Garcia v. Microsoft Corporation
Plaintiff sued defendant Microsoft Corporation for charging XBOX Live subscriptions with accompanying automatic renewals where such contracts were entered into by minor children and for
charging fees for XBOX Live subscriptions with accompany automatic renewals where such multiple-year contracts with adults was not in writing as required under the Statute of Frauds.
| Plaintiff: | Francisco Garcia |
|---|---|
| Defendant: | Microsoft Corporation |
| Case Number: | 1:2007cv02363 |
| Filed: | September 27, 2007 |
| Court: | Georgia Northern District Court |
| Office: | Atlanta Office [ Court Info ] |
| County: | Fulton |
| Presiding Judge: | Timothy C. Batten Sr |
| Presiding Judge: | Clarence Cooper |
| Nature of Suit: | Torts - Property - Other Fraud |
| Cause: | 28:1441 Petition for Removal- Fraud |
| Jurisdiction: | Diversity |
| Jury Demanded By: | Plaintiff |
Available Case Documents
Some selected documents for this case are included below.
| Date Filed | # | Document Text |
|---|---|---|
| September 27, 2007 | 1 | NOTICE OF REMOVAL with COMPLAINT, filed by Microsoft Corporation. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. (Filing fee $ 350.00 receipt number 569668) (Attachments: # 1 Exhbit A# 2 Exhibit B# 3 Civil Cover Sheet)(epm) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| September 27, 2007 | 2 | Corporate Disclosures pursuant to Rule 7.1 by Microsoft Corporation.(epm) |
| September 27, 2007 | 3 | APPLICATION for Admission of Peter Breslauer, Pro Hac Vice by Microsoft Corporation.Filing Fee received $150.00, Receipt #569670. (epm) Modified text on 9/28/2007 (epm). |
| September 27, 2007 | 4 | APPLICATION for Admission of Charles B. Casper, Pro Hac Vice by Microsoft Corporation.Filing Fee received $150.00, Receipt #569669. (epm) |
| September 28, 2007 | 5 | NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to Peter Breslauer. (epm) |
| September 28, 2007 | 6 | NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to Charles B. Casper. (epm) |
| October 1, 2007 | 7 | NOTICE of Appearance by Jerome D. Lee on behalf of Francisco Garcia (Lee, Jerome) |
| October 2, 2007 | 8 |
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| October 2, 2007 | 9 | NOTICE to all cnsl of record re 8 Order of Recusal (vs) |
| October 2, 2007 | 10 | MOTION to Remand to State Court with Brief In Support by Francisco Garcia. (Lee, Jerome) |
| October 2, 2007 | 11 | MOTION for Oral Argument re 10 MOTION to Remand to State Court by Francisco Garcia. (Lee, Jerome) |
| October 3, 2007 | 12 | STIPULATION Granting Extension of Time by Francisco Garcia, Microsoft Corporation. (Dickerson, Derin) |
| October 4, 2007 | 13 |
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| October 11, 2007 | 14 |
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| October 11, 2007 | 15 |
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| October 15, 2007 | 16 | MOTION to Dismiss with Brief In Support by Microsoft Corporation. (Attachments: # 1 Brief # 2 Affidavit # 3 Exhibit Exhibit A to Declaration# 4 Exhibit Exhibit B to Declaration# 5 Exhibit Exhibit C to Declaration)(Brown, Kristine) |
| October 15, 2007 | 17 | MOTION to Transfer Case to Western District of Washington with Brief In Support by Microsoft Corporation. (Attachments: # 1 Brief # 2 Affidavit # 3 Exhibit A to Declaration# 4 Exhibit B to Declaration# 5 Exhibit C to Declaration)(Brown, Kristine) |
| October 22, 2007 | 18 | MOTION for Extension of Time Respond to Plaintiff's Motion to Remand re: 10 MOTION to Remand to State Court by Microsoft Corporation. (Dickerson, Derin) |
| October 24, 2007 | 19 | RESPONSE in Opposition re 10 MOTION to Remand to State Court filed by Microsoft Corporation. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Brown, Kristine) |
| October 26, 2007 | 20 | NOTICE Of Filing by Microsoft Corporation re 19 Response in Opposition to Motion Exh. A to Declaration (Brown, Kristine) |
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| Plaintiff: Francisco Garcia | |
|---|---|
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| Defendant: Microsoft Corporation | |
|---|---|
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