Khalid et al v. Microsoft Corporation et al
| Atm Shafiqul Khalid and Xencare Software Inc |
| Microsoft Corporation and John Doe 1 - n |
| 2:2019cv00130 |
| January 28, 2019 |
| US District Court for the Western District of Washington |
| Ricardo S Martinez |
| Anti-Trust |
| 28 U.S.C. § 1331 Fed. Question: Anti-trust |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 21, 2020. A more recent docket listing may be available from PACER.
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Filing 42
TIME SCHEDULE ORDER ( #20-35921) as to #41 Notice of Appeal, filed by Atm Shafiqul Khalid (CDA)
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Filing 41
NOTICE OF APPEAL to Ninth Circuit (20-35921) re #20 Order on Motion to Dismiss for Failure to State a Claim,,, #40 Order on Motion for Reconsideration, #37 Order on Motion to Dismiss, #38 Judgment by Court, #28 Order on Motion for Reconsideration,, Order on Motion for Extension of Time,,, by Plaintiff Atm Shafiqul Khalid. $505, receipt number AWAWDC-6681508 (cc: USCA) (Khalid, Atm) Modified on 10/21/2020 add CCA # (CDA).
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Filing 40
ORDER denying Plaintiff's #39 Motion to Reconsider Judgment Order and Leave to Amend. Signed by Judge Ricardo S. Martinez. (PM)
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Filing 39
MOTION for Reconsideration re #37 Order on Motion to Dismiss, #38 Judgment by Court, #20 Order on Motion to Dismiss for Failure to State a Claim,,, , filed by Plaintiff Atm Shafiqul Khalid. (Attachments: #1 Exhibit EX-4:Khalid Declaration, #2 Amended Complaint Ex-5:Proposed 3rd Amendment, #3 Exhibit Ex-J:Khalid Employee record, #4 Exhibit Ex-K:Miki's Employee Agreement/lawsuit, #5 Exhibit Ex-L:Miki's public statements, #6 Exhibit Ex-M:Citrix RFP 40, #7 Exhibit Ex-N:Citrix meeting log common interest with Microsoft, #8 Exhibit Ex-O:Khalid 30 patent list, #9 Exhibit Ex-P:Micro Data Center market analysis, #10 Exhibit Ex-QPatent Distribution) Noting Date 5/4/2020, (Khalid, Atm)
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Filing 38
JUDGMENT BY COURT. THE COURT HAS ORDERED THAT Defendant's Motion to Dismiss, Dkt. #32 , is GRANTED.Plaintiff's claims are hereby DISMISSED with prejudice and without leave to amend. (PM)
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Filing 37
ORDER granting Defendant's #32 Motion to Dismiss. Plaintiff's claims are hereby DISMISSED with prejudice and without leave to amend. Signed by Judge Ricardo S. Martinez. (PM)
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Filing 36
SURREPLY filed by Plaintiff Atm Shafiqul Khalid re #32 MOTION to Dismiss Second Amended Complaint (Khalid, Atm)
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Filing 35
REPLY, filed by Defendant Microsoft Corporation, TO RESPONSE to #32 MOTION to Dismiss Second Amended Complaint (Bradley, Heidi)
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NOTICE of Docket Text Modification re #33 Response to Motion: Stricken as duplicative of document #34 Corrected Response, per direction of chambers. (PM)
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Filing 34
RESPONSE (Corrected), by Plaintiff Atm Shafiqul Khalid, to #32 MOTION to Dismiss Second Amended Complaint. (Khalid, Atm) Modified on 1/8/2020 to identify as corrected (PM).
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Filing 33
STRICKEN AS DUPLICATIVE of Dkt. #34 RESPONSE, by Plaintiff Atm Shafiqul Khalid, to #32 MOTION to Dismiss Second Amended Complaint. (Khalid, Atm) Modified on 1/8/2020 to strike per direction of chambers. Plaintiff filed a Corrected Response as Dkt. #34 (PM).
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Filing 32
MOTION to Dismiss Second Amended Complaint, filed by Defendant Microsoft Corporation. (Attachments: #1 Proposed Order) Noting Date 1/10/2020, (Bradley, Heidi)
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Filing 31
The following MINUTE ORDER is made by direction of the Court, the Honorable Ricardo S. Martinez, Chief United States District Judge: Plaintiff's Motion is procedurally improper. In addition to filing this Motion well past the fourteen-day deadline under LCR 7(h)(2), Plaintiff may not use a third motion for reconsideration to circumvent this district's local rules limiting motions for reconsideration to six pages. See LCR 7(e). For these reasons, the Court STRIKES Plaintiffs Motion for Reconsideration, Dkt. #30, as procedurally improper. Plaintiff is directed to review this district's Local Rules and cautioned against filing additional motions for reconsideration on this issue. (AED)
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Filing 30
Second MOTION for Reconsideration re #20 Order on Motion to Dismiss for Failure to State a Claim,,, #28 Order on Motion for Reconsideration,, Order on Motion for Extension of Time,,, , filed by Plaintiff Atm Shafiqul Khalid. (Attachments: #1 Proposed Order Order, #2 Exhibit Ex 1) Noting Date 12/5/2019, (Khalid, Atm)
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Filing 29
Second AMENDED COMPLAINT against All Defendants with JURY DEMAND, filed by Atm Shafiqul Khalid. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I)(Khalid, Atm)
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Filing 28
ORDER striking as moot Plaintiff's #24 Motion for Reconsideration; denying Plaintiff's #27 Second Motion for Reconsideration; granting in part Plaintiff's #25 Motion to Extend Time. Plaintiff is ORDERED to file a Second Amended Complaint within seven (7) days of this Order regarding Counts 13, 9 and 11 only. Signed by Judge Ricardo S. Martinez.(PM)
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Filing 27
MOTION for Reconsideration re #20 Order on Motion to Dismiss for Failure to State a Claim,,, , filed by Plaintiff Atm Shafiqul Khalid. (Attachments: #1 Amended Complaint Proposed Second Amendment Complaint, #2 Proposed Order Order) Noting Date 11/18/2019, (Khalid, Atm)
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Filing 26
MANDATE OF USCA (19-35841) as to #21 Notice of Appeal, filed by Atm Shafiqul Khalid. The Judgment from USCA takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. DISMISSED. (GT)
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Filing 25
MOTION for Extension of Time , filed by Plaintiff Atm Shafiqul Khalid. (Attachments: #1 Proposed Order) Noting Date 10/28/2019, (Khalid, Atm)
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Filing 24
MOTION for Reconsideration , filed by Plaintiff Atm Shafiqul Khalid. (Attachments: #1 Amended Complaint Proposed amendment, #2 Proposed Order Order) Noting Date 10/28/2019, (Khalid, Atm)
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Filing 23
ORDER OF USCA (19-35841, NOT THE MANDATE) as to #21 Notice of Appeal, filed by Atm Shafiqul Khalid. DISMISSED. (GT)
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Filing 22
TIME SCHEDULE ORDER ( #19-35841) as to #21 Notice of Appeal filed by Atm Shafiqul Khalid. (GT)
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Filing 21
NOTICE OF APPEAL (19-35841) to Ninth Circuit re #20 Order on Motion to Dismiss for Failure to State a Claim,,, by Plaintiff Atm Shafiqul Khalid. $505, receipt number 0981-5950003. (cc: USCA) (Khalid, Atm) Modified on 10/3/2019 to add CCA# (GT).
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Filing 20
ORDER granting Defendant's #14 Motion to Dismiss for Failure to State a Claim. Counts 1 and 2 (Sherman Act claims) and Count 3 (RICO claim for extortion) are DISMISSED without prejudice and with leave to amend. Count 4 (forced labor), Count 5 (RICO claim for forced labor), Counts 6 and 12 (civil rights claims), and Count 8 (fraud) are DISMISSED with prejudice. Plaintiff's claim for declaratory relief on Fourteenth Amendment violation (Count 10) is DISMISSED with prejudice. Plaintiff's remaining claims for declaratory relief (Counts 9 and 11) are DISMISSED without prejudice and with leave to amend. Plaintiff is ORDERED to file a Second Amended Complaint within thirty (30) days of this Order for Counts 1-3, 9 and 11. Signed by Judge Ricardo S. Martinez. (PM) Modified on 9/9/2019 (KB).
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Filing 19
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Genevieve Graeme York-Erwin for Defendant Microsoft Corporation. (York-Erwin, Genevieve)
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Filing 18
REPLY, filed by Defendant Microsoft Corporation, TO RESPONSE to #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Bradley, Heidi)
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Filing 17
RESPONSE, by Plaintiffs Atm Shafiqul Khalid, Xencare Software Inc, to #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Oral Argument Requested. (Attachments: #1 Proposed Order)(Khalid, Atm)
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Filing 16
ORDER extending initial discovery deadlines per parties' #15 Stipulated Motion. ORDERED that the deadline for the FRCP 26(f) Conference in this matter is extended until one (1) week after the Court issues a decision on Microsoft's Motion to Dismiss the Amended Complaint (Dkt. #14 ); that the deadline for Initial Disclosures is extended until two (2) weeks after the Court's decision on the Motion to Dismiss; and that the deadline for the Combined Joint Status Report is extended until three (3) weeks after the Court's decision on the Motion to Dismiss. Signed by Judge Ricardo S. Martinez.(PM)
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Filing 15
Stipulated MOTION to Extend Initial Discovery Deadlines, filed by Defendant Microsoft Corporation. (Attachments: #1 Proposed Order) Noting Date 6/20/2019, (Bradley, Heidi)
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Filing 14
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant Microsoft Corporation. (Attachments: #1 Proposed Order) Noting Date 6/28/2019, (Bradley, Heidi)
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Filing 13
ORDER re: parties' #12 Stipulated Motion. Deadline for Microsoft's answer or motion to dismiss is 6/14/2019, Amended Complaint deadline is 6/14/2019, FRCP 26f Conference Deadline is 6/14/2019, Initial Disclosure Deadline is 6/21/2019, Combined Joint Status Report and Discovery Plan due by 6/28/2019. Signed by Judge Ricardo S. Martinez. (PM)
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Filing 12
Stipulated MOTION to Extend Time for Defendant Microsoft to Answer or Move to Dismiss the First Amended Complaint, filed by Defendant Microsoft Corporation. (Attachments: #1 Proposed Order) Noting Date 5/13/2019, (Bradley, Heidi)
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Filing 11
CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Microsoft Corporation (Bradley, Heidi)
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Filing 10
NOTICE of Appearance by attorney Heidi Brooks Bradley on behalf of Defendant Microsoft Corporation. (Bradley, Heidi)
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Attorneys Tiffany Scott Connors, Genevieve Graeme York-Erwin added for Microsoft Corporation; per #10 Notice of Appearance. (MW)
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Filing 9
NOTICE: Plaintiff Atm Shafiqul Khalid has registered to electronically file and receive electronic service in this case. (PS)
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Filing 8
AFFIDAVIT of Service of Summons and Complaint on Microsoft Corporation on 4/25/2019, filed by Plaintiffs Atm Shafiqul Khalid, Xencare Software Inc. (TH)
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Filing 7
AMENDED COMPLAINT against defendant(s) Microsoft Corporation with JURY DEMAND, filed by Atm Shafiqul Khalid, Xencare Software Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(TH)
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Filing 6
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 5/29/2019, FRCP 26f Conference Deadline is 5/15/2019, Initial Disclosure Deadline is 5/22/2019, by Judge Ricardo S. Martinez. (cc:Plaintiff via USPS)(LW)
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| Filing 5 DEMAND for JURY TRIAL by Plaintiffs Atm Shafiqul Khalid, Xencare Software Inc (TH) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Atm Shafiqul Khalid, Xencare Software Inc (TH) |
| Filing fee received: $ 400, receipt number SEA094498 (GT) |
| Filing 3 LETTER mailed re IFP deficiency; - The filing fee requirement must be met. Please submit either the full $400.00 filing fee or an application for In Forma Pauperis (IFP) status.- IMPROPER JURY DEMAND: Pursuant to LCR 38(b), the words JURY DEMAND shall be typed in capital letters on the first page immediately below the name of the pleading to the right of the name of the cause. You must file a separate Jury Demand in order to advise the court of this request. Filer has until 3/1/2019 to correct (CDA)cc plaintiff via US Mail with blank IFP form |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, Xencare Software Inc must file a Corporate Disclosure Statement by 2/6/2019. (CDA)cc plaintiff Khalid via U.S. Mail |
| Filing 1 COMPLAINT against All Defendants (Summons(es) not received to issue) (Receipt # FEE NOT PAID), filed by Atm Shafiqul Khalid. (Attachments: #1 Exhibit A-G, #2 Exhibit H-I, #3 Civil Cover Sheet, #4 Email requesting new case)(CDA) |
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