Cahey et al v. International Business Machines Corporation
| Kevin Williams and Nancy Cahey |
| International Business Machines Corporation |
| 1:2020cv03620 |
| September 1, 2020 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Thomas W Thrash |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 26, 2020. A more recent docket listing may be available from PACER.
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| Filing 47 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Daniel K. Bryson. Clerk to follow-up by 11/5/2020. (nmb) |
Filing 46
ORDER GRANTING #45 Consent Motion for Extension of Time to file a Response in Opposition to #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, The deadline for Plaintiff's response to the Motion to Dismiss shall be extended to and including November 6, 2020. Signed by Judge Thomas W. Thrash, Jr. on 10/23/2020. (kt)
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| Clerk's Certificate of Mailing as to Plaintiff's Counsel re #46 Order on Motion for Extension of Time. (kt) |
| Filing 45 Consent MOTION for Extension of Time 11/06/2020 re: #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Kevin Williams. (Attachments: #1 Text of Proposed Order)(Bryson, Daniel) |
| Filing 44 NOTICE by Kevin Williams (Bryson, Daniel) |
| Filing 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by International Business Machines Corporation. (Attachments: #1 Brief, #2 Exhibit 1 - Plaintiff's IPL)(Barnes, Justin) |
| Submission of #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge Thomas W. Thrash Jr. (kt) |
| Filing 42 AMENDED COMPLAINT against International Business Machines Corporationwith Jury Demand filed by Kevin Williams. (Attachments: #1 Index of Exhibits to Plaintiff's Amended Complaint, #2 Exhibit A - 2019 IQP Quickview v5 (January 1 2019), #3 Exhibit B - Beard Lipner Depo, #4 Exhibit C - Choplin Martinotti Depo., #5 Exhibit D - Choplin Betthany Depo., #6 Exhibit E - Choplin Maleki Depo., #7 Exhibit F - Choplin Dorsey Depo., #8 Exhibit G - Moorer Email, #9 Exhibit H - Batthany Email, #10 Exhibit I - Stephenson Martinotti 30b6, #11 Exhibit J - Stephenson Blackwell, #12 Exhibit K - Stephenson Clarke depo, #13 Exhibit L - Stephenson Moorer depo, #14 Exhibit M - Swafford Martinotti 30b6, #15 Exhibit N - Swafford depo Briggs, #16 Exhibit O - Swafford Wirtenson Depo, #17 Exhibit P - Swafford Leeke depo)(Bryson, Daniel) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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Filing 41
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (ddm) (ADI)
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| Filing 40 NOTICE of Appearance by Daniel K. Bryson on behalf of Kevin Williams (Bryson, Daniel) |
| Filing 39 NOTICE of Appearance by Sharon Alice Lim on behalf of International Business Machines Corporation (Lim, Sharon) |
| Filing 38 CERTIFICATE OF SERVICE re #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Certificate of Service by International Business Machines Corporation.(Barnes, Justin) |
| Filing 37 CERTIFICATE OF SERVICE re #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Certificate of Service by International Business Machines Corporation.(Barnes, Justin) |
| Filing 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by International Business Machines Corporation. (Attachments: #1 Brief, #2 Exhibit 1 - Plaintiff's IPL)(Barnes, Justin) |
| Filing 35 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Matthew E. Lee. Clerk to follow-up by 9/24/2020. (nmb) |
| Filing 34 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Mark R. Sigmon. Clerk to follow-up by 9/24/2020. (nmb) |
| Filing 33 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Jeremy R. Williams. Clerk to follow-up by 9/24/2020. (nmb) |
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Filing 32
SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS Signed by Judge Thomas W. Thrash, Jr. on 09/01/2020. (aar)
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Filing 31
SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS Signed by Judge Thomas W. Thrash, Jr. on 09/01/2020. (aar)
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| Filing 30 Case transferred in from District of Colorado; Case Number 1:20-cv-00781. Original file certified copy of transfer order and docket sheet received. |
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Filing 29
MEMORANDUM OPINION AND ORDER by Magistrate Judge Nina Y. Wang on 8/7/20 GRANTING in part and DENYING in part #8 Motion to Dismiss for Failure to State a Claim; granting #8 Motion to Dismiss; granting #8 Motion to Transfer Claims of Mr. Williams.(nmarb, ). Modified on 9/1/2020 to add text. (nmarb, ). [Transferred from Colorado on 9/1/2020.]
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| Clerk's Certificate of Mailing as to Nancy Cahey, Kevin Williams re #31 Order. (aar) |
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Filing 28
ORDER by Magistrate Judge Nina Y. Wang on 8/7/20 DENYING #22 Motion to Stay.(nmarb, ) [Transferred from Colorado on 9/1/2020.]
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| Filing 27 BRIEF in Opposition to #22 MOTION to Stay re #8 MOTION to Dismiss for Failure to State a Claim Partial MOTION to Dismiss for Improper Venue (in the alternative)Partial MOTION to Transfer Case (in the alternative) filed by Plaintiffs Nancy Cahey, Kevin Williams. (Sigmon, Mark) [Transferred from Colorado on 9/1/2020.] |
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Filing 26
STIPULATED PROTECTIVE ORDER by Magistrate Judge Nina Y. Wang on 7/17/20. (nmarb, ) [Transferred from Colorado on 9/1/2020.]
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| Filing 25 Joint MOTION for Protective Order by Defendant International Business Machines Corporation. (Attachments: #1 Proposed Order (PDF Only) Stipulated Protective Order)(Church, Kelli) [Transferred from Colorado on 9/1/2020.] |
| Filing 24 NOTICE of Supplemental Authorities in Opposition to re: #8 MOTION to Dismiss for Failure to State a Claim Partial MOTION to Dismiss for Improper Venue (in the alternative)Partial MOTION to Transfer Case (in the alternative) by Plaintiffs Nancy Cahey, Kevin Williams (Attachments: #1 Exhibit Memorandum and Order Denying Motion for Summary Judgment)(Sigmon, Mark) [Transferred from Colorado on 9/1/2020.] |
| Filing 23 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #22 MOTION to Stay re #8 MOTION to Dismiss for Failure to State a Claim Partial MOTION to Dismiss for Improper Venue (in the alternative)Partial MOTION to Transfer Case (in the alternative) filed by attorneyJustin R. Barnes.The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (nmarb, ) [Transferred from Colorado on 9/1/2020.] |
| Filing 22 MOTION to Stay re #8 MOTION to Dismiss for Failure to State a Claim Partial MOTION to Dismiss for Improper Venue (in the alternative)Partial MOTION to Transfer Case (in the alternative) by Defendant International Business Machines Corporation. (Church, Kelli) [Transferred from Colorado on 9/1/2020.] |
| Filing 21 NOTICE of Firm Name and Email Address Change by Plaintiffs Nancy Cahey, Kevin Williams (Lee, Matthew) [Transferred from Colorado on 9/1/2020.] |
| Filing 20 REPLY to Response to #8 MOTION to Dismiss for Failure to State a Claim Partial MOTION to Dismiss for Improper Venue (in the alternative)Partial MOTION to Transfer Case (in the alternative) filed by Defendant International Business Machines Corporation. (Church, Kelli) [Transferred from Colorado on 9/1/2020.] |
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Filing 19
SCHEDULING ORDER by Magistrate Judge Nina Y. Wang on 6/25/20. (nmarb, ) [Transferred from Colorado on 9/1/2020.]
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| Filing 18 COURTROOM MINUTES/MINUTE ORDER for Scheduling Conference held before Magistrate Judge Nina Y. Wang on 6/25/2020. Discovery due by 2/26/2021. Dispositive Motions due by 3/26/2021. Final Pretrial Conference set for 5/18/2021 at 10:00 AM in Courtroom A502 before Magistrate Judge Nina Y. Wang. FTR: NYW Courtroom A-502. (afran) [Transferred from Colorado on 9/1/2020.] |
| Filing 17 Proposed Scheduling Order by Plaintiffs Nancy Cahey, Kevin Williams. (Lee, Matthew) [Transferred from Colorado on 9/1/2020.] |
| Filing 16 BRIEF in Opposition to #8 MOTION to Dismiss for Failure to State a Claim Partial MOTION to Dismiss for Improper Venue (in the alternative)Partial MOTION to Transfer Case (in the alternative) filed by Plaintiffs Nancy Cahey, Kevin Williams. (Attachments: #1 Exhibit A - Vinson opinion (MTD), #2 Exhibit B - Swafford opinion (MTD), #3 Exhibit C - Beard opinion (MTD), #4 Exhibit D - Mallon opinion (MTD), #5 Exhibit E - Choplin opinion (MTD), #6 Exhibit F - Middleton opinion (appeal), #7 Exhibit G - Fessler opinion (appeal), #8 Exhibit H - Swafford opinion (MSJ), #9 Exhibit I - Beard opinion (MSJ), #10 Exhibit J - Kingston (MTD))(Sigmon, Mark) [Transferred from Colorado on 9/1/2020.] |
| Filing 15 NOTICE of Entry of Appearance by Mark Russell Sigmon on behalf of All Plaintiffs Attorney Mark Russell Sigmon added to party Nancy Cahey(pty:pla), Attorney Mark Russell Sigmon added to party Kevin Williams(pty:pla) (Sigmon, Mark) [Transferred from Colorado on 9/1/2020.] |
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Filing 14
ORDER granting #11 Motion for Leave to File Excess Pages by Magistrate Judge Nina Y. Wang on 6/12/2020. Plaintiffs are granted leave to file their Response not to exceed 30 pages, and Defendant is granted leave to file its Reply not to exceed 15 pages. Text Only Entry(nywlc2, ) [Transferred from Colorado on 9/1/2020.]
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Filing 13
ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge #12 , this case is referred to Magistrate Judge Nina Y. Wang for all purposes pursuant to 28 U.S.C. 636(c), by Chief Judge Philip A. Brimmer on 6/11/2020. Text Only Entry (pabsec2) [Transferred from Colorado on 9/1/2020.]
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| Filing 12 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Nancy Cahey, Kevin Williams All parties consent.. (Lee, Matthew) [Transferred from Colorado on 9/1/2020.] |
| Filing 11 Unopposed MOTION for Leave to File Excess Pages by Plaintiffs Nancy Cahey, Kevin Williams. (Attachments: #1 Proposed Order (PDF Only))(Lee, Matthew) [Transferred from Colorado on 9/1/2020.] |
| Filing 10 NOTICE of Entry of Appearance by Kelli N. Church on behalf of International Business Machines CorporationAttorney Kelli N. Church added to party International Business Machines Corporation(pty:dft) (Church, Kelli) [Transferred from Colorado on 9/1/2020.] |
| Filing 9 CORPORATE DISCLOSURE STATEMENT. (Barnes, Justin) [Transferred from Colorado on 9/1/2020.] |
| Filing 8 MOTION to Dismiss for Failure to State a Claim , Partial MOTION to Dismiss for Improper Venue (in the alternative), Partial MOTION to Transfer Case (in the alternative) by Defendant International Business Machines Corporation. (Attachments: #1 Exhibit 1 - Plaintiffs' Incentive Plan Letters)(Barnes, Justin) [Transferred from Colorado on 9/1/2020.] |
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Filing 7
ORDER by Magistrate Judge Nina Y. Wang on 3/30/20 Setting Scheduling/Planning Conference and Setting Deadline for Filing of Consent/Nonconsent Form. Consent Form due by 6/11/2020. Proposed Scheduling Order due by 6/18/2020. Scheduling Conference set for 6/25/2020 11:00 AM via telephone conference. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976. (nmarb, ) [Transferred from Colorado on 9/1/2020.]
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| Filing 6 WAIVER OF SERVICE Returned Executed by Nancy Cahey, Kevin Williams. International Business Machines Corporation waiver sent on 3/24/2020, answer due 5/26/2020. (Lee, Matthew) [Transferred from Colorado on 9/1/2020.] |
| Filing 5 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (trvo, ) [Transferred from Colorado on 9/1/2020.] |
| Filing 4 Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry. (trvo, ) [Transferred from Colorado on 9/1/2020.] |
| Filing 3 NOTICE of Entry of Appearance by Jeremy R. Williams on behalf of Nancy Cahey, Kevin WilliamsAttorney Jeremy R. Williams added to party Nancy Cahey(pty:pla), Attorney Jeremy R. Williams added to party Kevin Williams(pty:pla) (Williams, Jeremy) [Transferred from Colorado on 9/1/2020.] |
| Filing 2 Filing fee: $ 400.00, receipt number COX094498. Text Only Entry. (cmadr, ) [Transferred from Colorado on 9/1/2020.] |
| Filing 1 COMPLAINT against International Business Machines Corporation (Filing fee $ 400).Attorney Matthew E. Lee added to party Nancy Cahey(pty:pla), Attorney Matthew E. Lee added to party Kevin Williams(pty:pla), filed by Nancy Cahey, Kevin Williams. (Attachments: #1 Exhibit A - Maria Lipner Oct. 23, 2019 deposition transcript - Beard v. IBM, #2 Civil Cover Sheet, #3 Summons)(Lee, Matthew) [Transferred from Colorado on 9/1/2020.] |
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