IN RE: IBM ARBITRATION AGREEMENT LITIGATION
| William Chastka |
| International Business Machines Corporation |
| Mark Guerinot, william abt, Brian Brown, Brian Burgoyne, Mark Carlton, Denise Cote, Michael Davis, Mario DiFelice, Joseph Duffin, Om Goeckermann, Deborah Kamienski, Douglas Lee, Steven Mandel, Mark McHugh, Sandy Plotzker, Alexander Saldarriaga, Richard Ulnick, Mark Vornhagen, James Warren, Dean Wilson, Colleen Leigh, Fred Gianiny, Phillip Corbett and Brian Flannery |
| Equal Employment Opportunity Commission |
| 1:2021cv06296 |
| July 23, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Other Statutes: Arbitration |
| 28 U.S.C. § 2201 dj |
| None |
Docket Report
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This docket was last retrieved on August 2, 2022. A more recent docket listing may be available from PACER.
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Filing 23
ORDER: On September 14, 2021, the Equal Employment Opportunity Commission ("EEOC") filed a letter, see ECF No. 22, in response to the Court's August 24th Order, see ECF No. 20, at 4. In its September 14th letter, the EEOC requests an extension of the deadline to file any amicus brief and seeks the Court's guidance "as to whether there are any specific legal issues regarding which [its] participation would be of assistance." ECF No. 22. The request for an extension is hereby GRANTED. Any amicus brief from the EEOC shall therefore be filed within seven days of Defendant's oppositions to Plaintiffs' motions for summary judgment and cross-motions to dismiss and/or for summary judgment (which, assuming no modifications to the current schedule, would mean a due date of November 1, 2021). As for the EEOC's request for guidance, the Court notes that, according to Plaintiffs, this case raises the question of whether the timing provisions in Defendant IBM's arbitration agreement impermissibly abridged the Age Discrimination in Employment Act limitations period for filing suit, which Plaintiffs argue is a substantive right. See ECF No. 16, at 3. The Court understands that the EEOC previously submitted an amicus brief that touched on these matters in a case before the Sixth Circuit. See Thompson v. Fresh Products, LLC, EEOC Brief, 2020 WL 1160190, at *19-25 (6th Cir. Mar. 2, 2020). Plaintiffs also suggested to the Court that the EEOC might have an interest in providing input with respect to the scope of its investigation of IBM's practices (which Plaintiffs claim is relevant in determining whether they may rely on "piggybacking") and in sharing its view on the confidentiality provision in IBM's arbitration agreement. See ECF No. 16, at 3-4. The Court intimates no view on whether the EEOC has an interest in these matters that would make an amicus brief appropriate. SO ORDERED. ( Brief due by 11/1/2021.) (Signed by Judge Jesse M. Furman on 9/15/2021) (vfr)
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Filing 22
LETTER addressed to Judge Jesse M. Furman from James M. Tucker dated September 14, 2021 re: invitation for EEOC to participate as amicus. Document filed by Equal Employment Opportunity Commission..(Tucker, James)
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Filing 21
ACKNOWLEDGMENT OF SERVICE of Acknowledgment of Service served on EEOC on 08/26/2021. Service was accepted by JENNIFER GOLDSTEIN, ASSOCIATE GENERAL COUNSEL, APPELLATE LITIGATION, OF THE EEOC. Document filed by Brian Brown, Brian Burgoyne, Mark Carlton, William Chastka, Phillip Corbett, Denise Cote, Michael Davis, Mario DiFelice, Joseph Duffin, Brian Flannery, Fred Gianiny, Om Goeckermann, Mark Guerinot, Deborah Kamienski, Douglas Lee, Colleen Leigh, Steven Mandel, Mark McHugh, Sandy Plotzker, Alexander Saldarriaga, Richard Ulnick, Mark Vornhagen, James Warren, Dean Wilson, william abt..(Liss-Riordan, Shannon)
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Filing 20
ORDER re: (9 in 1:21-cv-06353-JMF, 11 in 1:21-cv-06308-JMF, 9 in 1:21-cv-06375-JMF, 11 in 1:21-cv-06340-JMF, 9 in 1:21-cv-06351-JMF, 9 in 1:21-cv-06326-JMF, 9 in 1:21-cv-06310-JMF, 10 in 1:21-cv-06384-JMF, 9 in 1:21-cv-06312-JMF, 8 in 1:21-cv-06355-JMF, 10 in 1:21-cv-06322-JMF, 9 in 1:21-cv-06314-JMF, 10 in 1:21-cv-06325-JMF, 9 in 1:21-cv-06341-JMF, 9 in 1:21-cv-06320-JMF, 10 in 1:21-cv-06377-JMF, 8 in 1:21-cv-06323-JMF, 11 in 1:21-cv-06331-JMF, 13 in 1:21-cv-06296-JMF, 8 in 1:21-cv-06332-JMF) Order,,,, (16 in 1:21-cv-06296-JMF) Letter filed by International Business Machines Corporation, (15 in 1:21-cv-06296-JMF) Letter filed by William Chastka, WILLIAM CHASTKA. In light of the parties' agreement, and the fact that the above-captioned actions involve common questions of law and fact, it is hereby ORDERED that pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, the above-captioned cases are consolidated under case number 21-CV-6296 (JMF). Notwithstanding such consolidation, the consolidated cases will "retain their separate identities." Hall v. Hall, 138 S. Ct. 1118, 1128-31 (2018). The Clerk of Court is directed to consolidate the above-captioned actions under case number 21-CV-6296 and to close the other twenty-four actions listed above. All future filings in the consolidated actions are to be made only under case number 21-CV-6296. It is hereby ORDERED that all orders, pleadings, motions, and other documents served or filed in the consolidated actions shall bear the following caption: as further set forth herein. The Clerk of Court is directed to conform the docket in 21-CV-6296 to the caption above. Plaintiffs' motions for summary judgment shall be filed by September 23, 2021, and shall be limited to 30 pages in length; Defendant's oppositions to Plaintiffs' motions for summary judgment and cross-motions to dismiss and/or for summary judgment shall be filed by October 25, 2021, and shall be limited to a single, consolidated memorandum of law not to exceed 45 pages in length; Plaintiffs' replies and oppositions to any cross motions shall be filed by November 9, 2021, and shall be limited to a single, consolidated memorandum of law not to exceed 45 pages in length; and Defendant's replies in support of cross-motions shall be filed by November 24, 2021, and shall be limited to 15 pages in length. The Court hereby invites the EEOC to submit an amicus brief seven days after the first brief filed by the party that the EEOC is supporting (or, if filed in support of both parties or neither party, then seven days after Plaintiffs file their motions for summary judgment). In extending this invitation, the Court takes no position on the substance of the parties' arguments concerning the interest, if any, of the EEOC and whether any deference would be owed to its views. It is ORDERED that Plaintiffs' counsel shall promptly serve a copy of this Order on the EEOC and shall file proof of such service on the docket. Upon review of the parties' submissions in response to the Court's July 29, 2021, Order to Show Cause, see ECF Nos. 14, 18, the Court is satisfied that there is subject-matter jurisdiction given that the underlying arbitrations involved claims under the Age Discrimination in Employment Act. See Doscher v. Sea Port Grp. Secs., LLC, 832 F.3d 372, 388 (2d Cir. 2016). This Order shall apply to any other case referenced in Plaintiffs' counsel's letter of August 12, 2021, see ECF No. 15, that is subsequently assigned or reassigned to the undersigned. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/24/2021) Filed In Associated Cases: 1:21-cv-06296-JMF et al. (kv)
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Set/Reset Deadlines: Cross Motions due by 10/25/2021. Motions due by 9/23/2021. Responses due by 11/9/2021 Replies due by 11/24/2021. (kv)
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Filing 19
ORDER granting #12 Motion for Alison Buell Marshall to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 18
RESPONSE TO ORDER TO SHOW CAUSE re: #6 Order to Show Cause,,,,,. Document filed by International Business Machines Corporation. (Attachments: #1 Declaration of N. Harbol).(Lampe, Matthew)
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Filing 17
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by International Business Machines Corporation..(Lampe, Matthew)
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Filing 16
JOINT LETTER addressed to Judge Jesse M. Furman from Shannon Liss-Riordan & Matthew W. Lampe dated August 19, 2021 re: August 12, 2021 Order. Document filed by International Business Machines Corporation..(Lampe, Matthew)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 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)
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Filing 15
LETTER addressed to Judge Jesse M. Furman from Shannon Liss-Riordan dated 08/12/2021 re: List of IBM Arbitration Agreement Cases. Document filed by William Chastka..(Liss-Riordan, Shannon)
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Filing 14
RESPONSE TO ORDER TO SHOW CAUSE re: #6 Order to Show Cause,,,,,. Document filed by William Chastka..(Liss-Riordan, Shannon)
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Filing 13
ORDER: Plaintiffs' counsel shall promptly file a letter with a list of the IBM arbitration agreement cases pending before other Judges in this District. By August 19, 2021, the parties shall confer and file a joint letter discussing their views on: (i) the best way for the Court to resolve the issues presented in these cases, including, if applicable, a briefing schedule; (ii) whether the Equal Employment Opportunity Commission should be invited to share its views on the present cases; and (iii) the appropriateness of consolidation or other means to coordinate the pending cases. All conferences scheduled in the above-captioned cases are hereby CANCELED. This Order shall apply to all other cases involving the same arbitration agreement filed against IBM in July 2021 that are subsequently assigned or reassigned to the undersigned. The Clerk of Court is directed to docket this Order in all of the above-captioned cases. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/12/2021) (rro)
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Filing 12
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 DC Certificate of Good Standing, #3 Exhibit Michigan Certificate of Good Standing, #4 Text of Proposed Order).(Marshall, Alison)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #11 MOTION for Alison B. Marshall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24919298. 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)
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Filing 11
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Alison B. Marshall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24919298. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by International Business Machines Corporation. (Attachments: #1 Affidavit Affidavit of Alison B. Marshall, #2 Exhibit DC Certificate of Good Standing, #3 Exhibit Michigan Certificate of Good Standing, #4 Text of Proposed Order).(Marshall, Alison) Modified on 8/12/2021 (bcu).
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Filing 10
ORDER: Counsel are hereby ORDERED to appear for a telephone conference on August 12, 2021, at 2:30 p.m. to discuss how to handle these cases. The conference will be held remotely by telephone in accordance with Rule 2(B) of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) Counsel should review and comply with the rules regarding teleconferences in the Court's Individual Rules and Practices in Civil Cases, including Rule 2(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with a list of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. This Order shall also apply to all other cases involving the same arbitration agreement filed against IBM assigned to the undersigned before the time of the scheduled conference. The Clerk of Court is directed to docket this Order in all of the above-captioned cases. SO ORDERED. ( Telephone Conference set for 8/12/2021 at 02:30 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/9/2021) (va)
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Filing 9
NOTICE OF APPEARANCE by Matthew Willis Lampe on behalf of International Business Machines Corporation..(Lampe, Matthew)
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Filing 8
WAIVER OF SERVICE RETURNED EXECUTED. Document filed by William Chastka..(Liss-Riordan, Shannon)
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***DELETED DOCUMENT. Deleted document number 7 WAIVER OF SERVICE RETURNED EXECUTED. The document was incorrectly filed in this case. (lb)
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Filing 6
ORDER TO SHOW CAUSE: It is well established that "the Declaratory Judgment Act does not by itself confer subject matter jurisdiction on the federal courts." Correspondent Servs. Corp. v. First Equities Corp. of Fla., 442 F.3d 767, 769 (2d Cir. 2006) (per curiam). Instead, "there must be an independent basis of jurisdiction before a district court may issue a declaratory judgment." Id.; see also Norton v. Town of Islip, 678 F. App'x 17, 22 (2d Cir. 2017) (summary order) (noting that "the Declaratory Judgment Act is procedural only and does not create an independent cause of action" (cleaned up)). In light of that, Plaintiff is directed to show cause in writing filed on ECF no later than August 12, 2021, whether and on what basis this Court has subject-matter jurisdiction over his claim. Defendant shall file any response by August 19, 2021, or within a week of entering an appearance, whichever is later. Among other topics, the parties should address in their submissions whether the Court has subject-matter jurisdiction to adjudicate this action pursuant to the Age Discrimination in Employment Act, 29 U.S.C. 621 et seq. Plaintiff shall serve a copy of this Order on Defendant by August 4, 2021, and shall file proof of such service by August 6, 2021. SO ORDERED. Show Cause Response due by 8/19/2021. (Signed by Judge Jesse M. Furman on 7/29/2021) (rj)
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Filing 5
CERTIFICATE OF SERVICE of Notice of Pretrial Conference (Dkt. 4) and Judge Furman's Individual Rules served on International Business Machines Corp. on 07/27/2021. Service was made by electronic mail. Document filed by William Chastka. (Attachments: #1 E-mail to IBM's counsel).(Liss-Riordan, Shannon)
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Filing 4
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on September 1, 2021 at 3:45 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at https://www.nysd.uscourts.gov/electronic-case-filing. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Additionally, in accordance with Paragraph 2.B of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 9/1/2021 at 03:45 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/27/21) (yv)
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Case Designated ECF. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc)
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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: International Business Machines Corporation. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc)
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CASE REFERRED TO Judge Valerie E. Caproni as possibly related to 18cv8434. (pc)
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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. (vba)
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CASE DECLINED AS NOT RELATED. Case referred as related to 1:18-cv-08434-VEC-SLC;1:21-cv-06164-JPO and declined by Judge Valerie Caproni; Judge J. Paul Oetken and returned to wheel for assignment. (vba)
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NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (vba)
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Filing 3
STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-08434 and 21-cv-06164. Document filed by William Chastka..(Liss-Riordan, Shannon)
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Filing 2
CIVIL COVER SHEET filed..(Liss-Riordan, Shannon)
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Filing 1
COMPLAINT against International Business Machines Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-24837180)Document filed by William Chastka..(Liss-Riordan, Shannon)
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