed to see that you are still being mistreated by NYLS and the courts. I didn't know you had brought suit against the school until I read the article about Judge Ramos' Dec. 27 decision on your Second Amended Complaint.
I read the article, but was unable to find the actual decision. While looking for it I found his earlier decision and several other websites concerning your case. It was from one of those (https://www.plainsite.org/dockets/30730mlfi/new-york-southern-district-court/bailey-vnew-york-law-school-et-al/) that I got this email address for you. It also gives a telephone number and address for you, which I thought was kind of creepy for them to do. I wasn't surprised to see that NYLS removed the case to federal court, since the federal courts generally give more favorable decisions to businesses. But, I was still shocked to see that given Nesbit did not contest any of the allegations against him, that the law school accepted your allegations as true, and the court accepted his prior incidents as true, that the case didn't go better for you than it has.
I'm sure the law school is going to try to drag the case on as long as it can in the hope that you will go broke, and drop the case. I'm sure that barring this, they are hoping to get as many of your causes of action dismissed as possible to minimize any damages they must pay. I think it is despicable under the circumstances. I could understand them fighting tooth and nail if they didn't believe the original allegations. But since they did believe them, they should have simply expelled him right after the investigation concluded.
I don't understand why they wanted to hold on to him and all the problems he was making. Does his family have a lot of money? I have been trying to research him to see what became of him, and whether he is from an influential family, but have found nothing. Have you considered causes of action against him personally? Have you sought assistance from the “Me Too” movement? Unfortunately, it wasn’t an option back when this incident occurred, but it is a powerful force now.
Has NYLS tried to settle out of court yet? I know that may not be an option you want to consider, because it’s usually contingent on letting them deny any fault. I just wonder if its at that point yet. I don’t know if any of these ideas are helpful to you, but I just wanted to mention them. I remember how distraught you were that evening, and I wish there was more I could have done to help you.
If there is anything I can do to help now let me know.
I wish you all the best.
