IBM Federal District Court Decisions

Wang v. International Business Machines Corp.

Filed: May 20, 2021 as 7:2011cv02992
Court: New York Southern District Court
Defendant: International Business Machines Corp.
Plaintiff: Jian Wang
Nature of Suit: Americans with Disabilities - Employment

ORDER denying 122 MOTION to Vacate. In a submission entitled "Motion to Clarify Fact" dated May 13, 2021 (Doc. #122), plaintiff once again seeks to vacate the Judgment in this case. This is a frivolous motion because it raises arg uments this Court and the U.S. Court of Appeals for the Second Circuit have repeatedly previously rejected. It is therefore DENIED as plainly without merit. Moreover, in accordance with its May 10, 2021, Order, because of plaintiffs history…

Rusis et al v. International Business Machines Corp.

Filed: May 13, 2021 as 1:2018cv08434
Court: New York Southern District Court
Defendant: International Business Machines Corp.
Plaintiff: Phil McGonegal, Henry Gerrits, Edvin Rusis
Nature of Suit: Employment

ORDER: granting 161 Letter Motion for Discovery. IT IS HEREBY ORDERED that, except for amendments permitted by Fed. R. Civ. P. 15(a)(1) and this Court's Individual Practices in Civil Cases, amended pleadings may not be filed and additional pa rties may not be joined except with leave of the Court. Any motion to amend or to join additional parties must be filed within 30 days from the date of this Order. IT IS FURTHER ORDERED that Plaintiffs are granted leave to file an amended…

Wang v. International Business Machines Corp.

Filed: May 12, 2021 as 7:2011cv02992
Court: New York Southern District Court
Defendant: International Business Machines Corp.
Plaintiff: Jian Wang
Nature of Suit: Americans with Disabilities - Employment

ORDER: The Court has carefully reviewed plaintiff's Reply. There is nothing in the Reply that causes the Court to change its decision to deny the Motion to Reopen and Cure Defective. Accordingly, the Court adheres to its May 10 Order in all respects. To the extent plaintiff is requesting any further relief in his Reply, that request is denied as plainly without merit. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be…

Rusis et al v. International Business Machines Corp.

Filed: May 12, 2021 as 1:2018cv08434
Court: New York Southern District Court
Defendant: International Business Machines Corp.
Plaintiff: Phil McGonegal, Henry Gerrits, Edvin Rusis
Nature of Suit: Employment

ORDER: IT IS HEREBY ORDERED that the teleconference is rescheduled for today, May 12, 2021, at 4:00 p.m. The dial-in information is unchanged: (888) 363-4749 // Access code: 3121171# // Security code: 8434#. All of those accessing the conference are reminded that recording or rebroadcasting of the proceeding is prohibited by law. SO ORDERED., ( Telephone Conference set for 5/12/2021 at 04:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 5/12/2021) (ama)

Rusis et al v. International Business Machines Corp.

Filed: April 27, 2021 as 1:2018cv08434
Court: New York Southern District Court
Defendant: International Business Machines Corp.
Plaintiff: Phil McGonegal, Henry Gerrits, Edvin Rusis
Nature of Suit: Employment

ORDER: IT IS HEREBY ORDERED that the parties must appear before the Court for a teleconference on May 12, 2021, at 3:00 p.m. The parties may dial-in to the proceeding using (888)363-4749 // Access code: 3121171# // Security code: 8434#. All o f those accessing the conference are reminded that recording or rebroadcasting of the proceeding is prohibited by law. IT IS FURTHER ORDERED that not later than May 5, 2021, the parties must file a joint letter documenting their proposed…

Lakshminarasimha v. Duke Progress Energy et al

Filed: April 7, 2021 as 5:2015cv00259
Court: North Carolina Eastern District Court
Defendant: Duke Progress Energy, GE, EPRI, US Navy, IBM, Public Service Enterprises, Director of HR at EPRI, Harry Berazin, Sen Feinstein, Pratt and Whitney, Public Service Enterprise Group, Inc., Paul Singshinsuk, Rachel Campbell, Clerk of Court, M. P. Boyce, NC Attorney General, Helen Oliver, General Electric, HR, IBM, Airtran, Chitra Murthy, Cary Town Hall, Wake County School System, Extended Stay
Plaintiff: Arkalgud N. Lakshminarasimha
Nature of Suit: Employment

ORDER denying 177 EMERGENCY MOTION pursuant to Rule 60(b). Plaintiff may file a notice of appeal from this order and an application for leave to proceed in forma pauperis on appeal. The Clerk shall not accept any other filings from plaintiff in this case. Signed by Senior Judge W. Earl Britt on 4/7/2021. Copy sent to Arkalgud Lakshminarasimha, P.O. Box 2101, Cary, NC 27512 via US Mail. (Herrmann, L.)

Kingston v. International Business Machines Corporation

Filed: March 31, 2021 as 2:2019cv01488
Court: Washington Western District Court
Defendant: International Business Machines Corporation
Plaintiff: Scott Kingston
Nature of Suit: Employment

ORDER granting motion for reconsideration in 89 Trial Brief filed by Scott Kingston by Judge Marsha J. Pechman. (IJM)

Kingston v. International Business Machines Corporation

Filed: March 26, 2021 as 2:2019cv01488
Court: Washington Western District Court
Defendant: International Business Machines Corporation
Plaintiff: Scott Kingston
Nature of Suit: Employment

ORDER granting in part and denying in part and reserving ruling in part on 77 Motion in Limine; and 78 Motion in Limine signed by Judge Marsha J. Pechman.(IJM)

Rusis et al v. International Business Machines Corp.

Filed: March 26, 2021 as 1:2018cv08434
Court: New York Southern District Court
Defendant: International Business Machines Corp.
Plaintiff: Phil McGonegal, Henry Gerrits, Edvin Rusis
Nature of Suit: Employment

OPINION AND RDER: re: 123 MOTION for Judgment on the Pleadings as to Constructive Discharge and Pretextual For-Cause Termination Claims filed by International Business Machines Corp., 129 MOTION for Judgment on the Pleadings as to the ADEA Cla ims of Plaintiffs Who Filed Defective Charges or Fall Outside the Temporal Scope of the Named Plaintiffs' Administrative Charges filed by International Business Machines Corp., 120 MOTION for Judgment on the Pleadings as to…

Marc S. Kirschner, as Litigation Trustee for the Tribune Litigation Trust v. Dennis J FitzSimons, et al

Filed: March 12, 2021 as 1:2012cv02652
Court: New York Southern District Court
Alternative Dispute Resolution (Adr) Provider: HENRY CARSON JACKSON TRUST U/W IRREVOCABLE MANAGEMENT TRUST UA TRUST A-2, Mark Pettijohn, New England Province Society of Jesus, Stark Master Fund Ltd., Nuveen Investment Solutions (fka Richards and Tierney), Blue Cross and Blue Shield of Georgia, Inc., Lawrence F. Klima
Defendant: UD VS RISLEY CJ DE SIEYES ETAL, ANDREW T SZMULANSKI, Robert Chase, ORDER OF FELICIAN SISTERS CS NT OF ST FRANCIS, ADIA INVESTMENT SERIES, Large Cap Index Fund, A Series of SEI Institutional Investments Trust, WATER AND POWER EMPLOYEES' RET DISAB & DEATH BENEFIT INS PLAN, KENNETH R. POSNER AND ARLENE L. POSNER, Ruthellyn Musil 401(K) Savings Plan, MILLER FAMILY TRUST UAD, Jeffrey W. Babcock, THE SHERRY P. BRODER IRA A/K/A SHERRY P. BRODER U/A DTD, Morgan Stanley Smith Barney LLC, HORIZON GOLDEN PARTNERS L P, Crane Asset Management LLC, CA Public EE Retrmnt Sys, The DFA Investment Trust Company, DFA Investment Dimensions Group, Inc., The Alliance Bernstein Portfolios, Frank W. Denius, Donald M. Hinman Jr., Lewis Tatman and Willilam F. Warchol,, STINEHART LIVING TRUST UA DTD, Marlene F Slade Rollover IRA, National Financial Services LLC/Fidelity Management Trust Co, Custodian, James E. Murray, Babson Capital Management LLC, GGCP, INC. F/K/A GABELLI FUNDS, INC. (THE GABELLI EQUITY INC FD), Mutual of America Institutional Funds, Inc, Barbara Bonoff Gettinger, DOROTHY D SMITH TRUST U/A DTD, COPPER NUGGET, INC. (PLEDGED), JEFFREY MARTIN FEDYNAK UGMA/MD, DEBORAH FEDYNAK C/F, ANDREW ALLEN CHARITABLE FOUNDATION SEL ADV/NORTHERN TRUST, UA GENERAL OFFICERS, HON HARRY F BYRD REV TRUST U/A DTD, NORTHERN TRUST INVESTMENTS, INC. F/K/A NORTHERN TRUST INVESTMENTS, N.A., City of Philadelphia Public Employees and others
Interested Party: Barbara Anne Ward Living Trust, CORPORATION SERVICE COMPANY, General Motors Hourly-Rate Employee Pension Trust
Not Classified By Court: Arthur Lee
Not Yet Classified: Mr. Steven U. Lee, Abbott Laboratories Annuities Retirement Trust, Sprint Master Fund Trust, LYONDELL PETROCHEMICAL CORPORATION DEFINED BENEFIT A/K/A LYONDELL CHEMICAL CO. DEFINED BENEFIT PLAN LCV, Elizabeth Dominick, Nuveen Equity Index Fund, John W Stewart, Stanton R. Cook Charitable Remainder Trust, Current Trustee, the Trust u/w Mary F. Roberts, deceased, fbo the Grandchildren, Ms. Jung E. Lee, Philip V Mann, Regence BlueShield, Diamondback Master Fund/TMS/ITS SETT A/C For Queensgate House, Glen R. Metzger, as Trustee of the NSP-Minnesota Prairie II Retail Qualified Trust (sued as NSP-Minnesota Retail Prairie II Qualified Trust, Current Trustee), Halcyon Diversified Fund LP, Margaret Sindelar
Plaintiff: Marc S. Kirschner, The Official Committee of Unsecured Creditors of Tribune Company, Margaret Gundlach, The Official Committee of Unsecure
Trustee: Trustee Albert Andrews, Jr., as, Paul M. Meister as Trustee for the Paul M. Meister 2005 Revocable Trust u/a
Nature of Suit: Other Fraud

ORDER: On March 1, 2021, pro-se attorney Anne E. Walsh, Esq. requested to be added to the electronic service list for the above-captioned case, 12cv2652. It is hereby ORDERED that the Clerk of Court shall add Anne E. Walsh to the docket as Executor of the Estate of Patricia I. Walsh. (Signed by Judge Denise L. Cote on 3/12/2021) Filed In Associated Cases: 1:11-md-02296-DLC, 1:12-cv-02652-DLC, 1:12-cv-06055-DLC (jca)

Kersten v. International Business Machines Corp.

Filed: February 12, 2021 as 1:2020cv09048
Court: New York Southern District Court
Defendant: International Business Machines Corp., International Business Machines Corporation doing business as IBM North America
Plaintiff: Mr. Tom Kersten, Tom Kersten
Nature of Suit: Americans with Disabilities - Employment

STIPULATION AND ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...The Court interprets paragraph 11 to require any party to seek leave of Court to file documents under seal. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 2/12/2021) (ras)

Comin v. International Business Machines Corporation (IBM)

Filed: February 9, 2021 as 3:2019cv07261
Court: California Northern District Court
Defendant: International Business Machines Corporation (IBM)
Plaintiff: Mark Comin
Nature of Suit: Other Contract

ORDER RE MOTION TO DISMISS. Signed by Judge James Donato on 2/9/2021. (jdlc1S, COURT STAFF) (Filed on 2/9/2021)

ARUNACHALAM v. INTERNATIONAL BUSINESS MACHINES CORPORATION

Filed: January 28, 2021 as 1:2020cv02362
Court: District Of Columbia District Court
Defendant: INTERNATIONAL BUSINESS MACHINES CORPORATION
Plaintiff: LAKSHMI ARUNACHALAM
Nature of Suit: Patent

MEMORANDUM OPINION Signed by Judge Tanya S. Chutkan on 1/28/2021. (adh, )

Kingston v. International Business Machines Corporation

Filed: January 14, 2021 as 2:2019cv01488
Court: Washington Western District Court
Defendant: International Business Machines Corporation
Plaintiff: Scott Kingston
Nature of Suit: Employment

ORDER denying without prejudice Defendant's 50 Unopposed Motion to Seal. The Court grants Defendant leave to refile the motion to seal with evidentiary support. Such a filing must be submitted to the Court by no later than January 19, 2021. Absent such a submission the Court will unseal the document filed in Docket Number 51 . Signed by Judge Marsha J. Pechman. (PM)

Kingston v. International Business Machines Corporation

Filed: January 8, 2021 as 2:2019cv01488
Court: Washington Western District Court
Defendant: International Business Machines Corporation
Plaintiff: Scott Kingston
Nature of Suit: Employment

ORDER ON 42 MOTION COMPEL. The Court GRANTS the Motion to Compel and ORDERS IBM to produce the document subject to the Protective Order in this case. Separately, the Court notes that in ruling on Plaintiff's Discovery Motions, it did not sp ecifically address Plaintiff's request for fees and costs in bringing his two discovery motions. (Dkt. Nos. 40 & 42 .) The Court does not find that the requests are merited on the record before it because the opposition as to both…

Kingston v. International Business Machines Corporation

Filed: December 29, 2020 as 2:2019cv01488
Court: Washington Western District Court
Defendant: International Business Machines Corporation
Plaintiff: Scott Kingston
Nature of Suit: Employment

ORDER granting Plaintiff's 40 Motion for Relief from Deadline and Motion to Exclude Expert Testimony. The Court RESERVES RULING on Kingston's 42 Motion to Compel, and will decide the issue after IBM produces the settlement agreement for in camera review. IBM must produce the agreement to the Court by no later than January 4, 2021. Signed by Judge Marsha J. Pechman.(PM)

Burns v. International Business Machines Corporation

Filed: December 21, 2020 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 6 Motion to Appoint Counsel. Signed by Judge Ricardo S. Martinez. (PM) cc: Plaintiff via USPS

Kingston v. International Business Machines Corporation

Filed: November 5, 2020 as 2:2019cv01488
Court: Washington Western District Court
Defendant: International Business Machines Corporation
Plaintiff: Scott Kingston
Nature of Suit: Employment

ORDER re Parties' 38 Stipulated Motion. Discovery completed by 11/13/2020, Dispositive motions due by 12/14/2020. Signed by Judge Marsha J. Pechman.(PM)

Keebaugh v. International Business Machines Corp.

Filed: October 28, 2020 as 7:2018cv12126
Court: New York Southern District Court
Defendant: International Business Machines Corp., International Business Machines Corporation
Plaintiff: Ms. Terry Keebaugh
Nature of Suit: Employment

ORDER, On October 27, 2020, the parties submitted a letter, under seal, requesting that the Court extend the stay in this matter until November 25, 2020 and that all other deadlines likewise be extended 30 days. (Docket No. 97). This request is gr anted. Accordingly, (1) the stay will remain in place until November 25, 2020; (2) the deadline for depositions and any follow-up document discovery arising from depositions will be extended from December 4, 2020 to January 4, 2021; (3)…

Burns v. International Business Machines Corporation

Filed: October 21, 2020 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 Plaintiff's 1 Motion for Leave to Proceed In Forma Pauperis. The Court recommends the complaint be reviewed under 28 U.S.C. § 1915(e)(2)(B) before issuance of summons. Signed by Hon. Michelle L. Peterson. (PM) cc: Plaintiff via USPS