Warren v. International Business Machines Corp.
| James Warren |
| International Business Machines Corp. |
| 1:2021cv06353 |
| July 26, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Other Statutes: Arbitration |
| 28 U.S.C. ยง 2201 dj |
| None |
Docket Report
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Filing 10
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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| CONSOLIDATED MEMBER CASE: Create association to 1:21-cv-06296-JMF.. (kv) |
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Filing 9
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 8
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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| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Katherine Polk Failla is no longer assigned to the case. (vba) |
| Filing 7 NOTICE OF APPEARANCE by Matthew Willis Lampe on behalf of International Business Machines Corp...(Lampe, Matthew) |
| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case. (vba) |
| Magistrate Judge Sarah Netburn 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) |
| 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) |
| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. International Business Machines Corp. waiver sent on 7/26/2021, answer due 9/24/2021. Document filed by James Warren..(Liss-Riordan, Shannon) |
| Filing 5 STATEMENT OF RELATEDNESS re: that this action be filed as related to 21-cv-6296 (JMF). Document filed by International Business Machines Corp...(Lampe, Matthew) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 21-cv-06296. Document filed by James Warren..(Liss-Riordan, Shannon) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo) |
| Case Designated ECF. (jgo) |
| CASE REFERRED TO Judge Valerie E. Caproni as possibly related to 18-cv-8434. (jgo) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-08434 and 21-cv-06164. Document filed by James Warren..(Liss-Riordan, Shannon) |
| Filing 2 CIVIL COVER SHEET filed..(Liss-Riordan, Shannon) |
| Filing 1 COMPLAINT against International Business Machines Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24842621)Document filed by James Warren..(Liss-Riordan, Shannon) |
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| Plaintiff: James Warren | |
| Represented By: | Shannon Liss-Riordan |
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| Defendant: International Business Machines Corp. | |
| Represented By: | Matthew Willis Lampe |
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