In Doe v. Zeinalpoor-Movahed, decided May 7, 2024 by Judge John Tharp (N.D. Ill.) but just posted on Westlaw, plaintiff alleged that defendant sexually assaulted her:
At the time, the parties had been dating for several months. Both resided in Seattle, Washington, but had family in Chicago. They traveled to Chicago together, but spent some time separately visiting their families. They met up on December 28 at the home of Doe's parents, where they stayed the night, and on the 29th, they checked into a suite in an upscale Chicago hotel, which Doe's parents had paid for as a present to the couple. The following narrative of what ensued summarizes information submitted by the parties in support of their claims, with the principal disputes identified. {This case was originally filed in state court, and the state court permitted Doe to proceed anonymously. A motion to require Doe to proceed under her real name was pending when Doe's case was dismissed with prejudice.}
The record reflects that the Doe and Movahed were getting on well when they checked into the hotel; there is no evidence of any antecedent arguments or discord. After checking into the hotel, the parties shared a bottle of wine and had "consensual intercourse with enthusiastic and ongoing consent." (Doe's words.) Later, they walked to a nearby restaurant and met up with three friends of Movahed. Doe claims to have consumed three, or possibly four, beers, an Old Fashioned, and a shot of whiskey, and to have eaten a bowl of chili, while at the restaurant. Upon leaving the restaurant, Movahed invited his friends back to the hotel suite.
Doe says that she was inebriated and began to feel nauseous when the group drove from the restaurant back to the hotel. The parties dispute the degree of Doe's intoxication; Movahed notes that Doe was able to walk from the car to the hotel suite while Doe says that after returning to the hotel, she was so intoxicated that she next remembers only sitting in the bathroom vomiting into the toilet and later vomiting into an ice bucket while in bed, and on the sheets. For some portion of this time, Movahed and his friends were out on the hotel balcony drinking.
