Davis Polk Is Found Not
Liable to Kaloma Cardwell after
Jeh Johnson Complained 3 Weeks
By Matthew
Russell Lee, Patreon
SDNY COURTHOUSE,
Jan 29 – Kaloma Cardwell
filed a racial discrimination
case against his employer, the
"white shoe" law firm of Davis
Polk and Wardwell.
He'd been
employed there from September
2014 through August 2018, then
alleged that "defendants
quarterbacked and permitted a
playbook that marginalized,
discriminated against and
retaliated against Plaintiff,
the only Black male associate
in the Davis Polk's 2014
associate class." Then there
was a delay in discovery.
U.S.
District Court for the
Southern District of New York
Judge Gregory H. Woods held a
proceeding on July 28, 2022.
Inner City Press covered
it.
On March 22, 2021
on very little notice, Judge
Woods held another proceeding.
Inner City Press covered it.
The defendant's lawyer Jeh
Johnson was complaining that
Kaloma Cardwell had declined
to show up for his deposition,
despite they said their
promises to limit access to
the transcript. Cardwell's
lawyer said the defense does
not have an automatic right to
a "fourteen hour deposition."
Jump cut to
February 16, 2023, when Judge
Wood denied some claims, but
allowed others to proceed:
MEMORANDUM OPINION AND ORDER
re: [220] MOTION for Summary
Judgment . filed by John Bick,
Brian Wolfe, Thomas Reid,
Daniel Brass, Sophia Hudson,
Davis Polk and Wardwell LLP.
ENDORSEMENT: For the reasons
stated above, Defendants'
motion for summary judgment is
GRANTED in part and DENIED in
part. First, Defendants'
motion is granted as to
Plaintiff's
aiding-and-abetting
claimscounts six, eight, ten,
and twelve. Second,
Defendants' motion is granted
as to Plaintiff's
discrimination-based
claimscounts one, three, five,
and nine. Third, Defendants'
motion is denied as to
Plaintiff's retaliation-based
claimscounts two, four, seven,
and eleven. However, for the
reasons explained above,
because William Chudd, Sophia
Hudson, Harold Birnbaum, Brian
Wolfe, and John H. Butler did
not have requisite knowledge
to take retaliatory action
against Plaintiff, they are
not subject to liability on
these (or any) claims and will
be dismissed from the case.
Finally, Defendants' motion is
granted as to Plaintiff's
claimed frontpay and backpay
damages but denied as to
Plaintiff's claimed
compensatory damages, punitive
damages, attorneys' fees, and
further relief. The Clerk of
Court is directed to terminate
the motion pending at Dkt. No.
220 and to remove William
Chudd, Sophia Hudson, Harold
Birnbaum, Brian Wolfe, and
John H. Butler from the
caption of this case. William
Chudd, Harold Birnbaum, John
H. Butler., William Chudd,
Sophia Hudson, Brian Wolfe,
Harold Birnbaum and John H.
Butler terminated. (Signed by
Judge Gregory H. Woods on
2/16/2023)"
Previously, Jeh
Johnson appeared. Inner City
Press live tweeted, here
Jeh Johnson of
Paul Weiss, for David Polk:
They have withdrawn the
so-called Black Restaurant
allegation.
Jump cut to
November 17, 2023 when a
lengthy pre-trial conference
was held. Inner City Press
went. Davis Polk was seeking
to exclude what it said where
late- or non-disclosed
witnesses. Cardwell's lawyer
asked until December 11 to
brief but that amount of time
was denied. Then this order:
"ORDER. As stated on the
record during the conference
held on November 17, 2023,
Defendants move under Federal
Rule of Civil Procedure 37 to
exclude 11 of Plaintiff's
listed trial witnesses for
failure to timely disclose
them under Federal Rule of
Civil Procedure 26. See Dkt.
No. 334 at 35 & n.3."
On December 5,
Judge Woods ordered
"Defendants' requests for the
exclusion of certain of
Plaintiff's witnesses and for
the determination of a trial
clock on each side are granted
in part and denied in part.
The following Plaintiff
witnesses are excluded from
trial: Neil Barr, Gar Bason
Jr., Bruce Birenboim, Susanna
Buergel, Gina Caruso, Michael
Davis, Martin Dellacona,
Charles Duggan, Kathleen
Ferrell, Michael Flynn, Arthur
Golden, Monica Holland, Larry
Jacobs, James McClammy, Byron
Rooney, James Rouhandeh, and
Jill Sterner."
On December 6
Judge Woods ordered: "ORDER.
The Court has been advised
that a large number of juries
are scheduled to be selected
on January 8, 2024, the trial
date for this matter. Given
that fact, and the anticipated
length of the trial in this
matter, the Court believes
that a jury questionnaire will
need to be administered to the
venire on January 2, 2024."
On December 21,
Judge Woods held a telephone
conference ruling on motions
in limine. Among many other
things, he ruled that Davis
Polk client identities are not
admissible. But other things
are, on the issue of
retaliation.
On December 26,
defense counsel pointedly
wrote in that "we contacted
Plaintiff's counsel today
three times - at 11:29 am,
5:03 pm and 8:08 pm - to
ascertain Plaintiff's position
and have received no
response." So, no
modifications to the jury
questionnaire...
On January 3,
2024 the submission about jury
selection reflected that out
of 26 disputed jurors Davis
Polk was the objector as to
fully 22 of them.
On January 9,
Cardwell's counsel was
examining a witness now at
Cadwalader, Inner City Press
live tweeted, threadette here:
OK - now in Davis
Polk discrimination trial,
Kaloma Cardwell's lawyer is
questioning a witness who
trained him (before leaving
for the Cadwalader firm).
Cardwell's
lawyer: What is this?
Witness: It's an
email that I wrote. Cardwell's
lawyer: How do you recognize
it? Witness: Because I'm
looking at it? I wrote it.
Cardwell's
lawyer: Admit PTX 209 into
evidence. Jen Johnson: No
objection. Judge: Admitted.
Now with
jury out of courtroom on
break, Judge is telling
plaintiff's lawyer about the
numbering of exhibits, and
refreshing recollection.
Now a full break is called.
January 10 ended
with counsel for Davis Polk
asking for, and Judge Woods
encouraging, faster disclosure
of the identity, order and
anticipated length of
testimony of witnesses by
plaintiff's counsel, as well
as a list of exhibits by 9 pm.
Jump cut to
January 29 - after three weeks
of trial, the jury found Davis
Polk not liable to Cardwell,
13 answers of "No."
The case is
Cardwell v. Davis Polk and
Wardwell LLP et al, 19cv10256
(Woods)
***
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