K.B. et al v. International Business Machines Corp. et al
| K.B., by and through his parents and guardians, A.B. and S.B. and K.B. |
| Office of the Plan Administrator, Unidentified Committee Members, Plan Administrator E. Fleming, IBM Medical Benefits Trust, IBM Medical and Dental Benefits Plan for Regular Full-Time and Regular Part-Time Employees, International Business Machines Corp. and IBM Office of the Plan Administrator |
| 7:2021cv01737 |
| February 26, 2021 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 10, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 41
ORDER denying #39 Letter Motion for Conference re: #39 LETTER MOTION for Conference Pre-Motion Conference Letter for Motion to Dismiss addressed to Judge Nelson Stephen Roman from Michael S. Fried dated April 19, 2021. The Court has reviewed Defendants' letter motion requesting a pre-motion conference for their anticipated motion to dismiss (ECF No. 39) and Plaintiff's response thereto (ECF No. 40). The Court waives the pre-motion conference requirement and grants Defendants leave to file their motion to dismiss as follows: the moving papers shall be served (not filed) on May 21, 2021; the opposition shall be served (not filed) on June 21, 2021; the reply shall be served on July 6, 2021. All motion papers shall be filed on the reply date, July 6, 2021. The parties shall provide two courtesy hard copies of the motion papers to Chambers as they are served. The Clerk of Court is directed to terminate the motion at ECF No. 39. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 4/21/2021) (rj)
|
| Set/Reset Deadlines: Motions due by 7/6/2021. (rj) |
| Filing 40 LETTER RESPONSE to Motion addressed to Judge Nelson Stephen Roman from Eleanor Hamburger dated 4/21/2021 re: #39 LETTER MOTION for Conference Pre-Motion Conference Letter for Motion to Dismiss addressed to Judge Nelson Stephen Roman from Michael S. Fried dated April 19, 2021. . Document filed by K.B...(Hamburger, Eleanor) |
| Filing 39 LETTER MOTION for Conference Pre-Motion Conference Letter for Motion to Dismiss addressed to Judge Nelson Stephen Roman from Michael S. Fried dated April 19, 2021. Document filed by IBM Medical and Dental Benefits Plan for Regular Full-Time and Regular Part-Time Employees, IBM Office of the Plan Administrator, International Business Machines Corp., Unidentified Committee Members..(Fried, Michael) |
|
Filing 38
ORDER FOR ADMISSION PRO HAC VICE granting #36 Motion for Corey J. Russell 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. Clerk of Court requested to terminate the motion (doc. 36). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 4/8/2021) (kv) Modified on 4/13/2021 (kv).
|
| Filing 37 ELECTRONIC AMENDED SUMMONS ISSUED as to IBM Medical Benefits Trust..(pc) |
| Filing 36 MOTION for Corey J. Russell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24338917. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by E. Fleming, IBM Medical and Dental Benefits Plan for Regular Full-Time and Regular Part-Time Employees, IBM Office of the Plan Administrator, International Business Machines Corp., Unidentified Committee Members. (Attachments: #1 Affidavit of Corey J. Russell in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing - Illinois, #3 Proposed Order for Admission Pro Hac Vice).(Russell, Corey) |
|
Filing 35
ORDER FOR ADMISSION PRO HAC VICE granting #33 Motion for Michael S. Fried 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. The Clerk of Court is directed to terminate the motion at ECF No. 33. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 4/1/2021) (rj)
|
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #36 MOTION for Corey J. Russell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24338917. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 34 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to IBM MEDICAL BENEFITS TRUST, re: #1 Complaint,,,. Document filed by K.B...(Hamburger, Eleanor) |
| Filing 33 MOTION for Michael S. Fried to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24331632. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by E. Fleming, IBM Medical and Dental Benefits Plan for Regular Full-Time and Regular Part-Time Employees, IBM Office of the Plan Administrator, International Business Machines Corp., Unidentified Committee Members. (Attachments: #1 Affidavit of Michael S. Fried in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing - District of Columbia, #3 Certificate of Good Standing - New York, #4 Proposed Order for Admission of Michael S. Fried Pro Hac Vice).(Fried, Michael) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Michael S. Fried to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24331632. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
|
Filing 32
ORDER granting #30 Letter Motion for Extension of Time to Answer re #30 LETTER MOTION for Extension of Time to File Answer or Respond to Complaint addressed to Judge Nelson Stephen Roman from Amanda L. Dollinger dated March 25, 2021., #1 Complaint,. Defendants' request (to which Plaintiff consents) is granted; Defendants shall answer or otherwise respond to the complaint on or before April 30, 2021. SO ORDERED., E. Fleming answer due 4/30/2021; IBM Medical Benefits Trust answer due 4/30/2021; IBM Medical and Dental Benefits Plan for Regular Full-Time and Regular Part-Time Employees answer due 4/30/2021; IBM Office of the Plan Administrator answer due 4/30/2021; International Business Machines Corp. answer due 4/30/2021; Unidentified Committee Members answer due 4/30/2021. (Signed by Judge Nelson Stephen Roman on 3/26/2021) (rj)
|
| Filing 31 NOTICE OF APPEARANCE by Amanda Leigh Dollinger on behalf of E. Fleming, IBM Medical and Dental Benefits Plan for Regular Full-Time and Regular Part-Time Employees, IBM Office of the Plan Administrator, International Business Machines Corp., Unidentified Committee Members..(Dollinger, Amanda) |
| Filing 30 LETTER MOTION for Extension of Time to File Answer or Respond to Complaint addressed to Judge Nelson Stephen Roman from Amanda L. Dollinger dated March 25, 2021. Document filed by E. Fleming, IBM Medical and Dental Benefits Plan for Regular Full-Time and Regular Part-Time Employees, IBM Office of the Plan Administrator, International Business Machines Corp., Unidentified Committee Members..(Dollinger, Amanda) |
| Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by International Business Machines Corp...(Dollinger, Amanda) |
| Filing 28 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #31) - NOTICE OF APPEARANCE by Amanda Leigh Dollinger on behalf of E. Fleming, IBM Medical and Dental Benefits Plan for Regular Full-Time and Regular Part-Time Employees, IBM Office of the Plan Administrator, International Business Machines Corp., Unidentified Committee Members..(Dollinger, Amanda) Modified on 3/26/2021 (ldi). |
| Filing 27 SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. IBM Medical and Dental Benefits Plan for Regular Full-Time and Regular Part-Time Employees served on 3/12/2021, answer due 4/2/2021. Service was accepted by Shelbi Sullenberger, SOP Intake at CT Corporation. Document filed by K.B...(Hamburger, Eleanor) |
| Filing 26 SUMMONS RETURNED UNEXECUTED as to IBM Medical and Dental Benefits Plan for Regular Full-Time and Regular Part-Time Employees. Attempted Service of Summons and Complaint,,,. Service was attempted on 3/4/2021. Document filed by K.B...(Hamburger, Eleanor) |
| Filing 25 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Unidentified Committee Members served on 3/8/2021, answer due 3/29/2021. Service was accepted by Erica Doe, person authorized to accept service. Document filed by K.B...(Hamburger, Eleanor) |
| Filing 24 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. E. Fleming served on 3/8/2021, answer due 3/29/2021. Service was accepted by Erica Doe, person authorized to accept service. Document filed by K.B...(Hamburger, Eleanor) |
| Filing 23 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. IBM Office of the Plan Administrator served on 3/8/2021, answer due 3/29/2021. Service was accepted by Erica Doe, person authorized to accept service. Document filed by K.B...(Hamburger, Eleanor) |
| Filing 22 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. International Business Machines Corp. served on 3/8/2021, answer due 3/29/2021. Service was accepted by Erica Doe, person authorized to accept service. Document filed by K.B...(Hamburger, Eleanor) |
| Filing 21 ELECTRONIC AMENDED SUMMONS ISSUED as to IBM Medical and Dental Benefits Plan for Regular Full-Time and Regular Part-Time Employees..(dnh) Modified on 3/11/2021 (dnh). |
| Filing 20 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to IBM Medical and Dental Benefits Plan for Regular Full-Time and Regular Part-Time Employees, re: #1 Complaint,,,. Document filed by K.B...(Hamburger, Eleanor) |
|
Filing 19
ORDER FOR ADMISSION PRO HAC VICE granting #18 Motion for Eleanor Hamburger 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. The Clerk of Court is directed to term the motion at ECF No. 18. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/9/2021) (rj)
|
| Filing 18 MOTION for Eleanor Hamburger to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by K.B.. (Attachments: #1 Cert. of E. Hamburger iso Mot., #2 Cert. of Good Standing, #3 Proposed Order).(Hamburger, Eleanor) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Eleanor Hamburger 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) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #17 MOTION for Eleanor Hamburger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24214597. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Missing Notarized Affidavit/ Declaration;. 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.. (wb) |
| Filing 17 MOTION for Eleanor Hamburger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24214597. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by K.B.. (Attachments: #1 Certificate of E. Hamburger iso Motion, #2 Certificate of Good Standing, #3 Proposed Order).(Hamburger, Eleanor) |
| Filing 16 NOTICE OF APPEARANCE by Kimberly Marie Mack Rosenberg on behalf of K.B...(Mack Rosenberg, Kimberly) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to IBM Medical Benefits Trust..(dnh) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to IBM Medical Benefits Trust, re: #1 Complaint,,,. Document filed by K.B...(Bouer, Jodi) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Unidentified Committee Members. (sj) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to IBM Medical and Dental Benefits Plan for Regular Full-Time and Regular Part-Time Employees..(sj) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to IBM Office of the Plan Administrator. (sj) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to E. Fleming. (sj) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to International Business Machines Corp.. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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..(sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jodi F. Bouer to RE-FILE Document No. #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party as to whom the summons is for should be listed on first line of "To" field, all other addressed information should follow on the next line (or include via / c/o). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Magistrate Judge Andrew E. Krause 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. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jodi F. Bouer. The party information for the following party/parties has been modified: K.B., IBM Office of the Plan Administrator. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was entered incorrectly. (sj) |
| Case Designated ECF. (sj) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Unidentified Committee Members, re: #1 Complaint,,,. Document filed by K.B., by and through his parents and guardians, A.B. and S.B...(Bouer, Jodi) |
| Filing 7 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to IBM Medical Benefits Trust, re: #1 Complaint. Document filed by K.B., by and through his parents and guardians, A.B. and S.B..(Bouer, Jodi) Modified on 3/1/2021 (sj). |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to IBM Medical and Dental Benefits Plan for Regular Full-Time and Regular Part-Time Employees, re: #1 Complaint,,,. Document filed by K.B., by and through his parents and guardians, A.B. and S.B...(Bouer, Jodi) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to IBM Office of the Plan Administrator, re: #1 Complaint,,,. Document filed by K.B., by and through his parents and guardians, A.B. and S.B...(Bouer, Jodi) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to E. Fleming, re: #1 Complaint,,,. Document filed by K.B., by and through his parents and guardians, A.B. and S.B...(Bouer, Jodi) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to International Business Machines Corporation, re: #1 Complaint,,,. Document filed by K.B., by and through his parents and guardians, A.B. and S.B...(Bouer, Jodi) |
| Filing 2 CIVIL COVER SHEET filed..(Bouer, Jodi) |
| Filing 1 COMPLAINT against E. Fleming, IBM Medical Benefits Trust, IBM Medical and Dental Benefits Plan for Regular Full-Time and Regular Part-Time Employees, International Business Machines Corp., Office of the Plan Administrator, Unidentified Committee Members. (Filing Fee $ 402.00, Receipt Number ANYSDC-24127281)Document filed by K.B., by and through his parents and guardians, A.B. and S.B.. (Attachments: #1 Appendix Appendix A, #2 Appendix Appendix B, #3 Appendix Appendix C, #4 Appendix Appendix D, #5 Appendix Appendix E, #6 Appendix Appendix F, #7 Appendix Appendix G, #8 Appendix Appendix H, #9 Appendix Appendix I, #10 Appendix Appendix J, #11 Appendix Appendix K, #12 Appendix Appendix L, #13 Appendix Appendix M, #14 Appendix Appendix N, #15 Appendix Appendix O, #16 Appendix Appendix P, #17 Appendix Appendix Q).(Bouer, Jodi) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
