Austin v. Tesla Motors, Inc.
| George Jarvis Austin |
| Tesla Motors, Inc. |
| 3:2023cv00067 |
| January 6, 2023 |
| US District Court for the Northern District of California |
| Alex G Tse |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 1981 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 21, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 Letter from George Jarvis Austin (Amending Prior to Service Deadline) . (Austin, George) (Filed on 3/3/2023) |
| Filing 14 NOTICE of Change of Address by George Jarvis Austin Going forward only send to primary (listed in document) going forward to avoid any issues. Thank you. (Austin, George) (Filed on 1/30/2023) |
| Filing 13 RESPONSE re #12 Mail Returned RECEIVED mail sent to primary address (to avoid any issues going forward direct all to that address) - Thank you. by George Jarvis Austin. (Austin, George) (Filed on 1/30/2023) |
| Filing 12 Mail sent to George Jarvis Austin returned as undeliverable re #7 Order Reassigning Case. (dhm, COURT STAFF) (Filed on 1/30/2023) |
| Filing 11 Summons Issued as to Tesla Motors, Inc. (gba, COURT STAFF) (Filed on 1/26/2023) |
| Filing 10 Proposed Summons. (Attachments: #1 Summons with a date included (in case easier) Primary has no date in case Clerk would prefer to date at same time as signature.)(Austin, George) (Filed on 1/25/2023) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by George Jarvis Austin.. (Austin, George) (Filed on 1/24/2023) |
| Filing 8 STATUS REPORT & RESPONSE TO REASSIGNMENT ORDER WITH NOTE OF PARTICULARLY RACIST, DISCRIMINATORY, AND EGREGIOUS DEFENDANT CONDUCT toward Mr. Austin. Teslas behavior is not just illegal, but so egregious its analogy fits most easily to the over 100 year old conduct described above with regard to Ms. Lela Huston in Hutson v. Owl Drug Company which was already illegal under California law, in Los Angeles, in 1926. see e.g. Hutson v. Owl Drug Company, 79 Cal.App. 390, 391-92 (Cal. Ct. App. 1926)(Tucker remarked in a loud voice: "What did you serve the nigger for? I wouldn't have served her; she could have set there until tomorrow [and still wouldnt get served]" - Los Angeles, 1926) Tesla's combination of deprivation of rights on its face is analogous to facially discriminatory pay structure which explicitly demonstrates, and is universally understood as, intentional discrimination (disparate treatment). See also e.g. Lindroos v. Bernhardt, No. 20-cv-06897-EMC, at *1 (N.D. Cal. June 7, 2021) (when an employer adopts a facially discriminatory pay structure that puts some employees on a lower scale because of race, the employer engages in intentional discrimination whenever it issues a check (or refuses to timely provide labor rights, or mandated personnel information as part of those rights) to one of these disfavored employees. An employer that adopts and intentionally retains such a pay structure can surely be regarded as intending to discriminate on the basis of race.). Tesla's violations are overt, intentional, and with cruel disregard; Mr. Austin shall amend before service of process on them. by George Jarvis Austin. (Austin, George) (Filed on 1/11/2023) |
Filing 7
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Magistrate Judge Alex G. Tse for all further proceedings re #5 Order Reassigning to San Francisco or Oakland Division. Magistrate Judge Nathanael M. Cousins no longer assigned to case. Reassignment Order signed by Clerk on 1/11/2023. Signed by Judge Clerk on 1/11/2023. (bw, COURT STAFF) (Filed on 1/11/2023)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 6 RESPONSE re #5 Order Reassigning Case, #4 Response to Order to Show Cause, as previously stated (Plaintiff, Mr. Austin) Agrees and Consents to Transfer/Reassignment per Local Rule 3-2(c) [Oakland or S.F.] and General Order 44 (as events arose in Tesla's Fremont Factory and looks forward to new respective Magistrate Judge); However, Mr. Austin alerts the Court of their Omission(s), in the reassignment/transfer order, regarding 4 of 5 causes of action Mr. Austin pleads with overwhelming direct evidence (with additional support from over 35 witnesses, sworn public affidavits by over 100 workers, etc.)).See e.g. Cal. Evid. Code 410 (Section 410 - "Direct evidence" As used in this chapter, "direct evidence" means evidence that directly proves a fact, without an inference or presumption, and which in itself, if true, conclusively establishes that fact.) See e.g CACI No. 202. Direct and Indirect Evidence Judicial Council of California Civil Jury Instructions (2022 edition) (Evidence can come in many forms. It can be testimony about what someone saw or heard or smelled. It can be an exhibit admitted into evidence) As a quick reminder: Mr. Austin pleads overwhelming direct evidence of 1. Federal and California Labor Code Violations, 2. Intentional Discrimination (Racial stereotypical epithet for Black man as proxy for Race) in violation of Federal and California anti-discrimination laws, 3. Bad Faith, 4. Deceit, and 5. Negligence (Gross and Per Se). by George Jarvis Austin. (Austin, George) (Filed on 1/10/2023) |
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Filing 5
ORDER REASSIGNING CASE TO SAN FRANCISCO OR OAKLAND DIVISION. Signed by Judge Nathanael M. Cousins on 1/10/2023. (lmh, COURT STAFF) (Filed on 1/10/2023)
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| Filing 4 RESPONSE TO ORDER TO SHOW CAUSE by George Jarvis Austin (Plaintiff, Mr. Austin) Agrees and Consents to Transfer/Reassignment per Local Rule 3-2(c) [Oakland or S.F.] and General Order 44 (as events arose in Tesla's Fremont Factory). (Austin, George) (Filed on 1/10/2023) |
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Filing 3
ORDER TO SHOW CAUSE as to why this case should not be transferred to the Oakland Division. Plaintiff must show cause in writing by 1/24/2023. Signed by Judge Nathanael M. Cousins on 1/10/2023. (lmh, COURT STAFF) (Filed on 1/10/2023)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 2 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 4/5/2023. Initial Case Management Conference set for 4/12/2023 at 10:00 AM in San Jose, Courtroom 5, 4th Floor. (wsn, COURT STAFF) (Filed on 1/6/2023)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 1 COMPLAINT against Tesla Motors, Inc. (Filing fee $ 402, receipt 54611018937). Filed by George Jarvis Austin. Consent/Declination due by 1/20/2023. (Attachments: #1 Civil Cover Sheet, #2 Receipt)(wsn, COURT STAFF) (Filed on 1/6/2023) |
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| Plaintiff: George Jarvis Austin | |
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| Defendant: Tesla Motors, Inc. | |
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