K.B. et al v. International Business Machines Corp. et al

Filing 54

ORDER OF DISMISSAL: Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that all claims by K.B., by and through his parents and guardians, A.B. and S.B., brought against Defendants IBM Medical and Dental Benefits Plan for Regul ar Full-Time and Regular Part-Time Employees, International Business Machines ("IBM") Corp., IBM Office of the Plan Administrator, and E. Fleming and Unidentified Committee Members are dismissed with prejudice and witho ut cost. All claims by K.B., by and through his parents and guardians, A.B. and S.B., brought against the IBM Medical Benefits Trust are dismissed without prejudice. The claims of the putative class against all defendants are dismissed without prejudice. So Ordered (Signed by Judge Nelson Stephen Roman on 9/10/2021) (js)

Case 7:21-cv-01737-NSR Document 54 Filed 09/10/21 Page 1 of 3

Jodi F. Bouer
Kimberly Mack Rosenberg
BOUER LAW LLC
44 Church St.
White Plains, NY 10601
Tel. [phone]
[e-mail]
[e-mail]
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
K.B., by and through his parents and guardians,
A.B. and S.B., individually, on behalf of similarly
situated individuals,

Civil Action No. 7:21-cv-01737-NSR

Plaintiff,
v.
IBM MEDICAL AND DENTAL BENEFITS
PLAN FOR REGULAR FULL-TIME AND
REGULAR PART-TIME EMPLOYEES,
INTERNATIONAL BUSINESS MACHINES
(“IBM”) CORP., IBM OFFICE OF THE PLAN
ADMINISTRATOR, E. FLEMING AND
UNIDENTIFIED COMMITTEE MEMBERS,
IBM MEDICAL BENEFITS TRUST,
Defendants.

ORDER OF DISMISSAL
ECF CASE

9/10/2021

Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that all claims by
K.B., by and through his parents and guardians, A.B. and S.B., brought against Defendants IBM
Medical and Dental Benefits Plan for Regular Full-Time and Regular Part-Time Employees,
International Business Machines (“IBM”) Corp., IBM Office of the Plan Administrator, and
E. Fleming and Unidentified Committee Members are dismissed with prejudice and without cost.
All claims by K.B., by and through his parents and guardians, A.B. and S.B., brought against the

Case 7:21-cv-01737-NSR Document 54 Filed 09/10/21 Page 2 of 3

IBM Medical Benefits Trust are dismissed without prejudice. The claims of the putative class
against all defendants are dismissed without prejudice.
IT IS SO ORDERED
Dated :

September 10, 2021
White Plains, NY

The Honorable Nelson S. Roman
United States District Judge

BOUER LAW LLC
s/ Jodi F. Bouer
Jodi F. Bouer (JB 2063)
Email: [e-mail]
Kimberly Mack Rosenberg (KR 3325)
Email: [e-mail]
44 Church St.
White Plains, NY 10601
Tel. [phone]
and
55 Phillips Ave.
Lawrenceville, NJ 08648
Tel. [phone]
SIRIANNI YOUTZ
SPOONEMORE HAMBURGER PLLC
s/ Eleanor Hamburger
Eleanor Hamburger, Pro Hac Vice
Email: [e-mail]
3101 Western Avenue, Suite 350
Seattle, WA 98121
Tel. [phone]; Direct [phone]
Attorneys for Plaintiff

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Case 7:21-cv-01737-NSR Document 54 Filed 09/10/21 Page 3 of 3

JONES DAY
s/ Miguel Eaton
Miguel Eaton, Pro Hac Vice
Email: [e-mail]
51 Louisiana Ave., N.W.
Washington D.C. 2001
Tel. [phone]
Corey J. Russell, Pro Hac Vice
Email [e-mail]
77 West Wacker Drive
Chicago, IL 60601
Tel. [phone]
Amanda L. Dollinger
Email: [e-mail]
250 Vesey Street
New York, NY 10281
Tel. [phone]
Attorneys for Defendants IBM Medical and Dental Benefits Plan for Regular Full-Time and
Regular Part-Time Employees, International Business Machines (“IBM”) Corp. IBM Office
of the Plan Administrator, E. Fleming and Unidentified Committee Members.

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