Hewlett v. IBM Corp.
| International Business Machines Corporation (IBM) |
| Linda Hewlett |
| IBM Corp. |
| 4:2021cv10503 |
| March 24, 2021 |
| US District Court for the District of Massachusetts |
| David H Hennessy |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0010 Petition to Vacate Arbitration Award |
| None |
Docket Report
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| Document Text |
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| Filing 38 USCA Case Number 21-1977 for #36 Notice of Appeal, filed by Linda Hewlett. (Paine, Matthew) |
| Filing 37 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #36 Notice of Appeal. (Paine, Matthew) |
| Filing 36 NOTICE OF APPEAL as to #35 Order on Motion to Vacate by Linda Hewlett Filing fee: $ 505, receipt number AMADC-9074341 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 12/20/2021. (Pace, Joseph) |
| Filing 35 Magistrate Judge David H. Hennessy: ENDORSED ORDER entered denying #9 MOTION to Vacate Arbitration Award nd Confirm the Award. (Lovett, Jarrett) |
| Filing 34 CONSENT by all parties to Jurisdiction by US Magistrate Judge by International Business Machines Corporation (IBM).. (Kessler, Jamie) |
| Filing 33 Electronic Clerk's Notes for proceedings held before Magistrate Judge David H. Hennessy: Hearing re: consent to a magistrate judge held on 7/22/2021. Case called. Both parties consent to a Magistrate Judge and are asked to file the appropriate from today. (Court Reporter: James Gibbons at jamesgibbonsrpr@gmail.com.)(Attorneys present: Pace, Kessler, Porter) (King, Dawn) |
| Filing 32 ELECTRONIC NOTICE of Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.Hearing set for 7/22/2021 at 10:00 AM in Remote Proceeding : Worcester before Magistrate Judge David H. Hennessy. The parties are directed to address whether they consent to proceed before a U.S. Magistrate Judge pursuant to 28 U.S.C. 636(c).(King, Dawn) |
| Filing 31 RESPONSE TO COURT ORDER by International Business Machines Corporation (IBM) re 30 Order, filing #19 Attachment #2 (Exhibit A-full arbitration agreement). (King, Dawn) (King, Dawn). |
| Filing 30 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered. Now pending before the Court is Petitioner Linda Hewlett's motion to vacate an arbitration award against Respondent International Business Machines Corporation (IBM). [Dkt. No. 9]. IBM filed a memorandum in opposition to this motion, attaching several exhibits in support of its arguments. [Dkt. No. 19]. IBM purports to have provided a copy of the arbitration agreement between the parties as Exhibit A to its memorandum. [Id. at 5; Dkt. No. 19-1 3]. However, the document provided is only a portion of what the Court assumes is the arbitration agreement. [See Dkt. No. 19-2]. Thus, IBM is hereby ORDERED to file a complete and accurate copy of the entire arbitration agreement. The document shall be filed under seal by Tuesday, June 8, 2021.(King, Dawn) |
| Filing 29 ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (King, Dawn) |
| Filing 28 REPLY to Response to #9 MOTION to Vacate Arbitration Award filed by Linda Hewlett. (Pace, Joseph) |
| Filing 27 NOTICE of Appearance by Matthew A. Porter on behalf of International Business Machines Corporation (IBM) (Porter, Matthew) |
| Filing 26 NOTICE of Withdrawal of Appearance by Andrew C. Pickett (Pickett, Andrew) |
| Filing 25 ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (King, Dawn) |
| Filing 24 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting #23 Assented to MOTION for Leave to File Reply by Linda Hewlett ; Reply brief is limited to 10 pages and is due May 14, 2021. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (King, Dawn) |
| Filing 23 Assented to MOTION for Leave to File Reply by Linda Hewlett.(Pace, Joseph) |
| Filing 22 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered denying #21 Assented to MOTION for Extension of Time to May 14, 20201 to File Reply in Support of Motion to Vacate Arbitration Award by Linda Hewlett. The court has no record of plaintiff filing a motion to file a reply brief pursuant to Local Rule 7.1(b)(3). The motion for an extension of time to do so is denied with leave to refile. Any motion to file a reply brief should attach the proposed brief or, at a minimum, indicate the number of pages of proposed briefing. (King, Dawn) |
| Filing 21 Assented to MOTION for Extension of Time to May 14, 20201 to File Reply in Support of Motion to Vacate Arbitration Award by Linda Hewlett.(Pace, Joseph) |
| Filing 20 ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (King, Dawn) |
| Filing 19 Opposition re #9 MOTION to Vacate Arbitration Award filed by International Business Machines Corporation (IBM). (Attachments: #1 Declaration of Jamie L. Kessler, Esq.)(Kessler, Jamie) (Additional attachment(s) added on 4/23/2021: #2 Exhibit A, #3 Exhibit B, #4 Exhibit C-1, #5 Exhibit C-2, #6 Exhibit C-3, #7 Exhibit C-4, #8 Exhibit C-5, #9 Exhibit D, #10 Exhibit E, #11 Exhibit F) (King, Dawn). |
| Filing 18 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting #17 Assented to MOTION for Leave to File Excess Pages by International Business Machines Corporation (IBM). Defendant is limited to a total of 28 pages. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (King, Dawn) |
| Filing 17 Assented to MOTION for Leave to File Excess Pages by International Business Machines Corporation (IBM).(Kessler, Jamie) |
| Filing 16 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting #15 Assented to MOTION for Extension of Time to 4/23/2021 to File Opposition to Petitioner's Motion to Vacate Arbitration Award by International Business Machines Corporation (IBM). (King, Dawn) |
| Filing 15 Assented to MOTION for Extension of Time to 4/23/2021 to File Opposition to Petitioner's Motion to Vacate Arbitration Award by International Business Machines Corporation (IBM).(Kessler, Jamie) |
| Filing 14 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting #13 Motion to Seal Document #13 Joint MOTION to Seal Document . The Joint Motion to File Confidential Documents Under Seal (Dkt. No. 13) is granted until further order of this Court. (King, Dawn) |
| Filing 13 Joint MOTION to Seal Document by Linda Hewlett.(Pace, Joseph) |
| Filing 12 NOTICE of Appearance by Andrew C. Pickett on behalf of International Business Machines Corporation (IBM) (Pickett, Andrew) |
| Filing 11 NOTICE of Appearance by Jamie L. Kessler on behalf of International Business Machines Corporation (IBM) (Kessler, Jamie) |
| Filing 10 MEMORANDUM in Support re #9 MOTION to Vacate Arbitration Award filed by Linda Hewlett. (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)(Angley, Timothy) |
| Filing 9 MOTION to Vacate Arbitration Award by Linda Hewlett.(Angley, Timothy) |
| Filing 8 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting #6 Motion for Leave to Appear Pro Hac Vice Added Joseph Pace. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Jones, Sherry) |
| Filing 7 Civil Cover Sheet & Category Sheet by Linda Hewlett. (Angley, Timothy) |
| Filing 6 First MOTION for Leave to Appear Pro Hac Vice for admission of Joseph Pace Filing fee: $ 100, receipt number 0101-8698165 by Linda Hewlett. (Attachments: #1 Affidavit Affidavit in Support of Pro Hac Vice Admission)(Angley, Timothy) |
| Filing 5 NOTICE of Case Assignment. Magistrate Judge David H. Hennessy assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Alba, Robert) |
| Filing 4 Case transferred in from Eastern Division (Boston) on 3/25/2021 Case Number 1:21-cv-10503. (Alba, Robert) |
| Filing 3 Case transferred to Central Division (Worcester) (Kelly, Danielle) |
| Filing 2 ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Local Category Form. The form can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents - Civil Cover Sheet & Category Sheet. (Kelly, Danielle) |
| Filing 1 COMPLAINT Motion to Vacate Arbitration Award against IBM Corp. Filing fee: $ 402, receipt number 0101-8695969 (Fee Status: Filing Fee paid), filed by Linda Hewlett. (Attachments: #1 Civil Cover Sheet)(Angley, Timothy) (Main Document 1 replaced on 3/25/2021 - removed blank page) (Kelly, Danielle). |
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