Howell v. International Business Machines Corp.
| Teresa Howell |
| International Business Machines Corp. |
| 1:2022cv00518 |
| February 8, 2022 |
| US District Court for the Northern District of Georgia |
| Amy Totenberg |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0010 Application to Vacate Arbitration Award |
| None |
Docket Report
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This docket was last retrieved on April 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Clerk's Entry of Dismissal APPROVING #46 Stipulation of Dismissal with prejudice pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii). (hfm) |
| Filing 47 USCA Clerk's Entry of Dismissal of Voluntary Dismissal: Motion to voluntarily dismiss appeal filed by Appellant IBM is GRANTED by clerk #20 . Pursuant to FRAP 42 and 11th Cir. R. 42-1(a), the above referenced appeal was duly entered dismissed on this date. Case Appealed to USCA- 11th Circuit. Case Number 22-14316-AA. (pjm) |
| Filing 46 STIPULATION of Dismissal (Joint) by Teresa Howell. (Liss-Riordan, Shannon) |
| Submission of #45 Order on Motion to Stay, to District Judge Amy Totenberg. (hfm) |
Filing 45
ORDER granting #44 Motion to Stay. The parties have informed the Court that they have reached a tentative resolution in this matter and that Plaintiff anticipates filing a stipulation of dismissal with prejudice in the coming weeks. (See Joint Motion to Stay, Doc. #44 .) Accordingly, the parties request that the Court stay this proceeding and issue no further decisions on any pending matters. (Id.) The parties joint Motion to Stay [Doc. #44 ] is hereby GRANTED. It is therefore ORDERED that all proceedings and pending motions in this action are hereby STAYED. Specifically, the pending Petition to Vacate Arbitration Award [Doc. #1 ] Motion to Confirm Arbitration Award [Doc. #21 ], and Motion to Stay Enforcement of the Court's Sealing Order [Doc. #37 ] are hereby STAYED. As the parties have reached a tentative resolution of this case, it is not necessary for the action to remain on the Court's calendar or active docket. Therefore, the Court ADMINISTRATIVELY CLOSES this case. In accordance with the parties' proposal, the Court DIRECTS the parties to file a status update by March 1, 2023, if a stipulation of dismissal has not yet been filed by that date. If the parties are ultimately unable to resolve this matter, either side may move to reopen the case. Signed by Judge Amy Totenberg on 2/3/2023. (tmf)
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| Civil Case Terminated. (tmf) |
| Filing 44 Joint MOTION to Stay by International Business Machines Corp.. (Barnes, Justin) |
| Submission of #37 MOTION to Stay Enforcement of the Court's Order Unsealing Documents Pending Appeal, to District Judge Amy Totenberg. (hfm) |
| Filing 43 REPLY to Response to Motion re #37 MOTION to Stay Enforcement of the Court's Order Unsealing Documents Pending Appeal filed by International Business Machines Corp.. (Barnes, Justin) |
| Filing 42 RESPONSE in Opposition re #37 MOTION to Stay Enforcement of the Court's Order Unsealing Documents Pending Appeal filed by Teresa Howell. (Attachments: #1 Exhibit A)(Liss-Riordan, Shannon) |
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ORDER, by docket entry only, APPROVING the parties #40 Stipulation. The January 13, 2023 enforcement date of the Unsealing Order is suspended. Plaintiff will submit a brief in opposition to IBMs Motion to Stay on or before January 6, 2023. IBM will submit a reply brief in support of its Motion to Stay on or before January 13, 2023. The enforcement date of the Unsealing Order will be: (i) twenty-one (21) days after the entry of on an order by the Court denying IBMs Motion to Stay; or (ii) a date to be set by the Court following a ruling by the Eleventh Circuit, should the Court grant IBMs Motion to Stay. Ordered by Judge Amy Totenberg on 1/5/23. (hfm)
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| Filing 41 USCA Acknowledgment of #36 Notice of Appeal filed by International Business Machines Corp. Case Appealed to USCA- 11th Circuit. Case Number 22-14316-AA. (pjm) |
| Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, #36 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 22-14316-AA. The entire record on appeal is available electronically. (pjm) |
| Filing 40 STIPULATION re #37 MOTION to Stay Enforcement of the Court's Order Unsealing Documents Pending Appeal by Teresa Howell. (Liss-Riordan, Shannon) |
| Filing 39 Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Order and Docket Sheet to US Court of Appeals re: #36 Notice of Appeal. (pjm) (Additional attachment(s) added on 12/28/2022: #1 Corrected NOA Packet) (pjm). |
| Filing 38 USCA Appeal Transmission Letter to USCA- 11th Circuit re: #36 Notice of Appeal filed by International Business Machines Corp. (pjm) (Additional attachment(s) added on 12/28/2022: #1 Corrected USCA Transmittal Letter) (pjm). |
| Filing 37 MOTION to Stay Enforcement of the Court's Order Unsealing Documents Pending Appeal with Brief In Support by International Business Machines Corp.. (Attachments: #1 Brief in Support)(Fields, Ronald) |
| Filing 36 NOTICE OF APPEAL as to #35 Order on Motion for Leave to File Matters Under Seal,,, by International Business Machines Corp.. Filing fee $ 505, receipt number AGANDC-12281894. Transcript Order Form due on 1/6/2023 (Barnes, Justin) |
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Filing 35
ORDER: Defendant IBM's Motion to Seal [Doc. #23 ] is GRANTED IN PART and DENIED IN PART. The names and titles of IBM employees (executives, line supervisors, and comparator employees) shall be sealed but replaced with pseudonyms as directed [herein]. All other information shall be unsealed. The Court ORDERS the parties to confer and file on the public docket versions of the relevant filings (Docs. #10 , #15 , #22 , #29 , #31 ) in accordance with the findings in this Order, on or before January 13, 2023. In filing the revised versions of the relevant documents and attachments, the parties should be mindful of the Court's direction to identify in the docket text the subject matter of each attached exhibit, as articulated in n.3 of this Order. See document for further specifics and instructions. Signed by Judge Amy Totenberg on 12/16/2022. (tmf)
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| Filing 34 RESPONSE re #33 Notice (Other) PLAINTIFFS' RESPONSE TO DEFENDANTS NOTICE OF SUPPLEMENTAL AUTHORITY filed by Teresa Howell. (Liss-Riordan, Shannon) Modified on 12/6/2022 to edit text (tmf). |
| Filing 33 NOTICE by International Business Machines Corp. of Filing Supplemental Authority (Attachments: #1 Exhibit A - Hewlett Order)(Fields, Ronald) |
| Filing 32 NOTICE Of Filing Supplemental Authority by International Business Machines Corp. (Attachments: #1 Exhibit A - Supplemental Authority)(Fields, Ronald) |
| Filing 31 SEALED NOTICE Of Filing Exhibits in Support of IBM's Motion to Confirm Arbitration Award by International Business Machines Corp. re #22 Notice of Filing, #21 MOTION Confirm Arbitration Award , #30 Notice of Filing,, #28 Reply Brief, Submission to District Judge, #29 Reply Brief (Attachments: #1 Exhibit A - Arbitration Demand, #2 Exhibit B - Separation Agreement, #3 Exhibit C - MSJ & Reply, #4 Exhibit D - MSJ Order, #5 Exhibit E - MFR, #6 Exhibit F - MFR Opp'n, #7 Exhibit G - MFR Replies, #8 Exhibit H - MFR Order, #9 Exhibit I - Pl's Petition Notice, #10 Exhibit J - IBM Service Waiver)(Fields, Ronald) Modified on 7/29/2022 QC email sent re no Motion to Seal (tmf). Modified on 12/16/2022 to edit red text(tmf). |
| Filing 30 NOTICE Of Filing Exhibits in Support of IBM's Motion to Confirm Arbitration Award by International Business Machines Corp. re #22 Notice of Filing, #21 MOTION Confirm Arbitration Award , #28 Reply Brief, Submission to District Judge, #29 Reply Brief (Attachments: #1 Exhibit A - Arbitration Demand, #2 Exhibit B - Separation Agreement, #3 Exhibit C - MSJ & Reply, #4 Exhibit D - MSJ Order, #5 Exhibit E - MFR, #6 Exhibit F - MFR Opp'n, #7 Exhibit G - MFR Replies, #8 Exhibit H - MFR Order, #9 Exhibit I - Pl's Petition Notice, #10 Exhibit J - IBM Service Waiver)(Fields, Ronald) |
| Submission of #21 MOTION Confirm Arbitration Award , to District Judge Amy Totenberg. (hfm) |
| Filing 29 SEALED REPLY BRIEF re #21 MOTION Confirm Arbitration Award filed by International Business Machines Corp.. (Fields, Ronald) Modified on 7/25/2022 QC email sent re no Motion to Seal(tmf). Modified on 12/16/2022 to edit red text(tmf). |
| Filing 28 (redacted) REPLY BRIEF re #21 MOTION Confirm Arbitration Award filed by International Business Machines Corp.. (Fields, Ronald) Modified on 7/25/2022 to edit text (tmf). |
| Filing 27 REPLY BRIEF re #23 MOTION for Leave to File Matters Under Seal re: #22 Notice of Filing, #15 Notice of Filing,, #10 Notice of Filing, filed by International Business Machines Corp.. (Fields, Ronald) |
| Filing 26 RESPONSE in Opposition re #21 MOTION Confirm Arbitration Award filed by Teresa Howell. (Attachments: #1 Exhibit 1 - Lohnn Plaintiff's SOF with Limited Redactions, Dkt 59)(Liss-Riordan, Shannon) |
| Filing 25 RESPONSE in Opposition re #23 MOTION for Leave to File Matters Under Seal re: #22 Notice of Filing, #15 Notice of Filing,, #10 Notice of Filing, filed by Teresa Howell. (Attachments: #1 Exhibit 1 - Lohnn Plaintiff's SOF with Limited Redactions - Dkt. 59)(Liss-Riordan, Shannon) |
| Submission of #23 MOTION for Leave to File Matters Under Seal re: #22 Notice of Filing, #15 Notice of Filing,, #10 Notice of Filing, , to District Judge Amy Totenberg. (hfm) |
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ORDER, by docket entry only, granting #24 Motion for Extension of Time, through and including July 8, 2022, to file a response re #21 MOTION Confirm Arbitration Award . Entered by Judge Amy Totenberg on 6/23/22. (hfm)
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| Filing 24 Unopposed MOTION for Extension of Time to File Response to IBM's Motion to Confirm re: #21 MOTION Confirm Arbitration Award by Teresa Howell. (Attachments: #1 Text of Proposed Order)(Rubin, Zachary) |
| Filing 23 MOTION for Leave to File Matters Under Seal re: #22 Notice of Filing, #15 Notice of Filing,, #10 Notice of Filing, with Brief In Support by International Business Machines Corp.. (Attachments: #1 Brief, #2 Exhibit Chart of Redactions, #3 Exhibit Declaration of Sam Ladah)(Fields, Ronald) |
| Filing 22 SEALED NOTICE Of Filing by International Business Machines Corp. re #21 MOTION Confirm Arbitration Award (Fields, Ronald) Modified on 12/16/2022 to edit red text(tmf). |
| Filing 21 MOTION Confirm Arbitration Award with Brief In Support by International Business Machines Corp.. (Fields, Ronald) |
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Filing 20
ORDER: This matter is before the Court on the Parties' Joint Motion to Enter Proposed Stipulated Briefing Schedule Regarding Defendant's Motion for Leave to File Under Seal. For good cause shown, the Court approves the Parties' stipulated briefing schedule and orders the following: 1.Defendant may file a supplemental Motion for Leave to File Under Seal regarding the documents related Plaintiffs Petition to Vacate, (see.Doc. [ll]). and the documents related to Defendant's Response in Opposition, (see Doc. #16 ). on or before June 10, 2022. 2.Plaintiff may file an Opposition to Defendant's supplemental Motion for Leave to File Under Seal on or before July 1, 2022. 3.Defendant may file a Reply in Support of its supplemental Motion for Leave to File Under Seal on or before July 22, 2022. 4.Defendant's filing of its supplemental Motion for Leave to File Under Seal will moot Defendant's pending Motion for Leave to File Under Seal, (Doc, #16 ), which the Court thus DENIES. Additionally, all documents filed provisionally under seal in the matter shall remain provisionally under seal until the Court has entered a ruling on Defendant's forthcoming supplemental Motion for Leave to File Under Seal. Signed by Judge Amy Totenberg on 6/7/2022. (tmf)
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| Filing 19 Joint MOTION to Enter Proposed Stipulated Briefing Schedule Regarding Defendant's Motion for Leave to File Under Seal by International Business Machines Corp.. (Attachments: #1 Text of Proposed Order)(Fields, Ronald) |
| Submission of #16 First MOTION for Leave to File Matters Under Seal re: #14 Response (Non-Motion),, #15 Notice of Filing,to District Judge Amy Totenberg. (hfm) |
| Filing 18 PLAINTIFF'S REPLY IN SUPPORT OF MOTION TO VACATE ARBITRATION AWARD re #14 Response (Non-Motion),, #1 Petition for Arbitration, #15 Notice of Filing,, #10 Notice of Filing, Motion to Vacate Arbitration Award filed by Teresa Howell. (Attachments: #1 Exhibit 1)(Liss-Riordan, Shannon) Modified on 5/10/2022 to edit event text(tmf). |
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Filing 17
ORDER denying #11 Motion for Leave to File Matters Under Seal. See Order for more details. Signed by Judge Amy Totenberg on 4/28/22. (bnw)
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| Filing 16 First MOTION for Leave to File Matters Under Seal re: #14 Response (Non-Motion),, #15 Notice of Filing,, with Brief In Support by International Business Machines Corp.. (Attachments: #1 Text of Proposed Order Proposed Order)(Fields, Ronald) |
| Filing 15 SEALED NOTICE Of Filing Response in Opposition to Petition to Vacate Arbitration Award by International Business Machines Corp. re #1 Petition for Arbitration, (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S (Order On MFR), #20 Exhibit T (Pl's Petition Notice), #21 Exhibit U (Service Waiver))(Fields, Ronald) Modified on 12/16/2022 to edit red text (tmf). |
| Filing 14 RESPONSE re #1 Petition for Arbitration, #10 Notice of Filing, filed by International Business Machines Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S (Order On MFR), #20 Exhibit T (Pl's Petition Notice), #21 Exhibit U (Service Waiver))(Fields, Ronald) |
| Submission of #11 MOTION for Leave to File Matters Under Seal re: #10 Notice of Filing, to District Judge Amy Totenberg. (hfm) |
| Filing 13 NOTICE of Appearance by Justin Robert Barnes on behalf of International Business Machines Corp. (Barnes, Justin) |
| Filing 12 NOTICE of Appearance by Ronald Mac Fields, III on behalf of International Business Machines Corp. (Fields, Ronald) |
| Filing 11 MOTION for Leave to File Matters Under Seal re: #10 Notice of Filing, Petition to Vacate Arbitration Award by Teresa Howell. (Attachments: #1 Text of Proposed Order)(Liss-Riordan, Shannon) |
| Filing 10 SEALED NOTICE Of Filing Petition to Vacate Arbitration Award by Teresa Howell re #1 Petition for Arbitration, (Attachments: #1 Brief Petition to Vacate Arbitration Award, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Liss-Riordan, Shannon) Modified on 12/16/2022 to edit red text (tmf). |
| Case unsealed. Entered by Judge Amy Totenberg on 04/07/2022. (amb) |
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ORDER denying #2 Motion to Seal Document. Plaintiff is directed to follow the procedures for filing documents under seal as outlined in Appendix H to the Local Rules, Section II. J., and as previously instructed by the Court. Entered by Judge Amy Totenberg on 4/1/22. (hfm)
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| Filing 9 WAIVER OF SERVICE Returned Executed by International Business Machines Corp.. International Business Machines Corp. waiver mailed on 2/22/2022, answer due 4/25/2022. (bnw) |
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Filing 5
STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL PROCEEDING BEFORE THE HONORABLE AMY TOTENBERG. You are required to sign and file a Certificate of Compliance in a format consistent with the Certificate of Compliance attached hereto. To request to file material under seal, the Parties should follow the mechanism described in Section II(J) of Appendix H to the Courts Local Civil Rules. Signed by Judge Amy Totenberg on 2/24/2022. (vs)
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| Clerk's Certificate of Mailing to counsel of record as to Teresa Howell re #5 Order. (vs) |
| Filing 4 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Zachary L. Rubin. Clerk to follow-up by 3/7/2022. (cdg) |
| Filing 3 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Shannon Liss-Riordan. Clerk to follow-up by 3/7/2022. (cdg) |
| Filing 2 MOTION to Provisionally Seal Documents by Teresa Howell. (eop) |
| Filing 1 PETITION to Vacate Arbitration Award filed by Teresa Howell. (Filing fee $402.00, receipt number AGANDC-11574391) (Attachments: #1 Exhibit -A, #2 Exhibit -B, #3 Exhibit -C, #4 Exhibit -D, #5 Exhibit -E, #6 Exhibit -F, #7 Exhibit -G, #8 Civil Cover Sheet)(eop) 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. |
| Submission of #2 MOTION to Provisionally Seal Documents, to District Judge Amy Totenberg. (eop) |
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