Discovery continues in X-Box scratch suit

Amelia Flood Dec. 2, 2009, 8:26am

Discovery continues in a fraud suit over alleged defects found in Microsoft's X-Box 360 video game consoles.

Madison County Circuit Judge Daniel Stack on Nov. 25 ordered defendant Microsoft to produce items it had said would be made available after Stack gave the company a protective order it asked for in October.

The plaintiff in the case, Jason Johnson, had filed a motion to compel the production of documents related to other litigation in Washington state over discs the machines allegedly scratched. Microsoft must also produce the depositions of several witnesses from that litigation.

Stack also granted the stipulated protective order the same day.
He denied the plaintiff's move to add expert reports and the company's expert depositions.

Johnson is suing the company for damages of at least $50,000 and costs.

He claims that the company knowingly sold a defective product that scratched games discs, making them unplayable.

He is suing on counts of violations of Illinois' Consumer Fraud and Deceptive Business Practices Act, negligence, breach of implied warranty and strict product liability.

Microsoft is represented by Robert Shultz.

Johnson is represented by Emily Johnson.

The case is Madison case number 08-L-1141.

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