Case: Moussouris v. Microsoft Corporation

2:15-cv-01483 | U.S. District Court for the Western District of Washington

Filed Date: Sept. 16, 2015

Closed Date: Nov. 20, 2020

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Case Summary

On September 16, 2015, the plaintiff, a former female technical employee of Microsoft, filed a class action lawsuit in the Western District of Washington against Microsoft Corporation. The plaintiff, represented by Outten & Golden LLP, sued the defendant under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e), and state law. The plaintiff alleged that as a result of the defendant’s policies, patterns, and practices, female technical employees received less compensation and were promoted less frequently than their male counterparts. Specifically, the plaintiff alleged that the force ranking system used by the defendant systematically undervalued female technical employees, resulting in lower pay and fewer promotions than male peers despite equal or better performance.

On October 27, 2015, the plaintiff amended her complaint to include additional named plaintiffs. On November 12, 2015, the defendant moved to dismiss for failure to state a claim on the following: plaintiffs’ disparate treatment claims on the grounds that the plaintiffs failed to allege intent to discriminate by the defendant; plaintiffs’ disparate impact claims for failure to allege a causal relationship between the forced ranking system and the alleged disparate impact; and plaintiffs’ retaliation claims for failure to state a prima facie case of retaliation. Defendant also moved to strike the plaintiffs’ class definition on the grounds it was not ascertainable and the plaintiff's Title VII claims on grounds of timeliness.

On March 7, 2016, the court (Judge James L. Robart) denied the defendant’s motion to strike the class definition as it was not implausible on its face and the plaintiffs deserved to develop the facts and/or and definition of their class via class discovery. The court denied the motion to strike Title VII allegations on grounds of timeliness without prejudice as the motion raised a relevant dispute. The court denied the motion to dismiss the plaintiff's disparate treatment claims as the plaintiffs satisfied the pleading requirements of the claim. The court also denied the motion to dismiss the plaintiff’s retaliation claim as the allegations created a plausible inference that the plaintiffs suffered at least one adverse employment action while working for the defendant. However, the Court granted the defendant’s motion to dismiss the disparate impact claims as the plaintiffs did not demonstrate sufficient factual allegations to show how the forced ranking system caused a systematic undervaluation of female technical employees. The Court granted the plaintiffs thirty days to amend the complaint to resolve the lack of detail with respect to the disparate impact claim. 2016 WL 4472930.

On April 6, 2016, the plaintiffs submitted their second amended complaint, which contained additional factual allegations to support their disparate impact claim. The defendant filed a motion to dismiss the disparate impact claims of the second amended complaint on April 25, 2016. On October 14, 2016, the court denied the defendant’s motion to dismiss the plaintiff's disparate impact claim, finding the additional facts sufficient to make the plaintiffs’ claims plausible. 2016 WL 6037978.

Over the next year, the parties engaged in class discovery. On October 27, 2017, plaintiffs moved for class certification of female employees in Stock Levels 59-67 working in the Engineering and/or the I/T Operations Professions from September 16, 2012, to the present.

On April 6, 2018, the defendants moved for summary judgment. They argued that the plaintiffs were procedurally barred from bringing their claims due to statute of limitation issues and that they could not establish a proper case for disparate treatment. They also alleged that the named plaintiff's constructive discharge claim failed due to her continuing to work long after the work conditions became allegedly intolerable, and that their retaliation claims failed due to no adverse action being taken against them.

On June 25, 2018, the court denied the plaintiff's class certification in a sealed order. 2018 WL 3328418. The court concluded that the plaintiffs had not affirmatively demonstrated commonality of fact, typicality of claims, or adequate protection of interests among the class. On July 9, 2018, the plaintiffs began the appeal process in the Ninth Circuit to contest the denial of class certification.

On July 11, 2018, the court issued an order granting partial summary judgment for the defendants. 2018 WL 3584701. The defendant's motion for summary judgment for the denial of punitive damages under state law was granted, and the rest of their motion was denied, including leaving open the possibility for punitive damages under federal law. Due to identifying information contained within the order it has been sealed.

On December 24, 2019, the Ninth Circuit affirmed the denial of class certification, agreeing with the District Court that certain requirements for class certification were not satisfied here and concluding that the District Court did not abuse its discretion. On March 6, 2020, the parties were ordered to meet and confer on how the case should proceed, and a few months later, on November 16, 2020, the plaintiff's claim was voluntarily dismissed with prejudice, with each party bearing its own attorney fees and costs. The case was then terminated on November 20, 2020.

Summary Authors

Cade Boland (11/27/2017)

Carter Powers Beggs (11/19/2019)

Kathleen Lok (11/3/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4537360/parties/moussouris-v-microsoft-corporation/

Judge(s)

Attorney for Plaintiff

Attorney, Michael Craig

Attorney, Kelly M.

Attorney for Defendant

Attorney, Joseph C.

Expert/Monitor/Master/Other

Annand, John

Attorney, Camille Annette

Judge(s)

Robart, James L. (Washington)

Attorney for Plaintiff

Attorney, Michael Craig

Attorney, Kelly M.

Bien, Rachel Megan (New York)

Chomski, Cara B. (New York)

Danna, Michael C (New York)

Dermody, Kelly M. (California)

Disney, Pamela (District of Columbia)

Eiland, Katrina L. (California)

Esquire, Adam T.

Geman, Rachel (New York)

General, Rachel Jenny

Greene, Cara Elizabeth (New York)

Klein, Adam T. (New York)

Lamy, Michelle A. (California)

Lee, Sharon M. (Washington)

Lenning, Cassandra Webster (Washington)

Levin-Gesundheit, Michael (California)

Miazad, Ossai (New York)

Mollica, Paul William (Illinois)

Peterson, Michelle (Washington)

Sagafi, Jahan C (California)

Salahi, Yaman (California)

Schwartz, Jennifer (Washington)

Shaver, Anne B. (California)

Stork, Elizabeth V. (New York)

Stromberg, Daniel (New York)

Subit, Michael C. (Washington)

Zegeye, Tiseme Gabriella (California)

Attorney for Defendant

Attorney, Joseph C.

Corkran, Kelsi Brown

Curtis, Wendy Butler (District of Columbia)

Damrell, Lauri A. (California)

Giese, Allison Riechert (California)

Hermle, Lynne C. (California)

Lawson, Megan M (California)

Liburt, Joseph (California)

Mantoan, Kathryn Grzenczyk (Oregon)

Parris, Mark Steven (Washington)

Perry, Jessica R. (California)

Rosenberg, Jill L (New York)

Rosenkranz, E. Joshua

Shapiro, Marc R (New York)

Smith, Randall Clayton

Other

Annand, John

Attorney, Camille Annette

Attorney, Corbin K.

Attorney, Jocelyn Dion

Counsel, Michael Hugh

Nahmias, David Sidney

Unikowsky, Adam G.

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:15-cv-01483	Docket [PACER]	April 23, 2019	April 23, 2019 Docket
1 2:15-cv-01483	Class Action Complaint	Sept. 16, 2015	Sept. 16, 2015 Complaint
52 2:15-cv-01483	Order	March 7, 2016	March 7, 2016 Order/Opinion 2016 WL 4472930
55 2:15-cv-01483	Second Amended Class Action Complaint	April 6, 2016	April 6, 2016 Complaint
134 2:15-cv-01483	Order	Oct. 14, 2016	Oct. 14, 2016 Order/Opinion 2016 WL 6037978
191 2:15-cv-01483	Order Appointing Special Master	May 2, 2017	May 2, 2017 Order/Opinion 2017 WL 1652910
508 2:15-cv-01483	Order Denying Class Certification	July 6, 2018	July 6, 2018 Order/Opinion
512 2:15-cv-01483	Order on Motion for Summary Judgment	Nov. 11, 2018	Nov. 11, 2018 Order/Opinion 2018 WL 3584701
523 18-35791	Memorandum U.S. Court of Appeals for the Ninth Circuit	Dec. 24, 2019	Dec. 24, 2019 Order/Opinion 799 Fed.Appx. 459

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4537360/moussouris-v-microsoft-corporation/

Last updated April 8, 2026, 5:06 a.m.

ECF Number	Date	Description	Link
1	Sept. 16, 2015	COMPLAINT Class Action Complaint against defendant(s) Microsoft Corporation with JURY DEMAND (Receipt # 0981-4161088) Attorney Sharon M Lee added to party Katherine Moussouris(pty:pla), filed by Katherine Moussouris. (Attachments: # 1 Civil Cover Sheet)(Lee, Sharon) (Entered: 09/16/2015) 1 Civil Cover Sheet View on PACER	RECAP
2	Sept. 16, 2015	PRAECIPE TO ISSUE SUMMONS by Plaintiff Katherine Moussouris (Lee, Sharon) (Entered: 09/16/2015)	RECAP
3	Sept. 17, 2015	APPLICATION OF ATTORNEY Kelly M. Dermody FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Katherine Moussouris (Fee Paid) Receipt No. 0981-4163135 (Lee, Sharon) (Entered: 09/17/2015)	RECAP
4	Sept. 17, 2015	APPLICATION OF ATTORNEY Anne B. Shaver FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Katherine Moussouris (Fee Paid) Receipt No. 0981-4163156 (Lee, Sharon) (Entered: 09/17/2015)	RECAP
5	Sept. 17, 2015	ORDER re 3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Kelly M Dermody for Katherine Moussouris, 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) (Entered: 09/17/2015)	RECAP
6	Sept. 17, 2015	ORDER re 4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Anne B. Shaver for Katherine Moussouris, 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) (Entered: 09/17/2015)	RECAP
7	Sept. 17, 2015	Summons electronically issued as to defendant(s) Microsoft Corporation. (ST) (Entered: 09/17/2015)	RECAP
	Sept. 17, 2015	Add and Terminate Judges
	Sept. 17, 2015	Order on Application for Leave to Appear Pro Hac Vice
	Sept. 17, 2015	Order on Application for Leave to Appear Pro Hac Vice
	Sept. 17, 2015	Judge James L. Robart added. (ST)
8	Oct. 27, 2015	AMENDED COMPLAINT against defendant(s) Microsoft Corporation with JURY DEMAND, filed by Katherine Moussouris. (Attachments: # 1 Exhibit A)(Lee, Sharon) (Entered: 10/27/2015) 1 Exhibit A View on PACER	RECAP
9	Oct. 28, 2015	NOTICE of Appearance by attorney Mark Steven Parris on behalf of Defendant Microsoft Corporation. (Attachments: # 1 Certificate of Service)(Parris, Mark) (Entered: 10/28/2015) 1 Certificate of Service View on PACER	RECAP
10	Oct. 30, 2015	APPLICATION OF ATTORNEY Adam T. Klein FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Katherine Moussouris, Holly Muenchow, Dana Piermarini (Fee Paid) Receipt No. 0981-4214113 (Lee, Sharon) (Entered: 10/30/2015)	RECAP
11	Oct. 30, 2015	APPLICATION OF ATTORNEY Ossai Miazad FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Katherine Moussouris, Holly Muenchow, Dana Piermarini (Fee Paid) Receipt No. 0981-4214122 (Lee, Sharon) (Entered: 10/30/2015)	RECAP
12	Oct. 30, 2015	APPLICATION OF ATTORNEY Katrina Eiland FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Katherine Moussouris, Holly Muenchow, Dana Piermarini (Fee Paid) Receipt No. 0981-4214130 (Lee, Sharon) (Entered: 10/30/2015)	RECAP
13	Oct. 30, 2015	ORDER re 10 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Adam T Klein for Katherine Moussouris, Holly Muenchow, and for Dana Piermarini, 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) (Entered: 10/30/2015)	RECAP
14	Oct. 30, 2015	ORDER re 11 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Ossai Miazad for Katherine Moussouris, Holly Muenchow, and for Dana Piermarini, 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) (Entered: 10/30/2015)	RECAP
15	Oct. 30, 2015	ORDER re 12 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Katrina L Eiland for Katherine Moussouris, Holly Muenchow, and for Dana Piermarini, 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) (Entered: 10/30/2015)	RECAP
	Oct. 30, 2015	Order on Application for Leave to Appear Pro Hac Vice
	Oct. 30, 2015	Order on Application for Leave to Appear Pro Hac Vice
	Oct. 30, 2015	Order on Application for Leave to Appear Pro Hac Vice
16	Nov. 5, 2015	STIPULATION AND PROPOSED ORDER by parties (Attachments: # 1 Certificate of Service)(Parris, Mark) (Entered: 11/05/2015) 1 Certificate of Service View on PACER	RECAP
17	Nov. 6, 2015	STIPULATION AND ORDER; dft's responsive pleading due 11/12/15; dft's motion to be noted for 12/18/15, opposition due 12/7/15, reply due 12/18/15 by Judge James L. Robart. (RS) (Entered: 11/06/2015)	RECAP
18	Nov. 9, 2015	ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 1/8/2016, FRCP 26f Conference Deadline is 12/28/2015, Initial Disclosure Deadline is 1/8/2016, by Judge James L. Robart. (CC) (Entered: 11/09/2015)	RECAP
19	Nov. 9, 2015	SCHEDULING ORDER REGARDING CLASS CERTIFICATION MOTION. Deadline to complete discovery on class certification - February 13, 2016. Deadline for Plaintiffs to file motion for class certification - March 16, 2016. by Judge James L. Robart. (CC) (Entered: 11/09/2015)	RECAP
20	Nov. 12, 2015	APPLICATION OF ATTORNEY Michael Levin-Gesundheit FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Katherine Moussouris (Fee Paid) Receipt No. 0981-4228760 (Lee, Sharon) (Entered: 11/12/2015)	RECAP
21	Nov. 12, 2015	APPLICATION OF ATTORNEY Lynne C. Hermle FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Microsoft Corporation (Fee Paid) Receipt No. 0981-4229211 (Attachments: # 1 Certificate of Service)(Parris, Mark) (Entered: 11/12/2015) 1 Certificate of Service View on PACER	RECAP
22	Nov. 12, 2015	APPLICATION OF ATTORNEY Jessica R. Perry FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Microsoft Corporation (Fee Paid) Receipt No. 0981-4229226 (Attachments: # 1 Certificate of Service)(Parris, Mark) (Entered: 11/12/2015) 1 Certificate of Service View on PACER	RECAP
23	Nov. 12, 2015	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, STRIKE AND/OR FOR MORE DEFINITE STATEMENT by Defendant Microsoft Corporation. Oral Argument Requested. (Attachments: # 1 Proposed Order Granting Microsoft's Motion to Dismiss, Strike and/or for More Definite Statement) Noting Date 12/18/2015, (Parris, Mark) (Entered: 11/12/2015) 1 Proposed Order Granting Microsoft's Motion to Dismiss, Strike and/or for Mo View on PACER	RECAP
24	Nov. 12, 2015	CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Microsoft Corporation (Parris, Mark) (Entered: 11/12/2015)	RECAP
25	Nov. 13, 2015	ORDER re 20 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Michael Levin-Gesundheit for Katherine Moussouris, 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) (Entered: 11/13/2015)	RECAP
26	Nov. 13, 2015	ORDER re 21 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Lynne C Hermie Lynne C. Hermle for Microsoft Corporation, 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) Modified on 1/27/2016 (DS). (Entered: 11/13/2015)	RECAP
27	Nov. 13, 2015	ORDER re 22 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jessica R Perry for Microsoft Corporation, 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) (Entered: 11/13/2015)	RECAP
	Nov. 13, 2015	Order on Application for Leave to Appear Pro Hac Vice
	Nov. 13, 2015	Order on Application for Leave to Appear Pro Hac Vice
28	Dec. 7, 2015	RESPONSE, by Plaintiffs Katherine Moussouris, Holly Muenchow, Dana Piermarini, to 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, STRIKE AND/OR FOR MORE DEFINITE STATEMENT. Oral Argument Requested. (Lee, Sharon) (Entered: 12/07/2015)	RECAP
29	Dec. 18, 2015	REPLY, filed by Defendant Microsoft Corporation, TO RESPONSE to 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, STRIKE AND/OR FOR MORE DEFINITE STATEMENT (Parris, Mark) (Entered: 12/18/2015)	RECAP
30	Jan. 5, 2016	REQUEST by Plaintiffs Katherine Moussouris, Holly Muenchow, Dana Piermarini for Judicial Notice re 28 Response to Motion (Attachments: # 1 Exhibit A)(Lee, Sharon) (Entered: 01/05/2016) 1 Exhibit A View on PACER	RECAP
31	Jan. 6, 2016	NOTICE of Association of Attorney by Michael C Subit on behalf of Plaintiffs Katherine Moussouris, Holly Muenchow, Dana Piermarini. (Subit, Michael) (Entered: 01/06/2016)	RECAP
32	Jan. 8, 2016	JOINT STATUS REPORT signed by all parties (Parris, Mark) (Entered: 01/08/2016)	RECAP
33	Jan. 20, 2016	MINUTE ORDER by Judge James L. Robart. Telephonic hearing regarding discovery dispute is set for 1/29/2016 at 09:00 AM before Judge James L. Robart. Briefs to be submitted by 12:00 p.m. on 1/25/2016. (PM) (Entered: 01/20/2016)	RECAP
34	Jan. 21, 2016	PROPOSED ORDER (Unsigned) Stipulated Protective Order (Shaver, Anne) (Entered: 01/21/2016)	RECAP
35	Jan. 25, 2016	MOTION for Discovery by Defendant Microsoft Corporation. Oral Argument Requested. (Attachments: # 1 Proposed Order Proposed Order Regarding Discovery Dispute) Noting Date 1/29/2016, (Parris, Mark) (Entered: 01/25/2016) 1 Proposed Order Proposed Order Regarding Discovery Dispute View on PACER	RECAP
36	Jan. 25, 2016	Plaintiffs' BRIEF Regarding 30(b)(6) Discovery Dispute by Plaintiffs Katherine Moussouris, Holly Muenchow, Dana Piermarini (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Shaver, Anne) (Entered: 01/25/2016) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	RECAP
37	Jan. 25, 2016	DECLARATION of Jessica R. Perry In Support of Microsoft's Memorandum of Points and Authorities Re Discovery Dispute filed by Defendant Microsoft Corporation re 35 MOTION for Discovery (Parris, Mark) (Entered: 01/25/2016)	RECAP
38	Jan. 25, 2016	DECLARATION of Martin Loughlin In Support of Microsoft's Memorandum of Points and Authorities re Discovery Dispute filed by Defendant Microsoft Corporation re 35 MOTION for Discovery (Parris, Mark) (Entered: 01/25/2016)	RECAP
39	Jan. 25, 2016	DECLARATION of Larrissa Johnson in Support of Microsoft's Memorandum of Points and Authorities Re Discovery Dispute filed by Defendant Microsoft Corporation re 35 MOTION for Discovery (Parris, Mark) (Entered: 01/25/2016)	RECAP
40	Jan. 25, 2016	DECLARATION of Shreejit Sugathan in Support of Microsoft's Memorandum of Points and Authorities Re Discovery Dispute filed by Defendant Microsoft Corporation re 35 MOTION for Discovery (Parris, Mark) (Entered: 01/25/2016)	RECAP
41	Jan. 25, 2016	PRAECIPE re 37 Declaration of Jessica R. Perry in Support of Microsoft's Memorandum of Points and Authorities re Discovery Dispute by Defendant Microsoft Corporation (Parris, Mark) (Entered: 01/25/2016)	RECAP
42	Jan. 26, 2016	APPLICATION OF ATTORNEY Wendy Butler Curtis FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Microsoft Corporation (Fee Paid) Receipt No. 0981-4315415 (Parris, Mark) (Entered: 01/26/2016)	RECAP
43	Jan. 26, 2016	APPLICATION OF ATTORNEY Lauri A. Damrell FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Microsoft Corporation (Fee Paid) Receipt No. 0981-4315419 (Parris, Mark) (Entered: 01/26/2016)	RECAP
44	Jan. 26, 2016	CERTIFICATE OF SERVICE by Defendant Microsoft Corporation re 43 Application for Leave to Appear Pro Hac Vice, 42 Application for Leave to Appear Pro Hac Vice (Parris, Mark) (Entered: 01/26/2016)	RECAP
45	Jan. 27, 2016	ORDER re 42 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Wendy Butler Curtis for Microsoft Corporation, 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) (Entered: 01/27/2016)	RECAP
46	Jan. 27, 2016	ORDER re 43 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Lauri A Damrell for Microsoft Corporation, 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) (Entered: 01/27/2016)	RECAP
	Jan. 27, 2016	Order on Application for Leave to Appear Pro Hac Vice
47	Jan. 28, 2016	NOTICE of Supplemental Filing re 36 Brief ; filed by Plaintiffs Katherine Moussouris, Holly Muenchow, Dana Piermarini. (Attachments: # 1 Exhibit)(Shaver, Anne) (Entered: 01/28/2016) 1 Exhibit View on PACER	RECAP
48	Jan. 29, 2016	STIPULATED PROTECTIVE ORDER by Judge James L. Robart. (PM) (Entered: 01/29/2016)	RECAP
49	Jan. 29, 2016	MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Kelly Dermody, Anne Shaver, Adam Klein, Michael Subit; Def Counsel: Mark Parris, Jessica Perry, Wendy Curtis, Lauri Damrell; CR: Nancy Bauer; Telephone Conference held on 1/29/2016. The court quashes both pending deposition notices without prejudice to future discovery. The court strikes the schedule for class discovery and the motion for class certification, Dkt. # 19, until the court rules on the motion to dismiss, Dkt. # 23. The court rules the motion for discovery is moot, Dkt. #35. Within ten (10) days of the court's ruling on the motion to dismiss, the court directs counsel to submit an agreed schedule on class discovery and the motion for class certification. In the event the parties cannot agree, each side may propose a schedule and the court will rule. (CC) (Entered: 01/29/2016)	RECAP
	Jan. 29, 2016	Telephone Conference
50	Feb. 8, 2016	STIPULATION AND PROPOSED ORDER Concerning Production of Electronically Stored Information by parties (Attachments: # 1 Certificate of Service)(Parris, Mark) (Entered: 02/08/2016) 1 Certificate of Service View on PACER	RECAP
51	Feb. 10, 2016	STIPULATION AND ORDER concerning production of electronically stored information by Judge James L. Robart. (RS) (Entered: 02/10/2016)	RECAP
52	March 7, 2016	ORDER granting in part and denying in part Microsoft's 23 Motion to Dismiss for Failure to State a Claim; court grants plaintiffs 30 days to amend their complaint and directs parties to file a proposed class discovery and certification schedule within 15 days by Judge James L. Robart.(RS) (Entered: 03/08/2016)	RECAP
53	March 23, 2016	STIPULATION AND PROPOSED ORDER on class discovery and certification schedule by parties (Shaver, Anne) (Entered: 03/23/2016)	RECAP
54	March 25, 2016	MINUTE ORDER by Judge James L. Robart. The court ORDERS that Plaintiffs file their class certification motion so as to note no later than 10/7/2016. The deadline to complete discovery on class certification shall be 8/12/2016.(AD) (Entered: 03/25/2016)	RECAP
55	April 6, 2016	Second AMENDED COMPLAINT against defendant(s) Microsoft Corporation with JURY DEMAND, filed by Dana Piermarini, Katherine Moussouris, Holly Muenchow. (Attachments: # 1 Exhibit A)(Shaver, Anne) (Entered: 04/06/2016) 1 Exhibit A View on PACER	RECAP
56	April 7, 2016	APPLICATION OF ATTORNEY Yaman Salahi FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Katherine Moussouris, Holly Muenchow, Dana Piermarini (Fee Paid) Receipt No. 0981-4405004 (Lee, Sharon) (Entered: 04/07/2016)	RECAP
57	April 7, 2016	ORDER re 56 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Yaman Salahi for Katherine Moussouris, Holly Muenchow, and for Dana Piermarini, 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) (Entered: 04/07/2016)	RECAP
58	April 7, 2016	APPLICATION OF ATTORNEY Elizabeth V. Stork FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Katherine Moussouris, Holly Muenchow, Dana Piermarini (Fee Paid) Receipt No. 0981-4405598 (Lee, Sharon) (Entered: 04/07/2016)	RECAP
59	April 7, 2016	ORDER re 58 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Elizabeth V Stork for Katherine Moussouris, Holly Muenchow, and for Dana Piermarini, 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) (Entered: 04/07/2016)	RECAP
	April 7, 2016	Order on Application for Leave to Appear Pro Hac Vice
60	April 20, 2016	MINUTE ORDER by Judge James L. Robart setting a telephone hearing for 5/3/2016 at 02:00 PM regarding a discovery dispute. Each party to submit up to a 4 page brief by 5:00 PM on 4/28/2016. (PM) (Entered: 04/20/2016)	RECAP
61	April 25, 2016	ANSWER to 55 Amended Complaint by Microsoft Corporation.(Parris, Mark) (Entered: 04/25/2016)	RECAP
62	April 25, 2016	MOTION to Dismiss Plaintiffs' Disparate Impact Claims in Second Amended Complaint by Defendant Microsoft Corporation. Oral Argument Requested. (Attachments: # 1 Proposed Order [Proposed] Order Granting Microsoft's Motion to Dismiss Plaintiffs' Disparate Impact Claims In Second Amended Complaint) Noting Date 5/20/2016, (Parris, Mark) (Entered: 04/25/2016) 1 Proposed Order [Proposed] Order Granting Microsoft's Motion to Dismiss Plai View on PACER	RECAP
63	April 25, 2016	REQUEST by Defendant Microsoft Corporation for Judicial Notice in Support of Motion to Dismiss Plaintiffs' Disparate Impact Claims in Second Amended Complaint re 62 MOTION to Dismiss Plaintiffs' Disparate Impact Claims in Second Amended Complaint (Attachments: # 1 Exhibit Exhibit A to Request for Judicial Notice, # 2 Exhibit Exhibit B to Request for Judicial Notice, # 3 Exhibit Exhibit C to Request for Judicial Notice, # 4 Exhibit Exhibit D to Request for Judicial Notice)(Parris, Mark) (Entered: 04/25/2016) 1 Exhibit Exhibit A to Request for Judicial Notice View on PACER 2 Exhibit Exhibit B to Request for Judicial Notice View on PACER 3 Exhibit Exhibit C to Request for Judicial Notice View on PACER 4 Exhibit Exhibit D to Request for Judicial Notice View on PACER	RECAP
64	April 28, 2016	MOTION to Compel Responses to Microsoft's First Set of Interrogatories to Plaintiff Holly Muenchow by Defendant Microsoft Corporation. Oral Argument Requested. Noting Date 5/3/2016, (Parris, Mark) (Entered: 04/28/2016)	RECAP
65	April 28, 2016	DECLARATION of Lauri A. Damrell filed by Defendant Microsoft Corporation re 64 MOTION to Compel Responses to Microsoft's First Set of Interrogatories to Plaintiff Holly Muenchow (Attachments: # 1 Exhibit A-C)(Parris, Mark) (Entered: 04/28/2016) 1 Exhibit A-C View on PACER	RECAP
66	April 28, 2016	PROPOSED ORDER (Unsigned) re 64 MOTION to Compel Responses to Microsoft's First Set of Interrogatories to Plaintiff Holly Muenchow (Parris, Mark) (Entered: 04/28/2016)	RECAP
67	April 28, 2016	MEMORANDUM of Law re Contention Interrogatories Discovery Dispute by Plaintiffs Katherine Moussouris, Holly Muenchow, Dana Piermarini (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Levin-Gesundheit, Michael) (Entered: 04/28/2016) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	RECAP
68	May 2, 2016	APPLICATION OF ATTORNEY Rachel Geman FOR LEAVE TO APPEAR PRO HAC VICE by Plaintiffs Katherine Moussouris, Holly Muenchow, Dana Piermarini Receipt No. 0981-4434639 (Lee, Sharon) (Entered: 05/02/2016)	RECAP
69	May 2, 2016	ORDER re 68 Application. The Court ADMITS Attorney Rachel J Geman for Katherine Moussouris, Holly Muenchow, and for Dana Piermarini, 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) (Entered: 05/02/2016)	RECAP
	May 2, 2016	Order on Application for Leave to Appear Pro Hac Vice
70	May 3, 2016	MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Kelly Dermody, Adam Klein, Anne Shaver, Michael Subit; Def Counsel: Lauri Damrell, Mark Parris; CR: Nancy Bauer; Telephone Conference held on 5/3/2016. The court hears from counsel on the Motion to Compel, Dkt. #64. For the reasons stated on the record, the court grants the motion. The court orders Plaintiff Holly Muenchow to provide responses to Microsoft's First Set of Interrogatories by noon, Wednesday, May 18, 2016. (CC) (Entered: 05/03/2016)	RECAP
	May 3, 2016	Telephone Conference
71	May 16, 2016	RESPONSE, by Plaintiffs Katherine Moussouris, Holly Muenchow, Dana Piermarini, to 62 MOTION to Dismiss Plaintiffs' Disparate Impact Claims in Second Amended Complaint. Oral Argument Requested. (Levin-Gesundheit, Michael) (Entered: 05/16/2016)	RECAP
72	May 16, 2016	DECLARATION of Anne B. Shaver ISO Plaintiffs' Opposition to Motion to Dismiss filed by Plaintiffs Katherine Moussouris, Holly Muenchow, Dana Piermarini re 62 MOTION to Dismiss Plaintiffs' Disparate Impact Claims in Second Amended Complaint (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Levin-Gesundheit, Michael) (Entered: 05/16/2016) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	RECAP
73	May 16, 2016	DECLARATION of Holly Muenchow ISO Plaintiffs' Opposition to Motion to Dismiss filed by Plaintiffs Katherine Moussouris, Holly Muenchow, Dana Piermarini re 62 MOTION to Dismiss Plaintiffs' Disparate Impact Claims in Second Amended Complaint (Levin-Gesundheit, Michael) (Entered: 05/16/2016)	RECAP
74	May 20, 2016	REPLY, filed by Defendant Microsoft Corporation, TO RESPONSE to 62 MOTION to Dismiss Plaintiffs' Disparate Impact Claims in Second Amended Complaint (Parris, Mark) (Entered: 05/20/2016)	RECAP
75	May 20, 2016	REQUEST by Defendant Microsoft Corporation for Judicial Notice re 74 Reply to Response to Motion (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Parris, Mark) (Entered: 05/20/2016) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	RECAP
76	May 20, 2016	DECLARATION of Lauri A. Damrell in Support of Reply filed by Defendant Microsoft Corporation re 62 MOTION to Dismiss Plaintiffs' Disparate Impact Claims in Second Amended Complaint (Parris, Mark) (Entered: 05/20/2016)	RECAP
	May 23, 2016	Set/Reset Hearings: Counsel for Plaintiffs and counsel for Defendant contacted the court to request a hearing on their dispute over the temporal scope of discovery. Plaintiffs and Defendant are each to submit a brief on that issue, not to exceed five (5) pages, no later than 12:00 p.m. on Wednesday, June 1, 2016. The court will then hold an in-court hearing on the issue at 11:00 a.m. on Monday, June 6, 2016, in Courtroom 14106.(CC)
	May 23, 2016	Set/Reset Hearings
77	May 26, 2016	APPLICATION OF ATTORNEY Cara B. Chomski FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Katherine Moussouris, Holly Muenchow, Dana Piermarini (Fee Paid) Receipt No. 0981-4465979 (Lee, Sharon) (Entered: 05/26/2016)	RECAP
78	May 27, 2016	ORDER re 77 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Cara B Chomski for plaintiffs Katherine Moussouris, Holly Muenchow,and Dana Piermarini, 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).(CDA) (Entered: 05/27/2016)	RECAP
	May 27, 2016	Order on Application for Leave to Appear Pro Hac Vice
79	June 1, 2016	MEMORANDUM re Set/Reset Hearings, on Dispute Regarding Temporal Scope of Class & Discovery by Defendant Microsoft Corporation (Attachments: # 1 Proposed Order)(Parris, Mark) (Entered: 06/01/2016) 1 Proposed Order View on PACER	RECAP
80	June 1, 2016	Plaintiffs' BRIEF Regarding Temporal Scope Discovery Dispute by Plaintiffs Katherine Moussouris, Holly Muenchow, Dana Piermarini (Shaver, Anne) (Entered: 06/01/2016)	RECAP
81	June 1, 2016	DECLARATION of Lauri A. Damrell re 79 Memorandum by Defendant Microsoft Corporation (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Parris, Mark) (Entered: 06/01/2016) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	RECAP
82	June 6, 2016	MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Kelly Dermody, Michael Subit; Def Counsel: Mark Parris; CR: Nickie Drury; Status Hearing held on 6/6/2016. The court, treating this dispute as a matter of discovery and reserving judgment on the merits, holds that the the class discovery period shall begin on January 1, 2010. (CC) (Entered: 06/06/2016)	RECAP
	June 6, 2016	Status Conference

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Case Details

State / Territory:

Washington

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 16, 2015

Closing Date: Nov. 20, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Female technical employees of Microsoft.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Outten & Golden

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Private Entity/Person

Microsoft Corporation

Defendant Type(s):

Retailer

Case Details

Causes of Action:

State Anti-Discrimination Law

State law

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

Other Dockets:

Western District of Washington 2:15-cv-01483

U.S. Court of Appeals for the Ninth Circuit 18-35791

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

Recommended Citation

Case Summary of Moussouris v. Microsoft Corporation, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/16146/ (last updated 11/3/2022).