Cunningham v. Cornell University et al

Filing 352

OPINION AND ORDER re: 225 MOTION in Limine Cornell Defendants' Notice of Motion to Exclude Plaintiffs' Expert Wendy Dominguez and Gerald Buetow. filed by Cornell University, 278 LETTER MOTION for Discovery addressed to Magistrate Judge James L. Cott from Joel D. Rohlf dated February 20, 2019. filed by Stanley T. Marcus, Casey Cunningham, Joy Veronneau, Lydia Pettis, Charles E. Lance, 221 MOTION for Summary Judgment . filed by CapFin ancial Partners, LLC, 231 MOTION for Summary Judgment . filed by Cornell University, The Retirement Plan Oversight Committee, Mary G. Opperman, 228 MOTION to Exclude Plaintiffs' Expert Ty Minnich and Al Otto . filed by Cornell University. For the reasons explained, Cornell Defendants' motion to exclude the expert testimony of Otto and Minnich is GRANTED in part, the motions to exclude the expert testimony of Buetow, Dominguez, and Matheson are DENI ED, and the motion for summary judgment is GRANTED for all counts except for Count V insofar as it alleges imprudent retention of TIAA-CREF Lifecycle target date funds. CAPTRUST's motion for summary judgment is GRANTED. The Clerk is respectfully directed to te1minate the motions (Docs 221, 225, 228, 278, 233.) An order addressing the parties' requests to seal parts of the summary judgment record will follow. (Signed by Judge P. Kevin Castel on 9/27/2019) (rro)