Williams v. Tesla, Inc.

Federal Civil Lawsuit California Northern District Court, Case No. 4:20-cv-08208-HSG
District Judge Haywood S. Gilliam Jr, presiding
Tags
District Judge Haywood S. Gilliam Jr
Last Updated February 8, 2023 at 12:07 PM EST (2 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Zachery Williams, Plaintiff

Represented by McCune Wright LLP

Name Phone Fax E-Mail
Space David C Wright +1 909 557 1250 +1 909 557 1275 dcw@mccunewright.com
v.
Tesla, Inc. Tesla, Inc., Defendant
Attributes
Office Oakland
Filed 11/20/2020
Jury Demand Plaintiff
Demand
Nature of Suit 195 - Contract Product Liability
Cause Section 28 U.S.C. § 1332 Diversity-Breach of Contract
Jurisdiction Diversity
Disposition
County Alameda
Terminated
Origin 1
Reopened
Lead Case
None
Related Case
None
Other Court Case None
Defendant Custody Status
Timeline
  Entries (79) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 79 Filed: 2/8/2023, Entered: None Judgment - Clerk
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Legal Document (Payment Possibly Required) 77 Filed: 2/6/2023, Entered: None Notice of Voluntary Dismissal
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Legal Document (Payment Possibly Required) 76 Filed: 2/6/2023, Entered: None Notice of Voluntary Dismissal
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Legal Document (Payment Possibly Required) 75 Filed: 2/3/2023, Entered: None Case Management Statement
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Legal Document (Payment Possibly Required) 74 Filed: 1/27/2023, Entered: None Order
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Legal Document (Payment Possibly Required) 72 Filed: 6/14/2022, Entered: None Reply to Opposition/Response
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Legal Document (Payment Possibly Required) 71 Filed: 5/27/2022, Entered: None Opposition/Response to Motion
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Legal Document (Payment Possibly Required) 70 Filed: 5/18/2022, Entered: None Set Motion and Deadlines/Hearings
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Legal Document (Payment Possibly Required) 69 Filed: 5/18/2022, Entered: None Stipulation and Proposed Order
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Legal Document (Payment Possibly Required) 68 Filed: 5/2/2022, Entered: None Dismiss
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Legal Document (Payment Possibly Required) 67 Filed: 4/20/2022, Entered: None Order on Stipulation
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Legal Document (Payment Possibly Required) 66 Filed: 4/19/2022, Entered: None Stipulation and Proposed Order
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Legal Document (Payment Possibly Required) 65 Filed: 4/18/2022, Entered: None Amended Complaint
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Legal Document 64 Filed: 3/28/2022, Entered: 3/28/2022 Order on Motion to DismissCourt Filing
ORDER by Judge Haywood S. Gilliam, Jr. GRANTING [58] MOTION TO DISMISS. Amended Pleadings due by 4/18/2022. (ndr, COURT STAFF) (Filed on 3/28/2022)
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Blank 63 Filed: 11/18/2021, Entered: 11/19/2021 Motion HearingCourt Filing
Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Motion Hearing held and Initial Case Management Conference NOT held on 11/18/2021.Total Time in Court: 22 minutes. Court Reporter: Raynee Mercado. Plaintiff Attorney: David Wright. Defendant Attorney: Michael Mallow and Rachel Straus. Motion to dismiss (docket no. [58]) is argued and submitted by the parties and taken under submission by the Court. Written order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 11/18/2021)
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Legal Document (Payment Possibly Required) 62 Filed: 11/15/2021, Entered: 11/15/2021 Case Management Statement
CASE MANAGEMENT STATEMENT and Proposed Order [Joint Statement] filed by John Diteman, Michael Ma, Zachery Williams. (Wright, David) (Filed on 11/15/2021)
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Blank 61 Filed: 11/15/2021, Entered: 11/15/2021 Clerks Notice
CLERK'S NOTICE RE DOCKET NOS. [57] and [58]. Notice is hereby given that the further case management conference and the hearing on the motion previously set for November 18, 2021 will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 11/15/2021)
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Legal Document (Payment Possibly Required) 60 Filed: 10/7/2021, Entered: 10/7/2021 Reply to Opposition/Response
REPLY (re [58] MOTION to Dismiss Plaintiff Michael Ma's Claims Alleged in the Second Amended Complaint ) filed byTesla, Inc.. (Mallow, Michael) (Filed on 10/7/2021)
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Legal Document (Payment Possibly Required) 59 Filed: 9/20/2021, Entered: 9/20/2021 Opposition/Response to Motion
OPPOSITION/RESPONSE (re [58] MOTION to Dismiss Plaintiff Michael Ma's Claims Alleged in the Second Amended Complaint ) filed byMichael Ma. (Wright, David) (Filed on 9/20/2021)
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Legal Document (Payment Possibly Required) 58 Filed: 8/23/2021, Entered: 8/23/2021, Terminated: 3/28/2022 Motion to DismissCourt Filing
MOTION to Dismiss Plaintiff Michael Ma's Claims Alleged in the Second Amended Complaint filed by Tesla, Inc.. Motion Hearing set for 11/18/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 9/20/2021. Replies due by 10/7/2021. (Attachments: # (1) Proposed Order)(Straus, Rachel) (Filed on 8/23/2021)
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Legal Document (Payment Possibly Required) 57 Filed: 8/11/2021, Entered: 8/11/2021 Order on StipulationCourt Filing
STIPULATION AND ORDER **AS MODIFIED BY THE COURT TO STAY PLAINTIFF ZACHERY WILLIAMS' AND JOHN DITEMAN'S CLAIMS, SETTING A BRIEFING SCHEDULE FOR TESLA'S MOTION TO DISMISS MA'S CLAIMS, AND TO CONTINUE THE CASE MANAGEMENT CONFERENCE by Judge Haywood S Gilliam, Jr granting [53] Stipulation. Motion to Dismiss due by 8/23/2021. Opposition due 9/20/2021. Reply due 10/7/2021. Further Case Management Conference and Hearing on Motion to Dismiss set for 11/18/2021 at 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr. (kcS, COURT STAFF) (Filed on 8/11/2021)
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Blank 56 Filed: 8/10/2021, Entered: 8/11/2021 terminate hearingsCourt Filing
Minute Entry for proceedings held before Judge Haywood S Gilliam, Jr: Further Case Management Conference held on 8/10/2021. Total Time in Court: 14 minutes. Not Reported. Plaintiff Attorney: David Wright. Defendant Attorney: Amir Nassihi; Michael Mallow. Court and parties discuss case management. Court grants the parties stipulation to stay claims and set a briefing schedule for motion to dismiss with the following modifications: Case management conference continued to 11/18/2021. Hearing on Mas motion to dismiss set for 11/18/2021 at 2:00 PM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Date Filed: 8/10/2021)
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Blank 55 Filed: 8/10/2021, Entered: 8/10/2021 Clerk's Notice Setting Zoom Hearing
CLERKS NOTICE CONVERTING PREVIOUSLY SET TELEPHONIC HEARING TO A ZOOM HEARING. Further Case Management Conference set for 8/10/2021 at 02:00 PM - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/hsg General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Filed on 8/10/2021)
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Blank 54 Filed: 8/9/2021, Entered: 8/9/2021 Order
ORDER by Hon. Haywood S. Gilliam, Jr. SETTING a telephonic case management conference on August 10, 2021, at 2:00 p.m. The parties do not need to file a joint statement, but should be prepared to discuss Dkt. No. [53] Stipulation to Stay Plaintiff Zachery Williams' and John Diteman's Claims, Setting a Briefing Schedule for Tesla's Motion to Dismiss Ma's Claims, and to Continue the Case Management Conference. All counsel shall use the following dial-in information to access the call:Dial-In: 888-808-6929;Passcode: 6064255For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 8/9/2021)
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Blank  Filed: None, Entered: None set/reset hearings
Set Hearing, See Docket No. [54]. Further Case Management Conference set for 8/10/2021 02:00 PM in Oakland, - Telephonic Only. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (ndrS, COURT STAFF) (Filed on 8/9/2021)
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Legal Document (Payment Possibly Required) 53 Filed: 8/6/2021, Entered: 8/6/2021, Terminated: 8/11/2021 stipulation
STIPULATION WITH PROPOSED ORDER to Stay Plaintiff Zachery Williams' and John Diteman's Claims, Setting a Briefing Schedule for Tesla's Motion to Dismiss Ma's Claims, and to Continue the Case Management Conference filed by Tesla, Inc., Zachery Williams, Michael Ma and John Diteman. (Mallow, Michael) (Filed on 8/6/2021) Modified on 8/9/2021 (bnsS, COURT STAFF).
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Blank 52 Filed: 8/4/2021, Entered: 8/4/2021 Clerks Notice
CLERK'S NOTICE RE DOCKET NO. [48]. Notice is hereby given that the case management conference previously set for August 24th will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 8/4/2021)
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Legal Document (Payment Possibly Required) 51 Filed: 8/3/2021, Entered: 8/3/2021 Order on StipulationCourt Filing
ORDER by Judge Haywood S. Gilliam, Jr. Granting [50] Stipulation to Continue the Deadline for Defendant to Respond to Plaintiffs' Second Amended Complaint. (ndrS, COURT STAFF) (Filed on 8/3/2021)
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Legal Document (Payment Possibly Required) 50 Filed: 7/30/2021, Entered: 7/30/2021, Terminated: 8/3/2021 stipulation
STIPULATION WITH PROPOSED ORDER to Continue the Deadline for Defendant to Respond to Plaintiffs' Second Amended Complaint filed by Tesla, Inc., Zachery Williams and Michael Ma. (Mallow, Michael) (Filed on 7/30/2021) Modified on 8/2/2021 (bnsS, COURT STAFF).
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Legal Document 49 Filed: 7/19/2021, Entered: 7/19/2021 Amended Complaint
SECOND AMENDED CLASS ACTION COMPLAINT with Jury Demand against Tesla, Inc.. Filed by Zachery Williams, Michael Ma, John Diteman. (Attachments: # (1) Exhibit 1 - SAMR Stmt, # (2) Exhibit 2 - Tesla Ltr, # (3) Exhibit 3 - Tesla Blog, # (4) Exhibit 4 - TSB 13-31-003, # (5) Exhibit 5 - TSB 17-31-001, # (6) Exhibit 6 - TSB 19-31-001, # (7) Exhibit 7 - Pl Williams Service Invoice, # (8) Exhibit 8 - Pl Ma Service Invoice, # (9) Exhibit 9 - Pl Diteman Service Invoice)(Wright, David) (Filed on 7/19/2021) Modified on 7/20/2021 (bnsS, COURT STAFF).
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Legal Document (Payment Possibly Required) 48 Filed: 7/6/2021, Entered: 7/6/2021 Order on StipulationCourt Filing
ORDER (as modified) by Judge Haywood S. Gilliam, Jr. Granting [47] (REVISED) Stipulation to Continue the Case Management Conference and Continue to Stay Plaintiff Zachary Williams' Claims. *Docket No. [46] is Terminated, Re-filed as Docket No. [47].* (ndrS, COURT STAFF) (Filed on 7/6/2021)
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Blank  Filed: None, Entered: None set deadlines/hearings
Set Hearing, See Docket No.[48] : Initial Case Management Conference set for 8/24/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor. (ndrS, COURT STAFF) (Filed on 7/6/2021)
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Legal Document (Payment Possibly Required) 47 Filed: 7/2/2021, Entered: 7/2/2021, Terminated: 7/6/2021 stipulation
STIPULATION WITH PROPOSED ORDER (REVISED) to Continue the Case Management Conference and Continue to Stay Plaintiff Zachary Williams' Claims filed by Tesla, Inc., Michael Ma, and Zachery Williams. (Mallow, Michael) (Filed on 7/2/2021) Modified on 7/6/2021 (bnsS, COURT STAFF).
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Legal Document (Payment Possibly Required) 46 Filed: 6/30/2021, Entered: 6/30/2021, Terminated: 7/6/2021 stipulation
STIPULATION WITH PROPOSED ORDER to Continue the Case Management Conference and Continue to Stay Plaintiff Zachary Williams' Claims filed by Tesla, Inc., Michael M and Zachery Williams. (Mallow, Michael) (Filed on 6/30/2021) Modified on 7/1/2021 (bnsS, COURT STAFF).
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Blank 45 Filed: 6/22/2021, Entered: 6/22/2021 Clerks Notice
CLERK'S NOTICE RE DOCKET NO. [34]. Notice is hereby given that the case management conference previously set for July 6th will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 6/22/2021)
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Legal Document 44 Filed: 6/21/2021, Entered: 6/21/2021 Order on Motion to DismissCourt Filing
ORDER by Judge Haywood S. Gilliam, Jr. Granting [36] Motion to Dismiss. Amended Pleadings due by 7/19/2021. (ndrS, COURT STAFF) (Filed on 6/21/2021)
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Blank 43 Filed: 6/9/2021, Entered: 6/9/2021 Order on Motion for Hearing
ORDER by Hon. Haywood S. Gilliam, Jr. DENYING Dkt. No. [39] Joint Motion for Hearing on Tesla's Motion to Dismiss Plaintiff Michael Ma's Claims. The Court takes the pending Dkt. No. [36] motion under submission. The hearing previously scheduled for June 10, 2021 is VACATED. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 6/9/2021)
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Blank 42 Filed: 6/1/2021, Entered: 6/1/2021 Clerks NoticeCourt Filing
CORRECTED CLERK'S NOTICE RE DOCKET NOS. [41]. Notice is hereby given that the hearing on [36] motion to dismiss, previously set for June 3, 2021, is continued to June 10, 2021 before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 6/1/2021)
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Blank 41 Filed: 6/1/2021, Entered: 6/1/2021 Clerks NoticeCourt Filing
CLERK'S NOTICE. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to [36] Amended MOTION to Dismiss Plaintiff Michael Ma's Claims Alleged in the First Amended Complaint.,. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. Motion Hearing set for 6/10/2021 02:00 PM in Oakland, - To be determined before Judge Haywood S Gilliam Jr.. (ndrS, COURT STAFF) (Filed on 6/1/2021)
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Blank 40 Filed: 5/28/2021, Entered: 5/28/2021 Clerks Notice
CLERK'S NOTICE RE DOCKET NO. [36]. Notice is hereby given that the hearing on the motion set for June 3rd will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 5/28/2021)
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Legal Document (Payment Possibly Required) 39 Filed: 5/27/2021, Entered: 5/27/2021, Terminated: 6/9/2021 Motion for Hearing
Joint MOTION for Hearing on Tesla's Motion to Dismiss Plaintiff Michael Ma's Claims filed by Tesla, Inc., and Michael Ma. (Mallow, Michael) (Filed on 5/27/2021) Modified on 5/28/2021 (bnsS, COURT STAFF).
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Legal Document (Payment Possibly Required) 38 Filed: 5/19/2021, Entered: 5/19/2021 Reply to Opposition/Response
REPLY (re [36] Amended MOTION to Dismiss Plaintiff Michael Ma's Claims Alleged in the First Amended Complaint ) filed byTesla, Inc.. (Attachments: # (1) Exhibit A - Model S Quick Guide)(Nassihi, Amir) (Filed on 5/19/2021)
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Legal Document 37 Filed: 4/28/2021, Entered: 4/28/2021 Opposition/Response to Motion
Plaintiff Michael Ma's Claims Alleged in the First Amended Complaint (re [36] Amended MOTION to Dismiss ) filed byMichael Ma. (Wright, David) (Filed on 4/28/2021) Modified on 4/29/2021 (bnsS, COURT STAFF).
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Legal Document (Payment Possibly Required) 36 Filed: 4/2/2021, Entered: 4/2/2021, Terminated: 6/21/2021 Motion to DismissCourt Filing
Amended MOTION to Dismiss Plaintiff Michael Ma's Claims Alleged in the First Amended Complaint filed by Tesla, Inc.. Motion Hearing set for 6/3/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 4/28/2021. Replies due by 5/19/2021. (Attachments: # (1) Exhibit A, # (2) Proposed Order)(Nassihi, Amir) (Filed on 4/2/2021)
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Legal Document (Payment Possibly Required) 35 Filed: 3/31/2021, Entered: 3/31/2021, Terminated: 4/5/2021 Motion to DismissCourt Filing
***RE-FILED, SEE DOCKET NO. [36]*** MOTION to Dismiss Plaintiff Michael Ma's Claims Alleged in the First Amended Complaint filed by Tesla, Inc.. Motion Hearing set for 6/3/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 4/28/2021. Replies due by 5/19/2021. (Attachments: # (1) Proposed Order)(Nassihi, Amir) (Filed on 3/31/2021) Modified on 4/5/2021 (bnsS, COURT STAFF).
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Legal Document (Payment Possibly Required) 34 Filed: 3/26/2021, Entered: 3/26/2021 Order on StipulationCourt Filing
ORDER by Judge Haywood S. Gilliam, Jr. Granting [33] Stipulation to Stay Plaintiff Zachery Williams' Claims and to Continue the Case Management Conference. Initial Case Management Conference set for 7/6/2021 02:00 PM.(ndrS, COURT STAFF) (Filed on 3/26/2021)
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Legal Document (Payment Possibly Required) 33 Filed: 3/25/2021, Entered: 3/25/2021, Terminated: 3/26/2021 stipulation
STIPULATION WITH PROPOSED ORDER to Stay Plaintiff Zachery Williams' Claims and to Continue the Case Management Conference filed by Tesla, Inc., Michael Ma, and Zachery Williams. (Nassihi, Amir) (Filed on 3/25/2021) Modified on 3/26/2021 (bnsS, COURT STAFF).
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Blank 32 Filed: 3/25/2021, Entered: 3/25/2021 Clerks Notice
CLERK'S NOTICE RE DOCKET NO. [30]. Notice is hereby given that the case management conference previously set for April 6, 2021 will be held telephonically. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.).(ndrS, COURT STAFF) (Filed on 3/25/2021)
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Legal Document (Payment Possibly Required) 31 Filed: 3/12/2021, Entered: 3/12/2021 Notice of change of address
NOTICE of Change of Address by Amir M. Nassihi (Nassihi, Amir) (Filed on 3/12/2021)
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Legal Document (Payment Possibly Required) 30 Filed: 2/25/2021, Entered: 2/25/2021 Order on StipulationCourt Filing
ORDER by Judge Haywood S. Gilliam, Jr. Granting [29] Stipulation For Extension of Time to Respond to Amended Complaint and Continuance of Case Management Conference. Motions due by 3/31/2021; Responses due by 4/28/2021; Replies due by 5/19/2021; and Initial Case Management Conference set for 4/6/2021 02:00 PM.(ndrS, COURT STAFF) (Filed on 2/25/2021)
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Legal Document (Payment Possibly Required) 29 Filed: 2/24/2021, Entered: 2/24/2021, Terminated: 2/25/2021 stipulation
STIPULATION WITH PROPOSED ORDER For Extension of Time to Respond to Amended Complaint and Continuance of Case Management Conference re [7] Amended Complaint, filed by Tesla, Inc., Michael Ma and Zachery Williams. (Nassihi, Amir) (Filed on 2/24/2021) Modified on 2/25/2021 (bnsS, COURT STAFF).
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Legal Document (Payment Possibly Required) 28 Filed: 2/9/2021, Entered: 2/9/2021 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 by Defendant Tesla, Inc. (Straus, Rachel) (Filed on 2/9/2021)
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Legal Document (Payment Possibly Required) 27 Filed: 2/1/2021, Entered: 2/1/2021 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 by Plaintiff Zachery Williams (Richards, Mark) (Filed on 2/1/2021)
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Legal Document (Payment Possibly Required) 26 Filed: 2/1/2021, Entered: 2/1/2021 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 by Plaintiff Michael Ma (Richards, Mark) (Filed on 2/1/2021)
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Legal Document (Payment Possibly Required) 25 Filed: 1/21/2021, Entered: 1/21/2021 Certificate of Interested Entities
Certificate of Interested Entities by Tesla, Inc. (Nassihi, Amir) (Filed on 1/21/2021)
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Legal Document (Payment Possibly Required) 24 Filed: 1/21/2021, Entered: 1/21/2021 Notice of Appearance
NOTICE of Appearance by Nalani Lin Crisologo (Crisologo, Nalani) (Filed on 1/21/2021)
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Legal Document (Payment Possibly Required) 23 Filed: 1/21/2021, Entered: 1/21/2021 Notice of Appearance
NOTICE of Appearance by Amir M. Nassihi (Nassihi, Amir) (Filed on 1/21/2021)
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Legal Document (Payment Possibly Required) 22 Filed: 1/21/2021, Entered: 1/21/2021 Notice of Appearance
NOTICE of Appearance by Rachel Aleeza Straus (Straus, Rachel) (Filed on 1/21/2021)
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Legal Document (Payment Possibly Required) 21 Filed: 1/21/2021, Entered: 1/21/2021 Notice of Appearance
NOTICE of Appearance by Michael Lawrence Mallow (Mallow, Michael) (Filed on 1/21/2021)
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Legal Document (Payment Possibly Required) 20 Filed: 1/18/2021, Entered: 1/18/2021 stipulation
STIPULATION for Extension of Time to Respond to Complaint re [7] Amended Complaint filed by Tesla, Inc., Michael Ma, and Zachery Williams. (Nassihi, Amir) (Filed on 1/18/2021) Modified on 1/19/2021 (bnsS, COURT STAFF).
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Blank 19 Filed: 12/10/2020, Entered: 12/10/2020 Clerks NoticeCourt Filing
CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for March 16, 2021, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by March 9th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:20-cv-08208-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 12/10/2020)
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Legal Document (Payment Possibly Required) 18 Filed: 12/9/2020, Entered: 12/9/2020 Order Reassigning CaseCourt Filing
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Judge Jeffrey S. White no longer assigned to case, Signed by the Clerk on 12/9/2020. (anjS, COURT STAFF) (Filed on 12/9/2020)
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Legal Document 17 Filed: 12/9/2020, Entered: 12/9/2020 Order of recusalCourt Filing
ORDER OF RECUSAL. Signed by Judge Jeffrey S. White on 12/9/20. (jjoS, COURT STAFF) (Filed on 12/9/2020)
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Legal Document (Payment Possibly Required) 16 Filed: 12/9/2020, Entered: 12/9/2020 OrderCourt Filing
ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge JEFFREY S. WHITE on 12/9/20.Joint Case Management Statement due by 3/5/2021. Initial Case Management Conference set for 3/12/2021 11:00 AM in Oakland, - Telephonic Only.This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 1-888-684-8852Access Code: 8583698#The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (jjoS, COURT STAFF) (Filed on 12/9/2020)
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Legal Document (Payment Possibly Required) 15 Filed: 12/9/2020, Entered: 12/9/2020 Order Reassigning CaseCourt Filing
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 12/09/2020. (Attachments: # (1) Notice of Eligibility for Video Recording)(mbcS, COURT STAFF) (Filed on 12/9/2020)
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Blank 14 Filed: 12/8/2020, Entered: 12/8/2020 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 either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. 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 AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 12/8/2020)
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Legal Document (Payment Possibly Required) 13 Filed: 12/7/2020, Entered: 12/7/2020 waiver of service executed
WAIVER OF SERVICE Returned Executed filed by Zachery Williams, Michael Ma. Service waived by Tesla, Inc. waiver sent on 12/1/2020, answer due 2/1/2021. (Wright, David) (Filed on 12/7/2020)
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Legal Document (Payment Possibly Required) 12 Filed: 12/7/2020, Entered: 12/7/2020 Consent/Declination to Proceed Before a US Magistrate JudgeCourt Filing
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Michael Ma, Zachery Williams.. (Wright, David) (Filed on 12/7/2020)
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Legal Document (Payment Possibly Required) 11 Filed: 12/2/2020, Entered: 12/2/2020 Notice of Appearance
NOTICE of Appearance by Steven Alan Haskins as Counsel for Plaintiffs (Haskins, Steven) (Filed on 12/2/2020)
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Legal Document (Payment Possibly Required) 10 Filed: 12/2/2020, Entered: 12/2/2020 Notice of Appearance
NOTICE of Appearance by Mark I. Richards as Counsel for Plaintiffs (Richards, Mark) (Filed on 12/2/2020)
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Legal Document (Payment Possibly Required) 9 Filed: 11/30/2020, Entered: 11/30/2020 Summons issued
Summons Issued as to Tesla, Inc. (hdjS, COURT STAFF) (Filed on 11/30/2020)
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Legal Document (Payment Possibly Required) 8 Filed: 11/25/2020, Entered: 11/25/2020 Proposed Summons
Proposed Summons. (Wright, David) (Filed on 11/25/2020)
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Legal Document 7 Filed: 11/25/2020, Entered: 11/25/2020 Amended Complaint
AMENDED COMPLAINT against All Defendants. Filed byZachery Williams, Michael Ma. (Attachments: # (1) Exhibit 1 - SAMR Statement, # (2) Exhibit 2 - Tesla Letter, # (3) Exhibit 3 - Tesla Blog Post, # (4) Exhibit 4 - TSB 13-31-003, # (5) Exhibit 5 - TSB-17-31-001, # (6) Exhibit 6 - TSB - 17-31-001, # (7) Exhibit 7 - Plaintiff Williams Invoice, # (8) Exhibit 8 - Plaintiff Ma Invoice, # (9) Affidavit Venue Affidavit - Plaintiff Ma)(Wright, David) (Filed on 11/25/2020)
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Legal Document (Payment Possibly Required) 6 Filed: 11/24/2020, Entered: 11/24/2020 Summons issued
Summons Issued as to Tesla, Inc.. (hdjS, COURT STAFF) (Filed on 11/24/2020)
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Legal Document (Payment Possibly Required) 5 Filed: 11/24/2020, Entered: 11/24/2020 Initial Case Management Scheduling Order with ADR Deadlines
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/15/2021. Initial Case Management Conference set for 2/22/2021 01:30 PM in San Francisco, Courtroom C, 15th Floor. (hdjS, COURT STAFF) (Filed on 11/24/2020)
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Blank 4 Filed: 11/23/2020, Entered: 11/23/2020 Case Assigned by IntakeCourt Filing
Case assigned to Magistrate Judge Sallie Kim. 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 12/7/2020. (mbcS, COURT STAFF) (Filed on 11/23/2020)
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Legal Document 3 Filed: 11/20/2020, Entered: 11/20/2020 Affidavit
AFFIDAVIT re [1] Complaint,, as to Consumer Legal Remedies Act Venue by Zachery Williams. (Wright, David) (Filed on 11/20/2020)
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Legal Document (Payment Possibly Required) 2 Filed: 11/20/2020, Entered: 11/20/2020 Proposed Summons
Proposed Summons. (Wright, David) (Filed on 11/20/2020)
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Legal Document 1 Filed: 11/20/2020, Entered: 11/20/2020 Complaint
COMPLAINT (Class Action) against Tesla, Inc. ( Filing fee $ 400, receipt number 0971-15224732.). Filed byZachery Williams. (Attachments: # (1) Exhibit 1 - China SAMR Statement, # (2) Exhibit 2 - Blog Post, # (3) Exhibit 3 - Tesla Letter to NHTSA, # (4) Exhibit 4 - Technical Service Bulletin 13-31-003, # (5) Exhibit 5 - Technical Service Bulletin 17-31-001, # (6) Exhibit 6 - Technical Service Bulletin 19-31-001, # (7) Exhibit 7 - Repair Invoice, # (8) Civil Cover Sheet)(Wright, David) (Filed on 11/20/2020)
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