Ling v. Microsoft Corporation

Plaintiff filed a class action suit against Microsoft Corp. and alleged that the Microsoft Xbox 360 video game system frequently scratches CD-ROM and DVD-ROM discs, rendering them unusable by the consumer.
Plaintiff:Heide Ling
Defendant:Microsoft Corporation
 
Case Number:2:2007cv01271
Filed:August 14, 2007
 
Court:Washington Western District Court
Office:Seattle Office [ Court Info ]
County:XX US, Outside District
Presiding Judge: James L. Robart
 
Nature of Suit:Contract - Other Contract
Cause:28:1332 Diversity-Breach of Contract
Jurisdiction:Diversity
Jury Demanded By:Plaintiff

Date Filed

#

Docket Text

August 14, 2007 1 COMPLAINT and JURY DEMANDED against defendants Microsoft Corporation (Summons(es) issued)(Receipt # SEA 11472), filed by Heide Ling. (Attachments: # 1 Civil Cover Sheet # 2 Email confirmation re case number, judge assignment, filing fee & summons)(PM, ) (Entered: August 17, 2007)
August 20, 2007 2 Joint MOTION to Consolidate Cases and Appoint Interim Class Counsel by Plaintiff Heide Ling. (Attachments: # 1 Exhibit A# 2 Proposed Order)Noting Date 9/7/2007.(Williams-Derry, Amy) (Entered: August 20, 2007)
August 20, 2007 3 DECLARATION of Mark A. Griffin in Support of Designation of Keller Rohrback L.L.P. as Interim Counsel for the Putative Class filed by Plaintiff Heide Ling re 2 Joint MOTION to Consolidate Cases and Appoint Interim Class Counsel (Attachments: # 1 Exhibit A)(Williams-Derry, Amy) (Entered: August 20, 2007)
August 20, 2007 4 DECLARATION of Eric J. Benink in Support of Designation of Kruase Kalfayan Benink & Slavens, LLP, as Interim Counsel for the Putative Class filed by Plaintiff Heide Ling re 2 Joint MOTION to Consolidate Cases and Appoint Interim Class Counsel (Attachments: # 1 Exhibit A)(Williams-Derry, Amy) (Entered: August 20, 2007)
August 20, 2007 5 DECLARATION of Jeffrey Ostrow in Support of Designation of The Hodkin Kopelowitz Ostrow Firm, P.A., as Interim Counsel for the Putative Class filed by Plaintiff Heide Ling re 2 Joint MOTION to Consolidate Cases and Appoint Interim Class Counsel (Williams-Derry, Amy) (Entered: August 20, 2007)
August 20, 2007 6 DECLARATION of Richard L. Kellner in Support of Designation of Kabateck Brown Kellner as Interim Counsel for the Putative Class filed by Plaintiff Heide Ling re 2 Joint MOTION to Consolidate Cases and Appoint Interim Class Counsel (Williams-Derry, Amy) (Entered: August 20, 2007)
August 20, 2007 7 DECLARATION of Melissa M. Harnett in Support of Designation of Wasserman, Comden & Casselman LLP as Inteirm Counsel for the Putative Class filed by Plaintiff Heide Ling re 2 Joint MOTION to Consolidate Cases and Appoint Interim Class Counsel (Williams-Derry, Amy) (Entered: August 20, 2007)
August 20, 2007 8 DECLARATION of Eric Lee in Support of Designation of Keller Rohrback L.L.P. as Interim Counsel for the Putative Class filed by Plaintiff Heide Ling re 2 Joint MOTION to Consolidate Cases and Appoint Interim Class Counsel (Williams-Derry, Amy) (Entered: August 20, 2007)
August 20, 2007 9 DECLARATION of Kevin Coluccio in Support of Designation of Stritmatter Kessler Whelan Coluccio as Interim Counsel for the Putative Class filed by Plaintiff Heide Ling re 2 Joint MOTION to Consolidate Cases and Appoint Interim Class Counsel (Williams-Derry, Amy) (Entered: August 20, 2007)
August 20, 2007 10 DECLARATION of Darren T. Kaplan in Support of Designation of Chitwood Harley Harnes LLP as Inteirm Counsel for the Putative Class filed by Plaintiff Heide Ling re 2 Joint MOTION to Consolidate Cases and Appoint Interim Class Counsel (Attachments: # 1 Exhibit A)(Williams-Derry, Amy) (Entered: August 20, 2007)
August 20, 2007 11 CERTIFICATE OF SERVICE by Plaintiff Heide Ling re 4 Declaration, 2 Joint MOTION to Consolidate Cases and Appoint Interim Class Counsel, 3 Declaration, 7 Declaration, 6 Declaration, 8 Declaration, 5 Declaration, 10 Declaration, 9 Declaration,. (Williams-Derry, Amy) (Entered: August 20, 2007)
August 21, 2007 12 APPLICATION OF ATTORNEY Jeffrey M. Ostrow FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Heide Ling (Fee Paid) Receipt No. 1219350. (Attachments: # 1 ECF Registration Form)(Williams-Derry, Amy) (Entered: August 21, 2007)
August 21, 2007 13 APPLICATION OF ATTORNEY David L. Ferguson FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Heide Ling (Fee Paid) Receipt No. 1219376. (Attachments: # 1 ECF Registration Form)(Williams-Derry, Amy) (Entered: August 21, 2007)
August 21, 2007 14 APPLICATION OF ATTORNEY Adam J. Hodkin FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Heide Ling (Fee Paid) Receipt No. 1219382. (Attachments: # 1 ECF Registration Form)(Williams-Derry, Amy) (Entered: August 21, 2007)
August 21, 2007 15 ORDER re 14 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Adam J Hodkin as pro hac vice atty for Plaintiff Heide Ling, by Bruce Rifkin. (No document associated with this docket entry, text only.)(MD, ) (Entered: August 21, 2007)
August 21, 2007 16 ORDER re 13 Application for Leave to Appear Pro Hac Vice. The Court ADMITS David L Ferguson as pro hac vice atty for Plaintiff Heide Ling, by Bruce Rifkin. (No document associated with this docket entry, text only.)(MD, ) (Entered: August 21, 2007)
August 21, 2007 17 ORDER re 12 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Jeffrey M Ostrow as pro hac vice atty for Plaintiff Heide Ling, by Bruce Rifkin. (No document associated with this docket entry, text only.)(MD, ) (Entered: August 21, 2007)
August 24, 2007 18 SERVICE OF SUMMONS and Complaint returned executed upon defendant Microsoft Corporation on 8/21/2007 (MD, ) (Entered: August 27, 2007)
August 31, 2007 19 NOTICE of Appearance by attorney Stephen M. Rummage on behalf of Defendant Microsoft Corporation. (Rummage, Stephen) (Entered: August 31, 2007)
August 31, 2007 20 RESPONSE, by Defendant Microsoft Corporation, to 2 Joint MOTION to Consolidate Cases and Appoint Interim Class Counsel. (Attachments: # 1 Exhibit A# 2 Proposed Order)(Rummage, Stephen) (Entered: August 31, 2007)
September 5, 2007 21 ORDER REASSIGNING CASE. Case reassigned to Judge John C Coughenour as related to C07-1121JCC for all further proceedings. Judge James L. Robart no longer assigned to caseby Judge James L. Robart. (MD, ) (Entered: September 5, 2007)
September 7, 2007 22 REPLY, filed by Plaintiff Heide Ling, TO RESPONSE to 2 Joint MOTION to Consolidate Cases and Appoint Interim Class Counsel (Attachments: # 1 Proposed Order)(Williams-Derry, Amy) (Entered: September 7, 2007)
September 25, 2007 23 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 10/30/2007 at 09:00 AM before John C Coughenour. (JM, ) (Entered: September 25, 2007)

September 25, 2007 24 ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge John C Coughenour. (JM, ) (Entered: September 25, 2007)
October 9, 2007 25 Stipulated Order Granting Plaintiff's 2 Joint MOTION to Consolidate Related Cases by Judge John C Coughenour. It Is Ordered, Adjudged and Decreed that Torres v. Microsoft Corporation, 07-cv-1121-JCC is designated as the lead case. Case Numbers 07-cv-1132, 07-cv-1270, 07-cv-1271 and 07-cv-1295 are hereby consolidated for all purposes pursuant to Federal Rules of Civil Procedure, Rule 42(a) under United States District Court Western District of Washington Lead Case No. 07-cv-1121-JCC.(TS, ) (Entered: October 10, 2007)
Docket Report Last Checked: November 29, 2007 15:42:20 PST
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Plaintiff: Heide Ling
Represented By: Adam J Hodkin, Amy C Williams-Derry, Jeffrey M Ostrow, David L Ferguson
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Defendant: Microsoft Corporation
Represented By: Stephen M. Rummage, Cassandra L Kinkead
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