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 January 23, 2026 at 12:31 PM EST (1.4 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary
Pending
Discovery

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Parties
No Logo Marc Bain Rasella, Plaintiff

Represented by Block & Leviton LLP

Name Phone Fax E-Mail
Space Jeffrey C 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 Sarah Heaton Concannon +1 202 538 8122 sarahconcannon@quinnemanuel.com
Space Rachel G. Frank +1 202 538 8000 rachelfrank@quinnemanuel.com
Space Nathan Seth Goralnik +1 212 849 7049 nathangoralnik@quinnemanuel.com
Space Brenna D Nelinson +1 410 718 0000 brennanelinson@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 Sarah Heaton Concannon +1 202 538 8122 sarahconcannon@quinnemanuel.com
Space Rachel G. Frank +1 202 538 8000 rachelfrank@quinnemanuel.com
Space Nathan Seth Goralnik +1 212 849 7049 nathangoralnik@quinnemanuel.com
Space Brenna D Nelinson +1 410 718 0000 brennanelinson@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

Represented by Quinn Emanuel Urquhart & Sullivan, LLP

Name Phone Fax E-Mail
Space Jesse Bernstein +1 212 849 7036 jessebernstein@quinnemanuel.com
Space Rachel G. Frank +1 202 538 8000 rachelfrank@quinnemanuel.com
Space Nathan Seth Goralnik +1 212 849 7049 nathangoralnik@quinnemanuel.com
Space Brenna D Nelinson +1 410 718 0000 brennanelinson@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 Birchall, Jared, Defendant
Officially listed as "Jared Birchall"

Represented by Quinn Emanuel Urquhart & Sullivan, LLP

Name Phone Fax E-Mail
Space Jesse Bernstein +1 212 849 7036 jessebernstein@quinnemanuel.com
Space Sarah Heaton Concannon +1 202 538 8122 sarahconcannon@quinnemanuel.com
Space Rachel G. Frank +1 202 538 8000 rachelfrank@quinnemanuel.com
Space Nathan Seth Goralnik +1 212 849 7049 nathangoralnik@quinnemanuel.com
Space Brenna D Nelinson +1 410 718 0000 brennanelinson@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
Other Parties
Amalgamated Bank Amalgamated Bank, Movant

Represented by Rosen Law Firm PA

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

Represented by Pomerantz LLP

Name Phone Fax E-Mail
Space Jeremy A. 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
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Legal Document (Payment Possibly Required) 240 Filed: 1/23/2026, Entered: None Stipulation and Order
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Legal Document (Payment Possibly Required) 239 Filed: 1/22/2026, Entered: None Proposed Stipulation and Order
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Legal Document (Payment Possibly Required) 238 Filed: 1/13/2026, Entered: None Notice of Change of Address
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Legal Document (Payment Possibly Required) 237 Filed: 1/13/2026, Entered: None Notice of Change of Address
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Memo Endorsement with OCR 236 Filed: 12/16/2025, Entered: 12/16/2025 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: 235 Letter, filed by Elon R. Musk, Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC. ENDORSEMENT: Granted. The conference scheduled for today is cancelled. Because the letters briefing the application will not be considered by the Court for purposes of an adjudication, the related motions to seal (Docket ## 223, 224, 230) are terminated as moot. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/16/2025) (cf)
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Letter with OCR 235 Filed: 12/16/2025, Entered: 12/16/2025 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Sarah Heaton Concannon dated December 16, 2025 re: Motion to Compel Hearing. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Concannon, Sarah)
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Legal Document (Payment Possibly Required) 234 Filed: 12/15/2025, Entered: 12/15/2025 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Katherine M. Sinderson dated December 15, 2025 re: Electronic Device Order. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Proposed Order Re Electronic Devices).(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 233 Filed: 12/15/2025, Entered: 12/15/2025 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Sarah Heaton Concannon dated 12/15/2025 re: Electronic Device Request. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk. (Attachments: # 1 Exhibit A - Completed Electronic Device Request Form).(Concannon, Sarah)
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Legal Document (Payment Possibly Required) 232 Filed: 12/12/2025, Entered: 12/12/2025 OrderCourt Filing
ORDER: A conference to discuss the discovery dispute raised in Docket # 221 will take place on Tuesday, December 16, 2025, at 3:30 p.m. in Courtroom 519, United States Courthouse, 40 Centre Street, New York, New York. As further set forth in the Order. (Discovery Hearing set for 12/16/2025 at 03:30 PM in Courtroom 519, 40 Centre Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/12/2025) (cf)
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Legal Document (Payment Possibly Required) 231 Filed: 12/10/2025, Entered: 12/10/2025 LetterCourt Filing
***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Katherine M. Sinderson dated December 10, 2025 re: Reply to Defendants' Letter (ECF No. 225). Document filed by Oklahoma Firefighters Pension and Retirement System.Motion or Order to File Under Seal: 229 .(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 230 Filed: 12/10/2025, Entered: 12/10/2025 SealCourt Filing
LETTER MOTION to Seal Reply Letter addressed to Magistrate Judge Gabriel W. Gorenstein from Katherine M. Sinderson dated December 10, 2025. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Letter with OCR 229 Filed: 12/10/2025, Entered: 12/10/2025 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Katherine M. Sinderson dated December 10, 2025 re: Reply to Defendants' Letter (ECF No. 225). Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Exhibit H).(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 228 Filed: 12/8/2025, Entered: 12/8/2025 Certificate of Service Other
CERTIFICATE OF SERVICE of Sealed Response Letter to Plaintiff's Letter and Proposed Motion to Compel served on Plaintiff on 12/5/2025. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Goralnik, Nathan)
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Legal Document (Payment Possibly Required) 227 Filed: 12/8/2025, Entered: 12/8/2025 OrderCourt Filing
ORDER: Plaintiff has leave to file a reply letter on or before December 10, 2025, to defendant's opposition (Docket # 226) to its pending letter motion to compel (Docket # 221). ( Replies due by 12/10/2025.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/8/2025) (cf)
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Legal Document (Payment Possibly Required) 226 Filed: 12/5/2025, Entered: 12/5/2025 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Sarah Heaton Concannon dated December 5, 2025 re: Defendants' Opposition to Plaintiff's Request at ECF No. 221 . Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk. (Attachments: # 1 Exhibit A - Email Correspondences (Redacted)).(Concannon, Sarah)
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Legal Document (Payment Possibly Required) 225 Filed: 12/5/2025, Entered: 12/5/2025 LetterCourt Filing
***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Sarah Heaton Concannon dated December 5, 2025 re: Defendants' Opposition to Plaintiff's Request at ECF No. 221 . Document filed by Excession LLC, Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Elon R. Musk. (Attachments: # 1 Exhibit A - Email Correspondences)Motion or Order to File Under Seal: 224 .(Concannon, Sarah)
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Legal Document (Payment Possibly Required) 224 Filed: 12/5/2025, Entered: 12/5/2025 SealCourt Filing
LETTER MOTION to Seal addressed to Magistrate Judge Gabriel W. Gorenstein from Nathan Goralnik dated December 5, 2025. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Goralnik, Nathan)
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Legal Document (Payment Possibly Required) 223 Filed: 12/3/2025, Entered: 12/3/2025 SealCourt Filing
LETTER MOTION to Seal Letter Regarding Motion to Compel and Exhibits C-G [Dkt #222] addressed to Magistrate Judge Gabriel W. Gorenstein from Katherine M. Sinderson dated December 3, 2025. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 222 Filed: 12/3/2025, Entered: 12/3/2025 LetterCourt Filing
***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Katherine M. Sinderson dated December 3, 2025 re: Plaintiff's Letter Requesting Pre-Motion Conference Regarding Motion to Compel. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Exhibit C, # 2 Exhibit D, # 3 Exhibit E, # 4 Exhibit F, # 5 Exhibit G)Motion or Order to File Under Seal: 221 .(Sinderson, Katherine)
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Letter with OCR 221 Filed: 12/3/2025, Entered: 12/3/2025 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Katherine M. Sinderson dated December 3, 2025 re: Plaintiff's Letter Requesting Pre-Motion Conference Regarding Motion to Compel. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G).(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 220 Filed: 11/12/2025, Entered: 11/12/2025 Stipulation and OrderCourt Filing
JOINT STIPULATION AND ORDER REGARDING REVISED SCHEDULE: THEREFORE, as hereby stipulated and agreed by and between the undersigned counselfor the Parties, the Parties respectfully request that this Court enter the following schedule: as further set forth in this Stipulation and Order. The proposed schedule is approved. ( Expert Discovery due by 4/3/2026., Fact Discovery due by 1/23/2026.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/12/2025) (sgz)
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Proposed Stipulation and Order with OCR 219 Filed: 11/12/2025, Entered: 11/12/2025 Proposed Stipulation and Order
PROPOSED STIPULATION AND ORDER. Document filed by Oklahoma Firefighters Pension and Retirement System..(Graziano, Salvatore)
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Legal Document (Payment Possibly Required) 218 Filed: 10/24/2025, Entered: 10/24/2025 Response
RESPONSE re: [208] Order,,, . Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk. (Attachments: # (1) Exhibit 1 - Exhibit 3 to Defendants' Opposition to the Motion to Require, previously filed as Dkt. No. 184-03, # (2) Exhibit 2 - Exhibit 4 to Defendants' Opposition to the Motion to Require, previously filed as Dkt. No. 184-04, # (3) Exhibit 3 - Exhibit 5 to Defendants' Opposition to the Motion to Require, previously filed as Dkt. No. 184-05, # (4) Exhibit 4 - Exhibit 6 to Defendants' Opposition to the Motion to Require, previously filed as Dkt. No. 184-06, # (5) Exhibit 5 - Exhibit 7 to Defendants' Opposition to the Motion to Require, previously filed as Dkt. No. 184-07).(Concannon, Sarah)
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Legal Document (Payment Possibly Required) 217 Filed: 10/24/2025, Entered: 10/24/2025 LetterCourt Filing
LETTER addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated October 24, 2025 re: Withdrawal of Letter Request (ECF No. 192). Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 216 Filed: 10/24/2025, Entered: 10/24/2025 Certificate of Service Other
CERTIFICATE OF SERVICE of Redacted and Under-seal copies of Defendants' Sur-Reply Memorandum of Law in Opposition to Lead Plaintiff's Motion for Class Certification served on OKLAHOMA FIREFIGHTERS PENSION AND RETIREMENT SYSTEM on 10/24/2025. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Waldman, Jacob)
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Legal Document (Payment Possibly Required) 215 Filed: 10/24/2025, Entered: 10/24/2025 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [140] MOTION to Certify Class . (Sur-Reply). Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Spiro, Alex)
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Legal Document (Payment Possibly Required) 214 Filed: 10/24/2025, Entered: 10/24/2025 Memorandum of Law in Opposition to Motion
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: [140] MOTION to Certify Class . (Sur-Reply). 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: [213].(Spiro, Alex)
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Legal Document (Payment Possibly Required) 213 Filed: 10/24/2025, Entered: 10/24/2025 Motion to SealCourt Filing
LETTER MOTION to Seal addressed to Magistrate Judge Gabriel W. Gorenstein from Jacob J. Waldman dated October 24, 2025. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Waldman, Jacob)
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Response with OCR 212 Filed: 10/23/2025, Entered: 10/23/2025 Response
RESPONSE re: [208] Order,,, . Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit 1 - Memorandum of Law in Support of Motion to Require, previously filed as ECF No. 173, # (2) Exhibit 2 - Exhibit 1 to Motion to Require, previously filed as ECF No. 174-1, # (3) Exhibit 3 - Exhibit 2 to Motion to Require, previously filed as ECF No. 174-2, # (4) Exhibit 4 - Exhibit 3 to Motion to Require, previously filed as ECF No. 174-3, # (5) Exhibit 5 - Exhibit 4 to Motion to Require, previously filed as ECF No. 174-4, # (6) Exhibit 6 - Exhibit 7 to Motion to Require, previously filed as ECF No. 174-7, # (7) Exhibit 7 - Exhibit 12 to Motion to Require, previously filed as ECF No. 174-12, # (8) Exhibit 8 - Reply Memorandum of Law in Further Support of Motion to Require, previously filed as ECF No. 186).(Sinderson, Katherine)
  • Attachment 1 Exhibit 1 - Memorandum of Law in Support of Motion to Require, previously filed as ECF No. 173
  • Attachment 2 Exhibit 2 - Exhibit 1 to Motion to Require, previously filed as ECF No. 174-1
  • Attachment 3 Exhibit 3 - Exhibit 2 to Motion to Require, previously filed as ECF No. 174-2
  • Attachment 4 Exhibit 4 - Exhibit 3 to Motion to Require, previously filed as ECF No. 174-3
  • Attachment 5 Exhibit 5 - Exhibit 4 to Motion to Require, previously filed as ECF No. 174-4
  • Attachment 6 Exhibit 6 - Exhibit 7 to Motion to Require, previously filed as ECF No. 174-7
  • Attachment 7 Exhibit 7 - Exhibit 12 to Motion to Require, previously filed as ECF No. 174-12
  • Attachment 8 Exhibit 8 - Reply Memorandum of Law in Further Support of Motion to Require, previously filed as ECF No. 186
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Order with OCR 211 Filed: 10/23/2025, Entered: 10/23/2025 OrderCourt Filing
ORDER : Defendants are ordered to file their Proposed Sur-Reply by October 24, 2025. At this time, Plaintiff's request to respond to Defendants' Proposed Sur-Reply is denied. However, Plaintiff can renew the request if Defendants include any new information not in the Proposed Sur-Reply. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/23/25) (yv)
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Order with OCR 210 Filed: 10/23/2025, Entered: 10/23/2025 OrderCourt Filing
ORDER : October 24, 2025, Plaintiff is directed to a file a letter indicating whether Plaintiff is seeking to withdraw the letter motion contained in ECF No. 192. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/23/25) (yv)
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Memorandum and Opinion with OCR 209 Filed: 10/23/2025, Entered: 10/23/2025 Memorandum and OpinionCourt Filing
OPINION AND ORDER re: [172] MOTION to Require Defendants to Decide Whether They Will Rely on Counsel as An Affirmative Defense filed by Oklahoma Firefighters Pension and Retirement System. For the foregoing reasons, plaintiff's motion to require an election by defendants as to any advice of counsel or good faith defense is granted as set forth above. Following the briefing on this motion, defendants made that election and, as a result, defendants are precluded from offering evidence or argument that they relied on the advice of counsel or had a good faith belief in the lawfulness of their conduct after they consulted counsel on April 1, 2022. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/23/2025) (sgz)
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Order with OCR 208 Filed: 10/23/2025, Entered: 10/23/2025 OrderCourt Filing
ORDER: The motions to seal filed in relation to the "motion to require" (Docket # 172) and docketed as ## 176, 181 and 187 are denied, except that the names of nonparty Morgan Stanley employees shall be redacted for the reasons stated in Docket ## 95. To comply with this Order, each side is directed to refile forthwith any documents that they previously filed under seal or with redactions --- and do so with only the redactions permitted by this Order. The filing may be accomplished by attaching the new versions of the documents as exhibits to a cover letter. The ECF entry for each exhibit should indicate the docket number of the prior sealed or redacted version (for example, "Memorandum of Law in Support of Motion to Require, previously filed as Docket # 173"). (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/23/2025) (sgz) Modified on 10/23/2025 (sgz).
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Letter with OCR 207 Filed: 10/22/2025, Entered: 10/22/2025 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Jonathan D. Polkes dated October 22, 2025 re: October 17, 2025 Order on Sealing Justification. Document filed by Morgan Stanley Smith Barney LLC..(Polkes, Jonathan)
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Letter with OCR 206 Filed: 10/21/2025, Entered: 10/21/2025 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Katherine M. Sinderson dated October 21, 2025 re: Plaintiff's Letter Response to Defendants' Sealing Letter. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Order with OCR 205 Filed: 10/16/2025, Entered: 10/17/2025 OrderCourt Filing
ORDER : Morgan Stanley is directed to file a letter as soon as practicable (and no later than October 22, 2025), giving its justification for the sealing of this document. See Docket # 195. Morgan Stanely need not provide justification for redacting the names of Morgan Stanley employees as the Court will in any event order such redaction in accordance with its prior ruling. See Docket # 95. The parties are directed to provide a copy of this Order to an appropriate representative of Morgan Stanley forthwith (which shall at a minimum include the attorney who previously appeared on its behalf (see Docket # 85)). SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/16/25) (yv) (Main Document 205 replaced on 10/17/2025) (sgz).
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Letter with OCR 204 Filed: 10/16/2025, Entered: 10/16/2025 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Sarah Heaton Concannon dated October 16, 2025 re: Response to [195] Order. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Concannon, Sarah)
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Response to motion with OCR 203 Filed: 10/16/2025, Entered: 10/16/2025 Response to motionCourt Filing
LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated October 16, 2025 re: [201] LETTER MOTION for Leave to File Sur-Reply addressed to Judge Andrew L. Carter, Jr. from Alex Spiro dated October 14, 2025., [202] LETTER MOTION for Leave to File Sur-Reply addressed to Judge Andrew L. Carter, Jr. from Alex Spiro dated October 14, 2025. . Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 202 Filed: 10/14/2025, Entered: 10/14/2025 Motion for Leave to file documentCourt Filing
***SELECTED PARTIES*** LETTER MOTION for Leave to File Sur-Reply addressed to Judge Andrew L. Carter, Jr. from Alex Spiro dated October 14, 2025. 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 - Proposed Sur-Reply)Motion or Order to File Under Seal: [200].(Spiro, Alex)
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Legal Document (Payment Possibly Required) 201 Filed: 10/14/2025, Entered: 10/14/2025 Motion for Leave to file documentCourt Filing
LETTER MOTION for Leave to File Sur-Reply addressed to Judge Andrew L. Carter, Jr. from Alex Spiro dated October 14, 2025. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk. (Attachments: # (1) Exhibit A - Proposed Sur-Reply).(Spiro, Alex)
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Legal Document (Payment Possibly Required) 200 Filed: 10/14/2025, Entered: 10/14/2025 Motion to SealCourt Filing
LETTER MOTION to Seal addressed to Magistrate Judge Gabriel W. Gorenstein from Jacob J. Waldman dated October 14, 2025. 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) 199 Filed: 10/14/2025, Entered: 10/14/2025 Response to motionCourt Filing
LETTER RESPONSE to Motion addressed to Magistrate Judge Gabriel W. Gorenstein from Jacob J. Waldman dated October 14, 2025 re: [192] LETTER MOTION to Seal addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated October 7, 2025. . Document filed by Elon Musk Revocable Trust dated July 22, 2003, Elon R. Musk..(Waldman, Jacob)
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Letter with OCR 198 Filed: 10/13/2025, Entered: 10/13/2025 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Alex Spiro dated October 13, 2025 re: the Court's order (dkt. 197). Document filed by Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Spiro, Alex)
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Order with OCR 197 Filed: 10/10/2025, Entered: 10/10/2025 OrderCourt Filing
ORDER re: [189] Order. The letter filed today (Docket # 196) does not comply with the Court's Order of October 7, 2025 (Docket # 189). Defendants are directed to file a letter that complies with the Court's Order as soon as practicable and no later than October 14, 2025. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/10/25) (Gorenstein, Gabriel)
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Letter with OCR 196 Filed: 10/10/2025, Entered: 10/10/2025 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Sarah Heaton Concannon dated October 10, 2025 re: Court's October 7, 2025 Order, ECF No. [189]. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Concannon, Sarah)
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Order with OCR 195 Filed: 10/9/2025, Entered: 10/9/2025 OrderCourt Filing
ORDER: Accordingly, if defendants seek to maintain the items under seal listed in Docket ## 176 and 187, they are permitted to file an application on or before October 16, 2025, seeking to seal those items. With respect to defendants' application in Docket # 181, consistent with its previous Order in this case (Docket # 95), the Court will permit the redaction of the names of the two non-parties in an effort to protect their privacy at this stage of the case. As for the request to seal the cited transcript of testimony,...defendants are directed to address this issue as well as any other arguments they have to support sealing the transcript in a supplementary letter filed on or before October 16, 2025. Plaintiff may respond within 3 business days of the filing of defendants' letters. As further set forth in the Order. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/9/2025) (cf)
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Legal Document (Payment Possibly Required) 194 Filed: 10/7/2025, Entered: 10/8/2025 Declaration in Support of Motion
***SELECTED PARTIES***DECLARATION of Katherine M. Sinderson in Support re: [140] MOTION to Certify Class .. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit D - Excerpts from Deposition of Plaintiff's Investment Manager, # (2) Exhibit E - Declaration from Plaintiff's Investment Manager, # (3) Exhibit F - Wells Fargo Analyst Report, # (4) Exhibit G - Bank of America Analyst Report, # (5) Exhibit H - Mason Reply Report, # (6) Exhibit I - Ferrell Depo Excerpts, # (7) Exhibit M - Wedbush Analyst Report, # (8) Exhibit N - CFRA Analyst Report, # (9) Exhibit P - Morgan Stanley Report)Motion or Order to File Under Seal: [192].(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 193 Filed: 10/7/2025, Entered: 10/7/2025 Reply Memorandum of Law in Support of Motion
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: [140] MOTION to Certify Class . . Document filed by Oklahoma Firefighters Pension and Retirement System. Motion or Order to File Under Seal: [192].(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 192 Filed: 10/7/2025, Entered: 10/7/2025 Motion to SealCourt Filing
LETTER MOTION to Seal addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated October 7, 2025. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Sealed Legal Document 191 Filed: 10/7/2025, Entered: 10/7/2025 Declaration in Support of Motion
DECLARATION of Katherine M. Sinderson in Support re: [140] MOTION to Certify Class .. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit D - Filed Under Seal, # (2) Exhibit E - Filed Under Seal, # (3) Exhibit F - Filed Under Seal, # (4) Exhibit G - Filed Under Seal, # (5) Exhibit H - Filed Under Seal, # (6) Exhibit I - Filed Under Seal, # (7) Exhibit J - Mason Deposition Excerpts, # (8) Exhibit K - The Guardian Article, # (9) Exhibit L - Barrons Article, # (10) Exhibit M - Filed Under Seal, # (11) Exhibit N - Filed Under Seal, # (12) Exhibit O - The Deal Pipeline Article, # (13) Exhibit P - Filed Under Seal, # (14) Exhibit Q - Comcast Chart, # (15) Exhibit R - OKFPRS Deposition Excerpts).(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 190 Filed: 10/7/2025, Entered: 10/7/2025 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [140] MOTION to Certify Class . . Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Order with OCR 189 Filed: 10/7/2025, Entered: 10/7/2025 OrderCourt Filing
ORDER: Defendants' filings repeatedly assert that they do not intend to rely on any advice of counsel in their defense of this matter. However, at one point in their brief, they make a contrary assertion: namely, that they intend to offer evidence that they "followed counsel's guidance in making proper disclosures." Even if defendants were to withdraw their assertion, defendants' filings to date do not make clear whether or not they intend to offer evidence or argue that they had a good faith belief in the lawfulness of their actions (or omissions) in the period after they consulted counsel. Defendants are directed to set forth their position on these two matters by means of a letter filed on ECF on or before October 10, 2025. As further set forth in the Order. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/7/2025) (cf)
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Legal Document (Payment Possibly Required) 188 Filed: 9/26/2025, Entered: 9/26/2025 Reply Memorandum of Law in Support of Motion
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: [172] MOTION to Require Defendants to Decide Whether They Will Rely on Counsel as An Affirmative Defense . . Document filed by Oklahoma Firefighters Pension and Retirement System. Motion or Order to File Under Seal: [187].(Graziano, Salvatore)
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Legal Document (Payment Possibly Required) 187 Filed: 9/26/2025, Entered: 9/26/2025, Terminated: 10/23/2025 Motion to SealCourt Filing
LETTER MOTION to Seal addressed to Magistrate Judge Gabriel W. Gorenstein from Salvatore J. Graziano dated September 26, 2025. Document filed by Oklahoma Firefighters Pension and Retirement System..(Graziano, Salvatore)
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Reply Memorandum of Law in Support of Motion with OCR 186 Filed: 9/26/2025, Entered: 9/26/2025 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [172] MOTION to Require Defendants to Decide Whether They Will Rely on Counsel as An Affirmative Defense . . Document filed by Oklahoma Firefighters Pension and Retirement System..(Graziano, Salvatore)
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Legal Document (Payment Possibly Required) 185 Filed: 9/19/2025, Entered: 9/19/2025 Declaration in Support
***EX-PARTE***DECLARATION of Sarah Heaton Concannon in Support re: [182] Response to Motion,. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk. (Attachments: # (1) Exhibit 3 - Birchall Twitter Excerpts_Highlighted, # (2) Exhibit 4 - Musk SEC Excerpts_Redacted, # (3) Exhibit 5 - MSSB_OklaFire Excerpt_Redacted, # (4) Exhibit 6 - Birchall SEC Excerpts_Highlighted, # (5) Exhibit 7 - Birchall SEC Day 2 Excerpts_Highlighted)Motion or Order to File Under Seal: [181].(Concannon, Sarah)
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Legal Document (Payment Possibly Required) 184 Filed: 9/19/2025, Entered: 9/19/2025 Declaration in Support
DECLARATION of Sarah Heaton Concannon in Support re: [182] Response to Motion,. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk. (Attachments: # (1) Exhibit 1 - 2025.09.05 R&O to Plts. RFA (excerpts), # (2) Exhibit 2 - 2025.09.05 - Defendants R&Os to Lead Plaintiff Fourth Interrogatories (excerpts), # (3) Exhibit 3 - Birchall Twitter Excerpts_Redacted, # (4) Exhibit 4 - Musk SEC Excerpts, # (5) Exhibit 5 - Slip Sheet, # (6) Exhibit 6 - Birchall SEC Excerpts, # (7) Exhibit 7 - Birchall SEC Day 2 Excerpts).(Concannon, Sarah)
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Memorandum of Law in Opposition with OCR 183 Filed: 9/19/2025, Entered: 9/19/2025 Memorandum of Law in Opposition
MEMORANDUM OF LAW in Opposition re: [172] MOTION to Require Defendants to Decide Whether They Will Rely on Counsel as An Affirmative Defense ., [175] Proposed Order, [173] Memorandum of Law in Support of Motion, [174] Declaration in Support of Motion, [178] Declaration in Support of Motion, [177] Memorandum of Law in Support of Motion, . Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Concannon, Sarah)
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Response to motion with OCR 182 Filed: 9/19/2025, Entered: 9/19/2025 Response to motionCourt Filing
LETTER RESPONSE to Motion addressed to Magistrate Judge Gabriel W. Gorenstein from Sarah Heaton Concannon dated September 19, 2025 re: [176] LETTER MOTION to Seal addressed to Magistrate Judge Gabriel W. Gorenstein from Katherine M. Sinderson dated September 5, 2025. . Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Concannon, Sarah)
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Legal Document (Payment Possibly Required) 181 Filed: 9/19/2025, Entered: 9/19/2025, Terminated: 10/23/2025 Motion to SealCourt Filing
LETTER MOTION to Seal addressed to Magistrate Judge Gabriel W. Gorenstein from Sarah Heaton Concannon dated September 19, 2025. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Concannon, Sarah)
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Legal Document (Payment Possibly Required) 180 Filed: 9/12/2025, Entered: 9/12/2025 Order on Motion for Leave to File Excess PagesCourt Filing
ORDER granting [179] Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/12/25) (yv)
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Legal Document (Payment Possibly Required) 179 Filed: 9/11/2025, Entered: 9/11/2025, Terminated: 9/12/2025 Motion for Leave to File Excess PagesCourt Filing
LETTER MOTION for Leave to File Excess Pages (Unopposed) addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated September 11, 2025. 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. [175] Proposed Order was reviewed and approved as to form. (tp)
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Legal Document (Payment Possibly Required) 178 Filed: 9/5/2025, Entered: 9/5/2025 Declaration in Support of Motion
***SELECTED PARTIES***DECLARATION of Katherine M. Sinderson in Support re: [172] MOTION to Require Defendants to Decide Whether They Will Rely on Counsel as An Affirmative Defense .. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 7, # (6) Exhibit 12)Motion or Order to File Under Seal: [176].(Graziano, Salvatore)
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Legal Document (Payment Possibly Required) 177 Filed: 9/5/2025, Entered: 9/5/2025 Memorandum of Law
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: [172] MOTION to Require Defendants to Decide Whether They Will Rely on Counsel as An Affirmative Defense . . Document filed by Oklahoma Firefighters Pension and Retirement System. Motion or Order to File Under Seal: [176].(Graziano, Salvatore)
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Motion to Seal with OCR 176 Filed: 9/5/2025, Entered: 9/5/2025, Terminated: 10/23/2025 Motion to SealCourt Filing
LETTER MOTION to Seal addressed to Magistrate Judge Gabriel W. Gorenstein from Katherine M. Sinderson dated September 5, 2025. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 175 Filed: 9/5/2025, Entered: 9/5/2025 Proposed Order
PROPOSED ORDER. Document filed by Oklahoma Firefighters Pension and Retirement System. Related Document Number: [172]..(Graziano, Salvatore) Proposed Order to be reviewed by Clerk's Office staff.
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Legal Document (Payment Possibly Required) 174 Filed: 9/5/2025, Entered: 9/5/2025 Declaration in Support of Motion
DECLARATION of Katherine M. Sinderson in Support re: [172] MOTION to Require Defendants to Decide Whether They Will Rely on Counsel as An Affirmative Defense .. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12).(Graziano, Salvatore)
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Memorandum of Law with OCR 173 Filed: 9/5/2025, Entered: 9/5/2025 Memorandum of Law
MEMORANDUM OF LAW in Support re: [172] MOTION to Require Defendants to Decide Whether They Will Rely on Counsel as An Affirmative Defense . . Document filed by Oklahoma Firefighters Pension and Retirement System..(Graziano, Salvatore)
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Motion for Miscellaneous Relief with OCR 172 Filed: 9/5/2025, Entered: 9/5/2025, Terminated: 10/23/2025 Motion for Miscellaneous Relief
MOTION to Require Defendants to Decide Whether They Will Rely on Counsel as An Affirmative Defense . Document filed by Oklahoma Firefighters Pension and Retirement System..(Graziano, Salvatore)
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Legal Document (Payment Possibly Required) 171 Filed: 9/2/2025, Entered: 9/2/2025 LetterCourt Filing
***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Katherine M. Sinderson dated August 18, 2025 re: Letter Regarding Defendants' Reliance On Counsel Defense. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)Motion or Order to File Under Seal: [169].(Sinderson, Katherine)
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Letter with OCR 170 Filed: 9/2/2025, Entered: 9/2/2025 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Katherine M. Sinderson dated August 18, 2025 re: Letter Regarding Defendants' Reliance On Counsel Defense. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9).(Sinderson, Katherine)
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Order on Motion to seal with OCR 169 Filed: 8/26/2025, Entered: 8/26/2025 Order on Motion to sealCourt Filing
ORDER denying [152] Letter Motion to Seal. With regard to the application made in Docket ##151/153, it may be that the statements made by counsel in Docket # 155, which are binding on defendant, are sufficient for plaintiff. If not, plaintiff has leave to file a motion specifying exactly what relief it is seeking. Briefing shall be in accordance with paragraph 2.B of the Court's Individual Practices. If a motion is made, the parties should expect that the discovery period will be extended to allow for resolution of the motion before depositions of the pertinent parties. With regard to the application to seal, the Court has considered defendant's position as stated in Docket # 168. The application to seal (Docket # 152) is denied except that the name of any non-party employee that has not otherwise been made public may be redacted for privacy reasons. After consulting with defendant, plaintiff shall refile docket # 151 in a manner consistent with this Order. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/26/2025) (jjc) Modified on 8/27/2025 (jjc).
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Response to motion with OCR 168 Filed: 8/25/2025, Entered: 8/25/2025 Response to motionCourt Filing
LETTER RESPONSE to Motion addressed to Magistrate Judge Gabriel W. Gorenstein from Jesse Bernstein dated August 25, 2025 re: [152] LETTER MOTION to Seal Letter Regarding Defendants' Reliance On Counsel Defense addressed to Magistrate Judge Gabriel W. Gorenstein from Katherine M. Sinderson dated August 18, 2025. . Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Bernstein, Jesse)
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Declaration in Opposition with OCR 167 Filed: 8/22/2025, Entered: 8/22/2025 Declaration in Opposition
DECLARATION of Jesse Bernstein in Opposition re: [140] MOTION to Certify Class .. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk. (Attachments: # (1) Exhibit 1 - Expert Report of Allen Ferrell, PhD (Redacted), # (2) Exhibit (s) 2-7 Filed Under Seal).(Bernstein, Jesse)
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Memorandum of Law in Opposition to Motion with OCR 166 Filed: 8/22/2025, Entered: 8/22/2025 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [140] MOTION to Certify Class . . 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) 165 Filed: 8/22/2025, Entered: 8/22/2025 Declaration in Opposition
***SELECTED PARTIES***DECLARATION of Jesse Bernstein in Opposition re: [140] MOTION to Certify Class .. 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 1 - Expert Report of Allen Ferrell, PhD, # (2) Exhibit 2 - Plaintiff's Initial Disclosures, # (3) Exhibit 3 - Plaintiff's Investment Manager Deposition Transcript, # (4) Exhibit 4 - Excerpts of Plaintiff Deposition Transcript, # (5) Exhibit 5 - Plaintiff's Class Period Twitter Transactions, # (6) Exhibit 6 - Plaintiff April 2022 Portfolio Report, # (7) Exhibit 7 - Excerpts of Mason Deposition Transcript)Motion or Order to File Under Seal: [163].(Bernstein, Jesse)
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Legal Document (Payment Possibly Required) 164 Filed: 8/22/2025, Entered: 8/22/2025 Memorandum of Law in Opposition to Motion
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: [140] MOTION to Certify Class . . 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: [163].(Bernstein, Jesse)
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Motion to Seal with OCR 163 Filed: 8/22/2025, Entered: 8/22/2025 Motion to SealCourt Filing
LETTER MOTION to Seal addressed to Judge Andrew L. Carter, Jr. from Jesse Bernstein dated August 22, 2025. 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) 162 Filed: 8/22/2025, Entered: 8/22/2025 Order on Motion to withdraw as attorneyCourt Filing
MEMO ENDORSED ORDER granting [159] Motion to Withdraw as Attorney. ENDORSEMENT: Application to withdraw granted. So Ordered. (Attorney Jasmine P Cooper-Little terminated.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/22/25) (yv)
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Letter with OCR 161 Filed: 8/21/2025, Entered: 8/21/2025 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Alex Spiro dated August 21, 2025 re: Request for Formal Briefing. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Spiro, Alex)
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Legal Document (Payment Possibly Required) 160 Filed: 8/21/2025, Entered: 8/21/2025 Stipulation and OrderCourt Filing
JOINT STIPULATION AND ORDER REGARDING REVISED SCHEDULE: THEREFORE, as hereby stipulated and agreed by and between the undersigned counsel for the Parties, the Parties respectfully request that this Court enter the following schedule: Expert Discovery due by 12/23/2025., Fact Discovery due by 10/17/2025. 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. (And as further set forth herein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/21/2025) (jca)
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Legal Document (Payment Possibly Required) 159 Filed: 8/21/2025, Entered: 8/21/2025, Terminated: 8/22/2025 Motion to withdraw as attorney
MOTION for Jasmine Cooper-Little to Withdraw as Attorney . Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Proposed Order for Motion to Withdraw).(Sinderson, Katherine)
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Proposed Stipulation and Order with OCR 158 Filed: 8/21/2025, Entered: 8/21/2025 Proposed Stipulation and Order
PROPOSED STIPULATION AND ORDER. Document filed by Oklahoma Firefighters Pension and Retirement System..(Graziano, Salvatore)
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Legal Document (Payment Possibly Required) 157 Filed: 8/21/2025, Entered: 8/21/2025 Order on Motion to withdraw as attorneyCourt Filing
MEMO ENDORSEMENT denying [149] Motion to Withdraw as Attorney. ENDORSEMENT: Application denied without prejudice for failure to comply with Local Civil Rule 1.4. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/21/2025) (sgz)
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Legal Document (Payment Possibly Required) 156 Filed: 8/21/2025, Entered: 8/21/2025 Order on Motion to appear pro hac viceCourt Filing
ORDER FOR ADMISSION PRO HAC VICE granting [154] Motion for Frank I. Partnoy 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 8/21/2025) (sgz)
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Letter with OCR 155 Filed: 8/20/2025, Entered: 8/20/2025 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Alex Spiro dated August 20, 2025 re: Response to Letter [151]. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2).(Spiro, Alex)
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Legal Document (Payment Possibly Required) 154 Filed: 8/19/2025, Entered: 8/19/2025, Terminated: 8/21/2025 Motion to Appear Pro Hac Vice
MOTION for Frank I. Partnoy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number CNYSDC-31578481. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Affidavit /Declaration in Support of Motion for Pro Hac Vice, # (2) Exhibit A, # (3) Exhibit B, # (4) Proposed Order Text of Proposed Order).(Partnoy, Franklin)
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Blank  Filed: None, Entered: None Notice Regarding Pro Hac Vice Motion
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [154] MOTION for Frank I. Partnoy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number CNYSDC-31578481. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)
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Legal Document (Payment Possibly Required) 153 Filed: 8/18/2025, Entered: 8/18/2025 LetterCourt Filing
***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Katherine M. Sinderson dated August 18, 2025 re: Letter Regarding Defendants' Reliance On Counsel Defense. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)Motion or Order to File Under Seal: [152].(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 152 Filed: 8/18/2025, Entered: 8/18/2025, Terminated: 8/26/2025 Motion to SealCourt Filing
LETTER MOTION to Seal Letter Regarding Defendants' Reliance On Counsel Defense addressed to Magistrate Judge Gabriel W. Gorenstein from Katherine M. Sinderson dated August 18, 2025. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Letter with OCR 151 Filed: 8/18/2025, Entered: 8/18/2025 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Katherine M. Sinderson dated August 18, 2025 re: Letter Regarding Defendants' Reliance On Counsel Defense. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9).(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 150 Filed: 8/18/2025, Entered: 8/18/2025 Notice of Appearance
NOTICE OF APPEARANCE by Rebecca Temkin on behalf of Oklahoma Firefighters Pension and Retirement System..(Temkin, Rebecca)
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Legal Document (Payment Possibly Required) 149 Filed: 8/18/2025, Entered: 8/18/2025, Terminated: 8/21/2025 Motion to withdraw as attorney
MOTION for Jasmine Cooper-Little to Withdraw as Attorney . Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 148 Filed: 7/8/2025, Entered: 7/8/2025 Notice of Appearance
NOTICE OF APPEARANCE by Sarah Heaton Concannon on behalf of Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Elon R. Musk..(Concannon, Sarah)
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Legal Document (Payment Possibly Required) 147 Filed: 6/27/2025, Entered: 6/27/2025 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [146] Letter, filed by Elon R. Musk, Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC. ENDORSEMENT: The Court hereby modifies the briefing schedule included in its June 9 Order (ECF No. 137) and adopts the Parties' proposed deadlines for the remaining filings in connection with Lead Plaintiffs motion for class ce1iification: Defendants' response will be due August 22, 2025; and Lead Plaintiffs reply will be due on October 7, 2025. SO ORDERED. ( Replies due by 10/7/2025., Responses due by 8/22/2025) (Signed by Judge Andrew L. Carter, Jr on 6/27/2025) (jca)
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Legal Document (Payment Possibly Required) 146 Filed: 6/24/2025, Entered: 6/24/2025 LetterCourt Filing
LETTER addressed to Judge Andrew L. Carter, Jr. from Alex Spiro dated June 24, 2025 re: Clarification on Class Certification Briefing Schedule. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Spiro, Alex)
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Legal Document (Payment Possibly Required) 145 Filed: 6/24/2025, Entered: 6/24/2025 Notice of Appearance
NOTICE OF APPEARANCE by Brenna D Nelinson on behalf of Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Nelinson, Brenna)
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Blank  Filed: None, Entered: None Notice to Court Regarding Proposed Order
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. [143] Proposed Order was reviewed and approved as to form. (nd)
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Legal Document (Payment Possibly Required) 144 Filed: 6/23/2025, Entered: 6/23/2025 Motion for Oral ArgumentCourt Filing
LETTER MOTION for Oral Argument addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated June 23, 2025. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 143 Filed: 6/23/2025, Entered: 6/23/2025 Proposed Order
PROPOSED ORDER. Document filed by Oklahoma Firefighters Pension and Retirement System. Related Document Number: [140]..(Sinderson, Katherine) Proposed Order to be reviewed by Clerk's Office staff.
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Legal Document (Payment Possibly Required) 142 Filed: 6/23/2025, Entered: 6/23/2025 Declaration in Support of Motion
DECLARATION of Katherine M. Sinderson in Support re: [140] MOTION to Certify Class .. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit A - Expert Report of Joseph R. Mason, PhD, # (2) Exhibit B - Declaration of Chase Rankin, # (3) Exhibit C - BLB&G Firm Resume).(Sinderson, Katherine)
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Memorandum of Law with OCR 141 Filed: 6/23/2025, Entered: 6/23/2025 Memorandum of Law
MEMORANDUM OF LAW in Support re: [140] MOTION to Certify Class . . Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 140 Filed: 6/23/2025, Entered: 6/23/2025 motion to certify class
MOTION to Certify Class . Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Legal Document (Payment Possibly Required) 139 Filed: 6/12/2025, Entered: 6/12/2025 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a STATUS CONFERENCE proceeding held on 5/27/2025 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(js)
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Legal Document (Payment Possibly Required) 138 Filed: 6/12/2025, Entered: 6/12/2025 transcriptCourt Filing
TRANSCRIPT of Proceedings re: STATUS CONFERENCE held on 5/27/2025 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Adrienne Mignano, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/3/2025. Redacted Transcript Deadline set for 7/14/2025. Release of Transcript Restriction set for 9/10/2025.(js)
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Legal Document (Payment Possibly Required) 137 Filed: 6/9/2025, Entered: 6/9/2025 Order on Motion for conferenceCourt Filing
ORDER denying [133] Letter Motion for Conference. The Court DENIES Lead Plaintiff's request for a premotion conference and sets forth the briefing schedule endorsed by the Parties: Opening brief due June 23, 2025; Response due August 8, 2025; Reply, if any, due September 22, 2025. The Clerk of Court is respectfully directed to terminate the letter motions at ECF No. 133. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/9/25) (yv)
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Blank  Filed: None, Entered: None ***Set/Reset Deadlines
Set/Reset Deadlines: Motions due by 6/23/2025. Responses due by 8/8/2025. Replies due by 9/22/2025. (yv)
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Memorandum and Opinion with OCR 136 Filed: 6/5/2025, Entered: 6/5/2025 Memorandum and OpinionCourt Filing
OPINION AND ORDER re: [123] MOTION to Approve Conflict Screening Procedures filed by Oklahoma Firefighters Pension and Retirement System. For the foregoing reasons, BLB&G's motion to approve conflict screening procedures (Docket # 123) is granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/5/2025) (vfr)
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Response to motion with OCR 135 Filed: 6/4/2025, Entered: 6/4/2025 Response to motionCourt Filing
LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Alex Spiro dated June 4, 2025 re: [133] LETTER MOTION for Conference [Pre-Motion Conference] addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated May 30, 2025. . Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Spiro, Alex)
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Letter with OCR 134 Filed: 5/30/2025, Entered: 5/30/2025 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Salvatore J. Graziano dated May 30, 2025 re: Plaintiff's Motion to Approve Screening Procedures. Document filed by Oklahoma Firefighters Pension and Retirement System..(Graziano, Salvatore)
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Motion for Conference with OCR 133 Filed: 5/30/2025, Entered: 5/30/2025, Terminated: 6/9/2025 Motion for ConferenceCourt Filing
LETTER MOTION for Conference [Pre-Motion Conference] addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated May 30, 2025. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Blank  Filed: None, Entered: None Pretrial Conference - Interim
Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Pretrial Conference held on 5/27/2025. Supplemental letters due May 30, 2025. (cf)
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Order on Motion to Approve with OCR 132 Filed: 5/22/2025, Entered: 5/22/2025 Order on Motion to ApproveCourt Filing
ORDER with respect to [123] Motion to Approve Approve Conflict Screening Procedures. A telephone conference to discuss the issue of whether the motion to approve conflict screening procedures is ripe shall take place on Tuesday, May 27, 2025, at 11:00 a.m. At the above date and time, the parties shall dial 646-453-4442 and use access code: 460 130 246#. 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. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/22/2025) (sgz)
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Blank  Filed: None, Entered: None set/reset hearings
Set/Reset Hearings: Telephone Conference set for 5/27/2025 at 11:00 AM before Magistrate Judge Gabriel W. Gorenstein. (sgz)
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Legal Document (Payment Possibly Required) 131 Filed: 5/13/2025, Entered: 5/13/2025 Declaration in Support of Motion
DECLARATION of Salvatore J. Graziano in Support re: [123] MOTION to Approve Conflict Screening Procedures .. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3).(Graziano, Salvatore)
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Reply Memorandum of Law in Support of Motion with OCR 130 Filed: 5/13/2025, Entered: 5/13/2025 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [123] MOTION to Approve Conflict Screening Procedures . . Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit D - Bruce Green Rebuttal Declaration).(Graziano, Salvatore)
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Legal Document (Payment Possibly Required) 129 Filed: 5/8/2025, Entered: 5/8/2025 Notice of Appearance
NOTICE OF APPEARANCE by Nathan Goralnik on behalf of Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Goralnik, Nathan)
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Answer to amended complaint with OCR 128 Filed: 5/7/2025, Entered: 5/7/2025 Answer to amended complaint
ANSWER to [74] Amended Complaint, [99] Amended Complaint, [73] Amended Complaint,., ANSWER to [74] Amended Complaint, [99] Amended Complaint, [73] Amended Complaint,., ANSWER to [74] Amended Complaint, [99] Amended Complaint, [73] Amended Complaint,. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Spiro, Alex)
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Legal Document (Payment Possibly Required) 127 Filed: 5/6/2025, Entered: 5/6/2025 Declaration in Opposition to Motion
DECLARATION of Jesse Bernstein in Opposition re: [123] MOTION to Approve Conflict Screening Procedures .. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk. (Attachments: # (1) Exhibit A - March 21-26, 2025 Emails between QE and BLBG, # (2) Exhibit B - April 1-2, 2025 Emails between QE and BLBG, # (3) Exhibit C - April 11-17, 2025 Emails between QE and BLBG, # (4) Exhibit D - April 18-21, 2025 Emails between QE and BLBG, # (5) Exhibit E - LinkedIn Post by Jeroen van Kwawegen, # (6) Exhibit F - LinkedIn Post by Lauren Ormsbee, # (7) Exhibit G - LinkedIn Post by Amanda Fischer, # (8) Exhibit H - LinkedIn Post by Robin Andrews, # (9) Exhibit I - LinkedIn Post by AFR).(Spiro, Alex)
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Memorandum of Law in Opposition to Motion with OCR 126 Filed: 5/6/2025, Entered: 5/6/2025 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [123] MOTION to Approve Conflict Screening Procedures . . Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Spiro, Alex)
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Status report with OCR 125 Filed: 4/28/2025, Entered: 4/28/2025 Status report
STATUS REPORT. [Joint Status Report] Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Memorandum of Law with OCR 124 Filed: 4/22/2025, Entered: 4/22/2025 Memorandum of Law
MEMORANDUM OF LAW in Support re: [123] MOTION to Approve Conflict Screening Procedures . . Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit A - Green Declaration., # (2) Exhibit B - Tenreiro Declaration, # (3) Exhibit C - Graziano Declaration.).(Graziano, Salvatore)
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Motion to Approve with OCR 123 Filed: 4/22/2025, Entered: 4/22/2025, Terminated: 6/5/2025 Motion to Approve
MOTION to Approve Conflict Screening Procedures . Document filed by Oklahoma Firefighters Pension and Retirement System..(Graziano, Salvatore)
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Blank 122 Filed: 4/22/2025, Entered: 4/22/2025 OrderCourt Filing
ORDER re: [121] Letter, filed by Oklahoma Firefighters Pension and Retirement System. The Court's pre-motion conference requirement is waived for this proposed motion. Briefing on the motion shall be in accordance with paragraph 2.B of the Court's Individual Practices. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein) (Text Only Order) (Gorenstein, Gabriel)
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Letter with OCR 121 Filed: 4/22/2025, Entered: 4/22/2025 LetterCourt Filing
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Katherine M. Sinderson dated April 22, 2025 re: Pre-Motion Conference. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C).(Sinderson, Katherine)
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Stipulation and Order with OCR 120 Filed: 4/4/2025, Entered: 4/4/2025 Stipulation and OrderCourt Filing
JOINT STIPULATION AND ORDER REGARDING REVISED SCHEDULE: as hereby stipulated and agreed by and between the undersigned counsel for the Parties, the Parties respectfully request that this Court enter the following schedule: as further set forth in this Stipulation. Jared Birchall answer due 5/7/2025; Elon Musk Revocable Trust dated July 22, 2003 answer due 5/7/2025; Excession LLC answer due 5/7/2025; Elon R. Musk answer due 5/7/2025.( Expert Discovery due by 11/21/2025., Fact Discovery due by 9/5/2025., Pretrial Order due by 12/12/2025.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/4/2025) (sgz)
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Legal Document (Payment Possibly Required) 119 Filed: 4/4/2025, Entered: 4/4/2025 Proposed Stipulation and Order
PROPOSED STIPULATION AND ORDER. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Memorandum and Opinion with OCR 118 Filed: 3/28/2025, Entered: 3/28/2025 Memorandum and OpinionCourt Filing
OPINION AND ORDER re: [89] LETTER MOTION to Seal addressed to Judge Andrew L. Carter, Jr. from Jesse Bernstein dated May 14, 2024. filed by Elon R. Musk, Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, [90] LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from Jesse Bernstein dated May 14, 2024. filed by Elon R. Musk, Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, [112] LETTER MOTION for Oral Argument addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated August 12, 2024. filed by Oklahoma Firefighters Pension and Retirement System, [105] MOTION to Dismiss Lead Plaintiff's First Amended Complaint. filed by Elon R. Musk, Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, [104] LETTER MOTION to Seal addressed to Judge Andrew L. Carter, Jr. from Jesse Bernstein dated July 3, 2024. filed by Elon R. Musk, Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, [93] LETTER MOTION to Seal addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated May 17, 2024. filed by Oklahoma Firefighters Pension and Retirement System. For the foregoing reasons, Defendants' motion to dismiss is DENIED to the extent the 10(b)-5(a) and (c) claims are predicated on the following acts: (1) the improper Schedule 13G filing; (2) Musk's misleading tweets about Twitter's future, and (3) the carrying out of a coordinated trading strategy to silently build up Musk's position in Twitter. Defendants' motion to dismiss is DENIED to the extent the 10(b)-5(b) claim is predicated on the following statements: (1)Musk's March 26, 2022 "Haha that would [be] sickkk"; and (2) Musk's March 26, 2022 "Am giving serious thought to this" tweet. Defendants motion to dismiss is also DENIED as to Plaintiff's Section 20(a) claims Defendant's motion to dismiss is GRANTED to the extent the 10(b)-5(a) and (c) claims are predicated on the allegedly deceptive act of Defendants making false statements of legal blessing as to their trading strategy. Defendants' motion to dismiss is GRANTED to the extent the 10(b)-5(b) claim is predicated on the following statements: (1) Musk's March 25, 2022 Twitter poll; (2) Musk's March 26, 2022 "What should be done?" tweet; and (3) Musk's March 26, 2022 "Is a new platform needed?" tweet. Additionally, Plaintiff's motion for oral argument is DENIED. The Parties' letter motions to seal are GRANTED. All pending letter motions for conferences are DENIED. The parties are hereby ORDERED to file a joint status report on the proposed next steps in this matter thirty (30) days after the entry of this order. The Clerk of the Court is respectfully directed to terminate the open motions at ECF Nos. 89, 90, 93, 104, 105, and 112. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/28/25) (yv)
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Legal Document (Payment Possibly Required) 117 Filed: 12/16/2024, Entered: 12/16/2024 Notice of change of address
NOTICE OF CHANGE OF ADDRESS by Jacob J Waldman on behalf of Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Jared Birchall, Elon R. Musk. New Address: Quinn Emanuel Urquhart & Sullivan LLP, 295 5th Avenue, New York, NY, 10016, 212-849-7000..(Waldman, Jacob)
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Legal Document (Payment Possibly Required) 116 Filed: 12/13/2024, Entered: 12/13/2024 Notice of change of address
NOTICE OF CHANGE OF ADDRESS by Alex Spiro on behalf of Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Jared Birchall, Elon R. Musk. New Address: Quinn Emanuel Urquhart & Sullivan, LLP, 295 5th Ave., New York, New York, United States 10016, 212-849-7000..(Spiro, Alex)
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Legal Document (Payment Possibly Required) 115 Filed: 12/9/2024, Entered: 12/9/2024 Notice of change of address
NOTICE OF CHANGE OF ADDRESS by Jesse Bernstein on behalf of Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Jared Birchall, Elon R. Musk. New Address: Quinn Emanuel Urquhart & Sullivan LLP, 295 Fifth Avenue, New York, NY, 10016, (212) 849-7000..(Bernstein, Jesse)
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Reply Memorandum of Law in Support of Motion with OCR 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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Letter with OCR 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, Terminated: 3/28/2025 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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Memorandum of Law in Opposition to Motion with OCR 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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Declaration in Support of Motion with OCR 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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Memorandum of Law with OCR 108 Filed: 7/3/2024, Entered: 7/3/2024 Memorandum of Law
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
***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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Motion to Dismiss with OCR 105 Filed: 7/3/2024, Entered: 7/3/2024, Terminated: 3/28/2025 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, Terminated: 3/28/2025 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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Order on motion for extension of time with OCR 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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Response to motion with OCR 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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Amended Complaint with OCR 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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Letter with OCR 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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Order on Motion to seal with OCR 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, Terminated: 3/28/2025 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, Terminated: 3/28/2025 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, Terminated: 3/28/2025 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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Motion to Seal with OCR 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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Notice of Appearance with OCR 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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order on motion for extension of time to file with OCR 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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Order with OCR 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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Amended Complaint with OCR 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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Proposed Stipulation and Order with OCR 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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Memorandum and Opinion with OCR 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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Order with OCR 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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Letter with OCR 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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Letter with OCR 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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Answer to Complaint with OCR 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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protective order with OCR 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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Scheduling Order with OCR 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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Status report with OCR 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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Memorandum and Opinion with OCR 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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Letter with OCR 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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Motion for Oral Argument with OCR 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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Reply Memorandum of Law in Support of Motion with OCR 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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Order on Motion for Extension of Time to File Response / Reply with OCR 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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Memorandum of Law in Opposition to Motion with OCR 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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Memorandum of Law with OCR 41 Filed: 1/30/2023, Entered: 1/30/2023 Memorandum of Law
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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Motion to Dismiss with OCR 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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Order with OCR 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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Proposed Stipulation and Order with OCR 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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Complaint with OCR 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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Proposed Stipulation and Order with OCR 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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Memorandum and Opinion with OCR 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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Memorandum of Law in Opposition to Motion with OCR 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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Notice (other) with OCR 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
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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Proposed Order with OCR 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
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
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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Motion to Appoint Lead Plaintiff(s) with OCR 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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Civil Cover Sheet with OCR 2 Filed: 4/12/2022, Entered: 4/12/2022 Civil Cover Sheet
CIVIL COVER SHEET filed..(Block, Jeffrey)
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Complaint with OCR 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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