Case: Jackson v. Microsoft Corp.

Jackson v. Microsoft Corporation

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

Original file, certified copy of transfer order and docket sheet received from District of Columbia (Washington) Note: Documents 1−38 placed in expando file. (atty/transfer in letter sent) (PM) (Entered: 06/04/2001)

ATTORNEY APPEARANCE for defendant Microsoft Corp by Kirk A Dublin (RS) (Entered: 06/06/2001)

AFFIDAVIT OF SERVICE by defendant Microsoft Corp of attorney appearance [44−1] (MD) (Entered: 06/11/2001)

MINUTE ORDER: by Chief Judge John C. Coughenour Case reassigned to Judge Marsha J. Pechman as related to C00−1684P (cc: counsel, JCC, MJP, Eileen) (MD) (Entered: 06/12/2001)

ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 7/25/01 (cc: counsel, Judge) (RS) (Entered: 06/14/2001)

APPLICATION by defendant Microsoft Corp AND ORDER admitting Patricia M Berry pro hac vice. Receipt # 601268 (cc: counsel, Judge) (VK) (Entered: 06/26/2001)

APPLICATION by defendant Microsoft Corp AND ORDER admitting Nancy L Abell pro hac vice. Receipt # 601268 (cc: counsel, Judge) (VK) (Entered: 06/26/2001)

APPLICATION by defendant Microsoft Corp AND ORDER admitting Neal M Janey pro hac vice. Receipt # 601380 (cc: counsel, Judge) (RY) (Entered: 07/24/2001)

APPLICATION by defendant Microsoft Corp AND ORDER admitting William H Murphy III pro hac vice. Receipt # 601380 (cc: counsel, Judge) (RY) (Entered: 07/24/2001)

APPLICATION by defendant Microsoft Corp AND ORDER admitting George C Doub pro hac vice. Receipt # 601380 (cc: counsel, Judge) (RY) (Entered: 07/24/2001)

APPLICATION by defendant Microsoft Corp AND ORDER admitting James E McCollum Jr pro hac vice. Receipt # 601380 (cc: counsel, Judge) (RY) (Entered: 07/24/2001)

APPLICATION by defendant Microsoft Corp AND ORDER admitting Carla M Mathers pro hac vice. Receipt # 601380 (cc: counsel, Judge) (RY) (Entered: 07/24/2001)

APPLICATION by defendant Microsoft Corp AND ORDER admitting Raymond M Brown pro hac vice. Receipt # 601380 (cc: counsel, Judge) (RY) (Entered: 07/24/2001)

AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA of records custodian EEOC; custodian of records WA State Human Rights on 7/12/01 (RS) (Entered: 07/19/2001)

ATTORNEY APPEARANCE for plaintiffs by Oscar E. Desper (RY) (Entered: 07/27/2001)

PROPOSED Application for Leave to Appear PHV Maria Sperando (RY) (Entered: 07/31/2001)

JOINT STATUS REPORT filed by all parties. (RS) (Entered: 07/27/2001)

APPLICATION by plaintiffs Rahn D Jackson, Derrick Washington, Tanya D Barbour, Jozette Joyner, James Pipkins, Pamela Odom, Chima Echeruo AND ORDER admitting Dana Walker Tucker pro hac vice. Receipt # 302841 302841 (cc: counsel, Judge) (RY) (Entered: 07/27/2001)

APPLICATION by plaintiffs Rahn D Jackson, Derrick Washington, Tanya D Barbour, Jozette Joyner, James Pipkins, Pamela Odom, Chima Echeruo AND ORDER admitting Laura L Mall pro hac vice. Receipt # 302842 (cc: counsel, Judge) (RY) (Entered: 07/27/2001)

MINUTE ORDER by Judge Marsha J. Pechman by 8/9/01 pltf's to file withdrawal and substitution of counsel, notice of intent to join proposed class in Donaldson or pusue claims individually, and any transfer motion (cc: counsel, Judge) (VK) (Entered: 07/30/2001)

APPLICATION by defendant Microsoft Corp AND ORDER admitting Donna M Mezias pro hac vice. Receipt # 403428 (cc: counsel, Judge) (RY) (Entered: 07/31/2001)

MINUTE ORDER: by Judge Marsha J. Pechman − The application for leave to appear pro hac vice, filed by Maria Sperando, is hereby DENIED (cc: counsel, Judge) (KERR) (Entered: 08/01/2001)

MOTION by defendant Microsoft Corp to dismiss with prejudice all claims of pltf Rahn D. Jackson OA REQ'D NOTED FOR 8/31/01 (RS) Modified on 08/03/2001 (Entered: 08/03/2001)

MEMORANDUM by defendant Microsoft Corp in support of motion to dismiss with prejudice all claims of pltf Rahn D. Jackson [65−1] (RS) (Entered: 08/03/2001)

DECLARATION of Nancy Abell by defendant Microsoft Corp re motion to dismiss with prejudice all claims of pltf Rahn D. Jackson [65−1] (RS) (Entered: 08/03/2001)

NOTICE OF COMPLIANCE by defendant Microsoft Corp re: motion to dismiss with prejudice all claims of pltf Rahn D. Jackson [65−1] (RS) (Entered: 08/03/2001)

AFFIDAVIT OF SERVICE by defendant Microsoft Corp motion to dismiss with prejudice all claims of pltf Rahn D. Jackson [65−1] (RS) (Entered: 08/03/2001)

LODGED ORDER: re: motion to dismiss with prejudice all claims of pltf Rahn D. Jackson [65−1] (RS) (Entered: 08/03/2001)

MOTION by plaintiff to permit voluntary dismissal of Tanya Barbour's claims without prejudice and without costs NOTED FOR 8/24/01. Incorrectly noted−ltr sent (RS) (Entered: 08/03/2001)

MEMORANDUM by plaintiff in support of motion to permit voluntary dismissal of Tanya Barbour's claims without prejudice and without costs [71−1] (RS) (Entered: 08/03/2001)

LODGED ORDER: re: motion to permit voluntary dismissal of Tanya Barbour's claims without prejudice and without costs [71−1] (RS) (Entered: 08/03/2001)

LODGED ORDER: request to withdraw appearance and order (VK) (Entered: 08/10/2001)

RESPONSE by defendant to motion to permit voluntary dismissal of Tanya Barbour's claims without prejudice and without costs [71−1] (ZG) (Entered: 08/22/2001)

DECLARATION of Nancy L. Abell by defendant re: motion response [73−1] (ZG) (Entered: 08/22/2001)

DECLARATION of Kathryn Mihalich by defendant re: motion response [73−1] (ZG) (Entered: 08/22/2001)

AFFIDAVIT OF SERVICE by defendant motion response [73−1], etc. (ZG) Modified on 08/22/2001 (Entered: 08/22/2001)

PRAECIPE: by defendant re: declaration [75−1] (RY) (Entered: 08/23/2001)

CORRECTED DECLARATION of Kathryn Mihalich by defendant re: praecipe [77−1], re: declaration [75−1] (RY) (Entered: 08/23/2001)

AFFIDAVIT OF SERVICE by defendant praecipe [77−1] etc (RY) (Entered: 08/23/2001)

ORDER/REQUEST TO WITHDRAW APPEARANCE by Judge Marsha J. Pechman; atty Oscar E. Desper is granted leave to withdraw his appearance (cc: counsel, Judge) (MH) (Entered: 08/28/2001)

ORDER REQUIRING INVOLVEMENT OF LOCAL COUNSEL for plaintiffs by Judge Marsha J. Pechman; dft's motion to dismiss is renoted for 9/7/01, pla's response is due 9/4/01 (cc: counsel, Judge, all counsel in C00−1684) (MH) (Entered: 08/28/2001)

SECOND ORDER REQUIRING INVOLVEMENT OF LOCAL COUNSEL by Judge Marsha J. Pechman renoting dft's motion to dismiss with prejudice all claims of pltf Rahn D. Jackson [65−1] to 9/14/01 (cc: counsel, Judge) (RS) (Entered: 09/10/2001)

ATTORNEY APPEARANCE for plaintiffs by Roblin John Williamson (VK) (Entered: 09/14/2001)

RESPONSE by plaintiff to motion to dismiss with prejudice all claims of pltf Rahn D. Jackson OA REQ'D [65−1] (VK) (Entered: 09/14/2001)

LODGED ORDER: motion and order by deft for extension of time (dktclk) (Entered: 09/14/2001)

DECLARATION of Kirk A. Dublin re: order lodged [0−0] (dktclk) (Entered: 09/14/2001)

AFFIDAVIT OF SERVICE by defendant Microsoft Corp of declaration [83−1] (dktclk) (Entered: 09/14/2001)

ORDER by Judge Marsha J. Pechman extending dft's time to file reply in support of motion to dismiss to 9/17/01 (cc: counsel, Judge) (ZG) (Entered: 09/17/2001)

SUPPLMENTAL DECLARATION of Kirk Dublin by defendant Microsoft Corp in support of dft's motion for extension of time (RS) (Entered: 09/18/2001)

REPLY by defendant Microsoft Corp TO RESPONSE to motion to dismiss with prejudice all claims of pltf Rahn D. Jackson [65−1] (RS) (Entered: 09/19/2001)

DECLARATION of Nancy Abell by defendant Microsoft Corp re: motion reply [90−1] (RS) (Entered: 09/19/2001)

OBJECTIONS by defendant Microsoft Corp to evidence and motion to strike portions of decl of Rahn Jackson (RS) (Entered: 09/19/2001)

MEMORANDUM by defendant Microsoft Corp in support re: objection [92−1] (RS) (Entered: 09/19/2001)

DECLARATION of Jenny Wu by defendant Microsoft Corp re: objection [92−1] (RS) (Entered: 09/19/2001)

LODGED ORDER: re dft Microsoft's objections, etc (RS) (Entered: 09/19/2001)

AFFIDAVIT OF SERVICE by defendant Microsoft Corp objection [92−1] etc (RS) (Entered: 09/19/2001)

APPLICATION by plaintiff Rahn D Jackson, plaintiff Derrick Washington, plaintiff Tanya D Barbour, plaintiff Jozette Joyner, plaintiff James Pipkins, plaintiff Pamela Odom, plaintiff Chima Echeruo AND ORDER admitting Tricia Purks Hoffler pro hac vice. Receipt # 601727 (cc: counsel, Judge) (RS) (Entered: 09/20/2001)

APPLICATION by plaintiff Rahn D Jackson, plaintiff Derrick Washington, plaintiff Tanya D Barbour, plaintiff Jozette Joyner, plaintiff James Pipkins, plaintiff Pamela Odom, plaintiff Chima Echeruo AND ORDER admitting Willie E Gary pro hac vice. Receipt # 601727 (cc: counsel, Judge) (RS) (Entered: 09/20/2001)

MEMORANDUM by plaintiff Rahn D Jackson, plaintiff Derrick Washington, plaintiff Jozette Joyner in support of motion for relief from jgm [98−1] (ZG) (Entered: 09/24/2001)

LODGED ORDER: re: motion for relief from jgm [98−1], etc. (ZG) (Entered: 09/24/2001)

RESPONSE/OBJECTION by plaintiffs to motion to dismiss with prejudice all claims of pltf Rahn D. Jackson OA REQ'D [65−1] (CL) (Entered: 09/26/2001)

MEMORANDUM by plaintiffs in support re: motion response [100−1] (CL) (Entered: 09/26/2001)

LODGED ORDER: re: motion to dismiss with prejudice all claims of pltf Rahn D. Jackson OA REQ'D [65−1] (CL) (Entered: 09/26/2001)

MOTION by plaintiff Jozette Joyner, plaintiff Rahn D Jackson, plaintiff Derrick Washington for relief from jgm NOTED FOR 10/12/01 (ZG) (Entered: 09/24/2001)

APPLICATION by defendant Microsoft Corp AND ORDER admitting Amy Dow pro hac vice. Receipt # 601770 (cc: counsel, Judge) (ZG) (Entered: 10/02/2001)

MEMORANDUM by plaintiffs in support of their response to dft's motion to strike portions of the declaration of Rahn Jackson (RS) (Entered: 10/09/2001)

RESPONSE by plaintiff to dft's motion to strike portions of the declaration of Rahn Jackson (RS) (Entered: 10/09/2001)

LETTER by plaintiff James Pipkins, dated 9/30/01 to Court re: attorney/client − information about case (copy of all cnsl of record, MJP) (MD) (Entered: 10/04/2001)

ORDER by Judge Marsha J. Pechman, requiring the filing of individual complaints. The Jackson matter will not be consolidated with the Donaldson matter. Pltfs Pamela Odom and Chima Echeruo shall file individually file complaints with the Court with in 10 days of this order. Pltf James Pipkins has written to the Court, indicating that he has terminated the form of Gary, Williams, Parenti, Finney, Lewis, McManus, Watson &Sperando, effective 9/25/01. Court will not accept ex parte communications and copies will be mailed to all cnsl. Within 30 days of the date of this Order, Mr. Pipkins is to notify the Court whether he wishes to join the Donaldson class. If Mr. Pipkins whishes to pursue his claims individually, he must file a complaint within the 30 day period. The Court presumes that attorney Rob Williamson conts to have an attorney−client relationship with Mr. Pipkins. There are currently motions pending before the Court which could effect the status of Pltfs Jackson, Washington, Barbour and Joiner. Court will rule upon these motions in forthcoming Orders. Any of these pltfs whose claims are not dismissed or transferred pursuant to the Court's forthcoming rulings and who still wish to pursue this litigation whall file individual complaints with the Court. Individual complaints must be filed within 10 days of the resolution of all outstanding motions affecting the status of any particular pltf's claims and assigned an individual cause number by the Clerk of Court. (w/copy of letter from James Pipkins) (cc: counsel, Judge) (MD) (Entered: 10/04/2001)

RESPONSE by defendant Microsoft Corp to motion for relief from jgm [98−1] (CL) (Entered: 10/11/2001)

AFFIDAVIT OF SERVICE by defendant Microsoft Corp of motion response [109−1] (CL) (Entered: 10/12/2001)

ORDER by Judge Marsha J. Pechman GRANTING pltf's motion to permit voluntary dismissal of Tanya Barbour's claims without prejudice [71−1]. Costs awarded to dft in amt of $2,551.50; terminating plaintiff Tanya D Barbour (cc: counsel, Judge) (RS) (Entered: 10/11/2001)

PRAECIPE: by defendant Microsoft Corp re: declaration [91−1] (MH) (Entered: 10/12/2001)

MINUTE ORDER: by Judge Marsha J. Pechman SETTING Oral Argument on defendant's motion to dismiss with prejudice all claims of pltf Rahn D. Jackson [65−1] at 10:00 10/31/01; counsel allowed 20 minutes per side. local and out of state counsel are required to be present in person (cc: counsel, Judge) (RY) (Entered: 10/19/2001)

ORDER by Judge Marsha J. Pechman granting continuance to pltf Echeruo (cc: counsel, Judge) (VK) (Entered: 10/19/2001)

MINUTES OF TELEPHONE CONFERENCE: MJP; Dep Clerk: ES; CR: K; Pla Counsel R. Bucholz; Def Counsel N. Abel. Court directs that Mr Jackson be present at the hrg on 10/31/01. Roy Bucholz will file an application to appear pro hac vice. (CL) (Entered: 10/31/2001)

MOTION (request for order) by defendant to clarify the status of counsel of record for Pipkins and Echeruo NOTED FOR 11/16/01 (not noted; letter sent) (RY) (Entered: 10/31/2001)

NOTICE by defendant Microsoft Corp of lodging documents for in camera inspection (RS) (Entered: 11/05/2001)

RESPONSE by defendant Microsoft Corp to ct's inquiry re depo defended by cnsl not admitted pho hac vice (RS) (Entered: 11/05/2001)

AFFIDAVIT OF SERVICE by defendant Microsoft Corp response [118−1] (RS) (Entered: 11/05/2001)

RESPONSE of Rob Williamson by plaintiff to motion to clarify the status of counsel of record for Pipkins and Echeruo [115−1] (RS) (Entered: 11/05/2001)

TRANSCRIPT of proceedings for the following date(s): 10/31/01 (Re: Argument) CR initials: C. Castle (SA) (Entered: 11/05/2001)

LETTER from James Pipkins responding to order requiring filing of individual complaints (RS) (Entered: 11/09/2001)

NOTICE OF APPEAL (01−36057) by plaintiff Tanya D Barbour from Dist. Court decision [108−3] (cc: CCA, MJP, counsel) (SA) Modified on 11/20/2001 (Entered: 11/13/2001)

APPEAL FEE RECEIVED: Appellant paid fee in the amount of $105.00 (Receipt #303599) (SA) (Entered: 11/13/2001)

MOTION by plaintiff Rahn D Jackson for leave to file overlength br NOTED FOR 12/7/01 (CL) (Entered: 11/15/2001)

DECLARATION of Rob Williams, atty by plaintiff Rahn D Jackson re motion for leave to file overlength br [124−1] (CL) (Entered: 11/15/2001)

MOTION by plaintiff Rahn D Jackson to strike, the answer, defenses and mtn to dismiss of dft, Microsoft Corp. NOTED FOR 12/7/01 (CL) (Entered: 11/15/2001)

LODGED ORDER: re: motion for leave to file overlength br [124−1] (ZG) (Entered: 11/19/2001)

APPEAL NOTIFICATION packet sent to CCA (cc: cnsl) (SA) (Entered: 11/13/2001)

EX PARTE LETTER and enclosures by plaintiff James Pipkins re: order [127−1] (ZG) (Entered: 11/20/2001)

ORDER INFORMING PARTIES OF THE FILING OF A DOCUMENT RECEIVED EX PARTE by Judge Marsha J. Pechman the Clerk is directed to distribute portions of doc. to parties and copy of order to all parties in case nos. C00−1684P &C00−1632P (cc: counsel, Judge) (ZG) (Entered: 11/16/2001)

CORRECTED DECLARATION by plaintiff Rahn D Jackson in support of pla's motion for leave to file overlength br [124−1] (ZG) (Entered: 11/21/2001)

NOTIFICATION by Circuit Court of Appellate Docket Number 01−36057 for appellant Tanya Barbour (KN) Modified on 11/20/2001 (Entered: 11/20/2001)

TIME SCHEDULE ORDER (CCA) (01−36057) (cc: CCA, Judge, counsel) Appellant shall immediately file the civil appeals docketing statement; Appellant shall notify appellee of transcripts to be ordered by 11/19/01; Appellee shall notify appellant of any additional transcripts needed by 11/28/01; Appellant shall file transcript order form with the district court and make payment arrangements with court reporter by 12/10/01; Court reporter shall file transcript in the district court by 1/8/02; Appellant's opening brief and excerpts of record shall be served and filed by 2/25/02; The brief of appellee shall be filed and served by 3/26/02; The optional appellant reply brief shall be filed and served with 14 days of service of the appellee's brief. (KN) (Entered: 11/20/2001)

EXHIBITS re: motion to dismiss with prejudice all claims of pltf Rahn D. Jackson [65−1] (filed under seal) (RS) (Entered: 11/19/2001)

EXHIBITS re: motion to dismiss with prejudice all claims of pltf Rahn D. Jackson [65−1] (filed under seal) (RS) (Entered: 11/19/2001)

RESPONSE by defendant to motion to strike, the answer, defenses and mtn to dismiss of dft, Microsoft Corp. [126−1] (ZG) (Entered: 11/28/2001)

DECLARATION of Nancy L. Abell by defendant re: motion response [138−1] (ZG) (Entered: 11/28/2001)

DECLARATION of Robert New by defendant re pla Rahn Jackson's motion to strike [126−1] (ZG) (Entered: 11/28/2001)