In Re: Second Wave IBM Arbitration Agreement Litigation
- Jesse Furman
- 1:21-cv-09574
- U.S. District Court · Southern District of New York
- 1
In re Second Wave IBM Arbitration Agreement Litigation: Judge Furman ordered IBM to clarify whether its dismissal motion applies to Sharon Gilmore alone or all plaintiffs.
IBM, Sharon Gilmore, and the other plaintiffs in the cases consolidated under 21-CV-9574.
What happened
In re Second Wave IBM Arbitration Agreement Litigation concerns cases consolidated under one case number while retaining separate identities. IBM filed a motion to dismiss Sharon Gilmore’s amended complaint.
Because the consolidated cases remain separate, the court ordered IBM to state whether its motion applies only to Gilmore’s complaint or to all plaintiffs in the related cases.
Judge Jesse M. Furman required IBM to file that clarification by February 10, 2022. The order did not decide the motion to dismiss or the underlying claims.
The detailed version
- In Re: Second Wave IBM Arbitration Agreement Litigation · No. 1:21-cv-09574
- Jesse Furman
- Feb. 3, 2022
Background
The cases in this litigation were consolidated under case number 21-CV-9574, but each case retained its separate identity. On January 31, 2022, International Business Machines Corp. (IBM) filed a motion to dismiss Plaintiff Sharon Gilmore’s amended complaint.
Order
The court ordered IBM to file a letter by February 10, 2022, stating whether its motion to dismiss was directed only at Gilmore’s amended complaint or applied to all plaintiffs in the cases consolidated under 21-CV-9574.
Effect of the Order
This order addressed the scope of IBM’s motion and did not rule on whether the motion should be granted or denied. Judge Jesse M. Furman also did not decide the merits of the plaintiffs’ claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.