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ORDER - 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

MICROSOFT CORPORATION,

Plaintiff,

v.

CATHERINE WILL, et al.,

Defendants.

No. C05-1922P

ORDER OF CONSOLIDATION

This order is to be filed in case numbers C05-1922P, C05-1923P, C05-1924P, C05-1925P,

C05-1926P, C05-1927P, and C05-1928P. The Court previously issued an order to show cause why

all of these cases should not be consolidated pursuant to Fed. R. Civ. P. 42(a). The defendants in case

numbers C05-1922P and C05-1928P filed objections to consolidation. Having reviewed the responses

to the order to show cause and the balance of the records in these cases, the Court finds and ORDERS

as follows:

(1) Notwithstanding the objections filed by some defendants, the Court finds that

consolidation of case numbers C05-1922P through C05-1928P is warranted. All of these cases

present common issues of fact or law, and consolidation would advance judicial economy and permit

more efficient case management.

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ORDER - 2

Therefore, the following actions are hereby CONSOLIDATED for all pre-trial proceedings

pursuant to Fed. R. Civ. P. 42(a):

Case Name Case Number

Microsoft v. Will C05-1922P

Microsoft v. Hesson C05-1923P

Microsoft v. Baker C05-1924P

Microsoft v. Ngo C05-1925P

Microsoft v. Ham C05-1926P

Microsoft v. Huh C05-1927P

Microsoft v. Mitchell C05-1928P

As the Court noted in its order to show cause, the parties in several of these matters have consented to

proceed before a Magistrate Judge. However, the Court finds that all of the cases listed above should

remain assigned to the undersigned judge for the sake of judicial economy.

(2) The caption of these consolidated actions shall be “In re Microsoft Partner Program

Litigation” and the files of these consolidated actions shall be maintained in one file under case number

C05-1922P. All future pleadings filed in these consolidated actions shall be filed under case number

C05-1922P and shall bear the following caption: 

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

In re MICROSOFT PARTNER PROGRAM

LITIGATION

_______________________________________

This Document Relates To:

[______________________]

No. C05-1922P

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ORDER - 3

When a pleading is intended to apply to all of the consolidated actions, the words “All

Actions” shall appear immediately after the words “This Document Relates To” in the caption set out

above. When a pleading is only intended to apply to one of the consolidated actions, the case number

that was initially assigned to that case and the last name of the first defendant named in that case shall

appear immediately after the words “This Document Relates To.” By way of example, a pleading that

is intended to be applicable only in Microsoft v. Hesson (a case originally assigned case number C05-

1923P) would state “This Document Relates To: C05-1923P (Hesson)”. 

(3) The Court will issue a case scheduling order that will govern all the consolidated

actions. The case scheduling order will specify a single trial date for all cases. However, it is not the

Court’s intent at this time to order consolidation of all cases for trial. The question of whether two or

more of these actions should be consolidated for trial, as well as the sequence in which the cases

should be tried, may be addressed after the close of discovery.

(4) The clerk is directed to send copies of this order to all counsel of record and all pro se

parties.

Dated: April 12, 2006

s/Marsha J. Pechman 

Marsha J. Pechman

United States District Judge

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