Rasella v. Musk

Federal Civil Lawsuit New York Southern District Court, Case No. 1:22-cv-03026-ALC-GWG
Magistrate Judge Andrew L. Carter, Jr, presiding
Tags
Magistrate Judge Andrew L. Carter, Jr
Last Updated December 16, 2024 at 12:30 PM EST (4.1 weeks ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Marc Bain Rasella, Plaintiff

Represented by Block & Leviton LLP

Name Phone Fax E-Mail
Space Jeffrey Craig Block jeff@blockesq.com
v.
No Logo Elon Musk Revocable Trust Dated July 22, 2003, Defendant

Represented by Quinn Emanuel Urquhart & Sullivan, LLP

Name Phone Fax E-Mail
Space Jesse Bernstein +1 212 849 7036 jessebernstein@quinnemanuel.com
Space Alexander Benjamin Spiro +1 212 849 7000 +1 212 849 7100 alexspiro@quinnemanuel.com
Space Jacob J. Waldman +1 212 849 7173 jacobwaldman@quinnemanuel.com
Musk, Elon Reeve Musk, Elon Reeve, Defendant
Officially listed as "Elon R. Musk"
Tesla, Inc. CEO, Tesla, Inc., October 15, 2008 - Present
Beneficial Owner, Excession LLC
SolarCity Corporation Chairman of the Board, SolarCity Corporation
President, Musk Foundation
X Corp. CEO, X Corp.

Represented by Quinn Emanuel Urquhart & Sullivan, LLP

Name Phone Fax E-Mail
Space Jesse Bernstein +1 212 849 7036 jessebernstein@quinnemanuel.com
Space Alexander Benjamin Spiro +1 212 849 7000 +1 212 849 7100 alexspiro@quinnemanuel.com
Space Jacob J. Waldman +1 212 849 7173 jacobwaldman@quinnemanuel.com
No Logo Excession LLC, Defendant
No Logo Birchall, Jared, Defendant
Officially listed as "Jared Birchall"
Other Parties
Amalgamated Bank Amalgamated Bank, Movant

Represented by Rosen Law Firm PA

Name Phone Fax E-Mail
Space Phillip C. Kim +1 212 686 1060 +1 212 202 3827 philkim@rosenlegal.com
No Logo Partha Pratim Palit, Movant

Represented by Pomerantz LLP

Name Phone Fax E-Mail
Space Jeremy Alan Lieberman +1 212 661 1100 +1 212 661 8665 jalieberman@pomlaw.com
Attributes
Office Foley Square
Filed 4/12/2022
Jury Demand Plaintiff
Demand
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Cause Unknown
Jurisdiction Federal Question
Disposition
County NewYork
Terminated
Origin 1
Reopened
Lead Case
None
Related Case
None
Other Court Case None
Defendant Custody Status
Flags CASREF,ECF
Timeline
  Entries (131) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 117 Filed: 12/16/2024, Entered: None Notice of Change of Address
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Legal Document (Payment Possibly Required) 116 Filed: 12/13/2024, Entered: None Notice of Change of Address
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Legal Document (Payment Possibly Required) 115 Filed: 12/9/2024, Entered: None Notice of Change of Address
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Legal Document (Payment Possibly Required) 114 Filed: 9/9/2024, Entered: 9/9/2024 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [105] MOTION to Dismiss Lead Plaintiff's First Amended Complaint. . Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Bernstein, Jesse)
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Legal Document (Payment Possibly Required) 113 Filed: 8/20/2024, Entered: 8/20/2024 LetterCourt Filing
LETTER addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated August 20, 2024 re: Supplemental Authority. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit A).(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 112 Filed: 8/12/2024, Entered: 8/12/2024 Motion for Oral ArgumentCourt Filing
LETTER MOTION for Oral Argument addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated August 12, 2024. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document 111 Filed: 8/12/2024, Entered: 8/12/2024 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [105] MOTION to Dismiss Lead Plaintiff's First Amended Complaint. . Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 110 Filed: 7/22/2024, Entered: 7/22/2024 Notice of Appearance
NOTICE OF APPEARANCE by Emily An-Li Tu on behalf of Oklahoma Firefighters Pension and Retirement System..(Tu, Emily)
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Legal Document 109 Filed: 7/3/2024, Entered: 7/4/2024 Declaration in Support of Motion
DECLARATION of Jesse Bernstein in Support re: [105] MOTION to Dismiss Lead Plaintiff's First Amended Complaint.. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk. (Attachments: # (1) Exhibit A - Birchall Text Message Exchange (redacted), # (2) Exhibit B - Birchall Text Message Exchange (redacted), # (3) Exhibit C - Paul Hastings Client Alert, # (4) Exhibit D - Birchall Email Exchange (redacted)).(Bernstein, Jesse)
  • Attachment 1 Exhibit A - Birchall Text Message Exchange (redacted)
  • Attachment 2 Exhibit B - Birchall Text Message Exchange (redacted)
  • Attachment 3 Exhibit C - Paul Hastings Client Alert
  • Attachment 4 Exhibit D - Birchall Email Exchange (redacted
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Legal Document 108 Filed: 7/3/2024, Entered: 7/3/2024 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [105] MOTION to Dismiss Lead Plaintiff's First Amended Complaint. . Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Bernstein, Jesse)
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Legal Document (Payment Possibly Required) 107 Filed: 7/3/2024, Entered: 7/3/2024 Declaration in Support of Motion
***SELECTED PARTIES***DECLARATION of Jesse Bernstein in Support re: [105] MOTION to Dismiss Lead Plaintiff's First Amended Complaint.. Document filed by Excession LLC, Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Elon R. Musk, Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit A - Birchall Text Message Exchange, # (2) Exhibit B - Birchall Text Message Exchange, # (3) Exhibit D - Birchall Email Exchange)Motion or Order to File Under Seal: [104].(Bernstein, Jesse)
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Legal Document (Payment Possibly Required) 106 Filed: 7/3/2024, Entered: 7/3/2024 Memorandum of Law in Support of Motion
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: [105] MOTION to Dismiss Lead Plaintiff's First Amended Complaint. . Document filed by Excession LLC, Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Elon R. Musk, Oklahoma Firefighters Pension and Retirement System. Motion or Order to File Under Seal: [104].(Bernstein, Jesse)
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Legal Document 105 Filed: 7/3/2024, Entered: 7/3/2024 Motion to Dismiss
MOTION to Dismiss Lead Plaintiff's First Amended Complaint. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Bernstein, Jesse)
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Legal Document (Payment Possibly Required) 104 Filed: 7/3/2024, Entered: 7/3/2024 Motion to SealCourt Filing
LETTER MOTION to Seal addressed to Judge Andrew L. Carter, Jr. from Jesse Bernstein dated July 3, 2024. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Bernstein, Jesse)
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Legal Document (Payment Possibly Required) 103 Filed: 6/5/2024, Entered: 6/5/2024 Stipulation and OrderCourt Filing
JOINT STIPULATION AND ORDER REGARDING ADJOURNMENT OF OCTOBER 19, 2023 SCHEDULING ORDER THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiff and the undersigned counsel for all Defendants that: 1. The remaining deadlines in the Scheduling Order are hereby adjourned sine die until the Court rules on Defendants' motion to dismiss. 2. The Parties jointly agree to submit a proposed revised schedule within 7 calendar days of the Court's ruling on Defendants' motion to dismiss. 3. All electronic signatures (/s/) are signed with consent of counsel pursuant to Rule 8.5 of this Court's Electronic Case Filing Rules and Instructions updated as of July 24, 2023. IT IS SO STIPULATED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/5/2024) (jca)
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Legal Document (Payment Possibly Required) 102 Filed: 6/4/2024, Entered: 6/4/2024 Proposed Stipulation and Order
PROPOSED STIPULATION AND ORDER. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document 101 Filed: 5/29/2024, Entered: 5/29/2024 Order on motion for extension of timeCourt Filing
ORDER granting [98] Letter Motion for Extension of Time. So Ordered. (Motions due by 7/3/2024.) (Signed by Judge Andrew L. Carter, Jr on 5/29/24) (yv)
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Blank  Filed: None, Entered: None ***Set/Reset Deadlines
Set/Reset Deadlines: Responses due by 8/12/2024 Replies due by 9/9/2024. (yv)
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Blank  Filed: None, Entered: None ***Set/Reset Deadlines
Set/Reset Deadlines: Responses due by 8/12/2024 Replies due by 9/9/2024. (yv)
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Legal Document 100 Filed: 5/28/2024, Entered: 5/28/2024 Response to motionCourt Filing
LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated May 17, 2024 re: [91] LETTER MOTION for Conference (Redacted) addressed to Judge Andrew L. Carter, Jr. from Jesse Bernstein dated May 14, 2024. [Unredacted]. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document 99 Filed: 5/28/2024, Entered: 5/28/2024 Amended Complaint
AMENDED COMPLAINT amending [73] Amended Complaint, against Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk with JURY DEMAND.Document filed by Oklahoma Firefighters Pension and Retirement System. Related document: [73] Amended Complaint,..(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 98 Filed: 5/24/2024, Entered: 5/24/2024, Terminated: 5/29/2024 Motion for Extension of TimeCourt Filing
JOINT LETTER MOTION for Extension of Time regarding briefing schedule addressed to Judge Andrew L. Carter, Jr. from Jesse Bernstein and Katherine M. Sinderson dated May 24, 2024. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk, Oklahoma Firefighters Pension and Retirement System..(Bernstein, Jesse)
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Legal Document 97 Filed: 5/24/2024, Entered: 5/24/2024 LetterCourt Filing
LETTER addressed to Judge Andrew L. Carter, Jr. from Jesse Bernstein dated May 14, 2024 re: Dkt. 96 Order. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Bernstein, Jesse)
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Legal Document (Payment Possibly Required) 96 Filed: 5/23/2024, Entered: 5/24/2024 Order on Motion for conferenceCourt Filing
ORDER granting in part and denying in part [91] Letter Motion for Conference re: [91] LETTER MOTION for Conference (Redacted) addressed to Judge Andrew L. Carter, Jr. from Jesse Bernstein dated May 14, 2024. The Court is in receipt of the Defendant's pre-motion conference letter related to their anticipated motion to dismiss as well as Plaintiff's opposition thereto. ECF Nos. 90-94. Defendant's request for a pre-motion conference is DENIED. Defendant is hereby GRANTED leave to file a motion to dismiss. The Parties are directed to adhere to the following briefing schedule: Opening Brief: June 13, 2024, Opposition: June 27, 2024, Reply: July 5, 2024. If the parties wish to propose an alternative briefing schedule, they may do so by filing a Joint Letter on or before May 27, 2024. The Parties are also ORDERED to publicly refile their letter motions in accordance with Judge Gorenstein's decision at ECF No. 95. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/23/2024) (mml)
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Blank  Filed: None, Entered: None ***Set/Reset Deadlines
Set/Reset Deadlines: Brief due by 6/13/2024. Responses due by 6/27/2024. Replies due by 7/5/2024. (mml)
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Legal Document 95 Filed: 5/20/2024, Entered: 5/21/2024 Order on Motion to sealCourt Filing
ORDER granting in part and denying in part [71] Letter Motion to Seal; granting in part and denying in part [83] Letter Motion to Seal. Accordingly, the motions to seal (Docket # 71, 83) are granted in part and denied in part. Plaintiff shall file the amended complaint with only the names of the nonparty Morgan Stanley employees redacted. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/20/2024) (jca)
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Legal Document (Payment Possibly Required) 94 Filed: 5/17/2024, Entered: 5/17/2024 Response to motionCourt Filing
***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated May 17, 2024 re: [91] LETTER MOTION for Conference (Redacted) addressed to Judge Andrew L. Carter, Jr. from Jesse Bernstein dated May 14, 2024. . Document filed by Oklahoma Firefighters Pension and Retirement System. Motion or Order to File Under Seal: [93].(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 93 Filed: 5/17/2024, Entered: 5/17/2024 Motion to SealCourt Filing
LETTER MOTION to Seal addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated May 17, 2024. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 92 Filed: 5/17/2024, Entered: 5/17/2024 Response to motionCourt Filing
LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated May 17, 2024 re: [91] LETTER MOTION for Conference (Redacted) addressed to Judge Andrew L. Carter, Jr. from Jesse Bernstein dated May 14, 2024. . Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 91 Filed: 5/14/2024, Entered: 5/14/2024, Terminated: 5/23/2024 Motion for ConferenceCourt Filing
LETTER MOTION for Conference (Redacted) addressed to Judge Andrew L. Carter, Jr. from Jesse Bernstein dated May 14, 2024. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Bernstein, Jesse)
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Legal Document (Payment Possibly Required) 90 Filed: 5/14/2024, Entered: 5/14/2024 Motion for ConferenceCourt Filing
***SELECTED PARTIES*** LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from Jesse Bernstein dated May 14, 2024. Document filed by Excession LLC, Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Elon R. Musk, Oklahoma Firefighters Pension and Retirement System.Motion or Order to File Under Seal: [89].(Bernstein, Jesse)
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Legal Document (Payment Possibly Required) 89 Filed: 5/14/2024, Entered: 5/14/2024 Motion to SealCourt Filing
LETTER MOTION to Seal addressed to Judge Andrew L. Carter, Jr. from Jesse Bernstein dated May 14, 2024. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Bernstein, Jesse)
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Legal Document (Payment Possibly Required) 88 Filed: 5/14/2024, Entered: 5/14/2024 Order on Motion to appear pro hac viceCourt Filing
ORDER FOR ADMISSION PRO HAC VICE granting [87] Motion for Rachel G. Frank to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/14/2024) (mml)
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Legal Document (Payment Possibly Required) 87 Filed: 5/13/2024, Entered: 5/13/2024, Terminated: 5/14/2024 Motion to Appear Pro Hac Vice
MOTION for Rachel G. Frank to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29345386. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk. (Attachments: # (1) Affidavit / Declaration in Support of Motion for Admission to Practice Pro Hac Vice, # (2) Exhibit - CA Certificate of Good Standing, # (3) Exhibit - DC Certificate of Good Standing, # (4) Proposed Order for Admission Pro Hac Vice).(Frank, Rachel)
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Blank  Filed: None, Entered: None Notice Regarding Pro Hac Vice Motion
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [87] MOTION for Rachel G. Frank to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29345386. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Legal Document (Payment Possibly Required) 86 Filed: 5/10/2024, Entered: 5/10/2024 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Katherine M. Sinderson dated May 10, 2024 re: Defendants May 8, 2024 Letter Moving to Seal Plaintiffs Unredacted Amended Complaint.. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 85 Filed: 5/10/2024, Entered: 5/10/2024 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Jonathan D. Polkes dated May 10, 2024 re: sealing of Morgan Stanley employee names in First Amended Complaint (corrected version). Document filed by Morgan Stanley Smith Barney LLC..(Polkes, Jonathan)
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Legal Document (Payment Possibly Required) 84 Filed: 5/10/2024, Entered: 5/10/2024 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Jonathan D. Polkes dated May 10, 2024 re: sealing of Morgan Stanley employee names in First Amended Complaint. Document filed by Morgan Stanley Smith Barney LLC..(Polkes, Jonathan)
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Legal Document 83 Filed: 5/8/2024, Entered: 5/8/2024, Terminated: 5/20/2024 Motion to SealCourt Filing
LETTER MOTION to Seal Lead Plaintiff Oklahoma Firefighters Pension and Retirement System's unredacted Amended Complaint addressed to Magistrate Judge Gabriel W. Gorenstein from Jesse Bernstein dated May 8, 2024. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Bernstein, Jesse)
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Legal Document (Payment Possibly Required) 82 Filed: 5/8/2024, Entered: 5/8/2024 Notice of Appearance
NOTICE OF APPEARANCE by Jacob J Waldman on behalf of Jared Birchall, Excession LLC..(Waldman, Jacob)
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Legal Document (Payment Possibly Required) 81 Filed: 5/8/2024, Entered: 5/8/2024 Notice of Appearance
NOTICE OF APPEARANCE by Jesse Bernstein on behalf of Jared Birchall, Excession LLC..(Bernstein, Jesse)
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Legal Document 80 Filed: 5/8/2024, Entered: 5/8/2024 Notice of Appearance
NOTICE OF APPEARANCE by Alex Spiro on behalf of Jared Birchall, Excession LLC..(Spiro, Alex)
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Legal Document 79 Filed: 5/7/2024, Entered: 5/7/2024 order on motion for extension of time to fileCourt Filing
ORDER granting [77] Letter Motion for Extension of Time to File. The proposed schedule is approved. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/7/2024) (cf)
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Legal Document (Payment Possibly Required) 78 Filed: 5/6/2024, Entered: 5/6/2024 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Morgan Stanley Capital Management, LLC, Corporate Parent Morgan Stanley, Other Affiliate Mitsubishi UFJ Financial Group, Inc. for Morgan Stanley Smith Barney LLC. Document filed by Morgan Stanley Smith Barney LLC..(Polkes, Jonathan)
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Legal Document (Payment Possibly Required) 77 Filed: 5/6/2024, Entered: 5/6/2024, Terminated: 5/7/2024 Motion for Extension of Time to FileCourt Filing
LETTER MOTION for Extension of Time to File a letter or memorandum of law concerning sealing/redaction in the amended complaint addressed to Magistrate Judge Gabriel W. Gorenstein from Jonathan D. Polkes dated May 6, 2024. Document filed by Morgan Stanley Smith Barney LLC..(Polkes, Jonathan)
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Legal Document (Payment Possibly Required) 76 Filed: 5/1/2024, Entered: 5/1/2024 Certificate of Service Other
CERTIFICATE OF SERVICE of Order on May 1, 2024. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document 75 Filed: 5/1/2024, Entered: 5/1/2024 OrderCourt Filing
ORDER: Accordingly, it is hereby ORDERED that any party to this case or non-party seeking to have redactions in the amended complaint remain under seal shall file a letter or memorandum of law on or before May 8, 2024, explaining why the sealing is permitted by law. Any response shall be filed by May 10, 2024. If no submission is made by May 8, 2024, the Court will order the docketing of an unredacted version of the amended complaint. The plaintiff is directed to immediately serve a copy of this Order on any non-party source of the redacted material and to file proof of service forthwith. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/1/2024) (rro)
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Legal Document (Payment Possibly Required) 74 Filed: 5/1/2024, Entered: 5/1/2024 Amended Complaint
***SELECTED PARTIES*** AMENDED COMPLAINT amending [33] Complaint against Excession LLC, Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Elon R. Musk with JURY DEMAND.Document filed by Oklahoma Firefighters Pension and Retirement System. Related document: [33] Complaint.Motion or Order to File Under Seal: [71].(Sinderson, Katherine)
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Legal Document 73 Filed: 5/1/2024, Entered: 5/1/2024 Amended Complaint
AMENDED COMPLAINT amending [33] Complaint against Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk with JURY DEMAND.Document filed by Oklahoma Firefighters Pension and Retirement System. Related document: [33] Complaint. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3).(Sinderson, Katherine)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Deficient Pleading
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Katherine Mccracken Sinderson to RE-FILE Document No. [70] Amended 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 case caption must list all of the parties and must not include 'et al'. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
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Legal Document (Payment Possibly Required) 72 Filed: 4/30/2024, Entered: 4/30/2024 Amended Complaint
***SELECTED PARTIES*** AMENDED COMPLAINT amending [33] Complaint against Excession LLC, Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Elon R. Musk with JURY DEMAND.Document filed by Oklahoma Firefighters Pension and Retirement System. Related document: [33] Complaint.Motion or Order to File Under Seal: [71].(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 71 Filed: 4/30/2024, Entered: 4/30/2024, Terminated: 5/20/2024 Motion to SealCourt Filing
LETTER MOTION to Seal Amended Complaint addressed to Judge Andrew L. Carter, Jr. from Katherine Sinderson dated April 30, 2024. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 70 Filed: 4/30/2024, Entered: 4/30/2024 Amended Complaint
FILING ERROR DEFICIENT PLEADING - PDF ERROR - AMENDED COMPLAINT amending [33] Complaint against Elon Musk Revocable Trust dated July 22, 2003, Elon R. Musk, Excession LLC, Jared Birchall with JURY DEMAND.Document filed by Oklahoma Firefighters Pension and Retirement System. Related document: [33] Complaint. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3).(Sinderson, Katherine) Modified on 5/1/2024 (jgo).
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Legal Document (Payment Possibly Required) 69 Filed: 4/26/2024, Entered: 4/26/2024 Stipulation and OrderCourt Filing
JOINT STIPULATION AND ORDER REGARDING PLAINTIFF'S AMENDED COMPLAINT AND DEFENDANTS' RESPONSE THERETO: THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiff and the undersigned counsel for all Defendants that: 1. Plaintiff will file the FAC on or before April 30 pursuant to the Scheduling Order. 2. Defendants do not oppose amendment, but reserve all rights to seek dismissal of the FAC. 3. Within two weeks of Plaintiff filing the FAC, Defendants will either file an Answer to the FAC or, pursuant to Rule 2.A. of Judge Carter's Individual Practices, will file a letter requesting a pre-motion conference regarding a proposed motion to dismiss the FAC. 4. If any Defendant files a letter requesting a pre-motion conference, Plaintiff will file its response within 3 business days. 5.Subject to the Court's review and approval, Defendants respectfully propose that, if the Court grants any Defendant leave to file a motion to dismiss, (i) the motion be due 45 calendar days after the date on which the Court grants leave; (ii) Plaintiff's opposition to the motion to dismiss be due 45 calendar days after Defendants file the motion to dismiss; and (iii) Defendants' reply in support of the motion to dismiss be due 30 calendar days after Plaintiff files its opposition. 6.Plaintiff does not oppose this proposed schedule. Pursuant to the Private Securities Litigation Reform Act of 1995, 15 U.S.C. § 78u-4(a) (3)(A), all discovery is stayed pending resolution of Defendants' anticipated motion to dismiss the FAC. 7. All electronic signatures ("/s/") are signed with consent of counsel pursuant to Rule8.5 of this Court's Electronic Case Filing Rules and Instructions updated as of November 1, 2022. IT IS SO STIPULATED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/26/2024) ( Amended Pleadings due by 4/30/2024.) (ks)
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Legal Document 68 Filed: 4/25/2024, Entered: 4/25/2024 Proposed Stipulation and Order
PROPOSED STIPULATION AND ORDER. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 67 Filed: 2/13/2024, Entered: 2/13/2024 Notice of Appearance
NOTICE OF APPEARANCE by Jesse Bernstein on behalf of Elon Musk Revocable Trust dated July 22, 2003, Elon R. Musk..(Bernstein, Jesse)
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Legal Document 66 Filed: 1/18/2024, Entered: 1/18/2024 Memorandum and OpinionCourt Filing
MEMORANDUM OPINION: Accordingly, plaintiff's motion to compel is granted. Defendants shall order the transcripts and accompanying exhibits from the SEC within 14 business days, with a copy of the transcript requests served on plaintiffs, and shall produce the transcripts and any exhibits within 5 business days of their receipt. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/18/2024) (vfr)
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Legal Document (Payment Possibly Required) 65 Filed: 1/5/2024, Entered: 1/5/2024 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Katherine M. Sinderson dated January 5, 2024 re: Plaintiff's December 27, 2023 Letter. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit 3).(Sinderson, Katherine)
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Legal Document 64 Filed: 1/2/2024, Entered: 1/2/2024 OrderCourt Filing
ORDER: The Court has reviewed the parties' recent letters (Docket ## 62-63). Because the application may be decided without a conference, the Court is offering the plaintiff an opportunity to file a reply letter as to any new matters raised in defendants' letter. Any such letter should be filed by January 5, 2024. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/02/2024) (ama)
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Legal Document 63 Filed: 12/29/2023, Entered: 12/29/2023 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Alex Spiro dated December 29, 2023 re: Response to Plaintiff's Rule 37.2 Letter (Dkt. 62). Document filed by Elon Musk Revocable Trust dated July 22, 2003, Elon R. Musk..(Spiro, Alex)
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Legal Document 62 Filed: 12/27/2023, Entered: 12/27/2023 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Katherine M. Sinderson dated December 27, 2023 re: Pre-Motion Conference. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2).(Sinderson, Katherine)
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Legal Document 61 Filed: 11/7/2023, Entered: 11/7/2023 Answer to Complaint
ANSWER to [33] Complaint. Document filed by Elon Musk Revocable Trust dated July 22, 2003, Elon R. Musk..(Spiro, Alex)
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Legal Document 60 Filed: 11/1/2023, Entered: 11/1/2023 protective orderCourt Filing
STIPULATED PROTECTIVE ORDER GOVERNING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/1/2023) (jca)
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Legal Document (Payment Possibly Required) 59 Filed: 10/31/2023, Entered: 10/31/2023 Proposed Stipulation and Order
PROPOSED STIPULATION AND ORDER. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 58 Filed: 10/25/2023, Entered: 10/25/2023 Notice of Appearance
NOTICE OF APPEARANCE by Salvatore Jo Graziano on behalf of Oklahoma Firefighters Pension and Retirement System..(Graziano, Salvatore)
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Legal Document 57 Filed: 10/19/2023, Entered: 10/19/2023 Scheduling OrderCourt Filing
SCHEDULING ORDER: Amended Pleadings due by 4/30/2024. Joinder of Parties due by 4/30/2024. Motions due by 6/7/2024. Fact Discovery due by 10/4/2024. Expert Discovery due by 12/20/2024. Non-expert depositions shall be completed by October 4, 2024. The Parties plan to engage a private mediator and to conduct an initial mediation by April 16, 2024. and as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/19/2023) (ama)
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Blank  Filed: None, Entered: None Pretrial Conference - Initial
Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Initial Pretrial Conference held on 10/19/2023. (cf)
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Legal Document (Payment Possibly Required) 56 Filed: 10/17/2023, Entered: 10/17/2023 Proposed Scheduling Order
PROPOSED SCHEDULING ORDER. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 55 Filed: 10/17/2023, Entered: 10/17/2023 Order on Motion to withdraw as attorneyCourt Filing
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL: granting [53] Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that Lead Plaintiff's Motion to Withdraw John C. Browne as counsel in the above-captioned matter is GRANTED. The Clerk of the Court is directed to terminate Mr. Browne from the list of active counsel in this case. Attorney John Christopher Browne terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/17/2023) (ama)
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Legal Document (Payment Possibly Required) 54 Filed: 10/16/2023, Entered: 10/16/2023 Proposed Order
PROPOSED ORDER. Document filed by Oklahoma Firefighters Pension and Retirement System. Related Document Number: [53]..(Sinderson, Katherine) Proposed Order to be reviewed by Clerk's Office staff.
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Legal Document (Payment Possibly Required) 53 Filed: 10/16/2023, Entered: 10/16/2023, Terminated: 10/17/2023 Motion to withdraw as attorney
MOTION for John C. Browne to Withdraw as Attorney for Oklahoma Firefighters Pension and Retirement System. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Blank  Filed: None, Entered: None Notice to Court Regarding Proposed Order
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. [54] Proposed Order was reviewed and approved as to form. (nd)
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Legal Document (Payment Possibly Required) 52 Filed: 10/11/2023, Entered: 10/11/2023 Order for Initial Pretrial ConferenceCourt Filing
ORDER FOR CONFERENCE PURSUANT TO RULE 16: This action is scheduled for an initial case management conference by telephone pursuant to Fed. R. Civ. P. 16(a), on October 19, 2023 at 12:00 p.m. At that time, the parties shall dial(888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitted only to listen.) The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other recording or dissemination of the proceeding in any form is forbidden. As described below, the parties must also file a proposed scheduling order two business days before the conference date, or October 17, 2023. When addressing the Court, counsel must not use a speakerphone. Upon receipt of this order, each counsel is directed to confirm with all other counsel that each party to this proceeding has received a copy of this order. and as set forth herein. SO ORDERED.Telephonic Initial Conference set for 10/19/2023 at 12:00 PM before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/11/2023) (ama)
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Legal Document (Payment Possibly Required) 51 Filed: 10/11/2023, Entered: 10/11/2023 Amended Order Referring Case to Magistrate JudgeCourt Filing
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Andrew L. Carter, Jr on 10/11/2023) (ate)
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Legal Document 50 Filed: 10/10/2023, Entered: 10/10/2023 Status report
STATUS REPORT. [Joint Status Report Pursuant to Fed. R. Civ. P. 26(f)] Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document 49 Filed: 9/29/2023, Entered: 10/2/2023 Memorandum and OpinionCourt Filing
OPINION AND ORDER re: [47] LETTER MOTION for Oral Argument addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated May 10, 2023. filed by Oklahoma Firefighters Pension and Retirement System, [40] MOTION to Dismiss Complaint. filed by Elon R. Musk, Elon Musk Revocable Trust dated July 22, 2003. For the foregoing reasons, Defendants' motion to dismiss is DENIED in part and GRANTED in part. Count II (insider trading) is dismissed. Additionally, Plaintiff's motion for oral argument is DENIED. The parties are hereby ORDERED to file a joint status report on the proposed next steps in this matter on or by October 10, 2023. The Clerk of the Court is respectfully directed to terminate the open motions at ECF No. 40 and 47. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/29/2023) (rro)
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Legal Document 48 Filed: 8/3/2023, Entered: 8/3/2023 LetterCourt Filing
LETTER addressed to Judge Andrew L. Carter, Jr. from Katherine Sinderson dated August 3, 2023 re: Supplemental Authorities. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit A -Bed Bath Opinion re MTD).(Sinderson, Katherine)
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Legal Document 47 Filed: 5/10/2023, Entered: 5/10/2023, Terminated: 9/29/2023 Motion for Oral ArgumentCourt Filing
LETTER MOTION for Oral Argument addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated May 10, 2023. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document 46 Filed: 5/3/2023, Entered: 5/3/2023 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [40] MOTION to Dismiss Complaint. . Document filed by Elon Musk Revocable Trust dated July 22, 2003, Elon R. Musk..(Spiro, Alex)
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Legal Document 45 Filed: 4/25/2023, Entered: 4/25/2023 Order on Motion for Extension of Time to File Response / ReplyCourt Filing
ORDER granting [44] Letter Motion for Extension of Time to File Response/Reply re [44] LETTER MOTION for Extension of Time to File Response/Reply as to [40] MOTION to Dismiss Complaint. addressed to Judge Andrew L. Carter, Jr. from Jacob J. Waldman dated April 25, 2023. SO ORDERED. Replies due by 5/3/2023. (Signed by Judge Andrew L. Carter, Jr on 4/25/2023) (ate)
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Legal Document (Payment Possibly Required) 44 Filed: 4/25/2023, Entered: 4/25/2023, Terminated: 4/25/2023 Motion for Extension of Time to File Response/ReplyCourt Filing
LETTER MOTION for Extension of Time to File Response/Reply as to [40] MOTION to Dismiss Complaint. addressed to Judge Andrew L. Carter, Jr. from Jacob J. Waldman dated April 25, 2023. Document filed by Elon Musk Revocable Trust dated July 22, 2003, Elon R. Musk..(Waldman, Jacob)
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Legal Document (Payment Possibly Required) 43 Filed: 3/31/2023, Entered: 3/31/2023 Declaration in Opposition to Motion
DECLARATION of Katherine M. Sinderson in Opposition re: [40] MOTION to Dismiss Complaint.. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit A - Schedule 13G, # (2) Exhibit B - Schedule 13D, # (3) Exhibit C - Letter from SEC).(Sinderson, Katherine)
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Legal Document 42 Filed: 3/31/2023, Entered: 3/31/2023 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [40] MOTION to Dismiss Complaint. . Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document 41 Filed: 1/30/2023, Entered: 1/30/2023 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [40] MOTION to Dismiss Complaint. . Document filed by Elon Musk Revocable Trust dated July 22, 2003, Elon R. Musk..(Spiro, Alex)
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Legal Document 40 Filed: 1/30/2023, Entered: 1/30/2023, Terminated: 9/29/2023 Motion to Dismiss
MOTION to Dismiss Complaint. Document filed by Elon Musk Revocable Trust dated July 22, 2003, Elon R. Musk..(Spiro, Alex)
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Legal Document (Payment Possibly Required) 39 Filed: 1/18/2023, Entered: 1/18/2023 Notice of Appearance
NOTICE OF APPEARANCE by Jasmine P Cooper-Little on behalf of Oklahoma Firefighters Pension and Retirement System..(Cooper-Little, Jasmine)
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Legal Document 38 Filed: 12/30/2022, Entered: 12/30/2022 OrderCourt Filing
ORDER: The Court is in receipt of the parties' premotion conference letters related to Defendants' anticipated motion to dismiss. ECF Nos. 36, 37. Defendants' request for a premotion conference is DENIED. Defendants are hereby GRANTED leave to file a motion to dismiss. In accordance with the parties' proposed briefing schedule, see ECF No. 30, the parties are directed to adhere to the following briefing schedule: Opening Brief: January 30, 2023. Opposition: March 31, 2023. Reply: April 30, 2023. SO ORDERED. ( Motions due by 1/30/2023., Replies due by 4/30/2023., Responses due by 3/31/2023) (Signed by Judge Andrew L. Carter, Jr on 12/30/2022) (tg)
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Legal Document (Payment Possibly Required) 37 Filed: 12/21/2022, Entered: 12/21/2022 LetterCourt Filing
LETTER addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated December 21, 2022 re: Lead Plaintiff's Response to Defendants' December 16, 2022 Letter Requesting a Pre-Motion Conference to Seek Leave to Move to Dismiss the Complaint. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 36 Filed: 12/16/2022, Entered: 12/16/2022 LetterCourt Filing
LETTER addressed to Judge Andrew L. Carter, Jr. from Alex Spiro dated December 16, 2022 re: pre-motion conference. Document filed by Elon Musk Revocable Trust dated July 22, 2003, Elon R. Musk..(Spiro, Alex)
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Legal Document (Payment Possibly Required) 35 Filed: 11/29/2022, Entered: 11/29/2022 Stipulation and OrderCourt Filing
JOINT STIPULATION AND ORDER REGARDING WAIVER OF SERVICE AND SUMMONS: THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Lead Plaintiff and the undersigned counsel for Defendants, that: The undersigned counsel for the Newly-Added Defendant hereby accepts service of Lead Plaintiff's Complaint on behalf of the Newly-Added Defendant in this action and represents that they are authorized to do so. By entering into this Stipulation, the Newly-Added Defendant does not waive any defenses, objections, or arguments, apart from insufficiency of service. The schedule provided in the Court's Scheduling Order with respect to a response to Lead Plaintiff's Complaint shall apply to all Defendants, including the Newly-Added Defendant. All electronic signatures ("/s/") are signed with consent of counsel pursuant to Rule 8.5 of this Court's Electronic Case Filing Rules and Instructions updated as of November 1, 2022. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/29/2022) (ama)
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Legal Document 34 Filed: 11/29/2022, Entered: 11/29/2022 Proposed Stipulation and Order
PROPOSED STIPULATION AND ORDER. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document 33 Filed: 11/21/2022, Entered: 11/21/2022 Complaint
COMPLAINT against Elon Musk Revocable Trust dated July 22, 2003, Elon R. Musk. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Deficient Pleading
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Katherine Mccracken Sinderson to RE-FILE Document No. [32] Amended Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf)
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Legal Document (Payment Possibly Required) 32 Filed: 11/18/2022, Entered: 11/18/2022 Amended Complaint
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED COMPLAINT amending [1] Complaint against Elon R. Musk, Elon Musk Revocable Trust dated July 22, 2003 with JURY DEMAND.Document filed by Oklahoma Firefighters Pension and Retirement System. Related document: [1] Complaint. (Attachments: # (1) Exhibit 1 - Schedule 13G, # (2) Exhibit 2 - Schedule 13D, # (3) Exhibit 3 - Letter from SEC).(Sinderson, Katherine) Modified on 11/21/2022 (vf).
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Legal Document (Payment Possibly Required) 31 Filed: 11/17/2022, Entered: 11/17/2022 Notice of Appearance
NOTICE OF APPEARANCE by John Christopher Browne on behalf of Oklahoma Firefighters Pension and Retirement System..(Browne, John)
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Legal Document (Payment Possibly Required) 30 Filed: 10/19/2022, Entered: 10/19/2022 Stipulation and OrderCourt Filing
JOINT STIPULATION AND ORDER REGARDING WAIVER OF SERVICE AND DEADLINES FOR FILING COMPLAINT AND RESPONSES TO COMPLAINT: NOW THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, by and through their undersigned counsel, as follows: Defendant waives service of the summons and Initial Complaint and waives any objections to the absence of a summons or of service in this action but without waiver of any defenses, objections, or arguments, apart from insufficiency of service. The filing of this Stipulation shall be deemed the filing of a waiver under Fed. R. Civ. P. 4(d)(4), but Defendant shall have no obligation to return a written waiver of service under Fed. R. Civ. P. 4(d)(2). Defendant also hereby accepts service of Lead Plaintiff's forthcoming Complaint, without waiver of any defenses, objections, or arguments, apart from insufficiency of service. Defendant shall not be required to answer or otherwise respond to, and is hereby expressly relieved from answering or otherwise responding to, the Initial Complaint. Lead Plaintiff shall file its Complaint on or before November 18, 2022. If Defendant wishes to file a motion to dismiss the Complaint, Defendant shall file a letter requesting a pre-motion conference pursuant Judge Carter's Individual Practices on or before December 16, 2022. Lead Plaintiff's response shall be due on or before December 21, 2022. Subject to the Court's review and approval, Defendant respectfully proposes that, if the Court grants Defendant leave to file a motion to dismiss, that (i) the motion be due 30 days after the date on which the Court grants leave; (ii) Plaintiff's opposition to the motion to dismiss be due 60 days after Defendant files the motion to dismiss; and (iii) Defendant's reply in support of the motion to dismiss be due 30 days after Plaintiff files any opposition to the motion to dismiss. Plaintiff does not oppose this proposed schedule., ( Motions due by 12/16/2022., Responses due by 12/21/2022) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/19/2022) (ama)
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Legal Document 29 Filed: 10/19/2022, Entered: 10/19/2022 Proposed Stipulation and Order
PROPOSED STIPULATION AND ORDER. Document filed by Elon R. Musk..(Spiro, Alex)
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Legal Document (Payment Possibly Required) 28 Filed: 10/11/2022, Entered: 10/11/2022 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on JOINT STIPULATION AND ORDER REGARDING WAIVER OF SERVICE AND DEADLINES FOR FILING COMPLAINT AND RESPONSES TO COMPLAINT: re: [27] Proposed Stipulation and Order filed by Oklahoma Firefighters Pension and Retirement System. ENDORSEMENT: The first four paragraphs of this stipulation are acceptable. However, paragraph 5 is not acceptable because it assumes Judge Carter will give permission to file the motion to dismiss (and that he will do so in time for the contemplated schedule). Paragraph 5 is not acceptable because the Court will not order consolidation of any cases without giving the parties to such cases the opportunity to be heard. If the parties wish to submit a stipulation without these paragraphs, they are free to do so. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/11/2022) (ama) Modified on 10/11/2022 (ama).
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Legal Document (Payment Possibly Required) 27 Filed: 10/7/2022, Entered: 10/7/2022 Proposed Stipulation and Order
PROPOSED STIPULATION AND ORDER. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 26 Filed: 9/20/2022, Entered: 9/20/2022 Notice of Appearance
NOTICE OF APPEARANCE by Jonathan D'Errico on behalf of Oklahoma Firefighters Pension and Retirement System..(D'Errico, Jonathan)
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Legal Document (Payment Possibly Required) 25 Filed: 9/20/2022, Entered: 9/20/2022 Notice of Appearance
NOTICE OF APPEARANCE by Jeremy Patrick Robinson on behalf of Oklahoma Firefighters Pension and Retirement System..(Robinson, Jeremy)
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Legal Document (Payment Possibly Required) 24 Filed: 9/20/2022, Entered: 9/20/2022 Notice of Appearance
NOTICE OF APPEARANCE by Katherine Mccracken Sinderson on behalf of Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document 23 Filed: 9/2/2022, Entered: 9/2/2022 Memorandum and OpinionCourt Filing
OPINION AND ORDER: re: [12] MOTION to Appoint Partha Pratim Palit to serve as lead plaintiff(s). MOTION to Approve Lead Counsel filed by Partha Pratim Palit, [6] MOTION to Appoint AMALGAMATED BANK to serve as lead plaintiff(s) and Appoint Lead Counsel filed by Amalgamated Bank, [8] MOTION to Appoint Counsel. MOTION to Appoint Oklahoma Firefighters Pension and Retirement System to serve as lead plaintiff(s) filed by Oklahoma Firefighters Pension and Retirement System. For the foregoing reasons, Oklahoma Firefighters' Motion for Appointment as Lead Plaintiff (Docket # 8) is granted, and Amalgamated Bank's Motion to Appoint (Docket # 6) is denied. Oklahoma Firefighters' request to appoint Bernstein Litowitz Berger & Grossmann LLP as lead counsel is granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/02/2022) (ama)
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Legal Document (Payment Possibly Required) 22 Filed: 7/11/2022, Entered: 7/11/2022 Order Referring Case to Magistrate JudgeCourt Filing
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. ECF Nos. 6, 8, 12. Referred to Magistrate Judge Gabriel W. Gorenstein. Motions referred to Gabriel W. Gorenstein. (Signed by Judge Andrew L. Carter, Jr on 7/11/2022) (ate)
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Legal Document (Payment Possibly Required) 21 Filed: 7/5/2022, Entered: 7/5/2022 Declaration in Support of Motion
DECLARATION of Avi Josefson in Support re: [8] MOTION to Appoint Counsel . MOTION to Appoint Oklahoma Firefighters Pension and Retirement System to serve as lead plaintiff(s) .. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit A - Declaration of Chase Rankin, # (2) Exhibit B - Facebook Stipulation & Order, # (3) Exhibit C - Tangoe Lead Plaintiff Reply, # (4) Exhibit D - Signet Lead Plaintiff Order).(Josefson, Avi)
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Legal Document (Payment Possibly Required) 20 Filed: 7/5/2022, Entered: 7/5/2022 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [8] MOTION to Appoint Counsel . MOTION to Appoint Oklahoma Firefighters Pension and Retirement System to serve as lead plaintiff(s) . . Document filed by Oklahoma Firefighters Pension and Retirement System..(Josefson, Avi)
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Legal Document (Payment Possibly Required) 19 Filed: 7/5/2022, Entered: 7/5/2022 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [6] MOTION to Appoint AMALGAMATED BANK to serve as lead plaintiff(s) and Appoint Lead Counsel. . Document filed by Amalgamated Bank..(Kim, Phillip)
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Legal Document 18 Filed: 6/27/2022, Entered: 6/27/2022 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [12] MOTION to Appoint Partha Pratim Palit to serve as lead plaintiff(s) . MOTION to Approve Lead Counsel ., [6] MOTION to Appoint AMALGAMATED BANK to serve as lead plaintiff(s) and Appoint Lead Counsel. . Document filed by Oklahoma Firefighters Pension and Retirement System..(Josefson, Avi)
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Legal Document (Payment Possibly Required) 17 Filed: 6/27/2022, Entered: 6/27/2022 response in opposition to motion
RESPONSE in Opposition to Motion re: [8] MOTION to Appoint Counsel . MOTION to Appoint Oklahoma Firefighters Pension and Retirement System to serve as lead plaintiff(s) . . Document filed by Amalgamated Bank..(Kim, Phillip)
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Legal Document 16 Filed: 6/24/2022, Entered: 6/24/2022 Notice (other)
NOTICE of Non-Opposition of Partha Pratim Palit to Competing Motions for Appointment as Lead Plaintiff and Approval of Lead Counsel re: [12] MOTION to Appoint Partha Pratim Palit to serve as lead plaintiff(s) . MOTION to Approve Lead Counsel .. Document filed by Partha Pratim Palit..(Lieberman, Jeremy)
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Blank  Filed: None, Entered: None Notice to Court Regarding Proposed Order
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. [13] Proposed Order [11] Proposed Order was reviewed and approved as to form. (km)
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Legal Document (Payment Possibly Required) 15 Filed: 6/13/2022, Entered: 6/13/2022 Declaration in Support of Motion
DECLARATION of Jeremy A. Lieberman in Support re: [12] MOTION to Appoint Partha Pratim Palit to serve as lead plaintiff(s) . MOTION to Approve Lead Counsel .. Document filed by Partha Pratim Palit. (Attachments: # (1) Exhibit A - Loss Chart, # (2) Exhibit B - Press Release, # (3) Exhibit C - Certification, # (4) Exhibit D - Movant Declaration, # (5) Exhibit E - Firm Resume).(Lieberman, Jeremy)
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Legal Document (Payment Possibly Required) 14 Filed: 6/13/2022, Entered: 6/13/2022 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [12] MOTION to Appoint Partha Pratim Palit to serve as lead plaintiff(s) . MOTION to Approve Lead Counsel . . Document filed by Partha Pratim Palit..(Lieberman, Jeremy)
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Legal Document (Payment Possibly Required) 13 Filed: 6/13/2022, Entered: 6/13/2022 Proposed Order
PROPOSED ORDER. Document filed by Partha Pratim Palit. Related Document Number: [12]..(Lieberman, Jeremy) Proposed Order to be reviewed by Clerk's Office staff.
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Legal Document (Payment Possibly Required) 12 Filed: 6/13/2022, Entered: 6/13/2022, Terminated: 9/2/2022 Motion to Appoint Lead Plaintiff(s)
MOTION to Appoint Partha Pratim Palit to serve as lead plaintiff(s) ., MOTION to Approve Lead Counsel . Document filed by Partha Pratim Palit..(Lieberman, Jeremy)
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Legal Document 11 Filed: 6/13/2022, Entered: 6/13/2022 Proposed Order
PROPOSED ORDER. Document filed by Oklahoma Firefighters Pension and Retirement System. Related Document Number: [8]..(Josefson, Avi) Proposed Order to be reviewed by Clerk's Office staff.
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Legal Document (Payment Possibly Required) 10 Filed: 6/13/2022, Entered: 6/13/2022 Declaration in Support of Motion
DECLARATION of Avi Josefson in Support re: [8] MOTION to Appoint Counsel . MOTION to Appoint Oklahoma Firefighters Pension and Retirement System to serve as lead plaintiff(s) .. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit A - Certification, # (2) Exhibit B - Notice of Pendency, # (3) Exhibit C - Bernstein Litowitz Resume, # (4) Exhibit D - Symantec Order, # (5) Exhibit E - ChemoCentryx Order, # (6) Exhibit F - Eargo Order, # (7) Exhibit G - James River Order, # (8) Exhibit H - Exxon Order).(Josefson, Avi)
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Legal Document (Payment Possibly Required) 9 Filed: 6/13/2022, Entered: 6/13/2022 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [8] MOTION to Appoint Counsel . MOTION to Appoint Oklahoma Firefighters Pension and Retirement System to serve as lead plaintiff(s) . . Document filed by Oklahoma Firefighters Pension and Retirement System..(Josefson, Avi)
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Legal Document (Payment Possibly Required) 8 Filed: 6/13/2022, Entered: 6/13/2022, Terminated: 9/2/2022 Motion to Appoint Counsel
MOTION to Appoint Counsel ., MOTION to Appoint Oklahoma Firefighters Pension and Retirement System to serve as lead plaintiff(s) . Document filed by Oklahoma Firefighters Pension and Retirement System..(Josefson, Avi)
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Legal Document (Payment Possibly Required) 7 Filed: 6/13/2022, Entered: 6/13/2022 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [6] MOTION to Appoint AMALGAMATED BANK to serve as lead plaintiff(s) and Appoint Lead Counsel. . Document filed by Amalgamated Bank. (Attachments: # (1) Exhibit 1 - PSLRA Early Notice, # (2) Exhibit 2 - PSLRA Cert., # (3) Exhibit 3 - Loss Chart, # (4) Exhibit 4 - Firm Resume).(Kim, Phillip)
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Legal Document 6 Filed: 6/13/2022, Entered: 6/13/2022, Terminated: 9/2/2022 Motion to Appoint Lead Plaintiff(s)
MOTION to Appoint AMALGAMATED BANK to serve as lead plaintiff(s) and Appoint Lead Counsel. Document filed by Amalgamated Bank. (Attachments: # (1) Text of Proposed Order Proposed Order).(Kim, Phillip)
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Legal Document (Payment Possibly Required) 5 Filed: 4/13/2022, Entered: 4/13/2022 Summons issued
ELECTRONIC SUMMONS ISSUED as to Elon R. Musk. (sj)
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Blank  Filed: None, Entered: None Case Designated ECF.
Case Designated ECF. (sj)
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Blank  Filed: None, Entered: None Case Designation
Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj)
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Blank  Filed: None, Entered: None Case Opening Initial Assignment Notice
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(sj)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Case Opening Statistical Error Correction
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeffrey Craig Block. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (sj)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Party Modification
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeffrey Craig Block. The party information for the following party/parties has been modified: Marc Bain Rasella, Elon Musk. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (sj)
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Legal Document (Payment Possibly Required) 4 Filed: 4/12/2022, Entered: 4/12/2022 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Marc Bain Rasella..(Block, Jeffrey)
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Legal Document (Payment Possibly Required) 3 Filed: 4/12/2022, Entered: 4/12/2022 Request for Issuance of Summons
REQUEST FOR ISSUANCE OF SUMMONS as to Elon R. Musk, re: [1] Complaint. Document filed by Marc Bain Rasella..(Block, Jeffrey)
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Legal Document 2 Filed: 4/12/2022, Entered: 4/12/2022 Civil Cover Sheet
CIVIL COVER SHEET filed..(Block, Jeffrey)
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Legal Document 1 Filed: 4/12/2022, Entered: 4/12/2022 Complaint
COMPLAINT against Elon Musk. (Filing Fee $ 402.00, Receipt Number ANYSDC-25998684)Document filed by Marc Bain Rasella. (Attachments: # (1) Exhibit Certification).(Block, Jeffrey)
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