Wang et al v. Tesla, Inc.
Federal Civil Lawsuit New York Eastern District Court, Case No. 1:20-cv-03040-NGG-SJB
District Judge Nicholas G. Garaufis, presiding

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Last Updated May 10, 2021 at 5:23 PM DT (2.3 days ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Jing, Wang, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael Richard Nelson +1 212 457 1668 +1 646 766 9945 nelson@nelson.legal
Space Stephanie Elizabeth Niehaus +1 440 897 1287 stephanie.niehaus@nelson.legal
No Logo Wai-Leung Chan, Plaintiff

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Name Phone Fax E-Mail
Space Michael Richard Nelson +1 212 457 1668 +1 646 766 9945 nelson@nelson.legal
Space Stephanie Elizabeth Niehaus +1 440 897 1287 stephanie.niehaus@nelson.legal
v.
Tesla, Inc. Tesla, Inc., Defendant
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Blank  order on motion for extension of time to file
ORDER: The Motion for Extension of Time to File Response/Reply [64] is granted. Mobileye, Inc. shall file any response to the Motion to Compel [52] by 5/17/2021. No further extensions will be granted. The Motion for Extension of Time to File [63] is moot in light of the subsequent motion. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/10/2021. (Farrell, Gillian)
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    Legal Document (Payment Possibly Required) 64 Filed: 5/7/2021, Entered: 5/7/2021, Terminated: 5/10/2021 motion for extension of time to file response/reply
    Letter MOTION for Extension of Time to File Response/Reply as to [52] Letter MOTION to Compel Production of Documents/Witness to Subpoena by Mobileye, Inc.. (Gaither, H.)
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      Legal Document (Payment Possibly Required) 63 Filed: 5/7/2021, Entered: 5/7/2021, Terminated: 5/10/2021 Motion for Extension of Time to File Document
      Letter MOTION for Extension of Time to File a Response to the Complaint by Mobileye, Inc.. (Gaither, H.)
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        Blank  Order on Motion for Leave to Appear Pro Hac Vice
        ORDER: The Motion of John Gray for Leave to Appear Pro Hac Vice [62] is granted. The attorney shall register for ECF, registration is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/6/2021. (Farrell, Gillian)
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          Legal Document (Payment Possibly Required) 62 Filed: 5/5/2021, Entered: 5/5/2021, Terminated: 5/6/2021 Motion for Leave to Appear Pro Hac Vice
          MOTION to Appear Pro Hac Vice of John Gray Filing fee $ 150, receipt number ANYEDC-14441508. by Mobileye, Inc.. (Attachments: # (1) Affidavit in Support, # (2) Certificate of Good Standing) (Gray, John)
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            Blank  Order on Motion for Extension of Time to File Response / Reply
            ORDER: The Motion for Extension of Time to File Response/Reply [61] is granted. Mobileye, Inc. shall file any response to the Motion to Compel [52] by 5/10/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/29/2021. (Farrell, Gillian)
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              Blank  Order on Motion for Extension of Time to File Response / Reply
              ORDER: The Motion for Extension of Time to File Response/Reply [61] is granted. Mobileye, Inc. shall file any response to the Motion to Compel [52] by 5/10/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/29/2021. (Farrell, Gillian)
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                Legal Document (Payment Possibly Required) 61 Filed: 4/28/2021, Entered: 4/28/2021, Terminated: 4/29/2021 motion for extension of time to file response/reply
                Letter MOTION for Extension of Time to File Response/Reply as to [52] Letter MOTION to Compel Production of Documents/Witness to Subpoena by Mobileye, Inc.. (Gaither, H.)
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                  Legal Document (Payment Possibly Required) 60 Filed: 4/21/2021, Entered: 4/21/2021 Notice - other
                  NOTICE by Wai-Leung Chan, Jing Wang of Filing of Certificate of Service (Attachments: # (1) Exhibit Exhibit A) (Nelson, Michael)
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                    Legal Document (Payment Possibly Required) 59 Filed: 4/19/2021, Entered: 4/19/2021 response in opposition to motion
                    RESPONSE in Opposition re [53] Letter MOTION to Compel Tesla to (1) properly respond to Plaintiffs First Set of Interrogatories and Request for Production of Documents; (2) provide a properly prepared technical Rule 30(b)(6) witness for deposition; and (3) make current and former filed by Tesla, Inc.. (Berard, Matthew)
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                      Legal Document 58 Filed: 4/18/2021, Entered: 4/18/2021 Response to motion
                      RESPONSE to Motion re [52] Letter MOTION to Compel Production of Documents/Witness to Subpoena Against Non-Party Mobileye filed by Tesla, Inc.. (Berard, Matthew)
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                        Blank  Order on Motion for Extension of Time to File Response / Reply
                        ORDER: The Motion for Extension of Time to File Response/Reply [56] is granted. Mobileye, Inc. shall file any response to the Motion to Compel [52] by 5/3/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/18/2021. (Farrell, Gillian)
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                          Legal Document (Payment Possibly Required) 57 Filed: 4/16/2021, Entered: 4/16/2021 Corporate Disclosure Statement
                          Corporate Disclosure Statement by Mobileye, Inc. identifying Corporate Parent Intel Corporation for Mobileye, Inc.. (Gaither, H.)
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                            Legal Document (Payment Possibly Required) 56 Filed: 4/16/2021, Entered: 4/16/2021, Terminated: 4/18/2021 motion for extension of time to file response/reply
                            Letter MOTION for Extension of Time to File Response/Reply as to [52] Letter MOTION to Compel Production of Documents/Witness to Subpoena by Mobileye, Inc.. (Gaither, H.)
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                              Legal Document (Payment Possibly Required) 55 Filed: 4/16/2021, Entered: 4/16/2021 Notice of appearance
                              NOTICE of Appearance by Margaret Katherine Meyers on behalf of Mobileye, Inc. (aty to be noticed) (Meyers, Margaret)
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                                Legal Document (Payment Possibly Required) 54 Filed: 4/16/2021, Entered: 4/16/2021 Notice of appearance
                                NOTICE of Appearance by H. Rowan Gaither on behalf of Mobileye, Inc. (aty to be noticed) (Gaither, H.)
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                                  Blank  Order
                                  ORDER: Plaintiffs shall file proof of service of the motion to compel [52] on third-party Mobileye, Inc. by 4/21/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/14/2021. (Farrell, Gillian)
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                                    Legal Document 53 Filed: 4/13/2021, Entered: 4/13/2021 Motion to compel
                                    Letter MOTION to Compel Tesla to (1) properly respond to Plaintiffs First Set of Interrogatories and Request for Production of Documents; (2) provide a properly prepared technical Rule 30(b)(6) witness for deposition; and (3) make current and former Tesla employees available for deposition in response to Plaintiffs deposition notices served on February 3, 2021 by Wai-Leung Chan, Jing Wang. (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) (Nelson, Michael)
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                                    Legal Document 52 Filed: 4/13/2021, Entered: 4/13/2021 Motion to compel
                                    Letter MOTION to Compel Production of Documents/Witness to Subpoena by Wai-Leung Chan, Jing Wang. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G) (Nelson, Michael)
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                                    Legal Document (Payment Possibly Required) 51 Filed: 3/25/2021, Entered: 3/25/2021 1 - Sealed Document CV
                                    MOTION for Leave to File Document Second Amended Complaint by Wai-Leung Chan, Jing Wang. (Attachments: # (1) Exhibit Proposed Second Amended Complaint, # (2) Memorandum in Opposition Memorandum in Opposition to Motion for Leave to File Second Amended Complaint, # (3) Memorandum in Support Reply in support of Motion for Leave to File Second Amended Complaint, # (4) Exhibit A. Javed Deposition Transcript, # (5) Exhibit NTSB Letter) (Nelson, Michael)
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                                      Legal Document (Payment Possibly Required) 50 Filed: 3/25/2021, Entered: 3/25/2021, Terminated: 3/25/2021 motion for extension of time to file response/reply
                                      Letter MOTION for Extension of Time to File Response/Reply by Wai-Leung Chan, Jing Wang. (Attachments: # (1) Proposed Order Third Stipulated Order to Establish Briefing Schedule on Plaintiffs' Motion for Leave to File Second Amended Complaint) (Nelson, Michael)
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                                        Blank  Order on Motion for Leave to Electronically File Document under Seal
                                        ORDER: The Motion for Leave to Electronically File Document under Seal [49] is granted. Plaintiffs may file portions of deposition transcripts designated as confidential under seal in connection with their reply. The Motion for Extension of Time to File Response/Reply [50] is granted. Plaintiffs shall file any reply by 3/26/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/25/2021. (Farrell, Gillian)
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                                          Legal Document (Payment Possibly Required) 49 Filed: 3/24/2021, Entered: 3/24/2021, Terminated: 3/25/2021 Motion for Leave to Electronically File Document under Seal
                                          MOTION for Leave to Electronically File Document under Seal by Wai-Leung Chan, Jing Wang. (Attachments: # (1) Exhibit Deposition Transcript, # (2) Exhibit Errata Sheet) (Nelson, Michael)
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                                            Blank  Order on Motion for Extension of Time to File Response / Reply
                                            ORDER: The Motion for Extension of Time to File Response/Reply [48] is granted. Plaintiffs shall file any reply by 3/25/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/18/2021. (Farrell, Gillian)
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                                              Legal Document (Payment Possibly Required) 48 Filed: 3/17/2021, Entered: 3/17/2021, Terminated: 3/18/2021 motion for extension of time to file response/reply
                                              Letter Submission of Second Stipulation to Establish Briefing Schedule on Plaintiffs Motion for Leave to File Second Amended Complaint by Wai-Leung Chan, Jing Wang (Attachments: # (1) SECOND STIPULATED ORDER TO ESTABLISH BRIEFING SCHEDULE ON PLAINTIFFS MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT) (Nelson, Michael) Modified on 3/18/2021 (Farrell, Gillian).
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                                                Legal Document (Payment Possibly Required) 47 Filed: 2/18/2021, Entered: 2/18/2021 response in opposition to motion
                                                RESPONSE in Opposition re [42] MOTION for Leave to File Document Second Amended Complaint Instanter filed by Tesla, Inc.. (Berard, Matthew)
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                                                  Legal Document 46 Filed: 2/18/2021, Entered: 2/18/2021 Order on motion to compelCourt Filing
                                                  ORDER: As stated in the attached Order, the Motion to Compel [34] is granted in part and denied in part. As stated in the attached, Docket Entries [44] and [45] are STRICKEN. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/18/2021. (Farrell, Gillian)
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                                                    Blank  terminate deadlines and hearings
                                                    ORDER: The hearing on the motion to compel scheduled for 2/18/2021 is adjourned sine die. The Court will promptly issue an order on the discovery issues raised in the parties' papers. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/18/2021. (Farrell, Gillian)
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                                                      Blank 45 Filed: 2/16/2021, Entered: 2/16/2021 letter
                                                      Letter Request to Strike Plaintiffs' Submission Docket 44 by Tesla, Inc. (Berard, Matthew)
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                                                        Blank 44 Filed: 2/15/2021, Entered: 2/15/2021 letter
                                                        Letter re Discovery Dispute Status Update by Wai-Leung Chan (Attachments: # (1) Javed Redacted Deposition Transcript, # (2) Berard Email, # (3) Correspondence, # (4) Branigan Email) (Nelson, Michael)
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                                                          Blank  Scheduling Order
                                                          SCHEDULING ORDER: A telephonic hearing on the motion to compel [34] will be held on 2/18/2021 at 3:00 PM before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the hearing. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/10/2021. (Farrell, Gillian)
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                                                            Blank  set deadlines
                                                            ORDER: The Stipulated Order To Establish Briefing Schedule On Plaintiffs' Motion For Leave To File Second Amended Complaint attached to Dkt. No. [43] is so-ordered. Defendant shall file any response to Plaintiff's Motion by 2/18/2021 and Plaintiffs shall file an reply by 3/18/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/3/2021. (Farrell, Gillian)
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                                                              Legal Document 43 Filed: 2/2/2021, Entered: 2/2/2021 letter
                                                              Letter Submission of Stipulated Order to Establish Briefing Schedule on Plaintiff's Motion for Leave to File Second Amended Complaint by Tesla, Inc. (Attachments: # (1) Proposed Order Stipulation for Entry of Order To Establish Briefing Schedule) (Berard, Matthew)
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                                                                Blank  Report of Mediation(Settled/Unsettled)
                                                                REPORT of Mediation Unsettled Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. Mediation Report due by 2/8/2021. (Priftakis, Tina)
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                                                                  Blank  Selection of Mediator
                                                                  SELECTION OF MEDIATOR: Ettie Ward selected as Mediator. The first mediation session took place on January 8, 2021. No resolution was reached. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned via e-mail nyed_adr@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. Report of Mediation due by 2/8/2021. (Priftakis, Tina)
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                                                                    Legal Document (Payment Possibly Required) 42 Filed: 1/21/2021, Entered: 1/21/2021 Motion for Leave to file document
                                                                    MOTION for Leave to File Document Second Amended Complaint by Wai-Leung Chan. (Attachments: # (1) Second Amended Complaint) (Nelson, Michael)
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                                                                      Legal Document 41 Filed: 12/30/2020, Entered: 12/30/2020 letter
                                                                      Letter Sur-Reply Brief re Discovery Dispute by Tesla, Inc. (Attachments: # (1) Exhibit Ex. A - Deposition Excerpts) (Berard, Matthew)
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                                                                        Legal Document (Payment Possibly Required) 40 Filed: 12/23/2020, Entered: 12/23/2020 letter
                                                                        Letter Brief Reply re Discovery Dispute by Wai-Leung Chan (Nelson, Michael)
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                                                                          Legal Document (Payment Possibly Required) 39 Filed: 12/17/2020, Entered: 12/17/2020 Notice of appearance
                                                                          NOTICE of Appearance by Jessica Bradburn Loucks on behalf of Wai-Leung Chan (notification declined or already on case) (Loucks, Jessica)
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                                                                            Blank  Order on Motion for Leave to Appear Pro Hac Vice
                                                                            ORDER: The Motion of Jessica Bradburn Loucks for Leave to Appear Pro Hac Vice [37] is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/16/2020. (Farrell, Gillian)
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                                                                              Blank  Order
                                                                              ORDER: Plaintiffs may file a reply brief of no longer than 2 pages by 12/23/2020 in connection with their motion to compel; Defendant may file a sur-reply no longer than 2 pages by 12/30/2020. No further briefing or argument will be permitted. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/16/2020. (Farrell, Gillian)
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                                                                                Blank  Order
                                                                                ORDER: The court respectfully refers the discovery dispute described in Plaintiffs' [34] December 8, 2020 Letter, Defendant's [36] December 12, 2020 Letter, and Plaintiffs' [38] December 15, 2020 Letter to Magistrate Judge Sanket J. Bulsara. Ordered by Judge Nicholas G. Garaufis on 12/16/2020. (Freund, Zachary)
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                                                                                  Legal Document (Payment Possibly Required) 38 Filed: 12/15/2020, Entered: 12/15/2020 letter
                                                                                  Letter Requesting Briefing or Telephonic Hearing re Discovery Dispute by Wai-Leung Chan (Nelson, Michael)
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                                                                                    Legal Document (Payment Possibly Required) 37 Filed: 12/15/2020, Entered: 12/15/2020, Terminated: 12/16/2020 Motion for Leave to Appear Pro Hac Vice
                                                                                    MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13840264. by Wai-Leung Chan. (Attachments: # (1) Affidavit, # (2) Cert. of Good Standing) (Loucks, Jessica)
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                                                                                      Legal Document (Payment Possibly Required) 36 Filed: 12/12/2020, Entered: 12/12/2020 letter
                                                                                      Letter Brief Response to Plaintiffs' December 8, 2020 Letter Brief re Discovery Dispute by Tesla, Inc. (Attachments: # (1) Exhibit A - Photograph of Subject Vehicle, # (2) Exhibit B - Excerpts of Deposition of W. Chan, # (3) Exhibit C - Documents and Correspondence from Progressive Claim) (Berard, Matthew)
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                                                                                        Legal Document (Payment Possibly Required) 35 Filed: 12/8/2020, Entered: 12/8/2020 OrderCourt Filing
                                                                                        ORDER: The Court adopts the Confidentiality Order proposed by Tesla, which was provided in Tesla's 11/6/2020 Letter to the Court [30], and which is attached to this Order. Plaintiffs have failed to demonstrate that on a global basis all information exchanged in discovery that is confidential should nonetheless be accessible to a group of unidentified insurers. To the extent that particular documents marked confidential need to be provided to any third-party not a party to the Confidentiality Order, the parties should meet and confer about the request and absent agreement, a party may seek relief from the Court via motion. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/8/2020. (Farrell, Gillian)
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                                                                                          Legal Document (Payment Possibly Required) 34 Filed: 12/8/2020, Entered: 12/8/2020, Terminated: 2/18/2021 Motion to compel
                                                                                          Letter re Discovery Dispute by Wai-Leung Chan (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D) (Nelson, Michael) Modified on 2/18/2021 (Farrell, Gillian).
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                                                                                            Legal Document (Payment Possibly Required) 33 Filed: 11/24/2020, Entered: 11/24/2020 OrderCourt Filing
                                                                                            ORDER: The Court has reviewed the parties' briefs regarding the issue of preservation of the Tesla. As explained in the attached, the Court determines that each of the parties should, by 12/8/2020, serve a Rule 45 subpoena upon Progressive Insurance to inspect the vehicle in person, and such inspection should be completed by 2/22/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/24/2020. (Farrell, Gillian)
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                                                                                              Blank  Order
                                                                                              ORDER: Defendant filed a discovery response on ECF. Reminder: Discovery materials unrelated to pending disputes or motions before this Court are not to be filed on ECF. The Clerk's Office is instructed to take down Document No. [31]. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/9/2020. (Farrell, Gillian)
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                                                                                                Legal Document (Payment Possibly Required) 32 Filed: 11/8/2020, Entered: 11/8/2020 letter
                                                                                                Letter responding to Tesla's submission related to the parties' efforts to reach agreement on a Protective Order by Wai-Leung Chan, Jing Wang (Attachments: # (1) Exhibit A) (Niehaus, Stephanie)
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                                                                                                  Blank 31 Filed: 11/6/2020, Entered: 11/6/2020 Notice - other
                                                                                                  Striken NOTICE by Tesla, Inc. OF RESPONSES AND OBJECTIONS TO PLAINTIFFS NOTICE OF VIDEOTAPED DEPOSITION DUCES TECUM OF TESLA, INC. (Berard, Matthew) Modified on 11/9/2020 (Farrell, Gillian).
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                                                                                                    Legal Document (Payment Possibly Required) 30 Filed: 11/6/2020, Entered: 11/6/2020 letterCourt Filing
                                                                                                    Letter to Magistrate Judge Sanket J. Bulsara re CPO by Tesla, Inc. (Branigan, Thomas)
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                                                                                                      Legal Document (Payment Possibly Required) 29 Filed: 11/4/2020, Entered: 11/4/2020 letter
                                                                                                      Letter Brief in Response to Plaintiffs' Letter Brief on Preservation of Subject Tesla by Tesla, Inc. (Berard, Matthew)
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                                                                                                        Legal Document (Payment Possibly Required) 28 Filed: 11/4/2020, Entered: 11/4/2020 letter
                                                                                                        Letter Brief in Response to Defendant's Letter Brief on Preservation of the Tesla by Wai-Leung Chan (Niehaus, Stephanie)
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                                                                                                          Blank  order on motion for extension of time to file
                                                                                                          ORDER: The Motion for Extension of Time to File [27] is granted. Parties shall file a joint Confidentiality and Protective Order by 11/6/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/1/2020. (Farrell, Gillian)
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                                                                                                            Legal Document (Payment Possibly Required) 27 Filed: 10/30/2020, Entered: 10/30/2020, Terminated: 11/1/2020 Motion for Extension of Time to File Document
                                                                                                            Letter MOTION for Extension of Time to File seven-day extension to submit a joint Confidentiality Protective Order by Tesla, Inc.. (Branigan, Thomas)
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                                                                                                              Legal Document (Payment Possibly Required) 26 Filed: 10/27/2020, Entered: 10/27/2020 letter
                                                                                                              Letter Brief/Plaintiffs Submission on the Question of Preservation of the Vehicle Involved in the Underlying Accident by Wai-Leung Chan, Jing Wang (Attachments: # (1) Exhibit to Letter Brief) (Niehaus, Stephanie)
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                                                                                                                Legal Document (Payment Possibly Required) 25 Filed: 10/27/2020, Entered: 10/27/2020 letter
                                                                                                                Letter Brief pursuant to the Court's October 16, 2020 Minute Entry requesting a letter brief re: Preservation of Vehicle by Tesla, Inc. (Attachments: # (1) Exhibit Exhibit A Communications, # (2) Exhibit Exhibit B Petition for Pre-Suit Discovery) (Fazio, Peter)
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                                                                                                                  Legal Document 24 Filed: 10/26/2020, Entered: 10/26/2020 Motion to Dismiss
                                                                                                                  First MOTION to Dismiss Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for Partial Dismissal of Plaintiffs First Amended Complaint and to strike certain Paragraphs of the Plaintiffs Amended Complaint pursuant to Rule 12(f). by Tesla, Inc.. (Attachments: # (1) Memorandum in Support, # (2) Exhibit Exhibit A Owner's Manual, # (3) Memorandum in Opposition, # (4) Memorandum in Support Reply Memorandum in Support) (Fazio, Peter)
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                                                                                                                  Blank  Mediation Instructions
                                                                                                                  MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina)
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                                                                                                                    Blank  Order referring case to mediation
                                                                                                                    ORDER REFERRING CASE to Mediation: This case is referred to the EDNY Mediation Panel. For assistance with any questions about the mediation process or the selection of a mediator, counsel are invited to contact EDNY ADR Administrator Robyn Weinstein at (718) 613-2578. The mediation shall be completed by 1/31/2021. Selection of Mediator due by 10/30/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/16/2020. (Manson, Eddie)
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                                                                                                                      Blank  Initial Conference Hearing
                                                                                                                      Minute Entry and Order for proceedings held before Magistrate Judge Sanket J. Bulsara: An initial/telephone conference was held on 10/16/2020; all parties were present. The parties shall submit a joint certification that discovery has been completed by 10/15/2021. Deadlines set based on parties' submitted joint discovery worksheet and are as follow: Completion of all discovery by 10/15/2021; motion to join new parties or amend the pleadings shall be filed by 1/21/2021. Plaintiffs experts report shall be completed by 7/1/2021; Plaintiff's experts must be produced for deposition by 7/20/2021; Defendants expert report shall be completed by 8/16/2021; rebuttal expert reports, if any must be produced by 10/1/2021. Any protective order shall be submitted to the Court by 10/30/2020; the last date to take the first step in dispositive motion practice shall be 11/15/2021. The parties shall submit simultaneous briefs on the question of the preservation of the Tesla involved in the accident by 10/27/2020; simultaneous response briefs shall be filed by 11/4/2020. Reply submissions are not permitted. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/16/2020. (AT&T Log #12:05-12:44.) (Manson, Eddie)
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                                                                                                                        Legal Document (Payment Possibly Required) 23 Filed: 10/14/2020, Entered: 10/14/2020 Report of Rule 26.f Planning Meeting
                                                                                                                        REPORT of Rule 26(f) Planning Meeting (Niehaus, Stephanie)
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                                                                                                                          Blank  Order on Motion for Leave to Appear Pro Hac Vice
                                                                                                                          ORDER: The Motions to Appear Pro Has Vice [21] [22] are hereby granted. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/30/2020. (Farrell, Gillian)
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                                                                                                                            Legal Document (Payment Possibly Required) 22 Filed: 9/29/2020, Entered: 9/29/2020, Terminated: 9/30/2020 Motion for Leave to Appear Pro Hac Vice
                                                                                                                            MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13441944. by Tesla, Inc.. (Attachments: # (1) Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # (2) Michigan Certificate of Good Standing re Thomas P. Branigan, # (3) Ohio Certificate of Good Standing re Thomas P. Branigan, # (4) Illinois Certificate of Good Standing re Thomas P. Branigan) (Branigan, Thomas)
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                                                                                                                              Legal Document (Payment Possibly Required) 21 Filed: 9/29/2020, Entered: 9/29/2020, Terminated: 9/30/2020 Motion for Leave to Appear Pro Hac Vice
                                                                                                                              MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number BNYEDC-13439282. by Tesla, Inc.. (Attachments: # (1) Affidavit, # (2) Admission Information Illinois Certificate of Good Standing, # (3) Admission Information Indiana Certificate of Good Standing, # (4) Admission Information Mass Certificate of Good Standing, # (5) Admission Information Michigan Certificate of Good Standing, # (6) Admission Information Missouri Certificate of Good Standing, # (7) Admission Information Ohio Certificate of Good Standing) (Berard, Matthew)
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                                                                                                                                Legal Document 20 Filed: 9/21/2020, Entered: 9/21/2020 letter
                                                                                                                                Letter Status Update to Court re: Filing of Partial Answer to First Amended Complaint and Service of Pre-Answer Motion to Dismiss and Strike by Tesla, Inc. (Fazio, Peter)
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                                                                                                                                  Legal Document 19 Filed: 9/21/2020, Entered: 9/21/2020 Answer to amended complaint
                                                                                                                                  First ANSWER to [18] Amended Complaint by Tesla, Inc.. (Fazio, Peter)
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                                                                                                                                    Blank  Order on Motion to dismiss for failure to state a claim
                                                                                                                                    ORDER re: Defendant's [16] Motion to Dismiss for Failure to State a Claim. Motion terminated, docketed prematurely pursuant to the court's Individual Rule III.B.1. Defendant must serve its response to Plaintiff's Amended Complaint by September 21, 2020. If Defendant timely serves a motion to dismiss, Plaintiff is DIRECTED to serve its opposition by October 12, 2020, and Defendant is DIRECTED to serve its reply and file the fully briefed motion by October 26, 2020. So Ordered by Judge Nicholas G. Garaufis on 9/2/2020.` (Lee, Tiffeny)
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                                                                                                                                      Legal Document 18 Filed: 8/31/2020, Entered: 8/31/2020 Amended Complaint
                                                                                                                                      AMENDED COMPLAINT against Tesla, Inc., filed by Wai-Leung Chan. (Niehaus, Stephanie)
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                                                                                                                                        Blank  Order on Motion for Pre Motion Conference
                                                                                                                                        ORDER re: Defendant's [13] Application for a Pre-Motion Conference. Defendant's Application is DENIED. Plaintiff is DIRECTED to serve its opposition to Defendant's Motion to Dismiss [16] by September 7, 2020, and Defendant is DIRECTED to serve its reply, and file the fully briefed motion, by September 21, 2020. Ordered by Judge Nicholas G. Garaufis on 8/11/2020 (Freund, Zachary)
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                                                                                                                                          Legal Document 17 Filed: 8/10/2020, Entered: 8/10/2020 Answer to Complaint
                                                                                                                                          ANSWER to [2] Complaint by Tesla, Inc.. (Fazio, Peter)
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                                                                                                                                            Legal Document (Payment Possibly Required) 16 Filed: 8/10/2020, Entered: 8/10/2020, Terminated: 9/2/2020 Motion to dismiss for failure to state a claim
                                                                                                                                            First MOTION to Dismiss for Failure to State a Claim Partial Motion to Dismiss Pursuant to Rule 12(b)(6), First MOTION to Strike [2] Complaint Paragraphs 13, 14, 16, 17, 18 and 19 of the Fact section of the Complaint by Tesla, Inc.. (Attachments: # (1) Memorandum in Support In Support Pre-Answer Motion to Dismiss and Strike, # (2) Exhibit Exhibit A Owner's Manual) (Fazio, Peter)
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                                                                                                                                              Legal Document (Payment Possibly Required) 15 Filed: 8/10/2020, Entered: 8/10/2020 Corporate Disclosure Statement
                                                                                                                                              Corporate Disclosure Statement by Tesla, Inc. (Fazio, Peter)
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                                                                                                                                                Legal Document 14 Filed: 8/3/2020, Entered: 8/3/2020 Scheduling OrderCourt Filing
                                                                                                                                                SCHEDULING ORDER: An initial/telephone conference will be held at 12:00 PM on 10/16/2020 before Magistrate Judge Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the 12:00 PM conference. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 10/16/2020. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case.Ordered by Magistrate Judge Sanket J. Bulsara on 8/3/2020. (Manson, Eddie)
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                                                                                                                                                  Blank  Order on Motion for extension of time to answer
                                                                                                                                                  ORDER: The motion for extension of time to answer portion of the motion at Dkt. No. [13] is granted. Defendant Tesla, Inc. shall file an answer or otherwise respond to the Complaint by 8/13/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/3/2020. (Ferrara, Anthony)
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                                                                                                                                                    Legal Document (Payment Possibly Required) 13 Filed: 7/31/2020, Entered: 7/31/2020, Terminated: 8/3/2020 motion for extension of time to file answer
                                                                                                                                                    MOTION for Extension of Time to File Answer , MOTION for Pre Motion Conference by Tesla, Inc.. (Fazio, Peter) Modified to correct event and descriptive text from motion to dismiss to motion for premotion conference on 8/3/2020 (Lee, Tiffeny).
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                                                                                                                                                      Legal Document (Payment Possibly Required) 12 Filed: 7/9/2020, Entered: 7/9/2020 Notice of appearance
                                                                                                                                                      NOTICE of Appearance by Stephanie Elizabeth Niehaus on behalf of All Plaintiffs (aty to be noticed) (Niehaus, Stephanie)
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                                                                                                                                                        Legal Document (Payment Possibly Required) 11 Filed: 7/8/2020, Entered: 7/8/2020 Clerks Notice of Rule 73
                                                                                                                                                        In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla)
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                                                                                                                                                          Legal Document (Payment Possibly Required) 10 Filed: 7/8/2020, Entered: 7/8/2020 Case Transferred In - District Transfer (DEACTIVATED EVENT - DO NOT USE)
                                                                                                                                                          Case transferred in from District of New York Southern; Case Number 1:20-cv-04218. Original file certified copy of transfer order and docket sheet received.
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                                                                                                                                                            Blank  ECF Admission and Registration Notification - Transfer
                                                                                                                                                            The case of Wang et al v. Tesla, Inc., has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 20cv3040. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla)
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                                                                                                                                                              Legal Document (Payment Possibly Required) 9 Filed: 6/30/2020, Entered: 6/30/2020 Case Transferred Out to Another District
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                                                                                                                                                                Blank  Case Transferred Out to Another District
                                                                                                                                                                CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(ks) [Transferred from New York Southern on 7/8/2020.]
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                                                                                                                                                                  Legal Document (Payment Possibly Required) 8 Filed: 6/25/2020, Entered: 6/25/2020 Pretrial OrderCourt Filing
                                                                                                                                                                  NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on Friday, September 4, 2020 at 3:45 PM in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) (Initial Conference set for 9/4/2020 at 03:45 PM in Courtroom 906, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan). (Signed by Judge Alison J. Nathan on 6/25/2020) (rjm) [Transferred from New York Southern on 7/8/2020.]
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                                                                                                                                                                    Legal Document (Payment Possibly Required) 7 Filed: 6/24/2020, Entered: 6/24/2020, Terminated: 6/30/2020 motion to change venue
                                                                                                                                                                    MOTION to Transfer Case . Document filed by Wai-Leung Chan, Jing Wang..(Nelson, Michael) [Transferred from New York Southern on 7/8/2020.]
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                                                                                                                                                                      Legal Document (Payment Possibly Required) 6 Filed: 6/24/2020, Entered: 6/24/2020 waiver of service executed
                                                                                                                                                                      WAIVER OF SERVICE RETURNED EXECUTED. Tesla, Inc. waiver sent on 6/24/2020, answer due 8/24/2020. Document filed by Jing Wang; Wai-Leung Chan..(Nelson, Michael) [Transferred from New York Southern on 7/8/2020.]
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                                                                                                                                                                        Legal Document (Payment Possibly Required) 5 Filed: 6/18/2020, Entered: 6/18/2020 Summons issued
                                                                                                                                                                        ELECTRONIC SUMMONS ISSUED as to Tesla, Inc...(pne) [Transferred from New York Southern on 7/8/2020.]
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                                                                                                                                                                          Legal Document (Payment Possibly Required) 4 Filed: 6/17/2020, Entered: 6/17/2020 Notice - other
                                                                                                                                                                          REQUEST FOR ISSUANCE OF SUMMONS as to TESLA, INC., re: [2] Complaint. Document filed by Wai-Leung Chan, Jing Wang..(Nelson, Michael) [Transferred from New York Southern on 7/8/2020.]
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                                                                                                                                                                            Legal Document (Payment Possibly Required) 3 Filed: 6/5/2020, Entered: 6/5/2020 Staff Notes
                                                                                                                                                                            CIVIL COVER SHEET filed..(Nelson, Michael) [Transferred from New York Southern on 7/8/2020.]
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                                                                                                                                                                              Blank  Notice - other
                                                                                                                                                                              ***NOTICE TO ATTORNEY TO RE-FILE CIVIL COVER SHEET. Notice to Attorney Michael Richard Nelson. Attorney must re-file the Civil Cover Sheet using the event type Civil Cover Sheet found under the event list Other Documents. (pne) [Transferred from New York Southern on 7/8/2020.]
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                                                                                                                                                                                Blank  Case Assigned/Reassigned
                                                                                                                                                                                Case Designated ECF. (pne) [Transferred from New York Southern on 7/8/2020.]
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                                                                                                                                                                                  Blank  Magistrate Judge Selection
                                                                                                                                                                                  Magistrate Judge Barbara C. Moses 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. (pne) [Transferred from New York Southern on 7/8/2020.]
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                                                                                                                                                                                    Blank  Notice - other
                                                                                                                                                                                    CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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..(pne) [Transferred from New York Southern on 7/8/2020.]
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                                                                                                                                                                                      Legal Document (Payment Possibly Required) 2 Filed: 6/4/2020, Entered: 6/4/2020 Complaint
                                                                                                                                                                                      COMPLAINT against Tesla, Inc.. Document filed by Jing Wang, Wai-Leung Chan..(Nelson, Michael) [Transferred from New York Southern on 7/8/2020.]
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                                                                                                                                                                                        Blank  Notice - other
                                                                                                                                                                                        ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Richard Nelson to RE-FILE Document No. [1] Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the PDF must indicate what type of document is being filed; the word COMPLAINT must be entered on the first page. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the corrected PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. **DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS** Initial Pleading due by 6/9/2020. (pne) [Transferred from New York Southern on 7/8/2020.]
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                                                                                                                                                                                          Legal Document 1 Filed: 6/3/2020, Entered: 6/3/2020 Complaint
                                                                                                                                                                                          FILING ERROR - PDF ERROR -COMPLAINT against Tesla, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-20092428)Document filed by Wai-Leung Chan. (Attachments: # (1) Notice of Appearance, # (2) Civil Cover Sheet Civil Cover Sheet).(Nelson, Michael) Modified on 6/4/2020 (pne). [Transferred from New York Southern on 7/8/2020.] (Attachment 2 replaced on 3/24/2021) (Lee, Tiffeny).
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                                                                                                                                                                                            Blank  Notice - other
                                                                                                                                                                                            ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Michael Richard Nelson to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 6/8/2020. (pne) [Transferred from New York Southern on 7/8/2020.]
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