DUCHESNEAU v. CORNELL UNIVERSITY et al

Filing 203

ORDER THAT UPON CONSIDERATION OF DEFENDANT CORNELL UNIVERSITY'S MOTION TO ESTABLISH APPLICABLE LAW (DOC. NO. 170), PLAINTIFF RANDALL DUCHESNEAU'S PARTIAL OPPOSITION THERE TO (DOC. NO. 176), CORNELL'S REPLY (DOC. NO. 185), AND PLAINTIFF'S SURREPLY (DOC. NO. 194); CORNELL'S MOTION IS GRANTED IN PART AND DENIED IN PART FOR THE REASONS OUTLINED HEREIN. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 11/22/2011. 11/23/2011 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

RANDALL DUCHESNEAU
Plaintiff,
v.
CORNELL UNIVERSITY, et al.
Defendant.

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CIVIL ACTION

No. 08-4856

ORDER
AND NOW, this

22nd

day of November, 2011, upon consideration of Defendant

Cornell University’s (“Cornell”) Motion to Establish Applicable Law (Doc. No. 170), Plaintiff
Randall Duchesneau’s (“Plaintiff”) partial opposition thereto (Doc. No. 176), Cornell’s reply
(Doc. No. 185), and Plaintiff’s surreply (Doc. No. 194), IT IS HEREBY ORDERED that
Cornell’s motion is GRANTED IN PART, and DENIED IN PART as follows:
(1)

Regarding the effect of punitive damages upon the application of comparative
negligence, Cornell’s motion is GRANTED. New York law will apply on this
issue.

(2)

Regarding compensatory damages, Cornell’s motion is DENIED WITHOUT
PREJUDICE. Plaintiff is ordered to file a Supplemental Response to Cornell’s
motion that substantively addresses the choice of law applicable to compensatory
damages, on or before December 5, 2011. Cornell may file a Reply on or before
December 12, 2011. No further briefing on this issue shall be filed.

(3)

Regarding all other choice of law issues as between Plaintiff and Cornell,
Cornell’s motion is GRANTED as unopposed, and New York law shall apply to
all other issues.

BY THE COURT:

/s/ Lynne A. Sitarski
LYNNE A. SITARSKI
UNITED STATES MAGISTRATE JUDGE