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Cornell fraternity member seeks dismissal from Jane Doe’s sexual assault lawsuit

Photo: Heather Ainsworth for NBC News

One of the men sued by a former Cornell University student identified as Jane Doe has asked a judge to dismiss the claims against him, arguing that her allegations do not support her broader accusations of rape and sexual assault.

Diego Sarabia filed the motion Friday seeking dismissal of all claims against him in the lawsuit Doe filed Sept. 16 in New York state court. Sarabia, who was a member of the Chi Phi fraternity, was one of seven men originally sued by Doe for allegedly participating in a gang rape at the Chi Phi house from Oct. 19 to 20, 2024.

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