IBM Federal District Court Decisions

International Business Machines Corporation v. Rakuten, Inc. et al

Filed: June 1, 2023 as 1:2021cv00461
Court: Delaware District Court
Defendant: Rakuten Commerce, LLC, Rakuten USA, Inc., Ebates Inc. doing business as Rakuten, Rakuten, Inc., Ebates Performance Marketing, Inc. doing business as Rakuten Rewards
Plaintiff: International Business Machines Corporation
Nature of Suit: Patent

MEMORANDUM OPINION re claim construction. Signed by Judge Gregory B. Williams on 6/1/23. (ntl)

Lubrizol Corporation v. International Business Machines Corporation

Filed: May 15, 2023 as 1:2021cv00870
Court: Ohio Northern District Court
Defendant: International Business Machines Corporation
Plaintiff: Lubrizol Corporation
Nature of Suit: Other Contract

Memorandum Opinion and Order. Lubrizol's motion to compel is GRANTED. 77 . Within 28 days of this Memorandum Opinion and Order, IBM is hereby ordered to produce: (1) the entirety of any Slack conversation containing 20 or fewer total messages that has at least one responsive message; and (2) the 10 messages preceding or following any responsive Slack message in a Slack channel containing more than 20 total messages. Within 28 days, Lubrizol shall do the same with respect to its…

Washbish v. International Business Machines Corporation

Filed: May 9, 2023 as 1:2023cv03013
Court: New York Southern District Court
Defendant: International Business Machines Corporation
Plaintiff: Gail Washbish
Nature of Suit: Arbitration

ORDER granting 18 Letter Motion to Seal. The Respondent's request is hereby GRANTED. The parties are ORDERED to submit a proposed briefing schedule as to the sealing issue on or by May 12, 2023. IT IS SO ORDERED.. (Signed by Judge Andrew L. Carter, Jr on 5/9/2023) (ks)

GlobalFoundries U.S. Inc. v. International Business Machines Corporation

Filed: May 4, 2023 as 7:2023cv03348
Court: New York Southern District Court
Defendant: International Business Machines Corporation
Plaintiff: GlobalFoundries U.S. Inc.

CALENDAR NOTICE, Please take notice that the above captioned action has been scheduled for oral argument on Plaintiff's Motion to Expedite Discovery before the Honorable Kenneth M. Karas, United States District Judge, on Thursday, May 11, 2023 at 11 :00 a.m. in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601. So Ordered. ( Oral Argument set for 5/11/2023 at 11:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas.) …

Roberts et al v. International Business Machines Corporation

Filed: April 25, 2023 as 7:2021cv09928
Court: New York Southern District Court
Defendant: International Business Machines Corporation
Plaintiff: Gary Roberts, HRH P. Michael Popa, R. Kevin Rodriguez, Jonathan Rosenoer, Mike Carrubba, Bill Ellmore, Michael Butera, Alanna Robinson-Bailey, Kevin Monagle, Philip Philippides, Darin Cross, Darrell Goff, Demone Abrams, Ken Claflin, Alex Campos, Linda Reda, Dwayne Picou, Igancio Angles, Nikhil Patel, Deborah Young, Jim Fyffe, Vidya Sagar, Heidi Pehhrson, Venkat Govindarajan, Jeffrey Werner, Robert Broughton, Piyush Gupta, Michael Matry, Christopher Britton, Peter Toro, Cathy Carney, Patrick O'Boyle, III and others
Nature of Suit: Employment

ORDER: Accordingly, it is hereby ORDERED that, by no later than May 4, 2023, plaintiffs must notify the Court by letter whether they (i) intend to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint t hat is the subject of the motion to dismiss. If plaintiffs elect not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiffs a further opportunity to amend to address the …

Kinney et al v. International Business Machines Corporation

Filed: April 14, 2023 as 1:2021cv05848
Court: New York Southern District Court
Defendant: International Business Machines Corporation
Plaintiff: Tom Kierl, Constance Lewis, Sheri Parr, Paul Pham, Chris Mancuso, Wilbert Talmadge
Nature of Suit: Employment

ORDER: The parties are ordered to provide a Joint Status Report to the Court on or before April 28, 2023 as to the status of any remaining claims in this action. (Signed by Judge Andrew L. Carter, Jr on 4/14/2023) (ate)

June E. Adams Irrevocable Trust Dated 7/21/14 FBO Edward Robert Adams v. International Business Machines Corporation et al

Filed: April 4, 2023 as 7:2023cv00332
Court: New York Southern District Court
Defendant: International Business Machines Corporation, Virginia M. Rometty, Martin J. Schroeter, James J. Kavanaugh, Arvind Krishna, Shanker Ramamurthy, Pablo Suarez, Sarah Diamond, Bridgette Van Kralingen, Alistair Rennie, Mark Andrews, Don India, Chris Johnston, Mark Foster
Plaintiff: June E. Adams Irrevocable Trust Dated FBO Edward Robert Adams, individually and on behalf of all others similarly situated,, June E. Adams Irrevocable Trust Dated FBO Edward Robert Adams
Nature of Suit: Securities/Commodities/Exchanges

ORDER APPOINTING LEAD PLAINTIFF, AND APPROVING LEAD PLAINTIFF'S SELECTION OF COUNSEL granting 12 Motion to Appoint ; granting 12 Motion to Appoint Counsel. IT IS HEREBY ORDERED THAT: APPOINTMENT OF LEAD PLAINTIFF AND LEAD COUNSEL. 1. Pursuant to Section 21D(a)(3)(B) of the Exchange Act, Movant is appointed as Lead Plaintiff for the class as Movant has the largest financial interest in this litigation and otherwise satisfies the…

Washbish v. International Business Machines Corporation

Filed: March 9, 2023 as 3:2021cv01521
Court: Connecticut District Court
Defendant: International Business Machines Corporation
Plaintiff: Gail A. Washbish
Nature of Suit: Employment

ORDER: For the reasons set forth in the attached ruling, Defendant International Business Machines Corporation's Motion to Dismiss (ECF No. 43 ) is hereby GRANTED. The Clerk shall close this case. It is so ordered. Signed by Judge Alvin W. Thompson on 03/09/2023. (Ghinaglia Socorro, F.)

Michael J. Libman et al v. United States of America et al

Filed: March 2, 2023 as 2:2021cv09455
Court: California Central District Court
Defendant: UNITED STATES OF AMERICA, US ATTORNEY GENERAL MERRICK B. GARLAND, Tracy L Wilkinson, (Official Capacity) Kristi Koons Johnson, MELISSA J MILLS, FBI SPECIAL AGENT ANDREW CIVETTI, FBI SPECIAL AGENT JULIENNE MAYFIELD, FBI SPECIAL AGENT JOHN DOE, FBI SPECIAL AGENT JIM DOE, FBI SPECIAL AGENT THOMAS RUSCITTI,, Brian S. Kabateck, Esq., KABATECK, LLP, Michael Feuer, Elihu M. Berle, CITY OF LOS ANGELES, MARIBETH ANNAGUEY, ESQ, ERIC M. GEORGE, Attorney Eric Kingsley, KINGSLEY AND KINGSLEY, NICOLA HANNAH, MACK ERIC JENKINS, ESQ, Melissa J. Mills, FBI Special Agent Thomas Ruscitti, Judge Elihu M. Berle, Maribeth Annaguey, Esq., Eric Kingsley, Mack Eric Jenkins, Esq., Does 3 to 300 inclusive, ANASTASIA MAZZELLA, Does 11 to 300 inclusive
Plaintiff: MICHAEL J. LIBMAN, Barbara Libman, Minor A.A., Minor B, Law Offices of Michael J. Libman APC, Minor A
Nature of Suit: Other Civil Rights

JUDGEMENT FOR DEFENDANTS by Judge Sunshine Suzanne Sykes: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Plaintiffs Second Amended Complaint is dismissed in full as against all Defendants and with prejudice. IT IS FURTHER ORDERED, ADJUDGED, AND DEC REED that judgment is entered in favor of Defendants United States of America, Melissa Mills, Mack Jenkins, Nicola Hanna, Julianne Mayfield, Andrew Civetti, and Thomas Ruscitti on all causes of action, and against Plaintiffs on all causes of…

Libman v. Apple, Inc.

Filed: February 7, 2023 as 5:2022cv07069
Court: California Northern District Court
Defendant: Apple, Inc.
Plaintiff: Elliot Libman
Nature of Suit: Other Personal Injury

SUA SPONTE Judicial Referral for Purpose of Determining Relationship of Case 5:23-cv-00426 NC with 5:22-cv-07069 EJD. Signed by Judge Nathanael M. Cousins on 2/7/2023. (lmh, COURT STAFF) (Filed on 2/7/2023)

Kingston v. International Business Machines Corporation

Filed: February 3, 2023 as 2:2019cv01488
Court: Washington Western District Court
Defendant: International Business Machines Corporation
Plaintiff: Scott Kingston
Nature of Suit: Employment

ORDER re Parties' 233 Stipulated MOTION Directing Entry of Judgment. The Court DIRECTS the Clerk to enter final amended judgment as follows: (1) $1,874,302.00 for past economic loss; (2) $3,097,642.00 for future economic loss; (3) &# 036;113,728.00 for unpaid sales commissions; (4) $1,500,000.00 for noneconomic damages; (5) $1,514,337.00 in attorneys' fees and $40,124.19 in nontaxable litigation expenses incurred through trial and up to the appeal;…

Kingston v. International Business Machines Corporation

Filed: January 25, 2023 as 2:2019cv01488
Court: Washington Western District Court
Defendant: International Business Machines Corporation
Plaintiff: Scott Kingston
Nature of Suit: Employment

ORDER granting Plaintiff's 230 Motion for Leave to File Overlength Reply Brief. Plaintiff may file a Reply Brief of no more than 8 pages. Signed by Judge Marsha J. Pechman. (SB)

Kingston v. International Business Machines Corporation

Filed: January 11, 2023 as 2:2019cv01488
Court: Washington Western District Court
Defendant: International Business Machines Corporation
Plaintiff: Scott Kingston
Nature of Suit: Employment

ORDER Directing Entry of Judgment. The Court DIRECTS the Clerk to enter final judgment as follows: (1) $1,874,302.00 for past economic loss, (2) $3,097,642.00 for future economic loss, (3) $113,728.00 for unpaid sales commissions; (4) $1,500,000.00 for noneconomic damages; (5) $1,514,337.00 in attorneys' fees and $40,124.19 in nontaxable litigation expenses incurred through trial and up to the appeal; (6) a tax offset award of $1,117,508.00; and…

Stickler v. IBM, Inc.

Filed: January 11, 2023 as 1:2022cv02449
Court: New York Southern District Court
Defendant: IBM, Inc.
Plaintiff: Michael Stickler
Nature of Suit: Other Civil Rights

STIPULATION AND ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION: IT IS HEREBY ORDERED THAT: This Stipulation is being entered into to facilitate the production, exchange and discovery of documents and information that merit confiden tial treatment. Extracts and summaries of Confidential Information or Highly Confidential Information-Attorneys' Eyes Only shall also be treated as confidential or highly confidential in accordance with the provisions of this…

Williams v. IBM

Filed: January 11, 2023 as 1:2022cv04300
Court: Illinois Northern District Court
Defendant: IBM
Plaintiff: Lamont Williams
Nature of Suit: Employment

MEMORANDUM Opinion and Order: The Court grants Defendant's motion to dismiss the complaint with prejudice 16 . Civil case terminated. Signed by the Honorable Sharon Johnson Coleman on 1/11/2023. Mailed notice. (ym, )

IBM Corporation v. Micro Focus (US), Inc. et al

Filed: December 15, 2022 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: On December 14, 2022, defendants moved to dismiss the complaint. (Doc. #28). Accordingly, it is hereby ORDERED that, by no later than December 27, 2022, plaintiff must notify the Court by letter whether plaintiff (i) intends to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss, as further set forth. (Signed by Judge Vincent L. Briccetti on 12/15/2022) (mml)

Xinuos, Inc. v. International Business Machines Corporation et al

Filed: December 8, 2022 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 granting 86 Letter Motion to Adjourn Conference. The Court will hold a status conference with the parties on January 17, 2023 at 10:15 a.m. The parties shall submit a joint letter by January 10th, stating their joint or respective positions on a schedule for moving forward. SO ORDERED. Status Conference set for 1/17/2023 at 10:15 AM before Judge Cathy Seibel. (Signed by Judge Cathy Seibel on 12/8/2022) (tg)

Hayden v. International Business Machines Corporation et al

Filed: November 15, 2022 as 7:2021cv02485
Court: New York Southern District Court
Defendant: International Business Machines Corporation, Pablo Suarez, Shanker Ramamurthy
Plaintiff: Gerald Hayden

AMENDED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 11/15/2022) (vfr)

Hayden v. International Business Machines Corporation et al

Filed: November 15, 2022 as 7:2021cv02485
Court: New York Southern District Court
Defendant: International Business Machines Corporation, Pablo Suarez, Shanker Ramamurthy
Plaintiff: Gerald Hayden

ORDER: The Court having So Ordered the parties' Amended Protective Order Dated November 15, 2022, which, among other things, provides for the filing of documents under seal, it is further ORDERED: 1. The parties shall consult and comply with the instructions for filing documents under seal, as set forth herein. 2. A full and unredacted courtesy copy of any submission of documents electronically filed under seal shall be provided to Chambers as soon practicable, marked…

Hayden v. International Business Machines Corporation et al

Filed: September 16, 2022 as 7:2021cv02485
Court: New York Southern District Court
Defendant: International Business Machines Corporation, Pablo Suarez, Shanker Ramamurthy
Plaintiff: Gerald Hayden

ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to ensure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues , the following procedures will be followed for the resolution of discovery disputes: The party objecting to disclosure, claiming an insufficient response to a discovery request or asserting a privilege bears the burden of coming forward by…