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Insurance | New York Northern
Leave to File Document
MOTION for Leave to File Reply in Further Support of [Dock. #178] Motion to Extend Scheduling Order on Behalf of All Defendants filed by St. Paul Fire and Marine Insurance Company, Travelers Casualty and Surety Company, Travelers Indemnity Company. Response to Motion due by 10/13/2026 Motions referred to Carla B. Freedman. (Butricks, Kelly)
Labor: E.R.I.S.A. | Massachusetts
Order on Motion to Strike
District Judge Patti B. Saris: ELECTRONIC ORDER entered re 52 Motion to Strike The Gober Declaration by IBM Retirement Plans Committee, International Business Machines Corp. After review of the parties' filings and a hearing, Defendants International Business Machines Corp. and IBM Retirement Plans Committee's motion to strike the declaration of Thomas Gober (Dkt. 52 ) is DENIED. Regardless of whether the declaration was properly attached to the amended complaint, courts adjudicating a motion to dismiss for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) may consider materials extrinsic to a complaint, see Groden v. N&D Transp. Co., 866 F.3d 22, 24 n.3 (1st Cir. 2017); Aguilar v. U.S. Immigr. & Customs Enft, 510 F.3d 1, 8 (1st Cir. 2007), including affidavits, see Gonzalez v. United States, 284 F.3d 281, 287-88 (1st Cir. 2002). As Defendants seek dismissal of the amended complaint in part under Rule 12(b)(1) for lack of standing, see Wiener v. MIB Grp., Inc., 86 F.4th 76, 82 n.8 (1st Cir. 2023) (stating that a motion to dismiss for lack of standing is properly brought under Rule 12(b)(1)), striking Gobers declaration is not warranted. The Court will address the extent to which it relies on the declaration when it resolves Defendants' motions to dismiss, which remain under advisement. (CGK)
After review of the parties' filings and a hearing, Defendants International Business Machines Corp. and IBM Retirement Plans Committee's motion to strike the declaration of Thomas Gober (Dkt. 52 ) is DENIED. Regardless of whether the declaration was properly attached to the amended complaint, courts adjudicating a motion to dismiss for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) may consider materials extrinsic to a complaint, see Groden v. N&D Transp. Co., 866 F.3d 22, 24 n.3 (1st Cir. 2017); Aguilar v. U.S. Immigr. & Customs Enft, 510 F.3d 1, 8 (1st Cir. 2007), including affidavits, see Gonzalez v. United States, 284 F.3d 281, 287-88 (1st Cir. 2002). As Defendants seek dismissal of the amended complaint in part under Rule 12(b)(1) for lack of standing, see Wiener v. MIB Grp., Inc., 86 F.4th 76, 82 n.8 (1st Cir. 2023) (stating that a motion to dismiss for lack of standing is properly brought under Rule 12(b)(1)), striking Gobers declaration is not warranted. The Court will address the extent to which it relies on the declaration when it resolves Defendants' motions to dismiss, which remain under advisement.
(CGK)
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