UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX IN RE: : 21-CV-9574 (JMF) SECOND WAVE IBM ARBITRATION AGREEMENT : ORDER LITIGATION : wee KX JESSE M. FURMAN, United States District Judge: On January 31, 2022, Defendant International Business Machines Corp. (“IBM”) filed a motion to dismiss Plaintiff Sharon Gilmore’s Amended Complaint. See ECF Nos. 25-26. As the parties are aware, however, the cases consolidated under case number 21-CV-9574 each “retain their separate identities.” ECF No. 5 (quoting Hall v. Hall,

(2018)). In light of the foregoing, it is hereby ORDERED that IBM shall, no later than February 10, 2022, file a letter indicating whether its motion to dismiss is directed solely at Plaintiff Sharon Gilmore’s Amended Complaint or applies to all Second Wave plaintiffs — that is, the plaintiffs in the cases consolidated under 21-CV-9574. SO ORDERED. Dated: February 3, 2022 New York, New York SSE RMAN ited States District Judge