Johnson v. Musk et al
Plaintiff: Keith Johnson, James Duong, Fernando Uriza, Jessica Calkins and Michael Twomey
Defendant: 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
Alternative Dispute Resolution (Adr) Provider: Santos A Perez
Lead Plaintiff: Colby Gorog, Joshua Flint, Louis Robinson and Michael Lerro
Case Number: 1:2022cv05037
Filed: June 16, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Alvin K Hellerstein
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 28 U.S.C. ยง 1453 Class Action Fairness Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 6, 2023 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)
September 6, 2023 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)
September 6, 2023 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)
August 7, 2023 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)
August 7, 2023 Filing 94 MOTION to Dismiss Plaintiffs' Third Amended Complaint. Document filed by Elon Musk, Tesla, Inc...(Spiro, Alex)
August 3, 2023 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)
August 3, 2023 Filing 92 REPLY MEMORANDUM OF LAW in Support re: #86 MOTION for Sanctions . . Document filed by Elon Musk, Tesla, Inc...(Spiro, Alex)
July 27, 2023 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)
July 14, 2023 Filing 90 DECLARATION of Suk Patel in Support re: #86 MOTION for Sanctions .. Document filed by Elon Musk, Tesla, Inc...(Spiro, Alex)
July 14, 2023 Filing 89 DECLARATION of Jared Birchall in Support re: #86 MOTION for Sanctions .. Document filed by Elon Musk, Tesla, Inc...(Spiro, Alex)
July 14, 2023 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)
July 14, 2023 Filing 87 MEMORANDUM OF LAW in Support re: #86 MOTION for Sanctions . . Document filed by Elon Musk, Tesla, Inc...(Spiro, Alex)
July 14, 2023 Filing 86 MOTION for Sanctions . Document filed by Elon Musk, Tesla, Inc...(Spiro, Alex)
July 12, 2023 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)
July 6, 2023 Filing 84 MEMORANDUM OF LAW in Opposition re: #82 MOTION to Disqualify Counsel and Sanction. . Document filed by Elon Musk, Tesla, Inc...(Spiro, Alex)
June 25, 2023 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)
June 25, 2023 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)
June 22, 2023 Opinion or Order 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)
June 19, 2023 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)
June 14, 2023 Opinion or Order 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)
June 14, 2023 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)
June 7, 2023 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)
June 6, 2023 Opinion or Order 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)
June 2, 2023 Filing 75 PROPOSED STIPULATION AND ORDER. Document filed by Elon Musk, Tesla, Inc...(Concannon, Sarah)
May 31, 2023 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)
May 31, 2023 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)
May 31, 2023 Opinion or Order 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)
May 31, 2023 Opinion or Order 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)
May 31, 2023 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)
May 30, 2023 Filing 69 PROPOSED STIPULATION AND ORDER. Document filed by Elon Musk, Tesla, Inc...(Concannon, Sarah)
May 30, 2023 ***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)
May 26, 2023 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)
May 26, 2023 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)
May 26, 2023 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)
May 26, 2023 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)
May 26, 2023 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).
April 3, 2023 Filing 63 NOTICE OF APPEARANCE by Alex Spiro on behalf of Elon Musk, Tesla, Inc...(Spiro, Alex)
March 31, 2023 Filing 62 MEMORANDUM OF LAW in Support re: #61 MOTION to Dismiss Second Amended Complaint. . Document filed by Elon Musk, Tesla, Inc...(Mehes, Adam)
March 31, 2023 Filing 61 MOTION to Dismiss Second Amended Complaint. Document filed by Elon Musk, Tesla, Inc...(Mehes, Adam)
March 31, 2023 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)
March 31, 2023 Filing 59 MOTION to Dismiss the Second Amended Class Action Complaint. Document filed by Dogecoin Foundation, Inc...(Levine, Seth)
March 6, 2023 >>>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)
March 3, 2023 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)
March 2, 2023 Filing 57 NOTICE OF APPEARANCE by Adam Gabor Mehes on behalf of Elon Musk, Tesla, Inc...(Mehes, Adam)
February 23, 2023 Opinion or Order 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)
February 22, 2023 Filing 55 NOTICE OF APPEARANCE by Brenna D Nelinson on behalf of Elon Musk, Tesla, Inc...(Nelinson, Brenna)
February 21, 2023 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)
February 14, 2023 Set/Reset Deadlines: All Defendants. (yv)
February 14, 2023 Opinion or Order 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)
January 18, 2023 Opinion or Order 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)
January 18, 2023 Filing 51 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tesla, Inc...(Concannon, Sarah)
January 18, 2023 Filing 50 PROPOSED STIPULATION AND ORDER. Document filed by Elon Musk, Tesla, Inc...(Concannon, Sarah)
January 18, 2023 Filing 49 PROPOSED STIPULATION AND ORDER. Document filed by Elon Musk, Tesla, Inc...(Concannon, Sarah)
January 18, 2023 Filing 48 NOTICE OF APPEARANCE by Sarah Heaton Concannon on behalf of Elon Musk, Tesla, Inc...(Concannon, Sarah)
January 18, 2023 Filing 47 NOTICE OF APPEARANCE by Chad Albert on behalf of Dogecoin Foundation, Inc...(Albert, Chad)
January 18, 2023 Filing 46 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Dogecoin Foundation, Inc...(Levine, Seth)
January 18, 2023 Filing 45 NOTICE OF APPEARANCE by Seth L. Levine on behalf of Dogecoin Foundation, Inc...(Levine, Seth)
January 4, 2023 Opinion or Order 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)
December 23, 2022 Filing 43 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Keith Johnson, Colby Gorog, Michael Lerro, Louis Robinson, Joshua Flint..(Spencer, Evan)
December 22, 2022 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)
December 22, 2022 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)
December 22, 2022 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)
December 13, 2022 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)
December 13, 2022 ***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)
December 12, 2022 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).
December 9, 2022 Opinion or Order 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)
December 7, 2022 Opinion or Order 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)
December 5, 2022 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)
December 5, 2022 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)
September 9, 2022 Filing 33 ELECTRONIC AMENDED SUMMONS ISSUED as to Dogecoin Foundation, Inc.. (vf)
September 8, 2022 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)
September 7, 2022 Filing 31 ELECTRONIC SUMMONS ISSUED as to Matt Wallace. (vf)
September 7, 2022 Filing 30 ELECTRONIC SUMMONS ISSUED as to Doge Army. (vf)
September 7, 2022 Filing 29 ELECTRONIC SUMMONS ISSUED as to Ross Nicholl. (vf)
September 7, 2022 Filing 28 ELECTRONIC SUMMONS ISSUED as to Dogecoin Developers. (vf)
September 7, 2022 Filing 27 ELECTRONIC SUMMONS ISSUED as to Jackson Palmer. (vf)
September 7, 2022 Filing 26 ELECTRONIC SUMMONS ISSUED as to Billy Markus. (vf)
September 7, 2022 Filing 25 ELECTRONIC SUMMONS ISSUED as to Dogecoin Foundation, Inc.. (vf)
September 7, 2022 Filing 24 ELECTRONIC SUMMONS ISSUED as to The Boring Company. (vf)
September 7, 2022 Filing 23 ELECTRONIC SUMMONS ISSUED as to Tesla, Inc.. (vf)
September 7, 2022 Filing 22 ELECTRONIC SUMMONS ISSUED as to Space Exploration Technologies Corp.. (vf)
September 7, 2022 Filing 21 ELECTRONIC SUMMONS ISSUED as to Elon Musk. (vf)
September 7, 2022 ***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)
September 6, 2022 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)
September 6, 2022 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)
September 6, 2022 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)
September 6, 2022 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)
September 6, 2022 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)
September 6, 2022 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)
September 6, 2022 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)
September 6, 2022 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)
September 6, 2022 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)
September 6, 2022 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)
September 6, 2022 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)
September 6, 2022 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)
August 16, 2022 Opinion or Order 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)
August 15, 2022 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)
August 15, 2022 >>>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)
August 11, 2022 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).
July 25, 2022 >>>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)
July 22, 2022 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)
July 22, 2022 >>>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)
July 21, 2022 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).
July 21, 2022 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).
June 17, 2022 ***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)
June 17, 2022 ***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)
June 17, 2022 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)
June 17, 2022 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)
June 17, 2022 Case Designated ECF. (sj)
June 16, 2022 Filing 2 CIVIL COVER SHEET filed..(Spencer, Evan)
June 16, 2022 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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Search for this case: Johnson v. Musk et al
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Plaintiff: Keith Johnson
Represented By: Evan Spencer
Represented By: Santos A Perez
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Plaintiff: James Duong
Represented By: Evan Spencer
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Plaintiff: Fernando Uriza
Represented By: Evan Spencer
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Plaintiff: Jessica Calkins
Represented By: Evan Spencer
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Plaintiff: Michael Twomey
Represented By: Evan Spencer
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Defendant: Elon Musk
Represented By: Adam Gabor Mehes
Represented By: Alex Spiro
Represented By: Sarah Heaton Concannon
Represented By: Brenna D Nelinson
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Defendant: Space Exploration Technologies Corp dba SpaceX
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Defendant: Tesla, Inc.
Represented By: Brenna D Nelinson
Represented By: Adam Gabor Mehes
Represented By: Alex Spiro
Represented By: Sarah Heaton Concannon
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Defendant: Space Exploration Technologies Corp. doing business as SpaceX
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Defendant: The Boring Company
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Defendant: Dogecoin Foundation, Inc.
Represented By: Seth L. Levine
Represented By: Chad Albert
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Defendant: Billy Markus
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Defendant: Jackson Palmer
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Defendant: Dogecoin Developers
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Defendant: Ross Nicholl
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Defendant: Doge Army
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Defendant: Matt Wallace
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Alternative dispute resolution (adr) provider: Santos A Perez
Represented By: Santos A Perez
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Lead plaintiff: Colby Gorog
Represented By: Evan Spencer
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Lead plaintiff: Joshua Flint
Represented By: Evan Spencer
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Lead plaintiff: Louis Robinson
Represented By: Evan Spencer
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Lead plaintiff: Michael Lerro
Represented By: Evan Spencer
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