Cunningham v. Cornell University

Nature of the Document

The provided material is a pre-motion letter dated November 7, 2019, not a judicial opinion or order. It was sent to Judge P. Kevin Castel in the Southern District of New York.

Plaintiffs’ Request

The plaintiffs asked the court to strike the defendants’ memorandum supporting a motion to exclude plaintiffs’ expert Wendy Dominguez’s share-class opinions and the supporting declaration of Ankur Mandhania. They also asked the court to seal those docket entries.

Plaintiffs’ Argument

The letter says that, after the court’s summary-judgment order, the parties discussed possible settlement of the remaining claims. According to the plaintiffs’ lawyer, emails attached to the Mandhania declaration explained a settlement demand that Nancy Ross had requested. The plaintiffs argued that the defendants appeared to be using statements about the settlement demand to dispute damages or challenge Dominguez’s opinion.

The plaintiffs relied on Federal Rule of Evidence 408. That rule generally limits the use of conduct or statements made during compromise negotiations to prove or disprove the validity or amount of a disputed claim or to impeach a witness. The plaintiffs argued that the attached emails and references to them should therefore be removed from the record. They also stated that they notified the defendants shortly after receiving the filings and that the defendants refused to withdraw them.

Requested Schedule and Disposition

Because the matter was described as time-sensitive, the plaintiffs requested an expedited ruling or briefing schedule. The proposed schedule listed November 12, 2019, for the plaintiffs’ motion; November 13, 2019, for the defendants’ opposition; and November 14, 2019, for the plaintiffs’ reply.

The provided text contains no order or ruling by Judge Castel. It therefore does not establish whether the request to strike, the request to seal, or any related motion was granted or denied.