New York Southern District Court
Judge:Vincent L Briccetti
Case #: 7:23-cv-00332
Nature of Suit850 Other Statutes - Securities/Commodities/Exchange
Cause15:78m(a) Securities Exchange Act
Case Filed:Jan 13, 2023
Terminated:Jun 06, 2023
Last checked: Thursday Jul 13, 2023 5:18 AM EDT
Defendant
Mark Andrews
Defendant
Sarah Diamond
Defendant
Mark Foster
Defendant
Don India
Defendant
International Business Machines Corporation
Represented By
Lorin L. Reisner
Paul Weiss (ny)
contact info
Richard Craig Tarlowe
Paul, Weiss, Rifkind, Wharton & Garrison Llp (nyc)
contact info
Daniel Jonathan Kramer
Paul Weiss (ny)
contact info
Defendant
Chris Johnston
Defendant
James J. Kavanaugh
Defendant
Arvind Krishna
Defendant
Shanker Ramamurthy
Defendant
Alistair Rennie
Defendant
Virginia M. Rometty
Defendant
Martin J. Schroeter
Defendant
Pablo Suarez
Defendant
Bridgette Van Kralingen
Lead Plaintiff
June E. Adams Irrevocable Trust Dated 7/21/14 FBO Edward Robert Adams
Represented By
Leah Heifetz
The Rosen Law Firm, P.A.
contact info
James Michael Evangelista
Evangelista Worley LLC
contact info
Jacob Alexander Goldberg
The Rosen Law Firm, P.A.
contact info


Docket last updated: 04/26/2024 11:59 PM EDT
Monday, June 05, 2023
19 19 notice Notice of Voluntary Dismissal Mon 06/05 4:35 PM
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Mark Andrews, Sarah Diamond, Mark Foster, Don India, International Business Machines Corporation, Chris Johnston, James J. Kavanaugh, Arvind Krishna, Shanker Ramamurthy, Alistair Rennie, Virginia M. Rometty, Martin J. Schroeter, Pablo Suarez, Bridgette Van Kralingen. Document filed by June E. Adams Irrevocable Trust Dated 7/21/14 FBO Edward Robert Adams. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Goldberg, Jacob)
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Tuesday, May 09, 2023
18 18 misc Letter Tue 05/09 2:43 PM
JOINT LETTER addressed to Judge Vincent L. Briccetti from Lorin L. Reisner dated May 9, 2023 re: Status Update. Document filed by International Business Machines Corporation. Related [+]
Related: [-] isner, Lorin
Wednesday, April 05, 2023
17 17 notice Notice of Appearance Wed 04/05 4:46 PM
NOTICE OF APPEARANCE by Leah Heifetz on behalf of June E. Adams Irrevocable Trust Dated 7/21/14 FBO Edward Robert Adams..(Heifetz, Leah)
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Tuesday, April 04, 2023
16 16 2 pgs order Order on Motion to Appoint Lead Plaintiff(s) Order on Motion to Appoint Counsel Tue 04/04 5:25 PM
ORDER APPOINTING LEAD PLAINTIFF, AND APPROVING LEAD PLAINTIFF'S SELECTION OF COUNSEL granting12 Motion to Appoint ; granting12 Motion to Appoint Counsel. IT IS HEREBY ORDERED THAT: APPOINTMENT OF LEAD PLAINTIFF AND LEAD COUNSEL. 1. Pursuant to Section 21D(a)(3)(B) of the Exchange Act, Movant is appointed as Lead Plaintiff for the class as Movant has the largest financial interest in this litigation and otherwise satisfies the requirements of Fed. R. Civ. P. 23. 2. Movant's choice of counsel is approved and accordingly, The Rosen Law Firm, P.A. and Evangelista Worley LLC are appointed as Co-Lead Counsel. 3. Co-Lead Counsel, after being appointed by the Court, shall manage the prosecution of this litigation. Co-Lead Counsel is to avoid duplicative or unproductive activities and is hereby vested by the Court with the responsibilities that include, without limitation, the following: (1) to prepare all pleadings; (2) to direct and coordinate the briefing and arguing of motions in accordance with the schedules set by the orders and rules of this Court; (3) to initiate and direct discovery; (4) to prepare the case for trial; and (5) to engage in settlement negotiations on behalf of Lead Plaintiff and the Class. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 4/4/2023) (tg)
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Thursday, March 30, 2023
15 15 notice Notice (Other) Thu 03/30 4:56 PM
NOTICE of Notice of Non-Opposition re:13 Memorandum of Law in Support of Motion,12 MOTION to Appoint June E. Adams Irrevocable Trust Dated 7/21/14 FBO Edward Adams to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by June E. Adams Irrevocable Trust Dated 7/21/14 FBO Edward Robert Adams..(Goldberg, Jacob)
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Monday, March 20, 2023
14 14 notice Notice of Appearance Mon 03/20 11:49 AM
NOTICE OF APPEARANCE by James Michael Evangelista on behalf of June E. Adams Irrevocable Trust Dated 7/21/14 FBO Edward Robert Adams..(Evangelista, James)
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Tuesday, March 14, 2023
13 13 9 pgs respm Memorandum of Law in Support of Motion Tue 03/14 10:34 PM
MEMORANDUM OF LAW in Support re:12 MOTION to Appoint June E. Adams Irrevocable Trust Dated 7/21/14 FBO Edward Adams to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by June E. Adams Irrevocable Trust Dated 7/21/14 FBO Edward Robert Adams..(Goldberg, Jacob)
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Att: 1 Exhibit 1,
Att: 2 Exhibit 2,
Att: 3 Exhibit 3,
Att: 4 Exhibit 4,
Att: 5 Exhibit 5
12 12 motion Appoint Lead Plaintiff(s) Appoint Counsel Tue 03/14 10:32 PM
MOTION to Appoint June E. Adams Irrevocable Trust Dated 7/21/14 FBO Edward Adams to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by June E. Adams Irrevocable Trust Dated 7/21/14 FBO Edward Robert Adams..(Goldberg, Jacob)
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Att: 1 Text of Proposed Order to Appoint Lead Plaintiff and Counsel
Thursday, March 09, 2023
11 11 4 pgs order Stipulation and Order Thu 03/09 1:11 PM
STIPULATION AND ORDER CONFIRMING SERVICE OF PROCESS AND EXTENDING TIME TO RESPOND TO COMPLAINT: WHEREFORE, the parties jointly request that the Court enter an order that: 1. Undersigned counsel for Defendants are authorized to accept, and hereby do accept, service of the summons and Complaint in this matter on behalf of Defendants, to the extent not already served, without prejudice and without waiver of any of Defendants' defenses, objections, or arguments, except as to sufficiency of service of process; 2. Defendants are not required to answer, move against, or otherwise respond to Plaintiffs' initial Complaint unless it is designated as the operative complaint by the Court-appointed lead plaintiff under the schedule below; 3. The Court-appointed lead plaintiff shall have sixty (60) days after appointment to file an amended or consolidated complaint or, alternatively, to designate the initial Complaint as the operative complaint; 4. Defendants shall answer, move against, or otherwise respond to the operative complaint within sixty (60) days after the Court-appointed lead plaintiff (a) files an amended or consolidated complaint, or (b) designates the initial Complaint as the operative complaint herein; 5. The Court-appointed lead plaintiff shall have sixty (60) days to oppose any motions Defendants may file to dismiss the operative complaint; and 6. Defendants' replies shall be due thirty (30) days after the filing of the Court-appointed lead plaintiffs opposition papers. By no later than 5/9/2023, counsel shall submit a joint letter regarding the status of case. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/9/2023) (ks)
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Wednesday, March 08, 2023
10 10 misc Proposed Stipulation and Order Wed 03/08 6:16 PM
PROPOSED STIPULATION AND ORDER. Document filed by International Business Machines Corporation. Related [+]
Related: [-] isner, Lorin
9 9 misc Letter Wed 03/08 6:14 PM
LETTER addressed to Judge Vincent L. Briccetti from Lorin L. Reisner dated March 8, 2023 re: Stipulation and [Proposed] Order. Document filed by International Business Machines Corporation. Related [+]
Related: [-] isner, Lorin
8 8 misc Rule 7.1 Corporate Disclosure Statement Wed 03/08 4:36 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by International Business Machines Corporation. Related [+]
Related: [-] isner, Lorin
7 7 notice Notice of Appearance Wed 03/08 4:35 PM
NOTICE OF APPEARANCE by Richard Craig Tarlowe on behalf of International Business Machines Corporation..(Tarlowe, Richard)
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6 6 notice Notice of Appearance Wed 03/08 4:33 PM
NOTICE OF APPEARANCE by Lorin L. Reisner on behalf of International Business Machines Corporation. Related [+]
Related: [-] isner, Lorin
5 5 notice Notice of Appearance Wed 03/08 4:31 PM
NOTICE OF APPEARANCE by Daniel Jonathan Kramer on behalf of International Business Machines Corporation..(Kramer, Daniel)
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Friday, January 27, 2023
utility Case Declined as Not Related Fri 01/27 2:12 PM
CASE DECLINED AS NOT RELATED. Case referred as related to 21-cv-2485 and declined by Judge Vincent L. Briccetti and returned to wheel for assignment. (vba)
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utility Case Accepted as Similar Fri 01/27 2:13 PM
CASE ACCEPTED AS SIMILAR. Create association to 7:22-cv-02381-VB. Notice of Assignment to follow. (vba)
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notice Notice of Case Assignment/Reassignment Fri 01/27 2:15 PM
NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (vba)
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utility Case Designation Fri 01/27 2:16 PM
Magistrate Judge Andrew E. Krause is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vba)
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utility Case Accepted as Similar Fri 03/31 10:40 AM
CASE ACCEPTED AS SIMILAR. Create association to 7:22-cv-02831-VB. Notice of Assignment to follow. (vba)
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Monday, January 23, 2023
4 4 misc Statement of Relatedness Mon 01/23 1:22 PM
STATEMENT OF RELATEDNESS re: that this action be filed as related to 7:21-cv-02485-VB-JCM. Document filed by June E. Adams Irrevocable Trust Dated 7/21/14 FBO Edward Robert Adams..(Goldberg, Jacob)
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3 3 misc Statement of Relatedness Mon 01/23 1:17 PM
STATEMENT OF RELATEDNESS re: that this action be filed as related to 7:22-cv-02831-VB. Document filed by June E. Adams Irrevocable Trust Dated 7/21/14 FBO Edward Robert Adams..(Goldberg, Jacob)
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Tuesday, January 17, 2023
misc Notice to Attorney to Submit/File Related Case Statement Tue 01/17 2:29 PM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Jacob Alexander Goldberg, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (jgo)
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misc Notice to Attorney Regarding Party Modification Tue 01/17 2:30 PM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jacob Alexander Goldberg. The party information for the following party/parties has been modified: June E. Adams Irrevocable Trust Dated 7/21/14 FBO Edward Robert Adams. The information for the party/parties has been modified for the following reason/reasons: party name was modified to add party text separately. (jgo)
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notice Case Opening Initial Assignment Notice Tue 01/17 2:30 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo)
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utility Case Designated ECF Tue 01/17 2:32 PM
Case Designated ECF. (jgo)
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utility Case Referred as Possibly Related/Similar Tue 01/17 2:32 PM
CASE REFERRED TO Judge Vincent L. Briccetti as possibly related to 21-cv-2485. (jgo)
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Friday, January 13, 2023
2 2 misc Civil Cover Sheet Fri 01/13 3:22 PM
CIVIL COVER SHEET filed..(Goldberg, Jacob)
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1 1 44 pgs cmp Complaint Fri 01/13 3:21 PM
COMPLAINT against Mark Andrews, Sarah Diamond, Mark Foster, Don India, International Business Machines Corporation, Chris Johnston, James J. Kavanaugh, Arvind Krishna, Shanker Ramamurthy, Alistair Rennie, Virginia M. Rometty, Martin J. Schroeter, Pablo Suarez, Bridgette Van Kralingen. (Filing Fee $ 402.00, Receipt Number ANYSDC-27202578)Document filed by June E. Adams Irrevocable Trust Dated 7/21/14 FBO Edward Robert Adams, individually and on behalf of all others similarly situated,..(Goldberg, Jacob)
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