Kelley v. Microsoft Corporation Featured Case
Plaintiff: Dianne L Kelley and Kenneth Hansen
Defendant: Microsoft Corporation
Case Number: 2:2007cv00475
Filed: March 29, 2007
Court: US District Court for the Western District of Washington
Office: Seattle Office
County: Island
Presiding Judge: Marsha J. Pechman
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Personal Injury
Jury Demanded By: Plaintiff
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Date Filed Document Text
January 10, 2011 Opinion or Order Filing 380 ORDER denying 374 Motion to Stay by Judge Marsha J. Pechman.(MC)
April 10, 2009 Opinion or Order Filing 362 ORDER denying 319 Plaintiffs' Motion for Narrowed Class Certification. Plaintiffs have not demonstrated that common issues predominate with respect to either class. The parties are directed to meet and confer on whether they wish to reset a trial date for the remaining individual claims or if they wish to file for leave to appeal. The Court asks the parties to respond within ten (10) days of this Order, by Judge Marsha J. Pechman.(RK)
March 31, 2009 Opinion or Order Filing 359 ORDER granting 317 Motion to Continue without making any ruling on Plaintiffs' motion for narrowed class certification. The all remaining dates on the trial schedule 145 are stricken by Judge Marsha J. Pechman.(RK)
March 18, 2009 Opinion or Order Filing 339 ORDER denying 163 Plaintiffs' motion for partial summary judgment. Plaintiffs did not demonstrate that WDDM was a material element of Vista functionality, by Judge Marsha J. Pechman.(RK)
February 18, 2009 Opinion or Order Filing 316 ORDER granting 252 Motion Class Decertification; denying 253 Motion for Summary Judgment; finding as moot 184 Motion for Subclass Certification; finding as moot 186 Motion for Approval of Class Notice Program by Judge Marsha J. Pechman.(RK)
January 23, 2009 Opinion or Order Filing 314 ORDER granting Plaintiffs' motion as set forth in the CR 37 joint submission 173 by Judge Marsha J. Pechman.(RK)
February 27, 2008 Filing 131
REDACTION to [114] Sealed Document, Exhibit A to the Declaration of Jeffrey M. Thomas by Plaintiffs Dianne L Kelley, Kenneth Hansen. (Wilner, Mark)
February 26, 2008 Opinion or Order Filing 129
ORDER granting in part and denying in part 111 Motion to Seal. The clerk is directed to immediately unseal Docket No. 115. Docket Nos. 112, 114, and 117 shall remain permanently sealed. Within 10 calendar days, Plaintiffs shall file redacted versions of Docket Nos. 112 and 114 that comport with this order, by Judge Marsha J. Pechman. (Dkt no. 115 unsealed)(MD, )
February 22, 2008 Opinion or Order Filing 128
ORDER granting [60] Motion for application of Washington law; granting [65] Motion for Class Certification by Judge Marsha J. Pechman.(ADO)
January 17, 2008 Opinion or Order Filing 126
MINUTE ORDER In-court Hearing set for 2/8/2008 at 09:00 AM in Courtroom 14206 before Hon. Marsha J. Pechman by Judge Marsha J. Pechman. (ADO )
January 2, 2008 Opinion or Order Filing 118
PROTECTIVE ORDER sealing certain confidential documents and related briefing re: 85 Motion to Seal by Judge Marsha J. Pechman.(MD, )
December 11, 2007 Filing 110
REPLY, filed by Defendant Microsoft Corporation, TO RESPONSE to 85 MOTION to Seal Certain Confidential Materials (Rummage, Stephen)
December 6, 2007 Filing 109
RESPONSE, by Plaintiffs Dianne L Kelley, Kenneth Hansen, to 85 MOTION to Seal Certain Confidential Materials. (Wilner, Mark)
December 5, 2007 Filing 108
REDACTION to [87] Sealed Document, Microsoft's Opposition to Plaintiffs' Motion for Class Certification by Defendant Microsoft Corporation. (Rummage, Stephen)
December 4, 2007 Opinion or Order Filing 107
STIPULATION AND ORDER PERMITTING FILING OF REDACTED BRIEFS ON MOTION FOR CLASS CERTIFICATION re 106 Stipulation filed by Microsoft Corporation by Judge Marsha J. Pechman. (MD, )
November 30, 2007 Filing 106
STIPULATION AND PROPOSED ORDER PERMITTING FILING OF REDACTED BRIEFS by parties re 85 MOTION to Seal Certain Confidential Materials, [87] Sealed Document,. (Rummage, Stephen)
November 21, 2007 Filing 104
Letter from Stephen M. Rummage to Clerk of Court. (Rummage, Stephen)
November 20, 2007 Filing 102
PRAECIPE to attach document Declaration of Tina Riquelmy re 96 Declaration, by Defendant Microsoft Corporation. (Rummage, Stephen)
November 15, 2007 Filing 84
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of the Motion Hearing held on 8/7/2007 has been filed.

Pursuant to the new policy adopted by the Judicial Conference, transcripts are available for inspection only at the clerk's office or may be purchased from the court reporter for a 90 day period. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.

To purchase a copy of the transcript contact court reporter S. Zielie by telephone at 206-370-8509. (SA) Additional attachment(s) added on 2/14/2008 (SA, ).
November 9, 2007 Filing 83
REDACTION to [65] Sealed Motion for Class Certification by Plaintiffs Dianne L Kelley, Kenneth Hansen. (Wilner, Mark)
November 7, 2007 Opinion or Order Filing 81
PROTECTIVE ORDER SEALING CERTAIN CONFIDENTIAL DOCUMENTS AND RELATED BRIEFING by Judge Marsha J. Pechman. (MD, )
November 2, 2007 Opinion or Order Filing 78
PROTECTIVE ORDER sealing exhibits to Wilner Declaration and Related Briefing re: 45 Motion to Seal, by Judge Marsha J. Pechman. (Documents no. 46 & 48 sealed)(MD, )
October 29, 2007 Filing 77
REPLY, filed by Plaintiffs Dianne L Kelley, Kenneth Hansen, TO RESPONSE to 59 MOTION to Seal (Wilner, Mark)
October 24, 2007 Filing 76
DECLARATION of Nicholas Psyhogeos filed by Defendant Microsoft Corporation re 59 MOTION to Seal (Rummage, Stephen)
October 22, 2007 Opinion or Order Filing 74
STIPULATION AND ORDER re 73 Stipulation re: certain requests for admission filed by Kenneth Hansen, Dianne L Kelley by Judge Marsha J. Pechman. (MD, )
October 19, 2007 Filing 73
STIPULATION AND PROPOSED ORDER Re: Certain Requests for Admission by parties. (Wilner, Mark)
October 12, 2007 Opinion or Order Filing 72
ORDER granting in part and denying in part 36 Motion to Compel by Judge Marsha J. Pechman.(ADO)
October 9, 2007 Filing 70
NOTICE that the following is RE-NOTED: 59 MOTION to Seal. Filed by Plaintiffs Dianne L Kelley, Kenneth Hansen. Noting Date 10/29/2007.(Wilner, Mark)
October 5, 2007 Filing 71
NOTICE re: Exhibit B to Jeffrey I. Tilden re: video CD re 69 Notice of Filing Paper or Physical Materials (notice and Video CD in Chambers) (MD, )
October 4, 2007 Filing 58
RESPONSE, by Plaintiffs Dianne L Kelley, Kenneth Hansen, to 45 MOTION to Seal Documents. (Wilner, Mark)
October 2, 2007 Opinion or Order Filing 57
PROTECTIVE ORDER by Judge Marsha J. Pechman. (MD, )
October 1, 2007 Filing 54
DECLARATION of Nicholas J. Psyhogeos filed by Defendant Microsoft Corporation re 45 MOTION to Seal Documents (Rummage, Stephen)
September 24, 2007 Opinion or Order Filing 51
STIPULATION AND ORDER extending plaintiffs' deadline to file motion for class certification and motion re: Choice of Law re 50 Stipulation filed by Kenneth Hansen, Dianne L Kelley, by Judge Marsha J. Pechman. (MD, )
September 19, 2007 Filing 49
RESPONSE, by Plaintiffs Dianne L Kelley, Kenneth Hansen, to 43 MOTION for Protective Order. (Wilner, Mark)
September 13, 2007 Opinion or Order Filing 42
ORDER re 35 Proposed Protective Order (Unsigned). The Court will not sign the proposed protective order. The Court directs the parties to revise their protective order to reflect the sealing procedure articulated in Local Civil Rule 5(g) by Judge Marsha J. Pechman. (ADO)
August 6, 2007 Opinion or Order Filing 32
STIPULATION AND ORDER DISMISSING CONTRACT CAUSE OF ACTION WITHOUT PREJUDICE re 31 Stipulation filed by Kenneth Hansen, Dianne L Kelley by Judge Marsha J. Pechman. (MD, )
August 3, 2007 Filing 31
STIPULATION AND PROPOSED ORDER Dismissing Contract Cause of Action by parties. (Thomas, Jeffrey)
July 20, 2007 Opinion or Order Filing 30
MINUTE ORDER In-court Hearing set for 8/7/2007 at 04:00 PM in Courtroom 14206 before Hon. Marsha J. Pechman by Judge Marsha J. Pechman. (ADO)
July 13, 2007 Filing 29
SECOND AMENDED COMPLAINT against defendant(s) Microsoft Corporation with JURY DEMAND, filed by Kenneth Hansen, Dianne L Kelley.(MD, )
July 12, 2007 Opinion or Order Filing 27
STIPULATION AND PROPOSED ORDER Granting Leave to File Amended Complaint Subject to Conditions by parties. (Rummage, Stephen)
July 3, 2007 Opinion or Order Filing 26
ORDER The Court ADMITS Charles B Casper as pro hac vice atty for Defendant Microsoft Corporation, by Bruce Rifkin. (MD, )
June 29, 2007 Opinion or Order Filing 25
MINUTE ORDER memorializing scheduling conference by Judge Marsha J. Pechman. (ADO)
June 25, 2007 Filing 21
JOINT STATUS REPORT signed by all parties; estimated Trial Days: 10.. (Wilner, Mark)
June 22, 2007 Filing 20
REPLY, filed by Defendant Microsoft Corporation, TO RESPONSE to 12 MOTION to Dismiss Plaintiff's First Amended Complaint (Rummage, Stephen)
June 18, 2007 Filing 18
DECLARATION of Jeffrey M. Thomas in Support of Plaintiff's Opposition to Motion to Dismiss filed by Plaintiff Dianne L Kelley re 12 MOTION to Dismiss Plaintiff's First Amended Complaint (Thomas, Jeffrey)
June 6, 2007 Opinion or Order Filing 16
ORDER denying without prejudice 14 Motion for Leave to File Excess Pages by Judge Marsha J. Pechman.(ADO)
June 5, 2007 Filing 15
NOTICE of Change of Address of Attorney Stephen M. Rummage. Filed by Defendant Microsoft Corporation. (Rummage, Stephen)
May 25, 2007 Filing 13
DECLARATION of Khiota Therrien filed by Defendant Microsoft Corporation re 12 MOTION to Dismiss Plaintiff's First Amended Complaint (Rummage, Stephen)
May 14, 2007 Opinion or Order Filing 11
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENTJoint Status Report due by 6/25/2007, FRCP 26f Conference Deadline is 6/11/2007, Initial Disclosure Deadline is 6/18/2007 by Judge Marsha J. Pechman. (ADO)
May 10, 2007 Filing 9
NOTICE of Association of Attorney by William Candler Smart on behalf of Plaintiff Dianne L Kelley. (Smart, William)
May 8, 2007 Filing 7
Incorrect format, see corrected PDF at doc 8, AMENDED COMPLAINT against defendant(s) Microsoft Corporation with JURY DEMAND, filed by Dianne L Kelley.(Wilner, Mark) Modified on 5/10/2007 (ECS, ).
May 3, 2007 Filing 6
NOTICE of Change of Address of Attorney Michael Rosenberger. Filed by Plaintiff Dianne L Kelley. (Rosenberger, Michael)
April 20, 2007 Opinion or Order Filing 5
STIPULATION AND ORDER Extending Time to May 14, 2007 to Answer or Move Against Complaint re 4 Stipulation filed by Microsoft Corporation by Judge Marsha J. Pechman. (TS, )
April 19, 2007 Filing 4
STIPULATION AND PROPOSED ORDER Extending Time to Answer or Move Against Complaint by parties. (Rummage, Stephen)
April 3, 2007 Filing 2
SERVICE OF SUMMONS and Complaint returned executed upon defendant Microsoft Corporation on 3/30/2007 (MD, )
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Plaintiff: Dianne L Kelley
Represented By: Mark A Wilner
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Plaintiff: Kenneth Hansen
Represented By: Mark A Wilner
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Defendant: Microsoft Corporation
Represented By: Charles S Wright
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