McFadden v. Microsoft Corporation
| Washington Western District Court | |
| Judge: | Ricardo S Martinez |
| Referred: | S Kate Vaughan |
| Case #: | 2:20-cv-00640 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 Diversity |
| Case Filed: | Apr 28, 2020 |
| Terminated: | Dec 28, 2021 |
| Last checked: Sunday Oct 25, 2020 2:36 AM PDT |
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Defendant
Microsoft Corporation
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Represented By
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Plaintiff
Donald McFadden
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Represented By
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Plaintiff
J. A.
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Represented By
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Plaintiff
C. C.
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Represented By
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Plaintiff
A. D.
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Represented By
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Plaintiff
A. H.
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Represented By
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Plaintiff
J. H.
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Represented By
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Plaintiff
Brandon Petti
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Represented By
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Plaintiff
Samuel Whisnant
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Represented By
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| Docket last updated: 03/12/2025 11:59 PM PDT |
| Tuesday, December 28, 2021 | ||
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utility
Terminate Civil Case
Tue 12/28 11:24 AM
***Civil Case Terminated per the filing of Parties'49 Stipulation of Dismissal, and the direction of chambers. (SB) |
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| Monday, December 27, 2021 | ||
| 49 | 49
misc
Stipulation
Mon 12/27 1:48 PM
STIPULATION OF DISMISSAL WITH PREJUDICE AND WITHOUT COSTS by parties (Heidelberg, Cynthia) |
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| Monday, May 03, 2021 | ||
| 48 | 48
order
Order Reassigning Case
Mon 05/03 5:35 PM
MINUTE ORDER REASSIGNING REFERRAL JUDGE by Clerk William M McCool. Referral Judge is reassigned to Magistrate Judge Mary Alice Theiler's successor, Magistrate Judge S. Kate Vaughan. (KMP) |
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| Friday, April 30, 2021 | ||
| 47 | 47
2
pgs
order
Order on Report and Recommendation ~Util - Set/Clear Flags
Fri 04/30 3:05 PM
ORDER ADOPTING46 REPORT AND RECOMMENDATION. Defendant's Motion to Compel Arbitration and Stay Claims is GRANTED. This matter is STAYED pending the outcome of the individual arbitration of plaintiffs' claims. The parties are directed to file a joint status report upon completion of arbitration. Signed by Judge Ricardo S. Martinez. (SR) |
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| Friday, April 02, 2021 | ||
| 46 | 46
motion
Report and Recommendation
Fri 04/02 4:57 PM
REPORT AND RECOMMENDATION re36 MOTION to Compel Arbitration and Stay Claims filed by Microsoft Corporation. Objections to R&R due by 4/16/2021, Noting Date 4/23/2021. Signed by Hon. Mary Alice Theiler.(GB) |
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Att: 1
R&R Proposed Order
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| Tuesday, February 09, 2021 | ||
| 45 | 45
5
pgs
order
Order on Stipulated Motion
Wed 02/10 7:53 AM
ORDER granting44 Stipulation to Substitute Interim Co-Lead Counsel signed by Hon. Mary Alice Theiler. (KMP) |
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| Monday, February 08, 2021 | ||
| 44 | 44
motion
Stipulated Motion
Mon 02/08 1:26 PM
Stipulated MOTION AND [PROPOSED] ORDER TO SUBSTITUTE INTERIM CO-LEAD COUNSEL , filed by Plaintiffs J. A., C. C., A. D., A. H., J. H., Donald McFadden, Brandon Petti, Samuel Whisnant. Noting Date 2/8/2021, (Heidelberg, Cynthia) |
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| 43 | 43
notice
Notice of Withdrawal of Counsel
Mon 02/08 9:51 AM
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Andrew W Ferich for Plaintiffs J. A., C. C., A. D., A. H., Donald McFadden, Brandon Petti, Samuel Whisnant. (Ferich, Andrew) |
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| Tuesday, February 02, 2021 | ||
| 42 | 42
order
Order on Application for Leave to Appear Pro Hac Vice
Tue 02/02 11:32 AM
ORDER re41 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Samantha E Holbrook for Plaintiff Donald McFadden, by Clerk William M McCool. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (DS) |
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| 41 | 41
misc
Application for Leave to Appear Pro Hac Vice
Tue 02/02 11:13 AM
APPLICATION OF ATTORNEY Samantha E. Holbrook FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Donald McFadden (Fee Paid) Receipt No. AWAWDC-6915800 (Heidelberg, Cynthia) |
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| Friday, January 29, 2021 | ||
| 40 | 40
respm
Reply to Response to Motion
Fri 01/29 4:58 PM
REPLY, filed by Defendant Microsoft Corporation, TO RESPONSE to36 MOTION to Compel Arbitration and Stay Claims (Rummage, Stephen) |
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| Friday, January 08, 2021 | ||
| 39 | 39
respm
Response to Motion
Fri 01/08 3:12 PM
RESPONSE, by Plaintiffs J. A., C. C., A. D., A. H., J. H., Donald McFadden, Brandon Petti, to36 MOTION to Compel Arbitration and Stay Claims . Oral Argument Requested.(Heidelberg, Cynthia) |
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Att: 1
Proposed Order
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| Tuesday, November 24, 2020 | ||
| 38 | 38
respm
Declaration
Tue 11/24 9:25 PM
DECLARATION of Jamie O'Connell filed by Defendant Microsoft Corporation re36 MOTION to Compel Arbitration and Stay Claims (Rummage, Stephen) |
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| 37 | 37
respm
Declaration
Tue 11/24 9:22 PM
DECLARATION of Andreas Holbrook filed by Defendant Microsoft Corporation re36 MOTION to Compel Arbitration and Stay Claims (Rummage, Stephen) |
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| 36 | 36
motion
Compel
Tue 11/24 9:20 PM
MOTION to Compel Arbitration and Stay Claims , filed by Defendant Microsoft Corporation. Oral Argument Requested. Noting Date 1/29/2021, (Rummage, Stephen) |
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Att: 1
Proposed Order
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| Thursday, October 29, 2020 | ||
| 35 | 35
order
3 - Stipulation and Order ~Util - Set/Reset Deadlines
Thu 10/29 11:21 AM
STIPULATION AND ORDER REVISING SCHEDULE FOR MOTION TO COMPEL ARBITRATION signed by Hon. Mary Alice Theiler, re34 Stipulation filed by parties. Motion to Compel due by 11/24/2020, Responsive Brief due by 1/8/2021, Reply Brief due by 1/29/2021. (KMP) |
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| Monday, October 26, 2020 | ||
| 34 | 34
misc
Stipulation
Mon 10/26 6:25 PM
STIPULATION AND PROPOSED ORDER Revising Schedule for Motion to Compel Arbitration by parties (Rummage, Stephen) |
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| Friday, October 02, 2020 | ||
| 33 | 33
trial
Exhibit
Fri 10/02 5:10 PM
EXHIBIT re32 Amended Complaint,, by Plaintiffs J. A., C. C., A. D., A. H., J. H., Donald McFadden, Brandon Petti, Samuel Whisnant (Heidelberg, Cynthia) |
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| 32 | 32
cmp
Amended Complaint
Fri 10/02 4:50 PM
AMENDED COMPLAINT against defendant(s) Microsoft Corporation with JURY DEMAND Attorney Cynthia J Heidelberg added to party J. A.(pty:pla), Attorney Cynthia J Heidelberg added to party C. C.(pty:pla), Attorney Cynthia J Heidelberg added to party A. D.(pty:pla), Attorney Cynthia J Heidelberg added to party J. H.(pty:pla), Attorney Cynthia J Heidelberg added to party Brandon Petti(pty:pla), Attorney Cynthia J Heidelberg added to party Samuel Whisnant(pty:pla), Attorney Cynthia J Heidelberg added to party A. H.(pty:pla), filed by Donald McFadden, J. A., J. H., Brandon Petti, C. C., A. H., A. D., Samuel Whisnant.(Heidelberg, Cynthia) |
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| Tuesday, September 22, 2020 | ||
| 31 | 31
6
pgs
order
Order on Motion to Appoint Counsel
Tue 09/22 4:20 PM
ORDER GRANTING17 MOTION TO APPOINT INTERIM CO-LEAD AND LIAISON COUNSEL signed by Hon. Mary Alice Theiler. (KMP) |
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| Thursday, September 17, 2020 | ||
| 30 | 30
3
pgs
order
Order on Stipulated Motion ~Util - Terminate Deadlines/Hearings ~Util - Set/Reset Deadlines
Thu 09/17 6:07 PM
STIPULATION AND ORDER REGARDING FILING OF AMENDED COMPLAINT AND MOTION TO COMPEL ARBITRATION signed by Hon. Mary Alice Theiler, re29 Stipulated Motion. Amended Complaint due by 10/2/2020, Motion to Compel due by 11/13/2020, Responsive Brief due by 12/14/2020, Reply Brief due by 1/8/2021. (KMP) |
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| 29 | 29
motion
Stipulated Motion
Thu 09/17 2:34 PM
Stipulated MOTION and Proposed Order re Filing Amended Complaint , filed by Plaintiff Donald McFadden. Noting Date 9/17/2020, (Heidelberg, Cynthia) |
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| Tuesday, August 11, 2020 | ||
| 28 | 28
3
pgs
order
Order ~Util - Set/Reset Deadlines
Tue 08/11 11:48 AM
STIPULATION AND ORDER REGARDING FILING OF AMENDED COMPLAINT AND MOTION TO COMPEL ARBITRATION by Hon. Mary Alice Theiler, re27 Stipulation and Proposed Order filed by Microsoft Corporation. (AQ) |
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| Tuesday, August 04, 2020 | ||
| 27 | 27
misc
Stipulation
Tue 08/04 2:14 PM
STIPULATION AND PROPOSED ORDER Re Filing of Amended Complaint and Motion to Compel Arbitration by parties (Rummage, Stephen) |
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| Monday, August 03, 2020 | ||
| 26 | 26
order
Joint Status Report Order Form for Magistrate Judges
Mon 08/03 7:39 PM
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT by Hon. Mary Alice Theiler. FRCP 26(f) Conference Deadline is 8/24/2020, Initial Disclosure Deadline is 9/8/2020, Joint Status Report due by 9/14/2020. (KMP) |
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| Wednesday, July 29, 2020 | ||
| 25 | 25
2
pgs
order
Order Reassigning Case
Wed 07/29 6:40 PM
MINUTE ORDER REASSIGNING CASE by Clerk William M McCool. Case reassigned to Judge Ricardo S. Martinez and referred to Hon. Mary Alice Theiler pursuant to Local Rule MJR 6 and Amended General Order 02-19. (KMP) |
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| 24 | 24
respm
Reply to Response to Motion
Wed 07/29 10:08 AM
REPLY, filed by Plaintiff Donald McFadden, TO RESPONSE to17 MOTION to Appoint Counsel (Heidelberg, Cynthia) |
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| Tuesday, July 28, 2020 | ||
| 23 | 23
misc
Consent Letter & Form
Tue 07/28 10:08 AM
NOTICE OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. Each party will be deemed to have knowingly and voluntarily consented to proceed before a Magistrate Judge if this form is not returned by 8/4/2020. Please Note: Forms must not be electronically filed with the Court. (KMP) |
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| Monday, July 27, 2020 | ||
| 22 | 22
respm
Response to Motion
Mon 07/27 5:03 PM
RESPONSE, by Defendant Microsoft Corporation, to17 MOTION to Appoint Counsel . (Rummage, Stephen) |
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| Monday, July 20, 2020 | ||
| 21 | 21
notice
Notice of Appearance
Mon 07/20 5:36 PM
NOTICE of Appearance by attorney Stephen M. Rummage on behalf of Defendant Microsoft Corporation. (Rummage, Stephen) |
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utility
Add and Terminate Attorneys
Fri 07/24 4:32 PM
Attorney MaryAnn Almeida added for Microsoft Corporation; per21 Notice of Appearance. (MW) |
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| Friday, July 10, 2020 | ||
| 20 | 20
respm
Declaration
Fri 07/10 2:21 PM
DECLARATION of Cynthia J. Heidelberg filed by Plaintiff Donald McFadden re17 MOTION to Appoint Counsel (Heidelberg, Cynthia) |
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| 19 | 19
respm
Declaration
Fri 07/10 2:20 PM
DECLARATION of Benjamin F. Johns filed by Plaintiff Donald McFadden re17 MOTION to Appoint Counsel (Heidelberg, Cynthia) |
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| 18 | 18
respm
Declaration
Fri 07/10 2:17 PM
DECLARATION of Jason S. Rathod filed by Plaintiff Donald McFadden re17 MOTION to Appoint Counsel (Heidelberg, Cynthia) |
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| 17 | 17
motion
Appoint Counsel
Fri 07/10 2:15 PM
MOTION to Appoint Counsel , filed by Plaintiff Donald McFadden. Noting Date 7/31/2020, (Heidelberg, Cynthia) |
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Att: 1
Proposed Order Granting Motion to Appoint Interim Co-Lead and Liaison Counsel
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| Wednesday, July 08, 2020 | ||
| 16 | 16
order
Order on Application for Leave to Appear Pro Hac Vice
Wed 07/08 9:38 AM
ORDER re11 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Alex M Kashurba for Plaintiff Donald McFadden, by Clerk William M McCool. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (DS) |
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| 15 | 15
order
Order on Application for Leave to Appear Pro Hac Vice
Wed 07/08 9:29 AM
ORDER re12 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Andrew W Ferich for Plaintiff Donald McFadden, by Clerk William M McCool. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (DS) |
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| Monday, July 06, 2020 | ||
| 14 | 14
order
Order on Application for Leave to Appear Pro Hac Vice
Mon 07/06 9:41 AM
ORDER re13 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Benjamin F Johns for Plaintiff Donald McFadden, by Clerk William M McCool. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (DS) |
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| 13 | 13
misc
Application for Leave to Appear Pro Hac Vice
Mon 07/06 9:17 AM
APPLICATION OF ATTORNEY Benjamin F. Johns FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Donald McFadden (Fee Paid) Receipt No. AWAWDC-6443260 (Heidelberg, Cynthia) |
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| 12 | 12
misc
Application for Leave to Appear Pro Hac Vice
Mon 07/06 9:14 AM
APPLICATION OF ATTORNEY Andrew W. Ferich FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Donald McFadden (Fee Paid) Receipt No. AWAWDC-6443248 (Heidelberg, Cynthia) |
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| 11 | 11
misc
Application for Leave to Appear Pro Hac Vice
Mon 07/06 9:12 AM
APPLICATION OF ATTORNEY Alex M. Kashurba FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Donald McFadden (Fee Paid) Receipt No. AWAWDC-6443229 (Heidelberg, Cynthia) |
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| Tuesday, June 16, 2020 | ||
| 10 | 10
service
Waiver of Service
Tue 06/16 3:23 PM
WAIVER OF SERVICE of Summons upon defendant Microsoft Corporation mailed on 6/5/2020 (Heidelberg, Cynthia) |
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| Friday, May 15, 2020 | ||
| 9 | 9
order
Order on Application for Leave to Appear Pro Hac Vice
Fri 05/15 11:10 AM
ORDER re7 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Nicholas A Migliaccio for Plaintiff Donald McFadden, by Clerk William M McCool. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (DS) |
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| 8 | 8
order
Order on Application for Leave to Appear Pro Hac Vice
Fri 05/15 10:58 AM
ORDER re6 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jason S. Rathod for Plaintiff Donald McFadden, by Clerk William M McCool. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (DS) |
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| Thursday, May 14, 2020 | ||
| 7 | 7
misc
Application for Leave to Appear Pro Hac Vice
Thu 05/14 1:17 PM
APPLICATION OF ATTORNEY Nicholas A. Migliaccio FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Donald McFadden (Fee Paid) Receipt No. AWAWDC-6336326 (Heidelberg, Cynthia) |
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| 6 | 6
misc
Application for Leave to Appear Pro Hac Vice
Thu 05/14 1:14 PM
APPLICATION OF ATTORNEY Jason S. Rathod FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Donald McFadden (Fee Paid) Receipt No. AWAWDC-6336294 (Heidelberg, Cynthia) |
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| Wednesday, May 13, 2020 | ||
| 5 | 5
service
Summons Issued
Wed 05/13 9:10 AM
Summons Electronically Issued as to defendant Microsoft Corporation. (TF) |
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| Monday, May 11, 2020 | ||
| 4 | 4
misc
Praecipe for a Summons
Mon 05/11 2:34 PM
PRAECIPE TO ISSUE SUMMONS re1 Complaint by Plaintiff Donald McFadden (Heidelberg, Cynthia) |
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| Wednesday, April 29, 2020 | ||
| 3 | 3
misc
Civil Cover Sheet
Wed 04/29 10:29 AM
CIVIL COVER SHEET ; filed by Plaintiff Donald McFadden. (Heidelberg, Cynthia) |
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| 2 | 2
utility
Notice to Filer
Wed 04/29 10:02 AM
NOTICE TO FILER: re1 Complaint. Notice of Filing Deficiency ** Action Required ** See attached letter for more information and instructions. (SG) |
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utility
Add and Terminate Judges
Wed 04/29 10:01 AM
Hon. Mary Alice Theiler added. (SG) |
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| Tuesday, April 28, 2020 | ||
| 1 | 1
21
pgs
cmp
Complaint
Tue 04/28 11:19 AM
COMPLAINT against defendant(s) Microsoft Corporation with JURY DEMAND , filed by Donald McFadden.(Heidelberg, Cynthia) |
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