A Cornell University student, identified as Diego Sarabia, has formally requested a judge to dismiss him from a civil lawsuit filed by a former undergraduate student known as Jane Doe. Sarabia's defense attorney submitted a motion to dismiss the complaint, asserting that the claims against his client are either too late to be filed or do not constitute the core allegations of the suit.

The lawsuit, filed by Jane Doe, alleges a 2024 gang rape and includes accusations against Sarabia. Doe claims Sarabia approached her, kissed her without consent, and was among fraternity brothers who allegedly snorted ketamine off her body. Sarabia's attorney, James Knox, argues that Doe's suit does not sufficiently allege Sarabia supplied drugs or alcohol, participated in the alleged sexual encounters, or was present for the most serious conduct described.

In the motion filed Friday, Knox stated that the lawsuit, as it pertains to Sarabia, essentially describes an "allegedly forced kiss." He further argued that any intentional tort claim arising from this alleged conduct is barred by a one-year statute of limitations, as the action was commenced nearly two years after the events occurred. All seven fraternity brothers named in the lawsuit have denied any wrongdoing, with Sarabia specifically contesting his involvement in the most severe allegations.

The request for dismissal comes a week after a New York judge rejected a separate request by Sarabia's attorney for a gag order in the case. Knox had argued that a gag order was necessary to prevent juror prejudice and the release of sensitive information that could lead to threats or intimidation. Judge Phaedra Perry-Bond, however, characterized the gag order request as a "side show" intended to distract from the case's merits.

New York Attorney General Letitia James, appointed as a special prosecutor by Governor Kathy Hochul, is currently investigating the incident. Cornell University has stated its full support for the special prosecutor's appointment and is also conducting its own internal probe into the matter involving members of the Chi Phi fraternity.

The legal proceedings involve significant public interest, with previous court decisions addressing the anonymity of Jane Doe and rejecting attempts to impose gag orders. The core of Doe's broader allegations centers on a pattern of alleged misconduct within the fraternity, with Sarabia's legal team seeking to isolate his alleged involvement and have him removed from the suit.

Attorneys for Jane Doe have not yet filed a formal response to Sarabia's motion to dismiss. The outcome of this motion could significantly impact the scope of the civil litigation and the number of defendants remaining in the case.

Details surrounding the alleged events and the subsequent investigations remain under scrutiny, with the university and state officials involved in assessing the situation and ensuring due process for all parties.