Johnson v. Musk et al
| Keith Johnson, James Duong, Fernando Uriza, Jessica Calkins and Michael Twomey |
| Elon Musk, Space Exploration Technologies Corp dba SpaceX, Tesla, Inc., Space Exploration Technologies Corp. doing business as SpaceX, The Boring Company, Dogecoin Foundation, Inc., Billy Markus, Jackson Palmer, Dogecoin Developers, Ross Nicholl, Doge Army and Matt Wallace |
| Santos A Perez |
| Colby Gorog, Joshua Flint, Louis Robinson and Michael Lerro |
| 1:2022cv05037 |
| June 16, 2022 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1453 Class Action Fairness Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 98 MEMORANDUM OF LAW in Support re: #97 CROSS MOTION to Amend/Correct #77 Amended Complaint,,,,,,,, . . Document filed by Joshua Flint, Colby Gorog, Michael Lerro, Louis Robinson. (Attachments: #1 Exhibit A - Proposed Fourth Amended Complaint).(Spencer, Evan) |
| Filing 97 CROSS MOTION to Amend/Correct #77 Amended Complaint,,,,,,,, . Document filed by Joshua Flint, Colby Gorog, Michael Lerro, Louis Robinson. Return Date set for 9/20/2023 at 02:00 PM..(Spencer, Evan) |
| Filing 96 MEMORANDUM OF LAW in Opposition re: #94 MOTION to Dismiss Plaintiffs' Third Amended Complaint. . Document filed by Joshua Flint, Colby Gorog, Michael Lerro, Louis Robinson..(Spencer, Evan) |
| Filing 95 MEMORANDUM OF LAW in Support re: #94 MOTION to Dismiss Plaintiffs' Third Amended Complaint. . Document filed by Elon Musk, Tesla, Inc...(Spiro, Alex) |
| Filing 94 MOTION to Dismiss Plaintiffs' Third Amended Complaint. Document filed by Elon Musk, Tesla, Inc...(Spiro, Alex) |
| Filing 93 DECLARATION of Alex Spiro in Support re: #86 MOTION for Sanctions .. Document filed by Elon Musk, Tesla, Inc.. (Attachments: #1 Exhibit A July 14 Letter from Spencer, #2 Exhibit B Redline of Rule 11 Motion).(Spiro, Alex) |
| Filing 92 REPLY MEMORANDUM OF LAW in Support re: #86 MOTION for Sanctions . . Document filed by Elon Musk, Tesla, Inc...(Spiro, Alex) |
| Filing 91 MEMORANDUM OF LAW in Opposition re: #86 MOTION for Sanctions . . Document filed by Joshua Flint, Colby Gorog, Michael Lerro, Louis Robinson..(Spencer, Evan) |
| Filing 90 DECLARATION of Suk Patel in Support re: #86 MOTION for Sanctions .. Document filed by Elon Musk, Tesla, Inc...(Spiro, Alex) |
| Filing 89 DECLARATION of Jared Birchall in Support re: #86 MOTION for Sanctions .. Document filed by Elon Musk, Tesla, Inc...(Spiro, Alex) |
| Filing 88 DECLARATION of Alex Spiro in Support re: #86 MOTION for Sanctions .. Document filed by Elon Musk, Tesla, Inc.. (Attachments: #1 Exhibit 1 - April 12, 2023 The Block Article, #2 Exhibit 2 - May 23, 2023 Email from Spencer, #3 Exhibit 3 - May 24, 2023 Email from Spencer, #4 Exhibit 4 - June 9, 2023 Letter from Spiro).(Spiro, Alex) |
| Filing 87 MEMORANDUM OF LAW in Support re: #86 MOTION for Sanctions . . Document filed by Elon Musk, Tesla, Inc...(Spiro, Alex) |
| Filing 86 MOTION for Sanctions . Document filed by Elon Musk, Tesla, Inc...(Spiro, Alex) |
| Filing 85 REPLY MEMORANDUM OF LAW in Support re: #82 MOTION to Disqualify Counsel and Sanction. . Document filed by Joshua Flint, Colby Gorog, Michael Lerro, Louis Robinson. (Attachments: #1 Exhibit Declaration of Plaintiffs' Attorney Evan Spencer, #2 Exhibit A - Kosman Bio, #3 Exhibit B - Kosman Article 6.15.23, #4 Exhibit C1 - Notice of Rule 11 Motion, #5 Exhibit C2 - Brief in Support of Rule 11 Motion, #6 Exhibit C3 - Spiro Declaration, #7 Exhibit C4 - Exhibits to Rule 11 Motion, #8 Exhibit C5 - Declaration of Jared Birchall, #9 Exhibit C6 - Declaration of Suk Patel, #10 Exhibit D - Musk Tweet 5.20.22).(Spencer, Evan) |
| Filing 84 MEMORANDUM OF LAW in Opposition re: #82 MOTION to Disqualify Counsel and Sanction. . Document filed by Elon Musk, Tesla, Inc...(Spiro, Alex) |
| Filing 83 MEMORANDUM OF LAW in Support re: #82 MOTION to Disqualify Counsel and Sanction. . Document filed by Joshua Flint, Colby Gorog, Michael Lerro, Louis Robinson. (Attachments: #1 Exhibit A - Spiro Letter, #2 Exhibit B - NY Post Article).(Spencer, Evan) |
| Filing 82 MOTION to Disqualify Counsel and Sanction. Document filed by Joshua Flint, Colby Gorog, Michael Lerro, Louis Robinson. Return Date set for 7/10/2023 at 02:00 PM..(Spencer, Evan) |
Filing 81
ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW APPEARANCE OF COUNSEL granting #80 Motion to Withdraw as Attorney. Adam Gabor Mehes motion pursuant to Local Rule 1.4 for leave to withdraw his appearance as one of the attorneys for Elon Musk and Tesla, Inc., is GRANTED. Attorney Adam Gabor Mehes terminated (Signed by Judge Alvin K. Hellerstein on 6/22/2023) (rro)
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| Filing 80 MOTION for Adam Gabor Mehes to Withdraw as Attorney . Document filed by Elon Musk, Tesla, Inc.. (Attachments: #1 Exhibit Declaration In Support Of Motion For Leave To Withdraw Appearance Of Counsel, #2 Text of Proposed Order Granting Motion for Leave to Withdraw Appearance Of Counsel).(Mehes, Adam) |
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Filing 79
ORDER FOR ADMISSION PRO HAC VICE granting #58 MOTION for Allison Harnack Huebert to Appear Pro Hac Vice. The motion of Allison Huebert for admission to practice Pro Hac Vice in the above captioned action is granted. (Signed by Judge Alvin K. Hellerstein on 6/14/2023) (jca)
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| Filing 78 LETTER addressed to Judge Alvin K. Hellerstein from Sarah H. Concannon dated June 14, 2023 re: status of a pro-hac vice motion submitted on behalf of Allison Huebert. Document filed by Elon Musk, Tesla, Inc...(Concannon, Sarah) |
| Filing 77 THIRD AMENDED COMPLAINT amending #39 Amended Complaint,,,,,,,, against Elon Musk, Tesla, Inc. with JURY DEMAND.Document filed by Colby Gorog, Michael Lerro, Louis Robinson, Joshua Flint. Related document: #39 Amended Complaint,,,,,,,,. (Attachments: #1 Exhibit A - Gorog Certification, #2 Exhibit B - Flint Certification, #3 Exhibit C - Robinson Certification, #4 Exhibit D - Lerro Certification, #5 Exhibit D1 - Lerro Trades, #6 Exhibit E - Twitter Survey, #7 Exhibit F - Musk Tweet 4/2/19, #8 Exhibit G - Musk Tweet 4/2/19, #9 Exhibit H - Musk Tweet 7/17/20, #10 Exhibit I - Musk Tweet 12/20/20, #11 Exhibit J - Musk Tweet 1/28/21, #12 Exhibit K - Miusk Tweet 2/4/21, #13 Exhibit L - Musk Tweet 2/4/21, #14 Exhibit M - Musk Tweet 2/4/21, #15 Exhibit N - Musk Tweet 2/5/21, #16 Exhibit O - Musk Tweet 2/7/21, #17 Exhibit P - Musk Tweet 2/10/21, #18 Exhibit Q - Musk Tweet 2/14/21, #19 Exhibit R - Musk Tweet 2/24/21, #20 Exhibit S - Musk Tweet 3/1/21, #21 Exhibit T - Musk Tweet 6/26/20, #22 Exhibit U - Must Tweet 4/1/21, #23 Exhibit V - Musk Tweet 4/24/21, #24 Exhibit W - Musk Tweet 4/28/21, #25 Exhibit X - Musk Tweet 5/16/21, #26 Exhibit Y - Musk Tweet 5/9/21, #27 Exhibit Z - Musk Tweet 5/13/21, #28 Exhibit AA - Musk Tweet 5/13/21, #29 Exhibit BB - Musk Tweet 5/25/21, #30 Exhibit CC - Musk Tweets 7/1/21, #31 Exhibit DD - Musk Tweet 7/25/21, #32 Exhibit EE - Musk Tweet 10/23/21, #33 Exhibit FF - Musk Tweet 11/23/21, #34 Exhibit GG - Musk Tweet 12/14/21, #35 Exhibit HH - Musk Tweet 3/26/22, #36 Exhibit II - Musk Tweet 4/9/22, #37 Exhibit JJ - Musk Tweet 5/26/22, #38 Exhibit KK - Musk Tweet 5/27/22, #39 Exhibit LL - Musk Tweets 6/19/22, #40 Exhibit MM - Musk Tweet 10/31/22, #41 Exhibit NN - Musk Tweet 11/3/22, #42 Exhibit OO - Musk Tweet 2/12/23, #43 Exhibit PP - Time Article 4/4/23, #44 Exhibit QQ - Musk Tweet 4/3/23, #45 Exhibit RR - Musk Tweet 4/3/23, #46 Exhibit SS - Musk Tweet 10/24/21, #47 Exhibit TT - Musk Tweet 5/20/21, #48 Exhibit UU - Musk Tweet 10/24/21, #49 Exhibit VV - Musk Tweet 2/10/21).(Spencer, Evan) |
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Filing 76
WITHDRAW AL OF DEFENDANTS' OPPOSITION TO MOTION TO FILE THIRD AMENDED COMPLAINT AND JOINT STIPULATION REGARDING BRIEFING SCHEDULE NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to the Court's approval: 1. Plaintiffs shall file the Third Amended Class Action Complaint after this stipulation is So Ordered by the Court. 2. The deadline for Defendants to move to dismiss or otherwise respond to the Third Amended Class Action Complaint is on or before August 7, 2023. 3. Plaintiffs will file opposition to any motion to dismiss on or before September 6, 2023. 4. Defendants will file any reply to Plaintiffs' opposition within 14 days of receipt of Plaintiffs' response. 5. All rights, claims, and defenses, including with respect to personal jurisdiction and venue, arc preserved by all parties. SO ORDERED. (Motions due by 8/7/2023., Responses due by 9/6/2023) (Signed by Judge Alvin K. Hellerstein on 6/6/2023) (jca)
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| Filing 75 PROPOSED STIPULATION AND ORDER. Document filed by Elon Musk, Tesla, Inc...(Concannon, Sarah) |
| Filing 74 MEMORANDUM OF LAW in Support re: #73 MOTION to Amend/Correct Complaint. . Document filed by Joshua Flint, Colby Gorog, Keith Johnson, Michael Lerro, Louis Robinson. (Attachments: #1 Exhibit A).(Spencer, Evan) |
| Filing 73 MOTION to Amend/Correct Complaint. Document filed by Joshua Flint, Colby Gorog, Keith Johnson, Michael Lerro, Louis Robinson. Return Date set for 6/14/2023 at 02:00 PM..(Spencer, Evan) |
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Filing 72
MEMO ENDORSEMENT on re: #69 Proposed Stipulation and Order filed by Tesla, Inc., Elon Musk. ENDORSEMENT: Rejected. See Order filed this day. (Signed by Judge Alvin K. Hellerstein on 5/31/23) (yv)
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Filing 71
ORDER denying as moot #59 Motion to Dismiss. The stipulation of dismissal against Defendant Dogecoin Foundation, Inc. is approved. The pending briefing schedule for Defendants Elon Musk's and Tesla, Inc.' s (collectively, the "Tesla Defendants") motion to dismiss is vacated. The filing of a Third Amended Complaint will make that motion moot. Plaintiff's motion for leave to file that complaint is likely to be granted, since there is not likely to be any prejudice against the Tesla Defendants, and leave to file an amended complaint is freely to be granted. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/30/23) (yv)
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| Filing 70 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Dogecoin Foundation, Inc.. Document filed by Keith Johnson, Colby Gorog, Michael Lerro, Louis Robinson, Joshua Flint. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Spencer, Evan) |
| Filing 69 PROPOSED STIPULATION AND ORDER. Document filed by Elon Musk, Tesla, Inc...(Concannon, Sarah) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Evan Spencer to RE-FILE Document #64 Stipulation of Voluntary Dismissal. Use the event type Other Filings, Notices, Notice of Voluntary Dismissal. (km) |
| Filing 68 LETTER addressed to Judge Alvin K. Hellerstein from Evan Spencer dated 5/26/23 re: Motion for Stay. Document filed by Joshua Flint, Colby Gorog, Keith Johnson, Michael Lerro, Louis Robinson..(Spencer, Evan) |
| Filing 67 LETTER addressed to Judge Alvin K. Hellerstein from Sarah Heaton Concannon dated May 26, 2023 re: Plaintiff's "Emergency Motion" for Stay. Document filed by Elon Musk, Tesla, Inc...(Concannon, Sarah) |
| Filing 66 BRIEF re: #65 EMERGENCY MOTION to Stay re: #53 Stipulation and Order, Set Deadlines,,,,,, . . Document filed by Joshua Flint, Colby Gorog, Keith Johnson, Michael Lerro, Louis Robinson. (Attachments: #1 Exhibit A).(Spencer, Evan) |
| Filing 65 EMERGENCY MOTION to Stay re: #53 Stipulation and Order, Set Deadlines,,,,,, . Document filed by Joshua Flint, Colby Gorog, Keith Johnson, Michael Lerro, Louis Robinson. Return Date set for 5/30/2023 at 09:00 AM..(Spencer, Evan) |
| Filing 64 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Dogecoin Foundation, Inc. and without costs. Document filed by Keith Johnson, Colby Gorog, Michael Lerro, Louis Robinson, Joshua Flint. Proposed Order to be reviewed by Clerk's Office staff...(Spencer, Evan) Modified on 5/30/2023 (km). |
| Filing 63 NOTICE OF APPEARANCE by Alex Spiro on behalf of Elon Musk, Tesla, Inc...(Spiro, Alex) |
| Filing 62 MEMORANDUM OF LAW in Support re: #61 MOTION to Dismiss Second Amended Complaint. . Document filed by Elon Musk, Tesla, Inc...(Mehes, Adam) |
| Filing 61 MOTION to Dismiss Second Amended Complaint. Document filed by Elon Musk, Tesla, Inc...(Mehes, Adam) |
| Filing 60 MEMORANDUM OF LAW in Support re: #59 MOTION to Dismiss the Second Amended Class Action Complaint. . Document filed by Dogecoin Foundation, Inc...(Levine, Seth) |
| Filing 59 MOTION to Dismiss the Second Amended Class Action Complaint. Document filed by Dogecoin Foundation, Inc...(Levine, Seth) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #58 MOTION for Allison Harnack Huebert to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27423132. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac) |
| Filing 58 MOTION for Allison Harnack Huebert to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27423132. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elon Musk, Tesla, Inc.. (Attachments: #1 Affidavit Declaration of Allison Huebert in Support of Pro Hace Vice Motion, #2 Exhibit Texas Certificate of Good Standing, #3 Exhibit Illinois Certificate of Good Standing, #4 Text of Proposed Order Proposed Order).(Mehes, Adam) |
| Filing 57 NOTICE OF APPEARANCE by Adam Gabor Mehes on behalf of Elon Musk, Tesla, Inc...(Mehes, Adam) |
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Filing 56
MEMO ENDORSEMENT on re: #54 Letter adjournment of the initial court conference filed by Tesla, Inc., Elon Musk. ENDORSEMENT: The request is granted. The February 24, 2023, conference is canceled. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/23/23) (yv)
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| Filing 55 NOTICE OF APPEARANCE by Brenna D Nelinson on behalf of Elon Musk, Tesla, Inc...(Nelinson, Brenna) |
| Filing 54 LETTER addressed to Judge Alvin K. Hellerstein from Sarah Concannon dated February 21, 2023 re: adjournment of the initial court conference. Document filed by Elon Musk, Tesla, Inc...(Concannon, Sarah) |
| Set/Reset Deadlines: All Defendants. (yv) |
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Filing 53
STIPULATION AND ORDER FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING, IT IS HEREBY STIPULATED AND AGREED, subject to the Court's approval: 1.The deadline for Defendants to move to dismiss or otherwise respond to the Second Amended Class Action Complaint is March 31, 2023. 2.The SAC Plaintiffs' must file any opposition to any motion to dismiss no later than May 31, 2023. 3.Defendants must file any reply to any opposition no later than July 18, 2023. 4.All rights, claims, and defenses, including with respect to personal jurisdiction and venue, are preserved by all parties. SO ORDERED. ( Motions due by 3/31/2023., Replies due by 7/18/2023., Responses due by 5/31/2023) (Signed by Judge Alvin K. Hellerstein on 2/14/23) (yv)
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Filing 52
JOINT STIPULATION TO ADJOURN INITIAL COURT CONFERENCE: NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties, subject to the Court's approval, that: 1. The Initial Conference shall be adjourned from January 20, 2023 to February 24, 2023 to the extent the Court deems a conference necessary. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/18/2023) (vfr)
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| Filing 51 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tesla, Inc...(Concannon, Sarah) |
| Filing 50 PROPOSED STIPULATION AND ORDER. Document filed by Elon Musk, Tesla, Inc...(Concannon, Sarah) |
| Filing 49 PROPOSED STIPULATION AND ORDER. Document filed by Elon Musk, Tesla, Inc...(Concannon, Sarah) |
| Filing 48 NOTICE OF APPEARANCE by Sarah Heaton Concannon on behalf of Elon Musk, Tesla, Inc...(Concannon, Sarah) |
| Filing 47 NOTICE OF APPEARANCE by Chad Albert on behalf of Dogecoin Foundation, Inc...(Albert, Chad) |
| Filing 46 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Dogecoin Foundation, Inc...(Levine, Seth) |
| Filing 45 NOTICE OF APPEARANCE by Seth L. Levine on behalf of Dogecoin Foundation, Inc...(Levine, Seth) |
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Filing 44
MEMO ENDORSEMENT granting #41 Motion to Appoint Gorog, Flint, Robinson and Lerro as Lead Plaintiff(s). ENDORSEMENT: The motion is granted in all respects. SO ORDERED.. (Signed by Judge Alvin K. Hellerstein on 1/3/2023) (kv)
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| Filing 43 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Keith Johnson, Colby Gorog, Michael Lerro, Louis Robinson, Joshua Flint..(Spencer, Evan) |
| Filing 42 BRIEF re: #41 MOTION to Appoint Colby Gorog, Joshua Flint, Louis Robinson, and Michael Lerro to serve as lead plaintiff(s) . . Document filed by Joshua Flint, Colby Gorog, Michael Lerro, Louis Robinson. (Attachments: #1 Exhibit A, #2 Exhibit B).(Spencer, Evan) |
| Filing 41 MOTION to Appoint Colby Gorog, Joshua Flint, Louis Robinson, and Michael Lerro to serve as lead plaintiff(s) . Document filed by Joshua Flint, Colby Gorog, Michael Lerro, Louis Robinson. Return Date set for 1/12/2023 at 09:00 AM..(Spencer, Evan) |
| Filing 40 WAIVER OF SERVICE RETURNED EXECUTED. Dogecoin Foundation, Inc. waiver sent on 12/22/2022, answer due 2/21/2023. Document filed by Keith Johnson; Colby Gorog; Michael Lerro; Louis Robinson; Joshua Flint..(Spencer, Evan) |
| Filing 39 SECOND AMENDED COMPLAINT amending #38 Amended Complaint,,,,,,,,, against Dogecoin Foundation, Inc., Elon Musk, Tesla, Inc. with JURY DEMAND.Document filed by Keith Johnson, Colby Gorog, Michael Lerro, Louis Robinson, Joshua Flint. Related document: #38 Amended Complaint,,,,,,,,,. (Attachments: #1 Exhibit "1" Johnson SEC Certification, #2 Exhibit "2" Gorog SEC Certification, #3 Exhibit "3" Flint SEC Certification, #4 Exhibit "4" Robinson SEC Certification, #5 Exhibit "5" Lerro SEC Certification, #6 Exhibit "5a" Lerro 2021 Dogecoin Trades, #7 Exhibit "5b" Lerro 2021 Dogecoin Trades, #8 Exhibit "5c" Lerro 2022 Dogecoin Trades, #9 Exhibit "A" 4/2/19 Musk Tweet, #10 Exhibit "B" Musk Dogecoin Tweets, #11 Exhibit "C" 2/4/21 Musk Tweets, #12 Exhibit "D" 2/10/21 Musk Tweets, #13 Exhibit "E" 3/1/21 Musk Tweet, #14 Exhibit "F" 3/5/21 Musk Tweet, #15 Exhibit "G" 3/13/21 Musk Tweet, #16 Exhibit "H" 4/28/21 Musk Tweet, #17 Exhibit "I" 5/13/21 Musk Tweet, #18 Exhibit "J" 5/13/21 Musk Tweet, #19 Exhibit "K" 5/20/21 Musk Tweet, #20 Exhibit "L" 5/20/21 Musk Tweet, #21 Exhibit "M" 5/25/21 Musk Tweet, #22 Exhibit "N" 7/1/22 & 7/2/22 Musk Tweets, #23 Exhibit "O" 7/25/21 Musk Tweet, #24 Exhibit "P" 10/24/21 Musk Tweet, #25 Exhibit "Q" 1/15/22 Musk Tweet, #26 Exhibit "R" 1/14/22 Musk Tweet, #27 Exhibit "S" 2/18/22 Musk Tweet, #28 Exhibit "T" 5/12/22 Musk Tweet, #29 Exhibit "U" 10/31/22 Musk Tweet, #30 Exhibit "V" Expert Study #1, #31 Exhibit "W1" Expert Study #2a, #32 Exhibit "W2" Expert Study #2b, #33 Exhibit "X" Expert Study #3).(Spencer, Evan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Evan Spencer to RE-FILE Document No. #38 Amended Complaint. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading; the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Second Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| Filing 38 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR SECOND AMENDED COMPLAINT amending #9 Amended Complaint against Doge Army, Dogecoin Developers, Dogecoin Foundation, Inc., Billy Markus, Elon Musk, Ross Nicholl, Jackson Palmer, Space Exploration Technologies Corp., Tesla, Inc., The Boring Company, Matt Wallace with JURY DEMAND. Document filed by Keith Johnson, Colby Gorog, Jessica Calkins, James Duong, Louis Robinson, Joshua Flint, Michael Twomey, Fernando Uriza, Michael Lerro. Related document: #9 Amended Complaint. (Attachments: #1 Exhibit "1" Johnson SEC Certification, #2 Exhibit "2" Gorog SEC Certification, #3 Exhibit "3" Flint SEC Certification, #4 Exhibit "4" Robinson SEC Certification, #5 Exhibit "5" Lerro SEC Certification, #6 Exhibit "5a" Lerro 2021 Dogecoin Trades, #7 Exhibit "5b" Lerro 2021 Dogecoin Trades, #8 Exhibit "5c" Lerro 2021 Dogecoin Trades, #9 Exhibit "A" 4/2/19 Musk Tweet, #10 Exhibit "B" Musk Dogecoin Tweets, #11 Exhibit "C" 2/4/21 Musk Tweets, #12 Exhibit "D" 2/10/21 Musk Tweets, #13 Exhibit "E" 3/1/21 Musk Tweet, #14 Exhibit "F" 3/5/21 Musk Tweet, #15 Exhibit "G" 3/13/21 Musk Tweet, #16 Exhibit "H" 4/28/21 Musk Tweet, #17 Exhibit "I" 5/13/21 Musk Tweet, #18 Exhibit "J" 5/13/21 Musk Tweet, #19 Exhibit "K" 5/20/21 Musk Tweet, #20 Exhibit "L" 5/20/21 Musk Tweet, #21 Exhibit "M" 5/25/21 Musk Tweet, #22 Exhibit "N" 7/1/22 & 7/2/22 Musk Tweets, #23 Exhibit "O" 7/25/21 Musk Tweet, #24 Exhibit "P" 10/24/21 Musk Tweet, #25 Exhibit "Q" 1/25/22 Musk Tweet, #26 Exhibit "R" 1/14/22 Musk Tweet, #27 Exhibit "S" 2/18/22 Musk Tweet, #28 Exhibit "T" 5/12/22 Musk Tweet, #29 Exhibit "U" 10/31/22 Musk Tweet, #30 Exhibit "V" Expert Study #1, #31 Exhibit "W1" Expert Study #2a, #32 Exhibit "W2" Expert Study #2a, #33 Exhibit "X" Expert Study #3).(Spencer, Evan) Modified on 12/13/2022 (sj). |
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Filing 37
ORDER granting #34 Motion to Amend/Correct #34 MOTION to Amend/Correct . Leave to file a second amended complaint is granted. Since no defendant has as yet appeared, there is not reason to delay this order. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin)
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Filing 36
SCHEDULING ORDER: Initial Conference by telephone set for 1/20/2023 at 10:00 AM before Judge Alvin K. Hellerstein. Call-in number: 888-363-4749 Access code: 7518680. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 12/7/2022) (vfr)
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| Filing 35 BRIEF re: #34 MOTION to Amend/Correct . . Document filed by Jessica Calkins, James Duong, Joshua Flint, Colby Gorog, Keith Johnson, Louis Robinson, Michael Twomey, Fernando Uriza. (Attachments: #1 Exhibit 1 - Proposed Amended Complaint, #2 Exhibit 2 - Attorney Spencer Declaration, #3 Exhibit 3 - Johnson Certification, #4 Exhibit 4 - Gorog Certification, #5 Exhibit 5 - Flint Certification, #6 Exhibit 6 - Robinson Certification, #7 Exhibit 7 - Lerro Certification, #8 Exhibit 7a - 2021 Lerro Trades, #9 Exhibit 7b - 2021 Lerro Dogecoin Trades, #10 Exhibit 7c - 2022 Lerro Dogecoin Trades, #11 Exhibit A - 4/2/19 Musk Tweet, #12 Exhibit B - 100+ Musk Tweets, #13 Exhibit C - 2/4/21 Musk Tweets, #14 Exhibit D - 2/10/21 Musk Tweets, #15 Exhibit E - 3/1/21 Musk Tweet, #16 Exhibit F - 3/5/21 Musk Tweet, #17 Exhibit G - 3/13/21 Musk Tweets, #18 Exhibit H - 4/28/21 Musk Tweet, #19 Exhibit I - 5/13/21 Musk Tweet, #20 Exhibit J - 5/13/21 Musk Tweet, #21 Exhibit K - 5/20/21 Musk Tweet, #22 Exhibit L - 5/20/21 Musk Tweet, #23 Exhibit M - 5/25/21 Musk Tweet, #24 Exhibit N - 7/1/22 & 7/2/22 Musk Tweets, #25 Exhibit O - 7/25/21 Musk Tweet, #26 Exhibit P - 10/24/21 Musk Tweet, #27 Exhibit Q - 1/25/22 Musk Tweet, #28 Exhibit R - 1/14/22 Musk Tweet, #29 Exhibit S - 2/18/22 Musk Tweet, #30 Exhibit T - 5/12/22 Musk Tweet, #31 Exhibit U - Musk Halloween Tweet, #32 Exhibit V - Expert Report #1, #33 Exhibit W - Expert Report #2a, #34 Exhibit W - Expert Report #2b, #35 Exhibit X - Expert Report #3).(Spencer, Evan) |
| Filing 34 MOTION to Amend/Correct . Document filed by Jessica Calkins, James Duong, Joshua Flint, Colby Gorog, Keith Johnson, Louis Robinson, Michael Twomey, Fernando Uriza. Return Date set for 12/27/2022 at 09:00 AM. (Attachments: #1 Text of Proposed Order Leave to File 2nd Amended Complaint).(Spencer, Evan) |
| Filing 33 ELECTRONIC AMENDED SUMMONS ISSUED as to Dogecoin Foundation, Inc.. (vf) |
| Filing 32 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Dogecoin Foundation, Inc., re: #9 Amended Complaint,,,. Document filed by Jessica Calkins, James Duong, Joshua Flint, Colby Gorog, Keith Johnson, Louis Robinson, Michael Twomey, Fernando Uriza..(Spencer, Evan) |
| Filing 31 ELECTRONIC SUMMONS ISSUED as to Matt Wallace. (vf) |
| Filing 30 ELECTRONIC SUMMONS ISSUED as to Doge Army. (vf) |
| Filing 29 ELECTRONIC SUMMONS ISSUED as to Ross Nicholl. (vf) |
| Filing 28 ELECTRONIC SUMMONS ISSUED as to Dogecoin Developers. (vf) |
| Filing 27 ELECTRONIC SUMMONS ISSUED as to Jackson Palmer. (vf) |
| Filing 26 ELECTRONIC SUMMONS ISSUED as to Billy Markus. (vf) |
| Filing 25 ELECTRONIC SUMMONS ISSUED as to Dogecoin Foundation, Inc.. (vf) |
| Filing 24 ELECTRONIC SUMMONS ISSUED as to The Boring Company. (vf) |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to Tesla, Inc.. (vf) |
| Filing 22 ELECTRONIC SUMMONS ISSUED as to Space Exploration Technologies Corp.. (vf) |
| Filing 21 ELECTRONIC SUMMONS ISSUED as to Elon Musk. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Evan Spencer. The party information for the following party/parties has been modified: Colby Gorog, James Duong, Fernando Uriza, Joshua Flint, Jessica Calkins, Louis Robinson, Michael Twomey,Ross Nicholl, Matt Wallace. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) |
| Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to Matt Wallace, re: #9 Amended Complaint,,,. Document filed by Jessica Calkins, James Duong, Joshua Flint, Colby Gorog, Keith Johnson, Louis Robinson, Michael Twomey, Fernando Uriza..(Spencer, Evan) |
| Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Doge Army, re: #9 Amended Complaint,,,. Document filed by Jessica Calkins, James Duong, Joshua Flint, Colby Gorog, Keith Johnson, Louis Robinson, Michael Twomey, Fernando Uriza..(Spencer, Evan) |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Ross Nicholl, re: #9 Amended Complaint,,,. Document filed by Jessica Calkins, James Duong, Joshua Flint, Colby Gorog, Keith Johnson, Louis Robinson, Michael Twomey, Fernando Uriza..(Spencer, Evan) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Dogecoin Developers, re: #9 Amended Complaint,,,. Document filed by Jessica Calkins, James Duong, Joshua Flint, Colby Gorog, Keith Johnson, Louis Robinson, Michael Twomey, Fernando Uriza..(Spencer, Evan) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Jackson Palmer, re: #9 Amended Complaint,,,. Document filed by Jessica Calkins, James Duong, Joshua Flint, Colby Gorog, Keith Johnson, Louis Robinson, Michael Twomey, Fernando Uriza..(Spencer, Evan) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Billy Markus, re: #9 Amended Complaint,,,. Document filed by Jessica Calkins, James Duong, Joshua Flint, Colby Gorog, Keith Johnson, Louis Robinson, Michael Twomey, Fernando Uriza..(Spencer, Evan) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Dogecoin Foundation, Inc., re: #9 Amended Complaint,,,. Document filed by Jessica Calkins, James Duong, Joshua Flint, Colby Gorog, Keith Johnson, Louis Robinson, Michael Twomey, Fernando Uriza..(Spencer, Evan) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to The Boring Company, re: #9 Amended Complaint,,,. Document filed by Jessica Calkins, James Duong, Joshua Flint, Colby Gorog, Keith Johnson, Louis Robinson, Michael Twomey, Fernando Uriza..(Spencer, Evan) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Tesla, Inc., re: #9 Amended Complaint,,,. Document filed by Jessica Calkins, James Duong, Joshua Flint, Colby Gorog, Keith Johnson, Louis Robinson, Michael Twomey, Fernando Uriza..(Spencer, Evan) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Space Exploration Technologies Corp. dba SpaceX, re: #9 Amended Complaint,,,. Document filed by Jessica Calkins, James Duong, Joshua Flint, Colby Gorog, Keith Johnson, Louis Robinson, Michael Twomey, Fernando Uriza..(Spencer, Evan) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Elon Musk, re: #9 Amended Complaint,,,. Document filed by Jessica Calkins, James Duong, Joshua Flint, Colby Gorog, Keith Johnson, Louis Robinson, Michael Twomey, Fernando Uriza..(Spencer, Evan) |
| Filing 9 FIRST AMENDED COMPLAINT amending #1 Complaint against Elon Musk, Space Exploration Technologies Corp., Tesla, Inc., The Boring Company, Dogecoin Foundation, Inc., Billy Markus, Jackson Palmer, Dogecoin Developers, Ross Nicholl, Doge Army, Matt Wallace with JURY DEMAND.Document filed by Keith Johnson, Colby Gorog, James Duong, Fernando Uriza, Joshua Flint, Jessica Calkins, Louis Robinson, Michael Twomey. Related document: #1 Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W).(Spencer, Evan) |
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Filing 8
ORDER FOR ADMISSION ONMOTION granting #5 Motion for Santos A. Perez to Appear Pro Hac Vice; granting #7 Motion for Santos A. Perez to Appear Pro Hac Vice. Upon the motion of Santos A. Perez, Esq., admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 8/16/22) (yv)
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| Filing 7 SECOND MOTION for Santos A. Perez to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Santos A Perez. (Attachments: #1 Affidavit In Support of Motion, #2 Exhibit Certificate Good Standing, #3 Text of Proposed Order Order Admitting).(Perez, Santos) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 SECOND MOTION for Santos A. Perez 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. (vba) |
| Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Santos A Perez. Related Document Number: #5 ..(Perez, Santos) Proposed Order to be reviewed by Clerk's Office staff. Modified on 8/12/2022 (sgz). |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 AMENDED MOTION for Santos A Perez 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. (sgz) |
| Filing 5 AMENDED MOTION for Santos A Perez to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Santos A Perez. (Attachments: #1 Affidavit Admittance Pro Hac Vice, #2 Exhibit Certificate Good Standing, #3 Text of Proposed Order Proposed Order).(Perez, Santos) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #3 FIRST MOTION for Santos A. Perez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26444291. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Motion and Affidavit Must Include the State(s) Admitted To;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz) |
| Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Santos A Perez. Related Document Number: #3 ..(Perez, Santos) Proposed Order to be reviewed by Clerk's Office staff. Modified on 7/21/2022 (sgz). |
| Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Santos A. Perez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26444291. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Santos A Perez. (Attachments: #1 Text of Proposed Order Order, #2 Affidavit Affidavit, #3 Exhibit Certificate Good Standing).(Perez, Santos) Modified on 7/22/2022 (sgz). |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Evan Spencer. The following case opening statistical information was erroneously selected/entered: Dollar Demand (none); Fee Status code due (due). The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000; the Fee Status code has been modified to pd (paid). (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Evan Spencer. The party information for the following party/parties has been modified: Keith Johnson, Space Exploration Technologies Corp dba SpaceX. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party type was entered incorrectly. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. 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..(sj) |
| Magistrate Judge Sarah L. Cave 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 2 CIVIL COVER SHEET filed..(Spencer, Evan) |
| Filing 1 COMPLAINT against Elon Musk, Space Exploration Technologies Corp dba SpaceX, Tesla, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26288966)Document filed by Keith Johnson..(Spencer, Evan) |
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