Microsoft asks for scheduling order in X-box fraud suit

Amelia Flood Jun. 18, 2010, 6:30am


The maker of X-Box video game systems is asking Madison County Chief Judge Ann Callis to approve a case management order setting deadlines in advance of a December trial.

Microsoft filed for the order in late April.

The company is being sued by Jason Johnson, the owner of an X-Box 360 video game system.

Johnson's suit claims that the X-Boxes have a design flaw that ruins games.

The suit seeks damages of at least $50,000 and costs.

The suit claims that Microsoft violated that Illinois Consumer Fraud and Deceptive Business Practices Act and is guilty of product liability, among other claims.

The company denies the allegations.

Callis had been set to hear the defense motion asking for the order June 4.

However that hearing was canceled due to Callis' unavailability, according to the case docket sheet.

The hearing was reset to June 25 at 9 a.m.

The case is set for trial Dec. 6.

Microsoft claims that after disagreements at a February case management conference, it sent a proposed case schedule to the plaintiff.

It claims Johnson has not responded since that schedule was sent April 2.

The case had been assigned to Madison County Circuit Judge Daniel Stack.

Callis transferred it to her own docket in December 2009 along with more than 100 other cases due to Stack's announced retirement plans.

Stack will leave the bench later this year.

The plaintiff is represented by Emily Johnson.

Microsoft is represented by Robert Shultz Jr. and Christine Heinsz.

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

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