District Appellate Supreme
Federal
California Northern District Court United States Supreme Court

Olagues v. Musk
Federal Civil Lawsuit California Northern District Court, Case No. 5:18-cv-07110-BLF
District Judge Beth Labson Freeman, presiding

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Last Updated December 6, 2019 at 11:30 AM ST (1.5 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Olagues, John A., Plaintiff
Officially listed as "John A Olagues"

Toggle Switch Represented by Green Welling, PC

Name Phone Fax E-Mail
Space Lesley Elizabeth Weaver +1 415 477 6700 +1 415 477 6710 gnecf@classcounsel.com
No Logo Ray Wollney, Plaintiff

Toggle Switch Represented by Green Welling, PC

Name Phone Fax E-Mail
Space Lesley Elizabeth Weaver +1 415 477 6700 +1 415 477 6710 gnecf@classcounsel.com
v.
No Logo Gracias, Antonio J., Defendant
Officially listed as "Antonio J. Gracias"
Tesla, Inc. Director, Tesla, Inc.
SolarCity Corporation Unknown Role, SolarCity Corporation

Toggle Switch Represented by Fenwick & West LLP

Name Phone Fax E-Mail
Space Dean S. Kristy +1 415 875 2324 +1 415 281 1350 dkristy@fenwick.com
Space Kevin Peter Muck +1 415 875 2387 +1 415 281 1350 kmuck@fenwick.com
Musk, Elon Reeve Musk, Elon Reeve, Defendant
Officially listed as "Elon 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 Dean S. Kristy +1 415 875 2324 +1 415 281 1350 dkristy@fenwick.com
Space Kevin Peter Muck +1 415 875 2387 +1 415 281 1350 kmuck@fenwick.com
Straubel, Jeffrey Brian Straubel, Jeffrey Brian, Defendant
Officially listed as "Jeffrey B. Straubel"

Toggle Switch Represented by Fenwick & West LLP

Name Phone Fax E-Mail
Space Dean S. Kristy +1 415 875 2324 +1 415 281 1350 dkristy@fenwick.com
Space Kevin Peter Muck +1 415 875 2387 +1 415 281 1350 kmuck@fenwick.com
Musk, Kimbal J. Musk, Kimbal J., Defendant
Officially listed as "Kimbal Musk"
Unknown Role, Big Green
Tesla, Inc. Unknown Role, Tesla, Inc.

Toggle Switch Represented by Fenwick & West LLP

Name Phone Fax E-Mail
Space Dean S. Kristy +1 415 875 2324 +1 415 281 1350 dkristy@fenwick.com
Space Kevin Peter Muck +1 415 875 2387 +1 415 281 1350 kmuck@fenwick.com
Tesla, Inc. Tesla, Inc., Defendant

Toggle Switch Represented by Fenwick & West LLP

Name Phone Fax E-Mail
Nominal Defendant Dean S. Kristy +1 415 875 2324 +1 415 281 1350 dkristy@fenwick.com
Nominal Defendant Kevin Peter Muck +1 415 875 2387 +1 415 281 1350 kmuck@fenwick.com
Office San Francisco
Filed 11/21/2018
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 XX US, Outside State
Terminated
Origin 1
Reopened
Lead Case
None
Related Case
None
Other Court Case None
Defendant Custody Status
  Entries (41) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 42 Filed: 12/6/2019, Entered: None USCA Order
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    Legal Document (Payment Possibly Required) 41 Filed: 9/10/2019, Entered: None USCA Scheduling Order
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      Legal Document (Payment Possibly Required) 40 Filed: 8/23/2019, Entered: None Amended Notice of Appeal
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        Legal Document 39 Filed: 8/21/2019, Entered: None Notice of Appeal
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        Legal Document (Payment Possibly Required) 38 Filed: 7/31/2019, Entered: None Judgment
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          Legal Document 37 Filed: 7/31/2019, Entered: None Order on Motion to Dismiss
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            Legal Document 35 Filed: 5/17/2019, Entered: 5/17/2019 Declaration in Support
            Declaration of Dean S. Kristy in Support of [33] Reply to Opposition/Response, [34] Request for Judicial Notice, Supplemental Declaration of Dean S. Kristy ISO Defendants' Motion to Dismiss Complaint filed byAntonio J. Gracias, Elon Musk, Kimbal Musk, Jeffrey B. Straubel, Tesla, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Related document(s)[33], [34]) (Kristy, Dean) (Filed on 5/17/2019)
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              Legal Document 34 Filed: 5/17/2019, Entered: 5/17/2019 Request For Judicial Notice
              Request for Judicial Notice re [33] Reply to Opposition/Response, Defendants' Opposition to Plaintiffs' Request for Judicial Notice and Supplemental Request for Judicial Notice ISO Motion to Dismiss Complaint filed byAntonio J. Gracias, Elon Musk, Kimbal Musk, Jeffrey B. Straubel, Tesla, Inc.. (Related document(s)[33]) (Kristy, Dean) (Filed on 5/17/2019)
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                Legal Document 33 Filed: 5/17/2019, Entered: 5/17/2019 Reply to Opposition/Response
                REPLY (re [22] MOTION to Dismiss Defendants' Notice of Motion and Motion to Dismiss Complaint; Memorandum of Points and Authorities In Support Thereof ) filed byAntonio J. Gracias, Elon Musk, Kimbal Musk, Jeffrey B. Straubel, Tesla, Inc.. (Kristy, Dean) (Filed on 5/17/2019)
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                  Legal Document 32 Filed: 4/22/2019, Entered: 4/22/2019 OrderCourt Filing
                  ORDER RESETTING INITIAL CASE MANAGEMENT CONFERENCE FROM SEPTEMBER 19, 2019 AT 11:00 AM TO SEPTEMBER 18, 2019 AT 11:00 AM. Initial Case Management Conference set for 9/18/2019 11:00 AM in San Jose, Courtroom 3, 5th Floor. Signed by Judge Beth Labson Freeman on 4/22/2019. (blflc1S, COURT STAFF) (Filed on 4/22/2019)
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                    Legal Document (Payment Possibly Required) 31 Filed: 4/17/2019, Entered: 4/17/2019 Errata
                    ERRATA re [29] Opposition/Response to Motion, by John A Olagues, Ray Wollney. (Green, Robert) (Filed on 4/17/2019)
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                      Legal Document 30 Filed: 4/5/2019, Entered: 4/5/2019 Request For Judicial Notice
                      Request for Judicial Notice re [29] Opposition/Response to Motion, filed byJohn A Olagues, Ray Wollney. (Related document(s)[29]) (Green, Robert) (Filed on 4/5/2019)
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                        Legal Document 29 Filed: 4/5/2019, Entered: 4/5/2019 Opposition/Response to Motion
                        OPPOSITION/RESPONSE (re [22] MOTION to Dismiss Defendants' Notice of Motion and Motion to Dismiss Complaint; Memorandum of Points and Authorities In Support Thereof ) filed byJohn A Olagues, Ray Wollney. (Attachments: # (1) Declaration of Robert S. Green, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D)(Green, Robert) (Filed on 4/5/2019)
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                        Legal Document 28 Filed: 3/11/2019, Entered: 3/11/2019 OrderCourt Filing
                        STIPULATION AND ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES (granting [27]). Case Management Statement due by 9/12/2019. Initial Case Management Conference set for 9/19/2019 11:00 AM in San Jose, Courtroom 3, 5th Floor. Signed by Judge Beth Labson Freeman on 3/11/2019. (blflc1S, COURT STAFF) (Filed on 3/11/2019)
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                          Legal Document (Payment Possibly Required) 27 Filed: 3/8/2019, Entered: 3/8/2019, Terminated: 3/11/2019 stipulation
                          STIPULATION WITH PROPOSED ORDER Continuing Initial Case Management Conference Scheduled For April 11, 2019 and Associated Deadlines filed by Antonio J. Gracias, Elon Musk, Kimbal Musk, Jeffrey B. Straubel, Tesla, Inc.. (Caloza, Alexis) (Filed on 3/8/2019)
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                            Legal Document (Payment Possibly Required) 26 Filed: 2/5/2019, Entered: 2/5/2019 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options
                            ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Green, Robert) (Filed on 2/5/2019)
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                              Legal Document (Payment Possibly Required) 25 Filed: 2/5/2019, Entered: 2/5/2019 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options
                              ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Green, Robert) (Filed on 2/5/2019)
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                                Legal Document (Payment Possibly Required) 24 Filed: 1/28/2019, Entered: 1/28/2019 Request For Judicial Notice
                                Request for Judicial Notice re [23] Declaration in Support,, [22] MOTION to Dismiss Defendants' Notice of Motion and Motion to Dismiss Complaint; Memorandum of Points and Authorities In Support Thereof filed byAntonio J. Gracias, Elon Musk, Kimbal Musk, Jeffrey B. Straubel, Tesla, Inc.. (Related document(s)[23], [22]) (Kristy, Dean) (Filed on 1/28/2019)
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                                  Legal Document (Payment Possibly Required) 23 Filed: 1/28/2019, Entered: 1/28/2019 Declaration in Support
                                  Declaration of Dean S, Kristy in Support of [22] MOTION to Dismiss Defendants' Notice of Motion and Motion to Dismiss Complaint; Memorandum of Points and Authorities In Support Thereof filed byAntonio J. Gracias, Elon Musk, Kimbal Musk, Jeffrey B. Straubel, Tesla, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10)(Related document(s)[22]) (Kristy, Dean) (Filed on 1/28/2019)
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                                    Legal Document 22 Filed: 1/28/2019, Entered: 1/28/2019 Motion to DismissCourt Filing
                                    MOTION to Dismiss Defendants' Notice of Motion and Motion to Dismiss Complaint; Memorandum of Points and Authorities In Support Thereof filed by Antonio J. Gracias, Elon Musk, Kimbal Musk, Jeffrey B. Straubel, Tesla, Inc.. Motion Hearing set for 7/25/2019 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 4/5/2019. Replies due by 5/17/2019. (Attachments: # (1) Proposed Order Proposed Order Granting Defendants' Motion to Dismiss)(Kristy, Dean) (Filed on 1/28/2019)
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                                    Legal Document (Payment Possibly Required) 21 Filed: 1/25/2019, Entered: 1/25/2019 Order on StipulationCourt Filing
                                    STIPULATION AND ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS THE COMPLAINT (granting [20]). Signed by Judge Beth Labson Freeman on 1/25/2019.(blflc1S, COURT STAFF) (Filed on 1/25/2019)
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                                      Legal Document (Payment Possibly Required) 20 Filed: 1/24/2019, Entered: 1/24/2019, Terminated: 1/25/2019 stipulation
                                      STIPULATION WITH PROPOSED ORDER Setting Briefing and Hearing Schedule for Defendants' Motion to Dismiss the Complaint filed by Antonio J. Gracias, Elon Musk, Kimbal Musk, Jeffrey B. Straubel, Tesla, Inc.. (Muck, Kevin) (Filed on 1/24/2019)
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                                        Legal Document (Payment Possibly Required) 19 Filed: 1/24/2019, Entered: 1/24/2019 Notice of appearance
                                        NOTICE of Appearance by Alexis I. Caloza (Caloza, Alexis) (Filed on 1/24/2019)
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                                          Legal Document (Payment Possibly Required) 18 Filed: 12/14/2018, Entered: 12/14/2018 Clerks Notice
                                          CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE AFTER REASSIGNMNET.Case Management Statement due by 4/4/2019. Initial Case Management Conference set for 4/11/2019 11:00 AM in San Jose, Courtroom 3, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.)(tshS, COURT STAFF) (Filed on 12/14/2018)
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                                            Legal Document (Payment Possibly Required) 17 Filed: 12/11/2018, Entered: 12/11/2018 Order Reassigning CaseCourt Filing
                                            ORDER REASSIGNING CASE. Case reassigned to Judge Beth Labson Freeman for all further proceedings pursuant to Clerk's Notice of Impending Reassignment to a U.S. District Judge. 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. Magistrate Judge Nathanael M. Cousins remains as referral judge assigned to the case. Reassignment Order signed by Executive Committee on 12/11/2018. (Attachments: # (1) Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 12/11/2018)
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                                              Legal Document (Payment Possibly Required) 16 Filed: 12/10/2018, Entered: 12/10/2018 Clerk's Notice of Impending Reassignment - Text OnlyCourt Filing
                                              CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 12/10/2018)
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                                                Legal Document (Payment Possibly Required) 15 Filed: 12/7/2018, Entered: 12/7/2018 Consent/Declination to Proceed Before a US Magistrate JudgeCourt Filing
                                                CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Antonio J. Gracias, Elon Musk, Kimbal Musk, Jeffrey B. Straubel, Tesla, Inc... (Muck, Kevin) (Filed on 12/7/2018)
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                                                  Legal Document (Payment Possibly Required) 14 Filed: 12/7/2018, Entered: 12/7/2018 Certificate of Interested Entities
                                                  Certificate of Interested Entities by Antonio J. Gracias, Elon Musk, Kimbal Musk, Jeffrey B. Straubel, Tesla, Inc. (Muck, Kevin) (Filed on 12/7/2018)
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                                                    Legal Document (Payment Possibly Required) 13 Filed: 12/7/2018, Entered: 12/7/2018 Notice of appearance
                                                    NOTICE of Appearance by Kevin Peter Muck (Muck, Kevin) (Filed on 12/7/2018)
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                                                      Legal Document (Payment Possibly Required) 12 Filed: 12/5/2018, Entered: 12/5/2018 waiver of service executed
                                                      WAIVER OF SERVICE Returned Executed filed by John A Olagues, Ray Wollney. Service waived by Tesla, Inc. waiver sent on 11/28/2018, answer due 1/28/2019. (Green, Robert) (Filed on 12/5/2018)
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                                                        Legal Document (Payment Possibly Required) 11 Filed: 12/5/2018, Entered: 12/5/2018 waiver of service executed
                                                        WAIVER OF SERVICE Returned Executed filed by John A Olagues, Ray Wollney. Service waived by Kimbal Musk waiver sent on 11/28/2018, answer due 1/28/2019. (Green, Robert) (Filed on 12/5/2018)
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                                                          Legal Document (Payment Possibly Required) 10 Filed: 12/5/2018, Entered: 12/5/2018 waiver of service executed
                                                          WAIVER OF SERVICE Returned Executed filed by John A Olagues, Ray Wollney. Service waived by Jeffrey B. Straubel waiver sent on 11/28/2018, answer due 1/28/2019. (Green, Robert) (Filed on 12/5/2018)
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                                                            Legal Document 9 Filed: 12/5/2018, Entered: 12/5/2018 waiver of service executed
                                                            WAIVER OF SERVICE Returned Executed filed by John A Olagues, Ray Wollney. Service waived by Elon Musk waiver sent on 11/28/2018, answer due 1/28/2019. (Green, Robert) (Filed on 12/5/2018)
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                                                              Legal Document (Payment Possibly Required) 8 Filed: 12/5/2018, Entered: 12/5/2018 waiver of service executed
                                                              WAIVER OF SERVICE Returned Executed filed by John A Olagues, Ray Wollney. Service waived by Antonio J. Gracias waiver sent on 11/28/2018, answer due 1/28/2019. (Green, Robert) (Filed on 12/5/2018)
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                                                                Legal Document (Payment Possibly Required) 7 Filed: 12/3/2018, Entered: 12/3/2018 Consent/Declination to Proceed Before a US Magistrate JudgeCourt Filing
                                                                CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by John A Olagues, Ray Wollney.. (Green, Robert) (Filed on 12/3/2018)
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                                                                  Legal Document (Payment Possibly Required) 6 Filed: 11/29/2018, Entered: 11/29/2018 Clerk's Notice re: Consent or Declination
                                                                  CLERK'S NOTICE REGARDING Consent or Declination: All parties shall file a consent or declination to proceed before a magistrate judge by 12/13/2018. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (lmh, COURT STAFF) (Filed on 11/29/2018)
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                                                                    Legal Document (Payment Possibly Required) 5 Filed: 11/27/2018, Entered: 11/27/2018 Summons issued
                                                                    Summons Issued as to Antonio J. Gracias, Elon Musk, Kimbal Musk, Jeffrey B. Straubel, Tesla, Inc. (sfbS, COURT STAFF) (Filed on 11/27/2018)
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                                                                      Legal Document (Payment Possibly Required) 4 Filed: 11/27/2018, Entered: 11/27/2018 Initial Case Management Scheduling Order with ADR Deadlines
                                                                      Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/13/2019. Initial Case Management Conference set for 2/20/2019 10:00 AM in San Jose, Courtroom 7, 4th Floor. (sfbS, COURT STAFF) (Filed on 11/27/2018)
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                                                                        Legal Document (Payment Possibly Required) 3 Filed: 11/23/2018, Entered: 11/23/2018 Case Assigned by IntakeCourt Filing
                                                                        Case assigned to Judge Nathanael M. Cousins. 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. Consent/Declination due by 12/7/2018. (srnS, COURT STAFF) (Filed on 11/23/2018)
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                                                                          Legal Document (Payment Possibly Required) 2 Filed: 11/21/2018, Entered: 11/21/2018 Proposed Summons
                                                                          Proposed Summons. (Green, Robert) (Filed on 11/21/2018)
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                                                                            Legal Document 1 Filed: 11/21/2018, Entered: 11/21/2018 Complaint
                                                                            COMPLAINT FOR VIOLATION OF SECTION 16(b) OF THE EXCHANGE ACT against Antonio J. Gracias, Elon Musk, Kimbal Musk, Jeffrey B. Straubel, Tesla, Inc. ( Filing fee $ 400, receipt number 0971-12868183.). Filed byJohn A Olagues, Ray Wollney. (Attachments: # (1) Civil Cover Sheet)(Green, Robert) (Filed on 11/21/2018)
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