Black Davis Polk Lawyer’s Discovery Dates Reset in Job Bias Suit

A Black former associate accusing Davis Polk & Wardwell LLP of race discrimination and retaliation has until July 18 to respond to the firm’s outstanding requests for documentary and other discovery despite missing the original March 2 deadline, a New York federal court ruled Tuesday.

Kaloma Cardwell may also file, by no later than July 13, a motion justifying his failure to serve his own discovery demands on the firm by March 2, the U.S. District Court for the Southern District of New York said during a telephone conference.

That motion must be backed by a sworn affidavit establishing good cause for Cardwell’s missing the March 2 date.

Cardwell’s counsel told Judge Gregory H. Woods that the missed deadlines were due to a “confluence of events” that included the preparation of Cardwell’s amended complaint, which was also due March 2; “the disruption that was building” as the Covid-19 pandemic was first arriving and spreading in New York City; and Cardwell’s departure from the New York City area to shelter in place with his family in North Carolina.

Cardwell sued Davis Polk and seven of its partners in November 2019 and added an eighth partner as a defendant in his amended complaint. He accuses the firm of violating Title VII of the 1964 Civil Rights Act and New York state and city job bias laws by repeatedly manipulating and “weaponizing” its job review process against him because he complained of race bias.

The discrimination was further to Davis Polk’s persistent tradition of mistreating Black lawyers, which the firm previously acknowledged when it adopted an anti-bias mechanism designed to ensure equal terms and conditions of employment regardless of race, Cardwell says.

The judge gave Davis Polk until July 20 to respond to any motion by Cardwell seeking to show good cause to excuse his failure to request discovery from the firm by the date originally set by the court. But he encouraged an earlier response, if possible. Cardwell would then have two days to reply to the firm’s response, Woods said

The court also gave Davis Polk permission to move to waive any objections to its discovery demands that Cardwell may include in his discovery responses, reserving a ruling on that issue.

By separate order, Woods also granted a June 22 motion by the Law Offices of Martin E. Restituyo PC to withdraw as Cardwell’s co-counsel.

David Jeffries represents Cardwell. Paul, Weiss, Rifkind, Wharton & Garrison LLP represents Davis Polk and the eight individual defendants.

The case is Cardwell v. Davis Polk & Wardwell LLP, S.D.N.Y., No. 1:19-cv-10256, discovery deadlines reset 7/7/20.