Greenspan v. Qazi et al
| Aaron Jacob Greenspan |
| Smick Enterprises Inc., Elon Musk, Tesla, Inc. and Omar Qazi |
| 3:2020cv03426 |
| May 20, 2020 |
| US District Court for the Northern District of California |
| Jacqueline Scott Corley |
| James Donato |
| Securities/Commodities |
| Plaintiff |
Docket Report
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| Filing 172 JUDGMENT. Signed by Judge James Donato on 5/19/2022. (jdlc4, COURT STAFF) (Filed on 5/19/2022) |
Filing 171
SECOND ORDER RE MOTIONS TO DISMISS. Signed by Judge James Donato on 5/19/2022. (jdlc4, COURT STAFF) (Filed on 5/19/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 170 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d with amended Exhibit A no longer under seal filed byAaron Jacob Greenspan. (Related document(s) #147 , #148 ) (Greenspan, Aaron) (Filed on 5/11/2022) |
| Filing 169 Request for Judicial Notice re #147 Opposition/Response to Motion, #148 Opposition/Response to Motion filed byAaron Jacob Greenspan. (Related document(s) #147 , #148 ) (Greenspan, Aaron) (Filed on 5/4/2022) |
| Filing 168 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byAaron Jacob Greenspan. (Related document(s) #147 , #148 ) (Greenspan, Aaron) (Filed on 4/27/2022) |
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Filing 167
ORDER. Plaintiff's request to partially lift the PSLRA discovery stay, Dkt. No. 162, is denied. Plaintiff has not been unduly burdened by the stay. It will remain in effect pending an order on the motion to dismiss, which will be filed shortly. The hearing set for May 12, 2022, is vacated. Signed by Judge James Donato on 4/27/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc4, COURT STAFF) (Filed on 4/27/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 166 REPLY (re #162 MOTION to Lift Stay Pursuant to PSLRA (Partial) ) filed byAaron Jacob Greenspan. (Greenspan, Aaron) (Filed on 4/26/2022) |
| Filing 165 OPPOSITION/RESPONSE (re #162 MOTION to Lift Stay Pursuant to PSLRA (Partial) ) (Joinder) filed byOmar Qazi, Smick Enterprises Inc.. (Kronenberger, Karl) (Filed on 4/21/2022) |
| Filing 164 OPPOSITION/RESPONSE (re #162 MOTION to Lift Stay Pursuant to PSLRA (Partial) ) filed byElon Musk, Tesla, Inc.. (Lifrak, Michael) (Filed on 4/21/2022) |
| Filing 163 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byAaron Jacob Greenspan. (Related document(s) #147 , #148 ) (Greenspan, Aaron) (Filed on 4/13/2022) |
| Filing 162 MOTION to Lift Stay Pursuant to PSLRA (Partial) filed by Aaron Jacob Greenspan. Motion Hearing set for 5/12/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 4/21/2022. Replies due by 4/28/2022. (Attachments: #1 Declaration of Aaron Greenspan, #2 Proposed Order)(Greenspan, Aaron) (Filed on 4/7/2022) |
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Filing 161
ORDER RE WITHDRAWAL AND SUBSTITUTION OF COUNSEL. Signed by Judge James Donato on 4/6/2022. (jdlc1, COURT STAFF) (Filed on 4/6/2022)
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| Filing 160 ***DISREGARD FILED IN ERROR*** (jdlc1, COURT STAFF) (Filed on 4/6/2022) Modified on 4/7/2022 (lrc, COURT STAFF). |
| Filing 159 Request for Judicial Notice re #147 Opposition/Response to Motion, #148 Opposition/Response to Motion filed byAaron Jacob Greenspan. (Attachments: #1 Exhibit U: SEC "Illegal Touting" Complaint, #2 Exhibit V: New York Times Article Regarding Tesla Xinjiang Dealership, #3 Exhibit W: Public Law 117-78, The Uyghur Forced Labor Prevention Act, #4 Exhibit X: Los Angeles Times Article Regarding Expanded DMV Review of Tesla, #5 Exhibit Y: Wall Street Journal Article Regarding Cooley LLP, #6 Exhibit Z: Transcript of May 22, 2019 Adam Jonas Morgan Stanley Investor Call, #7 Exhibit AA: Federal Reserve Bank of New York Effective Federal Funds Rates for 2019, #8 Exhibit BB: Federal Reserve Bank of New York Effective Federal Funds Rates for 2020, #9 Exhibit CC: Fidelity Government Money Market Fund (SPAXX) 7-Day Average Yields 2019-2020, #10 Exhibit DD: September 2, 2020 Twitter Post by @ElonMusk Regarding Accidental Upgrade Purchases, #11 Exhibit EE: July 10, 2020 Twitter Post by @WholeMarsBlog, #12 Exhibit FF: July 11, 2020 Twitter Post by @WholeMarsBlog, #13 Exhibit GG: July 17, 2020 Twitter Post by @WholeMarsBlog, #14 Exhibit HH: August 22, 2020 Twitter Post by @WholeMarsBlog, #15 Exhibit II: January 5, 2022 Twitter Post by @WholeMarsBlog)(Related document(s) #147 , #148 ) (Greenspan, Aaron) (Filed on 1/16/2022) |
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Filing 158
ORDER. The motions to dismiss, Dkt. Nos. #143 and #144 , are suitable for decision without oral argument pursuant to Civil Local Rule 7-1(b). The hearings set for January 13, 2022, are vacated. Signed by Judge James Donato on 1/5/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 1/5/2022)
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| Filing 157 RESPONSE re #150 Request for Judicial Notice, by Elon Musk, Tesla, Inc.. (Lifrak, Michael) (Filed on 12/23/2021) |
| Filing 156 REPLY (re #143 MOTION to Dismiss Plaintiff's Fourth Amended Complaint ) Reply ISO Request for Judicial Notice filed byElon Musk, Tesla, Inc.. (Lifrak, Michael) (Filed on 12/23/2021) |
| Filing 155 REPLY (re #143 MOTION to Dismiss Plaintiff's Fourth Amended Complaint ) filed byElon Musk, Tesla, Inc.. (Lifrak, Michael) (Filed on 12/23/2021) |
| Filing 154 REPLY (re #144 MOTION to Dismiss Plaintiff's Fourth Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) ) filed byOmar Qazi, Smick Enterprises Inc.. (Kronenberger, Karl) (Filed on 12/22/2021) |
| Filing 153 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byAaron Jacob Greenspan. (Related document(s) #147 , #148 ) (Greenspan, Aaron) (Filed on 12/21/2021) |
| Filing 152 NOTICE of Substitution of Counsel by Michael Timothy Lifrak (Lifrak, Michael) (Filed on 12/16/2021) |
| Filing 151 RESPONSE re #143 MOTION to Dismiss Plaintiff's Fourth Amended Complaint Regarding Tesla Defendants' Request for Judicial Notice by Aaron Jacob Greenspan. (Greenspan, Aaron) (Filed on 12/9/2021) |
| Filing 150 Request for Judicial Notice re #147 Opposition/Response to Motion, #148 Opposition/Response to Motion, #149 Declaration in Support,,,,,, filed byAaron Jacob Greenspan. (Related document(s) #147 , #148 , #149 ) (Greenspan, Aaron) (Filed on 12/9/2021) |
| Filing 149 Declaration of Aaron Greenspan in Support of #147 Opposition/Response to Motion, #148 Opposition/Response to Motion filed byAaron Jacob Greenspan. (Attachments: #1 Exhibit A: Certificates of Registration for United States Copyrights, #2 Exhibit B: Tesla, Inc. Directory Listing for Vivien Hantusch and Server Log, #3 Exhibit C: September 27, 2021 Vice Article, #4 Exhibit D: October 19, 2021 @WholeMarsBlog Twitter Thread, #5 Exhibit E: October 28, 2021 CNN Business Article, #6 Exhibit F: November 20, 2021 WholeMarsBlog Twitter Thread, #7 Exhibit G: $136.9 Million Jury Verdict Filed October 4, 2021 in Di-az v. Tesla, Inc., #8 Exhibit H: Excerpts of Internal Tesla, Inc. Documents, #9 Exhibit I: California Department of Motor Vehicles Documents, #10 Exhibit J: August 18, 2021 Letter from Two U.S. Senators to the FTC, #11 Exhibit K: Select Letters and Special Order Sent to Tesla, Inc. by NHTSA, #12 Exhibit L: December 6, 2021 New York Times Article, #13 Exhibit M: Response to SEC FOIA Request No. 21-01009-FOIA, #14 Exhibit N: Redacted Department of Labor Form ETA-9042, #15 Exhibit O: December 6, 2021 Reuters Article, #16 Exhibit P: October 28, 2021 FTC Press Release and Associated Enforcement Policy Statement, #17 Exhibit Q: November 27, 2021 CNBC Article, #18 Exhibit R: October 20, 2021 S&P Global Market Intelligence Article, #19 Exhibit S: Delaware Court of Chancery Case No. 2018-0408-JRS Hearing Transcript Excerpt, #20 Exhibit T: Excerpts from Tesla, Inc. SEC Filings)(Related document(s) #147 , #148 ) (Greenspan, Aaron) (Filed on 12/9/2021) |
| Filing 148 OPPOSITION/RESPONSE (re #144 MOTION to Dismiss Plaintiff's Fourth Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) ) filed byAaron Jacob Greenspan. (Greenspan, Aaron) (Filed on 12/9/2021) |
| Filing 147 OPPOSITION/RESPONSE (re #143 MOTION to Dismiss Plaintiff's Fourth Amended Complaint ) filed byAaron Jacob Greenspan. (Greenspan, Aaron) (Filed on 12/9/2021) |
| Filing 146 AMENDED CLERK'S NOTICE. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to #144 MOTION to Dismiss Plaintiff's Fourth Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Responses due by 12/9/2021. Motion Hearing set for 1/13/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. (lrc, COURT STAFF) (Filed on 11/12/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 145 CLERK'S NOTICE. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to #144 MOTION to Dismiss Plaintiff's Fourth Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Responses due by 12/2/2021. Replies due by 12/23/2021. Motion Hearing set for 1/13/2022 10:30 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. (lrc, COURT STAFF) (Filed on 11/11/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 144 MOTION to Dismiss Plaintiff's Fourth Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Omar Qazi, Smick Enterprises Inc.. Motion Hearing set for 1/13/2021 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 12/9/2021. Replies due by 12/23/2021. (Attachments: #1 Proposed Order)(Kronenberger, Karl) (Filed on 11/11/2021) |
| Filing 143 MOTION to Dismiss Plaintiff's Fourth Amended Complaint filed by Elon Musk, Tesla, Inc.. Motion Hearing set for 1/13/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 12/9/2021. Replies due by 12/23/2021. (Attachments: #1 Declaration of Aarti Reddy ISO Motion to Dismiss Fourth Amended Complaint, #2 Exhibit 1 to Reddy Declaration, #3 Exhibit 2 to Reddy Declaration, #4 Exhibit 3 to Reddy Declaration, #5 Exhibit 4 to Reddy Declaration, #6 Exhibit 5 to Reddy Declaration, #7 Exhibit 6 to Reddy Declaration, #8 Exhibit 7 to Reddy Declaration, #9 Proposed Order Granting Motion to Dismiss Fourth Amended Complaint, #10 Request for Judicial Notice ISO Motion to Dismiss Fourth Amended Complaint, #11 Proposed Order Granting Request for Judicial Notice)(Reddy, Aarti) (Filed on 11/11/2021) |
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Filing 142
ORDER. Plaintiff Greenspan's request to file a supplemental complaint, Dkt. No. #141 , is denied. As discussed in the order dismissing the third amended complaint, Dkt. No. 125 at 2, Greenspan has already filed hundreds of pages of pleadings in this case, and a total of five complaints. Briefing on a motion to dismiss the fourth amended complaint is already underway. No new pleadings, supplemental or otherwise, will be permitted at this time. Signed by Judge James Donato on 10/26/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 10/26/2021)
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| Filing 141 MOTION for Leave to File Supplemental Complaint filed by Aaron Jacob Greenspan. (Attachments: #1 Declaration of Aaron Greenspan, #2 Proposed Order)(Greenspan, Aaron) (Filed on 10/20/2021) |
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Filing 140
ORDER. The parties' request to adjust the briefing schedule, Dkt. No. #139 , is denied. The parties are directed to follow the original schedule, Dkt. No. #133 . Signed by Judge James Donato on 10/4/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 10/4/2021)
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| Filing 139 STIPULATION WITH PROPOSED ORDER to Adjust Schedule for Briefing on Defendants Motions to Dismiss Fourth Amended Complaint filed by Elon Musk, Tesla, Inc.. (Attachments: #1 Declaration of Aarti G. Reddy)(Reddy, Aarti) (Filed on 9/23/2021) |
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Filing 138
ORDER. Greenspan's emergency motion, Dkt. No. #134 , is denied. The parties are reminded of their continuing duty to preserve relevant evidence. Signed by Judge James Donato on 9/2/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 9/2/2021)
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| Filing 137 REPLY (re #134 Emergency MOTION for Order to Preserve Evidence ) filed byAaron Jacob Greenspan. (Attachments: #1 Declaration of Aaron Greenspan)(Greenspan, Aaron) (Filed on 9/2/2021) |
| Filing 136 OPPOSITION/RESPONSE (re #134 Emergency MOTION for Order to Preserve Evidence ) filed byOmar Qazi. (Attachments: #1 Declaration of Omar Qazi)(Kronenberger, Karl) (Filed on 9/2/2021) |
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Filing 135
ORDER. Defendant Qazi is directed to respond to Greenspan's emergency motion, Dkt. No. #134 , by September 2, 2021, at 12:00pm. Signed by Judge James Donato on 9/1/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 9/1/2021)
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| Filing 134 Emergency MOTION for Order to Preserve Evidence filed by Aaron Jacob Greenspan. Responses due by 8/31/2021. Replies due by 9/1/2021. (Attachments: #1 Declaration of Aaron Greenspan, #2 Proposed Order)(Greenspan, Aaron) (Filed on 8/31/2021) |
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Filing 133
ORDER SETTING SCHEDULE FOR BRIEFING ON DEFENDANTS' MOTIONS TO DIMISS FOURTH AMENDED COMPLAINT. Signed by Judge James Donato on 8/26/2021. (jdlc1S, COURT STAFF) (Filed on 8/26/2021)
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| Filing 132 STIPULATION WITH PROPOSED ORDER to Set Schedule for Briefing on Defendants Motions to Dismiss Fourth Amended Complaint filed by Elon Musk, Tesla, Inc.. (Attachments: #1 Declaration of Aarti Reddy)(Reddy, Aarti) (Filed on 8/24/2021) |
| Filing 131 AMENDED COMPLAINT against All Defendants. Filed byAaron Jacob Greenspan. (Attachments: #1 Exhibit A: Plaintiff's Transactions in Tesla, Inc.)(Greenspan, Aaron) (Filed on 8/13/2021) |
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Filing 130
ORDER RE RECUSAL AND FOURTH AMENDED COMPLAINT. Signed by Judge James Donato on 7/27/2021. (Attachments: #1 Exhibit) (jdlc1S, COURT STAFF) (Filed on 7/27/2021)
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| Filing 129 MOTION for Recusal Pursuant To 28 U.S.C. 455 filed by Aaron Jacob Greenspan. Responses due by 7/30/2021. Replies due by 8/6/2021. (Attachments: #1 Proposed Order)(Greenspan, Aaron) (Filed on 7/16/2021) |
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Filing 128
ORDER. Plaintiff's request to extend the deadline to file a fourth amended complaint, Dkt. No. 126, is granted. The amended complaint may be filed by August 13, 2021. This continuance is granted solely to accommodate a pro se litigant, and further extensions are unlikely absent evidence of compelling circumstances. The parties are directed to jointly propose a briefing scheduling for any motions to dismiss that might be filed, with opening briefs due after November 1, 2021, to accommodate counsel's trial schedule. Dkt. No. 127 at 2. In the event the trial is continued or vacated, the briefing schedule should propose earlier dates. All motions should be set for the same schedule. At this stage of the case, no additional pages will be granted for the motion briefs. The parties are reminded that requests for judicial notice are rarely appropriate for motions to dismiss under FRCP 12(b)(6), and must comply with the requirements of Federal Rule of Evidence 201. Signed by Judge James Donato on 7/7/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 7/7/2021)
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| Filing 127 OPPOSITION/RESPONSE (re #126 ADMINISTRATIVE MOTION for Enlargement of Time to File Fourth Amended Complaint ) filed byElon Musk, Tesla, Inc.. (Attachments: #1 Declaration of Aarti Reddy ISO Opposition, #2 Proposed Order Denying Plaintiff's Administrative Motion)(Reddy, Aarti) (Filed on 7/6/2021) |
| Filing 126 ADMINISTRATIVE MOTION for Enlargement of Time to File Fourth Amended Complaint filed by Aaron Jacob Greenspan. Responses due by 7/6/2021. (Attachments: #1 Declaration of Aaron Greenspan, #2 Proposed Order)(Greenspan, Aaron) (Filed on 7/2/2021) |
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Filing 125
ORDER RE MOTIONS TO DISMISS AND MOTION TO STRIKE. Amended complaint due by July 16, 2021. Signed by Judge James Donato on 6/23/2021. (jdlc1S, COURT STAFF) (Filed on 6/23/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 124 NOTICE of Change of Address by Aarti G. Reddy (on behalf of Cooley LLP) (Reddy, Aarti) (Filed on 6/1/2021) |
| Filing 123 Supplemental Brief re #107 MOTION to Strike #103 Amended Complaint,,,, State Law Claims Under California's Anti-SLAPP Statute, CCP 425.16, and Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6), #108 MOTION to Dismiss Plaintiff's Third Supplemental and Amended Complaint per Court Order in ECF No. 122 filed byAaron Jacob Greenspan. (Related document(s) #107 , #108 ) (Greenspan, Aaron) (Filed on 5/12/2021) |
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Filing 122
ORDER. On this one occasion, the Court will permit plaintiff to file a sur-reply. See Dkt. No. #121 . Exhibit A to Dkt. No. #121 should be filed as a separate ECF document by May 14, 2021. Signed by Judge James Donato on 5/12/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 5/12/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 121 MOTION for Leave to File Combined Sur-Reply To Defendants' Motion to Dismiss Plaintiff's Third Supplemental and Amended Complaint filed by Aaron Jacob Greenspan. (Attachments: #1 Proposed Order)(Greenspan, Aaron) (Filed on 5/9/2021) |
| Filing 120 Notice of Withdrawal of Motion for Leave to File Combined Sur-Reply To Defendants' Motion to Dismiss Plaintiff's Third Supplemental and Amended Complaint (Greenspan, Aaron) (Filed on 5/9/2021) |
| Filing 119 Request for Judicial Notice re #109 Opposition/Response to Motion, #110 Opposition/Response to Motion filed byAaron Jacob Greenspan. (Related document(s) #109 , #110 ) (Greenspan, Aaron) (Filed on 4/28/2021) |
| Filing 118 MOTION for Leave to File Combined Sur-Reply To Defendants' Motion to Dismiss Plaintiff's Third Supplemental and Amended Complaint filed by Aaron Jacob Greenspan. (Attachments: #1 Proposed Order Proposed Order)(Greenspan, Aaron) (Filed on 4/28/2021) |
| Filing 117 REPLY (re #107 MOTION to Strike #103 Amended Complaint,,,, State Law Claims Under California's Anti-SLAPP Statute, CCP 425.16, and Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6) ) filed byOmar Qazi, Smick Enterprises Inc.. (Kronenberger, Karl) (Filed on 4/23/2021) |
| Filing 116 REPLY (re #108 MOTION to Dismiss Plaintiff's Third Supplemental and Amended Complaint ) filed byElon Musk, Tesla, Inc.. (Attachments: #1 Declaration of Aarti Reddy ISO Reply, #2 Exhibit A to Reddy Declaration)(Reddy, Aarti) (Filed on 4/23/2021) |
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Filing 115
ORDER. Greenspan's request for leave to file an ex parte TRO application, Dkt. No. #113 , is denied. The proposed application does not plausibly demonstrate a risk of physical danger or other harm to Greenspan. Signed by Judge James Donato on 4/16/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 4/16/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 114 ERRATA re #113 MOTION for Leave to File Ex Parte Motion for Temporary Restraining Order Against Defendants Omar Qazi and Smick Enterprises, Inc. correcting pagination by Aaron Jacob Greenspan. (Greenspan, Aaron) (Filed on 4/15/2021) |
| Filing 113 MOTION for Leave to File Ex Parte Motion for Temporary Restraining Order Against Defendants Omar Qazi and Smick Enterprises, Inc. filed by Aaron Jacob Greenspan. (Greenspan, Aaron) (Filed on 4/15/2021) |
| Filing 112 Request for Judicial Notice re #109 Opposition/Response to Motion, #110 Opposition/Response to Motion to Dismiss Plaintiff's Third Supplemental and Amended Complaint and Qazi Defendants' Special Motion To Strike Claims Under California's Anti-SLAPP Statute, Civ. Proc. Code 425.16 filed byAaron Jacob Greenspan. (Related document(s) #109 , #110 ) (Greenspan, Aaron) (Filed on 4/8/2021) |
| Filing 111 Declaration of Aaron Greenspan in Support of #109 Opposition/Response to Motion, #110 Opposition/Response to Motion to Dismiss Plaintiff's Third Supplemental and Amended Complaint and Qazi Defendants' Special Motion To Strike Claims Under California's Anti-SLAPP Statute, Civ. Proc. Code 425.16 filed byAaron Jacob Greenspan. (Related document(s) #109 , #110 ) (Greenspan, Aaron) (Filed on 4/8/2021) |
| Filing 110 OPPOSITION/RESPONSE (re #108 MOTION to Dismiss Plaintiff's Third Supplemental and Amended Complaint ) filed byAaron Jacob Greenspan. (Greenspan, Aaron) (Filed on 4/8/2021) |
| Filing 109 OPPOSITION/RESPONSE (re #107 MOTION to Strike #103 Amended Complaint,,,, State Law Claims Under California's Anti-SLAPP Statute, CCP 425.16, and Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6) ) filed byAaron Jacob Greenspan. (Greenspan, Aaron) (Filed on 4/8/2021) |
| Filing 108 MOTION to Dismiss Plaintiff's Third Supplemental and Amended Complaint filed by Elon Musk, Tesla, Inc.. Responses due by 4/9/2021. Replies due by 4/23/2021. (Attachments: #1 Declaration of Aarti Reddy ISO Motion to Dismiss Third Amended Complaint, #2 Exhibit 1 to Reddy Declaration, #3 Exhibit 2 to Reddy Declaration, #4 Exhibit 3 to Reddy Declaration, #5 Exhibit 4 to Reddy Declaration, #6 Exhibit 5 to Reddy Declaration, #7 Exhibit 6 to Reddy Declaration, #8 Exhibit 7 to Reddy Declaration, #9 Proposed Order Granting MTD TAC, #10 Request for Judicial Notice, #11 Proposed Order Granting RJN)(Reddy, Aarti) (Filed on 3/12/2021) |
| Filing 107 MOTION to Strike #103 Amended Complaint,,,, State Law Claims Under California's Anti-SLAPP Statute, CCP 425.16, and Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6) filed by Omar Qazi, Smick Enterprises Inc.. Responses due by 4/9/2021. Replies due by 4/23/2021. (Attachments: #1 Declaration of Karl S. Kronenberger, #2 Proposed Order)(Kronenberger, Karl) (Filed on 3/12/2021) |
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Filing 106
ORDER. On defendants' request, Dkt. No. #104 , defendants Musk and Tesla, Inc. (Tesla Defendants) may file a motion to dismiss the third amended complaint, Dkt. No. #103 , by March 12, 2021. Plaintiff Greenspan may file an opposition brief by April 9, 2021, and the Tesla Defendants may file a reply brief by April 23, 2021. The same briefing schedule will apply to the anticipated motion to dismiss by defendants Qazi and Smick Enterprises, Inc. (Qazi Defendants). The Court will set a hearing date for the motions if warranted after the briefing is closed. The request for an extension of page limits is denied. Signed by Judge James Donato on 2/25/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 2/25/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 105 OPPOSITION/RESPONSE (re #104 Joint ADMINISTRATIVE MOTION For An Order Changing Time and Extending Page Limits for Briefing on Defendants' Motions to Dismiss Third Amended Complaint ) filed byAaron Jacob Greenspan. (Attachments: #1 Declaration of Aaron Greenspan, #2 Proposed Order)(Greenspan, Aaron) (Filed on 2/19/2021) |
| Filing 104 Joint ADMINISTRATIVE MOTION For An Order Changing Time and Extending Page Limits for Briefing on Defendants' Motions to Dismiss Third Amended Complaint filed by Elon Musk, Tesla, Inc.. Responses due by 2/23/2021. (Attachments: #1 Declaration of Aarti Reddy, #2 Proposed Order)(Reddy, Aarti) (Filed on 2/19/2021) |
| Filing 103 AMENDED COMPLAINT against All Defendants. Filed byAaron Jacob Greenspan. (Attachments: #1 Exhibit A: Tesla, Inc. Internal Documents, #2 Exhibit B: Form CH-130: Civil Harassment Restraining Order After Hearing, #3 Exhibit C: Example Posts and Messages by Omar Qazi, #4 Exhibit D: Plaintiff's Notice of Intent to Sue and Responses, #5 Exhibit E: IRS Form 13909 Complaints and IRS Letter 5177, #6 Exhibit F: Example Versions of Omar Qazi's "The Victims of Aaron Greenspan Foundation" Website, #7 Exhibit G: Excerpts of Essays Concerning Plaintiff by Omar Qazi, #8 Exhibit H: United States Copyright Office Certificates of Registration, #9 Exhibit I: Example Improper "Goodwill" Charges, #10 Exhibit J: California DMV Correspondence Regarding Autonomous Driving, #11 Exhibit K: Relevant Tesla, Inc. Quarterly Press Releases and SEC Filing Excerpts, #12 Exhibit L: Excerpts of Deposition Testimony, #13 Exhibit M: Plaintiff's Transactions in Tesla, Inc.)(Greenspan, Aaron) (Filed on 2/12/2021) |
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Filing 102
ORDER RE CONDUCT, SERVICE, AND DEFAULT MOTIONS. Signed by Judge James Donato on 1/25/2021. (jdlc1S, COURT STAFF) (Filed on 1/25/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 101
ORDER. The request for leave to file a third amended complaint, Dkt. No. #100 , is granted. The amended complaint will replace all the previously filed complaints, and should be drafted as a free-standing document that does not incorporate any prior pleadings by reference. Plaintiff should take this opportunity to ensure that the amended complaint provides a "short and plain statement" of the grounds for relief as required by Federal Rule of Civil Procedure 8(a)(2). Complaints running to 80 or more pages and accompanied by hundreds of pages of exhibits are typically not well-taken under Rule 8, and may be summarily dismissed on that basis. An amended complaint that is consistent with this Order may be filed by February 12, 2021. The pending motions to dismiss and to strike, Dkt. Nos. #75 , #76 , are terminated without prejudice to renewal if warranted after the amended complaint is filed. Signed by Judge James Donato on 1/15/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 1/15/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 100 MOTION for Leave to File Supplemental And Amended Complaint filed by Aaron Jacob Greenspan. (Attachments: #1 Exhibit A: Proposed Third Supplemental And Amended Complaint, #2 Exhibit B: Proposed Third Supplemental And Amended Complaint (Redline Version), #3 Declaration of Aaron Greenspan, #4 Proposed Order)(Greenspan, Aaron) (Filed on 1/14/2021) |
| Filing 99 MOTION to Compel Compliance with Court Order filed by Aaron Jacob Greenspan. Motion Hearing set for 2/18/2021 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 1/26/2021. Replies due by 2/2/2021. (Attachments: #1 Declaration of Aaron Greenspan, #2 Proposed Order)(Greenspan, Aaron) (Filed on 1/12/2021) |
| Filing 98 REPLY (re #96 ADMINISTRATIVE MOTION for Leave To File Application for Default and/or Motion for Default Judgment on Smick Enterprises, Inc. ) filed byAaron Jacob Greenspan. (Greenspan, Aaron) (Filed on 12/31/2020) |
| Filing 97 OPPOSITION/RESPONSE (re #96 ADMINISTRATIVE MOTION for Leave To File Application for Default and/or Motion for Default Judgment on Smick Enterprises, Inc. ) filed bySmick Enterprises Inc.. (Attachments: #1 Proposed Order)(Kronenberger, Karl) (Filed on 12/30/2020) |
| Filing 96 ADMINISTRATIVE MOTION for Leave To File Application for Default and/or Motion for Default Judgment on Smick Enterprises, Inc. filed by Aaron Jacob Greenspan. Responses due by 1/4/2021. (Attachments: #1 Declaration, #2 Proposed Order)(Greenspan, Aaron) (Filed on 12/28/2020) |
| Filing 95 RESPONSE re #93 Request for Judicial Notice, #92 Request for Judicial Notice iso Plaintiff's Second Amended Complaint by Elon Musk, Tesla, Inc.. (Reddy, Aarti) (Filed on 12/9/2020) |
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Filing 94
ORDER. The motion to strike, motion to dismiss, and motion for sanctions, Dkt. Nos. #75 , #76 , #83 , are suitable for decision without oral argument. Civil L.R. 7-1(b). The motion hearings set for December 10, 2020, are vacated. Signed by Judge James Donato on 12/7/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 12/7/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 93 Request for Judicial Notice re #70 Amended Complaint,,,,,,, filed byAaron Jacob Greenspan. (Related document(s) #70 ) (Greenspan, Aaron) (Filed on 12/3/2020) |
| Filing 92 Request for Judicial Notice re #70 Amended Complaint,,,,,,, filed byAaron Jacob Greenspan. (Related document(s) #70 ) (Greenspan, Aaron) (Filed on 11/20/2020) |
| Filing 91 REPLY (re #83 MOTION for Sanctions on Kronenberger Rosenfeld LLP, Omar Qazi and Smick Enterprises, Inc. ) filed byAaron Jacob Greenspan. (Greenspan, Aaron) (Filed on 11/16/2020) |
| Filing 90 OPPOSITION/RESPONSE (re #83 MOTION for Sanctions on Kronenberger Rosenfeld LLP, Omar Qazi and Smick Enterprises, Inc. ) filed byOmar Qazi, Smick Enterprises Inc.. (Attachments: #1 Declaration of Karl S. Kronenberger)(Kronenberger, Karl) (Filed on 11/9/2020) |
| Filing 89 RESPONSE re #82 Response ( Non Motion ) Reply in Support of Request for Judicial Notice and Consideration of Documents Incorporated by Reference by Elon Musk, Tesla, Inc.. (Reddy, Aarti) (Filed on 11/6/2020) |
| Filing 88 RESPONSE re #81 Request for Judicial Notice in Support of Plaintiff's Opposition to Qazi Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint by Elon Musk, Tesla, Inc.. (Reddy, Aarti) (Filed on 11/6/2020) |
| Filing 87 REPLY (re #76 MOTION to Dismiss Plaintiff's Second Amended Complaint ) filed byElon Musk, Tesla, Inc.. (Attachments: #1 Declaration of Aarti Reddy, #2 Exhibit A to the Declaration of Aarti Reddy)(Reddy, Aarti) (Filed on 11/6/2020) |
| Filing 86 REPLY (re #75 MOTION to Strike #70 Amended Complaint,,,,,,, State Law Claims Under California's Anti-SLAPP Statute, CCP 425.16, and Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6) ) filed byOmar Qazi, Smick Enterprises Inc.. (Kronenberger, Karl) (Filed on 11/6/2020) |
| Filing 85 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byAaron Jacob Greenspan. (Related document(s) #77 ) (Greenspan, Aaron) (Filed on 11/2/2020) |
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Filing 84
ORDER. The motion for an order to show cause, Dkt. No. #77 , is suitable for decision without oral argument. Civil L.R. 7-1(b). The motion hearing set for November 5, 2020, is vacated. Signed by Judge James Donato on 11/2/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 11/2/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 83 MOTION for Sanctions on Kronenberger Rosenfeld LLP, Omar Qazi and Smick Enterprises, Inc. filed by Aaron Jacob Greenspan. Motion Hearing set for 12/10/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 11/9/2020. Replies due by 11/16/2020. (Attachments: #1 Declaration of Aaron Greenspan, #2 Proposed Order)(Greenspan, Aaron) (Filed on 10/26/2020) |
| Filing 82 RESPONSE re #76 MOTION to Dismiss Plaintiff's Second Amended Complaint 's Request for Judicial Notice by Aaron Jacob Greenspan. (Greenspan, Aaron) (Filed on 10/16/2020) |
| Filing 81 Request for Judicial Notice re #80 Opposition/Response to Motion, filed byAaron Jacob Greenspan. (Related document(s) #80 ) (Greenspan, Aaron) (Filed on 10/16/2020) |
| Filing 80 OPPOSITION/RESPONSE (re #75 MOTION to Strike #70 Amended Complaint,,,,,,, State Law Claims Under California's Anti-SLAPP Statute, CCP 425.16, and Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6), #76 MOTION to Dismiss Plaintiff's Second Amended Complaint ) filed byAaron Jacob Greenspan. (Attachments: #1 Declaration of Aaron Greenspan under Federal Rule of Civil Procedure 56(d))(Greenspan, Aaron) (Filed on 10/16/2020) |
| Filing 79 REPLY (re #77 MOTION for Order to Show Cause Why Kronenberger Rosenfeld LLP and Defendants Omar Qazi and Smick Enterprises, Inc. Should Not Be Held In Contempt Of Court ) filed byAaron Jacob Greenspan. (Greenspan, Aaron) (Filed on 10/14/2020) |
| Filing 78 OPPOSITION/RESPONSE (re #77 MOTION for Order to Show Cause Why Kronenberger Rosenfeld LLP and Defendants Omar Qazi and Smick Enterprises, Inc. Should Not Be Held In Contempt Of Court ) filed byOmar Qazi, Smick Enterprises Inc.. (Kronenberger, Karl) (Filed on 10/13/2020) |
| Filing 77 MOTION for Order to Show Cause Why Kronenberger Rosenfeld LLP and Defendants Omar Qazi and Smick Enterprises, Inc. Should Not Be Held In Contempt Of Court filed by Aaron Jacob Greenspan. Motion Hearing set for 11/5/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 10/13/2020. Replies due by 10/20/2020. (Attachments: #1 Declaration of Aaron Greenspan, #2 Proposed Order)(Greenspan, Aaron) (Filed on 9/28/2020) |
| Filing 76 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Elon Musk, Tesla, Inc.. Motion Hearing set for 12/10/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 10/16/2020. Replies due by 11/6/2020. (Attachments: #1 Declaration of Aarti Reddy ISO Tesla's Motion to Dismiss, #2 Appendix A to Reddy Declaration, #3 Exhibit 1 to Reddy Declaration, #4 Exhibit 2 to Reddy Declaration, #5 Exhibit 3 to Reddy Declaration, #6 Exhibit 4 to Reddy Declaration, #7 Exhibit 5 to Reddy Declaration, #8 Exhibit 6 to Reddy Declaration, #9 Exhibit 7 to Reddy Declaration, #10 Exhibit 8 to Reddy Declaration, #11 Proposed Order re Motion to Dismiss, #12 Request for Judicial Notice and Consideration of Documents, #13 Proposed Order re Request for Judicial Notice)(Reddy, Aarti) (Filed on 9/25/2020) |
| Filing 75 MOTION to Strike #70 Amended Complaint,,,,,,, State Law Claims Under California's Anti-SLAPP Statute, CCP 425.16, and Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6) filed by Omar Qazi, Smick Enterprises Inc.. Motion Hearing set for 12/10/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 10/16/2020. Replies due by 11/6/2020. (Attachments: #1 Declaration of Karl S. Kronenberger, #2 Proposed Order)(Kronenberger, Karl) (Filed on 9/25/2020) |
| Filing 74 Notice of Withdrawal of Motion for Sanctions on Kronenberger Rosenfeld LLP, Omar Qazi and Smick Enterprises, Inc. (Greenspan, Aaron) (Filed on 9/9/2020) |
| Filing 73 OPPOSITION/RESPONSE (re #66 MOTION for Sanctions on Kronenberger Rosenfeld LLP, Omar Qazi and Smick Enterprises, Inc. ) filed byOmar Qazi, Smick Enterprises Inc.. (Attachments: #1 Declaration of Karl S. Kronenberger in Support of Opposition, #2 Declaration of Omar Qazi in Support of Opposition)(Kronenberger, Karl) (Filed on 9/2/2020) |
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Filing 72
ORDER RE DEFAULT AND CIVILITY. Signed by Judge James Donato on 9/2/2020. (jdlc1S, COURT STAFF) (Filed on 9/2/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 71
ORDER. In light of the filing of the second amended complaint, Dkt. No. #70 , the motions to dismiss, Dkt. Nos. #56 , #65 , are terminated as moot. All related deadlines and hearings are vacated. On the parties' joint request to extend page limits and set a briefing schedule, Dkt. No. #69 , defendants Musk and Tesla, Inc., may file a single motion to dismiss of up to 18 pages and a reply brief of up to 12 pages. Defendants Qazi and Smick Enterprises Inc. may file a single motion to dismiss and a reply brief up to the same page limits. Defendants are advised that their briefs should not duplicate arguments. Plaintiff may file a single opposition brief of up to 35 pages that responds to both motions. The motions to dismiss are due by September 25, 2020. Plaintiff's opposition brief is due by October 16, 2020. The reply briefs are due by November 6, 2020. Signed by Judge James Donato on 8/31/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 8/31/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 70 AMENDED COMPLAINT against All Defendants. Filed byAaron Jacob Greenspan. (Attachments: #1 Exhibit A: August 7, 2019 Unanswered E-Mail to Tesla Board of Directors, #2 Exhibit B: Example Posts by Omar Qazi, #3 Exhibit C: October 9, 2019 Bloomberg Article, #4 Exhibit D: Twitter Direct Messages Involving Omar Qazi, #5 Exhibit E: Plaintiff's Notice of Intent to Sue, #6 Exhibit F: Elon Musk's Response to Plaintiff's Notice of Intent to Sue, #7 Exhibit G: March 4, 2020 IRS Letter 5177 to Think Computer Foundation, #8 Exhibit H: Versions of Omar Qazi's "The Victims of Aaron Greenspan Foundation" Website and Contextual Documents, #9 Exhibit I: Essays Concerning Plaintiff by Omar Qazi, #10 Exhibit J: SFPD Incident Report No. 190764227, #11 Exhibit K: United States Copyright Office Registration No. TX 6-890-602 Certificate of Registration, #12 Exhibit L: February 3, 2020 Unanswered E-Mail to Tesla Board of Directors, #13 Exhibit M: April 29, 2020 Unanswered E-Mail to Tesla Board of Directors, #14 Exhibit N: Open Correspondence Between David Einhorn and Elon Musk, #15 Exhibit O: Example Redacted Tesla Litigation Vehicle Service Documents, #16 Exhibit P: Declaration of Neil S. Greenspan, MD, PhD, #17 Exhibit Q: Excerpts of Deposition Testimony of Martin Tripp, Karl Hansen and Elon Musk, #18 Exhibit R: Tesla, Inc. Quarterly Press Releases and SEC Forms 10-Q / 10-K / 10-K/A, #19 Exhibit S: Tesla, Inc. SEC Form 8-K Filed November 5, 2013, #20 Exhibit T: California Department of Motor Vehicles Correspondence Regarding Autonomous Driving, #21 Exhibit U: Versions of Omar Qazi's "Review" of Authoritas, #22 Exhibit V: Tesla, Inc. Internal Documents, #23 Exhibit W: Plaintiff's Transactions in Tesla, Inc.)(Greenspan, Aaron) (Filed on 8/26/2020) |
| Filing 69 Joint ADMINISTRATIVE MOTION to Increase Page Limits and Set a Briefing Schedule for Defendants' Motions to Dismiss Plaintiff's Anticipated Second Amended Complaint filed by Tesla, Inc.. Responses due by 8/31/2020. (Attachments: #1 Proposed Order and Stipulated Request to Increase Page Limits and Set Briefing Schedule, #2 Declaration of Aarti G. Reddy)(Dwyer, John) (Filed on 8/26/2020) |
| Filing 68 RESPONSE re #58 Request for Judicial Notice by Aaron Jacob Greenspan. (Greenspan, Aaron) (Filed on 8/21/2020) |
| Filing 67 OPPOSITION/RESPONSE (re #56 MOTION to Dismiss Plaintiff's First Amended Complaint ) filed byAaron Jacob Greenspan. (Attachments: #1 Exhibit A: Proposed Second Amended Complaint, #2 Exhibit B: Proposed Second Amended Complaint (Redline Version), #3 Declaration of Aaron Greenspan, #4 Proposed Order)(Greenspan, Aaron) (Filed on 8/21/2020) |
| Filing 66 MOTION for Sanctions on Kronenberger Rosenfeld LLP, Omar Qazi and Smick Enterprises, Inc. filed by Aaron Jacob Greenspan. Motion Hearing set for 10/1/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 9/2/2020. Replies due by 9/9/2020. (Attachments: #1 Declaration of Aaron Greenspan, #2 Proposed Order)(Greenspan, Aaron) (Filed on 8/19/2020) |
| Filing 65 MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and Special Motion to Strike Claims Under California's Anti-SLAPP Statute, Civ. Proc. Code 425.16 filed by Omar Qazi, Smick Enterprises Inc.. Motion Hearing set for 10/1/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 9/1/2020. Replies due by 9/8/2020. (Attachments: #1 Declaration of Karl S. Kronenberger, #2 Proposed Order Granting Defendants' Motion)(Kronenberger, Karl) (Filed on 8/18/2020) |
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Filing 64
ORDER. The Court finds the motion to lift default, Dkt. No. #44 , to be suitable for decision on the papers. Civil L.R. 7-1(b). The hearing on this motion is vacated. In light of the Court's order maintaining the stay of discovery, Dkt. No. 63, the initial case management conference is also vacated. Signed by Judge James Donato on 8/12/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 8/12/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 63
ORDER. The motion to lift discovery stay, Dkt. No. #60 , is denied. A stay on discovery will continue pending an order on the motion to dismiss, Dkt. No. #56 . Signed by Judge James Donato on 8/7/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 8/7/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 62 REPLY (re #44 MOTION to Set Aside Default ) filed byOmar Qazi, Smick Enterprises Inc.. (Kronenberger, Karl) (Filed on 8/5/2020) |
| Filing 61 Request for Judicial Notice re #60 Emergency MOTION to Lift Stay If Relevant and Clarify Applicability of the PSLRA filed byAaron Jacob Greenspan. (Related document(s) #60 ) (Greenspan, Aaron) (Filed on 8/3/2020) |
| Filing 60 Emergency MOTION to Lift Stay If Relevant and Clarify Applicability of the PSLRA filed by Aaron Jacob Greenspan. Responses due by 8/6/2020. (Attachments: #1 Declaration of Aaron Greenspan, #2 Proposed Order)(Greenspan, Aaron) (Filed on 8/3/2020) |
| Filing 59 OPPOSITION/RESPONSE (re #51 ADMINISTRATIVE MOTION to Clarify and Extend Time to Respond to Plaintiffs First Amended Complaint, to Clarify and Set a Briefing Schedule and Page Limit for Defendants Responsive Pleading, and to Clarify the Default and Default Request, Pursuant to Lo ) filed byAaron Jacob Greenspan. (Attachments: #1 Declaration of Aaron Greenspan, #2 Proposed Order)(Greenspan, Aaron) (Filed on 7/31/2020) |
| Filing 58 Request for Judicial Notice re #56 MOTION to Dismiss Plaintiff's First Amended Complaint filed byElon Musk, Tesla, Inc.. (Related document(s) #56 ) (Dwyer, John) (Filed on 7/31/2020) |
| Filing 57 Declaration of John C. Dwyer in Support of #56 MOTION to Dismiss Plaintiff's First Amended Complaint filed byElon Musk, Tesla, Inc.. (Attachments: #1 Appendix, #2 Exhibit)(Related document(s) #56 ) (Dwyer, John) (Filed on 7/31/2020) |
| Filing 56 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Elon Musk, Tesla, Inc.. Motion Hearing set for 9/17/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 8/14/2020. Replies due by 8/21/2020. (Attachments: #1 Proposed Order)(Dwyer, John) (Filed on 7/31/2020) |
| Filing 55 OPPOSITION/RESPONSE (re #44 MOTION to Set Aside Default ) filed byAaron Jacob Greenspan. (Attachments: #1 Declaration of Aaron Greenspan, #2 Proposed Order)(Greenspan, Aaron) (Filed on 7/30/2020) |
| Filing 54 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kronenberger, Karl) (Filed on 7/30/2020) |
| Filing 53 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Reddy, Aarti) (Filed on 7/30/2020) |
| Filing 52 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Greenspan, Aaron) (Filed on 7/30/2020) |
| Filing 51 ADMINISTRATIVE MOTION to Clarify and Extend Time to Respond to Plaintiffs First Amended Complaint, to Clarify and Set a Briefing Schedule and Page Limit for Defendants Responsive Pleading, and to Clarify the Default and Default Request, Pursuant to Local Rules 6-3 And 7-11 filed by Omar Qazi, Smick Enterprises Inc.. Responses due by 8/3/2020. (Attachments: #1 Declaration of Karl S. Kronenberger, #2 Proposed Order)(Kronenberger, Karl) (Filed on 7/28/2020) |
| Filing 50 Certificate of Interested Entities by Omar Qazi, Smick Enterprises Inc. (Amended) (Kronenberger, Karl) (Filed on 7/28/2020) |
| Filing 49 NOTICE of Appearance by Maurice Werter Trevor for Defendants Tesla, Inc. and Elon Musk (Trevor, Maurice) (Filed on 7/24/2020) |
| Filing 48 Request for Judicial Notice re #45 APPLICATION FOR ENTRY OF DEFAULT AGAINST OMAR QAZI ANDSMICK ENTERPRISES, INC. filed byAaron Jacob Greenspan. (Related document(s) #45 ) (Greenspan, Aaron) (Filed on 7/23/2020) |
| Filing 47 REPLY (re #45 APPLICATION FOR ENTRY OF DEFAULT AGAINST OMAR QAZI ANDSMICK ENTERPRISES, INC. ) filed byAaron Jacob Greenspan. (Attachments: #1 Declaration of Aaron Greenspan)(Greenspan, Aaron) (Filed on 7/21/2020) |
| Filing 46 OPPOSITION/RESPONSE (re #45 APPLICATION FOR ENTRY OF DEFAULT AGAINST OMAR QAZI ANDSMICK ENTERPRISES, INC. ) filed byOmar Qazi, Smick Enterprises Inc.. (Kronenberger, Karl) (Filed on 7/21/2020) |
| Filing 45 APPLICATION FOR ENTRY OF DEFAULT AGAINST OMAR QAZI AND SMICK ENTERPRISES, INC. filed by Aaron Jacob Greenspan. (Attachments: #1 Declaration of Aaron Greenspan)(Greenspan, Aaron) (Filed on 7/21/2020) Modified on 7/21/2020 (fabS, COURT STAFF). |
| Filing 44 MOTION to Set Aside Default filed by Omar Qazi, Smick Enterprises Inc.. Motion Hearing set for 8/20/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 7/30/2020. Replies due by 8/6/2020. (Attachments: #1 Declaration of Omar Qazi, #2 Declaration of Karl S. Kronenberger, #3 Proposed Order)(Kronenberger, Karl) (Filed on 7/16/2020) |
| Filing 43 Certificate of Interested Entities by Omar Qazi, Smick Enterprises Inc. (Kronenberger, Karl) (Filed on 7/16/2020) |
| Filing 42 NOTICE of Appearance by Jeffrey Michael Rosenfeld (Rosenfeld, Jeffrey) (Filed on 7/16/2020) |
| Filing 41 NOTICE of Appearance by Karl Stephen Kronenberger (Kronenberger, Karl) (Filed on 7/16/2020) |
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Filing 40
ORDER. In response to the parties' request for additional pages for a motion to dismiss, Dkt. No. 37, the page limits for briefing on the anticipated motion to dismiss by Elon Musk and Tesla, Inc. ("Tesla Defendants") are extended as follows: 25 pages for the Tesla Defendants' opening brief, 25 pages for plaintiff's opposition, and 15 pages for the Tesla Defendants' reply. On the Tesla Defendants' Motion to Set Briefing Schedule, Dkt. No. 34, the Tesla Defendants must file their motion to dismiss or otherwise respond to the Amended Complaint, Dkt. No. 20, by July 31, 2020, with plaintiff's opposition (if any) due by August 21, 2020. The Tesla Defendants may file a reply by September 4, 2020. Signed by Judge James Donato on 7/14/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 7/14/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 39 REPLY (re #14 MOTION for Costs and Expenses Pursuant to FRCP 4(d)(2) for Service on Elon Musk ) filed byAaron Jacob Greenspan. (Attachments: #1 Declaration of Aaron Greenspan)(Greenspan, Aaron) (Filed on 7/13/2020) |
| Filing 38 CERTIFICATE OF SERVICE by Elon Musk, Tesla, Inc. re #34 ADMINISTRATIVE MOTION to Set Briefing Schedule Pursuant to Local Rules 6-3 and 7-11 , #33 Notice of Appearance, #32 Notice of Appearance (Reddy, Aarti) (Filed on 7/10/2020) |
| Filing 37 ADMINISTRATIVE MOTION To Increase Page Limits for Briefing on Defendants' Motion to Dismiss (Civ. L.R. 7-11) filed by Elon Musk, Tesla, Inc.. Responses due by 7/14/2020. (Attachments: #1 Stipulated Request and [Proposed] Order ISO Joint Administrative Motion to Increase Page Limits for Briefing on Defendants' Motion to Dismiss)(Reddy, Aarti) (Filed on 7/10/2020) |
| Filing 36 OPPOSITION/RESPONSE (re #34 ADMINISTRATIVE MOTION to Set Briefing Schedule Pursuant to Local Rules 6-3 and 7-11 ) filed byAaron Jacob Greenspan. (Attachments: #1 Declaration of Aaron Greenspan, #2 Proposed Order)(Greenspan, Aaron) (Filed on 7/10/2020) |
| Filing 35 OPPOSITION/RESPONSE (re #14 MOTION for Costs and Expenses Pursuant to FRCP 4(d)(2) for Service on Elon Musk ) filed byElon Musk, Tesla, Inc.. (Attachments: #1 Declaration of L. Rager, #2 Exhibit to Rager Decl., #3 Proposed Order, #4 Certificate/Proof of Service)(Jackman, Candace) (Filed on 7/9/2020) |
| Filing 34 ADMINISTRATIVE MOTION to Set Briefing Schedule Pursuant to Local Rules 6-3 and 7-11 filed by Elon Musk, Tesla, Inc.. Responses due by 7/13/2020. (Attachments: #1 Declaration of Aarti Reddy, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Proposed Order Granting Motion)(Reddy, Aarti) (Filed on 7/9/2020) |
| Filing 33 NOTICE of Appearance by John C. Dwyer (Dwyer, John) (Filed on 7/9/2020) |
| Filing 32 NOTICE of Appearance by Aarti G. Reddy (Reddy, Aarti) (Filed on 7/9/2020) |
| Filing 31 CERTIFICATE OF SERVICE by Elon Musk, Tesla, Inc. re #30 Certificate of Interested Entities (Jackman, Candace) (Filed on 7/7/2020) |
| Filing 30 Certificate of Interested Entities by Elon Musk, Tesla, Inc. re #17 Certificate of Interested Entities (Amended) (Jackman, Candace) (Filed on 7/7/2020) |
| Filing 29 CERTIFICATE OF SERVICE by Elon Musk, Tesla, Inc. re #24 Notice of Withdrawal of Motion to Set Briefing Schedule and Extend Page Limits (Jackman, Candace) (Filed on 7/7/2020) |
| Filing 28 Notice of Withdrawal of Motion for Clarification of Clerk's Declination of Default on Omar Qazi and Smick Enterprises, Inc. (Greenspan, Aaron) (Filed on 7/7/2020) |
| Filing 27 Clerk's Notice ENTRY OF DEFAULT as to Omar Qazi and Smick Enterprises. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Related documents(s) #26 ) (wsnS, COURT STAFF) (Filed on 7/7/2020) |
| Filing 26 MOTION for Entry of Default Against Omar Qazi and Smick Enterprises, Inc. filed by Aaron Jacob Greenspan. (Attachments: #1 Declaration of Aaron Greenspan)(Greenspan, Aaron) (Filed on 7/7/2020) |
| Filing 25 CERTIFICATE OF SERVICE by Elon Musk, Tesla, Inc. re #19 Notice of Appearance, #17 Certificate of Interested Entities (Jackman, Candace) (Filed on 7/6/2020) |
| Filing 24 Notice of Withdrawal of Motion to Set Briefing Schedule and Extend Page Limits (Jackman, Candace) (Filed on 7/6/2020) |
| Filing 23 Proposed Order re #21 Opposition/Response to Motion to Set Briefing Schedule and Extend Page Limits by Aaron Jacob Greenspan. (Greenspan, Aaron) (Filed on 7/3/2020) |
| Filing 22 ADMINISTRATIVE MOTION for Clarification of Clerk's Declination of Default on Omar Qazi and Smick Enterprises, Inc. re #16 Clerk's Declination of Default, filed by Aaron Jacob Greenspan. Responses due by 7/6/2020. (Attachments: #1 Declaration of Aaron Greenspan, #2 Proposed Order)(Greenspan, Aaron) (Filed on 7/2/2020) |
| Filing 21 OPPOSITION/RESPONSE (re #18 ADMINISTRATIVE MOTION to Set Briefing Schedule and Extend Page Limits ) filed byAaron Jacob Greenspan. (Attachments: #1 Declaration of Aaron Greenspan)(Greenspan, Aaron) (Filed on 7/2/2020) |
| Filing 20 AMENDED COMPLAINT against All Defendants. Filed byAaron Jacob Greenspan. (Attachments: #1 Exhibit A: August 7, 2019 Unanswered E-Mail to Tesla Board of Directors, #2 Exhibit B: Example Posts Concerning Plaintiff by Omar Qazi, #3 Exhibit C: October 9, 2019 Bloomberg Article, #4 Exhibit D: Twitter Direct Messages Involving Omar Qazi, #5 Exhibit E: Plaintiff's Notice of Intent to Sue, #6 Exhibit F: Elon Musk's Response to Plaintiffs Notice of Intent to Sue, #7 Exhibit G: March 4, 2020 IRS Letter 5177 to Think Computer Foundation, #8 Exhibit H: Omar Qazi's "The Victims of Aaron Greenspan Foundation" Website, #9 Exhibit I: Essays Concerning Plaintiff by Omar Qazi, #10 Exhibit J: SFPD Incident Report No. 190764227, #11 Exhibit K: United States Copyright Office Registration No. TX 6-890-602 Certificate of Registration, #12 Exhibit L: February 3, 2020 Unanswered E-Mail to Tesla Board of Directors, #13 Exhibit M: April 29, 2020 Unanswered E-Mail to Tesla Board of Directors, #14 Exhibit N: Open Correspondence Between David Einhorn and Elon Musk, #15 Exhibit O: Example Redacted Tesla Litigation Vehicle Service Documents, #16 Exhibit P: Declaration of Neil S. Greenspan, MD, PhD, #17 Exhibit Q: Excerpts of Deposition Testimony of Martin Tripp, Karl Hansen and Elon Musk, #18 Exhibit R: Tesla, Inc. Quarterly Press Releases and SEC Forms 10-Q / 10-K / 10-K/A, #19 Exhibit S: Plaintiff's Transactions in Tesla, Inc.)(Greenspan, Aaron) (Filed on 7/2/2020) |
| Filing 19 NOTICE of Appearance by Candace A Jackman (Jackman, Candace) (Filed on 7/1/2020) |
| Filing 18 ADMINISTRATIVE MOTION to Set Briefing Schedule and Extend Page Limits filed by Elon Musk, Tesla, Inc.. Responses due by 7/6/2020. (Attachments: #1 Declaration Declaration of Candace Jackman, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Adams-Hess, Lindsey) (Filed on 7/1/2020) |
| Filing 17 Certificate of Interested Entities by Tesla, Inc. (Adams-Hess, Lindsey) (Filed on 7/1/2020) |
| Filing 16 Clerk's DECLINATION OF DEFAULT. Affidavit of service does not meet requirements of California Code of Civil Procedure 417.10 and Civil L.R. 4-2. (Related documents(s) #15 )(fabS, COURT STAFF) (Filed on 7/1/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 15 MOTION for Entry of Default Against Omar Qazi and Smick Enterprises, Inc. filed by Aaron Jacob Greenspan. (Attachments: #1 Declaration of Aaron Greenspan)(Greenspan, Aaron) (Filed on 6/30/2020) |
| Filing 14 MOTION for Costs and Expenses Pursuant to FRCP 4(d)(2) for Service on Elon Musk filed by Aaron Jacob Greenspan. Responses due by 7/9/2020. Replies due by 7/16/2020. (Attachments: #1 Declaration of Aaron Greenspan, #2 Proposed Order)(Greenspan, Aaron) (Filed on 6/25/2020) |
| Filing 13 CERTIFICATE OF SERVICE by Aaron Jacob Greenspan as to Elon Musk, effective 6/23/2020 (Greenspan, Aaron) (Filed on 6/25/2020) |
| Filing 12 CERTIFICATE OF SERVICE by Aaron Jacob Greenspan as to Tesla, Inc. effective 6/12/2020 (Attachments: #1 Certificate/Proof of Service Unexecuted Summons as to Omar Qazi, #2 Certificate/Proof of Service Unexecuted Summons as to Smick Enterprises, Inc.)(Greenspan, Aaron) (Filed on 6/19/2020) |
| Filing 11 CERTIFICATE OF SERVICE by Aaron Jacob Greenspan as to Omar Qazi and Smick Enterprises, Inc. effective 6/7/2020 (Greenspan, Aaron) (Filed on 6/9/2020) |
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Filing 10
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 8/20/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 8/13/2020. Signed by Judge James Donato on 6/3/2020. (lrcS, COURT STAFF) (Filed on 6/3/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 9
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 05/27/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(mbcS, COURT STAFF) (Filed on 5/27/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 8 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ahm, COURT STAFF) (Filed on 5/27/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Aaron Jacob Greenspan.. (Greenspan, Aaron) (Filed on 5/27/2020) |
| Filing 6 Certificate of Interested Entities by Aaron Jacob Greenspan identifying Other Affiliate Think Computer Corporation, Other Affiliate Turing Feynman LLC for Aaron Jacob Greenspan. (Greenspan, Aaron) (Filed on 5/27/2020) |
| Filing 5 Summons Issued as to Elon Musk, Omar Qazi, Smick Enterprises Inc., Tesla, Inc. (fabS, COURT STAFF) (Filed on 5/21/2020) |
| Filing 4 FEE PAID (Filing fee$ 400, Pay.gov Tracking ID: 26P0CBHG). (wsnS, COURT STAFF) (Filed on 5/21/2020) |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/13/2020. Initial Case Management Conference set for 8/20/2020 01:30 PM in San Francisco, Courtroom E, 15th Floor. (fabS, COURT STAFF) (Filed on 5/21/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 2 Proposed Summons. (Attachments: #1 Musk, #2 Smick, #3 Tesla)(wsnS, COURT STAFF) (Filed on 5/20/2020) |
| Filing 1 COMPLAINT against Elon Musk, Omar Qazi, Smick Enterprises Inc., Tesla, Inc. Filed by Aaron Greenspan. Consent/Declination due by 6/3/2020. (Attachments: #1 Civil Cover Sheet)(fabS, COURT STAFF) (Filed on 5/20/2020) (Additional attachment(s) added on 5/21/2020: #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M) (wsnS, COURT STAFF). |
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