Doheny v. International Business Machines, Corp. et al
| MaryKathryn Doheny and Tony DeGruccio |
| International Business Machines, Corp. and Kyndryl Holdings, Inc. |
| 1:2023cv03962 |
| May 11, 2023 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Sarah Netburn |
| Civil Rights: Jobs |
| 29 U.S.C. § 621 Job Discrimination (Age) |
| Plaintiff |
Docket Report
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Filing 35
MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss the Amended Complaint. . Document filed by International Business Machines, Corp...(Lampe, Matthew)
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Filing 34
MOTION to Dismiss the Amended Complaint. Document filed by International Business Machines, Corp...(Lampe, Matthew)
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Filing 33
LETTER addressed to Judge Ronnie Abrams from Michael S. Burkhardt dated June 30, 2023 re: Request for Oral Argument on #30 Kyndryl's Motion to Dismiss. Document filed by Kyndryl Holdings, Inc...(Burkhardt, Michael)
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Filing 32
DECLARATION of Michael S. Burkhardt in Support re: #30 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6).. Document filed by Kyndryl Holdings, Inc.. (Attachments: #1 Exhibit 1 - Separation Agreement (DeGruccio), #2 Exhibit 2 - Separation Agreement (Healy), #3 Exhibit 3 - Separation Agreement (Mercedes), #4 Exhibit 4 - Separation Agreement (Allen), #5 Exhibit 5 - Separation Agreement (Wasson)).(Burkhardt, Michael)
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Filing 31
MEMORANDUM OF LAW in Support re: #30 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6). . Document filed by Kyndryl Holdings, Inc...(Burkhardt, Michael)
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Filing 30
MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6). Document filed by Kyndryl Holdings, Inc...(Burkhardt, Michael)
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Filing 29
NOTICE OF APPEARANCE by Nicole M Zito on behalf of Kyndryl Holdings, Inc...(Zito, Nicole)
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Filing 28
NOTICE of Opt-in Consent Forms. Document filed by Tony DeGruccio, MaryKathryn Doheny. (Attachments: #1 Supplement Opt-in Forms).(Liss-Riordan, Shannon)
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Filing 27
MEMO ENDORSEMENT on re: #26 Letter, filed by MaryKathryn Doheny, Tony DeGruccio. ENDORSEMENT: Defendant Kyndryl has provided the Court with legitimate and adequate reasons for not voluntarily extending the signature deadline, see ECF No. 25, and Plaintiffs have provided no authority that would allow the Court to order injunctive relief against Kyndryl under these circumstances. Only six individuals would be impacted by the relief sought, and Plaintiffs have not demonstrated a sufficient need to justify such a drastic and unusual measure. Moreover, the Court declines to interfere with contractual relations between Kyndryl and its former employees who are not parties to this case. Accordingly, Plaintiffs' request for relief is DENIED. (Signed by Magistrate Judge Sarah Netburn on 6/16/2023) (ras)
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Filing 26
LETTER addressed to Magistrate Judge Sarah Netburn from Shannon Liss-Riordan dated 6/16/2023 re: Defendant Kyndryl Holdings, Inc.s (Kyndryl) Letter of June 15, 2023 (Dkt. 25). Document filed by Tony DeGruccio, MaryKathryn Doheny..(Liss-Riordan, Shannon)
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Filing 25
LETTER addressed to Magistrate Judge Sarah Netburn from Michael S. Burkhardt dated June 15, 2023 re: extending signature periods. Document filed by Kyndryl Holdings, Inc...(Burkhardt, Michael)
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Filing 24
ORDER: As discussed at yesterday's conference, Defendants' deadline to respond to the amended complaint remains June 30, 2023. Plaintiffs' oppositions to the anticipated motions to dismiss are now due July 21, 2023, and are not to exceed 25 pages in length. Defendants' replies, if any, are due July 28, 2023, and are not to exceed 10 pages in length. In addition, Defendants' oppositions to Plaintiffs' motion for issuance of notice are due July 21, 2023, and are not to exceed 20 pages in length. Plaintiffs' reply briefs are due July 28, 2023, and are not to exceed 10 pages in length. (Signed by Magistrate Judge Sarah Netburn on 6/13/2023) (ras)
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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Status Conference held on 6/13/2023. (ras)
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Filing 23
NOTICE of Opt-in Consent Forms. Document filed by Tony DeGruccio, MaryKathryn Doheny. (Attachments: #1 Supplement Opt-in Forms).(Liss-Riordan, Shannon)
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Filing 22
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kyndryl Holdings, Inc...(Burkhardt, Michael)
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Filing 21
ORDER: The conference currently scheduled for today at 4:00 p.m. is rescheduled for 4:30 p.m. (Status Conference set for 6/13/2023 at 04:30 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 6/13/2023) (ras)
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Filing 20
ORDER granting #13 Letter Motion for Extension of Time. Defendants' deadline to respond to the amended complaint is extended to June 30, 2023. Plaintiffs' opposition to any motion(s) to dismiss is due July 14, 2023, and Defendants' replies, if any, are due July 21, 2023. The deadline for Defendants to oppose Plaintiffs' motion for issuance of notice is adjourned without date pending further order of the Court. A conference is scheduled for tomorrow, June 13, 2023, at 4:00 p.m. At that time, the parties should call the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 19
LETTER addressed to Magistrate Judge Sarah Netburn from Shannon Liss-Riordan dated 6/9/2023 re: Defendant Kyndryl Holdings, Inc.s (Kyndryl) letter motion of June 6, 2023 (Dkt. 13) and Defendant International Business Machines Corp.s (IBM) letter motion of June 7, 2023 (Dkt. 17). Document filed by Tony DeGruccio, MaryKathryn Doheny..(Liss-Riordan, Shannon)
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Filing 18
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by International Business Machines, Corp...(Lampe, Matthew)
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Filing 17
LETTER MOTION for Extension of Time to Move, Plead, or Otherwise Respond to Plaintiff's Amended Complaint and to Join Kyndryl's Letter Motion for an Order Holding in Abeyance Plaintiff's Motion for Issuance of Notice addressed to Magistrate Judge Sarah Netburn from Matthew W. Lampe dated June 7, 2023. Document filed by International Business Machines, Corp...(Lampe, Matthew)
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Filing 16
NOTICE OF APPEARANCE by Maryssa Alexa Mataras on behalf of International Business Machines, Corp...(Mataras, Maryssa)
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Filing 15
NOTICE OF APPEARANCE by Erika D Cagney on behalf of International Business Machines, Corp...(Cagney, Erika)
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Filing 14
NOTICE OF APPEARANCE by Matthew Willis Lampe on behalf of International Business Machines, Corp...(Lampe, Matthew)
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Filing 13
LETTER MOTION for Extension of Time to answer, move, or otherwise plead in response to #8 First Amended Complaint and for an order holding in abeyance #9 Plaintiffs' Motion for Issuance of Notice addressed to Magistrate Judge Sarah Netburn from Michael S. Burkhardt dated June 6, 2023. Document filed by Kyndryl Holdings, Inc...(Burkhardt, Michael)
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Filing 12
NOTICE OF APPEARANCE by Michael S. Burkhardt on behalf of Kyndryl Holdings, Inc...(Burkhardt, Michael)
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Filing 11
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Specific Non-Dispositive Motion/Dispute: Motion for Conditional Certification of Collective Action. Referred to Magistrate Judge Sarah Netburn. Motions referred to Sarah Netburn. (Signed by Judge Ronnie Abrams on 6/1/2023) (ate)
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Filing 10
MEMORANDUM OF LAW in Support re: #9 MOTION to Certify Class and Issue Notice. . Document filed by Tony DeGruccio, MaryKathryn Doheny. (Attachments: #1 Exhibit A - Proposed Notice Form, #2 Exhibit B - Proposed Opt In Form, #3 Exhibit C - ProPublica "Cutting Old Heads at IBM", #4 Exhibit D - NYTimes "Making Dinobabies Extinct", #5 Exhibit E - EEOC Determination Letter, #6 Exhibit F - Declaration of MaryKathryn Doheny, #7 Exhibit G - Declaration of Tony DeGruccio, #8 Exhibit H - Declaration of Maura Wasson, #9 Exhibit I - Cornet v. Twitter Docket 42, #10 Exhibit J - Lynch v Tesla Docket 33, #11 Exhibit K - McLaren Macomb NLRB Decision).(Liss-Riordan, Shannon)
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Filing 9
MOTION to Certify Class and Issue Notice. Document filed by Tony DeGruccio, MaryKathryn Doheny..(Liss-Riordan, Shannon)
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Filing 8
FIRST AMENDED COMPLAINT amending #1 Complaint against International Business Machines, Corp., Kyndryl Holdings, Inc. with JURY DEMAND.Document filed by MaryKathryn Doheny, Tony DeGruccio. Related document: #1 Complaint..(Liss-Riordan, Shannon)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to International Business Machines, Corp...(pc)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Kyndryl Holdings, Inc...(pc)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to KYNDRYL HOLDINGS, INC., re: #1 Complaint. Document filed by MaryKathryn Doheny..(Liss-Riordan, Shannon)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to INTERNATIONAL BUSINESS MACHINES CORP., re: #1 Complaint. Document filed by MaryKathryn Doheny..(Liss-Riordan, Shannon)
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Filing 3
CIVIL COVER SHEET filed..(Liss-Riordan, Shannon)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Shannon Liss-Riordan. The following case opening statistical information was erroneously selected/entered: Class Action code y (Class Action Alleged); County code Albany. The following correction(s) have been made to your case entry: the Class Action code has been modified to (No Class Action Alleged); the County code has been modified to XX Out of State. (vf)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Shannon Liss-Riordan. The party information for the following party/parties has been modified: MaryKathryn Doheny. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Shannon Liss-Riordan to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Courthouse Assignment Section not provided; Signature Error, The Form is not Signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf)
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Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)
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Case Designated ECF. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Liss-Riordan, Shannon) Modified on 5/12/2023 (vf).
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Filing 1
COMPLAINT against International Business Machines, Corp., Kyndryl Holdings, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27729810)Document filed by MaryKathryn Doheny..(Liss-Riordan, Shannon)
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