Balan v. Tesla Motors Inc
| Cristina Balan |
| Tesla Motors Inc. |
| 4:2022cv03890 |
| July 1, 2022 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Sallie Kim |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| Both |
Docket Report
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This docket was last retrieved on October 3, 2022. A more recent docket listing may be available from PACER.
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| Filing 107 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for October 4, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by September 27, 2022. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:22-cv-03890-HSG. The October 4th proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 7/26/2022)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) |
Filing 106
ORDER REASSIGNING CASE. Case reassigned to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case. Signed by The Clerk on 07/26/2022. (jrs, COURT STAFF) (Filed on 7/26/2022)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 105
ORDER RELATING CASE. Signed by Judge Haywood S. Gilliam, Jr. on 7/25/2022. (ndr, COURT STAFF) (Filed on 7/25/2022)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 104 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/26/2022. Initial Case Management Conference set for 10/3/2022 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (jlg, COURT STAFF) (Filed on 7/1/2022)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) |
| Filing 103 Case transferred in from District of Washington Western; Case Number 2:19-cv-00067. Original file certified copy of transfer order and docket sheet received. |
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Filing 102
ORDER granting Defendant's #87 Motion to Dismiss and Transfer. The Court DISMISSES WITHOUT PREJUDICE the claims against Musk for lack of personal jurisdiction and TRANSFERS Balan's Application as to Tesla to the U.S. District Court for the Northern District of California pursuant to the first-to-file rule. The Court does not reach the merits of Balan's Application, which shall be considered, instead, by the Northern District of California. Signed by Judge Marsha J. Pechman. (SB)
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Filing 101
ORDER re-noting Plaintiff's #83 MOTION to Vacate Arbitration Award. Plaintiff's motion to vacate is re-noted for consideration on 4/8/2022. Signed by Judge Marsha J. Pechman. (SB)
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| Filing 100 REPLY, filed by Defendant Tesla Motors Inc, TO RESPONSE to #87 MOTION to Dismiss Petitioners Motion to Vacate Arbitration Award or, Alternatively, Motion to Transfer (Mills, Jason) |
| Filing 99 RESPONSE, by Plaintiff Cristina Balan, to #87 MOTION to Dismiss Petitioners Motion to Vacate Arbitration Award or, Alternatively, Motion to Transfer. Oral Argument Requested. (Balan, Cristina) |
| Filing 98 PRAECIPE to attach document (Declaration and Exhibits) because Plaintiff just realized today that she attached the main motion twice instead of the declaration and 3 exhibits file re #97 Reply to Response to Motion by Plaintiff Cristina Balan (Balan, Cristina) |
| Filing 97 REPLY, filed by Plaintiff Cristina Balan, TO RESPONSE to #83 MOTION to Vacate THE ARBITRATION AWARD (Attachments: #1 Exhibit)(Balan, Cristina) |
| Filing 96 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Per D. Jansen for Defendant Tesla Motors Inc. (Jansen, Per) |
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Filing 95
ORDER granting Plaintiff's #92 Motion for Extension of Time. Plaintiff's motion to vacate the arbitration award, (Dkt. No. #83 ), is re-noted to 4/1/2022, and her reply is due on that date. Defendant's motion to dismiss or transfer, (Dkt. No. #87 ), is re-noted to 4/8/2022. Plaintiff's response to that motion is due April 4. Plaintiff's motion for extension of time filed under Docket Number #89 shall be marked as withdrawn, as it is clear she intended the instant motion to replace it. Signed by Judge Marsha J. Pechman. (SB)
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| Filing 94 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney John S Devlin, III for Defendant Tesla Motors Inc. (Devlin, John) |
| Filing 93 NOTICE of Appearance by attorney John S Devlin, III on behalf of Defendant Tesla Motors Inc. (Devlin, John) |
| Filing 92 MOTION for Extension of Time CORRECTED, for answering the defendants' motion to dismiss and their opposition to Balan motion to vacate due to medical emergency, filed by Plaintiff Cristina Balan. Noting Date 3/25/2022, (Balan, Cristina) |
| Filing 91 DECLARATION of Michael D. Weil filed by Defendant Tesla Motors Inc re #83 MOTION to Vacate THE ARBITRATION AWARD (Mills, Jason) |
| Filing 90 RESPONSE, by Defendant Tesla Motors Inc, to #83 MOTION to Vacate THE ARBITRATION AWARD. (Mills, Jason) |
| Filing 89 WITHDRAWN per the filing of Plaintiff's #92 Corrected Motion Proposed MOTION for Extension of Time re #87 MOTION to Dismiss Petitioners Motion to Vacate Arbitration Award or, Alternatively, Motion to Transfer to file the reply due to medical reasons, filed by Plaintiff Cristina Balan. Noting Date 3/14/2022, (Balan, Cristina) Modified on 3/17/2022 (SB). |
| Filing 88 DECLARATION of Michael Weil ISO Defendants' MTD Petitioner's Mot. to Vacate Arbitration Award or, Alternatively, Motion to Dismiss filed by Defendant Tesla Motors Inc re #87 MOTION to Dismiss Petitioners Motion to Vacate Arbitration Award or, Alternatively, Motion to Transfer (Attachments: #1 Exhibit Exhibits A-G, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Mills, Jason) |
| Filing 87 MOTION to Dismiss Petitioners Motion to Vacate Arbitration Award or, Alternatively, Motion to Transfer, filed by Defendant Tesla Motors Inc. (Attachments: #1 Proposed Order) Noting Date 4/1/2022, 4/8/2022 (Mills, Jason) Modified on 3/17/2022 (SB). |
| Filing 86 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Marina Cristine Gruber for Defendant Tesla Motors Inc. (Gruber, Marina) |
| Filing 85 NOTICE of Appearance by attorney Jason S. Mills on behalf of Defendant Tesla Motors Inc. (Mills, Jason) |
| Filing 84 PRAECIPE to attach document EXHIBITS - PLAINTIFF COULDN'T ATTACH IT WITH THE MOTION BECAUSE OF AN ERROR IN THE PDF - re #83 MOTION to Vacate THE ARBITRATION AWARD by Plaintiff Cristina Balan (Balan, Cristina) |
| Filing 83 MOTION to Vacate THE ARBITRATION AWARD, filed by Plaintiff Cristina Balan. Oral Argument Requested. Noting Date 3/18/2022, 4/1/2022 (Balan, Cristina) Modified on 3/17/2022 (SB). |
| Filing 82 STATUS REPORT and Response to Plaintiff's Ex Parte Application for Administrative Relief and Approval to Re-Open Case and to File Noticed Motion to Vacate Arbitration Award by Defendant Tesla Motors Inc (Gruber, Marina) |
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Filing 81
ORDER re Defendant's #80 Motion for Withdrawal and Substitution of Counsel. Babak Yousefzadeh and Gal Gressel hereby move to withdraw as counsel of record for defendant Tesla Motors. Marina C. Gruber of Morgan, Lewis & Bockius LP will substitute as counsel of record for defendant Tesla Motors. Defendant Tesla Motors hereby designates Michael D. Weil of Morgan Lewis & Bockius as additional counsel of record. Signed by Judge James L. Robart. (SB)
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| Filing 80 MOTION to Withdraw as Attorney MOTION AND [PROPOSED] ORDER FOR WITHDRAWAL AND SUBSTITUTION OF COUNSEL FOR DEFENDANT, filed by Defendant Tesla Motors Inc. Noting Date 1/19/2022, (Gressel, Gal) |
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Filing 79
ORDER granting in part and denying in part Plaintiff's #78 Motion to Reopen Case. The Court GRANTS the motion in part simply to clarify that Plaintiff is free to file any motion or application in accordance with the Federal Rules of Civil Procedure and the Local Civil Rules. The Court DENIES the application to reopen the case. Plaintiff's claim is subject to arbitration. (Dkt. Nos. #70 , #75 .) At this time, the case remains closed. Signed by Judge James L. Robart.(SB)
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| Filing 78 Proposed MOTION to Reopen Case AND TO FILE NOTICED MOTION TO VACATE THE ARBITRATION AWARD, filed by Plaintiff Cristina Balan. Noting Date 1/13/2022, (Balan, Cristina) |
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Filing 77
ORDER denying Plaintiff's #76 Motion for Reconsideration. Signed by Judge Marsha J. Pechman. (SR)
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| Filing 76 MOTION for Reconsideration re #75 Order on Motion to Vacate,, Terminated Case, ON ORDER CLOSING CASE, filed by Plaintiff Cristina Balan. Noting Date 4/26/2021, (Balan, Cristina) |
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Filing 75
ORDER CLOSING CASE re #72 Mandate of USCA. In light of the Ninth Circuit's decision, the entirety of Ms. Balan's defamation claim is subject to the Agreement. The Court therefore ORDERS this matter closed; all pending motions shall be terminated. Signed by Judge Marsha J. Pechman.(PM)
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| Filing 74 DECLARATION of CRISTINA BALAN, including All EXHIBITS 1-25 filed by Plaintiff Cristina Balan re #73 MOTION to Vacate #40 Order on Motion to Compel,, Case Stayed, and Lift Stay (Balan, Cristina) |
| Filing 73 MOTION to Vacate #40 Order on Motion to Compel,, Case Stayed, and Lift Stay, filed by Plaintiff Cristina Balan. Noting Date 4/30/2021, (Balan, Cristina) |
| Filing 72 MANDATE OF USCA (19-35637) as to #42 Notice of Appeal filed by Tesla Motors Inc, #70 Memorandum/Opinion from USCA,. The judgment of this Court, entered March 22, 2021, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. The parties shall bear their own costs on appeal. REVERSED AND REMANDED (RE) |
| Filing 71 FILED IN ERROR, PLEASE DISREGARD MOTION to Lift Stay AND VACATE ORDER COMPELLING ARBITRATION (ECF#40), filed by Plaintiff Cristina Balan. Noting Date 4/30/2021, (Balan, Cristina) Modified on 4/13/2021 to strike docket entry at request of filer (KB). |
| NOTICE of Docket Text Modification re #71 MOTION to Lift Stay AND VACATE ORDER COMPELLING ARBITRATION (ECF#40) : Modified on 4/13/2021 to strike docket entry and terminate motion at request of filer. (KB) |
| Filing 70 MEMORANDUM FROM USCA (19-35637) (NOT THE MANDATE) as to #42 Notice of Appeal filed by Tesla Motors Inc. The district courts partial denial of Teslas motion to compel arbitration is REVERSED and the case is REMANDED. The parties shall bear their own costs on appeal. (CDA) |
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Filing 69
ORDER OF USCA (19-35637) as to #42 Notice of Appeal filed by Tesla Motors Inc. (SG)
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| Filing 68 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney William Elliot Weiner for Defendant Tesla Motors Inc. (Weiner, William) |
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Filing 67
ORDER OF USCA (19-35637) as to #42 Notice of Appeal filed by Tesla Motors Inc. (RE)
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| Filing 66 NOTICE of Appearance by attorney Per D Jansen on behalf of Defendant Tesla Motors Inc. (Jansen, Per) |
| Filing 65 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Darin M Sands for Defendant Tesla Motors Inc. (Weiner, William) |
| Filing 64 NOTICE of Appearance by attorney William Elliot Weiner on behalf of Defendant Tesla Motors Inc. (Weiner, William) |
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Filing 63
ORDER OF USCA (19-35637) as to #42 Notice of Appeal filed by Tesla Motors Inc. (CDA)
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Filing 62
ORDER denying Plaintiff's #47 Motion for Relief from the Court's Order Granting Partial Arbitration. Signed by Judge Marsha J. Pechman. (TH)
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| Filing 61 DECLARATION of Gal Gressel re #60 Response (non motion), by Defendant Tesla Motors Inc (Attachments: #1 Exhibit A, #2 Exhibit B)(Sands, Darin) |
| Filing 60 RESPONSE by Defendant Tesla Motors Inc re #59 Supplement, #47 MOTION for Relief RULE 60(B)(2)(3)(6)from the Order ECF #40 , granting partial arbitration & request for indicative ruling under 62.1, based on Plaintiff's first 180 days case status update of arbitration per the Court's request (Sands, Darin) |
| Filing 59 SUPPLEMENT re #47 MOTION for Relief RULE 60(B)(2)(3)(6)from the Order ECF #40 , granting partial arbitration & request for indicative ruling under 62.1, based on Plaintiff's first 180 days case status update of arbitration per the Court's request Due to New Critical Developments that may affect the motion for indicative ruling and sanctions requested by Plaintiff Cristina Balan (Attachments: #1 Exhibit Exhibits 1 to 4)(Balan, Cristina) |
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Filing 58
ORDER re #56 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Gal Gressel for Tesla Motors Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). Local counsel maintains an office in the WDWA**(DS)
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Filing 57
ORDER re #55 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Babak G. Yousefzadeh for Tesla Motors Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).**Local counsel maintains an office in the WDWA**(CDA)
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| Filing 56 APPLICATION OF ATTORNEY Gal Gressel FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Tesla Motors Inc (Fee Paid) Receipt No. AWAWDC-6128913 (Sands, Darin) |
| Filing 55 APPLICATION OF ATTORNEY Babak Yousefzadeh FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Tesla Motors Inc (Fee Paid) Receipt No. AWAWDC-6128689 (Sands, Darin) |
| Filing 54 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Matthew C Lewis and Leila S Narvid for Defendant Tesla Motors Inc. (Sands, Darin) |
| Filing 53 REPLY, filed by Plaintiff Cristina Balan, TO RESPONSE to #47 MOTION for Relief RULE 60(B)(2)(3)(6)from the Order ECF #40 , granting partial arbitration & request for indicative ruling under 62.1, based on Plaintiff's first 180 days case status update of arbitration per the Court's request (Attachments: #1 Exhibit Exhibits 1 to 17)(Balan, Cristina) |
| Filing 52 DECLARATION of Matthew C. Balan filed by Defendant Tesla Motors Inc re #47 MOTION for Relief RULE 60(B)(2)(3)(6)from the Order ECF #40 , granting partial arbitration & request for indicative ruling under 62.1, based on Plaintiff's first 180 days case status update of arbitration per the Court's request (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Sands, Darin) |
| Filing 51 RESPONSE, by Defendant Tesla Motors Inc, to #47 MOTION for Relief RULE 60(B)(2)(3)(6)from the Order ECF #40 , granting partial arbitration & request for indicative ruling under 62.1, based on Plaintiff's first 180 days case status update of arbitration per the Court's request. (Sands, Darin) |
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Filing 50
ORDER re #48 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Leila S Narvid for defendant Tesla Motors Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Noting Date Reset re LCR 7(d)(3) and per direction of chambers: Plaintiff's #47 MOTION for Relief RULE 60(B)(2)(3)(6)from the Order ECF #40 , granting partial arbitration & request for indicative ruling under 62.1, based on Plaintiff's first 180 days case status update of arbitration per the Court's request: Noting Date 1/24/2020. (PM) |
| Filing 49 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Rodney B Sorensen for Defendant Tesla Motors Inc. (Sands, Darin) |
| Filing 48 APPLICATION OF ATTORNEY Leila S. Narvid FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Tesla Motors Inc (Fee Paid) Receipt No. 0981-6076428 (Sands, Darin) Local counsel maintains an office in both Seattle, WA and Portland, OR on 1/8/2020 (DS). |
| Filing 47 MOTION for Relief RULE 60(B)(2)(3)(6) from the Order ECF #40 , granting partial arbitration & request for indicative ruling under 62.1, based on Plaintiff's first 180 days case status update of arbitration per the Court's request, filed by Plaintiff Cristina Balan. (Attachments: #1 Exhibit) Noting Date 1/7/2020 1/24/2020 , (Balan, Cristina) Modified on 1/8/2020 to remove excessive capitalization and renote. (PM). |
| ***Motion terminated: #46 MOTION for Relief RULE 60(B)(2)(3) and (6), FROM THE ORDER GRANTING IN PART ARBITRATION & REQUEST FOR INDICATIVE RULING UNDER RULE 62.1 AND FRAP 12.1, BASED ON PLAINTIFFS FIRST 180 DAYS CASE STATUS UPDATE OF ARBITRATION PER THE COURTS ORDER FROM J filed by Cristina Balan. Per filer, filed incorrectly. Re-filed as document #47 . (STP) |
| Filing 46 DISREGARD ENTRY filer re-filed corrected motion #47 MOTION for Relief RULE 60(B)(2)(3) and (6), FROM THE ORDER GRANTING IN PART ARBITRATION & REQUEST FOR INDICATIVE RULING UNDER RULE 62.1 AND FRAP 12.1, BASED ON PLAINTIFFS FIRST 180 DAYS CASE STATUS UPDATE OF ARBITRATION PER THE COURTS ORDER FROM JUNE 27, 2019, filed by Plaintiff Cristina Balan. (Attachments: #1 Exhibit) Noting Date 1/6/2020, (Balan, Cristina) Modified on 1/7/2020 (STP). |
| Filing 45 TRANSCRIPT REQUEST (19-35637) by Defendant Tesla Motors Inc for proceedings held on 06/19/2019, re #41 Notice of Filing of Official Transcript,,,. Requesting Attorney: Darin M Sands. (Sands, Darin) |
| Filing 44 TIME SCHEDULE ORDER ( #19-35637) as to #42 Notice of Appeal filed by Tesla Motors Inc (CDA) |
| Filing 43 REPRESENTATION STATEMENT, by Defendant Tesla Motors Inc, (re: #42 Notice of Appeal.) (Sands, Darin) |
| Filing 42 NOTICE OF APPEAL to Ninth Circuit (19-35637) re #40 Order on Motion to Compel,, Case Stayed, by Defendant Tesla Motors Inc. $505, receipt number 0981-5864259. (cc: USCA) (Sands, Darin) Modified on 7/30/2019 add CCA # (CDA). |
| Filing 41 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion to Compel Arbitration held on 6/19/2019 before Judge Marsha J. Pechman.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 9/26/2019, (DZ) |
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Filing 40
ORDER granting in part and denying in part Defendant's #17 Motion to Compel Arbitration. This matter is stayed until the conclusion of the arbitration by written decision of the arbitrator. The Parties are to notify the Court within 10 days of the decision. The Parties will also advise the Court every 180 days of the state of the arbitration. Signed by Judge Marsha J. Pechman. (PM)
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| Filing 39 MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Rhonda Miller; Pla Counsel: Pro Se; Def Counsel: Rodney Sorensen CR: Debbie Zurn; Motion Hearing held on 6/19/2019 #17 MOTION to Compel Arbitration filed by Tesla Motors Inc. Oral argument presented. Court will issue written opinion. (RM) |
| Filing 38 NOTICE OF RESCHEDULED HEARING TIME - The hearing time has been changed: ORAL ARGUMENT/Motion Hearing set for 6/19/2019 at 2:45 PM in Courtroom 14206 before Judge Marsha J. Pechman. Each side is allowed 20 minutes for argument, including rebuttal. (RM) |
| Filing 37 NOTICE of Hearing #17 MOTION to Compel Arbitration : ORAL ARGUMENT/Motion Hearing set for 6/19/2019 at 10:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. Each side is allowed 20 minutes for argument, including rebuttal. (RM) |
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Filing 36
MINUTE ORDER striking as moot Plaintiff's #12 #14 Motions for Sanctions. Authorized by Judge Marsha J. Pechman. (PM)
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| Filing 35 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of status conference held on 5/1/2019 before Judge Marsha J. Pechman.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nancy Bauer, nancy_bauer@wawd.uscourts.gov, 206-370-8506. Release of Transcript Restriction set for 8/14/2019, (NB) |
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Filing 34
MINUTE ORDER re: Plaintiff's #12 #14 Motions for Sanctions. Having received the Defendant's Initial Disclosures and the Parties' updated Joint Status Report, unless the Court hears from Plaintiff within eight (8) days of this Order, Plaintiff's Motions for Sanctions (Dkt. Nos. #12 , #14 ) will be stricken as moot. Authorized by Judge Marsha J. Pechman. (PM)
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Filing 33
ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *2-4 DAY* - Jury Trial is set for 4/27/2020 at 09:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. Joinder of Parties due by 6/11/2019, Amended Pleadings due by 6/21/2019, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 9/30/2019, Motions due by 10/30/2019, Discovery completed by 11/29/2019, Dispositive motions due by 12/30/2019, Motions in Limine due by 3/23/2020, Pretrial Order due by 4/15/2020, Trial briefs to be submitted by 4/15/2020, Proposed voir dire/jury instructions due by 4/15/2020, Pretrial Conference set for 4/17/2020 at 01:30 PM in Courtroom 14206 before Judge Marsha J. Pechman. (RM)
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| Filing 32 NOTICE striking telephone conference set for 5/14/2019. (RM) |
| Filing 31 REPLY, filed by Defendant Tesla Motors Inc, TO RESPONSE to #17 MOTION to Compel Arbitration (Sands, Darin) |
| Filing 30 NOTICE of Hearing: Telephone Conference set for 5/14/2019 at 10:00 AM before Judge Marsha J. Pechman.(RM) |
| Filing 29 DECLARATION of Cristina Balan filed by Plaintiff Cristina Balan re #17 MOTION to Compel Arbitration (Balan, Cristina) |
| Filing 28 RESPONSE, by Plaintiff Cristina Balan, to #17 MOTION to Compel Arbitration. Oral Argument Requested. (Attachments: #1 Exhibit)(Balan, Cristina) |
| Filing 27 JOINT STATUS REPORT signed by all parties estimated Trial Days: 2 - 4 days. (Sands, Darin) |
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Filing 26
MINUTE ORDER: An updated Joint Status Report is due no later than 5/3/2019. Defendant will provide the Court with an amended initial disclosure report no later than 5/8/2019. The Court will not rule on any motions until it reviews the outcome of the Joint Status Report and Defendant's initial disclosures. Authorized by Judge Marsha J. Pechman. (RM)
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| Filing 25 MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Rhonda Miller; Pla Counsel: Pro Se; Def Counsel: Darin Sands; CR: Nancy Bauer; Status Conference held on 5/1/2019. An updated Joint Status Report is due no later than 5/3/2019. Defendant will provide the Court with an amended initial disclosure report no later than 5/8/2019. (RM) |
| Noting Date Reset re Plaintiff's #14 Second MOTION for Sanctions: Noting Date 5/3/2019, per LCR 7(d)(3). (PM) |
| Filing 24 DECLARATION of Darin M. Sands filed by Defendant Tesla Motors Inc re #14 Second MOTION for Sanctions for Forging Plaintiff Sgnature on the Joint Status Report, missing the second deadline, misleading the court and lack of good faith and cooperation (Sands, Darin) |
| Filing 23 DECLARATION of Matthew C. Lewis filed by Defendant Tesla Motors Inc re #14 Second MOTION for Sanctions for Forging Plaintiff Sgnature on the Joint Status Report, missing the second deadline, misleading the court and lack of good faith and cooperation (Attachments: #1 Exhibit A)(Sands, Darin) |
| Filing 22 RESPONSE, by Defendant Tesla Motors Inc, to #14 Second MOTION for Sanctions for Forging Plaintiff Sgnature on the Joint Status Report, missing the second deadline, misleading the court and lack of good faith and cooperation. (Sands, Darin) |
| Set Hearings: Status Conference set for 5/1/2019 at 11:00 AM before Judge Marsha J. Pechman. (LW) |
| Filing 21 REPLY, filed by Plaintiff Cristina Balan, TO RESPONSE to #12 Proposed MOTION for Sanctions for Failure to Make Disclosures and Cooperate in Good Faith in Discovery (Balan, Cristina) |
| Filing 20 REQUEST for Judicial Notice by Defendant Tesla Motors Inc for Judicial Notice re #17 MOTION to Compel Arbitration (Attachments: #1 Exhibit A-C)(Sands, Darin) |
| Filing 19 DECLARATION of Matthew C. Lewis filed by Defendant Tesla Motors Inc re #17 MOTION to Compel Arbitration (Sands, Darin) |
| Filing 18 DECLARATION of Nicole White filed by Defendant Tesla Motors Inc re #17 MOTION to Compel Arbitration (Sands, Darin) |
| Filing 17 MOTION to Compel Arbitration, filed by Defendant Tesla Motors Inc. Oral Argument Requested. Noting Date 5/10/2019, (Sands, Darin) |
| Filing 16 DECLARATION of Matthew C. Lewis filed by Defendant Tesla Motors Inc re #12 Proposed MOTION for Sanctions for Failure to Make Disclosures and Cooperate in Good Faith in Discovery (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sands, Darin) |
| Filing 15 RESPONSE, by Defendant Tesla Motors Inc, to #12 Proposed MOTION for Sanctions for Failure to Make Disclosures and Cooperate in Good Faith in Discovery. (Sands, Darin) |
| Filing 14 Second MOTION for Sanctions for Forging Plaintiff Sgnature on the Joint Status Report, missing the second deadline, misleading the court and lack of good faith and cooperation, filed by Plaintiff Cristina Balan. Noting Date 4/26/2019, (Balan, Cristina) |
| Filing 13 JOINT STATUS REPORT signed by all parties (Sands, Darin) |
| Filing 12 Proposed MOTION for Sanctions for Failure to Make Disclosures and Cooperate in Good Faith in Discovery, filed by Plaintiff Cristina Balan. Oral Argument Requested. Noting Date 4/1/2019 4/19/2019, (Balan, Cristina) Modified on 4/1/2019 to strike through the word "Proposed" and noting date of 4/1/2019(PM). |
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Filing 11
MINUTE ORDER: The parties have not complied with the order directing that a joint status report be filed by 3/27/2019. The time for filing the report is hereby extended to 4/11/2019. If the report is not filed by that time, sanctions may be ordered. Sanctions may include dismissal of the action without prejudice. Authorized by Judge Marsha J. Pechman. (RM)
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| Noting Date Reset re Plaintiff's #12 Proposed MOTION for Sanctions for Failure to Make Disclosures and Cooperate in Good Faith in Discovery: Noting Date 4/19/2019, per direction of chambers. (PM) |
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Filing 10
ORDER re #8 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Rodney B Sorensen for defendant Tesla Motors Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 9
ORDER re #7 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Matthew C Lewis for Defendant Tesla Motors Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Filing 8 APPLICATION OF ATTORNEY Rodney B. Sorensen FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Tesla Motors Inc (Fee Paid) Receipt No. 0981-5651812 (Sands, Darin) |
| Filing 7 APPLICATION OF ATTORNEY Matthew C. Lewis FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Tesla Motors Inc (Fee Paid) Receipt No. 0981-5651808 (Sands, Darin) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Tesla Motors Inc (Sands, Darin) |
| Filing 5 ANSWER to #1 Complaint with JURY DEMAND Attorney Darin M Sands added to party Tesla Motors Inc(pty:dft) by Tesla Motors Inc.(Sands, Darin) |
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Filing 4
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 3/27/2019, FRCP 26f Conference Deadline is 3/13/2019, Initial Disclosure Deadline is 3/20/2019, by Judge Marsha J. Pechman. (RM)
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| Filing 3 AFFIDAVIT of Service of Summons and Complaint on TESLA MOTORS INC on 1/24/2019, filed by Plaintiff Cristina Balan. (Balan, Cristina) |
| Filing 2 NOTICE: Plaintiff Cristina Balan has registered to electronically file and receive electronic service in this case. (PS) |
| Filing 1 COMPLAINT, filed by Cristina Balan against defendant(s) Tesla Motors Inc with JURY DEMAND (Summons(es) issued) (Receipt # SEA094286) (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(ST) |
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