Wang et al v. Tesla, Inc.
| Wai-Leung Chan and Jing Wang |
| Tesla, Inc. |
| 1:2020cv03040 |
| July 8, 2020 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Nicholas G Garaufis |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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ORDER re: Defendant's #16 Motion to Dismiss for Failure to State a Claim. Motion terminated, docketed prematurely pursuant to the court's Individual Rule III.B.1. Defendant must serve its response to Plaintiff's Amended Complaint by September 21, 2020. If Defendant timely serves a motion to dismiss, Plaintiff is DIRECTED to serve its opposition by October 12, 2020, and Defendant is DIRECTED to serve its reply and file the fully briefed motion by October 26, 2020. So Ordered by Judge Nicholas G. Garaufis on 9/2/2020.` (Lee, Tiffeny)
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| Filing 18 AMENDED COMPLAINT against Tesla, Inc., filed by Wai-Leung Chan. (Niehaus, Stephanie) |
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ORDER re: Defendant's #13 Application for a Pre-Motion Conference. Defendant's Application is DENIED. Plaintiff is DIRECTED to serve its opposition to Defendant's Motion to Dismiss #16 by September 7, 2020, and Defendant is DIRECTED to serve its reply, and file the fully briefed motion, by September 21, 2020. Ordered by Judge Nicholas G. Garaufis on 8/11/2020 (Freund, Zachary)
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| Filing 17 ANSWER to #2 Complaint by Tesla, Inc.. (Fazio, Peter) |
| Filing 16 First MOTION to Dismiss for Failure to State a Claim Partial Motion to Dismiss Pursuant to Rule 12(b)(6), First MOTION to Strike #2 Complaint Paragraphs 13, 14, 16, 17, 18 and 19 of the Fact section of the Complaint by Tesla, Inc.. (Attachments: #1 Memorandum in Support In Support Pre-Answer Motion to Dismiss and Strike, #2 Exhibit Exhibit A Owner's Manual) (Fazio, Peter) |
| Filing 15 Corporate Disclosure Statement by Tesla, Inc. (Fazio, Peter) |
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Filing 14
SCHEDULING ORDER: An initial/telephone conference will be held at 12:00 PM on 10/16/2020 before Magistrate Judge Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the 12:00 PM conference. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 10/16/2020. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case.Ordered by Magistrate Judge Sanket J. Bulsara on 8/3/2020. (Manson, Eddie)
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ORDER: The motion for extension of time to answer portion of the motion at Dkt. No. #13 is granted. Defendant Tesla, Inc. shall file an answer or otherwise respond to the Complaint by 8/13/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/3/2020. (Ferrara, Anthony)
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| Filing 13 MOTION for Extension of Time to File Answer , MOTION for Pre Motion Conference by Tesla, Inc.. (Fazio, Peter) Modified to correct event and descriptive text from motion to dismiss to motion for premotion conference on 8/3/2020 (Lee, Tiffeny). |
| Filing 12 NOTICE of Appearance by Stephanie Elizabeth Niehaus on behalf of All Plaintiffs (aty to be noticed) (Niehaus, Stephanie) |
| Filing 11 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 10 Case transferred in from District of New York Southern; Case Number 1:20-cv-04218. Original file certified copy of transfer order and docket sheet received. |
| The case of Wang et al v. Tesla, Inc., has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 20cv3040. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(ks) [Transferred from New York Southern on 7/8/2020.] |
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Filing 9
ORDER granting #7 Motion to Transfer Case. On June 24, 2020, Plaintiffs Jing Wang and Wai-Leung Chan moved the Court to transfer this case to the Eastern District of New York. Dkt. No. 7. They represent that EDNY "is an appropriate venue because substantial part of the events or omissions giving rise to Plaintiffs' claims occurred in" that district. Id. Defendant Tesla, Inc. does not oppose the motion. Id. 28 U.S.C. 1404(a) provides that "[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." Here, the parties "have consented" to transfer this case to EDNY, id., and the Court thus concludes that transfer is appropriate. See, e.g., Pager v. Metro. Edison, No. 16-cv-161 (KAM), 2017 WL 11195551, at *1 (E.D.N.Y. May 19, 2017). The Clerk of Court is therefore respectfully ordered to transfer this case to the Eastern District of New York. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/29/2020) (ks) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 7/8/2020.]
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on Friday, September 4, 2020 at 3:45 PM in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) (Initial Conference set for 9/4/2020 at 03:45 PM in Courtroom 906, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan). (Signed by Judge Alison J. Nathan on 6/25/2020) (rjm) [Transferred from New York Southern on 7/8/2020.]
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| Filing 7 MOTION to Transfer Case . Document filed by Wai-Leung Chan, Jing Wang..(Nelson, Michael) [Transferred from New York Southern on 7/8/2020.] |
| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Tesla, Inc. waiver sent on 6/24/2020, answer due 8/24/2020. Document filed by Jing Wang; Wai-Leung Chan..(Nelson, Michael) [Transferred from New York Southern on 7/8/2020.] |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Tesla, Inc...(pne) [Transferred from New York Southern on 7/8/2020.] |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to TESLA, INC., re: #2 Complaint. Document filed by Wai-Leung Chan, Jing Wang..(Nelson, Michael) [Transferred from New York Southern on 7/8/2020.] |
| Filing 3 CIVIL COVER SHEET filed..(Nelson, Michael) [Transferred from New York Southern on 7/8/2020.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne) [Transferred from New York Southern on 7/8/2020.] |
| Case Designated ECF. (pne) [Transferred from New York Southern on 7/8/2020.] |
| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) [Transferred from New York Southern on 7/8/2020.] |
| ***NOTICE TO ATTORNEY TO RE-FILE CIVIL COVER SHEET. Notice to Attorney Michael Richard Nelson. Attorney must re-file the Civil Cover Sheet using the event type Civil Cover Sheet found under the event list Other Documents. (pne) [Transferred from New York Southern on 7/8/2020.] |
| Filing 2 COMPLAINT against Tesla, Inc.. Document filed by Jing Wang, Wai-Leung Chan..(Nelson, Michael) [Transferred from New York Southern on 7/8/2020.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Richard Nelson to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the PDF must indicate what type of document is being filed; the word COMPLAINT must be entered on the first page. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the corrected PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. **DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS** Initial Pleading due by 6/9/2020. (pne) [Transferred from New York Southern on 7/8/2020.] |
| Filing 1 FILING ERROR - PDF ERROR -COMPLAINT against Tesla, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-20092428)Document filed by Wai-Leung Chan. (Attachments: #1 Notice of Appearance, #2 Civil Cover Sheet Civil Cover Sheet).(Nelson, Michael) Modified on 6/4/2020 (pne). [Transferred from New York Southern on 7/8/2020.] |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Michael Richard Nelson to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 6/8/2020. (pne) [Transferred from New York Southern on 7/8/2020.] |
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