Case: Syverson v. International Business Machines Corporation

5:03-cv-04529 | U.S. District Court for the Northern District of California

Filed Date: Oct. 7, 2003

Clearinghouse coding complete

Case Summary

On October 7, 2003, a group of former employees filed suit under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 and the Older Workers Benefit Protection Act ("OWBPA"), 29 U.S.C. § 626(f), against International Business Machines Corporation (IBM) in United States District Court of the Northern District of California. The plaintiffs, represented by private counsel, asked the Court for declaratory, injunctive and compensatory relief as well as double damages, alleging that IBM…

On October 7, 2003, a group of former employees filed suit under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 and the Older Workers Benefit Protection Act ("OWBPA"), 29 U.S.C. § 626(f), against International Business Machines Corporation (IBM) in United States District Court of the Northern District of California. The plaintiffs, represented by private counsel, asked the Court for declaratory, injunctive and compensatory relief as well as double damages, alleging that IBM discriminated against its older employees. Specifically, the plaintiffs contend that IBM held a pattern and practice of discrimination in both individual terminations and involuntary group terminations, known as Resource Actions. Syverson v. International Business Machines Corporation, 2904252 WL 1 (N.D.C.A. 2007).

Each of the named plaintiffs, with one exception, had signed a general termination covenant agreeing not to sue the company. These releases were considered binding, and were intended by IBM as a means to prevent this type of litigation. The plaintiffs claim these waivers had a disparate impact on them.

On February 12, 2004, IBM filed a counterclaim against the plaintiffs, seeking attorney's fees for all the proceedings under this litigation. IBM further demanded a jury trial for these proceedings. (Counterclaim, page 2).

On May 4, 2004, the Court (Judge Whyte) granted the defendant's motion to dismiss and denied the plaintiffs motion to dismiss the counterclaim. Syverson v. International Business Machines Corporation, 27844 U.S. Dist. LEXIS 1 (N.D.C.A. 2004). The plaintiffs appealed this decision. This Ninth Circuit accepted the case, but took an enormously long time to come to a decision.

On August 31, 2006, the United States Court of Appeals of the Ninth Circuit (Judge Berzon, Judge Callahan, Judge Rawlinson) reversed the District Court's decision, vacated the decision on the counterclaim and remanded the case back to the District. The Circuit Court ruled that under the OWBPA, employees may not waive their right to sue unless they do so "knowingly and voluntarily." The Court stated that IBM's waiver was not written in a clear and calculated manner, thus, the "knowingly" standard was not met, and plaintiffs case still had merit. Syverson v. International Business Machines Corporation, 461 F.3d 1149 (9th Circuit. 2006). The defendant appealed this decision by the Circuit Court, asking for a rehearing en banc.

On January 12, 2007, the United States Court of Appeals of the Ninth Circuit (Judge Berzon, Judge Callahan, Judge Rawlinson) denied the defendant's appeal. However, in this decision, with the consent of both parties, the Court modified its previous decision on the defendant's counterclaim. Syverson v. International Business Machines Corporation, 472 F.3d 1087 (9th Circuit. 2007).

On October 3, 2007, the District Court (Judge Whyte) granted the defendant's motion to dismiss certain claims. The Court dismissed the plaintiffs first claim under the OWBPA with prejudice and dismissed the plaintiffs disparate impact claim regarding individual terminations. Syverson v. International Business Machines Corporation, 2904252 WL 6 (N.D.C.A. 2007). The plaintiffs the moved to amend their complaint, and on November 6, 2007, filed their Third Amended Complaint. The parties then engaged in extensive discovery.

Pursuant to Federal Rule of Civil Procedure 41(a) (voluntary dismissal), the Court dismissed the case with prejudice on January 29, 2009. Each party was to bear his own costs in the litigation.

Summary Authors

Haley Waller (10/29/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5787578/parties/syverson-v-international-business-machines-corporation/


Judge(s)

Berzon, Marsha Siegel (California)

Berzon [DUPLICATE], Marsha Siegel (California)

Callahan, Consuelo Maria (California)

Rawlinson, Johnnie B. (Nevada)

Trumbull, Patricia V. (California)

Whyte, Ronald M. (California)

Attorneys(s) for Plaintiff

Baller, Morris J. (California)

Demchak, Teresa (California)

Jesinger, Robert E. (California)

McTeague, Patrick (Maine)

Judge(s)

Berzon, Marsha Siegel (California)

Berzon [DUPLICATE], Marsha Siegel (California)

Callahan, Consuelo Maria (California)

Rawlinson, Johnnie B. (Nevada)

Trumbull, Patricia V. (California)

Whyte, Ronald M. (California)

Attorneys(s) for Plaintiff

Baller, Morris J. (California)

Demchak, Teresa (California)

Jesinger, Robert E. (California)

McTeague, Patrick (Maine)

Mills, Heather Marie (California)

Platten, Christopher Eugene (California)

Young, Jeffrey Neil (Maine)

Attorneys(s) for Defendant

Agenbroad, Aaron L. (California)

Harper, Kerri N. (California)

Lovitt, Traci L. (New York)

Marshall, Alison B. (District of Columbia)

Nager, Glen David (District of Columbia)

Wohl, Jeffrey D. (California)

Documents in the Clearinghouse

Document

Docket

Nov. 5, 2009 Docket
28

Counterclaim

Feb. 12, 2004 Pleading / Motion / Brief
39

NOTICE OF MOTION AND MOTION TO DISMISS DEFENDANT’S COUNTERCLAIM; MEMORANDUM IN SUPPORT OF MOTION TO DISMISS

March 16, 2004 Pleading / Motion / Brief
42

PLAINTIFFS’ MEMORANDUM IN OPPOSITION TO DEFENDANT’S MOTION TO DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINT WITHOUT LEAVE TO AMEND

April 2, 2004 Pleading / Motion / Brief
46

OPPOSITION TO PLAINTIFFS’ MOTION TO DISMISS IBM’S COUNTERCLAIM

April 9, 2004 Pleading / Motion / Brief
52

Order dismissing plaintiff's motion and granting defendant's motion to dismiss

2004 U.S.Dist.LEXIS 27844

May 4, 2004 Order/Opinion
19

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO APPROVE NOTICE OF ACTION, TO CERTIFY CLASS FOR PURPOSES OF COUNT I OF THE AMENDED COMPLAINT, AND TO COMPEL IBM TO PROVIDE NAMES, ADDRESSES, & DATES OF BIRTH OF SIMILARLY SITUATED EMPLOYEES

Dec. 1, 2004 Pleading / Motion / Brief

Appeals Court decision reversing, vacating and remanding District Court's decision

U. S. Court of Appeals for the Ninth Circuit

461 F.3d 1147, 2006 U.S.App.LEXIS 22504

Aug. 31, 2006 Order/Opinion

Appeals Court reversing and remanding District Court's decision

U. S. Court of Appeals for the Ninth Circuit

472 F.3d 1072, 2007 U.S.App.LEXIS 17

Jan. 3, 2007 Order/Opinion
101

Order granting defendant's motion to dismiss

2007 WL 2904252

Oct. 3, 2007 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5787578/syverson-v-international-business-machines-corporation/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
82

STIPULATION AND ORDER Re: 81 Postponement of 3/9/07 Case Management Conference Pending Plaintiffs' Proposed Second Amended Complaint.Case Management Conference set for 5/4/2007 10:30 AM. Signed by Judge Ronald M. Whyte on 3/5/07. (jg, COURT STAFF) (Filed on 3/5/2007)

March 5, 2007 RECAP
1

COMPLAINT (summons issued); jury demand; against International Business Machines Corporation (Filing fee $150 receipt number 5508629). Filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (bw, COURT STAFF) Additional attachment(s) added on 10/16/2003 (bw, COURT STAFF). Additional attachment(s) added on 10/16/2003 (bw, COURT STAFF). Additional attachment(s) added on 10/16/2003 (bw, COURT STAFF). (Entered: 10/07/2003)

Oct. 7, 2003
101

ORDER by Judge Whyte granting 93 Defendant's Motion to Dismiss (rmwlc2, COURT STAFF) (Filed on 10/3/2007)

Oct. 3, 2007 RECAP
2

ADR SCHEDULING ORDER: Case Management Statement due by 2/3/2004. Case Management Conference set for 2/10/2004 at 02:00 PM. (Attachments: # 1 Standing Order)(bw, COURT STAFF) (Entered: 10/07/2003)

Oct. 7, 2003
106

STIPULATION AND ORDER granting enlargement of time re 104 Proposed Order filed by International Business Machines Corporation.Signed by Judge Ronald M. Whyte on 11/6/07. (cm, COURT STAFF) (Filed on 11/6/2007)

Nov. 6, 2007 RECAP

Summons Issued as to International Business Machines Corporation (bw, COURT STAFF) (Entered: 10/07/2003)

Oct. 7, 2003

CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Entered: 10/07/2003)

Oct. 7, 2003
118

ORDER Assigning Preparation of Discovery Plan to Magistrate Judge. Signed by Judge Ronald M. Whyte on 2/11/08. (jg, COURT STAFF) (Filed on 2/11/2008)

Feb. 11, 2008 RECAP
3

MOTION for Pro Hac Vice for Jeffrey Neil Young (Fee Paid, Receipt #5508711) filed by William Syverson. (bw, COURT STAFF) Additional attachment(s) added on 10/23/2003 (bw, COURT STAFF). (Entered: 10/22/2003)

Oct. 22, 2003
119

STIPULATED PROTECTIVE ORDER re 111 . Signed by Judge Patricia V. Trumbull on 3/11/08. (pvtlc1) (Filed on 3/12/2008)

March 12, 2008 RECAP
134

DISCOVERY PLAN ORDER for Initial Phase of Discovery re 120 and 133 . Signed by Judge Patricia V. Trumbull on 6/3/08. (pvtlc1) (Filed on 6/3/2008)

June 3, 2008 RECAP

Received Document re 3 Order Granting Application for Admission of Attorney Jeffrey Neil Young Pro Hac Vice by William Syverson. (bw, COURT STAFF) (Entered: 10/22/2003)

Oct. 22, 2003
136

STIPULATION AND ORDER 135 Re: Continuance of 11/21/08 Class Certification Motion Hearing: Motion Hearing set for 3/6/2009 09:00 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 3/26/08. (jg, COURT STAFF) (Filed on 6/26/2008)

June 26, 2008 RECAP
4

MOTION for Pro Hac Vice for Patrick N. McTeague (Fee Paid, Receipt # 5508711) filed by William Syverson. (bw, COURT STAFF) Additional attachment(s) added on 10/23/2003 (bw, COURT STAFF). (Entered: 10/22/2003)

Oct. 22, 2003

Received Document re 4 Order Granting Application for Admission of Attorney Patrick N. McTeague Pro Hac Vice by William Syverson. (bw, COURT STAFF) (Entered: 10/22/2003)

Oct. 22, 2003
157

STIPULATION AND ORDER re 146 Request for Order Shortening Time on Motion to Strike Expert Report. Signed by Judge Patricia V. Trumbull on 10/16/08. (pvtlc1) (Filed on 10/16/2008)

Oct. 16, 2008 RECAP
5

ORDER by Judge Patricia V. Trumbull granting 3 Motion for Pro Hac Vice for Jeffrey Neil Young. (bw, COURT STAFF) Additional attachment(s) added on 10/23/2003 (bw, COURT STAFF). (Entered: 10/23/2003)

Oct. 23, 2003
165

ORDER Vacating Hearing on Defendant's Motion to Strike Expert Report and Setting Deadline for Defendant to File Unredacted Copy of Moving Brief. Signed by Judge Patricia V. Trumbull on 11/3/08. (pvtlc1) (Filed on 11/3/2008)

Nov. 3, 2008 RECAP
6

ORDER by Judge Patricia V. Trumbull granting 4 Motion for Pro Hac Vice for Patrick N. McTeague (bw, COURT STAFF) Additional attachment(s) added on 10/23/2003 (bw, COURT STAFF). (Entered: 10/23/2003)

Oct. 23, 2003
170

ORDER by Judge Patricia V. Trumbull Denying 150 Defendant's Motion to Strike Expert Report. (pvtlc1) (Filed on 11/5/2008)

Nov. 5, 2008 RECAP
253

STIPULATION AND ORDER 180 Re: Enlargement of Time to Respond to Defendant's Motion for Summary Judgment on the Claims of Plaintiff Rolf Marsh. Signed by Judge Ronald M. Whyte on 12/24/08. (jg, COURT STAFF) (Filed on 12/24/2008)

Dec. 24, 2008 RECAP
7

Declaration of Jeffrey Neil Young Regarding Consent Forms filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Attachments: # 1 Exhibit Consent to Join)(Jesinger, Robert) (Entered: 10/31/2003)

Oct. 31, 2003
8

AMENDED COMPLAINT against International Business Machines Corporation. Filed by William Syverson. (Attachments: # 1 Exhibit Plaintiff's# 2 Exhibit Syverson Charge of discrimination# 3 Exhibit Rivera's charge# 4 Exhibit Marsh's charge# 5 Exhibit Cahill's charge# 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit EEOC determination# 11 Exhibit # 12 Exhibit Release# 13 Exhibit Later release)(Jesinger, Robert) (Filed on 12/19/2003) (Entered: 12/19/2003)

Dec. 19, 2003
292

ORDER 291 of Dismissal With Prejudice. Signed by Judge Ronald M. Whyte on 1/29/09. (jg, COURT STAFF) (Filed on 1/29/2009)

Jan. 29, 2009 RECAP

Summons Issued as to International Business Machines Corporation on First Amended Complaint. (bw, COURT STAFF) (Filed on 12/23/04) (Entered: 12/29/2003)

Dec. 23, 2003
10

STIPULATION Re: Response to Complaint by International Business Machines Corporation. (Wohl, Jeffrey) (Filed on 1/7/2004) (Entered: 01/07/2004)

Jan. 7, 2004
11

Declination to Proceed Before a U.S. Magistrate Judge by International Business Machines Corporation. (Wohl, Jeffrey) (Filed on 1/7/2004) (Entered: 01/07/2004)

Jan. 7, 2004
12

CLERK'S NOTICE of impending reassignment. Case Management Conference set for 2/13/2004 10:30 AM before Honoralbe Ronald M. Whyte. Case Management Statement due by 2/2/2004. (cm, ) (Filed on 1/8/2004) (Entered: 01/08/2004)

Jan. 8, 2004
13

ORDER REASSIGNING CASE. Case reassigned to Judge Ronald M. Whyte for all further proceedings. Judge Patricia V Trumbull remains as the referral judge. Signed by Executive Committee on January 8, 2004. (bw, COURT STAFF) (Filed on 1/8/2004) (Entered: 01/08/2004)

Jan. 8, 2004
14

SUMMONS Returned Executed by William Syverson, Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, International Business Machines Corporation. International Business Machines Corporation served on 12/24/2003, answer due 1/13/2004. (bw, COURT STAFF) (Filed on 1/13/2004) (Entered: 01/13/2004)

Jan. 13, 2004
15

STIPULATION Re: Postponement of Case Management Activities, Suspension of Briefing and Hearing on Parties' Motions, and Convening of Rule 16 Conference; [Proposed] Order Re: Same by International Business Machines Corporation. (Wohl, Jeffrey) (Filed on 1/16/2004) (Entered: 01/16/2004)

Jan. 16, 2004
16

STIPULATION AND ORDER Re: Postponement of Case Management Activities, Suspension of Briefing and Hearing on Parties' Motions, and Convening of Rule 16 Conference. Case Management Conference is set for 3/5/04 @ 10:30 am. Signed by Judge Ronald M. Whyte on 1/30/04. (jg, Court Staff) (Filed on 1/30/2004) (Entered: 01/30/2004)

Jan. 30, 2004
17

MOTION to Certify Class for purposes of Count I of the Amended Complaint and to Compel IBM to provide names, addresses, and dates of birth of similarly situated employees and for leave of court to file a second amended Complaint filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. Motion Hearing set for 3/5/2004 10:30 AM. (Young, Jeffrey) (Filed on 2/12/2004) (Entered: 02/12/2004)

Feb. 12, 2004
18

*** FILED IN ERROR. PLEASE SEE DOCKET # 35 *** MOTION to Amend/Correct the First Amended Complaint to file a Second Amended Complaint and Proposed Order Re: Same filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. Motion Hearing set for 3/5/2004 10:30 AM. (Young, Jeffrey) (Filed on 2/12/2004) Modified on 2/13/2004 (br, COURT STAFF). (Entered: 02/12/2004)

Feb. 12, 2004
19

MEMORANDUM in Support of Motion to Approve Notice of Action, to Certify Class for Purposes of Count I of the Amended Complaint, and to Compel IBM to Provide Names, Addresses, and Dates of Birth of Similarly Situated Employees filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Young, Jeffrey) (Filed on 2/12/2004) (Entered: 02/12/2004)

Feb. 12, 2004
21

Declaration of Ruth Alice Boyd filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Attachments: # 1 Exhibit Ex. 1−3 Release and EEOC documents)(Young, Jeffrey) (Filed on 2/12/2004) (Entered: 02/12/2004)

Feb. 12, 2004
22

Declaration of Dale Cahill filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Attachments: # 1 Exhibit Ex. 1−2: Release and EEOC docs)(Young, Jeffrey) (Filed on 2/12/2004) (Entered: 02/12/2004)

Feb. 12, 2004
23

Declaration of James Leas filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Attachments: # 1 Exhibit Ex. 1−3: spreadsheet, Release, news article)(Young, Jeffrey) (Filed on 2/12/2004) (Entered: 02/12/2004)

Feb. 12, 2004
24

Declaration of Rolf Marsh filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Attachments: # 1 Exhibit Ex. 1−2: Release, EEOC docs)(Young, Jeffrey) (Filed on 2/12/2004) (Entered: 02/12/2004)

Feb. 12, 2004
25

Declaration of David Mazgaj filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Attachments: # 1 Exhibit Ex. 1: Release)(Young, Jeffrey) (Filed on 2/12/2004) (Entered: 02/12/2004)

Feb. 12, 2004
26

Declaration of Daniel Moczan filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Attachments: # 1 Exhibit Ex. 1−2: EEOC docs)(Young, Jeffrey) (Filed on 2/12/2004) (Entered: 02/12/2004)

Feb. 12, 2004
27

Declaration of Antonio Rivera filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Attachments: # 1 Exhibit Ex. 1−3: Release, EEOC docs)(Young, Jeffrey) (Filed on 2/12/2004) (Entered: 02/12/2004)

Feb. 12, 2004
28

COUNTERCLAIM against Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. Filed by International Business Machines Corporation. (Wohl, Jeffrey) (Filed on 2/12/2004) (Entered: 02/12/2004)

Feb. 12, 2004
29

Declaration of James Payne filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Attachments: # 1 Exhibit Ex. 1−4: Release, EEOC docs)(Young, Jeffrey) (Filed on 2/12/2004) (Entered: 02/12/2004)

Feb. 12, 2004
30

Declaration of William Syverson filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Attachments: # 1 Exhibit Ex. 1: IBM 2002 Annual report (portion)# 2 Exhibit Ex. 2−3: news article, release)(Young, Jeffrey) (Filed on 2/12/2004) (Entered: 02/12/2004)

Feb. 12, 2004
31

MOTION to Dismiss Notice of Motion and Motion to Dismiss Without Leave to Amend Plaintiffs' First Amended Complaint; Memoradnum in Support of Motion to Dismiss filed by International Business Machines Corporation. (Wohl, Jeffrey)

Feb. 12, 2004
33

Declaration of Jeffrey Neil Young filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Attachments: # 1 Exhibit Ex. 1−3: Releases# 2 Exhibit Ex. 4−6: Releases# 3 Exhibit Ex. 7−9: Releases# 4 Exhibit Ex. 10−12: Releases# 5 Exhibit Ex. 13−15: Releases# 6 Exhibit Ex. 16: Thomforde v. IBM − Dft Memo opposing Plt M−Compel# 7 Exhibit Ex. 17−19: Charges of Discrimination# 8 Exhibit Ex. 20−21: Order in Mooney v. IBM; Order in Thomforde v. IBM# 9 Exhibit Ex. 22: Notice of Pendency of Age Discr Lawsuit−Deferral state# 10 Exhibit Ex. 23: Notice of Pendency of Age Discr Lawsuit−non−deferral state# 11 Exhibit Ex. 24: Consent to Join Class Action)(Young, Jeffrey) (Filed on 2/12/2004) (Entered: 02/12/2004)

Feb. 12, 2004
34

AFFIDAVIT Second Amended Declaration of Jeffrey Neil Young Regarding Consent Forms by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Young, Jeffrey) (Filed on 2/12/2004) (Entered: 02/12/2004)

Feb. 12, 2004
35

MOTION to Amend/Correct the First Amended Complaint to file a Second Amended Complaint and a Proposed Order Re: Same filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. Motion Hearing set for 3/5/2004 10:30 AM. (Attachments: # 1 Exhibit Ex. 1: Proposed Second Amended Complaint)(Young, Jeffrey) (Filed on 2/12/2004) (Entered: 02/12/2004)

Feb. 12, 2004
36

CASE MANAGEMENT STATEMENT Plaintiffs' Rule 16 Conference Statement filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Young, Jeffrey) (Filed on 2/27/2004) (Entered: 02/27/2004)

Feb. 27, 2004
37

CASE MANAGEMENT STATEMENT Defendant and Counter−Claimant International Business Machines Corporation's Rule 16 Conference Statement filed by International Business Machines Corporation. (Wohl, Jeffrey) (Filed on 2/27/2004) (Entered: 02/27/2004)

Feb. 27, 2004
38

Minute Entry: Initial Case Management Conference held on 3/5/2004 before Ronald M. Whyte (Date Filed: 3/5/2004), Motions terminated: 17 MOTION to Certify Class for purposes of Count I of the Amended Complaint and to Compel IBM to provide names, addresses, and dates of birth of similarly situated employees and for leave of court to file a second amended Complaint filed by William Syverson, Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, 18 MOTION to Amend/Correct the First Amended Complaint to file a Second Amended Complaint and Proposed Order Re: Same filed by William Syverson, Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, 35 MOTION to Amend/Correct the First Amended Complaint to file a Second Amended Complaint and a Proposed Order Re: Same filed by William Syverson, Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera. Case Management Conference set for 4/30/2004 10:30 AM. Hearing on Defendant's Motion to Dismiss is set for 4/30/2004 09:00 AM. (Court Reporter Not Reported.) (jg, Court Staff) (Date Filed: 3/5/2004) (Entered: 03/05/2004)

March 5, 2004
39

MOTION to Dismiss Defendant's Counterclaim; Memorandum in Support of Motion to Dismiss filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. Motion Hearing set for 4/30/2004 10:00 AM. (Young, Jeffrey) (Filed on 3/16/2004) (Entered: 03/16/2004)

March 16, 2004
41

Declaration of William Syverson in Support of 39 Motion to Dismiss Defendant's Counterclaim filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Attachments: # 1 Exhibit 1: Calculations of lost benefits)(Related document(s) 39 ) (Young, Jeffrey) (Filed on 3/16/2004) (Entered: 03/16/2004)

March 16, 2004
42

Memorandum in Opposition to Defendant's Motion to Dismiss Plaintiffs' First Amended Complaint Without Leave to Amend filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Young, Jeffrey) (Filed on 4/2/2004) (Entered: 04/02/2004)

April 2, 2004
43

DECLARATION of Jeffrey Neil Young filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Attachments: # 1 Exhibit #1: IBM General Release and Covenant Not to Sue# 2 Exhibit #2: Form F−1, Sec. 2(a), Lindemann &Kadue, "Age Discrimination in Employment Law" 1417 (2003)# 3 Exhibit #3: Letter from Attorney William J. Egan dated 03/11/2004)(Young, Jeffrey) (Filed on 4/2/2004) (Entered: 04/02/2004)

April 2, 2004
44

*** FILED IN ERROR. PLEASE SEE DOCKET # 46 *** MOTION to Dismiss Opposition to Plaintiffs' Motion to Dismiss IBM's Counterclaim filed by International Business Machines Corporation. Motion Hearing set for 4/30/2004 09:00 AM. (Wohl, Jeffrey) (Filed on 4/9/2004) Modified on 4/9/2004 (br, COURT STAFF). (Entered: 04/09/2004)

April 9, 2004
45

DECLARATION of Marianne E. DeFazio in Opposition to 44 Plaintiffs' Motion to Dismiss IBM's Counterclaim filed by International Business Machines Corporation. (Attachments: # 1 Exhibit A − Portion of the Summary Plan Description of Benefits Plan for Retired Employees# 2 Exhibit B − Summary Plan Description of Future Health Account)(Related document(s) 44 ) (Wohl, Jeffrey) (Filed on 4/9/2004) (Entered: 04/09/2004)

April 9, 2004
46

Memorandum in Opposition Opposition to Plaintiffs' Motion to Dismiss IBM's Counterclaim − CORRECTION OF DOCKET # 44 filed by International Business Machines Corporation. (Wohl, Jeffrey) (Filed on 4/9/2004) (Entered: 04/09/2004)

April 9, 2004
47

Proposed Order Denying Plaintiffs' Motion to Dismiss IBM's Counterclaim by International Business Machines Corporation. (Wohl, Jeffrey) (Filed on 4/9/2004) (Entered: 04/09/2004)

April 9, 2004
48

Reply Memorandum in Support of Plaintiffs' Motion to Dismiss IBM's Counterclaim filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Young, Jeffrey) (Filed on 4/16/2004) (Entered: 04/16/2004)

April 16, 2004
49

CASE MANAGEMENT STATEMENT Defendant's Updated Rule 16 Conference Statement filed by International Business Machines Corporation. (Wohl, Jeffrey) (Filed on 4/16/2004) (Entered: 04/16/2004)

April 16, 2004
50

Reply Memorandum in Support of Motion to Dismiss Plaintiffs' First Amended Complaint Without Leave to Amend filed by International Business Machines Corporation. (Attachments: # 1 Exhibit A−−Thomforde v. International Business Machines Corporation)(Wohl, Jeffrey) (Filed on 4/16/2004) (Entered: 04/16/2004)

April 16, 2004
51

AMENDED DOCUMENT by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. Plaintiffs UPDATED Rule 16 Conference Statement . (Jesinger, Robert) (Filed on 4/22/2004) (Entered: 04/22/2004)

April 22, 2004
53

ANSWER to Counterclaim by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Young, Jeffrey) (Filed on 5/12/2004) (Entered: 05/12/2004)

May 12, 2004
54

NOTICE OF APPEAL by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. Filing fee $ 255. Appeal Record due by 7/1/2004. (Jesinger, Robert) (Filed on 6/1/2004) (Entered: 06/01/2004)

June 1, 2004
55

TRANSCRIPT DESIGNATION and Ordering Form by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Jesinger, Robert) (Filed on 6/1/2004) (Entered: 06/01/2004)

June 1, 2004
56

CERTIFICATE OF SERVICE by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson (Jesinger, Robert) (Filed on 6/1/2004) (Entered: 06/01/2004)

June 1, 2004
57

EXHIBITS to Notice of Appeal −− Representation Statement filed by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Jesinger, Robert) (Filed on 6/1/2004) (Entered: 06/01/2004)

June 1, 2004

Mailed request for payment of docket fee to appellant (cc to USCA) (dhm, COURT STAFF) (Filed on 6/2/2004) (Entered: 06/02/2004)

June 2, 2004

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 54 Notice of Appeal, (dhm, COURT STAFF) (Filed on 6/2/2004) (Entered: 06/02/2004)

June 2, 2004

USCA Appeal Fees received $ 255 receipt number 5510174 re 54 Notice of Appeal, filed by William Syverson, Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera (dhm, COURT STAFF) (Filed on 6/2/2004) (Entered: 06/03/2004)

June 2, 2004

Certificate of Record Mailed to USCA re appeal 54 : No Transcripts Designated (dhm, COURT STAFF) (Filed on 6/4/2004) (Entered: 06/04/2004)

June 4, 2004
58

Letter from Jeffrey D. Wohl to Hon. Ronald M. Whyte re Parties' Stipulation &Order re Jdgmnt on IBM's Counterclaim / Proposed Jdgmnt. (Wohl, Jeffrey) (Filed on 6/16/2004) (Entered: 06/16/2004)

June 16, 2004
59

STIPULATION Stipulation and Order re: Judgment on IBM's Counterclaim by International Business Machines Corporation. (Wohl, Jeffrey) (Filed on 6/16/2004) (Entered: 06/16/2004)

June 16, 2004
60

Proposed Order re: Judgment on IBM's Counterclaim by International Business Machines Corporation. (Wohl, Jeffrey) (Filed on 6/16/2004) (Entered: 06/16/2004)

June 16, 2004
61

Proposed Order re 58 , 59 , 60 Proposed Judgment re Stipulation and Order re IBM's Counterclaim by International Business Machines Corporation. (Wohl, Jeffrey) (Filed on 6/16/2004) (Entered: 06/16/2004)

June 16, 2004
62

ORDER: Judgment will be entered in accordance with the parties stipulation. Signed by Judge Ronald M. Whyte on 6/17/2004. (dhm, COURT STAFF) (Filed on 6/17/2004) (Entered: 06/17/2004)

June 17, 2004
63

JUDGMENT: The First Amended Complaint is dismissed without leave to amend. Judgment is entered in favor of IBM on counterclaim, awarding to IBM $27,500.00 for which plaintiffs are jointly and severally liable. ***Civil Case Terminated. Signed by Judge Ronald M. Whyte on 6/17/2004. (dhm, COURT

June 17, 2004
64

TRANSCRIPT filed for dates of 4/30/04 before Judge Ronald M. Whyte, re 54 Notice of Appeal, Court Reporter: Lee−Anne Shortridge. (cv, COURT STAFF) (Filed on 7/14/2004) (Entered: 07/15/2004)

July 14, 2004
65

NOTICE OF APPEAL by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. Filing fee $ 255 paid, receipt # 5510456. Appeal Record due by 8/16/2004. (Jesinger, Robert) (Filed on 7/16/2004) Modified on 7/19/2004 to indicate that fee was paid (dhm, COURT STAFF). (Entered: 07/16/2004)

July 16, 2004
66

ASSOCIATION of Counsel REPRESENTATION STATEMENT by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. (Jesinger, Robert) (Filed on 7/16/2004) (Entered: 07/16/2004)

July 16, 2004
67

TRANSCRIPT DESIGNATION by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson. **NO TRANSCRIPTS DESIGNATED**(Jesinger, Robert) (Filed on 7/16/2004) Modified on 7/19/2004 to indicate no transcripts designated. (dhm, COURT STAFF). (Entered: 07/16/2004)

July 16, 2004
68

CERTIFICATE OF SERVICE by Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera, William Syverson (Jesinger, Robert) (Filed on 7/16/2004) (Entered: 07/16/2004)

July 16, 2004

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 65 Notice of Appeal, (dhm, COURT STAFF) (Filed on 7/19/2004) (Entered: 07/19/2004)

July 19, 2004

Certificate of Record Mailed to USCA re appeal 65 : No Transcripts Designated (dhm, COURT STAFF) (Filed on 7/19/2004) (Entered: 07/19/2004)

July 19, 2004
69

NOTICE by International Business Machines Corporation Notice of Designation of Entire Transcript on Appeal (Harper, Kerri) (Filed on 7/22/2004) (Entered: 07/22/2004)

July 22, 2004
70

ORDER of USCA: This appeal is dismissed for failure to prosecute as to 54 Notice of Appeal, filed by William Syverson, Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera (USCA # 04−16218) (dhm, COURT STAFF) (Filed on 7/29/2004) (Entered: 07/29/2004)

July 29, 2004
71

CLERKS Letter Spreading Mandate to Counsel (dhm, COURT STAFF) (Filed on 7/30/2004) (Entered: 07/30/2004)

July 30, 2004

USCA Case Number 04−16449 for 65 Notice of Appeal, filed by William Syverson, Ruth Alice Boyd, Dale Cahill, Jack Friedman, Paul Gromkowski, Sylvia Jones, Ralph Marsh, Walter Maslak, James Payne, Antonio Rivera. (dhm, COURT STAFF) (Filed on 8/5/2004) (Entered: 08/05/2004)

Aug. 5, 2004

Certified and Transmitted Record on Appeal to US Court of Appeals re 65 Notice of Appeal, (dhm, COURT STAFF) (Filed on 3/20/2006) (Entered: 03/20/2006)

March 20, 2006
72

USCA JUDGMENT as to 65 Notice of Appeal filed by William Syverson,, Ruth Alice Boyd,, Dale Cahill,, Jack Friedman,, Paul Gromkowski,, Sylvia Jones,, Ralph Marsh,, Walter Maslak,, James Payne,, Antonio Rivera. The judgment of the District Court in this cause is hereby reversed and remanded. Costs taxed. USCA # 04−16449 (dhm, COURT STAFF) (Filed on 1/12/2007) (Entered: 01/16/2007)

Jan. 12, 2007
73

CLERKS Letter Spreading Mandate to Counsel (Attachments: # 1 USCA Judgment)(dhm, COURT STAFF) (Filed on 1/16/2007) (Entered: 01/16/2007)

Jan. 16, 2007
74

STIPULATION Re: Suspension of Deadlines and Litigation Activity Pending Scheduling of Status Conference by International Business Machines Corporation, International Business Machines Corporation. (Wohl, Jeffrey) (Filed on 1/26/2007) (Entered: 01/26/2007)

Jan. 26, 2007
75

CLERK'S NOTICE OF SETTING CASE MANAGEMENT CONFERENCE: Case Management Conference set for 3/9/2007 10:30 AM. Joint Case Management Statement due by 3/2/2007. (jg, COURT STAFF) (Filed on 2/13/2007) (Entered: 02/13/2007)

Feb. 13, 2007
76

ASSOCIATION of Counsel Notice of Association of Counsel for Defendant International Business Machines Corporation by International Business Machines Corporation. (Wohl, Jeffrey) (Filed on 2/26/2007) (Entered: 02/26/2007)

Feb. 26, 2007
77

MOTION for leave to appear in Pro Hac Vice filed by International Business Machines Corporation. (Wohl, Jeffrey) (Filed on 2/27/2007) (Entered: 02/27/2007)

Feb. 27, 2007
78

Proposed Order re 77 MOTION for leave to appear in Pro Hac Vice [Proposed] Order Granting Application for Admission of Alison B. Marshall Pro Hac Vice by International Business Machines Corporation. (Wohl, Jeffrey) (Filed on 2/27/2007) (Entered: 02/27/2007)

Feb. 27, 2007
79

MOTION for leave to appear in Pro Hac Vice Application for Admission of Glen D. Nager Pro Hac Vice filed by International Business Machines Corporation. (Wohl, Jeffrey) (Filed on 2/27/2007) (Entered: 02/27/2007)

Feb. 27, 2007
80

Proposed Order re 79 MOTION for leave to appear in Pro Hac Vice Application for Admission of Glen D. Nager Pro Hac Vice by International Business Machines Corporation. (Wohl, Jeffrey) (Filed on 2/27/2007) (Entered: 02/27/2007)

Feb. 27, 2007

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Oct. 7, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

older former employees of IBM

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

International Business Machines Corporation (Armonk), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Pattern or Practice

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination

Race:

Race, unspecified

Affected Gender:

Female

Male