Parties in Microsoft Privacy Case Propose 2026 Trial Dates; No Settlement Talks Seen

Plaintiff Jane Doe and defendants Microsoft and Qualtrics don't agree on a discovery plan and timing for discovery in Doe’s privacy case, said their joint status report and discovery plan Tuesday (docket 2:23-cv-00718) in U.S. District Court for Western Washington in Seattle. Doe’s May complaint (see 2305160051), asserting claims of California’s Invasion of Privacy Act and Unfair Competition Law violations, alleges the defendants repeatedly and systematically violated Doe's and class members’ privacy by surreptitiously extracting private healthcare and other information from Kaiser members’ communications with the Kaiser website through tracking code and services provided by Microsoft and Qualtrics. Doe anticipates 15-20 trial days for completion of the case; defendants expect to try Doe’s individual claim in 7-10 days; if the case proceeds to trial as a class action, the trial “will be substantially longer,” said the defendants’ statement. Doe proposes that a trial date be set after class certification or for June 15, 2026, said the report. Since the defendants will contend a motion for class certification, they request deferral of a trial date until after a decision on class certification, it said. If the court requires an anticipated trial date now, defendants anticipate the case may be “trial ready” by Feb. 27, 2026. The parties don’t believe settlement discussions would be fruitful at this time, it said.