IBM Federal District Court Decisions

International Business Machines Corporation v. Johnson

Filed: February 9, 2022 as 3:2022cv00053
Court: North Carolina Western District Court
Petitioner: International Business Machines Corporation
Respondent: Jon Johnson
Nature of Suit: Arbitration

ORDER granting 4 International Business Machines Corporations Motion to Seal. Document Nos. 1-2, 1-3, 1-4, 1-5, 1-6, 1-7, 1-8, and Document No. 3 shall remain under SEAL until otherwise ordered by this Court. IT IS FURTHER ORDERED that International Business Machines Corporation shall file a publicly available redacted version of "Petitioner International Business Machines Corporations Memorandum In Support Of Motion To Confirm Arbitration Award" (Document No. 3) on or…

BMC Software, Inc. vs International Business Machines Corporation

Filed: February 7, 2022 as 4:2017cv02254
Court: Texas Southern District Court
Plaintiff: BMC Software, Inc., International Business Machines Corporation
Nature of Suit: Other Contract

ORDER clarifying prior decision order and outlining the remaining issues (Docket entry no. 586)(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)

Plaintiff v. Defendant

Filed: February 3, 2022 as 1:2021cv09574
Court: New York Southern District Court
Consolidated Plaintiff: Plaintiff v. Defendant and others
Defendant: Plaintiff v. Defendant
Plaintiff: Plaintiff v. Defendant
Nature of Suit: Arbitration

ORDER: In light of the foregoing, it is hereby ORDERED that IBM shall, no later than February 10, 2022, file a letter indicating whether its motion to dismiss is directed solely at Plaintiff Sharon Gilmore's Amended Complaint or applies to all Second Wave plaintiffs that is, the plaintiffs in the cases consolidated under 21-CV-9574. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/3/2022) (ks)

Plaintiff v. Defendant

Filed: January 14, 2022 as 1:2021cv09574
Court: New York Southern District Court
Consolidated Plaintiff: Plaintiff v. Defendant and others
Defendant: Plaintiff v. Defendant
Plaintiff: Plaintiff v. Defendant
Nature of Suit: Arbitration

ORDER. It is hereby ORDERED that pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, case number 21-CV-10979 is consolidated under case number 21-CV-9574. As noted in the Court's previous Order regarding consolidation, see No. 21-CV-9574, ECF No. 5, notwithstanding such consolidation, the consolidated cases will "retain their separate identities." Hall v. Hall, 138 S. Ct. 1118, 1128-31 (2018). The Clerk of Court is directed to consolidate case number…

Burns v. International Business Machines Corporation

Filed: January 5, 2022 as 2:2020cv01555
Court: Washington Western District Court
Defendant: International Business Machines Corporation
Plaintiff: Vivian Burns
Nature of Suit: Americans with Disabilities - Employment

ORDER denying Plaintiff's 52 Motion for New Trial and Request for Relief Under Rules 59 and 60. This case remains CLOSED. Signed by Judge Ricardo S. Martinez. (SB) (cc: Plaintiff via USPS)

Plaintiff v. Defendant

Filed: January 5, 2022 as 1:2021cv09574
Court: New York Southern District Court
Consolidated Plaintiff: Plaintiff v. Defendant and others
Defendant: Plaintiff v. Defendant
Plaintiff: Plaintiff v. Defendant
Nature of Suit: Arbitration

ORDER. On December 22, 2021, Plaintiff Trapp filed the complaint in 21-CV-10979. As of this Order, no motion for consolidation has been filed, but the Court accepted the case as related to the cases consolidated under 21-CV-9574, and the cases appe ar to involve common questions of law and fact. The Court is inclined to consolidate this case with 21-CV-9574 pursuant to Rule 42 of the Federal Rules of Civil Procedure for all purposes. Any party who objects to such consolidation shall…

IN RE: IBM ARBITRATION AGREEMENT LITIGATION

Filed: January 3, 2022 as 1:2021cv06296
Court: New York Southern District Court
Amicus Curiae: Equal Employment Opportunity Commission
Consolidated Plaintiff: Mark Guerinot, william abt, Brian Brown, Brian Burgoyne, Mark Carlton, Denise Cote, Michael Davis, Mario DiFelice, Joseph Duffin, Om Goeckermann, Deborah Kamienski, Douglas Lee, Steven Mandel, Mark McHugh, Sandy Plotzker, Alexander Saldarriaga, Richard Ulnick, Mark Vornhagen, James Warren, Dean Wilson, Colleen Leigh, Fred Gianiny, Phillip Corbett, Brian Flannery
Defendant: International Business Machines Corporation
Plaintiff: William Chastka
Nature of Suit: Arbitration

ORDER: WHEREAS, on December 9, 2021, District Judge Furman entered an order directing Plaintiffs to provide Defendant by December 16, 2021, any proposed amended pleadings for review; WHEREAS, the December 9, 2021 order also directed the parties t o "confer regarding whether IBM will oppose any motion to file [Plaintiffs' proposed] amended pleadings" and to "submit to the court their joint or separate proposals for the briefing of any such motions" for…

IN RE: IBM ARBITRATION AGREEMENT LITIGATION

Filed: December 14, 2021 as 1:2021cv06296
Court: New York Southern District Court
Amicus Curiae: Equal Employment Opportunity Commission
Consolidated Plaintiff: Mark Guerinot, william abt, Brian Brown, Brian Burgoyne, Mark Carlton, Denise Cote, Michael Davis, Mario DiFelice, Joseph Duffin, Om Goeckermann, Deborah Kamienski, Douglas Lee, Steven Mandel, Mark McHugh, Sandy Plotzker, Alexander Saldarriaga, Richard Ulnick, Mark Vornhagen, James Warren, Dean Wilson, Colleen Leigh, Fred Gianiny, Phillip Corbett, Brian Flannery
Defendant: International Business Machines Corporation
Plaintiff: William Chastka
Nature of Suit: Arbitration

MEMORANDUM OPINION AND ORDER re: 64 LETTER MOTION to Stay addressed to Judge Jesse M. Furman from Shannon Liss-Riordan dated 12/4/2021. filed by Mark Carlton, Deborah Kamienski, Douglas Lee, Dean Wilson, Mario DiFelice, Alex ander Saldarriaga, Mark Guerinot, Richard Ulnick, Brian Burgoyne, Brian Flannery, Mark Vornhagen, Sandy Plotzker, Gregory Abelar, Steven Mandel, Mark McHugh, Denise Cote, William Chastka, James Warren, Brian Brown, Phillip Corbett,…

Lohnn v. International Business Machines Corp.

Filed: December 14, 2021 as 1:2021cv06379
Court: New York Southern District Court
Defendant: International Business Machines Corp.
Plaintiff: Denise Lohnn
Nature of Suit: Arbitration

ORDER: The parties are ORDERED to meet and confer regarding redactions on the reply brief, and Plaintiff is ORDERED to file a redacted reply brief on the public docket by Friday,December 17, 2021. By Friday, December 17, 2021, the parties are al so ORDERED to submit a joint letter setting forth each party's position with respect to each redaction in any of the papers that have been filed under seal in redacted form, including the specific harm that would befall Defendant…

Plaintiff v. Defendant

Filed: December 14, 2021 as 1:2021cv09574
Court: New York Southern District Court
Consolidated Plaintiff: Plaintiff v. Defendant and others
Defendant: Plaintiff v. Defendant
Plaintiff: Plaintiff v. Defendant
Nature of Suit: Arbitration

MEMORANDUM OPINION AND ORDER re: 7 LETTER MOTION to Stay Arbitrations addressed to Judge Jesse M. Furman from Shannon Liss-Riordan dated 12/4/2021. filed by Patricia Rivard-Gardner, Steven Reid, Justin Shofler, William Dunbar, Nancy Lapointe, Timothy Hou, Usha Krishnamurthy, Gina Mazzarelli, Jesse Greenberg, Paul Brackett, John Daglio, Toni Jefferson, Jeffrey Roberts, Gregory Nassar, David Nydam, Denise Cote, John Zoglin, Andrea Sayles, Walter Arnhols,…

IN RE: IBM ARBITRATION AGREEMENT LITIGATION

Filed: December 8, 2021 as 1:2021cv06296
Court: New York Southern District Court
Amicus Curiae: Equal Employment Opportunity Commission
Consolidated Plaintiff: Mark Guerinot, william abt, Brian Brown, Brian Burgoyne, Mark Carlton, Denise Cote, Michael Davis, Mario DiFelice, Joseph Duffin, Om Goeckermann, Deborah Kamienski, Douglas Lee, Steven Mandel, Mark McHugh, Sandy Plotzker, Alexander Saldarriaga, Richard Ulnick, Mark Vornhagen, James Warren, Dean Wilson, Colleen Leigh, Fred Gianiny, Phillip Corbett, Brian Flannery
Defendant: International Business Machines Corporation
Plaintiff: William Chastka
Nature of Suit: Arbitration

ORDER. Pursuant to the Court's December 2, 2021 Order, Defendant IBM was required to file, within three days of that Order, a letter explaining the need to seal or redact Plaintiffs' reply memorandum of law in support of their motion for summary judgment and in opposition to Defendant IBM's motion to dismiss and supporting papers. See ECF No. 63. To date, Defendant IBM has not filed any such letter. As a courtesy, Defendant IBM's deadline is hereby extended,…

International Business Machines Corporation v. Zillow Group Inc et al

Filed: December 1, 2021 as 2:2020cv01130
Court: Washington Western District Court
Defendant: Zillow Group Inc, Zillow Inc
Plaintiff: International Business Machines Corporation
Nature of Suit: Patent

MINUTE ORDER: The parties' stipulated motion for leave to amend, docket no. 54 , is treated as a motion for voluntary dismissal of the fourth claim set forth in the Amended Complaint, docket no. 36 , and is GRANTED. The fourth claim, alleg ing infringement of U.S. Patent No. 9,569,414, is DISMISSED without prejudice. The Amended Complaint, docket no. 36 , remains the operative pleading, and the deadlines set forth in the Minute Order entered 10/6/2021, docket no. 51 ,…

Hayden v. International Business Machines Corporation et al

Filed: December 1, 2021 as 7:2021cv02485
Court: New York Southern District Court
Defendant: International Business Machines Corporation, Pablo Suarez, Shanker Ramamurthy
Plaintiff: Gerald Hayden

STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Vincent L. Briccetti on 12/1/2021) (vfr)

Hayden v. International Business Machines Corporation et al

Filed: December 1, 2021 as 7:2021cv02485
Court: New York Southern District Court
Defendant: International Business Machines Corporation, Pablo Suarez, Shanker Ramamurthy
Plaintiff: Gerald Hayden

ORDER REGARDING SEALED DOCUMENTS: The Court having So Ordered the parties' Protective Order dated December 1, 2021, which, among other things, provides for the filing of documents under seal, it is further ORDERED: 1. The parties shall consul t and comply with the instructions for filing documents under seal, as set forth herein: (i) Section 6 of the Court's Electronic Case Filing Rules & Instructions; (ii) the Court's "Sealed Records Filing Instructions,"…

IN RE: IBM ARBITRATION AGREEMENT LITIGATION

Filed: December 1, 2021 as 1:2021cv06296
Court: New York Southern District Court
Amicus Curiae: Equal Employment Opportunity Commission
Consolidated Plaintiff: Mark Guerinot, william abt, Brian Brown, Brian Burgoyne, Mark Carlton, Denise Cote, Michael Davis, Mario DiFelice, Joseph Duffin, Om Goeckermann, Deborah Kamienski, Douglas Lee, Steven Mandel, Mark McHugh, Sandy Plotzker, Alexander Saldarriaga, Richard Ulnick, Mark Vornhagen, James Warren, Dean Wilson, Colleen Leigh, Fred Gianiny, Phillip Corbett, Brian Flannery
Defendant: International Business Machines Corporation
Plaintiff: William Chastka
Nature of Suit: Arbitration

ORDER. WHEREAS, the parties have conferred and agreed to the following procedure for addressing the pending motion to dismiss and motion for summary judgment in Abelar: 1. By entry of this Order, Plaintiff Abelar and IBM are deemed to have withdrawn their respective motion for summary judgment (Docket No. 12) and motion to dismiss (Docket No. 21) and the Clerk is directed to terminate those motions. 2. Plaintiff Abelar shall be deemed part of the group of plaintiffs whose claims are…

Plaintiff v. Defendant

Filed: December 1, 2021 as 1:2021cv09574
Court: New York Southern District Court
Consolidated Plaintiff: Plaintiff v. Defendant and others
Defendant: Plaintiff v. Defendant
Plaintiff: Plaintiff v. Defendant
Nature of Suit: Arbitration

ORDER: In light of the fact that the above-captioned actions involve common questions of law and fact, it is hereby ORDERED that pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, case number 21-CV-10128 is consolidated under case number 21-CV-9574. As noted in the Court's previous Order regarding consolidation, see No. 21-CV-9574, ECF No. 5, notwithstanding such consolidation, the consolidated cases will "retain their separate identities." Hall v.…

Burns v. International Business Machines Corporation

Filed: November 29, 2021 as 2:2020cv01555
Court: Washington Western District Court
Defendant: International Business Machines Corporation
Plaintiff: Vivian Burns
Nature of Suit: Americans with Disabilities - Employment

ORDER granting Defendant's 36 Motion for Summary Judgment. All of Plaintiff's claims are DISMISSED. She cannot raise new claims in response to a summary judgment motion. All other pending Motions are DENIED as MOOT. This case is CLOSED. Signed by Judge Ricardo S. Martinez. (SR)(cc: Plaintiff via U.S. mail)

Chewy, Inc. v. International Business Machines Corporation

Filed: November 22, 2021 as 1:2021cv01319
Court: New York Southern District Court
Defendant: International Business Machines Corporation
Plaintiff: Chewy, Inc.
Nature of Suit: Patent

ORDER GRANTING PLAINTIFF'S APPLICATION TO STRIKE CLAIM 20 OF U.S. PATENT NO. 7,076,443 FROM DEFENDANT'S FINAL ELECTION OF ASSERTED CLAIMS: NOW THEREFORE, considering Chewy's application to strike claim 20 of the '443 patent fr om IBM's final election of asserted claims: IT IS HEREBY ORDERED that Chewy's application is GRANTED; IT IS FURTHER ORDERED THAT: The amended final election of asserted claims served by IBM on November 16, 2021 shall be considered…

Lodi v. International Business Machines Corp.

Filed: November 22, 2021 as 1:2021cv06336
Court: New York Southern District Court
Defendant: International Business Machines Corp.
Plaintiff: Patricia Lodi
Nature of Suit: Arbitration

ORDER granting 12 Letter Motion to Seal. The plaintiff's request to file her motion for summary judgment preliminarily under seal is granted. The Court will decide the issues concerning redaction in connection with the pending motion for summary judgment. Copies of the documents with the alleged confidential material redacted should be filed in the public docket. (Signed by Judge John G. Koeltl on 11/22/2021) (rro)

Abelar v. International Business Machines Corp.

Filed: November 22, 2021 as 1:2021cv06307
Court: New York Southern District Court
Defendant: International Business Machines Corp.
Plaintiff: Gregory Abelar
Nature of Suit: Arbitration

ORDER terminating 11 Letter Motion to Seal. By November 30, 2021, Defendant shall file a letter motion making a case for filing the referenced documents in redacted form. If Defendant's case is insufficient, I will enter an order denying the request and directing Plaintiff to file the referenced documents in unredacted form. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/22/2021) (vfr)