In Re: Second Wave IBM Arbitration Agreement Litigation

Filing 28

ORDER: In light of the foregoing, it is hereby ORDERED that IBM shall, no later than February 10, 2022, file a letter indicating whether its motion to dismiss is directed solely at Plaintiff Sharon Gilmore's Amended Complaint or applies to all Second Wave plaintiffs that is, the plaintiffs in the cases consolidated under 21-CV-9574. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/3/2022) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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IN RE:
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SECOND WAVE IBM ARBITRATION AGREEMENT :
LITIGATION
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21-CV-9574 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
On January 31, 2022, Defendant International Business Machines Corp. (“IBM”) filed a
motion to dismiss Plaintiff Sharon Gilmore’s Amended Complaint. See ECF Nos. 25-26. As the
parties are aware, however, the cases consolidated under case number 21-CV-9574 each “retain
their separate identities.” ECF No. 5 (quoting Hall v. Hall, 138 S. Ct. 1118, 1128-31 (2018)).
In light of the foregoing, it is hereby ORDERED that IBM shall, no later than February
10, 2022, file a letter indicating whether its motion to dismiss is directed solely at Plaintiff
Sharon Gilmore’s Amended Complaint or applies to all Second Wave plaintiffs — that is, the
plaintiffs in the cases consolidated under 21-CV-9574.
SO ORDERED.
Dated: February 3, 2022
New York, New York

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JESSE M. FURMAN
United States District Judge