Nachman v. Tesla, Inc. et al

Federal Civil Lawsuit New York Eastern District Court, Case No. 2:22-cv-05976-RPK-ST
District Judge Rachel P. Kovner, presiding
Tags
District Judge Rachel P. Kovner
Last Updated September 3, 2024 at 2:30 AM EDT (4.7 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Michael Nachman, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Charles D. Moore +1 212 643 0500 +1 212 253 4272 cmoore@reesellp.com

Represented by REESE LLP

Name Phone Fax E-Mail
Space Michael Robert Reese +1 212 643 0500 +1 212 253 4272 mreese@reesellp.com
v.
Tesla Finance LLC Tesla Finance LLC, Defendant

Represented by Wilmer Hale, LLP

Name Phone Fax E-Mail
Space Alan Evan Schoenfeld +1 212 230 8800 +1 212 230 8888 alan.schoenfeld@wilmerhale.com
Tesla Lease Trust Tesla Lease Trust, Defendant

Represented by Wilmer Hale, LLP

Name Phone Fax E-Mail
Space Alan Evan Schoenfeld +1 212 230 8800 +1 212 230 8888 alan.schoenfeld@wilmerhale.com
Tesla, Inc. Tesla, Inc., Defendant

Represented by Wilmer Hale, LLP

Name Phone Fax E-Mail
Space Alan Evan Schoenfeld +1 212 230 8800 +1 212 230 8888 alan.schoenfeld@wilmerhale.com
Attributes
Timeline
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Legal Document (Payment Possibly Required) 34 Filed: 8/7/2024, Entered: 8/7/2024 clerk's judgment
CLERK'S JUDGMENT: that plaintiff's complaint is dismissed; that plaintiff's motion for leave to amend is denied; and that this case is closed. Signed by Deputy Clerk, Jalitza Poveda, on behalf of Clerk of Court, Brenna B. Mahoney, on 8/7/2024. (JP)
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Legal Document 33 Filed: 8/6/2024, Entered: 8/6/2024 Order on Motion to Amend/Correct/SupplementCourt Filing
ORDER: For the reasons set forth in the attached memorandum and order, plaintiff's [26] motion for leave to amend is denied. Because I have already dismissed plaintiff's complaint, the Clerk of Court is respectfully directed to enter judgment and close the case. Ordered by Judge Rachel P. Kovner on 8/6/2024. (SP)
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Legal Document 32 Filed: 5/7/2024, Entered: 5/7/2024 Notice (other)
NOTICE by Tesla Finance LLC, Tesla Lease Trust, Tesla, Inc. re [31] Notice(Other) /RESPONSE TO PLAINTIFFS NOTICE OF SUPPLEMENTAL AUTHORITY (Schoenfeld, Alan)
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Legal Document 31 Filed: 4/29/2024, Entered: 4/29/2024 Notice (other)
NOTICE by Michael Nachman re [26] MOTION to Amend/Correct/Supplement Complaint Notice of Supplemental Authority (Attachments: # (1) Exhibit A) (Moore, Charles)
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Legal Document 30 Filed: 12/18/2023, Entered: 12/18/2023 Reply to Response to motion
REPLY to Response to Motion re [26] MOTION to Amend/Correct/Supplement Complaint filed by Michael Nachman. (Granade, George)
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Blank  Filed: None, Entered: None Order on Motion for Extension of Time to File Response / Reply
ORDER: The [29] motion for an extension of the deadline to file a reply in support of plaintiff's motion for leave to file an amended complaint is granted. Plaintiff shall file his reply by 12/18/2023. Ordered by Judge Rachel P. Kovner on 12/7/2023. (SP)
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Legal Document (Payment Possibly Required) 29 Filed: 12/6/2023, Entered: 12/6/2023, Terminated: 12/7/2023 Motion for Extension of Time to File Response/Reply
Letter MOTION for Extension of Time to File Response/Reply in Support of Motion for Leave to File Amended Class Action Complaint by Michael Nachman. (Granade, George)
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Legal Document (Payment Possibly Required) 28 Filed: 12/4/2023, Entered: 12/4/2023 Declaration
DECLARATION re [27] Response in Opposition to Motion in Support by Tesla Finance LLC, Tesla Lease Trust, Tesla, Inc. (Attachments: # (1) Exhibit A) (Schoenfeld, Alan)
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Legal Document (Payment Possibly Required) 27 Filed: 12/4/2023, Entered: 12/4/2023 response in opposition to motion
RESPONSE in Opposition re [26] MOTION to Amend/Correct/Supplement Complaint filed by Tesla Finance LLC, Tesla Lease Trust, Tesla, Inc.. (Schoenfeld, Alan)
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Legal Document (Payment Possibly Required) 26 Filed: 11/20/2023, Entered: 11/20/2023, Terminated: 8/6/2024 Motion to Amend/Correct/Supplement
MOTION to Amend/Correct/Supplement Complaint by Michael Nachman. (Attachments: # (1) Memorandum in Support, # (2) Declaration of Charles D. Moore) (Moore, Charles)
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Blank  Filed: None, Entered: None order on motion for extension of time to file
ORDER granting [25] Motion for Extension of Time to File. The time for Plaintiff to file an amended complaint is extended to November 20, 2023. So Ordered by Magistrate Judge Steven Tiscione on 10/17/2023. (LV)
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Legal Document (Payment Possibly Required) 25 Filed: 10/16/2023, Entered: 10/16/2023, Terminated: 10/17/2023 Motion for Extension of Time to File Document
Letter MOTION for Extension of Time to File Motion Seeking Leave to Amend Complaint by Michael Nachman. (Reese, Michael)
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Legal Document 24 Filed: 9/30/2023, Entered: 9/30/2023 Order on Motion to DismissCourt Filing
MEMORANDUM & ORDER: For the reasons set out in the attached memorandum, defendants' [19] motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) is granted. If plaintiff wishes to amend his pleadings, he shall file a motion within thirty days seeking leave to amend, with the proposed amended complaint attached as an exhibit. The motion should explain how the amended complaint addresses the pleading defects identified in this opinion. Otherwise, judgment shall be entered. Ordered by Judge Rachel P. Kovner on 9/30/2023. (SP)
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Blank  Filed: None, Entered: None Order on Motion For Leave to File.
Order: Defendants’ [18] motion for leave to file is granted. Defendants may file the video exhibits referenced in the [18] motion by mailing a USB flash drive containing the video files to the Court. Ordered by Judge Rachel P. Kovner on 2/13/23.(NCM)
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Legal Document (Payment Possibly Required) 23 Filed: 2/10/2023, Entered: 2/10/2023 Reply in Support
REPLY in Support re [19] MOTION to Dismiss filed by Tesla Finance LLC, Tesla Lease Trust, Tesla, Inc.. (Schoenfeld, Alan)
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Legal Document 22 Filed: 2/10/2023, Entered: 2/10/2023 Memorandum in opposition
MEMORANDUM in Opposition re [19] MOTION to Dismiss (by Michael Nachman) filed by Tesla Finance LLC, Tesla Lease Trust, Tesla, Inc.. (Schoenfeld, Alan)
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Legal Document (Payment Possibly Required) 21 Filed: 2/10/2023, Entered: 2/10/2023 Affidavit in Support of Motion
AFFIDAVIT/DECLARATION in Support re [19] MOTION to Dismiss filed by Tesla Finance LLC, Tesla Lease Trust, Tesla, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I) (Schoenfeld, Alan)
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Legal Document (Payment Possibly Required) 20 Filed: 2/10/2023, Entered: 2/10/2023 Memorandum In Support
MEMORANDUM in Support re [19] MOTION to Dismiss filed by Tesla Finance LLC, Tesla Lease Trust, Tesla, Inc.. (Schoenfeld, Alan)
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Legal Document (Payment Possibly Required) 19 Filed: 2/10/2023, Entered: 2/10/2023, Terminated: 9/30/2023 Motion to Dismiss
MOTION to Dismiss by Tesla Finance LLC, Tesla Lease Trust, Tesla, Inc.. (Schoenfeld, Alan)
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Legal Document (Payment Possibly Required) 18 Filed: 2/10/2023, Entered: 2/10/2023, Terminated: 2/13/2023 Motion for Leave to file document
Letter MOTION for Leave to File Document - Video Exhibits in an Alternative Form by Tesla Finance LLC, Tesla Lease Trust, Tesla, Inc.. (Schoenfeld, Alan)
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Legal Document (Payment Possibly Required) 17 Filed: 1/27/2023, Entered: 1/27/2023 Letter
Letter re: Service of Opposition to Motion to Dismiss by Michael Nachman (Moore, Charles)
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Legal Document (Payment Possibly Required) 16 Filed: 12/30/2022, Entered: 12/30/2022 Letter
Letter regarding Service of Defendants' Motion to Dismiss the Complaint by Tesla Finance LLC, Tesla Lease Trust, Tesla, Inc. (Schoenfeld, Alan)
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Legal Document (Payment Possibly Required) 15 Filed: 12/13/2022, Entered: 12/13/2022 Notice of Appearance
NOTICE of Appearance by George Volney Granade, II on behalf of Michael Nachman (aty to be noticed) (Granade, George)
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Blank  Filed: None, Entered: None Order on Motion for Pre Motion Conference
ORDER: Defendants' [13] motion for a pre-motion conference is denied because the Court has determined a conference is not necessary. Per the Court’s bundling rule, defendants may serve a motion to transfer, or motion to dismiss, on or before 12/30/22 (but the motion shall not be filed on the docket at that time). See Judge Kovner’s Individual Rules IV.B. Plaintiff shall serve a response on defendants by 1/27/23 (but the response shall not be filed on the docket at that time). Defendant may serve a reply, if any, on plaintiff by 2/10/22. The parties shall file the fully-briefed motion with the Court by 2/10/22. Ordered by Judge Rachel P. Kovner on 11/29/22. (NCM)
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Blank  Filed: None, Entered: None Order on Motion for Pre Motion Conference
ORDER: Defendants' [13] motion for a pre-motion conference is denied because the Court has determined a conference is not necessary. Per the Court’s bundling rule, defendants may serve a motion to transfer, or motion to dismiss, on or before 12/30/22 (but the motion shall not be filed on the docket at that time). See Judge Kovner’s Individual Rules IV.B. Plaintiff shall serve a response on defendants by 1/27/23 (but the response shall not be filed on the docket at that time). Defendant may serve a reply, if any, on plaintiff by 2/10/22. The parties shall file the fully-briefed motion with the Court by 2/10/22. Ordered by Judge Rachel P. Kovner on 11/29/22. (NCM)
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Blank  Filed: None, Entered: None Order on Motion for Pre Motion Conference
ORDER: Defendants' [13] motion for a pre-motion conference is denied because the Court has determined a conference is not necessary. Per the Court’s bundling rule, defendants may serve a motion to transfer, or motion to dismiss, on or before 12/30/22 (but the motion shall not be filed on the docket at that time). See Judge Kovner’s Individual Rules IV.B. Plaintiff shall serve a response on defendants by 1/27/23 (but the response shall not be filed on the docket at that time). Defendant may serve a reply, if any, on plaintiff by 2/10/22. The parties shall file the fully-briefed motion with the Court by 2/10/22. Ordered by Judge Rachel P. Kovner on 11/29/22. (NCM)
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Legal Document (Payment Possibly Required) 14 Filed: 11/23/2022, Entered: 11/23/2022 LetterCourt Filing
Letter to Judge Kovner in response to Defendants' Pre-Motion Request (ECF No. 13) by Michael Nachman (Reese, Michael)
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Blank  Filed: None, Entered: None Order
ORDER: Plaintiff shall respond to the [13] motion for pre-motion conference on or before 11/23/22. Ordered by Judge Rachel P. Kovner on 11/17/22. (NCM)
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Blank  Filed: None, Entered: None Order
ORDER: Plaintiff shall respond to the [13] motion for pre-motion conference on or before 11/23/22. Ordered by Judge Rachel P. Kovner on 11/17/22. (NCM)
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Legal Document (Payment Possibly Required) 13 Filed: 11/14/2022, Entered: 11/14/2022, Terminated: 11/29/2022 Motion for Pre Motion Conference
MOTION for pre motion conference by Tesla Finance LLC, Tesla Lease Trust, Tesla, Inc.. (Schoenfeld, Alan)
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Legal Document (Payment Possibly Required) 12 Filed: 11/14/2022, Entered: 11/14/2022 Corporate Disclosure Statement
Corporate Disclosure Statement by Tesla Finance LLC, Tesla Lease Trust, Tesla, Inc. identifying Corporate Parent no corporate parent and no publicly held coporation owns 10 percent or more of its stock for Tesla, Inc.; Corporate Parent Tesla, Inc. for Tesla Finance LLC; Corporate Parent Tesla, Inc. for Tesla Lease Trust. (Schoenfeld, Alan)
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Legal Document (Payment Possibly Required) 11 Filed: 11/14/2022, Entered: 11/14/2022 Notice of Appearance
NOTICE of Appearance by Alan E. Schoenfeld on behalf of Tesla Finance LLC, Tesla Lease Trust, Tesla, Inc. (aty to be noticed) (Schoenfeld, Alan)
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Legal Document (Payment Possibly Required) 10 Filed: 11/1/2022, Entered: 11/1/2022 Notice of Appearance
NOTICE of Appearance by Michael Robert Reese on behalf of Michael Nachman (aty to be noticed) (Reese, Michael)
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Legal Document (Payment Possibly Required) 9 Filed: 10/19/2022, Entered: 10/19/2022 waiver of service executed
WAIVER OF SERVICE Returned Executed by Michael Nachman. Tesla Lease Trust waiver sent on 10/19/2022, answer due 12/18/2022. (Reese, Michael)
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Legal Document (Payment Possibly Required) 8 Filed: 10/19/2022, Entered: 10/19/2022 waiver of service executed
WAIVER OF SERVICE Returned Executed by Tesla Finance LLC. Tesla Finance LLC waiver sent on 10/19/2022, answer due 12/18/2022. (Reese, Michael)
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Legal Document (Payment Possibly Required) 7 Filed: 10/19/2022, Entered: 10/19/2022 waiver of service executed
WAIVER OF SERVICE Returned Executed by Michael Nachman. Tesla, Inc. waiver sent on 10/19/2022, answer due 12/18/2022. (Reese, Michael)
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Legal Document 6 Filed: 10/6/2022, Entered: 10/6/2022 Summons issued
Summons Issued as to All Defendants. (CL)
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Legal Document (Payment Possibly Required) 5 Filed: 10/6/2022, Entered: 10/6/2022 Clerks Notice of Rule 73
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (CL)
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Legal Document (Payment Possibly Required) 4 Filed: 10/6/2022, Entered: 10/6/2022 Quality Control Check - Attorney Case Opening
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CL)
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Blank  Filed: None, Entered: None Case Assigned/Reassigned
Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Steven Tiscione. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CL)
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Legal Document (Payment Possibly Required) 3 Filed: 10/5/2022, Entered: 10/5/2022 Proposed Summons/Civil Cover Sheet
Proposed Summons. Re [1] Complaint by michael nachman (Attachments: # (1) Proposed Summons, # (2) Proposed Summons) (Moore, Charles)
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Legal Document (Payment Possibly Required) 2 Filed: 10/5/2022, Entered: 10/5/2022 Proposed Summons/Civil Cover Sheet
Civil Cover Sheet.. Re [1] Complaint by michael nachman (Moore, Charles)
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Legal Document 1 Filed: 10/5/2022, Entered: 10/5/2022 Complaint
COMPLAINT against Tesla Finance LLC, Tesla, Inc., Tesla lease trust filing fee $ 402, receipt number ANYEDC-16010228 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Michael Nachman. (Moore, Charles) Modified on 10/6/2022 (CL).
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