SDNY
COURTHOUSE, Oct 6 – In the case of
Charayu Rana versus JPMorgan Chase and his former
supervisor there Lorna Hajdini, now in the U.S. District
Court for the Southern District of New York, an oral
argument on discovery disputes was held on October 6
before Judge Lewis A. Kaplan. Inner City Press was
there, thread:
Rana's
lawyer:
We oppose subpoenas to Mr. Rana's previous employers,
other than Morgan Stanley. It's just a fishing
expedition-
Judge Lewis A. Kaplan: But there may be gold in them
thar hills.
Rana's lawyer: Pardon? Fishing expedition..
Judge: Mineral exploration
Judge
Kaplan:
If he lied to get the job, maybe he lied about the job.
Rana's lawyer: There is 2nd Circuit precedent against
non-party subpoenas about sexual assault victims, to
former employers.
Judge: If he had he was responsible for $20 million,
they can test it
Judge
Kaplan:
And what is your Second Circuit Court of Appeals
precedent?
Rana's lawyer: I'm sorry, I meant, SDNY cases... Merrill
Lynch, NY Presbyterian, Equinox...
Judge: Unless you have more on that, we should move on.
Rana's lawyer: Subpoenas can cause harm
Judge
Kaplan:
The former employers already know.
Rana's lawyer: Again, it's a fishing expedition-
Judge Kaplan: No. The hunting and fishing game doesn't
work in my court. Discovery *is* a fishing expedition.
The question is, is it relevant? Is it proportionate?
Rana's
lawyer:
Their subpoena to Morgan Stanley, we do not oppose, at
least not most of it. There was a prior complaint-
Judge Kaplan: I have read this complaint, in this case,
and it is one of the longest I have ever seen. It has
unnecessary details...
Judge
Kaplan:
If I were a cynic, I might say it was filed to embarrass
JPMorgan and get publicity... Your client's name is now
all over the industry - because he put it there. He has
accomplished something almost entirely negative for his
future employment
Rana's
lawyer:
Then there is the subpoena to his subsequent employer,
Bregal Sagemount. We are requesting information about
JPMorgan's communication with them, interfering with Mr.
Rana's employment.
Judge Kaplan: Let me hear from JPMorgan. Ms. "Fair"?
JPM's
lawyer:
I am Cardelle Spangler, your Honor, for JPMorgan Chase
Bank NA. Mr. Rana was untruthful with with JPMorgan. He
took bereavement leave but we have since learned that
his father did not die. He say he was such an incredible
talent? We want to test it
JPM's
lawyer:
He says he'd made $2 million a year? He never made that
at JPMorgan Chase. So we want to test it. He made the
same allegations at Morgan Stanley, that a male
supervisor supposedly raped and drugged him. He put this
in an online chat, in his own name
JPM's
lawyer:
The allegations he made at Morgan Stanley are almost
identical with what he has claimed at JPMorgan Chase-
Judge Kaplan: Maybe it proves that racism is not dead.
[Cardelle Spangler appears to be an African American
Judge
Kaplan:
You don't need to show relevant to the merits for now.
Lorna Hajdini's lawyer: Your Honor, Melissa Rodriguez of
Morgan Lewis. The state complaint is even more
salacious. Ms. Hajdini supposed called her breasts
cannons? No woman says that
Hajdini's
lawyer:
Ms. Hajdini never engaged in romance and sexual acts
with Mr. Rana. But she is now subject to worldwide
ridicule and memes, receive crude threats about
gangbanging
Hajdini's
lawyer:
At Morgan Stanley, Mr. Rana even tried to recruit other
employees to corroborate his claims, telling them they
too could make money. He went on an online chat board,
wrote about his separation agreement. So we have a right
to subpoena that
Hajdini's
lawyer:
First Mr. Rana told a journalist that the online post
was a deep fake. Then he admitted that he wrote it, but
said that the references to Morgan Stanley was just a
camouflage for JPMorgan. It makes no sense. He used his
own name
Judge
Kaplan:
Anything more from the plaintiff?
Rana's lawyer: Your Honor, they want all of Mr. Rana's
information from Verizon for almost two years, from
March 2024 to December 31, 2025, all texts and
geo-location.
Judge Kaplan: Seems overboard. Defense?
Hajdini's
lawyer:
Your Honor, they have refused to tell us the dates of
the supposed sexual assaults. So we need the information
to prove that they were not even in the same place
Judge Kaplan: But two years' of data?
Hajdini's lawyer: We could limit to 2024
Hajdini's
lawyer:
He told the media that his Verizon account was
compromised; he alleges threats.
3d defense lawyer: Your Honor, I am Kristine Feher, I
represent Brandon Graffeo, Jon Wolter and Kelly Crowe.
They never sent threats, we need the data
Feher:
We are newer to the case, our responsive pleading is not
even due until next week. I am no expert in technology,
but Mr. Rana could have bought a burner, the Verizon
data might prove that.
Judge Kaplan: I will have a decision on discovery very
rapidly
Rana's
lawyer:
We will need to depose seven to ten people.
Judge Kaplan: Any experts?
Rana's lawyer: One on economics, and another on mental
health.
Judge Kaplan: And for the defense?
JPM's lawyer: Four experts: damages, text messages,
vocational & a medical exam
Hajdini's
lawyer:
We'll want that medical exam too.
Judge Kaplan: The discovery schedule-
Feher: You wished it on September 15.
Judge Kaplan: That is very helpful.
Feher: You're welcome, Your Honor.
Judge: I will extend the discovery period and set a
trial date
Judge
Kaplan:
Trial in the middle third of 2027. Before this
litigation funds all of you lawyers' children's
educations, any hope of settlement?
Rana's 2d lawyer (male) It may be possible, but I think
we all agree we need some documents and depositions
first
JPMorgan's
lawyer:
We got the notice about mandatory mediation, we would
like to be excused from it. Plaintiff previously
disclosed settlement communications to the press. I have
never seen that in my thirty years of practice. So we
are reluctant.
JPM's
lawyer:
Mr. Rana fabricated his claims. Paying is not in the
cards
Hajdini's lawyer: There is no amount Ms. Hajdini would
pay Mr. Rana. The only negotiation would be what Mr.
Rana should pay her, and for a public apology.
Judge: By comparison Ukraine is easy
Judge
Kaplan:
Anything further?
JPMorgan's lawyer: Last time you instructed us about
publicity. There is a lot of interest from the press-
Judge Kaplan: There may be some of them behind you right
now
[Inner City Press in back row of gallery where US
Marshals sit]
Judge
Kaplan:
We have a rule in this District about public
statements.. I don't have it here on the bench but
counsel should look at it, and quickly. If you ever
think talks would help, I can call in the Magistrate,
who would also have jurisdiction to act on leaks
Adjourned
The case is Rana v. JPMorgan Chase Bank, N.A., et al., 1:26-cv-06351 (Kaplan)
