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

Available Case Documents

The following documents for this case are available for you to view or download.
Date Filed#Document Text
September 27, 20071NOTICE 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.
September 27, 20072Corporate Disclosures pursuant to Rule 7.1 by Microsoft Corporation.(epm)
September 27, 20073APPLICATION 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, 20074APPLICATION for Admission of Charles B. Casper, Pro Hac Vice by Microsoft Corporation.Filing Fee received $150.00, Receipt #569669. (epm)
September 28, 20075NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to Peter Breslauer. (epm)
September 28, 20076NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to Charles B. Casper. (epm)
October 1, 20077NOTICE of Appearance by Jerome D. Lee on behalf of Francisco Garcia (Lee, Jerome)
October 2, 20078Court Opinion or Order 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 2, 20079NOTICE to all cnsl of record re 8 Order of Recusal (vs)
October 2, 200710MOTION to Remand to State Court with Brief In Support by Francisco Garcia. (Lee, Jerome)
October 2, 200711MOTION for Oral Argument re 10 MOTION to Remand to State Court by Francisco Garcia. (Lee, Jerome)
October 3, 200712STIPULATION Granting Extension of Time by Francisco Garcia, Microsoft Corporation. (Dickerson, Derin)
October 4, 200713Court Opinion or Order 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 11, 200714Court Opinion or Order ORDER granting [3] Application of Peter Breslauer for Admission Pro Hac Vice. Signed by Judge Clarence Cooper on 10/11/07. (vs)
October 11, 200715Court Opinion or Order ORDER granting [4] Application of Charles B. Casper for Admission Pro Hac Vice. Signed by Judge Clarence Cooper on 10/11/07. (vs)
October 15, 200716MOTION 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 15, 200717MOTION 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 22, 200718MOTION 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 24, 200719RESPONSE in Opposition re 10 MOTION to Remand to State Court filed by Microsoft Corporation. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Brown, Kristine)
October 26, 200720NOTICE Of Filing by Microsoft Corporation re 19 Response in Opposition to Motion Exh. A to Declaration (Brown, Kristine)
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Plaintiff: Francisco Garcia
Represented By: Christopher C. Taylor, Jerome D. Lee
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Defendant: Microsoft Corporation
Represented By: Derin Bronson Dickerson, Peter Breslauer, Kristine McAlister Brown, Charles B. Casper, John E. Stephenson, Jr.
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