Nikola Corporation v. Milton
| Nikola Corporation |
| Trevor R Milton |
| 2:2024cv00563 |
| March 15, 2024 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Diane J Humetewa |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| None |
Docket Report
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Filing 49
PROTECTIVE ORDER, see attached PDF for complete details. Signed by Judge Diane J Humetewa on 5/2/2024. (NSH)
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Filing 48
ORDER in accordance with the Court's 4/25/2024 Order #43 , IT IS ORDERED that Milton shall produce documents responsive to Nikola's RFP 16 within seven (7) days of the issuance of this Order. IT IS FURTHER ORDERED that Milton shall produce documents responsive to Nikolas RFP No. 7 within 24 hours of the issuance of this Order. IT IS FINALLY ORDERED that Milton shall respond to Nikola's RFP No. 8 as follows: Milton shall produce information showing the beginning and ending amounts of his bank balances on a monthly basis from 11/17/2023 to 3/27/2024 within 24 hours of the issuance of this Order; and Milton shall produce any additional information required to show the entire extent of his assets and liabilities within twenty-one (21) days of the issuance of this Order. See attached PDF for complete details. Signed by Judge Diane J Humetewa on 5/2/2024. (NSH)
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| Filing 47 SEALED LODGED Proposed Blacklined Amended Complaint. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Nikola Corporation. (Hoffman, Amy) |
| Filing 46 SEALED LODGED Proposed Amended Complaint. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Nikola Corporation. (Hoffman, Amy) |
| Filing 45 NOTICE of Confidential Doc. Designation Lodging Amended Complaint pursuant to LRCiv.5.6.d. (Hoffman, Amy) |
| Filing 44 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Nikola Corporation . (Hoffman, Amy) |
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Filing 43
ORDER - The April 25, 2024, Letter filed by Hughes Hubbard & Reed on behalf of Defendant Trevor R. Milton (Doc. #41 ) is construed as a motion for extension of time to respond to Plaintiff Nikola Corporation's RFP Nos. 7 and 8 and granted in part as stated herein. See document for complete details. Signed by Judge Diane J Humetewa on 4/30/24. (EJA)
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| Filing 42 NOTICE re: Discovery Dispute by Nikola Corporation . (Attachments: #1 Exhibit A, #2 Exhibit B)(Amburgy, Thomas) |
| Filing 41 RESPONSE /LETTER to Judge Diane J. Humetewa by Defendant Trevor R Milton. (Lari, Shahzeb) |
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Filing 40
ORDER - The parties shall meaningfully meet, confer, and jointly file a stipulated motion for a protective order no later than noon on Monday, April 29, 2024. If the parties cannot reach an agreement regarding the terms of a protective order, they shall jointly file a notice of discovery dispute and propose their respective proposed protective orders therein no later than noon on Monday, April 29, 2024. ORDERED that Defendant Trevor Miltons objections to Request for Production Nos. 7 and 8 are overruled. Defendant Trevor Milton shall produce any documents responsive to Plaintiff Nikola's Request for Production Nos. 7 and 8 immediately and no later than noon on Friday, April 26, 2024. See document for complete details. Signed by Judge Diane J Humetewa on 4/24/24. (EJA)
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| Filing 39 STATEMENT of the Dispute & Status Report (Joint) by Plaintiff Nikola Corporation. (Amburgy, Thomas) |
| Filing 38 Sealed Exhibits A & B to #32 Motion for Sanctions and Order to Show Cause (Construed as Notice of Discovery Dispute) by Nikola Corporation. (Attachments: #1 Exhibit B)(MAP) |
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Filing 37
ORDER granting #33 Motion to Seal. The Clerk of Court is kindly directed to seal the documents lodged at Docs. #34 , #35 . FURTHER ORDERED denying without prejudice and construed as a notice of discovery dispute #32 Motion for Sanctions. That no later than 12:00 p.m. on April 15, 2024, the parties shall meaningfully meet and confer on the alleged deficiencies regarding Defendant Trevor Miltons production of documents and jointly file a written summary of the dispute, not to exceed five pages, that explains the positions taken by each party. See Order for Details. Signed by Judge Diane J Humetewa on 4/10/24. (MAP)
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| Filing 36 MOTION to Dismiss for Failure to State a Claim by Trevor R Milton. (Lari, Shahzeb) |
| Remark: Pro hac vice motion(s) granted for Thomas J Amburgy, Marc E Kasowitz on behalf of Plaintiff Nikola Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 35 *FILED at Doc. #38 *SEALED LODGED Proposed Exhibit B to Motion for Sanctions (Stock Activity Report) re: #33 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Nikola Corporation. (Hoffman, Amy) *Modified on 4/11/2024 (MAP). |
| Filing 34 *FILED at Doc. #38 *SEALED LODGED Proposed Exhibit A to Motion for Sanctions, Unredacted Stock Activity Report re: #33 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Nikola Corporation. (Hoffman, Amy) *Modified on 4/11/2024 (MAP). |
| Filing 33 MOTION to Seal Document by Nikola Corporation. (Attachments: #1 Proposed Order)(Hoffman, Amy) |
| Filing 32 *CONSTRUED as a Notice Discovery Dispute By Doc. #37 *MOTION for Sanctions and Order to Show Cause by Nikola Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order, #5 Proposed Order)(Hoffman, Amy) *Modified on 4/11/2024 (MAP). |
| Filing 31 NOTICE of Service of Discovery filed by Trevor R Milton. (Lari, Shahzeb) |
| Filing 30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TEMPORARY RESTRAINING ORDER HEARING proceedings held on 03/26/2024 before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda Elizabeth Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 4/22/2024. Redacted Transcript Deadline set for 5/1/2024. Release of Transcript Restriction set for 7/1/2024. (RAP) |
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Filing 29
ORDER that Plaintiff Nikola Corporation's "Application for Temporary Restraining Order and Expedited Discovery, and Order to Show Cause RE: Preliminary Injunction" (Doc. #5 ) is denied as to Plaintiff's request for a TRO, but granted as to Plaintiff's request for expedited discovery. IT IS FURTHER ORDERED that Defendant Trevor R. Milton shall respond to Plaintiff's Court approved discovery requests attached as Exhibit A to this Order and file a notice of service with the Court by April 3, 2024. Signed by Judge Diane J Humetewa on 3/26/2024. (See Order for details.) (LFIG)
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| Filing 28 TRANSCRIPT REQUEST by Trevor R Milton for proceedings held on 03/26/2024, Judge Diane J Humetewa hearing judge(s). (Hester, Chad) |
| Filing 27 TRANSCRIPT REQUEST by Nikola Corporation for proceedings held on 03/26/2024, Judge Diane J Humetewa hearing judge(s). (Hoffman, Amy) |
| Filing 26 MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Temporary Restraining Order Hearing held on 3/26/2024. Argument heard. IT IS ORDERED taking the matter under advisement. Order to follow. APPEARANCES: Daniel Fetterman, Amy Hoffman and Fria Kermani for Plaintiff. Chad Hester for Defendant. (Court Reporter Hilda Lopez.) Hearing held 9:31 AM to 10:23 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) |
| Remark: Pro hac vice motion(s) granted for Fria Kermani on behalf of Plaintiff Nikola Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 25 Sealed Exhibits to #20 Response to Motion to Extend Time to Application for TRO and to Adjourn Hearing by Nikola Corporation. (MAP) |
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Filing 24
ORDER granting #18 Motion to Seal Exhibits to #20 Nikola's Response to Motion to Extend Time to Application for TRO and to Adjourn Hearing. Signed by Judge Diane J Humetewa on 3/22/24. (MAP)
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| Filing 23 REPLY to Response to Motion re: #5 First MOTION for Temporary Restraining Order filed by Nikola Corporation. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Hoffman, Amy) |
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Filing 22
ORDER granting Defendant's Motion to Appear Telephonically (Doc. #21 ). Counsel Mr. Shahzeb Lari may appear telephonically at the March 26, 2024 hearing by dialing 1-866-390-1828 and entering access code 7618428 when prompted. Ordered by Judge Diane J Humetewa. (CR) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 21 MOTION to Appear Telephonically at the March 26, 2024 Hearing Regarding Plaintiff Nikola Corporations Application for a Temporary Restraining Order and Expedited Discovery, and Order to Show Cause Re: Preliminary Injunction by Trevor R Milton. (Hester, Chad) |
| Remark: Pro hac vice motion(s) granted for Shahzeb Lari on behalf of Defendant Trevor R Milton. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 20 RESPONSE to Motion re: #5 First MOTION for Temporary Restraining Order and Expedited Discovery, and Order to Show Cause re: Preliminary Injunction filed by Trevor R Milton. (Hester, Chad) |
| Filing 19 SEALED LODGED Proposed Unredacted exhibits re: #18 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)(Hoffman, Amy) |
| Filing 18 MOTION to Seal Document by Nikola Corporation. (Attachments: #1 Proposed Order, #2 Exhibit)(Hoffman, Amy) |
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Filing 17
ORDER granting in part #15 Motion for Extension of Time to File Response. Milton shall respond to Plaintiff Nikola Corporation's Application for a Temporary Restraining Order (Doc. #5 ) no later than March 23, 2024, at 12:00 p.m. To the extent Nikola seeks to reply, it shall do so no later than March 25, 2024, at 12:00 p.m. IT IS FURTHER ORDERED that the Temporary Restraining Order Hearing (Doc. #10 ) is reset to March 26, 2024, at 9:30 a.m. in Courtroom 605, Sandra Day OConnor United States Courthouse, 401 W. Washington Street, Phoenix, Arizona 85003. Signed by Judge Diane J Humetewa on 3/21/24. (MJW)
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| Filing 16 RESPONSE to Motion re: #15 First MOTION for Extension of Time to File Response/Reply as to #10 Order,,, Set/Reset Deadlines/Hearings,,, Set/Reset Motion and R&R Deadlines/Hearings,, and to adjourn hearing filed by Nikola Corporation. (Attachments: #1 Exhibit Exhibit A)(Hoffman, Amy) |
| Filing 15 First MOTION for Extension of Time to File Response/Reply as to #10 Order,,, Set/Reset Deadlines/Hearings,,, Set/Reset Motion and R&R Deadlines/Hearings,, and to adjourn hearing by Trevor R Milton. (Hester, Chad) |
| Filing 14 DECLARATION of Service by Plaintiff Nikola Corporation. (Hoffman, Amy) |
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Filing 13
ORDER: Plaintiff Nikola Corporation's Motion for Alternative Service (Doc. #11 ) is GRANTED. ORDERED Plaintiff Nikola Corporation may serve Defendant Trevor R. Milton under Arizona Rule of Civil Procedure 4.1(k). FURTHER ORDERED Plaintiff Nikola Corporation file a Notice of Service with the Court by March 21, 2024, at 9:00 a.m. See document for complete details. Signed by Judge Diane J Humetewa on 3/20/24. (EJA)
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| Remark: Pro hac vice motion(s) granted for Daniel J Fetterman on behalf of Plaintiff Nikola Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 12
*ORDER granting #8 Motion to Seal. FURTHER ORDERED that the Clerk of Court is kindly directed to SEAL the unredacted versions of the Stock Activity Reports filed under Exhibits H and G at Docs. 5-8; 5-10. Signed by Judge Diane J Humetewa on 3/20/24. (MAP) *Modified document type on 3/21/2024 (CEI).
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| Filing 11 MOTION Alternative Service by Nikola Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Hoffman, Amy) |
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Filing 10
ORDER that Plaintiff shall serve Defendant Trevor R. Milton ("Milton") with the Summons, Complaint and TRO, and file a Notice of Service with the Court by March 20, 2024, at 12:00 p.m. IT IS FURTHER ORDERED that Defendant Milton shall file a Response to the TRO by March 21, 2024, at 5:00 p.m. IT IS FURTHER ORDERED setting a Temporary Restraining Order Hearing for 3/22/2024 at 11:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 3/19/2024. (LFIG)
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Filing 9
ORDER REASSIGNING CASE. Case reassigned to Judge Diane J Humetewa for all further proceedings. Chief Judge G Murray Snow no longer assigned to case. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-24-00563-PHX-DJH. Signed by Chief Judge G Murray Snow on 3/19/2024. (KJ)
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| Filing 8 MOTION to Seal Document #5 First MOTION for Temporary Restraining Order by Nikola Corporation. (Attachments: #1 Exhibit, #2 Proposed Order)(Hoffman, Amy) |
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Filing 7
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Chief Judge G Murray Snow on 3/19/24. (EJA)
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Filing 6
ORDER directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on June 14, 2024. Signed by Chief Judge G Murray Snow on 6/14/24. (EJA)
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| Filing 5 *First MOTION for Temporary Restraining Order by Nikola Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Proposed Order, #12 Proposed Order)(Hoffman, Amy) *Modified to seal attachments pursuant to doc. #12 on 3/20/2024 (MAP). |
| 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. |
| Filing 3 Filing fee paid, receipt number CAZDC-22852522. This case has been assigned to the Honorable G Murray Snow. All future pleadings or documents should bear the correct case number: CV-24-00563-PHX-GMS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) |
| Filing 2 SUMMONS Submitted by Nikola Corporation. (submitted by Amy Hoffman) (REK) |
| Filing 1 COMPLAINT. Filing fee received: $405.00, receipt number CAZDC-22852522 filed by Nikola Corporation. (submitted by Amy Hoffman) (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(REK) |
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