Microsoft Corporation v. DHL Express (USA) Inc Featured Case

Plaintiff Microsoft Corporation its cargo was damaged during a derailment and that Defendant DHL Express (USA), Inc., who was carrying and handling the cargo, refused to pay Plaintiff's damages.

Plaintiff: Microsoft Corporation
Defendant: DHL Express (USA) Inc
Case Number: 2:2008cv01495
Filed: October 9, 2008
Court: US District Court for the Western District of Washington
Office: Contract: Marine Office
County: King
Presiding Judge: John C Coughenour
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 49:81 Damaged Goods While Being Transported
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Docket Report

This docket was last retrieved on June 25, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 25, 2010 Opinion or Order Filing 113 ORDER Granting 112 Stipulated Motion for Dismissal with Prejudice by Judge John C Coughenour. (TF)
June 22, 2010 Filing 112 STIPULATION AND PROPOSED ORDER RE DISMISSAL by parties. (Arenas, Paul)
May 25, 2010 Filing 111 MINUTE ORDER by John C. Coughenour, United States District Judge. The Court hereby STRIKES Defendant's motion to compel (Dkt. No. 78 ) as moot.(CL)
May 18, 2010 Filing 110 MINUTE ORDER by John C. Coughenour, United States District Judge. The Court STRIKES the following motions: 71 Motion for Partial Summary Judgment; 78 Motion to Compel Compliance with a Subpoena; 79 Motion for Protective Order; 83 Stipulated Motion to Extend a Deadline. (CL)
May 17, 2010 Filing 109 MINUTE ORDER by John C. Coughenour, United States District Judge. The Court GRANTS MOTIONS TO SEAL, docket nos. 68 , 70 , 74 , 77 and 95 . CL
May 11, 2010 Filing 108 MINUTE ORDER by John C. Coughenour, United States District Judge. The Court hereby STRIKES the trial date of June 7, 2010. The Court ORDERS the parties to appear at a status conference on July 7, 2010, at 9 a.m.(CL)
May 3, 2010 Filing 107 RESPONSE, by Movant Microsoft Corporation, to 78 SEALED MOTION to Compel Microsoft Corp. to Comply with a Subpoena; re 77 MOTION to Seal DHL's Motion to Compel Microsoft Corp. to Comply with a Subpoena ;. (Attachments: # 1 Proposed Order)(Cornelius, Frank)
May 2, 2010 Opinion or Order Filing 106 SEALED DOCUMENT Proposed Order Denying BNSF's Motion for Partial Summary Judgment by Plaintiff American Home Assurance Company re 95 MOTION to Seal AHA Oppositions to DHL Motion for Summary Judgment and BNSF Motion for Partial Summary Judgment (Arenas, Paul)
May 2, 2010 Filing 105 SEALED DOCUMENT Aeschbacher Declaration in Opposition to BNSF Motion for Partial Summary Judgment and Ex A by Plaintiff American Home Assurance Company re 95 MOTION to Seal AHA Oppositions to DHL Motion for Summary Judgment and BNSF Motion for Partial Summary Judgment (Arenas, Paul)
May 2, 2010 Filing 104 SEALED DOCUMENT Arenas Declaration in Opposition to BNSF Motion for Partial Summary Judgment by Plaintiff American Home Assurance Company re 95 MOTION to Seal AHA Oppositions to DHL Motion for Summary Judgment and BNSF Motion for Partial Summary Judgment (Attachments: # 1 Exhibit B, # 2 Exhibit C)(Arenas, Paul)
May 2, 2010 Filing 103 SEALED DOCUMENT AHA Opposition to BNSF Motion for Partial Summary Judgment by Plaintiff American Home Assurance Company re 95 MOTION to Seal AHA Oppositions to DHL Motion for Summary Judgment and BNSF Motion for Partial Summary Judgment (Arenas, Paul)
May 2, 2010 Opinion or Order Filing 102 SEALED DOCUMENT Proposed Order Denying DHL Motion for Summary Judgment by Plaintiff American Home Assurance Company re 95 MOTION to Seal AHA Oppositions to DHL Motion for Summary Judgment and BNSF Motion for Partial Summary Judgment, 98 SEALED MOTION to AHA Opposition to DHL Motion for Summary Judgment; re 95 MOTION to Seal AHA Oppositions to DHL Motion for Summary Judgment and BNSF Motion for Partial Summary Judgment ; (Arenas, Paul)
May 2, 2010 Filing 101 SEALED DOCUMENT Bristow Declaration in Support of AHA Opposition to DHL's Motion for Summary Judgment by Plaintiff American Home Assurance Company re 95 MOTION to Seal AHA Oppositions to DHL Motion for Summary Judgment and BNSF Motion for Partial Summary Judgment, 98 SEALED MOTION to AHA Opposition to DHL Motion for Summary Judgment; re 95 MOTION to Seal AHA Oppositions to DHL Motion for Summary Judgment and BNSF Motion for Partial Summary Judgment ; (Arenas, Paul)
May 2, 2010 Filing 100 SEALED DOCUMENT Best Declaration in Support of AHA's Opposition to DHL Motion for Summary Judgment by Plaintiff American Home Assurance Company re 95 MOTION to Seal AHA Oppositions to DHL Motion for Summary Judgment and BNSF Motion for Partial Summary Judgment, 98 SEALED MOTION to AHA Opposition to DHL Motion for Summary Judgment; re 95 MOTION to Seal AHA Oppositions to DHL Motion for Summary Judgment and BNSF Motion for Partial Summary Judgment ; (Arenas, Paul)
May 2, 2010 Filing 99 SEALED DOCUMENT Arenas Declaration in Support of AHA Opposition to DHL Motion for Summary Judgment by Plaintiff American Home Assurance Company re 95 MOTION to Seal AHA Oppositions to DHL Motion for Summary Judgment and BNSF Motion for Partial Summary Judgment, 98 SEALED MOTION to AHA Opposition to DHL Motion for Summary Judgment; re 95 MOTION to Seal AHA Oppositions to DHL Motion for Summary Judgment and BNSF Motion for Partial Summary Judgment ; (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F)(Arenas, Paul)
May 2, 2010 Filing 98 SEALED OPPOSITION to AHA Opposition to DHL Motion for Summary Judgment; re 95 MOTION to Seal AHA Oppositions to DHL Motion for Summary Judgment and BNSF Motion for Partial Summary Judgment ; by Plaintiff American Home Assurance Company. Noting Date 5/7/2010, (Arenas, Paul) Modified text on 5/17/2010 (CL).
May 2, 2010 Filing 97 PROPOSED ORDER (Unsigned) re 96 Declaration, 95 MOTION to Seal AHA Oppositions to DHL Motion for Summary Judgment and BNSF Motion for Partial Summary Judgment (Arenas, Paul)
May 2, 2010 Filing 96 DECLARATION of Paul Arenas filed by Plaintiff American Home Assurance Company re 95 MOTION to Seal AHA Oppositions to DHL Motion for Summary Judgment and BNSF Motion for Partial Summary Judgment (Arenas, Paul)
May 2, 2010 Filing 95 MOTION to Seal AHA Oppositions to DHL Motion for Summary Judgment and BNSF Motion for Partial Summary Judgment by Plaintiff American Home Assurance Company. Noting Date 5/14/2010, (Arenas, Paul)
April 28, 2010 Filing 94 DECLARATION of Paul Benzie filed by Movant Microsoft Corporation re 77 MOTION to Seal DHL's Motion to Compel Microsoft Corp. to Comply with a Subpoena, 70 MOTION to Seal Documents Designated "Confidential" Pursuant to Protective Order, 74 MOTION to Seal Summary Judgment Papers (Cornelius, Frank)
April 28, 2010 Filing 93 DECLARATION of Marc Shea filed by Movant Microsoft Corporation re 77 MOTION to Seal DHL's Motion to Compel Microsoft Corp. to Comply with a Subpoena, 70 MOTION to Seal Documents Designated "Confidential" Pursuant to Protective Order, 74 MOTION to Seal Summary Judgment Papers (Cornelius, Frank)
April 28, 2010 Filing 92 DECLARATION of Bill Best filed by Movant Microsoft Corporation re 77 MOTION to Seal DHL's Motion to Compel Microsoft Corp. to Comply with a Subpoena, 70 MOTION to Seal Documents Designated "Confidential" Pursuant to Protective Order, 74 MOTION to Seal Summary Judgment Papers (Cornelius, Frank)
April 28, 2010 Filing 91 RESPONSE, by Movant Microsoft Corporation, to 77 MOTION to Seal DHL's Motion to Compel Microsoft Corp. to Comply with a Subpoena, 70 MOTION to Seal Documents Designated "Confidential" Pursuant to Protective Order, 74 MOTION to Seal Summary Judgment Papers. (Attachments: # 1 Proposed Order)(Cornelius, Frank)
April 28, 2010 Filing 90 DECLARATION of Paul B. Arenas filed by Plaintiff American Home Assurance Company re 70 MOTION to Seal Documents Designated "Confidential" Pursuant to Protective Order (Arenas, Paul)
April 28, 2010 Filing 89 RESPONSE, by Plaintiff American Home Assurance Company, to 70 MOTION to Seal Documents Designated "Confidential" Pursuant to Protective Order. (Arenas, Paul)
April 28, 2010 Filing 88 DECLARATION of Paul B. Arenas filed by Plaintiff American Home Assurance Company re 74 MOTION to Seal Summary Judgment Papers (Arenas, Paul)
April 28, 2010 Filing 87 RESPONSE, by Plaintiff American Home Assurance Company, to 74 MOTION to Seal Summary Judgment Papers. (Arenas, Paul)
April 23, 2010 Filing 86 Supplemental DECLARATION of Frank Cornelius filed by Movant Microsoft Corporation re 79 MOTION for Protective Order (by Non-Party Microsoft Corporation) (Cornelius, Frank)
April 23, 2010 Filing 85 REPLY, filed by Movant Microsoft Corporation, TO RESPONSE to 79 MOTION for Protective Order (by Non-Party Microsoft Corporation) (Cornelius, Frank)
April 21, 2010 Filing 84 RESPONSE, by Counter Defendants DHL Express (USA) Inc, DHL Express (USA) Inc, Third Party Plaintiffs DHL Express (USA) Inc, DHL Express (USA) Inc, Defendant DHL Express (USA) Inc, to 79 MOTION for Protective Order (by Non-Party Microsoft Corporation). (Attachments: # 1 Declaration of David D. Jensen, # 2 Exhibit 1, # 3 Exhibit 2)(Jensen, David)
April 14, 2010 Filing 83 Stipulated MOTION AND PROPOSED ORDER to Adjourn the Date for Defendants' PTO by 3 Days Due to the Scheduled Mediation by Counter Defendants DHL Express (USA) Inc, DHL Express (USA) Inc, Third Party Plaintiffs DHL Express (USA) Inc, DHL Express (USA) Inc, Defendant DHL Express (USA) Inc. Noting Date 4/14/2010, (Jensen, David) Modified text on 4/15/2010 (CL).
April 14, 2010 Filing 82 AMENDMENT to Correct Note Date to 4/30/2010 to 74 MOTION to Seal Summary Judgment Papers by Counter Defendants DHL Express (USA) Inc, DHL Express (USA) Inc, Third Party Plaintiffs DHL Express (USA) Inc, DHL Express (USA) Inc, Defendant DHL Express (USA) Inc. (Jensen, David)
April 10, 2010 Filing 81 DECLARATION of Steve Aeschbacher filed by Movant Microsoft Corporation re 79 MOTION for Protective Order (by Non-Party Microsoft Corporation) (Cornelius, Frank)
April 9, 2010 Filing 80 DECLARATION of Frank Cornelius filed by Movant Microsoft Corporation re 79 MOTION for Protective Order (by Non-Party Microsoft Corporation) (Attachments: # 1 Exhibit 1 through 4, # 2 Exhibit 5 through 9)(Cornelius, Frank)
April 9, 2010 Filing 79 MOTION for Protective Order (by Non-Party Microsoft Corporation) (Attachments: # 1 Proposed Order) Noting Date 4/23/2010, (Cornelius, Frank)
April 9, 2010 Filing 78 SEALED MOTION to Compel Microsoft Corp. to Comply with a Subpoena; re 77 MOTION to Seal DHL's Motion to Compel Microsoft Corp. to Comply with a Subpoena ; by Counter Defendants DHL Express (USA) Inc, DHL Express (USA) Inc, Third Party Plaintiffs DHL Express (USA) Inc, DHL Express (USA) Inc, Defendant DHL Express (USA) Inc. (Attachments: # 1 Proposed Order, # 2 Declaration of James W. Carbin, # 3 Certificate of Service, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20) Noting Date 5/7/2010, (Jensen, David)
April 9, 2010 Filing 77 MOTION to Seal DHL's Motion to Compel Microsoft Corp. to Comply with a Subpoena by Counter Defendants DHL Express (USA) Inc, DHL Express (USA) Inc, Third Party Plaintiffs DHL Express (USA) Inc, DHL Express (USA) Inc, Defendant DHL Express (USA) Inc. (Attachments: # 1 Proposed Order) Noting Date 4/30/2010, (Jensen, David)
April 9, 2010 Filing 76 SEALED DOCUMENT Declaration of Counsel and Exhibits by Defendant DHL Express (USA) Inc re 75 SEALED MOTION to Summary Judgment; re 74 MOTION to Seal Summary Judgment Papers ; (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Waller, Thomas)
April 9, 2010 Filing 75 SEALED MOTION to Summary Judgment; PROPOSED ORDER order re 74 MOTION to Seal Summary Judgment Papers ; by Defendant DHL Express (USA) Inc. (Attachments: # 1 Proposed Order) Noting Date 5/7/2010, (Waller, Thomas) Modified text on 5/17/2010 (CL).
April 9, 2010 Filing 74 MOTION to Seal Summary Judgment Papers by Defendant DHL Express (USA) Inc. (Attachments: # 1 Proposed Order) Noting Date 4/20/2010, (Waller, Thomas)
April 9, 2010 Filing 73 SEALED DOCUMENT Exhibits A-D to Scarp Declaration re Motion for Partial Summary Judgment to Limit Damages of Plaintiff by ThirdParty Defendant BNSF Railway Company re 70 MOTION to Seal Documents Designated "Confidential" Pursuant to Protective Order (Scarp, Bradley)
April 9, 2010 Filing 72 DECLARATION of Bradley Scarp filed by ThirdParty Defendant BNSF Railway Company re 71 MOTION for Partial Summary Judgment to Limit Damages of Plaintiff (Scarp, Bradley)
April 9, 2010 Filing 71 MOTION for Partial Summary Judgment to Limit Damages of Plaintiff by ThirdParty Defendant BNSF Railway Company. (Attachments: # 1 Proposed Order) Noting Date 5/7/2010, (Scarp, Bradley)
April 9, 2010 Filing 70 MOTION to Seal Documents Designated "Confidential" Pursuant to Protective Order by ThirdParty Defendant BNSF Railway Company. (Attachments: # 1 Exhibit, # 2 Proposed Order) Noting Date 4/30/2010, (Scarp, Bradley)
April 7, 2010 Filing 69 SEALED DOCUMENT Plaintiff's Pretrial Statement by Plaintiff American Home Assurance Company re 68 MOTION to Seal Plaintiff's Pretrial Statement (Arenas, Paul)
April 7, 2010 Filing 68 MOTION to Seal Plaintiff's Pretrial Statement by Plaintiff American Home Assurance Company. (Attachments: # 1 Proposed Order Granting Plaintiff's Motion to file Pretrial Statement Under Seal, # 2 Exhibit Arenas Declaration in Support of Plaintiff's Motion to file Pretrial Statement under seal) Noting Date 4/16/2010, (Arenas, Paul)
April 1, 2010 Filing 67 STIPULATION AND PROPOSED ORDER TO PERMIT THE TAKING OF DHL AND BNSF 30B6 DEPOSITIONS AFTER DISCOVERY DEADLINE by parties. (Arenas, Paul)
March 18, 2010 Opinion or Order Filing 66 ORDER re 65 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney David D. Jensen for DHL Express (USA) Inc, by Bruce Rifkin. (No document associated with this docket entry, text only.)(DS)
March 17, 2010 Filing 65 APPLICATION OF ATTORNEY David D. Jensen FOR LEAVE TO APPEAR PRO HAC VICE for Defendant DHL Express (USA) Inc (Fee Paid) Receipt No. 09810000000002013667. (Attachments: # 1 ECF Application)(Moynihan, James)
February 22, 2010 Filing 64 CORPORATE DISCLOSURE STATEMENT pursuant to FRCP 7.1. by BNSF Railway Company Filed by ThirdParty Defendant BNSF Railway Company.(Scarp, Bradley)
February 12, 2010 Opinion or Order Filing 63 MINUTE ORDER by Judge John C Coughenour. This matter comes before the Court sua sponte. The Court hereby DECREES that all trial deadlines not established in the Court's earlier order (see Dkt. No. 61 ) are established by operation of local rule. (KL)
October 12, 2009 Filing 62 NOTICE of Change of Address of Attorney Paul B Arenas. Filed by Plaintiff American Home Assurance Company. (Arenas, Paul)
October 9, 2009 Opinion or Order Filing 61 ORDER John C Coughenour. The Court GRANTS 60 Stipulated Motion for a trial continuance. The Court extends the following deadlines: Discovery completed by 4/9/2010, Dispositive motions due by 4/9/2010, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 3/5/2010, Rebuttal Expert Disclosure/Reports due by 4/2/2010, Jury Trial is set for 6/7/2010 before Judge John C Coughenour. (CL)
October 5, 2009 Filing 60 Stipulated MOTION to Adjust Deadlines and for Trial Continuance by ThirdParty Defendant BNSF Railway Company. Noting Date 10/5/2009, (Scarp, Bradley)
September 25, 2009 Opinion or Order Filing 59 ORDER DENYING 36 Motion to Compel by Judge John C Coughenour. The Court DENIES Defendants motion, and ORDERS the parties to hold a face-to-face or telephonic conference where they are FURTHER ORDERED to make a good-faith effort to resolve this dispute without resort to action by this Court. (KL)
August 28, 2009 Filing 58 RESPONSE by Defendant DHL Express (USA) Inc re 57 Minute Order,. (Attachments: # 1 Exhibit A)(Moynihan, James)
August 24, 2009 Filing 57 MINUTE ORDER by John C. Coughenour, United States District Judge. Having issued a stipulated protective order in this matter (Dkt. No. 56 ), the Court is inclined to find that Plaintiff's pending motion to compel (Dkt. No. 45 ) is moot. The Court therefore ORDERS the parties to notify the Court of any objections they might have to such an order by no later than Friday, August 28, 2009.(CL)
August 20, 2009 Opinion or Order Filing 56 STIPULATED PROTECTIVE ORDER RE: 45 MOTION for Protective Order filed by American Home Assurance Company, by Judge John C Coughenour. (MD)
August 14, 2009 Filing 55 STIPULATION AND PROPOSED ORDER FOR PROTECTIVE ORDER by parties. (Arenas, Paul)
July 29, 2009 Filing 54 PROPOSED ORDER (Unsigned) re 45 MOTION for Protective Order [AMENDED PROPOSED ORDER PER REPLY BRIEF] (Arenas, Paul)
July 28, 2009 Filing 53 REPLY, filed by Plaintiff American Home Assurance Company, TO RESPONSE to 45 MOTION for Protective Order (Arenas, Paul)
July 23, 2009 Filing 52 DECLARATION of Debra Dickerson filed by ThirdParty Defendant BNSF Railway Company re 45 MOTION for Protective Order (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Dickerson, Debra)
July 23, 2009 Filing 51 DECLARATION of James Carbin filed by Defendant DHL Express (USA) Inc re 45 MOTION for Protective Order (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Moynihan, James)
July 23, 2009 Filing 50 RESPONSE, by ThirdParty Defendant BNSF Railway Company, to 45 MOTION for Protective Order. (Dickerson, Debra)
July 23, 2009 Filing 49 RESPONSE, by Defendant DHL Express (USA) Inc, to 45 MOTION for Protective Order. (Attachments: # 1 Proposed Order)(Moynihan, James)
July 20, 2009 Filing 48 ERRATA -EXHIBIT E TO ARENAS DECLARATION by Plaintiff American Home Assurance Company. (Arenas, Paul)
July 20, 2009 Noting Date Set/Reset re 45 MOTION for Protective Order : Noting Date 7/28/2009. (CL)
July 17, 2009 Filing 47 DECLARATION of Paul B. Arenas filed by Plaintiff American Home Assurance Company re 45 MOTION for Protective Order (Attachments: # 1 Exhibit A - Email to Defense Counsel, # 2 Exhibit B DHL DISCOVERY TO AHA, # 3 Exhibit C - BNSF DISCOVERY TO AHA, # 4 Exhibit D - FAX FROM CARBIN, # 5 Exhibit E- EMAIL TO DEFENSE COUNSEL, # 6 Exhibit F - EMAIL TO DEFENSE COUNSEL, # 7 Exhibit G - FAX FROM CARBIN, # 8 Exhibit H - EMAIL TO CARBIN, # 9 Exhibit I - SAMPLE PO)(Arenas, Paul)
July 17, 2009 Filing 46 DECLARATION of David Owen Roberts filed by Plaintiff American Home Assurance Company re 45 MOTION for Protective Order (Arenas, Paul)
July 17, 2009 Filing 45 MOTION for Protective Order by Plaintiff American Home Assurance Company. (Attachments: # 1 Exhibit Protective Order [PROPOSED]) Noting Date 7/24/2009, (Arenas, Paul)
June 12, 2009 Filing 44 NOTICE of Reply to Plaintiff's Opposition to BNSF's Joinder to Motion to Compel ; filed by ThirdParty Defendant BNSF Railway Company. (Scarp, Bradley)
June 12, 2009 Filing 43 NOTICE of Opposition to BNSF Joinder in DHL Motion to Compel re 39 Notice of Joinder ; filed by Plaintiff American Home Assurance Company. (Arenas, Paul)
June 12, 2009 Filing 42 DECLARATION of James Carbin filed by Defendant DHL Express (USA) Inc re 36 MOTION to Compel (Attachments: # 1 Exhibit 7 and 8)(Moynihan, James)
June 12, 2009 Filing 41 REPLY, filed by Defendant DHL Express (USA) Inc, TO RESPONSE to 36 MOTION to Compel (Moynihan, James)
June 8, 2009 Filing 40 RESPONSE, by Plaintiff American Home Assurance Company, to 36 MOTION to Compel. (Attachments: # 1 Supplement Declaration of George W. Nowell, # 2 Declaration of Paul B. Arenas, # 3 Proposed Order Proposed Order)(Whitehead, James)
June 8, 2009 Filing 39 NOTICE of Joinder JOINING 36 MOTION to Compel, by ThirdParty Defendant BNSF Railway Company. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Dickerson, Debra)
May 22, 2009 Filing 38 DECLARATION of James Moynihan filed by Defendant DHL Express (USA) Inc re 36 MOTION to Compel (Moynihan, James)
May 22, 2009 Filing 37 DECLARATION of James Carbin filed by Defendant DHL Express (USA) Inc re 36 MOTION to Compel (Attachments: # 1 Exhibit 1 through 6)(Moynihan, James)
May 22, 2009 Filing 36 MOTION to Compel by Defendant DHL Express (USA) Inc. (Attachments: # 1 Proposed Order) Noting Date 6/12/2009, (Moynihan, James)
February 19, 2009 Filing 35 ANSWER to 31 Amended Complaint, THIRD PARTY COMPLAINT against BNSF Railway Company, CMA CGM, CMA CGM (America) LLC, Burlington Northern Santa Fe Corporation by DHL Express (USA) Inc.(Moynihan, James)
February 18, 2009 Reset Deadlines: Pleading amendment/3rd pty action due by 5/15/2009. (CL)
February 4, 2009 Summons Issued as per praecipe to issue sms, docket no 34 . (VP)
February 3, 2009 Filing 34 PRAECIPE TO ISSUE SUMMONS by Plaintiff American Home Assurance Company. (Attachments: # 1 Summons)(Whitehead, James)
February 2, 2009 Filing 33 PRAECIPE TO ISSUE SUMMONS by Plaintiff American Home Assurance Company. (Attachments: # 1 Exhibit Original summons before complaint amended)(Whitehead, James)
January 28, 2009 Filing 32 MINUTE ORDER by John C. Coughenour, United States District Judge. Pursuant to the Stipulation and Order of Substitution of Plaintiff and Dismissal of Microsoft Corporation (Dkt. No. 30 ), the Clerk is hereby directed to replace "Microsoft Corporation" with "American Home Assurance Company" as the Plaintiff in the case caption. (CL)
January 28, 2009 Party American Home Assurance Company rep by George W Nowell, James F Whitehead, III, Paul B Arenas added per 31 Amended Complaint. (KN)
January 27, 2009 Filing 31 AMENDED COMPLAINT FOR CARGO DAMAGE against defendant(s) all parties with JURY DEMAND, filed by Microsoft Corporation.(Whitehead, James)
January 23, 2009 Opinion or Order Filing 30 STIPULATION AND ORDER OF SUBSTITUTION OF PLAINTIFF AND DISMISSAL OF MICROSOFT CORPORATION, by Judge John C Coughenour. (CL) (cc: mailed to atty G. Nowell).
January 22, 2009 Filing 29 MINUTES OF STATUS CONFERENCE: JCC; Dep Clerk: JM; CR: Roth; Counsel: Nowell/Arenas/Whitehead/Carbin/Dickerson/Warner/Moynihan; Called, counsel advises the Court of status. Court directs counsel to be guided by Local Civil Rule 16 in completing discovery and filing dispositive motions. Note that all depositions, discovery and perpetuation, must be completed before the discovery completion date. Jury instructions, if any, are to be filed with the Clerk and shall include an original version and two copies thereof, each numbered sequentially and with citations, and one copy on plain white paper without numbering or citations. Counsel are advised that the Court will rely primarily upon the Manual of Model Jury Instructions for the Ninth Circuit in preparation of final instructions for submission to the jury. Counsel are advised that this case is one of several cases set for the week described below. Counsel must be prepared to commence trial as scheduled, but it must be understood that the trial may have to be continued. The Clerk should be contacted as the trial date approaches for further information regarding the calendar. Pretrial and trial schedule are set as follows: Jury Trial is set for 3/8/2010 at 09:30 AM before Judge John C Coughenour. Pretrial Order due by 2/26/2010, Pleading amendment/3rd pty action due by 5/15/2009, 39.1 mediation to be completed by 8/14/2009, Trial briefs to be submitted by 3/4/2010, Proposed voir dire/jury instructions due by 3/4/2010, (JM) Modified on 2/18/2009 (CL).
January 21, 2009 Filing 28 STIPULATION AND PROPOSED ORDER FOR SUBSTITUTION OF PLAINTIFF AND DISMISSAL OF MICROSOFT CORPORATION by parties. (Whitehead, James)
January 21, 2009 Filing 27 Reply to Counterclaim as ANSWER to 21 Answer to Third Party Complaint,, Crossclaim,, Counterclaim, by DHL Express (USA) Inc.(Moynihan, James)
January 20, 2009 Filing 26 ANSWER to 21 Answer to Third Party Complaint,, Crossclaim,, Counterclaim, by BNSF Railway Company.(Montgomery, William)
January 7, 2009 Opinion or Order Filing 25 ORDER re 23 Application for Leave to Appear Pro Hac Vice. The Court ADMITS atty Paul B Arenas for pltf Microsoft Corporation, by Bruce Rifkin. (No document associated with this docket entry, text only.)(CL)
January 7, 2009 Opinion or Order Filing 24 ORDER re 22 Application for Leave to Appear Pro Hac Vice. The Court ADMITS atty George W Nowell for pltf Microsoft Corporation, by Bruce Rifkin. (No document associated with this docket entry, text only.) (cc; ecf atty application mailed to atty G. Nowell).(CL)
January 7, 2009 Filing 23 APPLICATION OF ATTORNEY Paul B. Arenas FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Microsoft Corporation (Fee Paid) Receipt No. 09810000000001636791. (Attachments: # 1 Appendix Attorney Registration)(Whitehead, James)
January 7, 2009 Filing 22 APPLICATION OF ATTORNEY George W.Nowell FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Microsoft Corporation (Fee Paid) Receipt No. 09810000000001636710. (Whitehead, James)
January 5, 2009 HEARING RESCHEDULED: Status Conference set for 1/22/2009 will commence at 09:00 AM before Judge John C Coughenour. (JM)
December 31, 2008 Filing 21 ANSWER to 3 Third Party Complaint AMENDED ANSWER TO THIRD PARTY COMPLAINT AND COUNTERCLAIM AND CROSS-CLAIM, CROSSCLAIM against defendant BNSF Railway Company, Burlington Northern Santa Fe Corporation, COUNTERCLAIM against plaintiff DHL Express (USA) Inc by CMA CGM, CMA CGM (America) LLC.(Warner, Marc)
December 12, 2008 Filing 20 ANSWER to 3 Third Party Complaint, CROSSCLAIM against defendant BNSF Railway Company, Burlington Northern Santa Fe Corporation, COUNTERCLAIM against plaintiff DHL Express (USA) Inc by CMA CGM, CMA CGM (America) LLC.(Warner, Marc)
November 25, 2008 Filing 19 ACCEPTANCE OF SERVICE of summons and complaint by counsel Marc E. Warner on behalf of ThirdParty Defendant CMA CGM on 11/19/2008. (Moynihan, James)
November 19, 2008 Filing 18 CORPORATE DISCLOSURE STATEMENT pursuant to FRCP 7.1. by DHL Express (USA) Inc identifying Corporate Parent Deutsche Post AG for DHL Express (USA) Inc, DHL Express (USA) Inc. Filed by Third Party Plaintiffs DHL Express (USA) Inc, Deutsche Post AG, Defendants DHL Express (USA) Inc, Deutsche Post AG.(Moynihan, James)
November 18, 2008 Filing 17 CORPORATE DISCLOSURE STATEMENT pursuant to FRCP 7.1. by BNSF Railway Company, Burlington Northern Santa Fe Corporation Filed by Third Party Defendants BNSF Railway Company, Burlington Northern Santa Fe Corporation.(Scarp, Bradley)
November 13, 2008 Filing 16 NOTICE of Appearance by attorney Marc E. Warner on behalf of ThirdParty Defendant CMA CGM. (Warner, Marc)
November 12, 2008 Filing 15 ANSWER to 3 Third Party Complaint brought by DHL Express (USA), Inc. with JURY DEMAND by BNSF Railway Company, Burlington Northern Santa Fe Corporation.(Scarp, Bradley)
November 11, 2008 Filing 14 NOTICE of Appearance by attorney Bradley P Scarp on behalf of ThirdParty Defendant BNSF Railway Company. (Scarp, Bradley)
November 11, 2008 Filing 13 NOTICE Plaintiff's FRCP 7.1 Disclosure Statement ; filed by Plaintiff Microsoft Corporation. (Whitehead, James)
November 10, 2008 Filing 12 STATEMENT LR 7.1 Disclosure Statement by ThirdParty Defendant CMA CGM (America) LLC. (Warner, Marc)
November 10, 2008 Filing 11 NOTICE of Appearance by attorney Marc E. Warner on behalf of ThirdParty Defendant CMA CGM (America) LLC. (Warner, Marc)
November 5, 2008 Opinion or Order Filing 10 ORDER re 9 Application for Leave to Appear Pro Hac Vice. The Court ADMITS James W Carbin for DHL Express (USA) Inc, by Bruce Rifkin. (No document associated with this docket entry, text only.)(RS)
November 5, 2008 Filing 9 APPLICATION OF ATTORNEY James W. Carbin FOR LEAVE TO APPEAR PRO HAC VICE for ThirdParty Plaintiff DHL Express (USA) Inc, Defendant DHL Express (USA) Inc (Fee Paid) Receipt No. 09810000000001593237. (Attachments: # 1 Supplement)(Moynihan, James)
October 24, 2008 Filing 8 SERVICE OF SUMMONS and Complaint returned executed upon defendant CMA CGM on 10/22/2008 (TS, )
October 24, 2008 Filing 7 SERVICE OF SUMMONS and Complaint returned executed upon defendant BNSF Railway Company on 10/22/2008 (TS, )
October 21, 2008 Filing 6 PRAECIPE TO ISSUE SUMMONS, by Defendant DHL Express (USA) Inc, summonses issued by clerk. (TS, )
October 17, 2008 Opinion or Order Filing 5 ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge John C Coughenour. (JM)
October 17, 2008 Filing 4 MINUTE ENTRY setting status conference: The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case, 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc., 3. The status of discovery and a time schedule for its completion, 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule, 5. An estimate of the number of days needed for trial, 6. Whether the case is jury or non-jury, 7. The date by which the case will be ready for trial, and 8. Settlement probabilities. Counsel for all parties are required to appear at the conference. If counsel office is outside of Seattle, arrangements can be made for telephonic participation in the conference. If counsel wish to make such arrangements, they should contact Julie Mahnke, Deputy Clerk at 206-370-8805. COUNSEL FOR THE PLAINTIFF IS DIRECTED TO NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED CONFERENCE. Status Conference set for 1/22/2009 at 09:30 AM before Judge John C Coughenour. (JM)
October 15, 2008 Filing 3 THIRD PARTY COMPLAINT against BNSF Railway Company, CMA CGM, Burlington Northern Santa Fe Corporation, filed by DHL Express (USA) Inc. (Attachments: # 1 Exhibit 1)(Moynihan, James)
October 15, 2008 Filing 2 ANSWER to 1 Complaint by DHL Express (USA) Inc.(Moynihan, James)
October 9, 2008 Filing 1 COMPLAINT FOR CARGO DAMAGE against defendant(s) DHL Express (USA), Inc (Summons(es) issued)(Receipt #: SEA21063), filed by Microsoft Corporation. (Attachments: # 1 Civil Cover Sheet, # 2 Transmittal email) # 3 Exhibit-A (DJ).

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Search for this case: Microsoft Corporation v. DHL Express (USA) Inc
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Plaintiff: Microsoft Corporation
Represented By: James F Whitehead, III
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Defendant: DHL Express (USA) Inc
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