1791 MANAGEMENT, LP et al v. ENERGY VAULT, INC., et al
| 1791 MANAGEMENT, LP |
| ENERGY VAULT, INC.,, ROBERT A. PICONI, WILLIAM T. GROSS, HENRY J. ELKUS, ANDREA S. PEDRETTI aka ANDREA PEDRETTI RODI, ANDREA E. WUTTKE, NOVUS CAPITAL CORPORATION II, ROBERT J. LAIKIN, LARRY M. PAULSON, JEFFREY D. FOSTER, ENERGY VAULT HOLDINGS, INC, Zia Huque aka Tahsinula Zia Huque, ANDRE PEDRETTI, ZIA HUQUE, Andrea S Pedretti, ANDREA PEDRETTI RODI, Tahsinul Zia Huque and Does 1 through 25, inclusive |
| ZIA HUQUE aka TAHSINUL ZIA HUQUE |
| 2:2023cv05292 |
| July 3, 2023 |
| US District Court for the Central District of California |
| Andre Birotte |
| Patricia Donahue |
| Securities/Commodities |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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Filing 32
(IN CHAMBERS) ORDER TAKING PLAINTIFF'S MOTION TO REMAND CASE TO THE CALIFORNIA SUPERIOR COURT #25 UNDER SUBMISSION by Judge Andre Birotte Jr.: The Court having carefully considered the papers and the evidence submitted by the parties, hereby takes the MOTION to Remand Case to Los Angeles County Superior Court under submission. SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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Filing 31
REPLY in support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court #25 filed by Plaintiff 1791 MANAGEMENT, LP. (Reif, Brandon)
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Filing 30
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO PLAINTIFFS MOTION TO REMAND filed by Defendants ANDREA E. WUTTKE, HENRY J. ELKUS, ENERGY VAULT HOLDINGS, INC, ENERGY VAULT, INC.,, JEFFREY D. FOSTER, WILLIAM T. GROSS, ZIA HUQUE, ROBERT J. LAIKIN, LARRY M. PAULSON, ANDRE PEDRETTI, ROBERT A. PICONI. (Worden, John)
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Filing 29
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court #25 filed by Defendants ANDREA E. WUTTKE, HENRY J. ELKUS, ENERGY VAULT HOLDINGS, INC, ENERGY VAULT, INC.,, JEFFREY D. FOSTER, WILLIAM T. GROSS, ZIA HUQUE, ROBERT J. LAIKIN, LARRY M. PAULSON, ANDRE PEDRETTI, ROBERT A. PICONI. (Attachments: #1 Declaration OF JOHN S. WORDEN IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO REMAND)(Worden, John)
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Filing 28
NOTICE OF ERRATA filed by Defendants ANDREA E. WUTTKE, HENRY J. ELKUS, ENERGY VAULT HOLDINGS, INC, ENERGY VAULT, INC.,, JEFFREY D. FOSTER, WILLIAM T. GROSS, ZIA HUQUE, ROBERT J. LAIKIN, LARRY M. PAULSON, ANDRE PEDRETTI, ROBERT A. PICONI. correcting Notice of Removal (Attorney Civil Case Opening),,,,,, #1 (Worden, John)
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Filing 27
ORDER ON JOINT STIPULATION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO FOURTH AMENDED COMPLAINT by Judge Andre Birotte Jr.: Upon the parties' Stipulation #24 , the Court hereby orders that Defendants Energy Vault, Inc., Energy Vault Holdings, Inc., and the Individual Defendants' deadline to file an answer or otherwise respond to Plaintiffs Fourth Amended Complaint #17 is extended to 10/20/2023, and may be extended further by stipulation to ensure such deadline occurs after this Court's ruling on Plaintiffs motion to remand. (gk)
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Filing 26
DECLARATION of Brandon S. Reif in support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court #25 filed by Plaintiff 1791 MANAGEMENT, LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Reif, Brandon)
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Filing 25
NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles County Superior Court filed by plaintiff 1791 MANAGEMENT, LP. Motion set for hearing on 10/6/2023 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order Granting Plaintiff's Motion To Remand Case To The California Superior Court, #2 Declaration of Marc S. Ehrlich In Support Of Plaintiff's Motion To Remand Case To The California Superior Court and In Compliance With Central District Local Rule 7-3) (Reif, Brandon)
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Filing 24
Joint STIPULATION for Extension of Time to File Answer to October 20, 2023 re Amended Complaint/Petition #17 filed by Defendants ANDREA E. WUTTKE, HENRY J. ELKUS, ENERGY VAULT HOLDINGS, INC, ENERGY VAULT, INC.,, JEFFREY D. FOSTER, WILLIAM T. GROSS, ZIA HUQUE, ROBERT J. LAIKIN, LARRY M. PAULSON, ROBERT A. PICONI, Andrea S Pedretti. (Attachments: #1 Proposed Order)(Worden, John)
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Filing 23
21-Day Summons Issued re Fourth Amended Complaint #17 as to Defendants Energy Vault, Inc., Robert A. Piconi, William T. Gross, Zia Huque aka Tahsinul Zia Huque, Henry J. Elkus, Andrea S. Pedretti aka Andrea Pedretti Rodi, Andrea E. Wuttke, Novus Capital Corporation II, Robert J. Laikin, Larry M. Paulson, Jeffrey D. Foster, Energy Vault Holdings, Inc., and Does 1 through 25, Inclusive. (gk)
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Filing 22
PROOF OF SERVICE filed by plaintiff 1791 MANAGEMENT, LP, re Summons Request #21 served on August 23, 2023. (Reif, Brandon)
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Filing 21
Request for Clerk to Issue Summons on Amended Complaint/Petition #17 filed by plaintiff 1791 MANAGEMENT, LP. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2)(Reif, Brandon)
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Filing 20
ORDER ON JOINT STIPULATION FOR JOINDER OF A PARTY by Judge Andre Birotte Jr.: The Court hereby approves the Stipulation #16 and ORDERS that: Pursuant to Federal Rule of Civil Procedure 20, Energy Vault Holdings, Inc. is joined as a Defendant to this action as set forth in the Fourth Amended Complaint. Plaintiff shall not seek remand of this action to California state court on the ground that Energy Vault Holdings, Inc. was not allowed to seek removal of this action. (gk)
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Filing 19
NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Fourth Amended Complaint #17 . The following error(s) was found: Separate attachments should clearly identify which sections of the summons the attachments belong to. In the section that begins, "To: (Defendant's name and address)," please list at least one defendant, and indicate (for example), "See attachment 2." Below the words, "SUMMONS IN A CIVIL ACTION," please indicate, "ON THE FOURTH AMENDED COMPLAINT." The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (gk)
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Filing 18
Request for Clerk to Issue Summons on Amended Complaint/Petition #17 filed by plaintiff 1791 MANAGEMENT, LP. (Reif, Brandon)
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Filing 17
FOURTH AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint, filed by plaintiff 1791 MANAGEMENT, LP(Reif, Brandon)
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Filing 16
Joint STIPULATION for Joinder in Order,,, #15 filed by plaintiff 1791 MANAGEMENT, LP. (Attachments: #1 Proposed Order On Joint Stipulation For Joinder Of A Party)(Reif, Brandon)
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Filing 15
ORDER ON JOINT STIPULATION TO EXTEND TIME FOR PLAINTIFF TO AMEND ITS COMPLAINT AND FOR DEFENDANTS TO RESPOND TO THIRD AMENDEDCOMPLAINT #14 by Judge Andre Birotte Jr. The Court, having reviewed the Stipulation of Plaintiff 1791 Management LP ("Plaintiff") and Defendants Energy Vault, Inc.; Energy Vault Holdings, Inc., and the above-named individual Defendants (collectively, "Defendants") (collectively, "Parties"), by and through their respective counsel of record, hereby orders that: Plaintiff shall file its fourth amended complaint by August 18, 2023, Defendants' deadline to file an answer or otherwise respond to Plaintiff's complaint in the above captioned action is extended to September 1, 2023. Plaintiff's deadline to file a motion for remand is extended to September1, 2023. (rolm)
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Filing 14
Joint STIPULATION for Extension of Time to File TIME FOR PLAINTIFF TO AMEND ITS COMPLAINT AND FOR DEFENDANTS TO RESPOND TO THIRD AMENDED COMPLAINT filed by Defendants ANDREA E. WUTTKE, HENRY J. ELKUS, ENERGY VAULT HOLDINGS, INC, ENERGY VAULT, INC.,, JEFFREY D. FOSTER, WILLIAM T. GROSS, ZIA HUQUE, ROBERT J. LAIKIN, LARRY M. PAULSON, ANDRE PEDRETTI, ROBERT A. PICONI. (Attachments: #1 Proposed Order)(Worden, John)
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Filing 13
CORPORATE DISCLOSURE STATEMENT filed by Defendant ENERGY VAULT HOLDINGS, INC (Worden, John)
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Filing 12
CORPORATE DISCLOSURE STATEMENT filed by Defendant ENERGY VAULT, INC., identifying Energy Vault Holdings, Inc as Corporate Parent. (Worden, John)
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Filing 11
ORDER ON JOINT STIPULATION TO EXTEND TIME FOR PLAINTIFF TO AMEND ITS COMPLAINT AND FOR DEFENDANTS TO RESPOND TO THIRD AMENDED COMPLAINT by Judge Andre Birotte Jr.: Upon Stipulation #10 , the Court orders that Defendants Energy Vault, Inc., Energy Vault Holdings, Inc., and the individually named Defendants' deadline to file an answer or otherwise respond to Plaintiff's complaint in the action is extended to 8/7/2023. Plaintiff's deadline to file a motion for remand is extended to 8/30/2023. (gk)
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Filing 10
Joint STIPULATION for Extension of Time to File FOR PLAINTIFF TO AMEND ITS COMPLAINT AND FOR DEFENDANTS TO RESPOND TO THIRD AMENDED COMPLAINT filed by Defendants ANDREA E. WUTTKE, HENRY J. ELKUS, ENERGY VAULT HOLDINGS, INC, ENERGY VAULT, INC.,, JEFFREY D. FOSTER, WILLIAM T. GROSS, ZIA HUQUE, ROBERT J. LAIKIN, LARRY M. PAULSON, ANDRE PEDRETTI, ROBERT A. PICONI. (Attachments: #1 Proposed Order)(Worden, John)
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Filing 9
ORDER ON JOINT STIPULATION TO EXTEND TIME FOR PLAINTIFF TO RESPOND TO NOTICE OF REMOVAL AND FOR DEFENDANTS TO RESPOND TO THIRD AMENDED COMPLAINT, BY NOT MORE THAN 30 DAYS by Judge Andre Birotte Jr.: Upon the parties' Stipulation #7 , IT IS HEREBY ORDERED that Defendants may have an extension of time, up to and including 7/24/2023, to file an answer or otherwise respond to Plaintiff's Third Amended Complaint in the action. Plaintiff shall have an extension of time, up to and including 8/16/2023, to file any motion to remand the case. (gk)
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Filing 8
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cj)
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Filing 7
Joint STIPULATION for Extension of Time to File PLAINTIFF TO RESPOND TO NOTICE OF REMOVAL AND FOR DEFENDANTS TO RESPOND TO THIRD AMENDED COMPLAINT, BY NOT MORE THAN 30 DAYS filed by Defendants ANDREA E. WUTTKE, HENRY J. ELKUS, ENERGY VAULT HOLDINGS, INC, ENERGY VAULT, INC.,, JEFFREY D. FOSTER, WILLIAM T. GROSS, ZIA HUQUE, ROBERT J. LAIKIN, LARRY M. PAULSON, ANDRE PEDRETTI, ROBERT A. PICONI. (Attachments: #1 Proposed Order)(Worden, John)
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Filing 6
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil)
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Filing 5
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil)
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Filing 4
NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Patricia Donahue. (jtil)
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Filing 3
CIVIL COVER SHEET filed by Defendants ANDREA E. WUTTKE, ANDREA S. PEDRETTI aka ANDREA PEDRETTI RODI, HENRY J. ELKUS, ENERGY VAULT HOLDINGS, INC, ENERGY VAULT, INC.,, JEFFREY D. FOSTER, WILLIAM T. GROSS, ROBERT J. LAIKIN, LARRY M. PAULSON, ROBERT A. PICONI, Zia Huque aka Tahsinula Zia Huque. (Worden, John)
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CONFORMED COPY OF SECOND AMENDED COMPLAINT filed by Plaintiff 1791 MANAGEMENT, LP JURY DEMAND, in Los Angeles Superior Court on 9/13/2022, attached to Worden Decl. as Exhibit 20. (jtil)
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CONFORMED COPY OF ANSWER to Second Amended Complaint filed by Defendant ENERGY VAULT, INC., in Los Angeles Superior Court on 12/19/2022, attached to Worden Decl. as Exhibit 46. (jtil)
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CONFORMED COPY OF THIRD AMENDED COMPLAINT filed by Plaintiff 1791 MANAGEMENT, LP in Los Angeles Superior Court on 6/2/2023, attached to Worden Decl. as Exhibit 93.(jtil)
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Filing 2
CERTIFICATE of Interested Parties filed by Defendants ANDREA E. WUTTKE, ANDREA S. PEDRETTI aka ANDREA PEDRETTI RODI, HENRY J. ELKUS, ENERGY VAULT HOLDINGS, INC, ENERGY VAULT, INC.,, JEFFREY D. FOSTER, WILLIAM T. GROSS, ROBERT J. LAIKIN, LARRY M. PAULSON, ROBERT A. PICONI, Zia Huque aka Tahsinula Zia Huque, identifying Energy Vault, Inc. (Worden, John)
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Filing 1
NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 22STCV16538 Receipt No: ACACDC-35606734 - Fee: $402, filed by Defendants HENRY J. ELKUS, LARRY M. PAULSON, ROBERT A. PICONI, ANDREA S. PEDRETTI aka ANDREA PEDRETTI RODI, JEFFREY D. FOSTER, ENERGY VAULT, INC.,, ANDREA E. WUTTKE, WILLIAM T. GROSS, ENERGY VAULT HOLDINGS, INC, ROBERT J. LAIKIN, Zia Huque aka Tahsinula Zia Huque. (Attachments: #1 Civil Cover Sheet, #2 Declaration of John S. Worden (with Exhibit A), #3 Exhibit B (1-17) to Decl of John S. Worden, #4 Exhibit B (18-26) to Decl of John S. Worden, #5 Exhibit B (27-42) to Decl of John S. Worden, #6 Exhibit B (43) to Decl of John S. Worden, #7 Exhibit B (44-51) to Decl of John S. Worden, #8 Exhibit B (52-67) to Decl of John S. Worden, #9 Exhibit B (68-93) to Decl of John S. Worden, #10 Exhibit C to the Decl of John S. Worden) (Attorney John S Worden added to party ANDREA E. WUTTKE(pty:dft), Attorney John S Worden added to party ANDREA S. PEDRETTI aka ANDREA PEDRETTI RODI(pty:dft), Attorney John S Worden added to party HENRY J. ELKUS(pty:dft), Attorney John S Worden added to party ENERGY VAULT HOLDINGS, INC(pty:dft), Attorney John S Worden added to party ENERGY VAULT, INC., (pty:dft), Attorney John S Worden added to party JEFFREY D. FOSTER(pty:dft), Attorney John S Worden added to party WILLIAM T. GROSS(pty:dft), Attorney John S Worden added to party ROBERT J. LAIKIN(pty:dft), Attorney John S Worden added to party LARRY M. PAULSON(pty:dft), Attorney John S Worden added to party ROBERT A. PICONI(pty:dft), Attorney John S Worden added to party Zia Huque aka Tahsinula Zia Huque(pty:dft))(Worden, John)
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