Doe v. Columbia University ( 2022 )

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT □□□ AY FILED □□ eX DATE FILBD: 9/18/2022 JOHN DOE, Plaintiff, 1:20-cv-6770-GHW y- ORDER COLUMBIA UNIVERSITY, Defendant. GREGORY H. WOODS, United States District Judge: “In considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6), a district court may consider the facts alleged in the complaint, documents attached to the complaint as exhibits, and documents incorporated by reference in the complaint.” D7Folco v. MSNBC Cable LLC, 622 F.3d 104, 111 (2d Cir. 2010) Gnternal quotations omitted). “Where a document 1s not incorporated by reference, the Court may nevertheless consider it where the complaint relies heavily upon its terms and effect, thereby rendering the document integral to the complaint.” Jd. (internal quotations omitted). Plaintiffs Amended Complaint, Dkt. No. 41, pervasively relies upon the terms and effects of an article posted on the website Bywog on February 6, 2018. See, ¢.g., Dkt. No. 41 4[§] 126-27, 134, 138, 154, 197, 206, 214-19. ‘That article thus appears to be integral to Plaintiff's Amended Complaint. The parties, however, have not provided the article to the Court. Accordingly, the parties are hereby ORDERED to provide the Court with a copy of the Bwog article no later than September 21, 2022. Any objections to this request must be submitted to the Court no later than September 20, 2022. SO ORDERED. Dated: September 18, 2022 Ba New York, New York United States District Juctoe