Amans v. Tesla, Inc.
| Matthew Amans, Sol Kim, Aaron Mandell, Alissa Beth Cohen Mandell, Mattias Astrom, Arpan Patel, Anupama Vivek, Jerin Zachariah, Peter Burns and Babak Malek |
| Tesla, Inc. |
| 3:2021cv03577 |
| May 12, 2021 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| Susan van Keulen |
| Lucy H Koh |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 101 NOTICE by Matthew Amans, Babak Malek re #98 MOTION for Preliminary Approval of Class Action Settlement Notice of Class Action Settlement Agreement Addendum (Rapp, Eve-Lynn) (Filed on 7/10/2023) |
Filing 100
ORDER re #98 MOTION for Preliminary Approval of Class Action Settlement. Counsel for the plaintiffs must review the proposed notice and proposed order to ensure that they comply with the Court's standing order (including but not limited to the provision requiring class members to be informed that failure to comply with requirements for submitting objections may be excused for good cause). No later than 5:00 p.m. Thursday, July 20, 2023, counsel must either submit any revised documents or file a notice affirming that all submitted documents are in compliance. Signed by Judge Vince Chhabria on 7/3/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF) (Filed on 7/3/2023)
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Filing 99
Order by Judge Vince Chhabria granting #97 Motion for Leave to File Excess Pages. (bxs, COURT STAFF) (Filed on 6/28/2023)
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| Filing 98 MOTION for Preliminary Approval of Class Action Settlement filed by Matthew Amans, Babak Malek. Motion Hearing set for 8/10/2023 01:00 PM in San Francisco, - Videoconference Only before Judge Vince Chhabria. Responses due by 7/10/2023. Replies due by 7/17/2023. (Attachments: #1 Declaration of Eve-Lynn Rapp, #2 Rapp Decl., Ex. 1 - Settlement Agreement, #3 Rapp Decl., Ex. 2 - Firm Resume of Edelson PC, #4 Rapp Decl., Ex. 3 - Firm Resume of Miller Law Firm, P.C., #5 Rapp Decl., Ex. 4 - Firm Resume of Cotchett, Pitre, & McCarthy LLP, #6 Declaration of Steven Weisbrot, #7 Proposed Order)(Rapp, Eve-Lynn) (Filed on 6/26/2023) |
| Filing 97 MOTION for Leave to File Excess Pages Re: Plaintiffs' Motion for Preliminary Approval of Class Action Settlement (Unopposed) filed by Matthew Amans, Babak Malek. (Attachments: #1 Proposed Order)(Rapp, Eve-Lynn) (Filed on 6/26/2023) |
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Filing 96
Order by Judge Vince Chhabria granting #95 Joint Stipulation to Extend Deadline to File Motion Seeking Preliminary Approval of Class Action Settlement Agreement. NO FURTHER EXTENSIONS WILL BE GRANTED. Motion for Preliminary Approval due by 6/26/2023. (bxs, COURT STAFF) (Filed on 6/7/2023)
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| Filing 95 STIPULATION WITH PROPOSED ORDER re #94 Order on Stipulation - Joint Stipulation to Extend Deadline to File Motion Seeking Preliminary Approval of Class Action Settlement Agreement; [Proposed] Order filed by Matthew Amans, Babak Malek. (Attachments: #1 Declaration of Eve-Lynn J. Rapp)(Rapp, Eve-Lynn) (Filed on 6/6/2023) |
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Filing 94
Order by Judge Vince Chhabria granting #93 Stipulation to Stay Case. Motion for Preliminary Approval due by 6/12/2023. (vclc1, COURT STAFF) (Filed on 5/2/2023)
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| Filing 93 STIPULATION WITH PROPOSED ORDER - Notice of Settlement in Principle and Joint Stipulation to Stay Case Pending Filing of Motion for Preliminary Approval of Class Action Settlement Agreement filed by Matthew Amans, Babak Malek. (Attachments: #1 Declaration of Eve-Lynn J. Rapp)(Rapp, Eve-Lynn) (Filed on 5/1/2023) |
| Filing 92 Transcript of Proceedings held on 7/14/2022, before Judge Vince Chhabria. Court Reporter/Transcriber Liberty Transcripts/Dipti Patel, telephone number (847) 848-4907. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 1/25/2023. Redacted Transcript Deadline set for 2/6/2023. Release of Transcript Restriction set for 4/4/2023. (Patel, Dipti) (Filed on 1/4/2023) |
| Filing 91 ANSWER TO CONSOLIDATED CLASS ACTION COMPLAINT by Tesla, Inc.. (Marcus, David) (Filed on 8/30/2022) Modified on 8/30/2022 (kmg, COURT STAFF). |
| Filing 90 NOTICE of Change In Counsel by Justin Theodore Berger (Withdrawal of Kelsey L. Campbell for Plaintiff Babak Malek) (Berger, Justin) (Filed on 8/30/2022) |
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Filing 89
ORDER REFERRING CASE directly to Magistrate Judge Susan van Keulen for Discovery purposes. Signed by Judge Vince Chhabria on 8/17/2022. (knm, COURT STAFF) (Filed on 8/17/2022)
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Filing 88
ORDER by Judge Susan van Keulen Granting #86 Stipulation Re the Search for and Production of Documents (ESI Protocol). (svklc2, COURT STAFF) (Filed on 8/17/2022)
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| Filing 87 Minute Entry for proceedings held before Judge Vince Chhabria: Further Case Management Conference held via Zoom on 8/11/2022.Case Schedule: Last day to amend pleadings due by 1/6/2023. Opening Reports re Class Certification due by 2/27/2023. Rebuttal Reports re Class Certification due by 4/10/2023. Motion for Class Certification due by 5/8/2023. Responses due by 6/19/2023. Replies due by 7/10/2023. Motion Hearing re Class Certification set for 8/10/2023, 01:00 PM, in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Case Management Statement due by 8/30/2023. Further Case Management Conference set for 9/6/2023, 01:00 PM, via Videoconference.Total Time in Court: 4 minutes. Court Reporter: Hearing recorded via Zoom: 11:11 - 11:15. Plaintiff Attorney: Eve-Lynn Rapp and Justin Berger. Defendant Attorney: David Marcus and Alan Schoenfeld. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 8/11/2022) |
| Filing 86 STIPULATION WITH PROPOSED ORDER Regarding the Search for and Production of Documents (ESI Protocol) filed by Tesla, Inc.. (Marcus, David) (Filed on 8/11/2022) |
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Filing 85
Order by Judge Vince Chhabria granting #84 Stipulation to Enlarge Answer Date. (vclc1, COURT STAFF) (Filed on 8/9/2022)
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| Filing 84 STIPULATION WITH PROPOSED ORDER to Extend the Deadline for Tesla to Answer the Consolidated Complaint filed by Tesla, Inc.. (Attachments: #1 Declaration of Ryan Chabot in Support)(Marcus, David) (Filed on 8/8/2022) |
| Filing 83 CLERK'S NOTICE RESCHEDULING THE FURTHER CASE MANAGEMENT CONFERENCE TO 8/11/2022, AND PROVIDING ZOOM ACCESS. Further Case Management Conference set for 8/11/2022, 10:30 AM, via Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc General Order 58. P ersons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this en try.)(knm, COURT STAFF) (Filed on 8/5/2022) |
| Filing 82 JOINT FURTHER CASE MANAGEMENT STATEMENT filed by Matthew Amans, Babak Malek. (Rapp, Eve-Lynn) (Filed on 8/3/2022) |
| Filing 81 NOTICE of Appearance by Yaman Salahi (Salahi, Yaman) (Filed on 8/3/2022) |
| Filing 80 CLERK'S NOTICE PROVIDING ZOOM ACCESS AND REQUIRING ADVANCE REGISTRATION OF COUNSEL FOR 8/10/2022 CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 8/10/2022, 01:00 PM, via Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, August 4, 2022, by 10:00 a.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 8/2/2022) |
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Filing 79
Order by Judge Vince Chhabria granting in part and denying in part #63 Motion to Dismiss. (vclc1, COURT STAFF) (Filed on 7/26/2022)
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| Filing 77 TRANSCRIPT ORDER for proceedings held on 7/14/2022 before Judge Vince Chhabria by Tesla, Inc., for Court Reporter FTR - San Francisco. (Chabot, Ryan) (Filed on 7/21/2022) |
| Filing 78 Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held via Zoom on 7/14/2022 re #63 MOTION to Dismiss filed by Tesla, Inc.The Court heard oral argument and took the matter under submission. A written ruling will be issued. Total Time in Court: 36 minutes. Court Reporter: Hearing recorded via Zoom: 3:33 - 4:09. Plaintiff Attorney: Eve-Lynn Rapp, Aaron Lawson, and Justin Berger. Defendant Attorney: David Marcus and Alan Schoenfeld. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 7/14/2022) Modified on 7/23/2022: Matter transcribed by Dipti Patel (Liberty Transcripts). (rjd, COURT STAFF). |
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Filing 76
Order by Judge Vince Chhabria granting #74 Stipulation to Continue Further Case Management Conference. Case Management Statement due by 8/3/2022. Further Case Management Conference set for 8/10/2022 01:00 PM via Zoom.(vclc1, COURT STAFF) (Filed on 7/8/2022)
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| Filing 75 NOTICE of Appearance by John Aaron Lawson (Lawson, John) (Filed on 7/6/2022) |
| Filing 74 STIPULATION WITH PROPOSED ORDER to Continue Further Case Management Conference filed by Matthew Amans, Babak Malek. (Attachments: #1 Declaration of Eve-Lynn Rapp)(Rapp, Eve-Lynn) (Filed on 7/5/2022) Modified on 7/5/2022 (gba, COURT STAFF). |
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Filing 73
ORDER by Judge Susan van Keulen Granting #72 Joint Stipulated Protective Order As Modified by the Court. (svklc2, COURT STAFF) (Filed on 6/28/2022)
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| Filing 72 STIPULATION WITH PROPOSED ORDER - Joint Stipulated Protective Order; [Proposed] Order filed by Matthew Amans, Babak Malek. (Attachments: #1 Exhibit A - Redline Between Proposed Stipulated Protective Order and Model Protective Order)(Rapp, Eve-Lynn) (Filed on 6/28/2022) |
| Filing 71 CLERK'S NOTICE RESCHEDULING THE MOTION HEARING TO 7/14/2022, RE #63 MOTION to Dismiss . Motion Hearing set for 7/14/2022, 02:30 PM, via Videoconference Only before Judge Vince Chhabria. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, July 7, 2022, by 10:00 a.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This i s a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 6/7/2022) |
| Filing 70 REPLY (re #63 MOTION to Dismiss ) filed byTesla, Inc.. (Marcus, David) (Filed on 5/31/2022) |
| Filing 69 CLERK'S NOTICE RESETTING THE TIME FOR THE MOTION HEARING ON 6/23/2022, RE #63 MOTION to Dismiss . Motion Hearing set for 6/23/2022, 02:30 PM, via Videoconference Only before Judge Vince Chhabria. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appear ances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, June 16, 2022, by 10:00 a.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. < I< (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 5/19/2022) |
| Filing 68 OPPOSITION/RESPONSE (re #63 MOTION to Dismiss ) filed byMatthew Amans, Babak Malek. (Attachments: #1 Declaration of Eve-Lynn J. Rapp, #2 Exhibit A - June 11, 2021 Ltr. to Matthew Amans from Gabriella Cooper, Public Inquiry Unit of State of California Department of Justice)(Rapp, Eve-Lynn) (Filed on 5/9/2022) |
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Filing 67
Order by Judge Vince Chhabria granting #64 Motion for Pro Hac Vice - Muhic.(knm, COURT STAFF) (Filed on 5/9/2022)
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Filing 66
Order by Judge Vince Chhabria granting #58 Motion for Pro Hac Vice - Chabot.(knm, COURT STAFF) (Filed on 5/9/2022)
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Filing 65
Order by Judge Vince Chhabria granting #56 Motion for Pro Hac Vice - Schoenfeld.(knm, COURT STAFF) (Filed on 5/9/2022)
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| Filing 64 MOTION for leave to appear in Pro Hac Vice Peter Muhic ( Filing fee $ 317, receipt number ACANDC-17078544.) filed by Matthew Amans, Mattias Astrom, Peter Burns, Sol Kim, Babak Malek, Aaron Mandell, Alissa Beth Cohen Mandell, Arpan Patel, Anupama Vivek, Jerin Zachariah. (Muhic, Peter) (Filed on 4/12/2022) |
| Filing 63 NOTICE OF MOTION AND MOTION TO DISMISS filed by Tesla, Inc.. Motion Hearing set for 6/23/2022 10:00 AM before Judge Vince Chhabria. Responses due by 4/19/2022. Replies due by 4/26/2022. (Attachments: #1 Declaration of Creighton James in Support, #2 James Decl. Ex. A - November 10, 2020 Solar Roof Contract, #3 James Decl. Ex. B - January 24, 2021 Solar Roof Contract, #4 James Decl. Ex. C - June 25, 2021 Solar Roof Contract, #5 James Decl. Ex. D - July 20, 2021 Solar Roof Contract, #6 James Decl. Ex. E - November 29, 2021 Solar Roof Contract, #7 James Decl. Ex. F - Tesla Energy Products Retail Installment Contract, #8 James Decl. Ex. G - June 26, 2020 Solar Roof Contract, #9 James Decl. Ex. H - August 1, 2020 Solar Roof Contract, #10 James Decl. Ex. I - October 28, 2020 Solar Roof Contract, #11 James Decl. Ex. J - March 20, 2021 Solar Roof Contract, #12 James Decl. Ex. K - November 11, 2021 Solar Roof Contract)(Marcus, David) (Filed on 4/5/2022) Modified on 4/6/2022 (kmg, COURT STAFF). |
| Filing 62 NOTICE of Appearance by Bingxue Que (Que, Bingxue) (Filed on 4/5/2022) |
| Filing 61 CLERK'S NOTICE SCHEDULING FURTHER CASE MANAGEMENT CONFERENCE FOR 7/13/2022, PROVIDING ZOOM ACCESS, AND REQUIRING ADVANCE REGISTRATION OF COUNSEL. Case Management Statement due by 7/6/2022. Further Case Management Conference set for 7/13/2022, 01:00 PM, via Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, July 7, 2022, by 10:00 a.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 4/1/2022) |
| Filing 60 Minute Entry for proceedings held before Judge Vince Chhabria: Further Case Management Conference held via Zoom on 3/16/2022.The Court confirmed with the parties that cases 21-cv-3681-VC, Kim v. Tesla, and 21-cv-5528-VC, Malek v. Tesla, should be terminated based on the consolidation of the claims into the Amans case.Discovery may proceed, but is limited to only the merits as to whether defendant is liable to the named plaintiffs. No discovery is to take place as to the Class. The parties are ordered to email the courtroom deputy (at vccrd@cand.uscourts.gov) with a date for the further case management conference, which should take place two to three weeks after the hearing on the Motion to Dismiss. The deadline to notify the clerk is 3/29/2022, by 10:00 a.m. At the next CMC, a case schedule will be set and it will be based on whether class certification or the adjudication of the named plaintiffs' claims will proceed first.Total Time in Court: 15 minutes. Court Reporter: Hearing recorded via Zoom: 3:03 - 3:18. Plaintiff Attorney: Eve-Lynn Rapp, Peter Muhic, and Justin Berger. Defendant Attorney: David Marcus and Alan Schoenfeld. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 3/16/2022) |
| Filing 59 CLERK'S NOTICE RESETTING THE TIME FOR THE FURTHER CASE MANAGEMENT CONFERENCE ON 3/16/2022. Further Case Management Conference set for 3/16/2022, 03:00 PM, via Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc General Order 58. Persons granted ac cess to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 3/16/2022) |
| Filing 58 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16982407.) filed by Tesla, Inc.. (Chabot, Ryan) (Filed on 3/10/2022) |
| Filing 57 JOINT CASE MANAGEMENT STATEMENT filed by Tesla, Inc.. (Marcus, David) (Filed on 3/9/2022) |
| Filing 56 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16976715.) filed by Tesla, Inc.. (Schoenfeld, Alan) (Filed on 3/9/2022) |
| Filing 55 CLERK'S NOTICE RESETTING THE TIME FOR THE CASE MANAGEMENT CONFERENCE ON 3/16/2022, PROVIDING ZOOM ACCESS, AND REQUIRING ADVANCE REGISTRATION OF COUNSEL. The Court will be in trial on 3/16/2022 in another matter and therefore must change the time for this hearing. Further Case Management Conference set for 3/16/2022, 03:30 PM, via Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, March 10, 2022, by 10:00 a.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry. )(knm, COURT STAFF) (Filed on 3/9/2022) |
| Filing 54 AMENDED COMPLAINT Consolidated Class Action Complaint against Tesla, Inc.. Filed byBabak Malek, Matthew Amans. (Rapp, Eve-Lynn) (Filed on 2/22/2022) |
| Filing 53 NOTICE of Change In Counsel by Lily E. Hough (Hough, Lily) (Filed on 2/7/2022) |
| Filing 52 STATUS REPORT Regarding Settlement (Joint) by Tesla, Inc.. (Marcus, David) (Filed on 2/7/2022) |
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Filing 51
Order by Judge Vince Chhabria granting #50 stipulation to continue case management conference. Case Management Statement due by 3/9/2022. Further Case Management Conference set for 3/16/2022 01:00 PM via Zoom. (vclc1, COURT STAFF) (Filed on 1/26/2022)
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| Filing 50 STIPULATION WITH PROPOSED ORDER re #46 Order on Stipulation, Stipulation to Continue Deadline Related to Consolidated Complaint filed by Matthew Amans. (Attachments: #1 Declaration of Eve-Lynn J. Rapp)(Rapp, Eve-Lynn) (Filed on 1/25/2022) |
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Filing 49
Order by Judge Vince Chhabria granting #47 stipulation to continue deadlines related to the consolidated complaint. Consolidated complaint due by 2/22/2022. Response due by 4/5/2022. Opposition due by 05/09/2022. Reply due by 05/31/2022. Motion Hearing set for 6/23/2022 10:00 AM via Zoom before Judge Vince Chhabria. (vclc1, COURT STAFF) (Filed on 1/21/2022)
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| Filing 48 CLERK'S NOTICE PROVIDING ZOOM ACCESS AND REQUIRING ADVANCE REGISTRATION OF COUNSEL FOR FURTHER CMC ON 2/2/2022. Further Case Management Conference set for 2/2/2022, 01:00 PM, via Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: b> Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, January 27, 2022, by 10 AM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This i s a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 1/21/2022) |
| Filing 47 STIPULATION WITH PROPOSED ORDER re #40 Order on Stipulation Stipulation to Continue Deadlines Related to Consolidated Complaint; [Proposed] Order filed by Matthew Amans. (Attachments: #1 Declaration of Eve-Lynn J. Rapp)(Rapp, Eve-Lynn) (Filed on 1/20/2022) |
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Filing 46
Order by Judge Vince Chhabria granting #43 stipulation to continue the case management conference. Case Management Statement due by 1/26/2022. Further Case Management Conference set for 2/2/2022 01:00 PM via Zoom. (vclc1, COURT STAFF) (Filed on 1/14/2022)
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Filing 45
ORDER REASSIGNING CASE. Signed by Judge Richard Seeborg on 1/12/2022. (Attachments: #1 Cameras)(ecg, COURT STAFF) (Filed on 1/12/2022)
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| Filing 44 This case will be randomly assigned/reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #http://cand.uscourts.gov/news/225. (ecg, COURT STAFF) (Filed on 1/12/2022) |
| Case Reassigned to Judge Vince Chhabria. Judge Caseload Rebalancing Judge no longer assigned to the 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. (ecg, COURT STAFF) (Filed on 1/12/2022) |
| Filing 43 STIPULATION WITH PROPOSED ORDER to Continue Further Case Management Conference and Related Deadline filed by Matthew Amans. (Attachments: #1 Declaration of David C. Marcus, #2 Proposed Order)(Rapp, Eve-Lynn) (Filed on 1/11/2022) |
| Filing 42 STIPULATION for Reassignment to United States District Judge filed by Tesla, Inc.. (Marcus, David) (Filed on 12/30/2021) |
| Filing 41 You are receiving this Notice because this case has been assigned to the Honorable Lucy H. Koh. On December 13, 2021, Judge Koh was confirmed to the United States Court of Appeals for the Ninth Circuit. The parties to this action are instructed to meet and confer to determine if collectively they will consent to transfer of this case to a Magistrate Judge for all purposes. On or before January 5, 2022, each party must file either (1) written consent to the jurisdiction of a Magistrate Judge or (2) a request for reassignment of this case to a district judge. The parties may consent to the jurisdiction of a specific Magistrate Judge regardless of the division of the Court to which that Judge is assigned. In the event that the parties decline consent to Magistrate Judge jurisdiction, the case will be randomly reassigned to a district judge who likely will not be resident in the San Jose division of the Court. ON BEHALF OF THE EXECUTIVE COMMITTEE, Richard Seeborg, Chief Judge. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecg-adi, COURT STAFF) (Filed on 12/17/2021) |
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Filing 40
Order by Judge Lucy H. Koh granting #39 Stipulation.(lhklc2, COURT STAFF) (Filed on 12/13/2021)
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| Filing 39 STIPULATION WITH PROPOSED ORDER to Extend Deadlines filed by Tesla, Inc.. (Attachments: #1 Declaration of David C Marcus, #2 Proposed Order)(Marcus, David) (Filed on 12/6/2021) |
| Filing 38 NOTICE of Substitution of Counsel by David Charles Marcus and Proposed Order (Attachments: #1 Proposed Order)(Marcus, David) (Filed on 12/3/2021) |
| Filing 37 NOTICE of Appearance by David Charles Marcus (Marcus, David) (Filed on 12/3/2021) |
| ***Set Deadlines/Hearings per #36 Order: Motion Hearing CONTINUED from 2/17/2022 to 4/14/2022 at 1:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. (ked, COURT STAFF) (Filed on 11/1/2021) |
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Filing 36
ORDER by Judge Lucy H. Koh granting #35 Stipulation. (lhklc2, COURT STAFF) (Filed on 10/31/2021)
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| Filing 35 STIPULATION WITH PROPOSED ORDER re #26 Order to Extend Deadlines Related to Consolidated Complaint filed by Tesla, Inc.. (Somvichian, Whitty) (Filed on 10/25/2021) |
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Filing 34
Order by Judge Lucy H. Koh Denying as Moot #32 Stipulation. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 10/18/2021)
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Filing 33
ORDER by Judge Lucy H. Koh granting in part (28) Motion to Appoint Counsel in case 5:21-cv-03577-LHK. (lhklc2S, COURT STAFF) (Filed on 10/18/2021)
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| Filing 32 STIPULATION WITH PROPOSED ORDER re #26 Order, #28 MOTION to Appoint Counsel Plaintiffs Notice of Motion and Motion for Appointment of Interim Lead Counsel; Memorandum of Points and Authorities in Support Thereof -- Stipulated Request to Reschedule Hearing Date on the Motion to Appoint Lead Counsel; [Proposed] Order filed by Matthew Amans, Mattias Astrom, Peter Burns, Sol Kim, Babak Malek, Aaron Mandell, Alissa Beth Cohen Mandell, Arpan Patel, Anupama Vivek, Jerin Zachariah. (Hough, Lily) (Filed on 10/15/2021) |
| Filing 31 REPLY (re #28 MOTION to Appoint Counsel Plaintiffs Notice of Motion and Motion for Appointment of Interim Lead Counsel; Memorandum of Points and Authorities in Support Thereof ) filed byMatthew Amans, Mattias Astrom, Peter Burns, Sol Kim, Babak Malek, Aaron Mandell, Alissa Beth Cohen Mandell, Arpan Patel, Anupama Vivek, Jerin Zachariah. (Rapp, Eve-Lynn) (Filed on 10/12/2021) |
| Filing 30 Response re #28 MOTION to Appoint Counsel Plaintiffs Notice of Motion and Motion for Appointment of Interim Lead Counsel; Memorandum of Points and Authorities in Support Thereof byTesla, Inc.. (Somvichian, Whitty) (Filed on 10/6/2021) |
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Filing 29
Order by Judge Lucy H. Koh Granting #27 Motion for Pro Hac Vice. (kedS, COURT STAFF) (Filed on 10/5/2021)
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| Filing 28 MOTION to Appoint Counsel Plaintiffs Notice of Motion and Motion for Appointment of Interim Lead Counsel; Memorandum of Points and Authorities in Support Thereof filed by Matthew Amans, Mattias Astrom, Peter Burns, Sol Kim, Babak Malek, Aaron Mandell, Alissa Beth Cohen Mandell, Arpan Patel, Anupama Vivek, Jerin Zachariah. (Attachments: #1 Declaration of Eve-Lynn J. Rapp in Support of Motion for Appointment of Interim Lead Counsel, #2 Exhibit A - Firm Resume of Edelson PC, #3 Exhibit B - Firm Resume of LeVan Muhic Stapleton LLC, #4 Exhibit C - Firm Resume of Cotchett, Pitre, & McCarthy, LLP, #5 [Proposed] Order)(Rapp, Eve-Lynn) (Filed on 9/29/2021) |
| Filing 27 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16446801.) filed by Matthew Amans. (Rapp, Eve-Lynn) (Filed on 9/29/2021) |
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Filing 26
UPDATED CASE MANAGEMENT ORDER. Signed by Judge Lucy H. Koh on 09/21/2021. (lhklc2, COURT STAFF) (Filed on 9/21/2021)
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| ***Set Deadlines/Hearings per #25 Order: Further Case Management Conference set for 1/19/2022 at 2:00 PM in San Jose, Courtroom 8, 4th Floor. Case Management Statement due by 1/12/2022. Hearing on Motion for Appointment of Interim Lead Class Counsel set for 10/22/2021 at 1:00 PM before Judge Lucy H. Koh. Motion Hearing set for 2/17/2022 at 1:30 PM before Judge Lucy H. Koh. (kedS, COURT STAFF) (Filed on 9/20/2021) |
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Filing 25
CASE MANAGEMENT ORDER. Signed by Judge Lucy H. Koh on 09/17/2021. (lhklc2, COURT STAFF) (Filed on 9/17/2021)
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| Filing 24 JOINT CASE MANAGEMENT STATEMENT filed by Tesla, Inc.. (Somvichian, Whitty) (Filed on 9/16/2021) |
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Filing 23
ORDER to File Joint Case Management Statement. Signed by Judge Lucy H. Koh on 09/16/2021. (lhklc2, COURT STAFF) (Filed on 9/16/2021)
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| ***Set Deadlines/Hearings per #22 Case Management Order: Initial Case Management Conference CONTINUED from 8/18/2021 to 9/22/2021 at 2:00 PM in San Jose, Courtroom 8, 4th Floor. Case Management Statement due by 9/15/2021. (kedS, COURT STAFF) (Filed on 8/13/2021) |
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Filing 22
Case Management Order. The Court consolidates 5:21-cv-05528-LHK, Malek v. Tesla with the 5:21-cv-03577-LHK and 5:21-cv-03681-LHK, Kim v. Tesla. Signed by Judge Lucy H. Koh on 8/12/2021. (lhklc2, COURT STAFF) (Filed on 8/12/2021) Modified text on 8/13/2021 (dhmS, COURT STAFF).
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| Filing 21 JOINT CASE MANAGEMENT STATEMENT filed by Tesla, Inc.. (Somvichian, Whitty) (Filed on 8/11/2021) |
| Filing 20 SUA SPONTE Judicial Referral for Purpose of Determining Relationship of 5:21-cv-03577 LHK with case 5:21-cv-05528 NC. Signed by Judge Nathanael M. Cousins on 7/22/2021. (lmh, COURT STAFF) (Filed on 7/22/2021) |
| Filing 19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Hough, Lily) (Filed on 7/20/2021) |
| Filing 18 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Somvichian, Whitty) (Filed on 7/20/2021) |
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Filing 17
Order Relating Cases. The Court consolidates class action cases 21-cv-03577 and 21-cv-3681. Signed by Judge Lucy H. Koh on 7/16/2021. (lhklc2, COURT STAFF) (Filed on 7/16/2021) Modified text on 7/28/2021 (dhmS, COURT STAFF).
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| Filing 16 STIPULATION re #1 Complaint Stipulation to Extend Time to Answer or Respond to The Complaint filed by Tesla, Inc.. (Somvichian, Whitty) (Filed on 6/30/2021) |
| Filing 15 Rule 7.1 Disclosures by Tesla, Inc. (Rhodes, Michael) (Filed on 6/8/2021) |
| Filing 14 NOTICE of Appearance by Whitty Somvichian (Somvichian, Whitty) (Filed on 6/8/2021) |
| Filing 13 NOTICE of Appearance by Sharon Soohyun Song (Song, Sharon) (Filed on 6/8/2021) |
| Filing 12 NOTICE of Appearance by Danielle Charniece Pierre (Pierre, Danielle) (Filed on 6/8/2021) |
| Filing 11 NOTICE of Appearance by Michael Graham Rhodes (Rhodes, Michael) (Filed on 6/8/2021) |
| Filing 10 WAIVER OF SERVICE Returned Executed filed by Matthew Amans. Service waived by Tesla, Inc. waiver sent on 5/14/2021, answer due 7/13/2021. (Hough, Lily) (Filed on 5/18/2021) |
| Filing 9 SUA SPONTE Judicial Referral for Purpose of Determining Relationship of Case 21-cv-03577 LHK with 21-cv-03681 NC. Signed by Judge Nathanael M. Cousins on 5/18/2021. (lmh, COURT STAFF) (Filed on 5/18/2021) |
| Filing 8 CLERK'S NOTICE FOLLOWING CASE REASSIGNMENT TO THE HONORABLE LUCY H. KOH. Following the case reassignment to the Honorable Lucy H. Koh, an Initial Case Management Conference is set for August 18, 2021 at 2:00 PM in Courtroom 8, 4th floor, in San Jose, California. The Joint Case Management Statement is due seven days prior to the Initial Case Management Conference. See Civil L.R. 16-9 and Civil L.R. 16-10(a). The parties shall familiarize themselves with the Scheduling Notes and Standing Orders for the Hon. Lucy H. Koh: http://cand.uscourts.gov/lhk. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 5/17/2021) |
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Filing 7
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Lucy H. Koh n for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Susan van Keulen remains as referral judge assigned to case. Reassignment Order signed by Clerk on 5/17/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 5/17/2021)
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| Filing 6 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. (jhfS, COURT STAFF) (Filed on 5/17/2021) |
| Filing 5 Certificate of Interested Entities by Matthew Amans (Hough, Lily) (Filed on 5/14/2021) |
| Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Matthew Amans.. (Hough, Lily) (Filed on 5/14/2021) |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/3/2021. Initial Case Management Conference set for 8/10/2021 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cv, COURT STAFF) (Filed on 5/13/2021) |
| Filing 2 Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/27/2021. (haS, COURT STAFF) (Filed on 5/13/2021) |
| Filing 1 COMPLAINT against Tesla, Inc. ( Filing fee $ 402, receipt number 0971-15960368.). Filed byMatthew Amans. (Attachments: #1 Civil Cover Sheet)(Hough, Lily) (Filed on 5/12/2021) |
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