Arec D Simeri v. Churchill Capital Corporation IV et al
Plaintiff: Arec D Simeri
Defendant: Michael Klein, Jay Faragin, Peter Rawlinson, Atieva Inc doing business as Lucid Motors and Churchill Capital Corporation IV
Case Number: 2:2021cv04295
Filed: May 24, 2021
Court: US District Court for the Central District of California
Presiding Judge: Patricia Donahue
Referring Judge: Dale S Fischer
Nature of Suit: Securities/Commodities
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 7, 2021 Filing 36 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Alabama Defendants' Motion to Transfer Venue or, in the Alternative, Stay #33 filed by Plaintiff Arec D Simeri. (Figueroa, Alejandro)
August 5, 2021 Filing 35 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Alabama Defendants' Motion to Transfer Venue or, in the Alternative, Stay #33 (Corrected Version of Dkt. No. 33-1) filed by Defendants Atieva Inc, Churchill Capital Corporation IV, Peter Rawlinson. (Potischman, Neal)
August 5, 2021 Filing 34 NOTICE OF ERRATA filed by Defendants Atieva Inc, Churchill Capital Corporation IV, Peter Rawlinson. correcting NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Alabama Defendants' Motion to Transfer Venue or, in the Alternative, Stay #33 Defendants Memorandum of Points and Authorities in Support of Defendants Motion to Transfer Venue or, in the Alternative, Stay (Dkt. No. 33-1) (Potischman, Neal)
August 5, 2021 Filing 33 NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Alabama Defendants' Motion to Transfer Venue or, in the Alternative, Stay filed by Defendants Atieva Inc, Churchill Capital Corporation IV, Peter Rawlinson. Motion set for hearing on 10/18/2021 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum, #2 Declaration of Neal A. Potischman, #3 Exhibit A - Phillips Complaint (N.D. Ala., April 18, 2021), #4 Exhibit B - Slabaugh Complaint (S.D. Ind., June 11, 2021), #5 Exhibit C - Arico Complaint (D.N.J., June 9, 2021), #6 Exhibit D - Excerpt of Churchill Capital Corp IVs Form 10-K, #7 Exhibit E - Excerpt of Lucid Group, Inc.'s Form 8-K, #8 Exhibit F - Notice of Pendency of Securities Class Action in Phillips, #9 Exhibit G - Phillips Docket Sheet, #10 Proposed Order) (Potischman, Neal)
August 5, 2021 Filing 32 NOTICE of Interested Parties filed by Defendant Churchill Capital Corporation IV, identifying Ayar Third Investment Company, Public Investment Fund of Saudi Arabia. (Potischman, Neal)
August 5, 2021 Filing 31 CORPORATE DISCLOSURE STATEMENT of Defendant Lucid Group, Inc. (f/k/a Churchill Capital Corp. IV) filed by Defendant Churchill Capital Corporation IV identifying none as Corporate Parent. (Potischman, Neal)
August 5, 2021 Filing 30 NOTICE of Appearance filed by attorney Neal Alan Potischman on behalf of Defendant Churchill Capital Corporation IV (Attorney Neal Alan Potischman added to party Churchill Capital Corporation IV(pty:dft))(Potischman, Neal)
August 5, 2021 Filing 29 Amended Certification and NOTICE of Interested Parties filed by Defendant Atieva Inc, identifying Lucid Group, Inc., Ayar Third Investment Company, Public Investment Fund of Saudi Arabia, Federal Insurance Company, Endurance Risk Solutions Assurance Co., RSUI Indemnity Co.. (Potischman, Neal)
August 5, 2021 Filing 28 CORPORATE DISCLOSURE STATEMENT Amended Rule 7.1 Corporate Disclosure Statement filed by Defendant Atieva Inc identifying Lucid Group, Inc. (f/k/a Churchill Capital Corp. IV) as Corporate Parent. (Potischman, Neal)
August 5, 2021 Filing 27 CERTIFICATION AND NOTICE of Interested Parties filed by Defendants Jay Faragin, Michael Klein, identifying Arec D. Simeri; Lucid Group, Inc. (f/k/a Churchill Capital Corp IV); Atieva, Inc. d/b/a Lucid Motors; Michael Klein; Jay Faragin (Jay Taragin sued erroneously as Jay Faragin); Peter Rawlinson; XL Specialty Insurance Company; National Union Fire Insurance Company; Beazley Insurance Company, Inc.; Endurance American Insurance Company; ACE American Insurance Company. (Attorney Charles W. Cox, II added to party Jay Faragin(pty:dft), Attorney Charles W. Cox, II added to party Michael Klein(pty:dft))(Cox, Charles)
July 9, 2021 Opinion or Order Filing 26 ORDER by Judge Dale S. Fischer APPROVING Stipulation Extending Time to Respond to the Complaint and Setting Schedule for Transfer Motion #25 . Defendants shall file the Transfer Motion by no later than 8/5/2021. Opposition by 9/7/2021; and Reply by 9/28/2021. See Order for specifics. (jp)
July 9, 2021 Filing 25 STIPULATION for Extension of Time to File Response to Complaint and Setting Schedule for Transfer Motion filed by defendants Atieva Inc, Peter Rawlinson. (Attachments: #1 Proposed Order)(Potischman, Neal)
July 8, 2021 Filing 24 PROOF OF SERVICE Executed by Plaintiff Arec D Simeri, upon Defendant Peter Rawlinson served on 7/2/2021, answer due 7/23/2021. in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Figueroa, Alejandro)
July 8, 2021 Opinion or Order Filing 23 TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dale S. Fischer. The parties are ordered to meet and confer and propose a stipulation that will eliminate the need for the Court to consider Dkt. #22 . The Court does not have oral argument on motions unless the Court concludes that it needs further information from the parties. The parties position on whether oral argument should be waived is not a relevant factor. Counsel are directed to act professionally so that the Court is not required to mediate petty squabbles. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dd) TEXT ONLY ENTRY
July 6, 2021 Filing 22 NOTICE OF MOTION AND MOTION for Extension of Time to File Response to Initial Complaint and Set Schedule for Transfer Motion filed by Defendants Atieva Inc, Peter Rawlinson. Motion set for hearing on 8/9/2021 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Declaration, #2 Proposed Order) (Potischman, Neal)
July 6, 2021 Filing 21 Certification and NOTICE of Interested Parties filed by Defendant Peter Rawlinson, identifying Federal Insurance Company, Endurance Risk Solutions Assurance Co., RSUI Indemnity Co., Marsh USA Incorporated. (Potischman, Neal)
July 6, 2021 Filing 20 Certification and NOTICE of Interested Parties filed by Defendant Atieva Inc, identifying Ayar Third Investment Company, Public Investment Fund of Saudi Arabia, Federal Insurance Company, Endurance Risk Solutions Assurance Co., RSUI Indemnity Co.. (Potischman, Neal)
July 6, 2021 Filing 19 CORPORATE DISCLOSURE STATEMENT Rule 7.1 Corporate Disclosure Statement of Defendant Atieva, Inc. d/b/a Lucid Motors filed by Defendant Atieva Inc identifying none as Corporate Parent. (Potischman, Neal)
July 6, 2021 Filing 18 NOTICE of Appearance filed by attorney Neal Alan Potischman on behalf of Defendants Atieva Inc, Peter Rawlinson (Attorney Neal Alan Potischman added to party Atieva Inc(pty:dft), Attorney Neal Alan Potischman added to party Peter Rawlinson(pty:dft))(Potischman, Neal)
June 23, 2021 Filing 17 PROOF OF SERVICE Executed by Plaintiff Arec D Simeri, upon Defendant Jay Faragin served on 6/18/2021, answer due 7/9/2021. Service of the Summons and Complaint were executed upon Jane Doe - Security Refused to Give Name in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Figueroa, Alejandro)
June 23, 2021 Filing 16 PROOF OF SERVICE Executed by Plaintiff Arec D Simeri, upon Defendant Michael Klein served on 6/18/2021, answer due 7/9/2021. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Figueroa, Alejandro)
June 23, 2021 Filing 15 PROOF OF SERVICE Executed by Plaintiff Arec D Simeri, upon Defendant Churchill Capital Corporation IV served on 6/18/2021, answer due 7/9/2021. Service of the Summons and Complaint were executed upon Jane Doe in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Figueroa, Alejandro)
June 22, 2021 Filing 14 PROOF OF SERVICE Executed by Plaintiff Arec D Simeri, upon Defendant Atieva Inc served on 6/14/2021, answer due 7/6/2021. Service of the Summons and Complaint were executed upon Nicole Stauss - Authorized Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Figueroa, Alejandro)
June 11, 2021 Opinion or Order Filing 13 STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (rfi)
June 10, 2021 Opinion or Order Filing 12 ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge Christina A. Snyder to Judge Dale S. Fischer for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-04295 DSF(PDx). (rn)
June 7, 2021 Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Peter Rawlinson. (shb)
June 7, 2021 Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Michael Klein. (shb)
June 7, 2021 Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Jay Faragin. (shb)
June 7, 2021 Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Atieva Inc. (shb)
June 7, 2021 Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Churchill Capital Corporation IV. (shb)
June 4, 2021 Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Arec D Simeri. (Attachments: #1 Summons)(Figueroa, Alejandro)
May 25, 2021 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
May 25, 2021 Filing 4 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Patricia Donahue. (car)
May 24, 2021 Filing 3 NOTICE of Interested Parties filed by Plaintiff Arec D Simeri, (Figueroa, Alejandro)
May 24, 2021 Filing 2 CIVIL COVER SHEET filed by Plaintiff Arec D Simeri. (Figueroa, Alejandro)
May 24, 2021 Filing 1 COMPLAINT Receipt No: ACACDC-31343205 - Fee: $402, filed by Plaintiff Arec D Simeri. (Attorney Alejandro Emmanuel Figueroa added to party Arec D Simeri(pty:pla))(Figueroa, Alejandro)

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Defendant: Michael Klein
Represented By: Charles W. Cox, II
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Defendant: Jay Faragin
Represented By: Charles W. Cox, II
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Defendant: Peter Rawlinson
Represented By: Neal Alan Potischman
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Defendant: Atieva Inc doing business as Lucid Motors
Represented By: Neal Alan Potischman
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Defendant: Churchill Capital Corporation IV
Represented By: Neal Alan Potischman
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Plaintiff: Arec D Simeri
Represented By: Alejandro Emmanuel Figueroa
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