This case was last updated from U.S. District Courts on 01/23/2022 at 08:47:30 (UTC).

Roberts et al v. International Business Machines Corporation

Case Summary

On November 24, 2021, Gary Roberts, HRH P. Michael Popa, R. Kevin Rodriguez, Jonathan Rosenoer, Mike Carrubba and others (“Plaintiffs”), represented by Michael Benjamin Eisenkraft of Cohen Milstein Sellers & Toll PLLC, filed a civil discrimination lawsuit against International Business Machines Corporation (“Defendant”), seeking injunctive reliefs and damages along with pre- and post-judgement interests and other reliefs for the Defendant’s alleged employment discrimination based on age. This case was filed in U.S. District Court in the Southern District of New York with Judge Vincent L. Briccetti presiding. 

 

In the complaint, the Plaintiffs alleged that, “The U.S. Equal Employment Opportunity Commission (EEOC) conducted a lengthy and in-depth investigation of the complaints of many older IBM employees who were terminated around the same time as Plaintiffs. Based on its analysis of statistical data and “corroborating testimony from dozens of witnesses nationwide,” the EEOC found “reasonable cause to believe that [IBM] has discriminated against” these older IBM workers because of their age” and “The EEOC further found that termination of employees like Plaintiffs through group layoffs between 2013 and 2018 was part of a systemic and long-term plan devised by top management to replace older workers with younger career hires.”

 

The Plaintiffs further alleged that, “IBM devised and implemented company-wide policies and practices to effectuate its discriminatory scheme to replace older workers with younger workers, including: (a) directing its managers to lower performance evaluation scores for older workers in order to provide a purported basis on which to select those workers for termination via Resource Actions; (b) exempting or protecting from layoff “early professionals” and recent college graduates, who are much younger than the average IBM employee; and (c) taking affirmative steps to keep its workforce and the public in the dark about its discriminatory practices, including falsely classifying Resource Action terminations as retirements or performance-based terminations.”

 

The Plaintiffs also alleged that, “IBM’s plan to replace its older employees with much younger ones was implemented and achieved its apparent purpose. Over the past six years, IBM discharged more than 20,000 workers who were age 40 or older and who worked at facilities in the United States. This longstanding, companywide campaign to target, discharge, and replace older workers demonstrates that discrimination against older workers has been the company’s standard operating procedure—the regular, rather than the unusual practice—at IBM.”

 

The only claim for relief laid down by the Plaintiffs is for alleged Age Discrimination in violation of the Employment Act, 29 U.S.C. Sections 621-634.

 

In their prayer for relief, the Plaintiffs requested the Court for declaratory and injunctive reliefs along with liquidated damages in an amount equal to the amount of back pay and benefits due to the Plaintiffs; for front pay and benefits if reinstatement is not feasible; adverse tax consequences of their recovery of wages and benefits in a lump sum; costs and expenses; pre- and post-trial interest; and any other legal and equitable relief as the Court may deem just and proper.

 

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Case Details Parties Dockets

 

Case Details

  • Case Number:

    7:21-CV-09928

  • Filing Date:

    11/24/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Employment Discrimination

Judge Details

Presiding Judge

Vincent L. Briccetti

 

Party Details

Plaintiffs

Gary Roberts

HRH P. Michael Popa

R. Kevin Rodriguez

Jonathan Rosenoer

Mike Carrubba

Bill Ellmore

Michael Butera

Alanna Robinson-Bailey

Kevin Monagle

Philip Philippides

Darin Cross

Darrell Goff

Demone Abrams

Ken Claflin

Alex Campos

Linda Reda

Dwayne Picou

Igancio Angles

Nikhil Patel

Deborah Young

24 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

Joseph M. Sellers

Attorney at Cohen Milstein Sellers & Toll PLLC (DC)

1100 New York Avenue, N.W.Suite 500, West Tower

Washington, DC 20005

Michael Benjamin Eisenkraft

Attorney at Cohen Milstein Sellers & Toll PLLC

88 Pine Street14Th Floor

New York, NY 10005

Other Attorneys

Ashleigh Alexa Musser

Attorney at Gibbs Law Group LLP

505 14Th Streetsuite1110

Oakland, CA 94612

Steven M. Tindall

Attorney at Gibbs Law Group LLP

505 14Th Streetsuite 1110

Oakland, CA 94612

 

Docket Entries

  • 12/21/2021
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  • Docket(#13) ORDER FOR ADMISSION PRO HAC VICE granting #11 Motion for Ashleigh A. Musser to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 12/21/2021) (mml) (Entered: 12/21/2021)

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  • 12/21/2021
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  • Docket(#12) ORDER FOR ADMISSION PRO HAC VICE granting #10 Motion for Steven M. Tindall to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 12/21/2021) (mml) (Entered: 12/21/2021)

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  • 12/21/2021
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  • Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Steven M. Tindall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25494387. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 12/21/2021)

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  • 12/21/2021
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  • Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Ashleigh A. Musser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25494461. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 12/21/2021)

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  • 12/20/2021
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  • Docket(#11) MOTION for Ashleigh A. Musser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25494461. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ALL PLAINTIFFS. (Attachments: #1 Affidavit ISO Motion to Admit Counsel Pro Hac Vice, #2 Text of Proposed Order for Admission Pro Hac Vice).(Musser, Ashleigh) (Entered: 12/20/2021)

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  • 12/20/2021
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  • Docket(#10) MOTION for Steven M. Tindall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25494387. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ALL PLAINTIFFS. (Attachments: #1 Affidavit ISO Motion to Admit Counsel Pro Hac Vice, #2 Text of Proposed Order ).(Tindall, Steven) (Entered: 12/20/2021)

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  • 12/20/2021
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  • Docket(#9) NOTICE OF APPEARANCE by Joseph M. Sellers on behalf of ALL PLAINTIFFS..(Sellers, Joseph) (Entered: 12/20/2021)

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  • 12/09/2021
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  • Docket(#8) ORDER FOR ADMISSION PRO HAC VICE granting #7 Motion for Joseph M. Sellers to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 12/9/2021) (mml) (Entered: 12/09/2021)

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  • 12/09/2021
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  • Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Joseph M. Sellers to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 12/09/2021)

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  • 12/08/2021
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  • Docket(#7) MOTION for Joseph M. Sellers to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ALL PLAINTIFFS. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Sellers, Joseph) (Entered: 12/08/2021)

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3 More Docket Entries
  • 11/29/2021
  • DocketNOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (aea) (Entered: 11/29/2021)

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  • 11/29/2021
  • DocketCASE DECLINED AS NOT RELATED. Case referred as related to 1:18-cv-08434-VEC-SLC and declined by Judge Valerie Caproni and returned to wheel for assignment. (aea) (Entered: 11/29/2021)

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  • 11/29/2021
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  • Docket(#5) ELECTRONIC SUMMONS ISSUED as to International Business Machines Corporation..(gp) (Entered: 11/29/2021)

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  • 11/29/2021
  • DocketCASE REFERRED TO Judge Valerie E. Caproni as possibly related to 1:18-cv-8434. (gp) (Entered: 11/29/2021)

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  • 11/29/2021
  • DocketCase Designated ECF. (gp) (Entered: 11/29/2021)

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  • 11/29/2021
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(gp) (Entered: 11/29/2021)

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  • 11/24/2021
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  • Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS as to International Business Machines Corporation, re: #1 Complaint,,,. Document filed by Demone Abrams, Igancio Angles, Hershel Bagley, Christopher Britton, Robert Broughton, Michael Butera, Alex Campos, Sonja Cardoso, Cathy Carney, Mike Carrubba, Carlos Castillo, Ken Claflin, Darin Cross, Bill Ellmore, Joshua Fox, Jim Fyffe, Darrell Goff, Brad Gold, Venkat Govindarajan, Piyush Gupta, Ron Howell, Michael Matry, Kevin Monagle, Patrick O'Boyle, III, Nikhil Patel, Heidi Pehhrson, Philip Philippides, Dwayne Picou, P. Michael Popa, Jason Proctor, Linda Reda, Kam Rezvani, Gary Roberts, Alanna Robinson-Bailey, R. Kevin Rodriguez, David Roknian, Jonathan Rosenoer, Vidya Sagar, Peter Toro, Jonathan Urban, Jeffrey Werner, Deborah Young..(Eisenkraft, Michael) (Entered: 11/24/2021)

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  • 11/24/2021
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  • Docket(#3) STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:18cv08434. Document filed by Demone Abrams, Igancio Angles, Hershel Bagley, Christopher Britton, Robert Broughton, Michael Butera, Alex Campos, Sonja Cardoso, Cathy Carney, Mike Carrubba, Carlos Castillo, Ken Claflin, Darin Cross, Bill Ellmore, Joshua Fox, Jim Fyffe, Darrell Goff, Brad Gold, Venkat Govindarajan, Piyush Gupta, Ron Howell, Michael Matry, Kevin Monagle, Patrick O'Boyle, III, Nikhil Patel, Heidi Pehhrson, Philip Philippides, Dwayne Picou, P. Michael Popa, Jason Proctor, Linda Reda, Kam Rezvani, Gary Roberts, Alanna Robinson-Bailey, R. Kevin Rodriguez, David Roknian, Jonathan Rosenoer, Vidya Sagar, Peter Toro, Jonathan Urban, Jeffrey Werner, Deborah Young..(Eisenkraft, Michael) (Entered: 11/24/2021)

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  • 11/24/2021
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  • Docket(#2) CIVIL COVER SHEET filed. (Attachments: #1 Statement of Relatedness).(Eisenkraft, Michael) (Entered: 11/24/2021)

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  • 11/24/2021
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  • Docket(#1) COMPLAINT against International Business Machines Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-25381053)Document filed by Patrick O'Boyle, III, Sonja Cardoso, Jim Fyffe, Michael Butera, Robert Broughton, P. Michael Popa, Dwayne Picou, Gary Roberts, Igancio Angles, Peter Toro, Linda Reda, Jeffrey Werner, Piyush Gupta, Michael Matry, Carlos Castillo, Deborah Young, Ken Claflin, Venkat Govindarajan, Philip Philippides, Cathy Carney, Ron Howell, Darin Cross, Vidya Sagar, David Roknian, Demone Abrams, Heidi Pehhrson, Christopher Britton, Bill Ellmore, Jonathan Urban, R. Kevin Rodriguez, Jason Proctor, Kevin Monagle, Darrell Goff, Hershel Bagley, Alex Campos, Brad Gold, Alanna Robinson-Bailey, Jonathan Rosenoer, Kam Rezvani, Joshua Fox, Nikhil Patel, Mike Carrubba. (Attachments: #1 Exhibit EEOC Determination).(Eisenkraft, Michael) (Entered: 11/24/2021)

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