A Cornell University student accused in a civil lawsuit of sexual assault has filed a motion seeking a gag order to restrict public comments about the case. Diego Sarabia’s attorneys filed the request in a New York court on Monday, arguing that recent media statements by the plaintiff’s legal team could taint potential jurors. The motion specifically targets statements made by Thomas Giuffra, counsel for the plaintiff identified as Jane Doe, alleging these remarks present disputed allegations before discovery or trial. Sarabia’s lawyers contend that the publicity surrounding the case risks exposing sensitive information and could lead to threats, doxing, or intimidation against their client. The filing includes a list of what they describe as prejudicial statements made by Giuffra in media appearances since the lawsuit was filed in November 2024.
The lawsuit centers on an incident at the Chi Phi fraternity house on October 19, 2024, during a Hawaiian-themed party. Jane Doe alleges she was drugged and raped by seven men, including Sarabia, Matthew Ingalls, Jonathan Newell, Winston Lee, Gillio Lopes, Scott Norris, and Scott Kretzschmar. All accused men have denied wrongdoing, and no criminal charges have been filed. The New York attorney general’s office is conducting an ongoing investigation into the matter. The case has drawn national attention, sparking broader discussions about how universities handle allegations of sexual misconduct.
In a separate development, text messages exchanged between Ingalls and Lopes in January 2025 have surfaced, revealing Ingalls’ frustration with his fraternity brothers’ response to the allegations. Ingalls wrote to Lopes, “Campus is gonna hate my ass for a while,” and criticized the lack of support from other brothers, stating, “Talking about ‘brotherhood’ and then no one except a couple real ones check in.” Lopes responded with “Dead a* bro.”* These messages were obtained by The New York Times and referenced in court filings reviewed by Daily Mail. The accused men were asked to voluntarily provide screenshots of texts related to the party, though their compliance status remains unclear.
The civil lawsuit alleges that Jane Doe was incapacitated and unable to consent during the incident. Her complaint to campus police was filed three weeks after the alleged assault, and the case has since become a focal point for debates over due process and accountability in sexual misconduct cases. The university has faced scrutiny over its handling of the matter, with two students expelled, others suspended, and the entire fraternity shut down following the allegations. The accused men have not been criminally charged, and the attorney general’s investigation is ongoing.
Legal experts note that gag orders in civil cases are uncommon but may be considered to protect fair trial conditions. Sarabia’s motion argues that unrestricted public commentary could undermine the integrity of the judicial process. Meanwhile, the plaintiff’s legal team has not publicly responded to the gag order request as of the latest filings. The case remains active, with further court proceedings expected in the coming months.