United States Securities and Exchange Commission v. Musk Featured Case

The US Securities and Exchange Commission has filed a lawsuit against Tesla CEO Elon Musk seeking to bar him from serving as an executive or director of publicly traded companies. This comes in response to tweet by Musk on August 7, 2018, in which he said he had "funding secured" to convert Tesla into a private company.

Plaintiff: United States Securities and Exchange Commission
Defendant: Elon Musk
Case Number: 1:2018cv08865
Filed: September 27, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Alison J Nathan
Nature of Suit: Securities/Commodities
Cause of Action: 12:22
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 13, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 16, 2018 Opinion or Order Filing 14 FINAL JUDGMENT AS TO DEFENDANT ELON MUSK: The Securities and Exchange Commission having filed a Complaint and Defendant Elon Musk having entered a general appearance; consented to the Court's jurisdiction over Defendant in this matter only and the subject matter of this action; consented to entry of this Final Judgment without admitting or denying the allegations of the Complaint (except as to jurisdiction and except as otherwise provided herein in paragraph III); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act") [15 US.C. § 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. § 240.10b-5], by using any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange, in connection with the purchase or sale of any security; as set forth herein. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant shall pay a civil penalty in the amount of $20,000,000 to the Securities and Exchange Commission pursuant to Section 21(d)(3) of the Exchange Act [15 U.S. C. § 78u(d)(3)]. Defendant shall make this payment within 14 days after entry of this Final Judgment. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment. (Signed by Judge Alison J. Nathan on 10/16/2018) (mro)
October 11, 2018 Filing 13 JOINT BRIEF re: 6 CONSENT MOTION for Judgment According to the Parties' Settlement. . Document filed by United States Securities and Exchange Commission.(Crumpton, Cheryl)
October 6, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Amanda M. MacDonald to Appear Pro Hac Vice on behalf of Elon Musk. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
October 6, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Steven M. Farina to Appear Pro Hac Vice on behalf of Elon Musk. Filing fee $ 200.00, receipt number 0208-15667351. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
October 6, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 11 MOTION for Steven M. Farina to Appear Pro Hac Vice on behalf of Elon Musk. Filing fee $ 200.00, receipt number 0208-15667351. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
October 6, 2018 Filing 12 MOTION for Amanda M. MacDonald to Appear Pro Hac Vice on behalf of Elon Musk. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elon Musk. (Attachments: # 1 Affidavit Of Amanda M. MacDonald In Support Of Motion To Appear Pro Hac Vice, # 2 Exhibit 1 - DC Certificate of Good Standing, # 3 Exhibit 2 - Illinois Certificate of Good Standing, # 4 Text of Proposed Order To Appear Pro Hac Vice)(MacDonald, Amanda)
October 5, 2018 Filing 11 MOTION for Steven M. Farina to Appear Pro Hac Vice on behalf of Elon Musk. Filing fee $ 200.00, receipt number 0208-15667351. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elon Musk. (Attachments: # 1 Affidavit Of Steven M. Farina In Support Of Motion To Appear Pro Hac Vice, # 2 Exhibit DC Certificate Of Good Standing, # 3 Text of Proposed Order To Appear Pro Hac Vice)(Farina, Steven)
October 5, 2018 Filing 10 NOTICE OF APPEARANCE by Dane Hal Butswinkas on behalf of Elon Musk. (Butswinkas, Dane)
October 4, 2018 Opinion or Order Filing 9 ORDER: No later than October 11, 2018, the parties shall file a joint letter not to exceed ten pages double-spaced, explaining why the Court should approve the proposed consent judgment. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 10/4/2018) (cf)
October 2, 2018 Opinion or Order Filing 8 ORDER granting 5 Motion for E. Barrett Atwood to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison)
October 2, 2018 Opinion or Order Filing 7 ORDER granting 3 Motion for Cheryl L. Crumpton to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison)
September 28, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for E. Barrett Atwood to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
September 28, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 5 MOTION for E. Barrett Atwood to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
September 28, 2018 Filing 5 MOTION for E. Barrett Atwood to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United States Securities and Exchange Commission. (Attachments: # 1 Affidavit of E. Barrett Atwood, # 2 Exhibit Good Standing Certificate (CA), # 3 Exhibit Good Standing Certificate (DC), # 4 Text of Proposed Order Granting Pro Hac Vice of E. Barrett Atwood)(Atwood, Edward)
September 28, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #3 MOTION for Cheryl L. Crumpton to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
September 28, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 3 MOTION for Cheryl L. Crumpton to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
September 28, 2018 Filing 3 MOTION for Cheryl L. Crumpton to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United States Securities and Exchange Commission. (Attachments: # 1 Affidavit of Cheryl L. Crumpton in Support of Motion to Appear Pro Hac Vice, # 2 Exhibit 1- DC Certificate of Good Standing, # 3 Exhibit 2- Texas Certificate of Good Standing, # 4 Text of Proposed Order to Appear Pro Hac Vice)(Crumpton, Cheryl)
September 28, 2018 Magistrate Judge Gabriel W. Gorenstein 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: #http://nysd.uscourts.gov/forms.php. (laq)
September 28, 2018 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 #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (laq)
September 28, 2018 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 http://nysd.uscourts.gov/judges/District. 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 http://nysd.uscourts.gov/ecf_filing.php. (laq)
September 28, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jina Choi. The following case opening statistical information was erroneously selected/entered: Cause of Action code 12:12; Jury Demand code n (None); County code New York; Fee Status code pd (paid);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:0078; the Jury Demand code has been modified to p (Plaintiff); the County code has been modified to XX Out of State; the Fee Status code has been modified to wv (waived). (laq)
September 27, 2018 Filing 2 CIVIL COVER SHEET filed. (Choi, Jina)
September 27, 2018 Filing 1 COMPLAINT against Elon Musk. Document filed by United States Securities and Exchange Commission.(Choi, Jina)

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Plaintiff: United States Securities and Exchange Commission
Represented By: Jina Lee Choi
Represented By: Edward Barrett Atwood
Represented By: Cheryl L. Crumpton
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Defendant: Elon Musk
Represented By: Dane Hal Butswinkas
Represented By: Steven M.. Farina
Represented By: Amanda M. MacDonald
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