Garcia v. Microsoft Corporation Featured Case

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: US District Court for the Northern District of Georgia
Office: Atlanta Office
County: Fulton
Presiding Judge: Clarence Cooper
Nature of Suit: Fraud or Truth-In-Lending
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Fraud
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 19, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 22, 2008 Filing 30 Letter acknowledging receipt from USDC Western District of Washington. New Case # C08-54-MJP. (hfm)
January 18, 2008 Certified Mail Returned Receipt re 29 Letter of Transfer to USDC Western District of Washington. (hfm)
January 10, 2008 Filing 29 Letter of Transfer to USDC Western District of Washington. (hfm)
January 10, 2008 Civil Case Terminated. (hfm)
January 10, 2008 Case transferred to District of Western Washington. Original file, certified copy of transfer order and docket sheet sent. (hfm)
January 9, 2008 Opinion or Order Filing 28 ORDER denying 10 Motion to Remand to State Court; denying as moot 11 Motion for Oral Argument; granting 17 Motion to Transfer Case; granting 18 Motion for Extension of Time; granting 24 Motion for Extension of Time. The CLERK is DIRECTED to close this case and transfer it to the Western District of Washington. Signed by Judge Timothy C. Batten, Sr on 1/9/08. (hfm)
November 27, 2007 Filing 27 REPLY to Response to Motion re 17 MOTION to Transfer Case to Western District of Washington filed by Microsoft Corporation. (Brown, Kristine)
November 15, 2007 Filing 26 NOTICE Of Filing Affidavit by Francisco Garcia re 23 Response in Opposition to Motion (Lee, Jerome)
November 14, 2007 Filing 25 Joint Certificate of Interested Persons by Francisco Garcia, Microsoft Corporation. (Dickerson, Derin)
November 13, 2007 Submission of 24 Consent MOTION for Extension of Time to File Response to Motion to Transfer, submitted to District Judge Timothy C. Batten. (hfm)
November 9, 2007 Filing 24 Consent MOTION for Extension of Time to File Response re 17 Motion to Transfer by Francisco Garcia. (Lee, Jerome) Modified on 11/13/2007 to create document relationship (hfm).
November 9, 2007 Filing 23 RESPONSE in Opposition re 17 MOTION to Transfer Case to Western District of Washington filed by Francisco Garcia. (Lee, Jerome)
November 6, 2007 Submission of 17 MOTION to Transfer Case to Western District of Washington, 16 MOTION to Dismiss, submitted to District Judge Timothy C. Batten. (hfm)
October 30, 2007 Opinion or Order Filing 22 ORDER granting 21 Motion to Stay. All deadlines in this litigation, with the exception of the deadlines to respond to Microsoft's Motion to Transfer, to file a reply in support of Plaintiffs Motion to Remand, and to file the Joint Certificate of Interested Parties, are stayed until the resolution of Plaintiff's Motion to Remand and Microsoft's Motion to Transfer. Signed by Judge Timothy C. Batten, Sr on 10/30/07. (hfm)
October 29, 2007 Filing 21 Joint MOTION to Stay by Francisco Garcia, Microsoft Corporation. (Dickerson, Derin)
October 26, 2007 Filing 20 NOTICE Of Filing Attachment to Exhibit A re 19 Response in Opposition to Motion by Microsoft Corporation (Brown, Kristine) Modified on 10/29/2007 to edit docket text to accurately reflect e-filed pleading (hfm).
October 24, 2007 Filing 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 23, 2007 Submission of 18 MOTION for Extension of Time Respond to Plaintiff's Motion to Remand re: 10 MOTION to Remand to State Court, submitted to District Judge Timothy C. Batten. (hfm)
October 22, 2007 Filing 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 19, 2007 Submission of 10 MOTION to Remand to State Court; 11 MOTION for Oral Argument re 10 MOTION to Remand to State Court, submitted to District Judge Timothy C. Batten. (hfm)
October 15, 2007 Filing 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 15, 2007 Filing 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 11, 2007 Opinion or Order Filing 15 ORDER granting 4 Application of Charles B. Casper for Admission Pro Hac Vice. Signed by Judge Clarence Cooper on 10/11/07. (vs)
October 11, 2007 Opinion or Order Filing 14 ORDER granting 3 Application of Peter Breslauer for Admission Pro Hac Vice. Signed by Judge Clarence Cooper on 10/11/07. (vs)
October 4, 2007 Opinion or Order Filing 13 ORDER TO EXTEND TIME TO ANSWER. The time is extended through October, 15, 2007, as the deadline for Defendant Microsoft Corporation to answer or otherwise respond to the Complaint. Signed by Judge Timothy C. Batten Sr. on 10/4/07. (hfm)
October 3, 2007 Filing 12 STIPULATION Granting Extension of Time by Francisco Garcia, Microsoft Corporation. (Dickerson, Derin)
October 2, 2007 Filing 11 MOTION for Oral Argument re 10 MOTION to Remand to State Court by Francisco Garcia. (Lee, Jerome)
October 2, 2007 Filing 10 MOTION to Remand to State Court with Brief In Support by Francisco Garcia. (Lee, Jerome)
October 2, 2007 Filing 9 NOTICE to all cnsl of record re 8 Order of Recusal (vs)
October 2, 2007 Opinion or Order Filing 8 ORDER OF RECUSAL. Judge Clarence Cooper recused. Case reassigned to Judge Timothy C. Batten, Sr for all further proceedings. Signed by Judge Clarence Cooper on 10/2/07. (vs)
October 1, 2007 Filing 7 NOTICE of Appearance by Jerome D. Lee on behalf of Francisco Garcia (Lee, Jerome)
October 1, 2007 APPROVAL by Clerks Office re: 4 APPLICATION for Admission. Attorney Charles B. Casper for Microsoft Corporation added. (cdg)
October 1, 2007 APPROVAL by Clerks Office re: 3 APPLICATION for Admission of Peter Breslauer Pro Hac Vice. Attorney Peter Breslauer for Microsoft Corporation added. (cdg)
September 28, 2007 Filing 6 NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to Charles B. Casper. (epm)
September 28, 2007 Filing 5 NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to Peter Breslauer. (epm)
September 27, 2007 Filing 4 APPLICATION for Admission of Charles B. Casper, Pro Hac Vice by Microsoft Corporation.Filing Fee received $150.00, Receipt #569669. (epm)
September 27, 2007 Filing 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 Filing 2 Corporate Disclosures pursuant to Rule 7.1 by Microsoft Corporation.(epm)
September 27, 2007 Filing 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.

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Plaintiff: Francisco Garcia
Represented By: Christopher C. Taylor
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Defendant: Microsoft Corporation
Represented By: John E. Stephenson, Jr.
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