David M. Wagner, v. Tesla, Inc., a Delaware corporation Document 1: Complaint, Attachment 4

Delaware Court of Chancery
Case No. 2021-1090-JTL
Filed December 16, 2021

Verified Complaint Pursuant to DEL. C. § 220 to Compel Inspection of Books and Records

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Page 1 EFiled: Dec 16 2021 12:39PM EST
Transaction ID Case No. 2021-1090-
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
DAVID M. WAGNER,
Plaintiff,
v.
TESLA, INC.,
a Delaware corporation,
Defendant.
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MOTION TO EXPEDITE PROCEEDINGS
Plaintiff David M. Wagner (“Plaintiff”), by and through his undersigned
counsel, respectfully moves this Court for an order in the form attached hereto
expediting the proceedings in the above-captioned action. In support of this motion,
Plaintiff states as follows:
1.
Plaintiff is a stockholder of Tesla, Inc. (the “Company”) and has
continuously been a stockholder of the Company at all times relevant hereto.
2.
Concurrent with the filing of this Motion, Plaintiff has commenced an
action against Tesla, Inc. to inspect certain of Tesla, Inc.’s books and records
pursuant to 8 Del. C. § 220 due to the Company’s failure to comply with Plaintiff’s
request for inspection.
3.
In recognition of the need for expedited treatment of such actions,
8 Del. C. § 220(c) specifically states that the Court “may summarily order the
Page 2 corporation to permit the stockholder to inspect the corporation’s stock ledger, an
existing list of stockholders, and its other books and records….” This Court has
acknowledged the expedited nature of books and records actions, stating that Section
220 “contemplates summary proceedings and the accelerated scheduling of cases
under it emphasized processing and disposition.” Mite Corp. v. Heli-Coil Corp.,
256 A.2d 855, 857 (Del. Ch. 1969).
WHEREFORE, Plaintiff respectfully requests that the Court enter an Order in
the form attached hereto, setting a prompt trial date.
HEYMAN ENERIO
GATTUSO & HIRZEL LLP
/s/ Kurt M. Heyman
Kurt M. Heyman (# 3054)
Gillian L. Andrews (# 5719)
300 Delaware Avenue, Suite Wilmington, DE (302) 472-Words: Attorneys for Plaintiff
OF COUNSEL:
POMERANTZ LLP
Gustavo F. Bruckner
Samuel J. Adams
Daryoush Behbood
600 Third Avenue, 20th Floor
New York, NY (212) 661-Dated: December 16,
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