Case: Jackson v. Microsoft Corp.

1:00-cv-01457 | U.S. District Court for the District of Columbia

Filed Date: June 20, 2000

Clearinghouse coding complete

Case Summary

On June 20, 2000, an African-American plaintiff filed a lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e against Microsoft Corporation in the United States District Court for the District of Columbia. On January 3, 2001, the plaintiff filed a Second Amended Complaint, adding six additional plaintiffs and seeking to represent a nationwide class of black African-American persons employed by Microsoft at any time from April 27, 1992 to the present. Specifically, the plai…

On June 20, 2000, an African-American plaintiff filed a lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e against Microsoft Corporation in the United States District Court for the District of Columbia. On January 3, 2001, the plaintiff filed a Second Amended Complaint, adding six additional plaintiffs and seeking to represent a nationwide class of black African-American persons employed by Microsoft at any time from April 27, 1992 to the present. Specifically, the plaintiffs alleged that Microsoft engaged in a pattern and practice of discrimination against its black employees through the terms and conditions of employment.

On October 26, 2000, the Court (Judge Thomas Penfield Jackson) granted in part Defendant's Motion to Dismiss and dismissed Plaintiffs' claims arising in 1995 and 1996 on limitations grounds.

On March 12, 2001, the Court granted Defendant's Motion for Judge Jackson's recusal as presiding judge in the case pursuant to 28 U.S.C. §§ 144 and 455. Jackson v. Microsoft Corp., 135 F.Supp.2d 38 (D.D.C. 2001). Although Jackson did not believe that his admittedly negative impressions of Microsoft stemming from a prior case met the statutory grounds for recusal as interpreted by case law, he nevertheless granted the motion because "extrajudicial comments attributed to [him], when viewed in light of the public disapproval thereof expressed by the court of appeals at oral argument of the Microsoft cases appeal, have created an appearance of personal bias or prejudice." Id. at 40.

On May 3, 2001, the Court (Judge John Garrett Penn) granted Defendant's Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404, holding that the transfer was appropriate for the convenience of the parties and witnesses and in the interests of justice. The Court ordered that the case be transferred to the Western District of Washington (see Clearinghouse case file no. EE-WA-0127).

Summary Authors

Jordan Rossen (9/28/2010)

People


Judge(s)

Jackson, Thomas Penfield (District of Columbia)

Penn, John Garrett (District of Columbia)

Attorneys(s) for Plaintiff

Bucholtz, Roy J. (Virginia)

Hoffler, Tricia P. (Florida)

Attorneys(s) for Defendant

Dwyer, Ellen Moran (District of Columbia)

Ruttinger, George D. (District of Columbia)

Sauer, Richard H. (Washington)

Judge(s)

Jackson, Thomas Penfield (District of Columbia)

Penn, John Garrett (District of Columbia)

Attorneys(s) for Plaintiff

Bucholtz, Roy J. (Virginia)

Hoffler, Tricia P. (Florida)

Attorneys(s) for Defendant

Dwyer, Ellen Moran (District of Columbia)

Ruttinger, George D. (District of Columbia)

Sauer, Richard H. (Washington)

Documents in the Clearinghouse

Document

Docket

June 4, 2001 Docket
12

Order (Granting In Part Defendant’s Motion to Dismiss, etc.)

Oct. 26, 2000 Order/Opinion
37

Memorandum and Order (Granting Defendant’s Motion For Recusal)

135 F.Supp.2d 38

March 12, 2001 Order/Opinion
39

Memorandum (Granting Defendant’s Motion to Transfer Venue)

May 3, 2001 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed by plaintiff RAHN D. JACKSON; jury demand (bm) (Entered: 06/22/2000)

June 20, 2000

SUMMONS (1) issued for defendant MICROSOFT CORP. (bm) (Entered: 06/22/2000)

June 20, 2000
2

MOTION (consent) filed by defendant MICROSOFT CORP. to extend time to 7/25/00 to answer or otherwise to the complaint [1−1] (kmk) Modified on 06/27/2000 (Entered: 06/27/2000)

June 26, 2000
3

ORDER by Judge Thomas P. Jackson : granting motion to extend time to 7/25/00 to answer or otherwise to the complaint [1−1] [2−1] by MICROSOFT CORP. ; Answer extended to 7/25/00 for MICROSOFT CORP. (N) (rew) (Entered: 06/29/2000)

June 27, 2000
4

RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 6/20/00 upon defendant MICROSOFT CORP.; Attachment (1). (tth) (Entered: 07/17/2000)

July 14, 2000
6

MOTION filed by defendant MICROSOFT CORP. to dismiss complaint [1−1] (tth) (Entered: 08/04/2000)

Aug. 2, 2000
7

ANSWER TO COMPLAINT [1−1] by defendant MICROSOFT CORP. (tth) (Entered: 08/04/2000)

Aug. 2, 2000
8

LCvR 26.1 Certificate of disclosure of corporate affiliations and financial interests by defendant MICROSOFT CORP. (tth) (Entered: 08/04/2000)

Aug. 2, 2000
9

MEMORANDUM by plaintiff RAHN D. JACKSON in opposition to motion to dismiss complaint [1−1] [6−1] by MICROSOFT CORP. (jf) (Entered: 08/16/2000)

Aug. 15, 2000

SCHEDULING NOTICE: status hearing set for 9:30 10/10/00 ; before Judge Thomas P. Jackson . (rew) (Entered: 08/18/2000)

Aug. 18, 2000
10

MEET AND CONFER STATEMENT/REPORT PURSUANT TO L.R. 16 filed by plaintiff RAHN D. JACKSON, defendant MICROSOFT CORP. . (tth) (Entered: 08/28/2000)

Aug. 25, 2000
11

REPLY by defendant MICROSOFT CORP. to plaintiff's opposition to motion to dismiss complaint [1−1] [6−1] (jf) (Entered: 08/28/2000)

Aug. 25, 2000

SCHEDULING NOTICE: status hearing set for 9:30 10/26/00 ; before Judge Thomas P. Jackson courtroom 2, second floor. (rew) (Entered: 10/06/2000)

Oct. 6, 2000

STATUS HEARING before Judge Thomas P. Jackson :defendant's motion to dismiss 6 granted, plaintiff granted leave to amend the complaint within 90 days, defendant to respond promptly. Reporter: P. Merana (rew) (Entered: 10/26/2000)

Oct. 26, 2000
12

ORDER by Judge Thomas P. Jackson :granting in part defendants motion to dismiss and the claims arising in 1995,1996 are dismissed on limitations grounds, and the oral motion to amend the complaint is granted and to be filed within 90 days and status hearing set for 9:30 1/30/01 ; (N) (rew) (Entered: 10/27/2000)

Oct. 26, 2000
13

MOTION filed by plaintiff RAHN D. JACKSON for Tricia Purks Hoffler to appear pro hac vice ( Gary, Williams, Parenti, Finney, Lewis, McManus, Watson &Sperando, 221 East Osceola Street, Stuart, FL 34994, 561−283−8260) (jdm) (Entered: 01/04/2001)

Jan. 3, 2001
14

AMENDED COMPLAINT (SECOND) by plaintiff RAHN D. JACKSON adding plaintiff TANYA D. BARBOUR, JOZETTE JOYNER, DERRICK W. WASHINGTON, JAMES PIPKINS, PAMELA ODOM, CHIMA ECHERUO, and amending complaint [1−1] .; jury demand (bjsp) (Entered: 01/04/2001)

Jan. 3, 2001
15

ORDER by Judge Thomas P. Jackson : granting motion for Tricia Purks Hoffler to appear pro hac vice ( Gary, Williams, Parenti, Finney, Lewis, McManus, Watson &Sperando, 221 East Osceola Street, Stuart, FL 34994, 561−283−8260) [13−1] by RAHN D. JACKSON (N) (rew) (Entered: 01/09/2001)

Jan. 5, 2001
16

ATTORNEY APPEARANCE for defendant MICROSOFT CORP. by George David Ruttinger (tth) (Entered: 01/24/2001)

Jan. 23, 2001
17

ANSWER TO SECOND AMENDED COMPLAINT [14−1] by defendant MICROSOFT CORP. (tth) (Entered: 01/24/2001)

Jan. 23, 2001
18

MOTION filed by defendant MICROSOFT CORP. to transfer this case to the United States District court for the Western District of Washington ; Attachments (7); Exhibits (1) (tth) (Entered: 01/26/2001)

Jan. 25, 2001
19

ATTORNEY APPEARANCE for defendant MICROSOFT CORP. by Richard H. Sauer (tth) (Entered: 01/29/2001)

Jan. 26, 2001
20

MOTION filed by defendant MICROSOFT CORP. to stay proceedings pending rulings on defendant's motions (cas) (Entered: 01/30/2001)

Jan. 29, 2001
21

MOTION filed by defendant MICROSOFT CORP. for recusal the Presiding Judge from further participation in this matter ; exhibits (16) (cas) (Entered: 01/30/2001)

Jan. 29, 2001

SCHEDULING NOTICE: motion hearing set for 2:00 3/2/01 ; before Judge Thomas P. Jackson courtroom 2, second floor. (rew) (Entered: 01/30/2001)

Jan. 30, 2001

SCHEDULING NOTICE: motion hearing set for 2:00 3/2/01 ; before Judge Thomas P. Jackson courtroom 2, second floor. (rew) (Entered: 01/30/2001)

Jan. 30, 2001
22

MOTION (CONSENT) filed by plaintiff RAHN D. JACKSON, plaintiff TANYA D. BARBOUR, plaintiff JOZETTE JOYNER, plaintiff JAMES PIPKINS, plaintiff PAMELA ODOM, plaintiff CHIMA ECHERUO, plaintiff DERRICK WASHINGTON to extend time to 2/12/01 to file its opposition to defendant Microsoft Corporation's motion to transfer venue pursuant to 28 U.S.C. 1404 (cas) (Entered: 02/06/2001)

Feb. 5, 2001
23

ORDER by Judge Thomas P. Jackson : granting motion to extend time to 2/12/01 to file its opposition to defendant Microsoft Corporation's motion to transfer venue pursuant to 28 U.S.C. 1404 [22−1] by plaintiffs response to motion(s) due by 2/12/01 ; and plaintiffs opposition to defendant's motion for recusal and opposition to defendants motion to stay proceedings are due 2−16−01 (N) (rew) (Entered: 02/07/2001)

Feb. 7, 2001
24

AMENDED ANSWER to Second Amended Complaint [14−1] filed by defendant MICROSOFT CORP. (tth) (Entered: 02/08/2001)

Feb. 7, 2001
25

RESPONSE by plaintiffs in opposition to motion to transfer this case to the United States District court for the Western District of Washington [18−1] by MICROSOFT CORP.; Attachments (2). (ag) (Entered: 02/13/2001)

Feb. 12, 2001
26

MOTION filed by Roy J. Bucholtz : for Willie E. Gary to appear pro hac vice (cas) (Entered: 02/20/2001)

Feb. 16, 2001
27

MOTION filed by plaintiff for Selou M. Gary to appear pro hac vice ( Gary, Williams, Parenti, Finney, Lewis, McManus, Watson &Sperando, 221 East Osceola Street, Stuart, Florida 34994, 561−283−8260) (jdm) (Entered: 02/20/2001)

Feb. 16, 2001
28

MOTION filed by plaintiff RAHN D. JACKSON, plaintiff TANYA D. BARBOUR, plaintiff JOZETTE JOYNER, plaintiff JAMES PIPKINS, plaintiff PAMELA ODOM, plaintiff CHIMA ECHERUO, plaintiff DERRICK WASHINGTON for Dana Walker Tucker to appear pro hac vice ( Gary, Williams, Parenti, Finney, Lewis, McManus, Watson &Sperando, 221 East Osceola Street, Stuart, Florida 34994, 561−283−8260) (jdm) (Entered: 02/20/2001)

Feb. 16, 2001
29

MOTION filed by plaintiff for Bruce Morrison Wilkinson, Esq. to appear pro hac vice ( Gary Wiliams, Parenti, Finney, Lewis, McManus, Watson &Sperando 221 East Osceola Street, Stuart, Florida 34994, (800)329−4279) (ag) (Entered: 02/20/2001)

Feb. 16, 2001
30

RESPONSE by plaintiffs to motion to stay proceedings pending rulings on defendant's motions [20−1] by MICROSOFT CORP. (bjsp) (Entered: 02/20/2001)

Feb. 16, 2001
31

RESPONSE by plaintiff to motion for recusal the Presiding Judge from further participation in this matter [21−1] by MICROSOFT CORP. (bjsp) (Entered: 02/20/2001)

Feb. 16, 2001
32

REPLY by defendant MICROSOFT CORP. to response in opposition to motion to transfer this case to the United States District court for the Western District of Washington [18−1] by MICROSOFT CORP.; Exhibits (5) (tth) (Entered: 02/21/2001)

Feb. 20, 2001
33

ORDER by Judge Thomas P. Jackson : granting motion for Bruce Morrison Wilkinson, Esq. to appear pro hac vice ( Gary Wiliams, Parenti, Finney, Lewis, McManus, Watson &Sperando 221 East Osceola Street, Stuart, Florida 34994, (800)329−4279) [29−1] by plaintiffs, granting motion for Dana Walker Tucker to appear pro hac vice ( Gary, Williams, Parenti, Finney, Lewis, McManus, Watson &Sperando, 221 East Osceola Street, Stuart, Florida 34994, 561−283−8260) [28−1] by plaintiffs, granting motion for Selou M. Gary to appear pro hac vice ( Gary, Williams, Parenti, Finney, Lewis, McManus, Watson &Sperando, 221 East Osceola Street, Stuart, Florida 34994, 561−283−8260) [27−1] by plaintiffs, granting motion for Willie E. Gary to appear pro hac vice [26−1] by Roy J. Bucholtz (N) (rew) (Entered: 02/23/2001)

Feb. 21, 2001
34

REPLY MEMORANDUM by defendant MICROSOFT CORP. in support of motion for recusal the Presiding Judge from further participation in this matter [21−1] by MICROSOFT CORP. ; exhibit (1) (bjsp) (Entered: 02/28/2001)

Feb. 26, 2001
35

REPLY by defendant MICROSOFT CORP. to plaintiffs opposition to motion to stay proceedings pending rulings on defendant's motions [20−1] by MICROSOFT CORP. (bjsp) (Entered: 02/28/2001)

Feb. 26, 2001
36

MEMORANDUM by defendant MICROSOFT CORP. in support of motion to transfer this case to the United States District court for the Western District of Washington [18−1] by MICROSOFT CORP. ; attachments (bjsp) (Entered: 03/02/2001)

Feb. 28, 2001
37

MEMORANDUM AND ORDER by Judge Thomas P. Jackson : granting motion for recusal the Presiding Judge from further participation in this matter [21−1] by MICROSOFT CORP. and referring case to Calendar Committee for random reassignment. (N) (rew) (Entered: 03/12/2001)

March 12, 2001

CASE REASSIGNED on 3/13/01 from Judge Jackson to Judge John G. Penn (bjsp) (Entered: 03/14/2001)

March 13, 2001
38

MOTION filed by defendant MICROSOFT CORP. for a Rule 16 (a) Status Conference (ag) (Entered: 04/20/2001)

April 19, 2001
41

MEMORANDUM by plaintiff in opposition to motion for a Rule 16 (a) Status Conference [38−1] by MICROSOFT CORP. (ag) (Entered: 05/03/2001)

May 2, 2001
39

MEMORANDUM OPINION by Judge John G. Penn (N) (kmk) (Entered: 05/03/2001)

May 3, 2001
40

ORDER by Judge John G. Penn: denying as moot motion for a Rule 16 (a) Status Conference [38−1] by MICROSOFT CORP., denying as moot motion to stay proceedings pending rulings on defendant's motions [20−1] by MICROSOFT CORP., granting motion to transfer this case to the United States District court for the Western District of Washington [18−1] by MICROSOFT (N) (kmk) (Entered: 05/03/2001)

May 3, 2001
42

REPLY by defendant MICROSOFT CORP. to response in opposition to motion for a Rule 16 (a) Status Conference [38−1] by MICROSOFT CORP. (ag) (Entered: 05/07/2001)

May 3, 2001

ORIGINAL FILE and certified copy of docket entries and Order transmitted to Clerk of USDC for the Western District of Washington pursuant to order dated 5/3/01. (tth) (Entered: 05/23/2001)

May 23, 2001

RECEIPT and acknowledgment of transfer documents by USDC for Washington at Western District on 05/29/01. Other Court Case No.: 01−775C. (tb) (Entered: 06/11/2001)

June 4, 2001

State / Territory: District of Columbia

Case Type(s):

Equal Employment

Key Dates

Filing Date: June 20, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Putative class of all black African-American persons employed by Microsoft in the U.S. at any time from April 27, 1992 to the present who are subject to Microsoft’s employment and human resource policies and practices

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Microsoft Corp., Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

General:

Pattern or Practice

Discrimination-area:

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Race discrimination

Race:

Black