Phillips v. Churchill Capital Corporation IV et al
| Randy Phillips, Max Royal LLC, Seung Lee, Hee Lee, Aaron Lan, Paradigm Business Park LLC and Sichao Xu |
| Michael Klein, Churchill Capital Corporation IV, Peter Rawlinson, Jay Faragin and Atieva Inc d/b/a Lucid Motors |
| 1:2021cv00539 |
| April 18, 2021 |
| US District Court for the Northern District of Alabama |
| Annemarie Carney Axon |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 22, 2021. A more recent docket listing may be available from PACER.
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Filing 63
TEXT ORDER - The court GRANTS #62 Motion for Admission Pro Hac Vice for Brian Burnovski and Daniel Schwartz on Behalf of Lucid Group, Inc., f/k/a Churchill Capital Corp. IV. Signed by Judge Annemarie Carney Axon on 9/22/21. (SAC)
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Filing 62
MOTION for Leave to Appear Pro Hac Vice for Brian Burnovski and Daniel Schwartz by Churchill Capital Corporation IV. (McNeill, J)
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Filing 61
MEMORANDUM OPINION AND ORDER - For the reasons explained above, the court DENIES Stephen Stanley and Gary Durrell's motion for appointment as lead plaintiff. (Doc. #25 ). The court DENIES CCIV Investor Group's motion for appointment as lead plaintiff. (Doc. #30 ). The court DENIES Dr. Michael Howell's motion for appointment as lead plaintiff. (Doc. #31 ). The court DENIES Randy Phillips and Robin Seecharan's motion for appointment as lead plaintiff. (Doc. #34 ). The court GRANTS Paradigm Business Park, LLC and Sichao Xu's motion for appointment as lead plaintiff and for approval of selection of lead counsel. (Doc. #33 ). On or before October 18, 2021, Lead Counsel shall file an amended complaint or file a notice designating a previously filed complaint as the operative complaint. Signed by Judge Annemarie Carney Axon on 9/16/2021. (KEK)
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PHV Fee paid: $ 75, receipt number 1126-3924488. (Riley, Robert)
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PHV Fee paid: $ 75, receipt number 1126-3924503. (Riley, Robert)
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Filing 60
TEXT ORDER - The court GRANTS #54 Motion for Leave to Appear pro hac vice for attorney Thomas H. Przybylowski contingent upon payment of the $75.00 pro hac vice fee within 7 days of entry of this order. Signed by Judge Annemarie Carney Axon on 9/13/21. (SAC)
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Filing 59
TEXT ORDER - The court GRANTS #53 Motion for Limited Admission for attorney Francis P. McConville. Signed by Judge Annemarie Carney Axon on 9/13/21. (SAC)
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Filing 58
REPLY to re #43 , #48 , #49 filed by Randy Phillips. (Winston, Lee)
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Filing 57
REPLY Brief filed by Plaintiffs Paradigm Business Park LLC, Sichao Xu re: #33 MOTION to Appoint Counsel for Appointment as Lead Plaintiffs and Approval of Selection of Counsel filed by Paradigm Business Park LLC, Sichao Xu. (Riley, Robert)
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Filing 56
RESPONSE in Support re #25 MOTION OF STEPHEN STANLEY AND GARY DURELL FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL filed by Aaron Lan, Hee Lee, Seung Lee, Max Royal LLC, Paradigm Business Park LLC, Randy Phillips, Sichao Xu. (Cooper, Patrick)
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Filing 55
NOTICE OF NON-OPPOSITION by Aaron Lan, Hee Lee, Seung Lee, Max Royal LLC re #33 MOTION to Appoint Counsel for Appointment as Lead Plaintiffs and Approval of Selection of Counsel, #34 MOTION Selection as Lead Plaintiffs and Appoint Counsel , #25 MOTION OF STEPHEN STANLEY AND GARY DURELL FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL, #31 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff; Memorandum of Law in Support Thereof. (Eubank, James) Modified docket text on 9/9/2021 (KEK).
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Filing 54
MOTION for Limited Admission of Thomas H. Przybylowski by Paradigm Business Park LLC, Sichao Xu. (Attachments: #1 Exhibit Court Admissions, #2 Exhibit Thomas Przybylowski COGS NYS First Department)(Riley, Robert)
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Filing 53
MOTION for Limited Admission by Paradigm Business Park LLC, Sichao Xu. (Attachments: #1 Exhibit Francis P. McConville Court Admissions, #2 Exhibit Certificate of Good Standing - F. McConville)(Riley, Robert)
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Filing 52
TEXT ORDER: The court GRANTS #51 Motion for Leave to Appear pro hac vice for attorney Guillaume Buell contingent upon payment of the $75.00 pro hac vice fee within 7 days of entry of this order. Signed by Judge Annemarie Carney Axon on 9/9/21. (SAC)
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PHV Fee paid: $ 75, receipt number 1126-3922095. (Riley, Robert)
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Filing 51
MOTION for Limited Admission pro hac vice of Guillaume Buell by Paradigm Business Park LLC, Sichao Xu. (Attachments: #1 Exhibit List of Court Admissions, #2 Exhibit Certificate of good standing)(Riley, Robert)
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Filing 50
RESPONSE to Motion re #33 MOTION to Appoint Counsel for Appointment as Lead Plaintiffs and Approval of Selection of Counsel, #30 MOTION for Appointment as Lead Plaintiffs and Approval of Selection of Counsel, #25 MOTION OF STEPHEN STANLEY AND GARY DURELL FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL, #31 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff; Memorandum of Law in Support Thereof filed by Randy Phillips. (Winston, Lee)
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Filing 49
RESPONSE to Lead Plaintiff Motions (Defendants' Statement Taking No Position on Lead Plaintiff Motions) filed by Atieva Inc, Churchill Capital Corporation IV, Jay Faragin, Michael Klein, Peter Rawlinson. (McNeill, J)
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Filing 48
MEMORANDUM OF LAW in Support of #33 Motion by Paradigm Business Park LLC, Sichao Xu. (Attachments: #1 Affidavit Declaration of counsel, #2 Exhibit Memorandum and Opinion Valdes v. Kandi Technologies Group, #3 Exhibit January 14 2021 Bloomberg article)(Riley, Robert) Modified on 9/8/2021 (KEK).
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Filing 47
Corporate Disclosure Statement by Churchill Capital Corporation IV. filed by Churchill Capital Corporation IV (McNeill, J)
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Filing 46
Corporate Disclosure Statement by Atieva Inc. filed by Atieva Inc (McNeill, J)
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Filing 45
NOTICE of Appearance by Jamie Helen Kidd on behalf of Churchill Capital Corporation IV (Kidd, Jamie)
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Filing 44
NOTICE by Churchill Capital Corporation IV of Name Change of Defendant Lucid Group, Inc. (McNeill, J)
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Filing 43
RESPONSE to Motion re #33 MOTION to Appoint Counsel for Appointment as Lead Plaintiffs and Approval of Selection of Counsel, #34 MOTION Selection as Lead Plaintiffs and Appoint Counsel , #30 MOTION for Appointment as Lead Plaintiffs and Approval of Selection of Counsel, #25 MOTION OF STEPHEN STANLEY AND GARY DURELL FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL filed by Dr. Michael A. Howell. (Bedford, Roger)
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Filing 42
TEXT ORDER - The court finds as MOOT #37 and #38 Motions for Limited Admission due to the filing of #39 and #40 Amended Motions for Limited Admission. Signed by Judge Annemarie Carney Axon on 9/7/21. (SAC)
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Filing 41
TEXT ORDER - The court GRANTS the Amended Motions for Leave to Appear pro hac vice of J. Alexander Hood #39 and Jeremy A. Lieberman #40 contingent upon the payment of the $75.00 ($150.00 total) pro hac vice fees within 7 days of entry of this order. Signed by Judge Annemarie Carney Axon on 9/7/21. (SAC)
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PHV Fee paid: $ 75, receipt number 1126-3920339. (Riley, Robert)
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PHV Fee paid: $ 75, receipt number 1126-3920338. (Riley, Robert)
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Filing 40
Amended MOTION for Limited Admission pro hac vice of Jeremy A. Lieberman by Paradigm Business Park LLC, Sichao Xu. (Attachments: #1 Exhibit List of Court Admissions, #2 Exhibit Certificate of good standing)(Riley, Robert)
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Filing 39
Amended MOTION for Limited Admission pro hac vice of J. Alexander Hood by Paradigm Business Park LLC, Sichao Xu. (Attachments: #1 Exhibit List of Court Admissions, #2 Exhibit Certificate of good standing)(Riley, Robert)
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Filing 38
MOTION for Limited Admission pro hac vice of Jeremy A. Lieberman by Paradigm Business Park LLC, Sichao Xu. (Attachments: #1 Exhibit List of Court Admissions, #2 Exhibit Certificate of good standing)(Riley, Robert)
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Filing 37
MOTION for Limited Admission pro hac vice of J. Alexander Hood by Paradigm Business Park LLC, Sichao Xu. (Attachments: #1 Exhibit List of Court Admissions, #2 Exhibit Certificate of good standing)(Riley, Robert)
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Filing 36
TEXT ORDER: Before the court are five motions for appointment of lead plaintiff and approval of selection of counsel. (Docs. #25 , #30 , #31 , #33 , #34 ). Any responses to the motions are due on or before September 7, 2021. Replies, if any, are due on or before September 10, 2021. Signed by Judge Annemarie Carney Axon on 8/31/2021. (KEK)
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Filing 35
Evidentiary Material re: #34 MOTION Selection as Lead Plaintiffs and Appoint Counsel . (Attachments: #1 Exhibit Robin Seecharan Declaration, #2 Exhibit Screen Shot 1 Account Value 2/22/2021, #3 Exhibit Screen Shot 2 Account Value 2/23/2021, #4 Exhibit Screen Shot Showing Loss, #5 Exhibit Web Bull Trading Records, #6 Exhibit Vanguard/TD/Etrade records., #7 Exhibit Summary Chart of PIPE Investments Pricing including Churchill IV/LUCID)(Winston, Lee)
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Filing 34
MOTION Selection as Lead Plaintiffs and Appoint Counsel by Randy Phillips. (Winston, Lee)
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Filing 33
MOTION to Appoint Counsel for Appointment as Lead Plaintiffs and Approval of Selection of Counsel by Paradigm Business Park LLC, Sichao Xu. (Attachments: #1 Affidavit Declaration of counsel, #2 Exhibit Certification and assignments of Paradigm Business Park LLC, #3 Exhibit Certification of Sichao Xu, #4 Exhibit Loss chart, #5 Exhibit PSLRA Notice, #6 Exhibit Joint declaration of Paradigm and Xu, #7 Exhibit Labaton Sucharow resume, #8 Exhibit Pomerantz Firm resume, #9 Exhibit Riley & Jackson securities resume, #10 Text of Proposed Order)(Riley, Robert)
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Filing 32
AFFIDAVIT re #31 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff; Memorandum of Law in Support Thereof Declaration of Danielle S. Myers in Support by Dr. Michael A. Howell. filed by Dr. Michael A. Howell (Attachments: #1 Exhibit A - PSLRA Certification, #2 Exhibit B - Estimate of losses, #3 Exhibit C - Declaration of Dr. Michael A. Howell)(Bedford, Roger)
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Filing 31
MOTION to Appoint Counsel and for Appointment as Lead Plaintiff; Memorandum of Law in Support Thereof by Dr. Michael A. Howell. (Bedford, Roger)
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Filing 30
MOTION for Appointment as Lead Plaintiffs and Approval of Selection of Counsel by Max Royal LLC, Seung Lee, Hee Lee, Aaron Lan. (Attachments: #1 Memorandum of Law In Support, #2 James Eubank Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Text of Proposed Order)(Eubank, James)
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Filing 29
NOTICE by Randy Phillips re #28 Order, Compliance (Winston, Lee)
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Filing 28
ORDER - On or before June 29, 2021, Mr. Phillips SHALL publish an amended notice advising purported class members that they must file lead plaintiff motions within 60 days of publication of the amended notice. Signed by Judge Annemarie Carney Axon on 6/22/2021. (KEK) Modified docket text on 8/23/2021 (KEK).
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Filing 27
TEXT ORDER: The court GRANTS Defendants' joint opposed motion to extend deadlines. (Doc. #22 ). The court extends the deadline for Defendants responsive pleadings and the parties' planning meeting and other Rule 26 obligations until 30 days after the date on which the lead Plaintiff has either: (1) filed an amended and/or consolidated complaint or (2) designated a previously filed complaint as the operative complaint. Signed by Judge Annemarie Carney Axon on 6/22/2021. (KEK)
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Filing 26
NOTICE by Randy Phillips re #25 MOTION OF STEPHEN STANLEY AND GARY DURELL FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL of PROPOSED ORDER (Cooper, Patrick)
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Filing 25
MOTION OF STEPHEN STANLEY AND GARY DURELL FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL by Randy Phillips. (Attachments: #1 Supplement MEMORANDUM OF LAW IN SUPPORT OF MOTION OF STEPHEN STANLEY AND GARY DURELL FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL, #2 Affidavit DECLARATION OF PATRICK C. COOPER IN SUPPORT OF MOTION OF STEPHEN STANLEY AND GARY DURELL FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL, #3 Exhibit Exhibit A to Declaration, #4 Exhibit Exhibit B to Declaration, #5 Exhibit Exhibit C to Declaration, #6 Exhibit Exhibit D to Declaration, #7 Exhibit Exhibit E to Declaration, #8 Exhibit Exhibit F to Declaration)(Cooper, Patrick)
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Filing 24
TEXT ORDER - The court GRANTS #20 Motion for Leave to Appear Pro Hac Vice, by Atieva Inc and Peter Rawlinson, for attorneys Brian M. Burnovski and Daniel J. Schwartz. Signed by Judge Annemarie Carney Axon on 6/21/21. (SAC)
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Filing 23
TEXT ORDER - The court GRANTS #16 , #17 , #18 , and #19 Motions for Leave to Appear Pro Hac Vice, by Churchill Capital Corporation IV, Jay Faragin, and Michael Klein, for the following attorneys: Amanda K. Pooler, Evert J. Christensen, John A. Neuwirth, and Joshua S. Amsel. Signed by Judge Annemarie Carney Axon on 6/21/21. (SAC)
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Filing 22
Joint MOTION for Extension of Time by Atieva Inc, Peter Rawlinson. (McNeill, J)
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Filing 21
NOTICE of Appearance by Jamie Helen Kidd on behalf of Atieva Inc, Peter Rawlinson (Kidd, Jamie)
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Filing 20
MOTION for Leave to Appear Pro Hac Vice by Atieva Inc, Peter Rawlinson. (Attachments: #1 Affidavit, #2 Affidavit)(McNeill, J)
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PHV Fee paid: $ 75, receipt number 1126-3866158. (McNeill, J)
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PHV Fee paid: $ 75, receipt number 1126-3866153. (McNeill, J)
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Filing 19
MOTION for Leave to Appear Pro Hac Vice of Joshua S. Amsel by Churchill Capital Corporation IV, Jay Faragin, Michael Klein. (Bolus, John)
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Filing 18
MOTION for Leave to Appear Pro Hac Vice of John A. Neuwirth by Churchill Capital Corporation IV, Jay Faragin, Michael Klein. (Bolus, John)
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Filing 17
MOTION for Leave to Appear Pro Hac Vice of Evert J. Christensen by Churchill Capital Corporation IV, Jay Faragin, Michael Klein. (Bolus, John)
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Filing 16
MOTION for Leave to Appear Pro Hac Vice of Amanda K. Pooler by Churchill Capital Corporation IV, Jay Faragin, Michael Klein. (Bolus, John)
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PHV Fee paid: $ 75, receipt number 1126-3865767. (Bolus, John)
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PHV Fee paid: $ 75, receipt number 1126-3865766. (Bolus, John)
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PHV Fee paid: $ 75, receipt number 1126-3865765. (Bolus, John)
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PHV Fee paid: $ 75, receipt number 1126-3865764. (Bolus, John)
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Filing 15
Corporate Disclosure Statement by Churchill Capital Corporation IV. filed by Churchill Capital Corporation IV (Bolus, John)
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Filing 14
Corporate Disclosure Statement by Atieva Inc. filed by Atieva Inc (McNeill, J)
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Filing 13
TEXT ORDER: The court GRANTS Defendants' unopposed motion for an extension of time to file a response to the complaint. (Doc. #12 ). Defendants shall file a responsive pleading on or before June 28, 2021. Signed by Judge Annemarie Carney Axon on 5/28/2021. (KEK)
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Filing 12
Unopposed MOTION for Extension of Time on Behalf of All Defendants by Churchill Capital Corporation IV, Jay Faragin, Michael Klein. (Bolus, John)
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Filing 11
SUMMONS Returned Executed by Randy Phillips. Atieva Inc served on 5/7/2021, answer due 5/28/2021. (KEK)
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Filing 10
SUMMONS Returned Executed by Randy Phillips. Churchill Capital Corporation IV served on 5/10/2021, answer due 5/31/2021. (KEK)
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Filing 9
NOTICE of Appearance by Lee David Winston on behalf of Randy Phillips (Winston, Lee)
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Filing 8
Summons Issued as to Atieva Inc, Churchill Capital Corporation IV, Jay Faragin, Michael Klein, Peter Rawlinson. Sent via certified mail. (KEK)
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Filing 7
Request for service by certified mail as to Peter Rawlinson filed by Randy Phillips. (Cooks, Roderick) Modified on 5/3/2021 (KEK).
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Filing 6
Request for service by certified mail as to Jay Faragin filed by Randy Phillips. (Cooks, Roderick) Modified on 5/3/2021 (KEK).
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Filing 5
Request for service by certified mail as to Michael Klein filed by Randy Phillips. (Cooks, Roderick) Modified on 5/3/2021 (KEK).
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Filing 4
Request for service by certified mail as to Atieva Inc filed by Randy Phillips. (Cooks, Roderick) Modified on 5/3/2021 (KEK).
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Filing 3
Request for service by certified mail as to Churchill Capital Corporation IV filed by Randy Phillips. (Cooks, Roderick) Modified on 5/3/2021 (KEK).
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Filing 2
TEXT ORDER - This matter is before the court on Plaintiff's failure to pay the filing fee. On or before April 29, 2021, Plaintiff shall pay the filing fee or file a motion for leave to proceed in forma pauperis. If Plaintiff does not comply with this order, the court may dismiss this case for failure to prosecute. Signed by Judge Annemarie Carney Axon on 4/22/2021. (KEK)
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Filing Fee: Filing fee $ 402, receipt_number 1126-3824089. related document #1 COMPLAINT against Atieva Inc, Churchill Capital Corporation IV, Jay Faragin, Michael Klein, Peter Rawlinson, filed by Randy Phillips. (Attachments: # 1 Certification Pursuant to Federal Securities Law)(KEK). (Cooks, Roderick)
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Filing 1
COMPLAINT against Atieva Inc, Churchill Capital Corporation IV, Jay Faragin, Michael Klein, Peter Rawlinson, filed by Randy Phillips. (Attachments: #1 Certification Pursuant to Federal Securities Law)(KEK)
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