Jander v. International Business Machines Corporation et al

Filing 146

ORDER re: 144 MOTION to Approve disbursal of unclaimed settlement funds . filed by Larry W. Jander. Accordingly, IT IS HEREBY ORDERED, that any party wishing to be heard on the Recusal Notice filed by Judge McMahon, including speci fically with respect to the Settlement Disbursement Orders, shall file a letter not to exceed three pages on or before 4:00pm on July 25, 2022. IT IS FURTHER ORDERED that any party wishing to be heard on the Deposit Letter shall file a letter not to exceed three pages on or before 4:00pm on July 25, 2022. SO ORDERED. ( Responses due by 7/25/2022) (Signed by Judge Mary Kay Vyskocil on 7/18/2022) (tg)

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 7/18/2022

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
LARRY W. JANDER, RICHARD J. WAKSMAN,
and all other individuals similarly situated,
Plaintiffs,

1:15-cv-3781 (MKV)

-againstRETIREMENT PLANS COMMITTEE OF IBM,
RICHARD CARROLL, MARTIN SCHROETER,
and ROBERT WEBER,

ORDER

Defendants.
MARY KAY VYSKOCIL, United States District Judge:
On July 22, 2021, Judge McMahon entered an order approving a settlement of all claims
in this this matter. [ECF No. 135]. The Settlement had been preliminary approved by the
Honorable William H. Pauley, III on April 28, 2021, [ECF No. 118], who had presided over the
case since its filing. Thereafter, by Orders dated January 6, 2022 and February 24, 2022, Judge
McMahon approved two disbursements of proceeds pursuant to the Settlement. [ECF Nos. 141,
143] (the “Settlement Disbursement Orders”).
On July 13, 2022, Plaintiffs Richard Waksman and Larry Jander sought approval to
deposit unclaimed settlement funds pursuant to the Settlement plan. [ECF No. 144] (the
“Deposit Letter”). On July 14, 2022, Judge McMahon issued a Notice to Counsel [ECF No. 145]
advising that shortly prior to the date she entered the two Settlement Disbursements Orders, her
husband had purchased stock in IBM. Pursuant to that Notice, Judge McMahon recused herself
from the matter, and referred the Deposit Letter to the newly-assigned judge who would preside
over the case. Thereafter, this matter was assigned to this Court.

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Accordingly, IT IS HEREBY ORDERED, that any party wishing to be heard on the
Recusal Notice filed by Judge McMahon, including specifically with respect to the Settlement
Disbursement Orders, shall file a letter not to exceed three pages on or before 4:00pm on July 25,
2022. IT IS FURTHER ORDERED that any party wishing to be heard on the Deposit Letter
shall file a letter not to exceed three pages on or before 4:00pm on July 25, 2022.
SO ORDERED.
Date: July 18, 2022
New York, NY

_________________________________
MARY KAY VYSKOCIL
United States District Judge

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