Nikola Corporation v. Milton
Petitioner: Nikola Corporation
Respondent: Trevor R Milton
Case Number: 2:2023cv02635
Filed: December 18, 2023
Court: US District Court for the District of Arizona
Presiding Judge: Diane J Humetewa
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 9 U.S.C. § 9 Motion to Confirm Arbitration Loan
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 12, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 12, 2024 Filing 33 DECLARATION of JAMES BOYKIN re: #20 MOTION to Vacate or Modify Arbitration Award . filed by Trevor R Milton. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Healy, Terence)
February 12, 2024 Filing 32 REPLY to Response to Motion re: #20 MOTION to Vacate or Modify Arbitration Award filed by Trevor R Milton. (Healy, Terence)
February 5, 2024 Filing 31 RESPONSE in Opposition re: #20 MOTION to Vacate or Modify Arbitration Award filed by Nikola Corporation. (Attachments: #1 Exhibit Transcript Excerpts)(Hoffman, Amy)
February 2, 2024 Filing 30 *ANSWER to #1 Complaint/Petition by Respondent Trevor R Milton. (Healy, Terence) *Modified to correct event on 2/5/2024 (CSL).
January 30, 2024 Opinion or Order Filing 29 ORDER: IT IS ORDERED the parties' Joint Stipulation Regarding Service and Extension of Time to Respond to Petition (First Request) (Doc. #28 ) is approved. Respondent shall respond to the Petition by February 2, 2024. ORDERED by Judge Diane J Humetewa on 1/30/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
January 26, 2024 Filing 28 STIPULATION by Nikola Corporation. (Attachments: #1 Proposed Order)(Hoffman, Amy)
January 26, 2024 Remark: Pro hac vice motion(s) granted for Terence Healy, Shahzeb Lari, James Boykin, III on behalf of Respondent Trevor R Milton. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
January 22, 2024 Filing 27 Additional Attachments to Main Document re: #22 Declaration,, by Respondent Trevor R Milton. (Attachments: #1 Exhibit S-13 - C649 (Paul Weiss Invoices), #2 Exhibit S-14 - C650 (Perkins Coie Invoices), #3 Exhibit S-15 - C651 (Wilenchick Invoices))(Hester, Chad)
January 22, 2024 Filing 26 Additional Attachments to Main Document re: #22 Declaration,, by Respondent Trevor R Milton. (Attachments: #1 Exhibit S-09.14 - C645 (Kirkland Invoices), #2 Exhibit S-09.15 - C645 (Kirkland Invoices), #3 Exhibit S-09.16 - C645 (Kirkland Invoices), #4 Exhibit S-09.17 - C645 (Kirkland Invoices), #5 Exhibit S-10.1 - C646 (Legal People Invoices), #6 Exhibit S-10.2 - C646 (Legal People Invoices), #7 Exhibit S-10.3 - C646 (Legal People Invoices), #8 Exhibit S-10.4 - C646 (Legal People Invoices), #9 Exhibit S-11 - C647 (Legility Invoices), #10 Exhibit S-12 - C648 (Morvillo Invoices))(Hester, Chad)
January 22, 2024 Filing 25 Additional Attachments to Main Document re: #22 Declaration,, by Respondent Trevor R Milton. (Attachments: #1 Exhibit S-09.4 - C645 (Kirkland Invoices), #2 Exhibit S-09.5 - C645 (Kirkland Invoices), #3 Exhibit S-09.6 - C645 (Kirkland Invoices), #4 Exhibit S-09.7 - C645 (Kirkland Invoices), #5 Exhibit S-09.8 - C645 (Kirkland Invoices), #6 Exhibit S-09.9 - C645 (Kirkland Invoices), #7 Exhibit S-09.10 - C645 (Kirkland Invoices), #8 Exhibit S-09.11 - C645 (Kirkland Invoices), #9 Exhibit S-09.12 - C645 (Kirkland Invoices), #10 Exhibit S-09.13 - C645 (Kirkland Invoices))(Hester, Chad)
January 22, 2024 Filing 24 Additional Attachments to Main Document re: #22 Declaration,, by Respondent Trevor R Milton. (Attachments: #1 Exhibit S-03.1 - C639 (Deloitte Invoices), #2 Exhibit S-03.2 - C639 (Deloitte Invoices), #3 Exhibit S-04 - C640 (NKLA-ARB-0002023889), #4 Exhibit S-05 - C641 (Freshfields Invoices), #5 Exhibit S-06 - C642 (NKLA-ARB-0002023946), #6 Exhibit S-07 - C643 (Joele Frank Invoices), #7 Exhibit S-08 - C644 (King and Spalding Invoices), #8 Exhibit S-09.1 - C645 (Kirkland Invoices), #9 Exhibit S-09.2 - C645 (Kirkland Invoices), #10 Exhibit S-09.3 - C645 (Kirkland Invoices))(Hester, Chad)
January 22, 2024 Filing 23 Additional Attachments to Main Document re: #22 Declaration,, by Respondent Trevor R Milton. (Attachments: #1 Exhibit K - Nikola's Demand for Arbitration (C-001), #2 Exhibit L - Hearing Transcript Excerpts, #3 Exhibit M - Re Nikola v. Milton_ AAA No. 01-21-0017-1964 -Rules of Evidence issue, #4 Exhibit N - 2023.07.19 - Nikola Exhibit List, #5 Exhibit O - First Set of Document Requests to Nikola Corporation (2022-07-15), #6 Exhibit P - (2022-08-05) Responses and Objections to Milton's Requests for Production, #7 Exhibit Q - Panel's Order Amending Hearing and Scheduling Order (2023-05-05), #8 Exhibit R - Email Order Granting Modifcation to Pre-Hearing Schedule (2023.06.20), #9 Exhibit S-01 - C637 (Alix Partners Invoices), #10 Exhibit S-02 - C638 (Brattle Invoices))(Hester, Chad)
January 22, 2024 Filing 22 DECLARATION of James Boykin re: #20 MOTION to Vacate or Modify Arbitration Award by Respondent Trevor R Milton. (Attachments: #1 Exhibit A - Final Decision and Award_Redacted, #2 Exhibit B - Final Dissent_Redacted, #3 Exhibit C - Hindenburg Report, #4 Exhibit D - SEC Consent Order (R-093), #5 Exhibit E - Separation Agreement (R-389), #6 Exhibit F - Indemnification Agreement (R-250), #7 Exhibit G - Milton's Demand for Arbitration (2021.07.23), #8 Exhibit H - Fee Order 1 (2022.03.09) (R-502), #9 Exhibit I - Fee Order 2 (2022.07.05) (R-503), #10 Exhibit J - Fee Order 3 (2022.11.01) (R-520))(Hester, Chad)
January 22, 2024 Filing 21 MEMORANDUM in Support of Motion to Vacate or Modify Arbitration Award #20 MOTION to Vacate or Modify Arbitration Award by Respondent Trevor R Milton. (Hester, Chad)
January 22, 2024 Filing 20 MOTION to Vacate or Modify Arbitration Award by Trevor R Milton. (Hester, Chad)
January 19, 2024 Filing 19 NOTICE of Appearance by Troy A Wallin on behalf of Trevor R Milton. (Wallin, Troy)
January 17, 2024 Filing 18 NOTICE of Appearance by Chad A Hester on behalf of Trevor R Milton. (Hester, Chad)
January 8, 2024 Filing 17 SERVICE EXECUTED filed by Nikola Corporation: Proof of Service re: Summons, Petition to Confirm Arbitration; Exs A-G, Proposed Judgment, Civil Cover Sheet, Motion to File Under Seal, Ex 1, Proposed Order, Exs A-c, E-G, Signed Order upon Maria Feereira, on behalf of Trevor Milton on 01/05/2024. (Hoffman, Amy)
December 29, 2023 Filing 16 Corporate Disclosure Statement by Nikola Corporation. (Hoffman, Amy)
December 20, 2023 Opinion or Order Filing 15 ORDER: Plaintiff(s) must file proof of service of the summons and complaint or of waiver of service with the Clerk of Court no later than March 16, 2024. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. Unless the Court orders otherwise, on March 17, 2024, the Clerk of Court, without further notice, shall terminate any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED directing any party appearing pro se to become familiar with the Local Rules and the Federal Rules of Civil Procedure. See Order for further details. Signed by Judge Diane J Humetewa on 12/19/2023. (CSL)
December 19, 2023 Filing 14 Sealed Exhibit G by Nikola Corporation. (REK)
December 19, 2023 Filing 13 Sealed Exhibit F by Nikola Corporation. (REK)
December 19, 2023 Filing 12 Sealed Exhibit E by Nikola Corporation. (REK)
December 19, 2023 Filing 11 Sealed Exhibit C by Nikola Corporation. (REK)
December 19, 2023 Filing 10 Sealed Exhibit B by Nikola Corporation. (REK)
December 19, 2023 Filing 9 Sealed Exhibit A by Nikola Corporation. (REK)
December 19, 2023 Opinion or Order Filing 8 ORDER granting the Motion (Doc. #6 ). The Clerk of Court is kindly instructed to file Exhibits A, B, C, E, F, and G (Docs. #7 -1 through #7 -6, respectively), separately and under seal. Signed by Judge Diane J Humetewa on 12/19/2023. (REK)
December 19, 2023 Filing 7 *Filed at #9 , #10 , #11 , #12 , #13 , and #14 * SEALED LODGED Proposed Unredacted exhibits re: #6 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Nikola Corporation. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit E, #5 Exhibit Exhibit F, #6 Exhibit Exhibit G)(Hoffman, Amy) Modified on 12/19/2023 (REK).
December 19, 2023 Filing 6 MOTION to Seal Document by Nikola Corporation. (Attachments: #1 Exhibit, #2 Proposed Order)(Hoffman, Amy)
December 18, 2023 Filing 5 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Nikola Corporation. (REK)
December 18, 2023 Filing 4 Summons Issued as to Trevor R Milton. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
December 18, 2023 Filing 3 Filing fee paid, receipt number AAZDC-22582781. This case has been assigned to the Honorable Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-23-02635-PHX-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK)
December 18, 2023 Filing 2 SUMMONS Submitted by Nikola Corporation. (submitted by Amy Hoffman) (REK)
December 18, 2023 Filing 1 COMPLAINT/PETITION to Confirm Arbitration Award and for Entry of Judgment. Filing fee received: $405.00, receipt number AAZDC-22582781 filed by Nikola Corporation. (submitted b Amy Hoffman) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Proposed Judgment, #9 Civil Cover Sheet) (REK)

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Petitioner: Nikola Corporation
Represented By: Amy Wilkins Hoffman
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Respondent: Trevor R Milton
Represented By: Chad A Hester
Represented By: James Boykin, III
Represented By: Shahzeb Lari
Represented By: Terence Healy
Represented By: Troy A Wallin
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