Kinney et al v. International Business Machines Corporation
Plaintiff: Tom Kierl, Constance Lewis, Sheri Parr, Paul Pham, Chris Mancuso and Wilbert Talmadge
Defendant: International Business Machines Corporation
Case Number: 1:2021cv05848
Filed: July 9, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Andrew L Carter
Nature of Suit: Civil Rights: Jobs
Cause of Action: 29 U.S.C. § 626
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 14, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 20, 2021 Opinion or Order Filing 79 ORDER denying as moot #70 Letter Motion for Conference re: #70 LETTER MOTION for Conference Regarding IBM's Motion to Compel Arbitration and Dismiss State Law Claims (Dkt. 10) addressed to Judge Andrew L. Carter, Jr. from Matthew W. Lampe dated August 4, 2021., #78 LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from Heidi A. Coughlin dated 08/16/2021. ; denying as moot #78 Letter Motion for Conference re: #70 LETTER MOTION for Conference Regarding IBM's Motion to Compel Arbitration and Dismiss State Law Claims (Dkt. 10) addressed to Judge Andrew L. Carter, Jr. from Matthew W. Lampe dated August 4, 2021., #78 LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from Heidi A. Coughlin dated 08/16/2021. Defendant's request for a pre-motion conference is DENIED as moot. The Court will decide this motion on the papers as already briefed. The Clerk of Court is directed to terminate the letter motions at ECF Nos. 70 and 78. Separately, Plaintiffs are reminded to file their submissions on ECF. While the Court received the courtesy copy of Plaintiffs' August 9, 2021 submission to the Chambers email, the letter response does not appear to have been filed on the docket on that date.. (Signed by Judge Andrew L. Carter, Jr on 8/20/2021) (kgo)
August 16, 2021 Filing 78 LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from Heidi A. Coughlin dated 08/16/2021. Document filed by Tom Kierl, Constance Lewis, Chris Mancuso, Sheri Parr, Paul Pham, Wilbert Talmadge. (Attachments: #1 Exhibit Exhibit A).(Coughlin, Heidi)
August 16, 2021 Opinion or Order Filing 77 ORDER FOR ADMISSION PRO HAC VICE granting #75 Motion for Austin Harris Kaplan to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 8/16/2021) (tg)
August 16, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #75 MOTION for Austin Harris Kaplan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24929683. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 13, 2021 Opinion or Order Filing 76 ORDER FOR ADMISSION PRO HAC VICE granting #74 Motion for Alison Buell Marshall to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/13/2021) (rj)
August 13, 2021 Filing 75 MOTION for Austin Harris Kaplan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24929683. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tom Kierl, Constance Lewis, Chris Mancuso, Sheri Parr, Paul Pham, Wilbert Talmadge. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Kaplan, Austin)
August 13, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #74 MOTION for Alison Buell Marshall to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 12, 2021 Filing 74 MOTION for Alison Buell Marshall to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by International Business Machines Corporation. (Attachments: #1 Affidavit of Alison B. Marshall, #2 Exhibit Certificate of Good Standing - Michigan, #3 Exhibit Certificate of Good Standing - DC, #4 Text of Proposed Order).(Marshall, Alison)
August 12, 2021 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #73 MOTION for Alison B. Marshall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24921555. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Michigan. We do not accept certificates from a state bar registrar for this state.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
August 11, 2021 Filing 73 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Alison B. Marshall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24921555. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by International Business Machines Corporation. (Attachments: #1 Affidavit of Alison B. Marshall, #2 Exhibit Certificate of Good Standing - DC, #3 Exhibit Certificate of Good Standing - Michigan, #4 Text of Proposed Order).(Marshall, Alison) Modified on 8/12/2021 (bcu).
August 11, 2021 Opinion or Order Filing 72 ORDER TO RESPOND with respect to #70 Motion for Conference re: #70 LETTER MOTION for Conference Regarding IBM's Motion to Compel Arbitration and Dismiss State Law Claims (Dkt. 10) addressed to Judge Andrew L. Carter, Jr. from Matthew W. Lampe dated August 4, 2021. Accordingly, Plaintiffs are ORDERED to respond to Defendant's letter no later than August 16, 2021. SO ORDERED.. (Signed by Judge Andrew L. Carter, Jr on 8/11/2021) (kv)
August 11, 2021 Set/Reset Deadlines: Responses due by 8/16/2021 (kv)
August 4, 2021 Filing 71 ANSWER to #5 Amended Complaint,,. Document filed by International Business Machines Corporation..(Lampe, Matthew)
August 4, 2021 Filing 70 LETTER MOTION for Conference Regarding IBM's Motion to Compel Arbitration and Dismiss State Law Claims (Dkt. 10) addressed to Judge Andrew L. Carter, Jr. from Matthew W. Lampe dated August 4, 2021. Document filed by International Business Machines Corporation..(Lampe, Matthew)
August 4, 2021 Opinion or Order Filing 69 ORDER FOR ADMISSION PRO HAC VICE granting #68 Motion for Brantley Ross Pringle, Jr. to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Andrew L. Carter, Jr on 8/4/2021) (rj)
August 4, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #68 MOTION for Brantley Ross Pringle Jr to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 3, 2021 Filing 68 MOTION for Brantley Ross Pringle Jr to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tom Kierl, Constance Lewis, Chris Mancuso, Sheri Parr, Paul Pham, Wilbert Talmadge. (Attachments: #1 Affidavit Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Pringle, Brantley)
August 3, 2021 Opinion or Order Filing 67 ORDER FOR ADMISSION PRO HAC VICE granting #66 Motion for Heidi A. Coughlin to Appear Pro Hac Vice. (As further set forth in this Order). (Signed by Judge Andrew L. Carter, Jr on 8/3/2021) (cf)
August 3, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #66 MOTION for Heidi A. Coughlin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 2, 2021 Filing 66 MOTION for Heidi A. Coughlin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tom Kierl, Constance Lewis, Chris Mancuso, Sheri Parr, Paul Pham, Wilbert Talmadge. (Attachments: #1 Affidavit Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Coughlin, Heidi)
July 29, 2021 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #65 MOTION for Brantley Ross Pringle, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24856227. Motion and supporting papers to be reviewed by Clerk's Office staff., #64 MOTION for Heidi A. Coughlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24853985. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)
July 28, 2021 Filing 65 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Brantley Ross Pringle, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24856227. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tom Kierl, Constance Lewis, Chris Mancuso, Sheri Parr, Paul Pham, Wilbert Talmadge. (Attachments: #1 Affidavit Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Pringle, Brantley) Modified on 7/29/2021 (vba).
July 28, 2021 Filing 64 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Heidi A. Coughlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24853985. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tom Kierl, Constance Lewis, Chris Mancuso, Sheri Parr, Paul Pham, Wilbert Talmadge. (Attachments: #1 Affidavit Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Coughlin, Heidi) Modified on 7/29/2021 (vba).
July 19, 2021 Opinion or Order Filing 63 ORDER granting #59 Letter Motion for Extension of Time to Answer re #59 LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr. from Matthew W. Lampe dated July 16, 2021..IT IS SO ORDERED. International Business Machines Corporation answer due 8/4/2021. (Signed by Judge Andrew L. Carter, Jr on 7/19/2021) (rj)
July 16, 2021 Filing 62 NOTICE OF APPEARANCE by Kristina Ann Yost on behalf of International Business Machines Corporation..(Yost, Kristina)
July 16, 2021 Filing 61 NOTICE OF APPEARANCE by Matthew Willis Lampe on behalf of International Business Machines Corporation..(Lampe, Matthew)
July 16, 2021 Filing 60 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by International Business Machines Corporation..(Lampe, Matthew)
July 16, 2021 Filing 59 LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr. from Matthew W. Lampe dated July 16, 2021. Document filed by International Business Machines Corporation..(Lampe, Matthew)
July 9, 2021 Filing 58 CASE TRANSFERRED IN from the United States District Court - District of Texas Western; Case Number: 1:20-cv-00969. Original file certified copy of transfer order and docket entries received. (sjo)
July 9, 2021 Case Designated ECF. (sjo)
July 9, 2021 Magistrate Judge Robert W. Lehrburger 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. (sjo)
July 9, 2021 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
July 9, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Andrew L. Carter, Jr.. 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. (sjo)
July 7, 2021 Opinion or Order Filing 57 ORDER GRANTING #55 Plaintiffs' Partial Motion to Reconsider and Amend Order to Grant Transfer. ORDER AMENDING #54 Order as follows: Defendant International Machines Corporation's Partial Motion to Dismiss for Lack of Personal Jurisdiction #9 is DENIED without prejudice to refiling; Plaintiffs Tom Kierl, Constance Lewis, Sheri Parr, Paul Pham, Chris Mancuso, and Wilbert Talmadge's claims are SEVERED from the instant case; and Plaintiffs Tom Kierl, Constance Lewis, Sheri Parr, Paul Pham, Chris Mancuso, and Wilbert Talmadge's claims are TRANSFERRED to the United States District Court for the Southern District of New York. Signed by Judge Lee Yeakel. (cc3) [Transferred from Texas Western on 7/9/2021.]
June 20, 2021 Filing 56 Response in Opposition to Motion, filed by International Business Machines Corporation, re #55 Opposed MOTION for Reconsideration re #54 Order on Motion for Miscellaneous Relief,,, filed by Plaintiff Chris Mancuso, Plaintiff Constance Lewis, Plaintiff Tom Kierl, Plaintiff Wilbert Talmadge, Plaintiff Paul Pham, Plaintiff Sheri Parr (Attachments: #1 Proposed Order)(Broadaway, Andrew) [Transferred from Texas Western on 7/9/2021.]
June 11, 2021 Filing 55 Opposed MOTION for Reconsideration re #54 Order on Motion for Miscellaneous Relief,,, by Tom Kierl, Constance Lewis, Chris Mancuso, Sheri Parr, Paul Pham, Wilbert Talmadge. (Attachments: #1 Proposed Order Proposed Order)(Coughlin, Heidi) [Transferred from Texas Western on 7/9/2021.]
June 7, 2021 Opinion or Order Filing 54 AMENDED BY ORDER #57 ORDER GRANTING #9 MOTION to Dismiss for Lack of Personal Jurisdiction - Partial by International Business Machines Corporation and #25 Opposed MOTION to Strike Sealed Declaration of H. Coughlin by International Business Machines Corporation. Signed by Judge Lee Yeakel. (cc3) Modified on 7/7/2021 (cc3). [Transferred from Texas Western on 7/9/2021.]
May 11, 2021 Filing 53 ADVISORY TO THE COURT by International Business Machines Corporation Regarding Ford v. Montana. (Broadaway, Andrew) [Transferred from Texas Western on 7/9/2021.]
May 10, 2021 Filing 50 DEFENDANT INTERNATIONAL BUSINESS MACHINES CORPORATION'S RESPONSE TO PLAINTIFF'S SUR-SUR REPLY ON ITS #9 PARTIAL MOTION TODISMISS FOR LACK OF PERSONAL JURISDICTION (lt) [Transferred from Texas Western on 7/9/2021.]
May 10, 2021 Filing 49 DEFENDANT INTERNATIONAL BUSINESS MACHINES CORPORATION'S RESPONSE TO PLAINTIFF'S SUR-SUR-REPLY ON ITS #10 MOTION TO COMPEL ARBITRATION OF ADEA CLAIMS AND PARTIAL MOTION TO DISMISS (lt) [Transferred from Texas Western on 7/9/2021.]
May 10, 2021 Opinion or Order Text Order GRANTING #46 Motion for Leave to File entered by Judge Andrew W. Austin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ddd) [Transferred from Texas Western on 7/9/2021.]
May 10, 2021 Opinion or Order Text Order GRANTING #45 Motion for Leave to File entered by Judge Andrew W. Austin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ddd) [Transferred from Texas Western on 7/9/2021.]
May 7, 2021 Filing 47 ADVISORY TO THE COURT by Tom Kierl, Constance Lewis, Chris Mancuso, Sheri Parr, Paul Pham, Wilbert Talmadge Unopposed. (Coughlin, Heidi) [Transferred from Texas Western on 7/9/2021.]
May 3, 2021 Filing 46 Unopposed MOTION for Leave to File Response to Plaintiffs' Sur-Sur-Reply Regarding Motion to Dismiss for Lack of Personal Jurisdiction by International Business Machines Corporation. (Attachments: #1 Exhibit Response to Sur-Sur-Reply re Personal Jurisdiction, #2 Proposed Order)(Broadaway, Andrew) [Transferred from Texas Western on 7/9/2021.]
May 3, 2021 Filing 45 Unopposed MOTION for Leave to File Response to Plaintiffs' Sur-Sur-Reply Regarding Motion to Compel Arbitration by International Business Machines Corporation. (Attachments: #1 Exhibit Response to Sur-Sur-Reply re Arbitration, #2 Proposed Order)(Broadaway, Andrew) [Transferred from Texas Western on 7/9/2021.]
May 3, 2021 Filing 44 SEALED Document. PLAINTIFFS' SUR-SUR-REPLY IN FURTHER RESPONSE TO DEFENDANT INTERNATIONAL BUSINESS MACHINES CORPORATION'S #10 MOTION TO COMPEL ARBITRATION OF ADEA CLAIMS AND PARTIAL MOTION TO DISMISS (Attachments: #1 Exhibit A, #2 Exhibit B) (cc3) Modified on 5/7/2021 (cc3). Modified on 5/10/2021 (lt). [Transferred from Texas Western on 7/9/2021.]
May 3, 2021 Filing 43 SEALED Document. PLAINTIFFS' SUR-SUR-REPLY IN FURTHER RESPONSE TO DEFENDANT'S #9 PARTIAL MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 8a, #10 Exhibit 8b, #11 Exhibit 8c) (cc3) Modified on 5/7/2021 (cc3). Modified on 5/10/2021 (lt). [Transferred from Texas Western on 7/9/2021.]
May 3, 2021 Filing 42 PLAINTIFFS' SUR-SUR-REPLY IN FURTHER RESPONSE TO DEFENDANT INTERNATIONAL BUSINESS MACHINES CORPORATION'S #10 MOTION TO COMPEL ARBITRATION OF ADEA CLAIMS AND PARTIAL MOTION TO DISMISS (cc3) Modified on 5/10/2021 (lt). [Transferred from Texas Western on 7/9/2021.]
May 3, 2021 Opinion or Order Text Order GRANTING #41 Motion for Leave to File Sealed Document entered by Judge Andrew W. Austin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ddd) [Transferred from Texas Western on 7/9/2021.]
May 3, 2021 Received 2 USB Drives that include sealed Exhibits 8a, 8b, 8c for Docket No. 39. (cc3) [Transferred from Texas Western on 7/9/2021.]
May 3, 2021 Opinion or Order Text Order GRANTING #40 Motion for Leave to File entered by Judge Andrew W. Austin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ddd) [Transferred from Texas Western on 7/9/2021.]
May 3, 2021 Opinion or Order Text Order GRANTING #39 Motion for Leave to File Sealed Document entered by Judge Andrew W. Austin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ddd) [Transferred from Texas Western on 7/9/2021.]
April 30, 2021 Filing 41 Unopposed Motion for leave to File Sealed Document (Attachments: #1 Sealed Document Sealed Motion, #2 Sealed Document Sealed Exhibit A, #3 Sealed Document Sealed Exhibit B, #4 Proposed Order Proposed Order) (Coughlin, Heidi) [Transferred from Texas Western on 7/9/2021.]
April 30, 2021 Filing 40 Unopposed MOTION for Leave to File Redacted Sur-Sur-Reply In Further Opposition to IBM Motion To Compel Arbitration by Rosa Davidson, Thanh Do, Janet Gelphman, Titon Hoque, Michael Kelly, Tom Kierl, Nancy Kinney, Constance Lewis, Chris Mancuso, Walter Noffsinger, Alvaro Paiz, Sheri Parr, Paul Pham, Michael Sauro, Wilbert Talmadge, Charles Townlsey. (Attachments: #1 Exhibit Motion, #2 Proposed Order Proposed Order)(Coughlin, Heidi) [Transferred from Texas Western on 7/9/2021.]
April 30, 2021 Filing 39 Unopposed Motion for leave to File Sealed Document (Attachments: #1 Sealed Document Sealed Motion, #2 Sealed Document Sealed Exhibit 1, #3 Sealed Document Sealed Exhibit 2, #4 Sealed Document Sealed Exhibit 3, #5 Sealed Document Sealed Exhibit 4, #6 Sealed Document Sealed Exhibit 5, #7 Sealed Document Sealed Exhibit 6, #8 Sealed Document Sealed Exhibit 7, #9 Sealed Document Sealed Exhibit 8, #10 Sealed Document Sealed Exhibit 8a, #11 Sealed Document Sealed Exhibit 8b, #12 Sealed Document Sealed Exhibit 8c, #13 Proposed Order Proposed Order) (Coughlin, Heidi) [Transferred from Texas Western on 7/9/2021.]
April 30, 2021 Filing 38 PLAINTIFFS' (Redacted) SUR-SUR-REPLY IN FURTHER RESPONSE TO DEFENDANT'S #9 PARTIAL MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION (Attachments: #1 Exhibit Motion, #2 Proposed Order Proposed Order)(Coughlin, Heidi) Modified on 5/10/2021 (lt). (Attachment 1 replaced on 7/6/2021) (lt). [Transferred from Texas Western on 7/9/2021.]
March 5, 2021 Opinion or Order Filing 37 SCHEDULING ORDER: Pretrial Conference set for 9/30/2022 11:00 AM before Judge Lee Yeakel, ADR Report Deadline due by 9/3/2021, Amended Pleadings due by 7/23/2021, Discovery due by 4/1/2022, Joinder of Parties due by 7/23/2021, Motions due by 5/20/2022,. Signed by Judge Lee Yeakel. (cc3) [Transferred from Texas Western on 7/9/2021.]
March 5, 2021 Filing 36 Minute Entry for proceedings held before Judge Lee Yeakel: Pretrial Conference held on 3/5/2021. Written order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(cc3) [Transferred from Texas Western on 7/9/2021.]
March 1, 2021 Filing 52 PLAINTIFFS' SUR-REPLY IN FURTHER RESPONSE TO DEFENDANT'S #9 PARTIALMOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION (lt) [Transferred from Texas Western on 7/9/2021.]
March 1, 2021 Filing 51 PLAINTIFFS' SUR-REPLY IN OPPOSITION TO DEFENDANT INTERNATIONAL BUSINESS MACHINE CORPORATION'S #10 MOTION TO COMPEL ARBITRATION OFADEA CLAIMS AND PARTIAL MOTION TO DISMISS (lt) [Transferred from Texas Western on 7/9/2021.]
March 1, 2021 Filing 48 Response in Opposition to Motion, filed by Rosa Davidson, Thanh Do, Janet Gelphman, Titon Hoque, Michael Kelly, Tom Kierl, Nancy Kinney, Constance Lewis, Chris Mancuso, Walter Noffsinger, Alvaro Paiz, Sheri Parr, Paul Pham, Michael Sauro, Wilbert Talmadge, Charles Townlsey, re #25 Opposed MOTION to Strike Sealed Declaration of H. Coughlin filed by Defendant International Business Machines Corporation. (lt) [Transferred from Texas Western on 7/9/2021.]
March 1, 2021 Opinion or Order Text Order GRANTING #27 Motion for Leave to File entered by Judge Andrew W. Austin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ddd) [Transferred from Texas Western on 7/9/2021.]
March 1, 2021 Opinion or Order Text Order GRANTING #28 Motion for Leave to File Excess Pages entered by Judge Andrew W. Austin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ddd) [Transferred from Texas Western on 7/9/2021.]
March 1, 2021 Opinion or Order Text Order GRANTING #30 Motion for Leave to File entered by Judge Andrew W. Austin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ddd) [Transferred from Texas Western on 7/9/2021.]
February 8, 2021 Opinion or Order Filing 35 CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Judge Lee Yeakel. (cc3) [Transferred from Texas Western on 7/9/2021.]
February 5, 2021 Filing 34 Joint MOTION for Entry of Confidentiality and Protective Order by Rosa Davidson, Thanh Do, Janet Gelphman, Titon Hoque, Michael Kelly, Tom Kierl, Nancy Kinney, Constance Lewis, Chris Mancuso, Walter Noffsinger, Alvaro Paiz, Sheri Parr, Paul Pham, Michael Sauro, Wilbert Talmadge, Charles Townlsey. (Attachments: #1 Proposed Order Confidentiality & Protective Order)(Coughlin, Heidi) [Transferred from Texas Western on 7/9/2021.]
January 27, 2021 Opinion or Order Filing 33 ORDER (Initial Pretrial Conference set for 3/5/2021 at 03:30 PM by telephone before Judge Lee Yeakel). Signed by Judge Lee Yeakel. (cc3) [Transferred from Texas Western on 7/9/2021.]
January 22, 2021 Filing 32 Proposed Scheduling Order Agreed by Rosa Davidson, Thanh Do, Janet Gelphman, Titon Hoque, Michael Kelly, Tom Kierl, Nancy Kinney, Constance Lewis, Chris Mancuso, Walter Noffsinger, Alvaro Paiz, Sheri Parr, Paul Pham, Michael Sauro, Wilbert Talmadge, Charles Townlsey. (Coughlin, Heidi) Modified on 1/22/2021 (lt). [Transferred from Texas Western on 7/9/2021.]
December 28, 2020 Filing 31 REPLY to Response to Motion, filed by International Business Machines Corporation, re #25 Opposed MOTION to Strike Sealed Declaration of H. Coughlin filed by Defendant International Business Machines Corporation (Broadaway, Andrew) [Transferred from Texas Western on 7/9/2021.]
December 18, 2020 Filing 30 Unopposed MOTION for Leave to File Plaintiffs' Sur-Reply In Further Response to Defendant's Partial Motion to Dismiss for Lack of Personal Jurisdiction by Rosa Davidson, Thanh Do, Janet Gelphman, Titon Hoque, Michael Kelly, Tom Kierl, Nancy Kinney, Constance Lewis, Chris Mancuso, Walter Noffsinger, Alvaro Paiz, Sheri Parr, Paul Pham, Michael Sauro, Wilbert Talmadge, Charles Townlsey. (Attachments: #1 Exhibit Plaintiffs' Sur-Reply In Further Response to Defendant's Partial Motion to Dismiss for Lack of Personal Jurisdiction, #2 Proposed Order Proposed Oder Granting Pls Man for Leave to File Sur-Reply)(Coughlin, Heidi) [Transferred from Texas Western on 7/9/2021.]
December 18, 2020 Filing 29 NOTICE of Non-Opposition by International Business Machines Corporation re #28 Opposed MOTION for Leave to Exceed Page Limitation , #27 Opposed MOTION for Leave to File Plaintiffs' Sur-Reply In Opposition to Defendant International Business Machine Corporation's Motion to Compel Arbitration of ADEA Claims and Partial Motion To Dismiss (Broadaway, Andrew) [Transferred from Texas Western on 7/9/2021.]
December 18, 2020 Filing 28 Opposed MOTION for Leave to Exceed Page Limitation by Rosa Davidson, Thanh Do, Janet Gelphman, Titon Hoque, Michael Kelly, Tom Kierl, Nancy Kinney, Constance Lewis, Chris Mancuso, Walter Noffsinger, Alvaro Paiz, Sheri Parr, Paul Pham, Michael Sauro, Wilbert Talmadge, Charles Townlsey. (Attachments: #1 Exhibit Plaintiffs' Response in Opposition to Defendant's Motion to Strike Declaration of Heidi Coughlin, #2 Proposed Order Proposed Order Granting Mtn Leave Exceed Page Limit)(Coughlin, Heidi) [Transferred from Texas Western on 7/9/2021.]
December 18, 2020 Filing 27 Opposed MOTION for Leave to File Plaintiffs' Sur-Reply In Opposition to Defendant International Business Machine Corporation's Motion to Compel Arbitration of ADEA Claims and Partial Motion To Dismiss by Rosa Davidson, Thanh Do, Janet Gelphman, Titon Hoque, Michael Kelly, Tom Kierl, Nancy Kinney, Constance Lewis, Chris Mancuso, Walter Noffsinger, Alvaro Paiz, Sheri Parr, Paul Pham, Michael Sauro, Wilbert Talmadge, Charles Townlsey. (Attachments: #1 Exhibit Pl Sur-Reply, #2 Proposed Order Proposed Order)(Coughlin, Heidi) [Transferred from Texas Western on 7/9/2021.]
December 15, 2020 Opinion or Order Filing 26 ORDER REFERRING MOTIONS: #9 MOTION to Dismiss for Lack of Personal Jurisdiction - Partial filed by International Business Machines Corporation, #10 MOTION to Compel Arbitration of ADEA Claims and Partial Motion to Dismiss filed by International Business Machines Corporation, AND #25 Opposed MOTION to Strike Sealed Declaration of H. Coughlin filed by International Business Machines Corporation. Signed by Judge Lee Yeakel. Referral Magistrate Judge: Andrew W. Austin. (jv2) [Transferred from Texas Western on 7/9/2021.]
December 11, 2020 Filing 25 Opposed MOTION to Strike Sealed Declaration of H. Coughlin by International Business Machines Corporation. (Attachments: #1 Proposed Order)(Broadaway, Andrew) [Transferred from Texas Western on 7/9/2021.]
December 11, 2020 Filing 24 REPLY to Response to Motion, filed by International Business Machines Corporation, re #9 MOTION to Dismiss for Lack of Personal Jurisdiction - Partial filed by Defendant International Business Machines Corporation (Broadaway, Andrew) [Transferred from Texas Western on 7/9/2021.]
December 11, 2020 Filing 23 REPLY to Response to Motion, filed by International Business Machines Corporation, re #10 MOTION to Compel Arbitration of ADEA Claims and Partial Motion to Dismiss filed by Defendant International Business Machines Corporation (Attachments: #1 Exhibit Kennedy Supp. Decl.)(Broadaway, Andrew) [Transferred from Texas Western on 7/9/2021.]
November 30, 2020 Opinion or Order Filing 22 ORDER GRANTING Defendant's #21 Unopposed Motion for Extension of Time. Signed by Judge Lee Yeakel. (lt) [Transferred from Texas Western on 7/9/2021.]
November 25, 2020 Filing 21 Unopposed MOTION for Extension of Time to File Replies re Defendant's #9 Partial Motion to Dismiss for Lack of Personal Jurisdiction and Defendant's #10 Motion to Compel Arbitration of ADEA Claims and Partial Motion to Dismiss (Attachments: #1 Proposed Order)(Smith, Edward) Modified on 11/25/2020 (lt). [Transferred from Texas Western on 7/9/2021.]
November 24, 2020 Opinion or Order Filing 20 ORDER GRANTING Plaintiffs' #18 Agreed Motion for Leave to File Exhibit Under Seal. Signed by Judge Lee Yeakel. (lt) [Transferred from Texas Western on 7/9/2021.]
November 24, 2020 Opinion or Order Filing 19 ORDER GRANTING Plaintiffs' #15 Motion for Leave to File Response exceeding page limit. Signed by Judge Lee Yeakel. (lt) [Transferred from Texas Western on 7/9/2021.]
November 23, 2020 Notice of Correction: re #15 Unopposed MOTION for Leave to Exceed Page Limitation. As of 7/28/20 when filing a Motion for Leave to Exceed Page Limitations in the Austin Division, the document that exceeds the page limit should be attached to the motion, and should not be filed as a separate docket event. Your filing will be added to the docket record by the Clerks Office, if the Court grants your motion for leave. Please note this information for future filing purposes. (lt) [Transferred from Texas Western on 7/9/2021.]
November 20, 2020 Filing 18 Unopposed Motion for leave to File Sealed Document (Attachments: #1 Exhibit Exhibit 9, #2 Proposed Order Proposed Order) (Coughlin, Heidi) [Transferred from Texas Western on 7/9/2021.]
November 20, 2020 Filing 17 RESPONSE to Motion, filed by Rosa Davidson, Thanh Do, Janet Gelphman, Titon Hoque, Michael Kelly, Tom Kierl, Nancy Kinney, Constance Lewis, Chris Mancuso, Walter Noffsinger, Alvaro Paiz, Sheri Parr, Paul Pham, Michael Sauro, Wilbert Talmadge, Charles Townlsey, re #9 MOTION to Dismiss for Lack of Personal Jurisdiction - Partial filed by Defendant International Business Machines Corporation (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 10, #10 Exhibit Exhibit 11, #11 Proposed Order Proposed Order)(Coughlin, Heidi) (Additional attachment(s) added on 11/24/2020: #12 Sealed Document Exhibit 9 Filed Under Seal) (lt). [Transferred from Texas Western on 7/9/2021.]
November 20, 2020 Filing 16 RESPONSE to Motion, filed by Rosa Davidson, Thanh Do, Janet Gelphman, Titon Hoque, Michael Kelly, Tom Kierl, Nancy Kinney, Constance Lewis, Chris Mancuso, Walter Noffsinger, Alvaro Paiz, Sheri Parr, Paul Pham, Michael Sauro, Wilbert Talmadge, Charles Townlsey, re #10 MOTION to Compel Arbitration of ADEA Claims and Partial Motion to Dismiss filed by Defendant International Business Machines Corporation (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Coughlin, Heidi) [Transferred from Texas Western on 7/9/2021.]
November 20, 2020 Filing 15 Unopposed MOTION for Leave to Exceed Page Limitation by Rosa Davidson, Thanh Do, Janet Gelphman, Titon Hoque, Michael Kelly, Tom Kierl, Nancy Kinney, Constance Lewis, Chris Mancuso, Walter Noffsinger, Alvaro Paiz, Sheri Parr, Paul Pham, Michael Sauro, Wilbert Talmadge, Charles Townlsey. (Attachments: #1 Proposed Order)(Coughlin, Heidi) [Transferred from Texas Western on 7/9/2021.]
November 3, 2020 Opinion or Order Filing 14 ORDER GRANTING #13 Unopposed Motion for Extension of Time to File Responses and Replies. Signed by Judge Lee Yeakel. (lt) [Transferred from Texas Western on 7/9/2021.]
November 2, 2020 Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply to Defendants Partial Motion to Dismiss for Lack of Personal Jurisdiction and Defendants Motion to Compel Arbitration of ADEA Claims and Partial Motion to Dismiss by Rosa Davidson, Thanh Do, Janet Gelphman, Titon Hoque, Michael Kelly, Tom Kierl, Nancy Kinney, Constance Lewis, Chris Mancuso, Walter Noffsinger, Alvaro Paiz, Sheri Parr, Paul Pham, Michael Sauro, Wilbert Talmadge, Charles Townlsey. (Attachments: #1 Proposed Order)(Coughlin, Heidi) [Transferred from Texas Western on 7/9/2021.]
October 23, 2020 Filing 12 Partial ANSWER to #5 Amended Complaint,, by International Business Machines Corporation.(Broadaway, Andrew) [Transferred from Texas Western on 7/9/2021.]
October 23, 2020 Filing 11 RULE 7 DISCLOSURE STATEMENT filed by International Business Machines Corporation. (Broadaway, Andrew) [Transferred from Texas Western on 7/9/2021.]
October 23, 2020 Filing 10 MOTION to Compel Arbitration of ADEA Claims and Partial Motion to Dismiss by International Business Machines Corporation. (Attachments: #1 Exhibit D. Kennedy - Declaration, #2 Exhibit Kennedy Decl. Ex. A - Kierl Agmt, #3 Exhibit Kennedy Decl. Ex. B - Kinney Agmt, #4 Exhibit Kennedy Decl. Ex. C - Lewis Agmt, #5 Exhibit Kennedy Decl. Ex. D - Paiz Agmt 1st, #6 Exhibit Kennedy Decl. Ex. E - Paize Agmt 2nd, #7 Exhibit Kennedy Decl. Ex. F - Parr)(Broadaway, Andrew) [Transferred from Texas Western on 7/9/2021.]
October 23, 2020 Filing 9 MOTION to Dismiss for Lack of Personal Jurisdiction - Partial by International Business Machines Corporation. (Broadaway, Andrew) [Transferred from Texas Western on 7/9/2021.]
October 15, 2020 Filing 8 SUMMONS Returned Executed by Alvaro Paiz, Tom Kierl, Charles Townlsey, Nancy Kinney, Chris Mancuso, Michael Kelly, Michael Sauro, Janet Gelphman, Sheri Parr, Titon Hoque, Thanh Do, Wilbert Talmadge, Constance Lewis, Walter Noffsinger, Paul Pham, Rosa Davidson. All Defendants. (Coughlin, Heidi) [Transferred from Texas Western on 7/9/2021.]
October 8, 2020 Filing 7 Summons Issued as to International Business Machines Corporation. (lt) [Transferred from Texas Western on 7/9/2021.]
October 7, 2020 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS by Rosa Davidson, Thanh Do, Janet Gelphman, Titon Hoque, Michael Kelly, Tom Kierl, Nancy Kinney, Constance Lewis, Chris Mancuso, Walter Noffsinger, Alvaro Paiz, Sheri Parr, Paul Pham, Michael Sauro, Wilbert Talmadge, Charles Townlsey. (Coughlin, Heidi) [Transferred from Texas Western on 7/9/2021.]
October 7, 2020 Filing 5 AMENDED COMPLAINT against All Defendants amending, filed by Alvaro Paiz, Tom Kierl, Charles Townlsey, Nancy Kinney, Chris Mancuso, Michael Kelly, Michael Sauro, Sheri Parr, Titon Hoque, Thanh Do, Wilbert Talmadge, Constance Lewis, Walter Noffsinger, Paul Pham, Rosa Davidson, Janet Gelphman. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10)(Coughlin, Heidi) (Attachment 2 and 5 replaced on 10/8/2020 to rotate pages) (lt). Modified on 10/8/2020 (lt). [Transferred from Texas Western on 7/9/2021.]
October 2, 2020 Filing 4 SUMMONS Returned Executed by Alvaro Paiz, Tom Kierl, Charles Townlsey, Nancy Kinney, Chris Mancuso, Michael Kelly, Michael Sauro, Sheri Parr, Titon Hoque, Thanh Do, Wilbert Talmadge, Constance Lewis, Walter Noffsinger, Paul Pham, Rosa Davidson. All Defendants. (Coughlin, Heidi) [Transferred from Texas Western on 7/9/2021.]
September 21, 2020 Filing 3 Summons Issued as to International Business Machines Corporation. (cj) [Transferred from Texas Western on 7/9/2021.]
September 18, 2020 Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj) [Transferred from Texas Western on 7/9/2021.]
September 18, 2020 If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Austin (cj) [Transferred from Texas Western on 7/9/2021.]
September 18, 2020 DEMAND for Trial by Jury by Rosa Davidson, Thanh Do, Titon Hoque, Michael Kelly, Tom Kierl, Nancy Kinney, Constance Lewis, Chris Mancuso, Walter Noffsinger, Alvaro Paiz, Sheri Parr, Paul Pham, Michael Sauro, Wilbert Talmadge, Charles Townlsey. (cj) [Transferred from Texas Western on 7/9/2021.]
September 18, 2020 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Rosa Davidson, Thanh Do, Titon Hoque, Michael Kelly, Tom Kierl, Nancy Kinney, Constance Lewis, Chris Mancuso, Walter Noffsinger, Alvaro Paiz, Sheri Parr, Paul Pham, Michael Sauro, Wilbert Talmadge, Charles Townlsey. (Coughlin, Heidi) [Transferred from Texas Western on 7/9/2021.]
September 18, 2020 Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-13984682), filed by Alvaro Paiz, Tom Kierl, Charles Townlsey, Nancy Kinney, Chris Mancuso, Michael Kelly, Michael Sauro, Sheri Parr, Titon Hoque, Thanh Do, Wilbert Talmadge, Constance Lewis, Walter Noffsinger, Paul Pham, Rosa Davidson. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Summons)(Coughlin, Heidi) (Attachment 12 replaced and flattened on 9/21/2020) (cj). [Transferred from Texas Western on 7/9/2021.]

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Search for this case: Kinney et al v. International Business Machines Corporation
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Plaintiff: Tom Kierl
Represented By: Archie Carl Pierce
Represented By: Austin Harris Kaplan
Represented By: Blair J. Leake
Represented By: Heidi A. Coughlin
Represented By: Brantley Ross Pringle, Jr
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Plaintiff: Constance Lewis
Represented By: Archie Carl Pierce
Represented By: Austin Harris Kaplan
Represented By: Blair J. Leake
Represented By: Heidi A. Coughlin
Represented By: Brantley Ross Pringle, Jr
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Plaintiff: Sheri Parr
Represented By: Archie Carl Pierce
Represented By: Austin Harris Kaplan
Represented By: Blair J. Leake
Represented By: Heidi A. Coughlin
Represented By: Brantley Ross Pringle, Jr
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Plaintiff: Paul Pham
Represented By: Archie Carl Pierce
Represented By: Austin Harris Kaplan
Represented By: Blair J. Leake
Represented By: Heidi A. Coughlin
Represented By: Brantley Ross Pringle, Jr
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Plaintiff: Chris Mancuso
Represented By: Archie Carl Pierce
Represented By: Austin Harris Kaplan
Represented By: Blair J. Leake
Represented By: Heidi A. Coughlin
Represented By: Brantley Ross Pringle, Jr
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Plaintiff: Wilbert Talmadge
Represented By: Archie Carl Pierce
Represented By: Austin Harris Kaplan
Represented By: Blair J. Leake
Represented By: Heidi A. Coughlin
Represented By: Brantley Ross Pringle, Jr
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Defendant: International Business Machines Corporation
Represented By: Alan Lin
Represented By: Andrew J. Broadaway
Represented By: Edward M. Smith
Represented By: Alison B. Marshall
Represented By: Matthew Willis Lampe
Represented By: Kristina Ann Yost
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