Opinion
1:21-cv-06296-JMF
12-01-2021
IN RE: IBM ARBITRATION AGREEMENT LITIGATION
Shannon Liss-Riordan LICHTEN & LISS-RIORDAN, P.C. Attorney for Plaintiff Gregory Abelar Matthew W. Lampe JONES DAY Attorney for Defendant International Business Machines Corp.
Shannon Liss-Riordan LICHTEN & LISS-RIORDAN, P.C. Attorney for Plaintiff Gregory Abelar
Matthew W. Lampe JONES DAY Attorney for Defendant International Business Machines Corp.
[PROPOSED] ORDER
Hon. Jesse M. Furman United States District Judge
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 By entry of this Order, Plaintiff Abelar and IBM are deemed to have withdrawn their respective motion for summary judgment (Docket No. 12) and motion to dismiss (Docket No. 21) and the Clerk is directed to terminate those motions.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 .