United States Securities and Exchange Commission v. Tesla, Inc.
Federal Civil Lawsuit New York Southern District Court, Case No. 1:18-cv-08947-AJN
District Judge Alison J. Nathan, presiding

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Last Updated May 12, 2021 at 6:04 PM DT (1 month ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

United States Securities and Exchange Commission United States Securities and Exchange Commission, Plaintiff

Toggle Switch Represented by United States Securities and Exchange Commission

Name Phone Fax E-Mail
Space E. Barrett Atwood +1 415 705 2467 atwoode@sec.gov
Space Jina L. Choi +1 415 705 2500 +1 415 705 2501 ChoiJ@sec.gov
Space CHERYL L. CRUMPTON +1 202 551 4459 crumptonc@sec.gov
v.
Tesla, Inc. Tesla, Inc., Defendant

Toggle Switch Represented by Cahill Gordon & Reindell, LLP

Name Phone Fax E-Mail
Space Bradley Joseph Bondi +1 212 701 3000 +1 212 269 5420 bbondi@cahill.com
Office Foley Square
Filed 9/29/2018
Jury Demand None
Demand
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Cause Section 15 U.S.C. § 78m(a) Securities Exchange Act
Jurisdiction U.S. Government Plaintiff
Disposition
County XX Out of State
Terminated
Origin 1
Reopened
Lead Case
None
Related Case
None
Other Court Case None
Defendant Custody Status
  Entries (28) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 18 Filed: 2/26/2020, Entered: 2/26/2020 OrderCourt Filing
ORDER ESTABLISHING A FAIR FUND, APPOINTING A TAX ADMINISTRATOR, AND AUTHORIZING PAYMENT OF TAX RELATED FEES, EXPENSES, AND OBLIGATIONS granting [52] Motion for to Establish A Fair Fund and Appoint Tax Administrator. IT IS HEREBY ORDERED: 1. The Motion is GRANTED. 2. A Fair Fund is hereby established pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002, as amended by the Dodd-Frank Act of 2010 [15 U.S.C. §7246(a)] for the $40,000,000.00 paid by Musk and Telsa, along with any accrued interest and earnings thereon (the "Fair Fund"). 3. Miller Kaplan Arase LLP ("Miller Kaplan") is appointed as the Tax Administrator to execute all income tax reporting requirements, including the preparation and filing of tax returns, for all funds under the Court's jurisdiction in this case. (as further set forth herein). 7. The SEC is authorized to approve and arrange payment of all future tax obligations owed by the Fair Fund and tax administrator fees and expenses owed by the Fair Fund directly from the Fair Fund without further order of this Court. All payments for taxes and the fees and expenses of the Tax Administrator shall be reported to the Court in a final accounting. (Signed by Judge Alison J. Nathan on 2/26/2020) (kv)
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    Legal Document 17 Filed: 4/30/2019, Entered: 4/30/2019 Amended JudgmentCourt Filing
    ORDER AMENDING FINAL JUDGMENT AS TO DEFENDANT TESLA, INC.: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that subpart (d) of paragraph IV of the Final Judgment is replaced and superseded by the following herein, IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that all other provisions of the Final Judgment shall remain in effect. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of the Final Judgment, as amended by this Order. (And as further set forth in this Order). (Signed by Judge Alison J. Nathan on 4/30/2019) (jca)
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      Legal Document 16 Filed: 4/26/2019, Entered: 4/26/2019, Terminated: 4/30/2019 motion to amend/correct
      CONSENT MOTION to Amend/Correct Final Judgment. Document filed by United States Securities and Exchange Commission. (Attachments: # (1) Exhibit 1 (Consent of Defendant Tesla, Inc.), # (2) Exhibit 2 (Proposed Order Amending Final Judgment))(Crumpton, Cheryl)
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        Legal Document 15 Filed: 2/6/2019, Entered: 2/6/2019 OrderCourt Filing
        ORDER TO CONSOLIDATE ACTIONS FOR DISTRIBUTION PURPOSES granting [15 in case 18-cv-8865] Letter Motion to Consolidate Cases. IT IS HEREBY ORDERED: 1. Pursuant to Final Judgments entered in these two Securities and Exchange Commission ("SEC") enforcement actions, Defendants Elon Musk and Tesla, Inc. have paid penalties in the total amount of $40,000,000.00. These funds were paid into an interest- bearing account at the Bureau of Fiscal Services of the U.S. Treasury Department (the "Distribution Funds"). Each final judgment provides, in part, that the Distribution Funds may be distributed pursuant to the Fair Fund provisions of the Section 308(a) of the Sarbanes-Oxley Act of 2002, as amended by the Dodd- Frank Act of 2010, 15 U.S.C. § 7246(a). 2. The Court hereby orders that the above-captioned actions are consolidated for the purposes of distribution of funds to harmed investors. (Signed by Judge Alison J. Nathan on 2/6/2019) (anc)
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          Legal Document 14 Filed: 10/16/2018, Entered: 10/16/2018 Consent JudgmentCourt Filing
          FINAL JUDGMENT AS TO DEFENDANT TESLA, INC.: The Securities and Exchange Commission having filed a Complaint and Defendant Tesla, Inc. ("Defendant" or "Company") 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); 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, Rule 13a-15 of the Securities Exchange Act of 1934 (the "Exchange Act") [17 C.F.R. § 240.13a-15]. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual notice of this Final Judgment by personal service or otherwise: (a) Defendant's officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Defendant or with anyone described in (a). 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; as further set forth herein. 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)
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            Legal Document 13 Filed: 10/12/2018, Entered: 10/12/2018 Rule 7.1 Corporate Disclosure Statement
            RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate T. Rowe Price Group, Inc., Other Affiliate T. Rowe Price Associates, Inc. for Tesla, Inc.. Document filed by Tesla, Inc..(Bondi, Bradley)
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              Blank  Notice to Attorney to Re-File Document - Deficient Docket Entry Error
              ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Bradley Joseph Bondi to RE-FILE Document [12] Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Not All Corporate Parents were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
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                Legal Document (Payment Possibly Required) 12 Filed: 10/11/2018, Entered: 10/11/2018 Rule 7.1 Corporate Disclosure Statement
                FILING ERROR NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate T. Rowe Price Associates, Inc. for Tesla, Inc.. Document filed by Tesla, Inc..(Bondi, Bradley) Modified on 10/12/2018 (lb).
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                  Legal Document (Payment Possibly Required) 19 Filed: 5/12/2021, Entered: None Order
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                    Legal Document (Payment Possibly Required) 11 Filed: 10/11/2018, Entered: 10/11/2018 Brief
                    JOINT BRIEF re: [3] CONSENT MOTION for Judgment According to the Parties' Settlement. . Document filed by United States Securities and Exchange Commission.(Crumpton, Cheryl)
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                      Legal Document (Payment Possibly Required) 10 Filed: 10/4/2018, Entered: 10/4/2018 Order on Motion to appear pro hac viceCourt Filing
                      ORDER granting [7] Motion for E. Barrett Atwood to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison)
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                        Legal Document (Payment Possibly Required) 9 Filed: 10/4/2018, Entered: 10/4/2018 Order on Motion to appear pro hac viceCourt Filing
                        ORDER granting [6] Motion for Cheryl L. Crumpton to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison)
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                          Legal Document (Payment Possibly Required) 8 Filed: 10/4/2018, Entered: 10/4/2018 OrderCourt Filing
                          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)
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                            Legal Document (Payment Possibly Required) 7 Filed: 10/2/2018, Entered: 10/2/2018, Terminated: 10/4/2018 Motion to appear pro hac vice
                            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 CA good standing certificate, # (3) Exhibit DC good standing certificate, # (4) Text of Proposed Order Granting Pro Hac Vice)(Atwood, Edward)
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                              Legal Document (Payment Possibly Required) 6 Filed: 10/2/2018, Entered: 10/2/2018, Terminated: 10/4/2018 Motion to appear pro hac vice
                              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 to Appear Pro Hac Vice, # (2) Exhibit 1- DC Bar Certificate of Good Standing, # (3) Exhibit 2- Texas Bar Certificate of Good Standing, # (4) Text of Proposed Order to Appear Pro Hac Vice)(Crumpton, Cheryl)
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                                Blank  Notice Regarding Pro Hac Vice Motion
                                >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [7] 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. (bcu)
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                                  Blank  Notice Regarding Pro Hac Vice Motion
                                  >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [6] 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)
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                                    Blank  Case Designation
                                    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. (wb)
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                                      Blank  Notice of Case Assignment/Reassignment
                                      NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Unassigned is no longer assigned to the case. (wb)
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                                        Blank  Case Accepted as Related
                                        CASE ACCEPTED AS RELATED. Create association to 1:18-cv-08865-AJN. Notice of Assignment to follow. (wb)
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                                          Legal Document (Payment Possibly Required) 5 Filed: 10/1/2018, Entered: 10/1/2018 Notice of appearance
                                          NOTICE OF APPEARANCE by Bradley Joseph Bondi on behalf of Tesla, Inc.. (Bondi, Bradley)
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                                            Blank  Case Referred as Possibly Related/Similar
                                            CASE REFERRED TO Judge Alison J. Nathan as possibly related to 18cv8865. (pc)
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                                              Blank  Case Designated ECF.
                                              Case Designated ECF. (pc)
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                                                Blank  Case Opening Initial Assignment Notice
                                                CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pc)
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                                                  Legal Document (Payment Possibly Required) 4 Filed: 9/29/2018, Entered: 9/29/2018 Statement of Relatedness
                                                  STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-8865 (AJN). Document filed by United States Securities and Exchange Commission.(Choi, Jina)
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                                                    Legal Document (Payment Possibly Required) 3 Filed: 9/29/2018, Entered: 9/29/2018, Terminated: 10/16/2018 ~Motion for Judgment
                                                    CONSENT MOTION for Judgment According to the Parties' Settlement. Document filed by United States Securities and Exchange Commission. (Attachments: # (1) Exhibit 1- Consent to Entry of Judgment, # (2) Exhibit 2- Proposed Final Judgment)(Choi, Jina)
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                                                    Legal Document (Payment Possibly Required) 2 Filed: 9/29/2018, Entered: 9/29/2018 Civil Cover Sheet
                                                    CIVIL COVER SHEET filed. (Choi, Jina)
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                                                      Legal Document 1 Filed: 9/29/2018, Entered: 9/29/2018 Complaint
                                                      COMPLAINT against Tesla, Inc.. Document filed by United States Securities and Exchange Commission.(Choi, Jina)
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