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One of Cornell 7 sued by Jane Doe over alleged gang rape says he should be dropped from lawsuit

One of Cornell 7 sued by Jane Doe over alleged gang rape says he should be dropped from lawsuit

A former Cornell University fraternity member accused in an alleged gang rape scandal wants out of a lawsuit, arguing that the claims against him amount to nothing more than a forced kiss.

Diego Sarabia, one of seven men named in a civil lawsuit brought by a former student identified as Jane Doe, filed a motion Friday seeking to have all claims against him dismissed.

His attorneys argue that Doe unfairly lumped him with six other defendants accused of sexually assaulting her during a drug and alcohol-fueled night at Cornell's Chi Phi fraternity house in October 2024.

Sarabia, who denies the allegations, maintains that the conduct attributed to him does not support the accusations of rape and sexual assault in the nearly 600-paragraph complaint.

His lawyer, James C Knox, stresses that the claims against Sarabia are legally insufficient, were brought too late or both.

'This is essentially a lawsuit about a forced kiss,' Knox wrote in the motion, according to NBC.

Doe alleges Sarabia grabbed her face, kissed her and participated with other fraternity members in snorting ketamine off her body inside the fraternity house's alumni room between Oct. 19 and 20, 2024.

But Knox says the complaint does not show that his client took part in the alleged sexual encounters that are at the center of the more serious accusations against the other men. 

Diego Sarabia, one of seven men named in a civil lawsuit brought by a former student identified as Jane Doe, filed a motion Friday seeking to have all claims against him dismissed

His legal team also argues the complaint does not allege Sarabia supplied Doe with drugs or alcohol and maintains he was not present for much of the misconduct described in the lawsuit.

'Throughout a sprawling complaint approaching 600 paragraphs, plaintiff repeatedly, collectively and without differentiation accuses seven student defendants of 'sexual assault and rape,' Knox wrote.

'Those legally conclusory statements do not substitute for pleaded facts.'

The motion, filed in New York state court, challenges the legal basis for keeping Sarabia in a case that has sparked outrage at the Ivy League institution and renewed scrutiny of its handling of sexual misconduct allegations.

Knox contends Doe's claims of assault, battery and intentional infliction of emotional distress are subject to a one-year statute of limitations that expired before she filed her lawsuit on Sept. 16.

The incident occurred nearly two years earlier, and Sarabia's lawyers argue that the accusations against him do not meet the legal requirements for the extended filing deadlines Doe cited for certain sexual offenses.

Sarabia, a former member of Chi Phi, had already graduated from Cornell and could not be subjected to Title IX disciplinary sanctions.

Instead, the court issued a persona non grata order barring him from Cornell's campus for three years.

The legal maneuvering comes amid a widening controversy over what happened inside the fraternity house and how Cornell and local authorities responded to Doe's allegations

 His attorneys are now fighting on another front, seeking to restrict Doe's lawyer, Thomas Giuffra, from speaking publicly about the case.

According to court filings reviewed by the Daily Mail, Sarabia has asked a judge to limit Giuffra's media appearances and commentary concerning the lawsuit.

His legal team accused Doe and her attorney of an 'orchestrated campaign' involving reporters, which they claim was planned before the lawsuit was filed.

The legal maneuvering comes amid a widening controversy over what happened inside the fraternity house and how Cornell and local authorities responded to Doe's allegations.

The former student's lawsuit, filed Sept. 16, accused seven men of participating in an alleged gang rape during the October 2024 encounter.

The controversy has also placed Cornell's administration under renewed pressure from students, alumni and members of the university community who believe the institution has failed to adequately protect women from sexual assault.

Past and current students have raised concerns about the university's response to reports of sexual misconduct, with Doe's lawsuit intensifying demands for greater accountability.

But supporters of the accused men said that Jane Doe has contradicted herself while sharing her allegations and that the seven she sued are entitled to due process.  

Jonathan Newell

Matthew Ingalls

Winston Lee

Cornell's Board of Trustees subsequently hired former Deputy Attorney General Sally Yates to lead an independent review of how the university prevents and responds to sexual harassment, sexual assault and related misconduct on campus.

The seven men named as defendants in the civil lawsuit regarding the October 2024 incident at Cornell University's Chi Phi fraternity house, along with Diego Sarabia, are Matthew Ingalls, Jonathan Newell, Winston Lee, Gillio Lopes, Scott Norris, and Scott Kretzschma. 

Meanwhile, Sarabia's bid to have the claims against him dismissed remains before a judge.

The Daily Mail has requested comment from the attorneys for Jane Doe and Diego Sarabia. 

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Poundland could disappear from the High Street within days as Andy Burnham asks questions over how its owners handled a sales process.

Thousands of nervous staff are waiting to hear what will happen to the discount retailer after it filed a notice to appoint administrators with the High Court today. 

This will give the business, bought by US investment firm Gordon Brothers for less than £1 last year, some breathing room – ten days – to find a rescue deal. AlixPartners is poised to take over a potential insolvency process.

But the Poundland brand and its 600 shops will not be sold as a whole, leading to a carve-up of the 36-year old retailer, meaning jobs are at risk at any shops that are not bought. 

And on Thursday night, the Prime Minister said he is ready to demand answers from owners amid a 'deeply worrying time' for staff and their families. 

Burnham told The Telegraph: 'We want to see jobs protected. If there was a potential owner to avoid this that hasn’t been accepted, then the Business Secretary and I want to know why that is the case.'

Battle for survival: The fate of Poundland's near 12,000 staff hangs in the balance.

It would mark the biggest high street collapse since Debenhams closed its doors in 2021 with the loss of 12,000 jobs. 

Job losses could hit 600 shops and a distribution centre in Makerfield, Prime Minister Andy Burnham’s constituency, which employs around 270 people.

Business secretary Jonathan Reynolds also said he was ‘very much concerned’ and would push for answers as workers and bosses seethe over its failure to find a buyer.

He told The Telegraph: ‘If it is true that it was not necessary to put the business into administration then the present owners will have to account for that.’

Why has Poundland struggled? 

Chains like Poundland are battling shoppers with constrained budgets while costs, such as employing people, have increased – following Government moves to hike wages and employer National Insurance contributions. Savvier shoppers are looking for cheaper online alternatives, including Amazon, Temu and TikTok Shop.

Former owners, the Warsaw-listed Pepco Group, made some wrong moves that did not go down well with its customers, including putting Pepco clothing in its shops.

Its most recent woes stem back to last year, when it narrowly avoided collapsing into administration. The chain was sold in June 2025 to US firm Gordon Brothers for a nominal €1 amid 'challenging trading conditions'.

By November 2025, around 100 Poundland shops had been shut or earmarked for closure. Two months later, as part of its radical turnaround plan, Poundland had shut 149 stores with 2,200 job losses.

But this year, Poundland bosses insisted it was turning a corner, pointing to like-for-like sales growth of 3.3 per cent in the three months to September 26.

Poundland's managing director Barry Williams said earlier this month: 'Our recovery plan is working, thanks to our investment in simple low pricing and new ranges, powered by our new in-house teams.'

Why is there a dispute between Poundland’s owners and its bosses?

Both shop workers’ union Usdaw and Poundland’s management have accused Gordon Brothers of mishandling a sales process, which it kicked off at the beginning of September.

The union met with the minister for the future of work, Kate Dearden, on Wednesday, amid warnings of what would be the biggest High Street collapse in years.

Three directors, appointed less than a fortnight ago, this week walked out following a dramatic dispute with owners Gordon Brothers.

Hours later the retailer’s management hit out at the owners, calling the process ‘unexpected, unwanted and avoidable’.

Government adviser David Bickerton is set to ask ‘fairly basic questions of senior people around Poundland’ in order to ‘establish what the situation is,’ on behalf of the business secretary, the Financial Times reported.

What does a notice to appoint administrators mean?  

‘Filing a notice of intention isn’t administration itself,’ explains Julie Palmer, managing partner at real estate advisory group BTG.

Instead, it effectively keeps the wolves from the door for up to ten business days of protection and helps the firm preserve cash.

She added: ‘If an appointment follows, the administrators take control of the company from the directors. Their first duty is to try to rescue it as a going concern. 

'If that isn’t possible, they aim for a better result for creditors than liquidation would give. In practice that usually means a sale, either of the whole business or in parts. For staff and customers, stores normally keep trading while that happens, but the risk is that the business is broken up, with stronger stores sold and weaker ones closed.’

Who could buy the shops?

Owner Gordon Brothers rejected a takeover offer from Irish real estate firm Martin Property Group – despite management and unions arguing this was the best deal on the table.

This would have been for the whole business, including its brand and full store estate.

But now it seems like other major retailers, especially those with grand expansion plans, could pick up some shops from Poundland.

The owner of The Range, Homebase and Wilko – known as Britain’s ‘Del Boy Billionaire’ – is thought to be interested. Chris Dawson, 74, who runs CDS Superstores, acquired the Wilko brand out of administration in 2023.

Dawson got his nickname, the 'Del Boy billionaire', via the press as a reference to his yellow Lamborghini Urus, which has a personalised number plate 'DE11 BOY', a homage to the character Del Boy Trotter from the classic TV show Only Fools and Horses.

Dawson started his career as a market trader, before founding The Range and scaling it to a major high street chain. He has since acquired Wilko and Homebase out of administration.

Chris Dawson, 74, runs CDS Superstores, which owns The Range, Homebase and Wilko

Poundstretcher owner Fortress is also understood to be looking at buying shops. The rival discount retailer runs more than 300 shops in the UK.

Supermarket Lidl also hopes to be able to snap up some of its stores if the retailer fails to sell the whole company. The discounter is pushing ahead with a major expansion mission.

TG Jones owner is also understood to be interested in buying parts of the Poundland business.

The private equity group owns Britain's WH Smith shops, now known as TG Jones stores and previously bought ailing accessories chain Claire's, Hobbycraft and The Original Factory Shop.

All Claire's standalone shops in the UK and Ireland stopped trading earlier this year after its financial woes saw it fall into administration twice in a year.

Are shops open and will staff be paid?

Poundland shops are currently open and operating business as usual.

But Poundland's managing director Barry Williams wrote a letter to around 12,000, accusing the retailer’s owner of limiting the chain's access to funding.

This has effectively prevented bosses from making routine payments, with suppliers now worried they will not be paid on time this week, according to Sky News.

But sources close to the crisis talks insisted that this should not prevent staff from being paid at the end of the month.

Williams told staff: 'I'm disappointed to have to tell you that Gordon Brothers have given instructions that restricts our access to funds that we would, in normal circumstances expect to access fully under our existing loan agreement.'

Gordon Brothers are accused of breaching the terms of an asset-based lending facility by failing to submit a budget to the shareholders on time despite an agreed grace period – with the business now outperforming those forecasts, Sky News reported.

Julie Palmer, managing partner at real estate advisory group BTG, says that in this situation, ‘existing commitments such as payroll and supplier invoices can still be met from cash already available‘.

But bosses cannot ‘draw further funds to cover anything beyond that,’ she says, which poses a problem as retailers typically draw from these loans in the autumn to buy Christmas stock - before repaying from festive sales in December and January.

She added: ‘If a lender has concerns about longer-term viability, it may simply be unwilling to increase its exposure by funding that stock build, particularly when it can’t be sure who will own the business, or what shape it will be in, by the time the money needs to come back.

‘That leaves management with very little room to manoeuvre. It limits their ability to buy stock or take on new commitments, and puts directors in a difficult position, because they must be confident the company can meet its liabilities before taking on new ones. Once credit insurers pull back and suppliers start asking for payment up front, the squeeze tightens quickly.’

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