Young v. Tesla, Inc.

Federal Civil Lawsuit New Mexico District Court, Case No. 1:21-cv-00917-JB-SCY
District Judge James O. Browning, presiding
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District Judge James O. Browning
Last Updated September 26, 2022 at 1:43 PM EDT (2.3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Joel M Young, Plaintiff
v.
Tesla, Inc. Tesla, Inc., Defendant

Represented by Rodey Dickason Sloan Akin & Robb PA

Name Phone Fax E-Mail
Space Tyler M. Cuff +1 505 765 5900 +1 505 768 7395 tcuff@rodey.com
Attributes
Office Albuquerque
Filed 9/20/2021
Jury Demand Plaintiff
Demand
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1441 Petition for Removal
Jurisdiction Diversity
Disposition
County Sandoval
Terminated
Origin 2
Reopened
Lead Case
None
Related Case
None
Other Court Case 21cv1255[Thirteenth Judicial District Court]
Defendant Custody Status
Flag CONSENTPENDING
Timeline
  Entries (58) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 50 Filed: 9/26/2022, Entered: None Judgment
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Legal Document (Payment Possibly Required) 49 Filed: 9/22/2022, Entered: None Order on Motion to Dismiss
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Legal Document 48 Filed: 9/17/2022, Entered: 9/17/2022 Motion to Dismiss
MOTION to Dismiss Due to Settlement by Joel M Young. (Young, Joel)
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Blank 47 Filed: 9/14/2022, Entered: 9/14/2022 OrderCourt Filing
ORDER by Magistrate Judge Steven C. Yarbrough, having been informed that the parties reached a settlement, to submit closing documents by 10/14/2022, absent a request showing good cause for an extension. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ATTACHED.] (cm)
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Legal Document (Payment Possibly Required) 46 Filed: 9/14/2022, Entered: 9/14/2022 order on motion for miscellaneous reliefCourt Filing
ORDER by Magistrate Judge Steven C. Yarbrough granting [45] Joint Motion to Restart Deadlines. Objections to [40] Proposed Findings and Recommended Disposition are due within 3 weeks from entry of this Order. Responses to objections are due within 3 weeks from the date of filing of any objections. (cm)
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Legal Document 45 Filed: 9/13/2022, Entered: 9/13/2022, Terminated: 9/14/2022 Motion for Miscellaneous Relief
MOTION Restart case management deadlines re [43] Joint MOTION to Stay Case Deadlines Pending Settlement Conference, [44] Order on Motion to Stay by Joel M Young. (Young, Joel)
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Legal Document (Payment Possibly Required) 44 Filed: 8/26/2022, Entered: 8/26/2022 Order on Motion to stayCourt Filing
ORDER by Magistrate Judge Steven C. Yarbrough granting [43] Joint Motion to Stay. (cm)
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Legal Document 43 Filed: 8/24/2022, Entered: 8/24/2022, Terminated: 8/26/2022 Motion To Stay
Joint MOTION to Stay Case Deadlines Pending Settlement Conference by Tesla, Inc.. (Vittor, Joshua)
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Blank 42 Filed: 8/18/2022, Entered: 8/18/2022 order on motion for extension of time to fileCourt Filing
ORDER by Magistrate Judge Steven C. Yarbrough granting [41] Unopposed Motion for Extension of Time. Objections to [40] Proposed Findings and Recommended Disposition are due by 09/08/2022. Responses to another party's objections are due by 10/03/2022. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cm)
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Legal Document (Payment Possibly Required) 41 Filed: 8/17/2022, Entered: 8/17/2022, Terminated: 8/18/2022 Motion for Extension of Time
MOTION for Extension of Time to File objections by Joel M Young. (Young, Joel)
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Legal Document 40 Filed: 8/15/2022, Entered: 8/15/2022 Report and RecommendationsCourt Filing
REPORT AND RECOMMENDATIONS by Magistrate Judge Steven C. Yarbrough regarding [14] Motion to Dismiss. Objections to R&R due by 08/29/2022. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. (Fed. R. Civ. P. 6(d); Fed. R. Crim. P. 45(c).) (cm)
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Legal Document (Payment Possibly Required) 39 Filed: 7/29/2022, Entered: 7/29/2022 Response
Defendant Tesla, Inc's RESPONSE to Plaintiff's Notice of Supplemental Authorities re [38] Notice (Other) filed by Tesla, Inc.. (Vittor, Joshua)
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Legal Document (Payment Possibly Required) 38 Filed: 7/22/2022, Entered: 7/22/2022 Notice - Other
NOTICE by Joel M Young re [21] Response in Opposition to Motion Supplemental Authorities (Young, Joel)
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Legal Document (Payment Possibly Required) 37 Filed: 7/6/2022, Entered: 7/6/2022 Notice - Other
NOTICE by Tesla, Inc. re [35] Affidavit Certification of Good Standing (Cuff, Tyler)
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Blank 36 Filed: 7/6/2022, Entered: 7/6/2022 Association of Attorney Licensed Outside the District
ASSOCIATION of Attorney Licensed Outside the District for Defendant Tesla, Inc. by Tyler M. Cuff on behalf of: Joshua A. Vittor Wilmerhale 350 South Grand Avenue, Suite 2400Los Angeles, CA 90071 213-443-5375 Fax 213-443-5400 joshua.vittor@wilmerhale.com (Association Dues - Online Payment) (Cuff, Tyler)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Legal Document 35 Filed: 7/6/2022, Entered: 7/6/2022 Affidavit
AFFIDAVIT Tyler M. Cuff Certification of Joshua A. Vittor in Support of Application for Admission Pro Hac Vice by Tesla, Inc. (Cuff, Tyler)
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Blank  Filed: None, Entered: None Association Dues for Attorney Licensed Outside the District
Association Dues Received: $ 100 receipt number ANMDC-8352201 re: #[36] Association of Attorney Licensed Outside the District, filed by Tesla, Inc. (Payment made via Pay.gov)(Cuff, Tyler)
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Blank  Filed: None, Entered: None Association Dues for Attorney Licensed Outside the District
Association Dues Received: $ 100 receipt number ANMDC-8352201 re: #[36] Association of Attorney Licensed Outside the District, filed by Tesla, Inc. (Payment made via Pay.gov)(Cuff, Tyler)
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Legal Document (Payment Possibly Required) 34 Filed: 6/22/2022, Entered: 6/22/2022 Order on Motion for Leave to File Excess PagesCourt Filing
ORDER by Magistrate Judge Steven C. Yarbrough granting [20] Motion for Leave to File Excess Pages. (cm)
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Blank 33 Filed: 6/2/2022, Entered: 6/2/2022 Add and Terminate AttorneysCourt Filing
ORDER by Magistrate Judge Steven C. Yarbrough granting [30] Motion for Withdrawal. Attorney Daniel Crump is withdrawn as counsel for Tesla, Inc. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cm)
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Blank 32 Filed: 6/2/2022, Entered: 6/2/2022 Order on Motion to withdraw as attorneyCourt Filing
ORDER by Magistrate Judge Steven C. Yarbrough granting [26] Motion for Withdrawal. Attorneys Whitty Somvichian and Colin S. Scott are withdrawn as counsel for Tesla, Inc. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.](cm) Modified on 6/2/2022 (bp).
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Legal Document 31 Filed: 6/1/2022, Entered: 6/1/2022 Order Referring Case to Magistrate JudgeCourt Filing
ORDER REFERRING CASE to Magistrate Judge Steven C. Yarbrough by District Judge James O. Browning. (bap)
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Legal Document (Payment Possibly Required) 30 Filed: 5/3/2022, Entered: 5/3/2022, Terminated: 6/2/2022 Motion to Withdraw
MOTION to Withdraw as Counsel for Defendant Tesla, Inc.-Daniel Crump by Tesla, Inc.. (Cuff, Tyler)
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Legal Document 29 Filed: 1/26/2022, Entered: 1/26/2022 Reply to Response to motion
REPLY to Response to Motion re [14] MOTION to Dismiss the Complaint filed by Tesla, Inc.. (Cuff, Tyler)
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Legal Document 28 Filed: 1/19/2022, Entered: 1/19/2022 Notice - Other
NOTICE by Joel M Young of unavailability for 2/17/22 (Young, Joel) Modified text to add date on 1/20/2022 (bap).
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Legal Document (Payment Possibly Required) 27 Filed: 12/16/2021, Entered: 12/16/2021 Notice - Other
NOTICE by Tesla, Inc. Notice of Joint Stipulation Pursuant to Local Rule 7.4(a) to Set Deadlines for Briefing on Defendant's Motion to Dismiss the Complaint (Cuff, Tyler)
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Blank  Filed: None, Entered: None Association Dues for Attorney Licensed Outside the District
Association Dues Received: $ 100 receipt number ANMDC-8036135 re: #[23] Association of Attorney Licensed Outside the District, filed by Tesla, Inc. (Payment made via Pay.gov)(Cuff, Tyler)
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Legal Document 26 Filed: 12/13/2021, Entered: 12/13/2021, Terminated: 6/2/2022 Motion to withdraw as attorney
MOTION to Withdraw as Attorneys Colin S. Scott and Whitty Somvichian by Tesla, Inc.. (Scott, Colin) Modified text on 12/14/2021 (bap).
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Legal Document (Payment Possibly Required) 25 Filed: 12/13/2021, Entered: 12/13/2021 Notice - Other
NOTICE by Tesla, Inc. re [22] Association of Attorney Licensed Outside the District, Affidavit of Good Standing (Cuff, Tyler)
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Legal Document (Payment Possibly Required) 24 Filed: 12/13/2021, Entered: 12/13/2021 Notice - Other
NOTICE by Tesla, Inc. re [23] Association of Attorney Licensed Outside the District, Affidavit of Good Standing (Cuff, Tyler)
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Blank 23 Filed: 12/10/2021, Entered: 12/10/2021 Association of Attorney Licensed Outside the District
ASSOCIATION of Attorney Licensed Outside the District for Defendant Tesla, Inc. by Tyler M. Cuff on behalf of: David C. Marcus WilmerHale 350 South Grand Avenue, Suite 2400Los Angeles, CA 90071 213-443-5312 Fax 213-443-5400 david.marcus@wilmerhale.com (Association Dues - Online Payment) (Cuff, Tyler)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Blank 22 Filed: 12/10/2021, Entered: 12/10/2021 Association of Attorney Licensed Outside the District
ASSOCIATION of Attorney Licensed Outside the District for Defendant Tesla, Inc. by Tyler M. Cuff on behalf of: Daniel Crump WilmerHale 350 South Grand Avenue, Suite 2400Los Angeles, CA 90071 213-443-5377 Fax 213-443-5400 daniel.crump@wilmerhale.com (Association Dues - Online Payment) (Cuff, Tyler)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Legal Document 21 Filed: 12/10/2021, Entered: 12/10/2021 response in opposition to motion
RESPONSE in Opposition re [14] MOTION to Dismiss filed by Joel M Young. (Young, Joel)
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Blank  Filed: None, Entered: None Association Dues for Attorney Licensed Outside the District
Association Dues Received: $ 100 receipt number ANMDC-8029621 re: #[22] Association of Attorney Licensed Outside the District, filed by Tesla, Inc., [23] Association of Attorney Licensed Outside the District, filed by Tesla, Inc. (Payment made via Pay.gov)(Cuff, Tyler)
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Legal Document (Payment Possibly Required) 20 Filed: 11/24/2021, Entered: 11/24/2021, Terminated: 6/22/2022 Motion for Leave to File Excess Pages
MOTION for Leave to File Excess Pages by Joel M Young. (Young, Joel)
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Blank 19 Filed: 11/23/2021, Entered: 11/23/2021 Notice of Judge ReassignmentCourt Filing
PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge James O. Browning as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Magistrate Judge John F. Robbenhaar no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
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Legal Document (Payment Possibly Required) 18 Filed: 11/15/2021, Entered: 11/15/2021, Terminated: 11/17/2021 Motion to Extend (other)
NOTICE of Joint /Stipulated Request to Extend Time for The Parties to Brief Defendants Motion to Dismiss by Tesla, Inc.. (Scott, Colin) Modified on 11/17/2021 (arp).
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Blank 17 Filed: 11/15/2021, Entered: 11/15/2021 OrderCourt Filing
ORDER by Magistrate Judge Steven C. Yarbrough finding good cause to extend the time to issue the scheduling order pursuant to Federal Rule of Civil Procedure 16(b). The Court will delay the issuance of its Initial Scheduling Order pending resolution of [14] Motion to Dismiss. [THIS IS A TEXT ONLY ENTRY- NO DOCUMENTS ARE ATTACHED.] (cm)
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Blank 16 Filed: 11/10/2021, Entered: 11/10/2021 Notice of Consent Submission Deadline
NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 10 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (arp)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Legal Document (Payment Possibly Required) 15 Filed: 11/9/2021, Entered: 11/9/2021 Notice - Other
NOTICE by Tesla, Inc. re [14] MOTION to Dismiss : Defendants Request for Judicial Notice In Support of Its Motion To Dismiss Plaintiffs Complaint (Attachments: # (1) Exhibit 1 to Defendants Request for Judicial Notice ISO its Motion to Dismiss Plaintiffs Complaint, # (2) Exhibit 2 to Defendants Request for Judicial Notice ISO its Motion to Dismiss Plaintiffs Complaint, # (3) Exhibit 3 to Defendants Request for Judicial Notice ISO its Motion to Dismiss Plaintiffs Complaint) (Somvichian, Whitty)
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Legal Document 14 Filed: 11/9/2021, Entered: 11/9/2021 Motion to Dismiss
MOTION to Dismiss by Tesla, Inc.. (Somvichian, Whitty)
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Blank 13 Filed: 10/28/2021, Entered: 10/28/2021 Order on Motion for Extension of Time to File Response / ReplyCourt Filing
ORDER by Magistrate Judge Steven C. Yarbrough granting [12] Stipulated Motion for Extension. Defendant Telsa's deadline to file its responsive pleading or Rule 12(b) motion is extended to 11/09/2021. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cm)
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Legal Document 12 Filed: 10/26/2021, Entered: 10/26/2021, Terminated: 10/28/2021 Motion for Extension of Time to File Response/Reply
Joint MOTION for Extension of Time to File Response/Reply Re: Defendant Tesla, Inc.s Time to File Responsive Pleadings or 12(b) Motions. by Tesla, Inc.. (Scott, Colin)
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Blank 11 Filed: 10/13/2021, Entered: 10/13/2021 Order on Motion for Extension of Time to File Response / ReplyCourt Filing
ORDER by Magistrate Judge Steven C. Yarbrough granting [10] Stipulated Motion for Extension. Defendant Telsa's deadline to file its responsive pleading or Rule 12(b) motion is extended to 10/26/2021. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cm)
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Legal Document (Payment Possibly Required) 10 Filed: 10/11/2021, Entered: 10/11/2021, Terminated: 10/13/2021 Motion for Extension of Time to File Response/Reply
Joint MOTION for Extension of Time to File Response/Reply Time for Defendant Tesla, Inc. to File Responsive Pleadings or 12(b) Motions by Tesla, Inc.. (Cuff, Tyler)
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Legal Document (Payment Possibly Required) 9 Filed: 10/6/2021, Entered: 10/6/2021 Notice of Appearance
NOTICE of Appearance by Tyler M. Cuff on behalf of Tesla, Inc. (Cuff, Tyler)
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Legal Document (Payment Possibly Required) 8 Filed: 10/6/2021, Entered: 10/6/2021 Notice - Other
NOTICE by Tesla, Inc. Certification of Good Standing (Cuff, Tyler)
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Blank 7 Filed: 10/6/2021, Entered: 10/6/2021 Association of Attorney Licensed Outside the District
ASSOCIATION of Attorney Licensed Outside the District for Defendant Tesla, Inc. by Tyler M. Cuff on behalf of: Whitty Somvichian Cooley LLP 3 Embarcadero Center 20th FloorSan Francisco, CA 94111-4004 415-693-2000 Fax 415-693-2222 wsomvichian@colley.com (Association Dues - Online Payment) (Cuff, Tyler)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Blank 6 Filed: 10/6/2021, Entered: 10/6/2021 Association of Attorney Licensed Outside the District
ASSOCIATION of Attorney Licensed Outside the District for Defendant Tesla, Inc. by Tyler M. Cuff on behalf of: Colin S. Scott Cooley LLP 3 Embarcadero Center 20th FloorSan Francisco, CA 94111-4004 415-693-2000 Fax 415-693-2222 cscott@cooley.com (Association Dues - Online Payment) (Cuff, Tyler)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Blank  Filed: None, Entered: None Association Dues for Attorney Licensed Outside the District
Association Dues Received: $ 100 receipt number ANMDC-7928734 re: #[7] Association of Attorney Licensed Outside the District, filed by Tesla, Inc. (Payment made via Pay.gov)(Cuff, Tyler)
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Blank  Filed: None, Entered: None Association Dues for Attorney Licensed Outside the District
Association Dues Received: $ 100 receipt number ANMDC-7928718 re: #[6] Association of Attorney Licensed Outside the District, filed by Tesla, Inc. (Payment made via Pay.gov)(Cuff, Tyler)
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Legal Document (Payment Possibly Required) 5 Filed: 9/27/2021, Entered: 9/27/2021 Order on Motion to Extend (other)Court Filing
ORDER by Magistrate Judge Steven C. Yarbrough granting [4] ORDER on Motion to Extend. Responsive pleading due 10/12/2021. (kfo)
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Legal Document 4 Filed: 9/24/2021, Entered: 9/24/2021, Terminated: 9/27/2021 Motion to Extend (other)
Unopposed MOTION to Extend (other) Time for Defendant Tesla, Inc. to File Responsive Pleadings or 12(b) Motions by Tesla, Inc.. (Cuff, Tyler)
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Legal Document (Payment Possibly Required) 3 Filed: 9/20/2021, Entered: 9/20/2021 Appendix/Supplement
APPENDIX/SUPPLEMENT Civil Case Cover Sheet by Tesla, Inc. (Cuff, Tyler)
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Blank 2 Filed: 9/20/2021, Entered: 9/20/2021 Notice of Magistrate Judge Assignment (Text Only)Court Filing
PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge John F. Robbenhaar to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp)
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Legal Document (Payment Possibly Required) 1 Filed: 9/20/2021, Entered: 9/20/2021 Notice of Removal
NOTICE OF REMOVAL by Tesla, Inc. from Thirteenth Judicial District Court, case number D-1329-CV-2021-01255. ( Filing Fee - Online Payment), filed by Tesla, Inc.. (Cuff, Tyler)
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Blank  Filed: None, Entered: None Add and Terminate Judges
United States Magistrate Judge John F. Robbenhaar and United States Magistrate Judge Steven C. Yarbrough assigned. (arp)
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Blank  Filed: None, Entered: None Filing and Admin Fees Received
Filing and Administrative Fees Received: $ 402 receipt number ANMDC-7899070 re [1] Notice of Removal filed by Tesla, Inc. (Payment made via Pay.gov)(Cuff, Tyler)
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