Plaintiff v. Defendant
Filed: May 6, 2025 as 7:2024cv02885
Court: New York Southern District Court
Defendant: Plaintiff v. Defendant
Plaintiff: Plaintiff v. Defendant
Nature of Suit: Fair Labor Standards Act
ORDER granting 71 Letter Motion for Discovery. For the foregoing reasons, Defendant's motion is granted. The FLSA claims of Opt-in Plaintiffs MaryBeth Acocella, Bernadette Ocampos Romero, and Ellen Rosner are dismissed with prejudice. The Clerk of Court is respectfully requested to terminate the pending letter-motion (Doc. 71). SO ORDERED.. (Signed by Judge Philip M. Halpern on 5/5/2025) (jca)
Nolan et al v. International Business Machines Corporation
Filed: April 10, 2025 as 7:2024cv04653
Court: New York Southern District Court
Defendant: International Business Machines Corporation, Kyndryl Holdings Inc.
Plaintiff: Karla Bousquet, Randall Blanchard, Teresa Cook, Jay Zeltzer, Michael Nolan
Nature of Suit: Employment
OPINION & ORDER For the foregoing reasons, Defendants' motion to sever is GRANTED. Michael Nolan, Karla Bousquet, Jay Zeltzer, and Teresa Cook shall proceed as the only plaintiffs, and International Business Machines Corporation as the sole defe ndant, in case 24-CV-04653PMH. Within 14 days of this Order, Plaintiffs Michael Nolan, Karla Bousquet, Jay Zeltzer, and Teresa Cook shall file a second amended complaint that eliminates any allegation now existing in the Amended Complaint…
Plaintiff v. Defendant
Filed: March 12, 2025 as 7:2024cv02885
Court: New York Southern District Court
Defendant: Plaintiff v. Defendant
Plaintiff: Plaintiff v. Defendant
Nature of Suit: Fair Labor Standards Act
OPINION AND ORDER re: 37 MOTION to Certify Class (conditional certification pursuant to 29 USC 216(b)). filed by Cheryl Burgard, 40 LETTER MOTION to Seal addressed to Judge Philip M. Halpern from Matthew W. Lampe dated September 13, 2024. filed by International Business Machines Corporation. Based upon the foregoing, Plaintiff's motion to conditionally certify a collective action under 29 U.S.C. § 216(b) is GRANTED. The conditionally certified collect ive…
Xinuos, Inc. v. International Business Machines Corporation et al
Filed: February 28, 2025 as 7:2022cv09777
Court: New York Southern District Court
Defendant: International Business Machines Corporation, Red Hat Inc.
Plaintiff: Xinuos, Inc.
Nature of Suit: Copyrights
ORDER: Defendants move to compel Plaintiff to supplement its response to three of Defendants' interrogatories. For the reasons below, the motion is GRANTED in part and DENIED in part. As further set forth in this Order. For the reasons sta ted above, Defendants' motion to compel is GRANTED in part and DENIED in part. Plaintiff must provide supplemental responses to Defendants' Interrogatory Nos. 3, 4, and 5, consistent with this Order, within 21 days of the date…
Carvana, LLC v. International Business Machines Corporation
Filed: November 22, 2024 as 7:2023cv08616
Court: New York Southern District Court
Defendant: International Business Machines Corporation
Plaintiff: Carvana, LLC
Nature of Suit: Patent
OPINION & ORDER: For the reasons above, Defendant's Motion to Compel is GRANTED in part and DENIED in part. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 11/22/2024) (ks)
Sterling Computers Corporation v. International Business Machines Corporation
Filed: November 5, 2024 as 4:2023cv04150
Court: South Dakota District Court
Defendant: International Business Machines Corporation
Plaintiff: Sterling Computers Corporation
Nature of Suit: Trademark
ORDER denying 29 Motion to Dismiss. Signed by U.S. District Judge Camela C. Theeler on 11/5/2024. (CR)
IBM Corporation v. Micro Focus (US), Inc. et al
Filed: July 8, 2024 as 7:2022cv09910
Court: New York Southern District Court
Counter Claimant: Micro Focus (US), Inc.
Counter Defendant: IBM Corporation
Defendant: Micro Focus International PLC
Interested Party: Kirkland & Ellis LLP
Nature of Suit: Copyrights
MEMORANDUM OPINION AND ORDER: Because Judge Reznik's Order contained no error, clear or otherwise, or any ruling contrary to law, defendant's Rule 72(a) objections are OVERRULED. SO ORDERED (Signed by Judge Vincent L. Briccetti on 7/8/2024) (ks)
Jenkins v. International Business Machines Corporation et al
Filed: May 1, 2024 as 7:2023cv10244
Court: New York Southern District Court
Defendant: International Business Machines Corporation, Johnson & Johnson Health Care Systems, Inc. d/b/a Janssen, Johnson & Johnson Health Care Systems, Inc.
Plaintiff: Jarvis Bryant Jenkins
Nature of Suit: Other Personal Injury
ORDER denying as moot 6 Motion to Appoint Counsel. Plaintiff's motion is DENIED as moot in light of the consolidation of this case with Malinowski v. International Business Machines Corporation et al., 23-cv-08421-NSR. Clerk of Court is requested to terminate the motion at ECF No. 6. (Signed by Judge Nelson Stephen Roman on 5/1/2024) (ate)
Plaintiff v. Defendant
Filed: April 1, 2024 as 7:2023cv08327
Court: New York Southern District Court
Defendant: Plaintiff v. Defendant
Plaintiff: Plaintiff v. Defendant
Nature of Suit: Other Labor Litigation
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... IT IS SO ORDERED. (Signed by Judge Cathy Seibel on 4/1/2024) (tg)
Xinuos, Inc. v. International Business Machines Corporation et al
Filed: April 1, 2024 as 7:2022cv09777
Court: New York Southern District Court
Defendant: International Business Machines Corporation, Red Hat Inc.
Plaintiff: Xinuos, Inc.
Nature of Suit: Copyrights
ORDER RE STATUS CONFERENCE: A Status Conference (via telephone) is hereby scheduled April 12, 2024 at 11:00 AM. The parties are to dial in to the ATT conference line at 877-336-1839, enter access code 5999739 and then # to enter the conference. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 4/1/2024) ( Telephone Conference set for 4/12/2024 at 11:00 AM before Magistrate Judge Victoria Reznik.) (ks)
IBM Corporation v. Micro Focus (US), Inc. et al
Filed: February 8, 2024 as 7:2022cv09910
Court: New York Southern District Court
Counter Claimant: Micro Focus (US), Inc.
Counter Defendant: IBM Corporation
Defendant: Micro Focus International PLC
Interested Party: Kirkland & Ellis LLP
Nature of Suit: Copyrights
ORDER: For the reasons described above, the Clerk of Court shall maintain ECF Nos. 161-1 and 161-2 as under seal and available only to selected parties. To the extent any of the documents referred to in this Order are only designated by the prote ctive order (ECF No. 113) as highly confidential until the end of the review period (30 days after the final transcripts are available), the parties shall inform the Court via a joint letter when the review period has ended. If the parties…
Xinuos, Inc. v. International Business Machines Corporation et al
Filed: January 23, 2024 as 7:2022cv09777
Court: New York Southern District Court
Defendant: International Business Machines Corporation, Red Hat Inc.
Plaintiff: Xinuos, Inc.
Nature of Suit: Copyrights
ORDER RE STATUS CONFERENCE: A Status Conference (via telephone) is hereby scheduled for February 27, 2024 at 11:30 am. The parties are to dial in to the ATT conference line at 877-336-1839, enter access code 5999739, then # to enter the confere nce. At the Status Conference, the parties should be prepared to discuss the following: As further set forth in this order. A blank case management plan is attached to this order. If the parties do not have a CMP in place, then they…
Carvana, LLC v. International Business Machines Corporation
Filed: December 13, 2023 as 7:2023cv08616
Court: New York Southern District Court
Defendant: International Business Machines Corporation
Plaintiff: Carvana, LLC
Nature of Suit: Patent
DISCOVERY ORDER: The above-referenced action has been referred to the undersigned for general pre-trial purposes. See 28 U.S.C. §636(b)(1)(A). All pre-trial applications submitted to the undersigned must comply with this Court's Indiv idual Practices. All discovery (including requests for admission and any applications to the Court regarding the conduct of discovery) must be initiated in time to be concluded by the deadline for all discovery. SO ORDERED. (Signed by…
Carvana, LLC v. International Business Machines Corporation
Filed: December 13, 2023 as 7:2023cv08616
Court: New York Southern District Court
Defendant: International Business Machines Corporation
Plaintiff: Carvana, LLC
Nature of Suit: Patent
ORDER RE STATUS CONFERENCE: A Status Conference (via telephone) is hereby scheduled for February 6, 2024 at 10:30 am. The parties are to dial in to the ATT conference line at 877-336-1839, enter access code 5999739, then # to enter the conference. At the Status Conference, the parties should be prepared to discuss the following: (1) a brief summary of claims, defenses, and relevant issues; (2) the basis of subject matter jurisdiction; (3) the subjects on which discovery may be needed;…
Hayden v. International Business Machines Corporation et al
Filed: December 7, 2023 as 7:2021cv02485
Court: New York Southern District Court
Defendant: International Business Machines Corporation, Pablo Suarez, Shanker Ramamurthy
Plaintiff: Gerald Hayden
ORDER: The Court has reviewed the parties' December 5, 2023 joint letter proposing competing schedules for: (1) Defendants production of documents pursuant to the rulings made on the record at the November 15, 2023 conference; (2) the date by which Plaintiff will take a Fed. R. Civ. P. 30(b)(6) deposition of Defendants; and (3) the completion of expert discovery. (Docket Nos. 191; 192). Since the parties were unable to come up with a schedule on their own, the Court adopts…
Stafford v. International Business Machines Corporation
Filed: October 13, 2023 as 1:2021cv06164
Court: New York Southern District Court
Petitioner: Elizabeth Stafford
Respondent: International Business Machines Corporation
Nature of Suit: Arbitration
ORDER: Pursuant to the Second Circuit's decision dated August 14, 2023, this case is hereby dismissed as moot. (See ECF No. 33.) The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/13/2023) (tg)
GlobalFoundries U.S. Inc. v. International Business Machines Corporation
Filed: September 23, 2023 as 7:2023cv03348
Court: New York Southern District Court
Defendant: International Business Machines Corporation
Plaintiff: GlobalFoundries U.S. Inc.
ORDER granting 71 Letter Motion to Seal. Granted. so ordered. (Signed by Judge Kenneth M. Karas on 9/22/2023) (rro)
Plaintiff v. Defendant
Filed: September 14, 2023 as 3:2023cv01308
Court: Texas Northern District Court
Defendant: Plaintiff v. Defendant
Plaintiff: Plaintiff v. Defendant
Nature of Suit: Other Labor Litigation
MEMORANDUM OPINION AND ORDER granting Defendant's 12(b)(6) Motion to Dismiss filed by International Business Machines Corporation and granting plaintiff leave to replead. (Ordered by Senior Judge Sidney A Fitzwater on 9/14/2023) (Senior Judge Sidney A Fitzwater)
Hayden v. International Business Machines Corporation et al
Filed: September 14, 2023 as 7:2021cv02485
Court: New York Southern District Court
Defendant: International Business Machines Corporation, Pablo Suarez, Shanker Ramamurthy
Plaintiff: Gerald Hayden
ORDER ALLOWING ALTERNATIVE SERVICE: Upon due consideration of Plaintiff's motion for Alternative Service at the September 13, 2023, status conference, at which all appearing parties were heard, it is hereby ORDERED: 1. That Plaintiff's Motion for Alternative Service is GRANTED, and Plaintiff is permitted to serve the deponent, Thomas Eck ("Deponent"), by alternative means calculated to bestow timely actual notice. 2. That these alternative means may include, but…
Lockinger v. International Business Machines Corporation
Filed: June 23, 2023 as 1:2022cv09888
Court: New York Southern District Court
Defendant: International Business Machines Corporation
Plaintiff: Catherine Lockinger
Nature of Suit: Employment
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Jennifer L. Rochon on 6/23/2023) (jca)
