Judge rejects Diego Sarabia's gag bid in the Cornell case and strikes a lawyer's email

A New York judge has refused to muzzle the lawyers in the Cornell fraternity lawsuit. She also had sharp words for the defendant who asked her to do it.

Request denied

Judge Phaedra Perry-Bond rejected a motion from Diego Sarabia, one of the seven men named in the suit, according to court documents. He wanted limits on what attorneys and other people tied to the case can say in public.

In her ruling the judge wrote that his legal team fell well short of a persuasive case. People sharing their views about a lawsuit, she said, is not a good enough reason to restrict their free speech. Sarabia's side gave her no solid grounds to step in.

The email that angered the court

What bothered the judge most was an exhibit. Sarabia's attorneys filed an email written by a lawyer who is not formally part of the case. In it, that lawyer all but threatened another attorney over public remarks.

The judge said the email added nothing of value. She suggested it was filed mainly to draw "salacious tabloid reporting" and made clear her court will not serve as a stage for media fights.

She ordered the email taken out of the court record. She also warned the lawyers they could be sanctioned if it happens again.

How the fight began

The ruling grew out of an earlier motion in which Sarabia's lawyers sought to keep Jane Doe's lawyer from discussing the suit with the press. They argued he was using the press to shape public opinion in a way that could poison the jury pool.

The underlying case

The civil complaint comes from a former Cornell student. She alleges that seven Chi Phi brothers took part in a gang rape in 2024. The defendants deny her claims. New York officials have since appointed a special prosecutor to look at possible criminal charges.

For now the message from the bench is simple. Keep the drama outside her courtroom.