IN RE: IBM ARBITRATION AGREEMENT LITIGATION

Filing 59

ORDER. WHEREAS, the parties have conferred and agreed to the following procedure for addressing the pending motion to dismiss and motion for summary judgment in Abelar: 1. By entry of this Order, Plaintiff Abelar and IBM are deemed to have withdrawn their respective motion for summary judgment (Docket No. 12) and motion to dismiss (Docket No. 21) and the Clerk is directed to terminate those motions. 2. Plaintiff Abelar shall be deemed part of the group of plaintiffs whose claims are subject to Plaintiffs' pending motion for summary judgment and IBM's pending motion to dismiss in In Re: IBM Arbitration Agreement Litigation such that the Court's ruling(s) on such motions shall apply to Plaintiff Abelar. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/1/21) Filed In Associated Cases: 1:21-cv-06296-JMF, 1:21-cv-06307-JMF (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Case No. 1:21-cv-06296-JMF
IN RE:
IBM ARBITRATION AGREEMENT
LITIGATION

ECF Case
[PROPOSED] ORDER

WHEREAS, in Abelar v. Int’l Bus. Machines Corp., No. 1:21-cv-006307 (S.D.N.Y.)
(“Abelar”), on November 17, 2021, Plaintiff Abelar filed a motion for summary judgment
pursuant to Fed. R. Civ. P. 56;
WHEREAS, in Abelar, on November 18, 2021, Defendant International Business
Machines Corporation (“IBM”) moved to dismiss the complaint pursuant to Fed. R. Civ. P.
12(b)(6);
WHEREAS, on November 23, 2021, Abelar was reassigned to District Judge Jesse M.
Furman;
WHEREAS, on November 24, 2021, District Judge Furman entered an order
consolidating Abelar with In Re: IBM Arbitration Agreement Litigation, 1:21-cv-06296-JMF,
pursuant to Fed. R. Civ. P. 42(a)(2) and Hall v. Hall, 138 S.Ct. 1118 (2018) (“the consolidated
cases will ‘retain their separate identities’”);
WHEREAS, in the November 24, 2021 Order, District Judge Furman also directed the
parties to “confer and, if the parties agree, submit a joint letter and proposed order regarding how
to address the pending motion to dismiss and motion for summary judgment in [Abelar] going
forward”;
WHEREAS, the parties have conferred and agreed to the following procedure for
addressing the pending motion to dismiss and motion for summary judgment in Abelar:
1. By entry of this Order, Plaintiff Abelar and IBM are deemed to have withdrawn their
respective motion for summary judgment (Docket No. 12) and motion to dismiss (Docket
No. 21) and the Clerk is directed to terminate those motions.
2. Plaintiff Abelar shall be deemed part of the group of plaintiffs whose claims are subject
to Plaintiffs’ pending motion for summary judgment and IBM’s pending motion to
dismiss in In Re: IBM Arbitration Agreement Litigation such that the Court’s ruling(s) on
such motions shall apply to Plaintiff Abelar.

SO ORDERED .
December 1, 2021
Dated: ________________

____________________________

New York, New York

Hon. Jesse M. Furman
United States District Judge

Agreed:
s/ Shannon Liss-Riordan
Shannon Liss-Riordan
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
[phone]
Email: [e-mail]
Attorney for Plaintiff
Gregory Abelar

s/ Matthew W. Lampe
Matthew W. Lampe
JONES DAY
250 Vesey Street
New York, New York 10281
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Defendant
International Business Machines Corp.