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
Date Filed # Docket 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. (Entered: September 28, 2007)
September 27, 2007 2  Corporate Disclosures pursuant to Rule 7.1 by Microsoft Corporation.(epm) (Entered: September 28, 2007)
September 27, 2007 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). (Entered: 09/28/2007)
September 27, 2007 APPLICATION for Admission of Charles B. Casper, Pro Hac Vice by Microsoft Corporation.Filing Fee received $150.00, Receipt #569669. (epm) (Entered: September 28, 2007)
September 28, 2007 5  NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to Peter Breslauer. (epm) (Entered: September 28, 2007)
September 28, 2007 6  NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to Charles B. Casper. (epm) (Entered: September 28, 2007)
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) (Entered: October 1, 2007)
October 1, 2007   APPROVAL by Clerks Office re: 4 APPLICATION for Admission. Attorney Charles B. Casper for Microsoft Corporation added. (cdg) (Entered: October 1, 2007)
October 1, 2007 7  NOTICE of Appearance by Jerome D. Lee on behalf of Francisco Garcia (Lee, Jerome) (Entered: October 1, 2007)
October 2, 2007 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) (Entered: 10/02/2007)
October 2, 2007 9  NOTICE to all cnsl of record re 8 Order of Recusal (vs) (Entered: October 2, 2007)
October 2, 2007 10  MOTION to Remand to State Court with Brief In Support by Francisco Garcia. (Lee, Jerome) (Entered: October 2, 2007)
October 2, 2007 11  MOTION for Oral Argument re 10 MOTION to Remand to State Court by Francisco Garcia. (Lee, Jerome) (Entered: 10/02/2007)
October 3, 2007 12  STIPULATION Granting Extension of Time by Francisco Garcia, Microsoft Corporation. (Dickerson, Derin) (Entered: October 3, 2007)
October 4, 2007 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) (Entered: October 5, 2007)
October 11, 2007 14  ORDER granting 3 Application of Peter Breslauer for Admission Pro Hac Vice. Signed by Judge Clarence Cooper on 10/11/07. (vs) (Entered: October 12, 2007)
October 11, 2007 15  ORDER granting 4 Application of Charles B. Casper for Admission Pro Hac Vice. Signed by Judge Clarence Cooper on 10/11/07. (vs) (Entered: October 12, 2007)
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) (Entered: October 15, 2007)
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) (Entered: October 15, 2007)
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) (Entered: October 19, 2007)
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) (Entered: October 22, 2007)
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) (Entered: October 23, 2007)
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) (Entered: October 24, 2007)
October 26, 2007 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). (Entered: October 26, 2007)
October 29, 2007 21  Joint MOTION to Stay by Francisco Garcia, Microsoft Corporation. (Dickerson, Derin) (Entered: October 29, 2007)
October 30, 2007 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) (Entered: October 31, 2007)
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) (Entered: November 6, 2007)
November 9, 2007 23  RESPONSE in Opposition re 17 MOTION to Transfer Case to Western District of Washington filed by Francisco Garcia. (Lee, Jerome) (Entered: November 9, 2007)
November 9, 2007 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). (Entered: November 9, 2007)
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) (Entered: November 13, 2007)
November 14, 2007 25  Joint Certificate of Interested Persons by Francisco Garcia, Microsoft Corporation. (Dickerson, Derin) (Entered: November 14, 2007)
November 15, 2007 26  NOTICE Of Filing Affidavit by Francisco Garcia re 23 Response in Opposition to Motion (Lee, Jerome) (Entered: November 15, 2007)
Docket Report Last Checked: November 29, 2007 15:47:45 PST
Search for this case: Garcia v. Microsoft Corporation
Search Blogs[ Justia BlawgSearch | BlawgSearch Google Co-op | Blawg.com | Bloglines | Feedster | Google Blogsearch | Technorati ]
Search News[ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web[ Legal Web | Google | MSN | Yahoo | Ask ]
Plaintiff: Francisco Garcia
Represented By: Christopher C. Taylor, Jerome D. Lee
Search Dockets[ Dockets ]
Search Blogs[ Justia BlawgSearch | BlawgSearch Google Co-op | Blawg.com | Bloglines | Feedster | Google Blogsearch | Technorati ]
Search News[ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance[ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web[ Legal Web | Google | MSN | Yahoo | Ask ]
Defendant: Microsoft Corporation
Represented By: Derin Bronson Dickerson, Peter Breslauer, Kristine McAlister Brown, Charles B. Casper, John E. Stephenson, Jr.
Search Dockets[ Dockets ]
Search Blogs[ Justia BlawgSearch | BlawgSearch Google Co-op | Blawg.com | Bloglines | Feedster | Google Blogsearch | Technorati ]
Search News[ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance[ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web[ Legal Web | Google | MSN | Yahoo | Ask ]