Fan v. Tesla, Inc.
Federal Civil Lawsuit California Northern District Court, Case No. 3:18-cv-05470-EMC
District Judge Edward M. Chen, presiding

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Last Updated November 27, 2018 at 5:29 PM EST (3 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

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No Logo FNY Investment Advisers, LLC, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Marc M. Seltzer +1 310 789 3100 +1 310 789 3150 mseltzer@susmangodfrey.com
No Logo Zhi Xing Fan, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space J Alexander Hood +1 212 661 1100 +1 212 661 8665 ahood@pomlaw.com
Space Jeremy Alan Lieberman +1 212 661 1100 +1 212 661 8665 jalieberman@pomlaw.com
Space Jennifer Pafiti +1 310 600 9775 +1 917 463 1044 jpafiti@pomlaw.com
v.
Musk, Elon Reeve Musk, Elon Reeve, Defendant
Officially listed as "Elon R. Musk"
Tesla, Inc. CEO, Tesla, Inc., October 15, 2008 - Present
Beneficial Owner, Excession LLC
SolarCity Corporation Chairman of the Board, SolarCity Corporation

Toggle Switch Represented by Fenwick & West LLP

Name Phone Fax E-Mail
Space Jennifer Corinne Bretan +1 415 875 2300 +1 415 281 1350 jbretan@fenwick.com
Space Dean S. Kristy +1 415 875 2324 +1 415 281 1350 dkristy@fenwick.com
Space Mara Rachelle Ludmer +1 415 875 2000 +1 415 281 1350 mludmer@fenwick.com
Tesla, Inc. Tesla, Inc., Defendant

Toggle Switch Represented by Fenwick & West LLP

Name Phone Fax E-Mail
Space Jennifer Corinne Bretan +1 415 875 2300 +1 415 281 1350 jbretan@fenwick.com
Space Dean S. Kristy +1 415 875 2324 +1 415 281 1350 dkristy@fenwick.com
Space Mara Rachelle Ludmer +1 415 875 2000 +1 415 281 1350 mludmer@fenwick.com
Office San Francisco
Filed 9/6/2018
Jury Demand Plaintiff
Demand
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Cause Section 15 U.S.C. § 78m(a) Securities Exchange Act
Jurisdiction Federal Question
Disposition
County Outside US
Terminated
Origin 1
Reopened
Lead Case
None
Related Case
None
Other Court Case None
Defendant Custody Status
Flag RELATE
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Legal Document (Payment Possibly Required) 31 Filed: 11/27/2018, Entered: None Order on Motion to Appoint Lead Plaintiff and Lead Counsel
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    Legal Document (Payment Possibly Required) 29 Filed: 10/10/2018, Entered: 10/10/2018 Certificate of Interested Entities
    Certificate of Interested Entities by FNY Investment Advisers, LLC (Seltzer, Marc) (Filed on 10/10/2018)
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      Legal Document (Payment Possibly Required) 28 Filed: 10/10/2018, Entered: 10/10/2018 Certificate of counsel
      CERTIFICATE of Counsel re [24] MOTION to Appoint Lead Plaintiff and Lead Counsel for attorney Arthur V. Nealon by Marc M. Seltzer on behalf of FNY Investment Advisers, LLC (Seltzer, Marc) (Filed on 10/10/2018)
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        Legal Document (Payment Possibly Required) 27 Filed: 10/10/2018, Entered: 10/10/2018 Certificate of counsel
        CERTIFICATE of Counsel re [24] MOTION to Appoint Lead Plaintiff and Lead Counsel for attorney Andrew J. Entwistle by Marc M. Seltzer on behalf of FNY Investment Advisers, LLC (Seltzer, Marc) (Filed on 10/10/2018)
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          Legal Document (Payment Possibly Required) 26 Filed: 10/10/2018, Entered: 10/10/2018 Certificate of counsel
          CERTIFICATE of Counsel re [24] MOTION to Appoint Lead Plaintiff and Lead Counsel for attorney Robert N. Cappucci by Marc M. Seltzer on behalf of FNY Investment Advisers, LLC (Seltzer, Marc) (Filed on 10/10/2018)
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            Legal Document (Payment Possibly Required) 25 Filed: 10/10/2018, Entered: 10/10/2018 Certificate of counsel
            CERTIFICATE of Counsel re [24] MOTION to Appoint Lead Plaintiff and Lead Counsel by Marc M. Seltzer on behalf of FNY Investment Advisers, LLC (Seltzer, Marc) (Filed on 10/10/2018)
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              Legal Document (Payment Possibly Required) 24 Filed: 10/9/2018, Entered: 10/9/2018 Motion to Appoint Lead Plaintiff and Lead CounselCourt Filing
              MOTION to Appoint Lead Plaintiff and Lead Counsel filed by FNY Investment Advisers, LLC. Motion Hearing set for 11/15/2018 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 10/23/2018. Replies due by 10/30/2018. (Attachments: # (1) Declaration of Marc Seltzer In Support of Motion for Appointment, # (2) Proposed Order)(Seltzer, Marc) (Filed on 10/9/2018)
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                Legal Document (Payment Possibly Required) 23 Filed: 10/5/2018, Entered: 10/5/2018 Order on Motion for Pro Hac ViceCourt Filing
                Order by Judge Edward M. Chen granting [5] Motion for Pro Hac Vice.(afmS, COURT STAFF) (Filed on 10/5/2018)
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                  Legal Document (Payment Possibly Required) 22 Filed: 10/5/2018, Entered: 10/5/2018 Order on Motion for Pro Hac ViceCourt Filing
                  Order by Judge Edward M. Chen granting [4] Motion for Pro Hac Vice.(afmS, COURT STAFF) (Filed on 10/5/2018)
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                    Legal Document (Payment Possibly Required) 21 Filed: 9/28/2018, Entered: 9/28/2018 Order on StipulationCourt Filing
                    Order by Judge Edward M. Chen granting (31) Stipulation Extending Time for Defendants to Respond to Complaints and Comtinuing Case Management Conference and Associated Deadlines in case 3:18-cv-04865-EMC.Associated Cases: 3:18-cv-04865-EMC, 3:18-cv-04876-EMC, 3:18-cv-04912-EMC, 3:18-cv-04939-EMC, 3:18-cv-04948-EMC, 3:18-cv-05258-EMC, 3:18-cv-05463-EMC, 3:18-cv-05470-EMC(afmS, COURT STAFF) (Filed on 9/28/2018)
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                      Legal Document (Payment Possibly Required) 20 Filed: 9/27/2018, Entered: 9/27/2018 Notice - other
                      NOTICE by Zhi Xing Fan NOTICE OF PUBLICATION OF NOTICE OF PENDENCY OF ACTION (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Pafiti, Jennifer) (Filed on 9/27/2018)
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                        Legal Document (Payment Possibly Required) 19 Filed: 9/26/2018, Entered: 9/26/2018, Terminated: 10/5/2018 stipulation
                        STIPULATION WITH PROPOSED ORDER re [1] Complaint, [11] Waiver of Service Executed, [12] Case Management Scheduling Order, [10] Waiver of Service Executed, [18] Clerk's Notice, Stipulation And [Proposed] Order Extending Time For Defendants To Respond To Complaints And Continuing Case Management Conference And Associated Deadlines filed by Elon R. Musk, Tesla, Inc.. (Bretan, Jennifer) (Filed on 9/26/2018)
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                          Blank 18 Filed: 9/24/2018, Entered: 9/24/2018 Clerks Notice
                          CLERK'S NOTICE: Due to the Court's unavailability, the Initial Case Management Conference is advanced from 11/8/2018 to 11/5/2018 10:00 AM in San Francisco, Courtroom 05, 17th Floor. Joint CMC Statement due date remains unchanged. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 9/24/2018)
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                            Legal Document (Payment Possibly Required) 17 Filed: 9/21/2018, Entered: 9/21/2018 Clerk's Notice of Video Recording Decision
                            AMENDED Clerk's Notice DECLINING Video Recording re: (16 in 3:18-cv-04912-EMC, 15 in 3:18-cv-04948-EMC, 15 in 3:18-cv-05470-EMC, 18 in 3:18-cv-05463-EMC, 16 in 3:18-cv-04939-EMC, 18 in 3:18-cv-05258-EMC, 16 in 3:18-cv-04876-EMC, 24 in 3:18-cv-04865-EMC) re Clerk's Notice of Video Recording Request. (afmS, COURT STAFF) (Filed on 9/21/2018)
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                              Legal Document (Payment Possibly Required) 16 Filed: 9/21/2018, Entered: 9/21/2018 Clerk's Notice of Video Recording Decision
                              Clerk's Notice CONSENTING TO Video Recording re: (16 in 3:18-cv-04912-EMC, 15 in 3:18-cv-04948-EMC, 15 in 3:18-cv-05470-EMC, 18 in 3:18-cv-05463-EMC, 16 in 3:18-cv-04939-EMC, 18 in 3:18-cv-05258-EMC, 16 in 3:18-cv-04876-EMC, 24 in 3:18-cv-04865-EMC) Clerk's Notice of Video Recording Request. (afmS, COURT STAFF) (Filed on 9/21/2018)
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                                Legal Document (Payment Possibly Required) 15 Filed: 9/14/2018, Entered: 9/14/2018 Clerk's Notice of Video Recording Request
                                Clerk's Notice of Video Recording Request. Video Camera hearing set for 11/8/2018 09:30 AM. Objections to Video Recording due 9/21/2018. (afmS, COURT STAFF) (Filed on 9/14/2018)
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                                  Legal Document (Payment Possibly Required) 14 Filed: 9/14/2018, Entered: 9/14/2018 Certificate of Interested Entities
                                  Certificate of Interested Entities by Elon R. Musk, Tesla, Inc. (Bretan, Jennifer) (Filed on 9/14/2018)
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                                    Legal Document (Payment Possibly Required) 13 Filed: 9/14/2018, Entered: 9/14/2018 Notice of appearance
                                    NOTICE of Appearance by Dean S. Kristy Notice of Appearance of Counsel (Kristy, Dean) (Filed on 9/14/2018)
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                                      Legal Document (Payment Possibly Required) 12 Filed: 9/13/2018, Entered: 9/13/2018 Case Management Scheduling OrderCourt Filing
                                      CASE MANAGEMENT CONFERENCE ORDER IN REASSIGNED CASE: Initial Case Management Conference set for 11/8/2018 09:30 AM in San Francisco, Courtroom 05, 17th Floor. Case Management Statement due by 11/1/2018. Signed by Judge Edward M. Chen on 9/13/2018. (afmS, COURT STAFF) (Filed on 9/13/2018)
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                                        Legal Document 11 Filed: 9/13/2018, Entered: 9/13/2018 waiver of service executed
                                        WAIVER OF SERVICE Returned Executed filed by Zhi Xing Fan. Waiver of Service Returned Executed as to Elon R. Musk. (Pafiti, Jennifer) (Filed on 9/13/2018)
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                                          Legal Document (Payment Possibly Required) 10 Filed: 9/13/2018, Entered: 9/13/2018 waiver of service executed
                                          WAIVER OF SERVICE Returned Executed filed by Zhi Xing Fan. Waiver of Service Returned Executed as to Tesla, Inc. (Pafiti, Jennifer) (Filed on 9/13/2018)
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                                            Legal Document (Payment Possibly Required) 9 Filed: 9/13/2018, Entered: 9/13/2018 Case Assigned/ReassignedCourt Filing
                                            Case Reassigned to Judge Edward M. Chen. Judge Yvonne Gonzalez Rogers no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. (jmlS, COURT STAFF) (Filed on 9/13/2018)
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                                              Legal Document (Payment Possibly Required) 8 Filed: 9/12/2018, Entered: 9/12/2018 Order Relating CaseCourt Filing
                                              RELATED CASE ORDER. The following cases are further related: 18-cv-4865-EMC, 18-cv-4912-CRB, 18-cv-4939-EMC, 18-cv-4948-HSG, 18-cv-5258-LHK, and 18-cv-5463-VC. Signed by Judge Edward M. Chen on 9/12/2018. Signed by Judge Edward M. Chen on 9/12/2018. (afmS, COURT STAFF) (Filed on 9/12/2018)
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                                                Legal Document (Payment Possibly Required) 7 Filed: 9/7/2018, Entered: 9/7/2018 Summons issued
                                                Summons Issued as to Elon R. Musk, Tesla, Inc. (cjlS, COURT STAFF) (Filed on 9/7/2018)
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                                                  Legal Document (Payment Possibly Required) 6 Filed: 9/7/2018, Entered: 9/7/2018 Initial Case Management Scheduling Order SEC Class Action
                                                  INITIAL CASE MANAGEMENT SCHEDULING ORDER SEC CLASS ACTION SEC Class Action Notice due by 9/27/2018. Case Management Statement due by 12/3/2018. Initial Case Management Conference set for 12/10/2018 02:00 PM in Oakland, Courtroom 1, 4th Floor. (Attachments: # (1) Notice of Eligibility for Video Recording)(cjlS, COURT STAFF) (Filed on 9/7/2018)
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                                                    Legal Document (Payment Possibly Required) 5 Filed: 9/7/2018, Entered: 9/7/2018, Terminated: 10/5/2018 Motion for Pro Hac Vice
                                                    MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12659291.) filed by Zhi Xing Fan. (Hood, J) (Filed on 9/7/2018)
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                                                      Legal Document (Payment Possibly Required) 4 Filed: 9/7/2018, Entered: 9/7/2018, Terminated: 10/5/2018 Motion for Pro Hac Vice
                                                      MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12659278.) filed by Zhi Xing Fan. (Lieberman, Jeremy) (Filed on 9/7/2018)
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                                                        Blank 3 Filed: 9/6/2018, Entered: 9/6/2018 Case Assigned by IntakeCourt Filing
                                                        Case assigned to Judge Yvonne Gonzalez Rogers. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (haS, COURT STAFF) (Filed on 9/6/2018)
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                                                          Legal Document (Payment Possibly Required) 2 Filed: 9/6/2018, Entered: 9/6/2018 Proposed Summons
                                                          Proposed Summons. (Pafiti, Jennifer) (Filed on 9/6/2018)
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                                                            Legal Document 1 Filed: 9/6/2018, Entered: 9/6/2018 Complaint
                                                            CLASS ACTION COMPLAINT (with jury demand) against Elon R. Musk, Tesla, Inc. (Filing fee $400, receipt number 0971-12656707). Filed by Zhi Xing Fan. (Attachments: # (1) Civil Cover Sheet)(Pafiti, Jennifer) (Filed on 9/6/2018) Modified on 9/7/2018 (cjlS, COURT STAFF).
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