Balan v. Tesla Motors Inc

Federal Civil Lawsuit California Northern District Court, Case No. 3:22-cv-03890-SK
Magistrate Judge Sallie Kim, presiding
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Magistrate Judge Sallie Kim
Last Updated October 3, 2022 at 6:27 PM EDT (2.3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Balan, Cristina, Plaintiff
Officially listed as "Cristina Balan"
v.
Tesla, Inc. Tesla, Inc., Defendant
Officially listed as "Tesla Motors Inc."

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Jason S. Mills +1 213 612 2500 jason.mills@morganlewis.com
Attributes
Office San Francisco
Filed 7/1/2022
Jury Demand Both
Demand
Nature of Suit 320 - Personal Injury: Assault Libel & Slander
Cause Section 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander
Jurisdiction Diversity
Disposition
County XX US, Outside State
Terminated
Origin 5
Reopened
Lead Case
None
Related Case
None
Other Court Case 2:19-cv-00067[Washington Western]
Defendant Custody Status
Flags ADRMOP,E-ProSe,ProSe
Timeline
  Entries (116) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 111 Filed: 10/3/2022, Entered: None Judgment - Clerk
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Legal Document (Payment Possibly Required) 110 Filed: 10/3/2022, Entered: None Terminate Civil Case
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Legal Document (Payment Possibly Required) 109 Filed: 9/28/2022, Entered: None Case Management Statement
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Legal Document (Payment Possibly Required) 108 Filed: 9/27/2022, Entered: None Case Management Statement
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Legal Document (Payment Possibly Required) 106 Filed: 7/26/2022, Entered: None Order Reassigning Case
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Legal Document (Payment Possibly Required) 105 Filed: 7/25/2022, Entered: None Order Relating Case
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Legal Document (Payment Possibly Required) 104 Filed: 7/1/2022, Entered: 7/1/2022 Initial Case Management Scheduling Order with ADR Deadlines
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/26/2022. Initial Case Management Conference set for 10/3/2022 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (jlg, COURT STAFF) (Filed on 7/1/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Legal Document (Payment Possibly Required) 103 Filed: 7/1/2022, Entered: 7/1/2022 case transferred in - district transfer
Case transferred in from District of Washington Western; Case Number 2:19-cv-00067. Original file certified copy of transfer order and docket sheet received.
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Legal Document (Payment Possibly Required) 102 Filed: 6/16/2022, Entered: 6/16/2022 Order on Motion to DismissCourt Filing
ORDER granting Defendant's [87] Motion to Dismiss and Transfer. The Court DISMISSES WITHOUT PREJUDICE the claims against Musk for lack of personal jurisdiction and TRANSFERS Balan's Application as to Tesla to the U.S. District Court for the Northern District of California pursuant to the first-to-file rule. The Court does not reach the merits of Balan's Application, which shall be considered, instead, by the Northern District of California. Signed by Judge Marsha J. Pechman. (SB)
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Legal Document (Payment Possibly Required) 101 Filed: 4/27/2022, Entered: 4/27/2022 OrderCourt Filing
ORDER re-noting Plaintiff's [83] MOTION to Vacate Arbitration Award. Plaintiff's motion to vacate is re-noted for consideration on 4/8/2022. Signed by Judge Marsha J. Pechman. (SB)
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Legal Document (Payment Possibly Required) 100 Filed: 4/8/2022, Entered: 4/8/2022 Reply to Opposition/Response
REPLY, filed by Defendant Tesla Motors Inc, TO RESPONSE to [87] MOTION to Dismiss Petitioners Motion to Vacate Arbitration Award or, Alternatively, Motion to Transfer (Mills, Jason)
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Legal Document (Payment Possibly Required) 99 Filed: 4/4/2022, Entered: 4/4/2022 Reply Memorandum
RESPONSE, by Plaintiff Cristina Balan, to [87] MOTION to Dismiss Petitioners Motion to Vacate Arbitration Award or, Alternatively, Motion to Transfer. Oral Argument Requested. (Balan, Cristina)
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Legal Document (Payment Possibly Required) 98 Filed: 4/4/2022, Entered: 4/4/2022 ECF Transfer In - converted docket entry
PRAECIPE to attach document (Declaration and Exhibits) because Plaintiff just realized today that she attached the main motion twice instead of the declaration and 3 exhibits file re [97] Reply to Response to Motion by Plaintiff Cristina Balan (Balan, Cristina)
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Legal Document (Payment Possibly Required) 97 Filed: 4/1/2022, Entered: 4/1/2022 Reply to Opposition/Response
REPLY, filed by Plaintiff Cristina Balan, TO RESPONSE to [83] MOTION to Vacate THE ARBITRATION AWARD (Attachments: # (1) Exhibit)(Balan, Cristina)
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Legal Document (Payment Possibly Required) 96 Filed: 3/18/2022, Entered: 3/18/2022 ECF Transfer In - converted docket entry
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Per D. Jansen for Defendant Tesla Motors Inc. (Jansen, Per)
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Legal Document (Payment Possibly Required) 95 Filed: 3/17/2022, Entered: 3/17/2022 OrderCourt Filing
ORDER granting Plaintiff's [92] Motion for Extension of Time. Plaintiff's motion to vacate the arbitration award, (Dkt. No. [83]), is re-noted to 4/1/2022, and her reply is due on that date. Defendant's motion to dismiss or transfer, (Dkt. No. [87]), is re-noted to 4/8/2022. Plaintiff's response to that motion is due April 4. Plaintiff's motion for extension of time filed under Docket Number [89] shall be marked as withdrawn, as it is clear she intended the instant motion to replace it. Signed by Judge Marsha J. Pechman. (SB)
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Legal Document (Payment Possibly Required) 94 Filed: 3/17/2022, Entered: 3/17/2022 ECF Transfer In - converted docket entry
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney John S Devlin, III for Defendant Tesla Motors Inc. (Devlin, John)
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Legal Document (Payment Possibly Required) 93 Filed: 3/16/2022, Entered: 3/16/2022 Notice of Appearance
NOTICE of Appearance by attorney John S Devlin, III on behalf of Defendant Tesla Motors Inc. (Devlin, John)
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Legal Document (Payment Possibly Required) 92 Filed: 3/15/2022, Entered: 3/15/2022, Terminated: 3/17/2022 Motion for Miscellaneous Relief
MOTION for Extension of Time CORRECTED, for answering the defendants' motion to dismiss and their opposition to Balan motion to vacate due to medical emergency, filed by Plaintiff Cristina Balan. Noting Date 3/25/2022, (Balan, Cristina)
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Legal Document (Payment Possibly Required) 91 Filed: 3/14/2022, Entered: 3/14/2022 Affidavit in Support of Motion
DECLARATION of Michael D. Weil filed by Defendant Tesla Motors Inc re [83] MOTION to Vacate THE ARBITRATION AWARD (Mills, Jason)
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Legal Document (Payment Possibly Required) 90 Filed: 3/14/2022, Entered: 3/14/2022 Reply Memorandum
RESPONSE, by Defendant Tesla Motors Inc, to [83] MOTION to Vacate THE ARBITRATION AWARD. (Mills, Jason)
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Legal Document (Payment Possibly Required) 89 Filed: 3/14/2022, Entered: 3/14/2022, Terminated: 3/17/2022 Motion for Miscellaneous Relief
WITHDRAWN per the filing of Plaintiff's [92] Corrected Motion Proposed MOTION for Extension of Time re [87] MOTION to Dismiss Petitioners Motion to Vacate Arbitration Award or, Alternatively, Motion to Transfer to file the reply due to medical reasons, filed by Plaintiff Cristina Balan. Noting Date 3/14/2022, (Balan, Cristina) Modified on 3/17/2022 (SB).
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Legal Document (Payment Possibly Required) 88 Filed: 3/10/2022, Entered: 3/10/2022 Affidavit in Support of Motion
DECLARATION of Michael Weil ISO Defendants' MTD Petitioner's Mot. to Vacate Arbitration Award or, Alternatively, Motion to Dismiss filed by Defendant Tesla Motors Inc re [87] MOTION to Dismiss Petitioners Motion to Vacate Arbitration Award or, Alternatively, Motion to Transfer (Attachments: # (1) Exhibit Exhibits A-G, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit)(Mills, Jason)
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Legal Document (Payment Possibly Required) 87 Filed: 3/10/2022, Entered: 3/10/2022, Terminated: 6/16/2022 Motion to Dismiss
MOTION to Dismiss Petitioners Motion to Vacate Arbitration Award or, Alternatively, Motion to Transfer, filed by Defendant Tesla Motors Inc. (Attachments: # (1) Proposed Order) Noting Date 4/1/2022, 4/8/2022 (Mills, Jason) Modified on 3/17/2022 (SB).
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Legal Document (Payment Possibly Required) 86 Filed: 3/4/2022, Entered: 3/4/2022 ECF Transfer In - converted docket entry
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Marina Cristine Gruber for Defendant Tesla Motors Inc. (Gruber, Marina)
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Legal Document (Payment Possibly Required) 85 Filed: 3/4/2022, Entered: 3/4/2022 Notice of Appearance
NOTICE of Appearance by attorney Jason S. Mills on behalf of Defendant Tesla Motors Inc. (Mills, Jason)
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Legal Document (Payment Possibly Required) 84 Filed: 2/23/2022, Entered: 2/23/2022 ECF Transfer In - converted docket entry
PRAECIPE to attach document EXHIBITS - PLAINTIFF COULDN'T ATTACH IT WITH THE MOTION BECAUSE OF AN ERROR IN THE PDF - re [83] MOTION to Vacate THE ARBITRATION AWARD by Plaintiff Cristina Balan (Balan, Cristina)
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Legal Document (Payment Possibly Required) 83 Filed: 2/22/2022, Entered: 2/22/2022, Terminated: 6/21/2022 Motion to Vacate
MOTION to Vacate THE ARBITRATION AWARD, filed by Plaintiff Cristina Balan. Oral Argument Requested. Noting Date 3/18/2022, 4/1/2022 (Balan, Cristina) Modified on 3/17/2022 (SB).
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Legal Document (Payment Possibly Required) 82 Filed: 1/24/2022, Entered: 1/24/2022 Status report
STATUS REPORT and Response to Plaintiff's Ex Parte Application for Administrative Relief and Approval to Re-Open Case and to File Noticed Motion to Vacate Arbitration Award by Defendant Tesla Motors Inc (Gruber, Marina)
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Legal Document (Payment Possibly Required) 81 Filed: 1/21/2022, Entered: 1/21/2022 Order on Motion to withdraw as attorneyCourt Filing
ORDER re Defendant's [80] Motion for Withdrawal and Substitution of Counsel. Babak Yousefzadeh and Gal Gressel hereby move to withdraw as counsel of record for defendant Tesla Motors. Marina C. Gruber of Morgan, Lewis & Bockius LP will substitute as counsel of record for defendant Tesla Motors. Defendant Tesla Motors hereby designates Michael D. Weil of Morgan Lewis & Bockius as additional counsel of record. Signed by Judge James L. Robart. (SB)
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Legal Document (Payment Possibly Required) 80 Filed: 1/19/2022, Entered: 1/19/2022, Terminated: 1/21/2022 Motion to withdraw as attorney
MOTION to Withdraw as Attorney MOTION AND [PROPOSED] ORDER FOR WITHDRAWAL AND SUBSTITUTION OF COUNSEL FOR DEFENDANT, filed by Defendant Tesla Motors Inc. Noting Date 1/19/2022, (Gressel, Gal)
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Legal Document (Payment Possibly Required) 79 Filed: 1/19/2022, Entered: 1/19/2022 order on motion to reopen caseCourt Filing
ORDER granting in part and denying in part Plaintiff's [78] Motion to Reopen Case. The Court GRANTS the motion in part simply to clarify that Plaintiff is free to file any motion or application in accordance with the Federal Rules of Civil Procedure and the Local Civil Rules. The Court DENIES the application to reopen the case. Plaintiff's claim is subject to arbitration. (Dkt. Nos. [70], [75].) At this time, the case remains closed. Signed by Judge James L. Robart.(SB)
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Legal Document (Payment Possibly Required) 78 Filed: 1/13/2022, Entered: 1/13/2022, Terminated: 1/19/2022 Motion to Reopen Case
Proposed MOTION to Reopen Case AND TO FILE NOTICED MOTION TO VACATE THE ARBITRATION AWARD, filed by Plaintiff Cristina Balan. Noting Date 1/13/2022, (Balan, Cristina)
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Legal Document (Payment Possibly Required) 77 Filed: 4/26/2021, Entered: 4/26/2021 Order on Motion for reconsiderationCourt Filing
ORDER denying Plaintiff's [76] Motion for Reconsideration. Signed by Judge Marsha J. Pechman. (SR)
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Legal Document (Payment Possibly Required) 76 Filed: 4/26/2021, Entered: 4/26/2021, Terminated: 4/26/2021 Motion for Reconsideration
MOTION for Reconsideration re [75] Order on Motion to Vacate,, Terminated Case, ON ORDER CLOSING CASE, filed by Plaintiff Cristina Balan. Noting Date 4/26/2021, (Balan, Cristina)
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Legal Document (Payment Possibly Required) 75 Filed: 4/22/2021, Entered: 4/22/2021 Order on Motion to VacateCourt Filing
ORDER CLOSING CASE re [72] Mandate of USCA. In light of the Ninth Circuit's decision, the entirety of Ms. Balan's defamation claim is subject to the Agreement. The Court therefore ORDERS this matter closed; all pending motions shall be terminated. Signed by Judge Marsha J. Pechman.(PM)
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Legal Document (Payment Possibly Required) 74 Filed: 4/13/2021, Entered: 4/13/2021 Affidavit in Support of Motion
DECLARATION of CRISTINA BALAN, including All EXHIBITS 1-25 filed by Plaintiff Cristina Balan re [73] MOTION to Vacate [40] Order on Motion to Compel,, Case Stayed, and Lift Stay (Balan, Cristina)
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Legal Document (Payment Possibly Required) 73 Filed: 4/13/2021, Entered: 4/13/2021, Terminated: 4/22/2021 Motion to Vacate
MOTION to Vacate [40] Order on Motion to Compel,, Case Stayed, and Lift Stay, filed by Plaintiff Cristina Balan. Noting Date 4/30/2021, (Balan, Cristina)
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Legal Document (Payment Possibly Required) 72 Filed: 4/13/2021, Entered: 4/13/2021 USCA Mandate
MANDATE OF USCA (19-35637) as to [42] Notice of Appeal filed by Tesla Motors Inc, [70] Memorandum/Opinion from USCA,. The judgment of this Court, entered March 22, 2021, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. The parties shall bear their own costs on appeal. REVERSED AND REMANDED (RE)
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Legal Document (Payment Possibly Required) 71 Filed: 4/13/2021, Entered: 4/13/2021, Terminated: 4/13/2021 Motion to Stay PSP
FILED IN ERROR, PLEASE DISREGARD MOTION to Lift Stay AND VACATE ORDER COMPELLING ARBITRATION (ECF#40), filed by Plaintiff Cristina Balan. Noting Date 4/30/2021, (Balan, Cristina) Modified on 4/13/2021 to strike docket entry at request of filer (KB).
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Blank  Filed: None, Entered: None ECF Transfer In - converted docket entry
NOTICE of Docket Text Modification re [71] MOTION to Lift Stay AND VACATE ORDER COMPELLING ARBITRATION (ECF#40) : Modified on 4/13/2021 to strike docket entry and terminate motion at request of filer. (KB)
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Blank  Filed: None, Entered: None ECF Transfer In - converted docket entry
NOTICE of Docket Text Modification re [71] MOTION to Lift Stay AND VACATE ORDER COMPELLING ARBITRATION (ECF#40) : Modified on 4/13/2021 to strike docket entry and terminate motion at request of filer. (KB)
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Legal Document (Payment Possibly Required) 70 Filed: 3/22/2021, Entered: 3/22/2021, Terminated: 4/13/2021 USCA Judgment
MEMORANDUM FROM USCA (19-35637) (NOT THE MANDATE) as to [42] Notice of Appeal filed by Tesla Motors Inc. The district courts partial denial of Teslas motion to compel arbitration is REVERSED and the case is REMANDED. The parties shall bear their own costs on appeal. (CDA)
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Legal Document (Payment Possibly Required) 69 Filed: 2/11/2021, Entered: 2/11/2021 USCA order
ORDER OF USCA (19-35637) as to [42] Notice of Appeal filed by Tesla Motors Inc. (SG)
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Legal Document (Payment Possibly Required) 68 Filed: 10/13/2020, Entered: 10/13/2020 ECF Transfer In - converted docket entry
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney William Elliot Weiner for Defendant Tesla Motors Inc. (Weiner, William)
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Legal Document (Payment Possibly Required) 67 Filed: 10/5/2020, Entered: 10/7/2020 USCA order
ORDER OF USCA (19-35637) as to [42] Notice of Appeal filed by Tesla Motors Inc. (RE)
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Legal Document (Payment Possibly Required) 66 Filed: 8/19/2020, Entered: 8/19/2020 Notice of Appearance
NOTICE of Appearance by attorney Per D Jansen on behalf of Defendant Tesla Motors Inc. (Jansen, Per)
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Legal Document (Payment Possibly Required) 65 Filed: 8/19/2020, Entered: 8/19/2020 ECF Transfer In - converted docket entry
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Darin M Sands for Defendant Tesla Motors Inc. (Weiner, William)
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Legal Document (Payment Possibly Required) 64 Filed: 8/19/2020, Entered: 8/19/2020 Notice of Appearance
NOTICE of Appearance by attorney William Elliot Weiner on behalf of Defendant Tesla Motors Inc. (Weiner, William)
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Legal Document (Payment Possibly Required) 63 Filed: 4/17/2020, Entered: 4/20/2020 USCA order
ORDER OF USCA (19-35637) as to [42] Notice of Appeal filed by Tesla Motors Inc. (CDA)
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Legal Document (Payment Possibly Required) 62 Filed: 3/16/2020, Entered: 3/16/2020 ECF Transfer In - converted docket entryCourt Filing
ORDER denying Plaintiff's [47] Motion for Relief from the Court's Order Granting Partial Arbitration. Signed by Judge Marsha J. Pechman. (TH)
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Legal Document (Payment Possibly Required) 61 Filed: 3/4/2020, Entered: 3/4/2020 statement
DECLARATION of Gal Gressel re [60] Response (non motion), by Defendant Tesla Motors Inc (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Sands, Darin)
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Legal Document (Payment Possibly Required) 60 Filed: 3/4/2020, Entered: 3/4/2020 ECF Transfer In - converted docket entry
RESPONSE by Defendant Tesla Motors Inc re [59] Supplement, [47] MOTION for Relief RULE 60(B)(2)(3)(6)from the Order ECF [40], granting partial arbitration & request for indicative ruling under 62.1, based on Plaintiff's first 180 days case status update of arbitration per the Court's request (Sands, Darin)
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Legal Document (Payment Possibly Required) 59 Filed: 2/20/2020, Entered: 2/20/2020 statement
SUPPLEMENT re [47] MOTION for Relief RULE 60(B)(2)(3)(6)from the Order ECF [40], granting partial arbitration & request for indicative ruling under 62.1, based on Plaintiff's first 180 days case status update of arbitration per the Court's request Due to New Critical Developments that may affect the motion for indicative ruling and sanctions requested by Plaintiff Cristina Balan (Attachments: # (1) Exhibit Exhibits 1 to 4)(Balan, Cristina)
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Blank 58 Filed: 2/11/2020, Entered: 2/11/2020 Order on Motion for Pro Hac Vice
ORDER re [56] Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Gal Gressel for Tesla Motors Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). Local counsel maintains an office in the WDWA**(DS)
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Blank 57 Filed: 2/6/2020, Entered: 2/6/2020 Order on Motion for Pro Hac Vice
ORDER re [55] Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Babak G. Yousefzadeh for Tesla Motors Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).**Local counsel maintains an office in the WDWA**(CDA)
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Legal Document (Payment Possibly Required) 56 Filed: 2/6/2020, Entered: 2/6/2020, Terminated: 2/11/2020 ECF Transfer In - converted docket entry
APPLICATION OF ATTORNEY Gal Gressel FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Tesla Motors Inc (Fee Paid) Receipt No. AWAWDC-6128913 (Sands, Darin)
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Legal Document (Payment Possibly Required) 55 Filed: 2/6/2020, Entered: 2/6/2020, Terminated: 2/6/2020 ECF Transfer In - converted docket entry
APPLICATION OF ATTORNEY Babak Yousefzadeh FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Tesla Motors Inc (Fee Paid) Receipt No. AWAWDC-6128689 (Sands, Darin)
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Legal Document (Payment Possibly Required) 54 Filed: 2/6/2020, Entered: 2/6/2020 ECF Transfer In - converted docket entry
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Matthew C Lewis and Leila S Narvid for Defendant Tesla Motors Inc. (Sands, Darin)
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Legal Document (Payment Possibly Required) 53 Filed: 1/23/2020, Entered: 1/23/2020 Reply to Opposition/Response
REPLY, filed by Plaintiff Cristina Balan, TO RESPONSE to [47] MOTION for Relief RULE 60(B)(2)(3)(6)from the Order ECF [40], granting partial arbitration & request for indicative ruling under 62.1, based on Plaintiff's first 180 days case status update of arbitration per the Court's request (Attachments: # (1) Exhibit Exhibits 1 to 17)(Balan, Cristina)
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Legal Document (Payment Possibly Required) 52 Filed: 1/17/2020, Entered: 1/17/2020 Affidavit in Support of Motion
DECLARATION of Matthew C. Balan filed by Defendant Tesla Motors Inc re [47] MOTION for Relief RULE 60(B)(2)(3)(6)from the Order ECF [40], granting partial arbitration & request for indicative ruling under 62.1, based on Plaintiff's first 180 days case status update of arbitration per the Court's request (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, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17)(Sands, Darin)
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Legal Document (Payment Possibly Required) 51 Filed: 1/17/2020, Entered: 1/17/2020 Reply Memorandum
RESPONSE, by Defendant Tesla Motors Inc, to [47] MOTION for Relief RULE 60(B)(2)(3)(6)from the Order ECF [40], granting partial arbitration & request for indicative ruling under 62.1, based on Plaintiff's first 180 days case status update of arbitration per the Court's request. (Sands, Darin)
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Blank 50 Filed: 1/8/2020, Entered: 1/8/2020 Order on Motion for Pro Hac Vice
ORDER re [48] Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Leila S Narvid for defendant Tesla Motors Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Blank  Filed: None, Entered: None set/reset hearings
Noting Date Reset re LCR 7(d)(3) and per direction of chambers: Plaintiff's [47] MOTION for Relief RULE 60(B)(2)(3)(6)from the Order ECF [40], granting partial arbitration & request for indicative ruling under 62.1, based on Plaintiff's first 180 days case status update of arbitration per the Court's request: Noting Date 1/24/2020. (PM)
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Legal Document (Payment Possibly Required) 49 Filed: 1/7/2020, Entered: 1/7/2020 ECF Transfer In - converted docket entry
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Rodney B Sorensen for Defendant Tesla Motors Inc. (Sands, Darin)
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Legal Document (Payment Possibly Required) 48 Filed: 1/7/2020, Entered: 1/7/2020, Terminated: 1/8/2020 ECF Transfer In - converted docket entry
APPLICATION OF ATTORNEY Leila S. Narvid FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Tesla Motors Inc (Fee Paid) Receipt No. 0981-6076428 (Sands, Darin) Local counsel maintains an office in both Seattle, WA and Portland, OR on 1/8/2020 (DS).
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Legal Document (Payment Possibly Required) 47 Filed: 1/7/2020, Entered: 1/7/2020, Terminated: 3/16/2020 Motion for Miscellaneous Relief PSP
MOTION for Relief RULE 60(B)(2)(3)(6) from the Order ECF [40], granting partial arbitration & request for indicative ruling under 62.1, based on Plaintiff's first 180 days case status update of arbitration per the Court's request, filed by Plaintiff Cristina Balan. (Attachments: # (1) Exhibit) Noting Date 1/7/2020 1/24/2020 , (Balan, Cristina) Modified on 1/8/2020 to remove excessive capitalization and renote. (PM).
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Blank  Filed: None, Entered: None ECF Transfer In - converted docket entry
***Motion terminated: [46] MOTION for Relief RULE 60(B)(2)(3) and (6), FROM THE ORDER GRANTING IN PART ARBITRATION & REQUEST FOR INDICATIVE RULING UNDER RULE 62.1 AND FRAP 12.1, BASED ON PLAINTIFFS FIRST 180 DAYS CASE STATUS UPDATE OF ARBITRATION PER THE COURTS ORDER FROM J filed by Cristina Balan. Per filer, filed incorrectly. Re-filed as document [47]. (STP)
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Legal Document (Payment Possibly Required) 46 Filed: 1/6/2020, Entered: 1/6/2020, Terminated: 1/7/2020 Motion for Miscellaneous Relief PSP
DISREGARD ENTRY filer re-filed corrected motion [47] MOTION for Relief RULE 60(B)(2)(3) and (6), FROM THE ORDER GRANTING IN PART ARBITRATION & REQUEST FOR INDICATIVE RULING UNDER RULE 62.1 AND FRAP 12.1, BASED ON PLAINTIFFS FIRST 180 DAYS CASE STATUS UPDATE OF ARBITRATION PER THE COURTS ORDER FROM JUNE 27, 2019, filed by Plaintiff Cristina Balan. (Attachments: # (1) Exhibit) Noting Date 1/6/2020, (Balan, Cristina) Modified on 1/7/2020 (STP).
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Legal Document (Payment Possibly Required) 45 Filed: 8/27/2019, Entered: 8/27/2019 Transcript Designation Form
TRANSCRIPT REQUEST (19-35637) by Defendant Tesla Motors Inc for proceedings held on 06/19/2019, re [41] Notice of Filing of Official Transcript,,,. Requesting Attorney: Darin M Sands. (Sands, Darin)
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Legal Document (Payment Possibly Required) 44 Filed: 7/30/2019, Entered: 7/30/2019, Terminated: 4/13/2021 USCA Scheduling Order
TIME SCHEDULE ORDER ( #19-35637) as to [42] Notice of Appeal filed by Tesla Motors Inc (CDA)
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Legal Document (Payment Possibly Required) 43 Filed: 7/29/2019, Entered: 7/29/2019 Appeal Remark
REPRESENTATION STATEMENT, by Defendant Tesla Motors Inc, (re: [42] Notice of Appeal.) (Sands, Darin)
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Legal Document (Payment Possibly Required) 42 Filed: 7/29/2019, Entered: 7/29/2019, Terminated: 4/13/2021 Notice of Appeal to the Ninth Circuit
NOTICE OF APPEAL to Ninth Circuit (19-35637) re [40] Order on Motion to Compel,, Case Stayed, by Defendant Tesla Motors Inc. $505, receipt number 0981-5864259. (cc: USCA) (Sands, Darin) Modified on 7/30/2019 add CCA # (CDA).
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Legal Document (Payment Possibly Required) 41 Filed: 6/28/2019, Entered: 6/28/2019 transcriptCourt Filing
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion to Compel Arbitration held on 6/19/2019 before Judge Marsha J. Pechman.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.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. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 9/26/2019, (DZ)
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Legal Document (Payment Possibly Required) 40 Filed: 6/27/2019, Entered: 6/27/2019 Order on motion to compelCourt Filing
ORDER granting in part and denying in part Defendant's [17] Motion to Compel Arbitration. This matter is stayed until the conclusion of the arbitration by written decision of the arbitrator. The Parties are to notify the Court within 10 days of the decision. The Parties will also advise the Court every 180 days of the state of the arbitration. Signed by Judge Marsha J. Pechman. (PM)
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Blank 39 Filed: 6/19/2019, Entered: 6/20/2019 Motion HearingCourt Filing
MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Rhonda Miller; Pla Counsel: Pro Se; Def Counsel: Rodney Sorensen CR: Debbie Zurn; Motion Hearing held on 6/19/2019 [17] MOTION to Compel Arbitration filed by Tesla Motors Inc. Oral argument presented. Court will issue written opinion. (RM)
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Blank 38 Filed: 6/17/2019, Entered: 6/17/2019 Notice - OtherCourt Filing
NOTICE OF RESCHEDULED HEARING TIME - The hearing time has been changed: ORAL ARGUMENT/Motion Hearing set for 6/19/2019 at 2:45 PM in Courtroom 14206 before Judge Marsha J. Pechman. Each side is allowed 20 minutes for argument, including rebuttal. (RM)
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Blank 37 Filed: 5/29/2019, Entered: 5/29/2019 Notice of hearing on motionCourt Filing
NOTICE of Hearing [17] MOTION to Compel Arbitration : ORAL ARGUMENT/Motion Hearing set for 6/19/2019 at 10:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. Each side is allowed 20 minutes for argument, including rebuttal. (RM)
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Legal Document (Payment Possibly Required) 36 Filed: 5/23/2019, Entered: 5/23/2019 Order on Motion for sanctionsCourt Filing
MINUTE ORDER striking as moot Plaintiff's [12][14] Motions for Sanctions. Authorized by Judge Marsha J. Pechman. (PM)
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Legal Document (Payment Possibly Required) 35 Filed: 5/16/2019, Entered: 5/16/2019 transcriptCourt Filing
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of status conference held on 5/1/2019 before Judge Marsha J. Pechman.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.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. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nancy Bauer, nancy_bauer@wawd.uscourts.gov, 206-370-8506. Release of Transcript Restriction set for 8/14/2019, (NB)
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Legal Document (Payment Possibly Required) 34 Filed: 5/14/2019, Entered: 5/14/2019 ECF Transfer In - converted docket entryCourt Filing
MINUTE ORDER re: Plaintiff's [12] [14] Motions for Sanctions. Having received the Defendant's Initial Disclosures and the Parties' updated Joint Status Report, unless the Court hears from Plaintiff within eight (8) days of this Order, Plaintiff's Motions for Sanctions (Dkt. Nos. [12], [14]) will be stricken as moot. Authorized by Judge Marsha J. Pechman. (PM)
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Legal Document (Payment Possibly Required) 33 Filed: 5/14/2019, Entered: 5/14/2019 Trial Management OrderCourt Filing
ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *2-4 DAY* - Jury Trial is set for 4/27/2020 at 09:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. Joinder of Parties due by 6/11/2019, Amended Pleadings due by 6/21/2019, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 9/30/2019, Motions due by 10/30/2019, Discovery completed by 11/29/2019, Dispositive motions due by 12/30/2019, Motions in Limine due by 3/23/2020, Pretrial Order due by 4/15/2020, Trial briefs to be submitted by 4/15/2020, Proposed voir dire/jury instructions due by 4/15/2020, Pretrial Conference set for 4/17/2020 at 01:30 PM in Courtroom 14206 before Judge Marsha J. Pechman. (RM)
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Blank 32 Filed: 5/13/2019, Entered: 5/13/2019 Notice - Other
NOTICE striking telephone conference set for 5/14/2019. (RM)
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Legal Document (Payment Possibly Required) 31 Filed: 5/10/2019, Entered: 5/10/2019 Reply to Opposition/Response
REPLY, filed by Defendant Tesla Motors Inc, TO RESPONSE to [17] MOTION to Compel Arbitration (Sands, Darin)
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Blank 30 Filed: 5/10/2019, Entered: 5/10/2019 Notice of hearingCourt Filing
NOTICE of Hearing: Telephone Conference set for 5/14/2019 at 10:00 AM before Judge Marsha J. Pechman.(RM)
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Legal Document (Payment Possibly Required) 29 Filed: 5/6/2019, Entered: 5/6/2019 Affidavit in Support of Motion
DECLARATION of Cristina Balan filed by Plaintiff Cristina Balan re [17] MOTION to Compel Arbitration (Balan, Cristina)
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Legal Document (Payment Possibly Required) 28 Filed: 5/6/2019, Entered: 5/6/2019 Reply Memorandum
RESPONSE, by Plaintiff Cristina Balan, to [17] MOTION to Compel Arbitration. Oral Argument Requested. (Attachments: # (1) Exhibit)(Balan, Cristina)
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Legal Document (Payment Possibly Required) 27 Filed: 5/3/2019, Entered: 5/3/2019 ECF Transfer In - converted docket entry
JOINT STATUS REPORT signed by all parties estimated Trial Days: 2 - 4 days. (Sands, Darin)
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Legal Document (Payment Possibly Required) 26 Filed: 5/1/2019, Entered: 5/1/2019 ECF Transfer In - converted docket entryCourt Filing
MINUTE ORDER: An updated Joint Status Report is due no later than 5/3/2019. Defendant will provide the Court with an amended initial disclosure report no later than 5/8/2019. The Court will not rule on any motions until it reviews the outcome of the Joint Status Report and Defendant's initial disclosures. Authorized by Judge Marsha J. Pechman. (RM)
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Blank 25 Filed: 5/1/2019, Entered: 5/1/2019 Status ConferenceCourt Filing
MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Rhonda Miller; Pla Counsel: Pro Se; Def Counsel: Darin Sands; CR: Nancy Bauer; Status Conference held on 5/1/2019. An updated Joint Status Report is due no later than 5/3/2019. Defendant will provide the Court with an amended initial disclosure report no later than 5/8/2019. (RM)
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Blank  Filed: None, Entered: None set/reset hearings
Noting Date Reset re Plaintiff's [14] Second MOTION for Sanctions: Noting Date 5/3/2019, per LCR 7(d)(3). (PM)
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Legal Document (Payment Possibly Required) 24 Filed: 4/24/2019, Entered: 4/24/2019 Affidavit in Support of Motion
DECLARATION of Darin M. Sands filed by Defendant Tesla Motors Inc re [14] Second MOTION for Sanctions for Forging Plaintiff Sgnature on the Joint Status Report, missing the second deadline, misleading the court and lack of good faith and cooperation (Sands, Darin)
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Legal Document (Payment Possibly Required) 23 Filed: 4/24/2019, Entered: 4/24/2019 Affidavit in Support of Motion
DECLARATION of Matthew C. Lewis filed by Defendant Tesla Motors Inc re [14] Second MOTION for Sanctions for Forging Plaintiff Sgnature on the Joint Status Report, missing the second deadline, misleading the court and lack of good faith and cooperation (Attachments: # (1) Exhibit A)(Sands, Darin)
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Legal Document (Payment Possibly Required) 22 Filed: 4/24/2019, Entered: 4/24/2019 Reply Memorandum
RESPONSE, by Defendant Tesla Motors Inc, to [14] Second MOTION for Sanctions for Forging Plaintiff Sgnature on the Joint Status Report, missing the second deadline, misleading the court and lack of good faith and cooperation. (Sands, Darin)
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Blank  Filed: None, Entered: None set/reset hearings
Set Hearings: Status Conference set for 5/1/2019 at 11:00 AM before Judge Marsha J. Pechman. (LW)
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Legal Document (Payment Possibly Required) 21 Filed: 4/18/2019, Entered: 4/18/2019 Reply to Opposition/Response
REPLY, filed by Plaintiff Cristina Balan, TO RESPONSE to [12] Proposed MOTION for Sanctions for Failure to Make Disclosures and Cooperate in Good Faith in Discovery (Balan, Cristina)
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Legal Document (Payment Possibly Required) 20 Filed: 4/18/2019, Entered: 4/18/2019 Request
REQUEST for Judicial Notice by Defendant Tesla Motors Inc for Judicial Notice re [17] MOTION to Compel Arbitration (Attachments: # (1) Exhibit A-C)(Sands, Darin)
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Legal Document (Payment Possibly Required) 19 Filed: 4/18/2019, Entered: 4/18/2019 Affidavit in Support of Motion
DECLARATION of Matthew C. Lewis filed by Defendant Tesla Motors Inc re [17] MOTION to Compel Arbitration (Sands, Darin)
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Legal Document (Payment Possibly Required) 18 Filed: 4/18/2019, Entered: 4/18/2019 Affidavit in Support of Motion
DECLARATION of Nicole White filed by Defendant Tesla Motors Inc re [17] MOTION to Compel Arbitration (Sands, Darin)
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Legal Document (Payment Possibly Required) 17 Filed: 4/18/2019, Entered: 4/18/2019, Terminated: 6/27/2019 Motion to Compel
MOTION to Compel Arbitration, filed by Defendant Tesla Motors Inc. Oral Argument Requested. Noting Date 5/10/2019, (Sands, Darin)
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Legal Document (Payment Possibly Required) 16 Filed: 4/15/2019, Entered: 4/15/2019 Affidavit in Support of Motion
DECLARATION of Matthew C. Lewis filed by Defendant Tesla Motors Inc re [12] Proposed MOTION for Sanctions for Failure to Make Disclosures and Cooperate in Good Faith in Discovery (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Sands, Darin)
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Legal Document (Payment Possibly Required) 15 Filed: 4/15/2019, Entered: 4/15/2019 Reply Memorandum
RESPONSE, by Defendant Tesla Motors Inc, to [12] Proposed MOTION for Sanctions for Failure to Make Disclosures and Cooperate in Good Faith in Discovery. (Sands, Darin)
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Legal Document (Payment Possibly Required) 14 Filed: 4/12/2019, Entered: 4/12/2019, Terminated: 5/23/2019 Motion for sanctions
Second MOTION for Sanctions for Forging Plaintiff Sgnature on the Joint Status Report, missing the second deadline, misleading the court and lack of good faith and cooperation, filed by Plaintiff Cristina Balan. Noting Date 4/26/2019, (Balan, Cristina)
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Legal Document (Payment Possibly Required) 13 Filed: 4/11/2019, Entered: 4/11/2019 ECF Transfer In - converted docket entry
JOINT STATUS REPORT signed by all parties (Sands, Darin)
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Legal Document (Payment Possibly Required) 12 Filed: 4/1/2019, Entered: 4/1/2019, Terminated: 5/23/2019 Motion for sanctions
Proposed MOTION for Sanctions for Failure to Make Disclosures and Cooperate in Good Faith in Discovery, filed by Plaintiff Cristina Balan. Oral Argument Requested. Noting Date 4/1/2019 4/19/2019, (Balan, Cristina) Modified on 4/1/2019 to strike through the word "Proposed" and noting date of 4/1/2019(PM).
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Blank 11 Filed: 4/1/2019, Entered: 4/1/2019 ECF Transfer In - converted docket entryCourt Filing
MINUTE ORDER: The parties have not complied with the order directing that a joint status report be filed by 3/27/2019. The time for filing the report is hereby extended to 4/11/2019. If the report is not filed by that time, sanctions may be ordered. Sanctions may include dismissal of the action without prejudice. Authorized by Judge Marsha J. Pechman. (RM)
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Blank 10 Filed: 2/15/2019, Entered: 2/15/2019 Order on Motion for Pro Hac Vice
ORDER re [8] Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Rodney B Sorensen for defendant Tesla Motors Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Blank 9 Filed: 2/15/2019, Entered: 2/15/2019 Order on Motion for Pro Hac Vice
ORDER re [7] Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Matthew C Lewis for Defendant Tesla Motors Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Legal Document (Payment Possibly Required) 8 Filed: 2/14/2019, Entered: 2/14/2019, Terminated: 2/15/2019 ECF Transfer In - converted docket entry
APPLICATION OF ATTORNEY Rodney B. Sorensen FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Tesla Motors Inc (Fee Paid) Receipt No. 0981-5651812 (Sands, Darin)
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Legal Document (Payment Possibly Required) 7 Filed: 2/14/2019, Entered: 2/14/2019, Terminated: 2/15/2019 ECF Transfer In - converted docket entry
APPLICATION OF ATTORNEY Matthew C. Lewis FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Tesla Motors Inc (Fee Paid) Receipt No. 0981-5651808 (Sands, Darin)
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Legal Document (Payment Possibly Required) 6 Filed: 2/14/2019, Entered: 2/14/2019 ECF Transfer In - converted docket entry
CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Tesla Motors Inc (Sands, Darin)
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Legal Document (Payment Possibly Required) 5 Filed: 2/14/2019, Entered: 2/14/2019 Answer to Complaint
ANSWER to [1] Complaint with JURY DEMAND Attorney Darin M Sands added to party Tesla Motors Inc(pty:dft) by Tesla Motors Inc.(Sands, Darin)
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Legal Document (Payment Possibly Required) 4 Filed: 2/13/2019, Entered: 2/13/2019 ECF Transfer In - converted docket entryCourt Filing
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 3/27/2019, FRCP 26f Conference Deadline is 3/13/2019, Initial Disclosure Deadline is 3/20/2019, by Judge Marsha J. Pechman. (RM)
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Legal Document (Payment Possibly Required) 3 Filed: 2/1/2019, Entered: 2/1/2019 ECF Transfer In - converted docket entry
AFFIDAVIT of Service of Summons and Complaint on TESLA MOTORS INC on 1/24/2019, filed by Plaintiff Cristina Balan. (Balan, Cristina)
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Legal Document (Payment Possibly Required) 2 Filed: 1/16/2019, Entered: 1/16/2019 Notice - Other
NOTICE: Plaintiff Cristina Balan has registered to electronically file and receive electronic service in this case. (PS)
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Legal Document (Payment Possibly Required) 1 Filed: 1/15/2019, Entered: 1/16/2019 Complaint
COMPLAINT, filed by Cristina Balan against defendant(s) Tesla Motors Inc with JURY DEMAND (Summons(es) issued) (Receipt # SEA094286) (Attachments: # (1) Exhibit, # (2) Civil Cover Sheet)(ST)
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