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Williams v. Tesla, Inc., Docket No. 4:20-cv-08208 (N.D. Cal. Nov 20, 2020), Court Docket
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Williams v. Tesla, Inc.

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Court Dockets
cand
U.S. District Court
California Northern District (Oakland)
CIVIL DOCKET FOR CASE #: 4:20-cv-08208-HSG

Williams v. Tesla, Inc.

DOCKET INFORMATION
Minimize
Date Filed: Nov 20, 2020
Nature of suit:195 Contract Product Liability
Assigned to:Judge Haywood S Gilliam, Jr
Cause:28:1332 Diversity-Breach of Contract
Jurisdiction:Diversity
Jury demand:Plaintiff

Parties and Attorneys

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 Plaintiff
Zachery Williams
Plaintiff
Representation
Mark I. Richards
McCune Wright Arevalo, LLP
3281 E. Guasti Road
Suite 100
Ontario, CA 91761
(909) 557-1250
Fax: (909) 557-1275
mir@mccunewright.com
ATTORNEY TO BE NOTICED
Steven Alan Haskins
McCune Wright Arevalo, LLP
3281 E. Guasti Road
Suite 100
Ontario
Ontario, CA 91761
(909) 557-1250
Fax: (909) 557-1275
sah@mccunewright.com
United Sta
ATTORNEY TO BE NOTICED
David Christopher Wright
McCune Wright Arevalo, LLP
3281 East Guasti Road
Suite 100
Ontario, CA 91761
(909) 557-1250
Fax: (909) 557-1275
dcw@mccunewright.com
ATTORNEY TO BE NOTICED

 Plaintiff
Michael Ma
Plaintiff
Representation
Mark I. Richards
(See above for address)
ATTORNEY TO BE NOTICED
Steven Alan Haskins
(See above for address)
ATTORNEY TO BE NOTICED
David Christopher Wright
(See above for address)
ATTORNEY TO BE NOTICED

 Plaintiff
John Diteman
Plaintiff
Representation
David Christopher Wright
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Tesla, Inc.
Defendant
Representation
Amir M. Nassihi
Shook Hardy & Bacon L.L.P.
555 Mission Street, Suite 2300
San Francisco, CA 94105
(415) 544-1900
Fax: (415) 391-0281
anassihi@shb.com
ATTORNEY TO BE NOTICED
Michael Lawrence Mallow
Shook, Hardy & Bacon L.L.P.
2049 Century Park East, 30th floor
Los Angeles, CA 90067
(816) 474-6550
Fax: (816) 421-5547
mmallow@shb.com
ATTORNEY TO BE NOTICED
Nalani Lin Crisologo
Shook, Hardy & Bacon L.L.P.
555 Mission Street, Suite 2300
San Francisco, CA 94105
(415) 544-1900
Fax: (415) 391-0281
ncrisologo@shb.com
ATTORNEY TO BE NOTICED
Rachel Aleeza Straus
Shook Hardy & Bacon, L.L.P.
2049 Century Park East, Suite 3000
Los Angeles, CA 90067
(424) 324-3411
Fax: (424) 204-9093
rstraus@shb.com
ATTORNEY TO BE NOTICED

Docket Entries

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EntryFiledPDFDescription
1Nov 20, 2020ViewCOMPLAINT (Class Action) against Tesla, Inc. ( Filing fee $ 400, receipt number 0971-15224732.). Filed byZachery Williams. (Attachments: # 1 Exhibit 1 - China SAMR Statement, # 2 Exhibit 2 - Blog Post, # 3 Exhibit 3 - Tesla Letter to NHTSA, # 4 Exhibit 4 - Technical Service Bulletin 13-31-003, # 5 Exhibit 5 - Technical Service Bulletin 17-31-001, # 6 Exhibit 6 - Technical Service Bulletin 19-31-001, # 7 Exhibit 7 - Repair Invoice, # 8 Civil Cover Sheet)(Wright, David) (Filed on 11/20/2020) (Entered: 11/20/2020)
2Nov 20, 2020RequestProposed Summons. (Wright, David) (Filed on 11/20/2020) (Entered: 11/20/2020)
3Nov 20, 2020RequestAFFIDAVIT re 1 Complaint,, as to Consumer Legal Remedies Act Venue by Zachery Williams. (Wright, David) (Filed on 11/20/2020) (Entered: 11/20/2020)
4Nov 23, 2020RequestCase assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/7/2020. (mbcS, COURT STAFF) (Filed on 11/23/2020) (Entered: 11/23/2020)
5Nov 24, 2020RequestInitial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/15/2021. Initial Case Management Conference set for 2/22/2021 01:30 PM in San Francisco, Courtroom C, 15th Floor. (hdjS, COURT STAFF) (Filed on 11/24/2020) (Entered: 11/24/2020)
6Nov 24, 2020RequestSummons Issued as to Tesla, Inc.. (hdjS, COURT STAFF) (Filed on 11/24/2020) (Entered: 11/24/2020)
7Nov 25, 2020ViewAMENDED COMPLAINT against All Defendants. Filed byZachery Williams, Michael Ma. (Attachments: # 1 Exhibit 1 - SAMR Statement, # 2 Exhibit 2 - Tesla Letter, # 3 Exhibit 3 - Tesla Blog Post, # 4 Exhibit 4 - TSB 13-31-003, # 5 Exhibit 5 - TSB-17-31-001, # 6 Exhibit 6 - TSB - 17-31-001, # 7 Exhibit 7 - Plaintiff Williams Invoice, # 8 Exhibit 8 - Plaintiff Ma Invoice, # 9 Affidavit Venue Affidavit - Plaintiff Ma)(Wright, David) (Filed on 11/25/2020) (Entered: 11/25/2020)
8Nov 25, 2020RequestProposed Summons. (Wright, David) (Filed on 11/25/2020) (Entered: 11/25/2020)
9Nov 30, 2020RequestSummons Issued as to Tesla, Inc. (hdjS, COURT STAFF) (Filed on 11/30/2020) (Entered: 11/30/2020)
10Dec 2, 2020RequestNOTICE of Appearance by Mark I. Richards as Counsel for Plaintiffs (Richards, Mark) (Filed on 12/2/2020) (Entered: 12/02/2020)
11Dec 2, 2020RequestNOTICE of Appearance by Steven Alan Haskins as Counsel for Plaintiffs (Haskins, Steven) (Filed on 12/2/2020) (Entered: 12/02/2020)
12Dec 7, 2020RequestCONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Michael Ma, Zachery Williams.. (Wright, David) (Filed on 12/7/2020) (Entered: 12/07/2020)
13Dec 7, 2020RequestWAIVER OF SERVICE Returned Executed filed by Zachery Williams, Michael Ma. Service waived by Tesla, Inc. waiver sent on 12/1/2020, answer due 2/1/2021. (Wright, David) (Filed on 12/7/2020) (Entered: 12/07/2020)
14Dec 8, 2020RequestCLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 12/8/2020) (Entered: 12/08/2020)
15Dec 9, 2020RequestORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 12/09/2020. (Attachments: # 1 Notice of Eligibility for Video Recording)(mbcS, COURT STAFF) (Filed on 12/9/2020) (Entered: 12/09/2020)
16Dec 9, 2020RequestORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge JEFFREY S. WHITE on 12/9/20.Joint Case Management Statement due by 3/5/2021. Initial Case Management Conference set for 3/12/2021 11:00 AM in Oakland, - Telephonic Only.This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 1-888-684-8852Access Code: 8583698#The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (jjoS, COURT STAFF) (Filed on 12/9/2020) (Entered: 12/09/2020)
17Dec 9, 2020ViewORDER OF RECUSAL. Signed by Judge Jeffrey S. White on 12/9/20. (jjoS, COURT STAFF) (Filed on 12/9/2020) (Entered: 12/09/2020)
18Dec 9, 2020RequestORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Judge Jeffrey S. White no longer assigned to case, Signed by the Clerk on 12/9/2020. (anjS, COURT STAFF) (Filed on 12/9/2020) (Entered: 12/09/2020)
19Dec 10, 2020RequestCLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for March 16, 2021, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by March 9th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:20-cv-08208-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 12/10/2020) (Entered: 12/10/2020)
20Jan 18, 2021RequestSTIPULATION for Extension of Time to Respond to Complaint re 7 Amended Complaint filed by Tesla, Inc., Michael Ma, and Zachery Williams. (Nassihi, Amir) (Filed on 1/18/2021) Modified on 1/19/2021 (bnsS, COURT STAFF). (Entered: 01/18/2021)
21Jan 21, 2021RequestNOTICE of Appearance by Michael Lawrence Mallow (Mallow, Michael) (Filed on 1/21/2021) (Entered: 01/21/2021)
22Jan 21, 2021RequestNOTICE of Appearance by Rachel Aleeza Straus (Straus, Rachel) (Filed on 1/21/2021) (Entered: 01/21/2021)
23Jan 21, 2021RequestNOTICE of Appearance by Amir M. Nassihi (Nassihi, Amir) (Filed on 1/21/2021) (Entered: 01/21/2021)
24Jan 21, 2021RequestNOTICE of Appearance by Nalani Lin Crisologo (Crisologo, Nalani) (Filed on 1/21/2021) (Entered: 01/21/2021)
25Jan 21, 2021RequestCertificate of Interested Entities by Tesla, Inc. (Nassihi, Amir) (Filed on 1/21/2021) (Entered: 01/21/2021)
26Feb 1, 2021RequestADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiff Michael Ma (Richards, Mark) (Filed on 2/1/2021) (Entered: 02/01/2021)
27Feb 1, 2021RequestADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiff Zachery Williams (Richards, Mark) (Filed on 2/1/2021) (Entered: 02/01/2021)
28Feb 9, 2021RequestADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Defendant Tesla, Inc. (Straus, Rachel) (Filed on 2/9/2021) (Entered: 02/09/2021)
29Feb 24, 2021RequestSTIPULATION WITH PROPOSED ORDER For Extension of Time to Respond to Amended Complaint and Continuance of Case Management Conference re 7 Amended Complaint, filed by Tesla, Inc., Michael Ma and Zachery Williams. (Nassihi, Amir) (Filed on 2/24/2021) Modified on 2/25/2021 (bnsS, COURT STAFF). (Entered: 02/24/2021)
30Feb 25, 2021RequestORDER by Judge Haywood S. Gilliam, Jr. Granting 29 Stipulation For Extension of Time to Respond to Amended Complaint and Continuance of Case Management Conference. Motions due by 3/31/2021; Responses due by 4/28/2021; Replies due by 5/19/2021; and Initial Case Management Conference set for 4/6/2021 02:00 PM.(ndrS, COURT STAFF) (Filed on 2/25/2021) (Entered: 02/25/2021)
31Mar 12, 2021RequestNOTICE of Change of Address by Amir M. Nassihi (Nassihi, Amir) (Filed on 3/12/2021) (Entered: 03/12/2021)
32Mar 25, 2021RequestCLERK'S NOTICE RE DOCKET NO. 30 . Notice is hereby given that the case management conference previously set for April 6, 2021 will be held telephonically. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.).(ndrS, COURT STAFF) (Filed on 3/25/2021) (Entered: 03/25/2021)
33Mar 25, 2021RequestSTIPULATION WITH PROPOSED ORDER to Stay Plaintiff Zachery Williams' Claims and to Continue the Case Management Conference filed by Tesla, Inc., Michael Ma, and Zachery Williams. (Nassihi, Amir) (Filed on 3/25/2021) Modified on 3/26/2021 (bnsS, COURT STAFF). (Entered: 03/25/2021)
34Mar 26, 2021RequestORDER by Judge Haywood S. Gilliam, Jr. Granting 33 Stipulation to Stay Plaintiff Zachery Williams' Claims and to Continue the Case Management Conference. Initial Case Management Conference set for 7/6/2021 02:00 PM.(ndrS, COURT STAFF) (Filed on 3/26/2021) (Entered: 03/26/2021)
35Mar 31, 2021Request***RE-FILED, SEE DOCKET NO. 36 *** MOTION to Dismiss Plaintiff Michael Ma's Claims Alleged in the First Amended Complaint filed by Tesla, Inc.. Motion Hearing set for 6/3/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 4/28/2021. Replies due by 5/19/2021. (Attachments: # 1 Proposed Order)(Nassihi, Amir) (Filed on 3/31/2021) Modified on 4/5/2021 (bnsS, COURT STAFF). (Entered: 03/31/2021)
36Apr 2, 2021ViewAmended MOTION to Dismiss Plaintiff Michael Ma's Claims Alleged in the First Amended Complaint filed by Tesla, Inc.. Motion Hearing set for 6/3/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 4/28/2021. Replies due by 5/19/2021. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Nassihi, Amir) (Filed on 4/2/2021) (Entered: 04/02/2021)
37Apr 28, 2021RequestPlaintiff Michael Ma's Claims Alleged in the First Amended Complaint (re 36 Amended MOTION to Dismiss ) filed byMichael Ma. (Wright, David) (Filed on 4/28/2021) Modified on 4/29/2021 (bnsS, COURT STAFF). (Entered: 04/28/2021)
38May 19, 2021ViewREPLY (re 36 Amended MOTION to Dismiss Plaintiff Michael Ma's Claims Alleged in the First Amended Complaint ) filed byTesla, Inc.. (Attachments: # 1 Exhibit A - Model S Quick Guide)(Nassihi, Amir) (Filed on 5/19/2021) (Entered: 05/19/2021)
39May 27, 2021RequestJoint MOTION for Hearing on Tesla's Motion to Dismiss Plaintiff Michael Ma's Claims filed by Tesla, Inc., and Michael Ma. (Mallow, Michael) (Filed on 5/27/2021) Modified on 5/28/2021 (bnsS, COURT STAFF). (Entered: 05/27/2021)
40May 28, 2021RequestCLERK'S NOTICE RE DOCKET NO. 36 . Notice is hereby given that the hearing on the motion set for June 3rd will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 5/28/2021) (Entered: 05/28/2021)
41Jun 1, 2021RequestCLERK'S NOTICE. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to 36 Amended MOTION to Dismiss Plaintiff Michael Ma's Claims Alleged in the First Amended Complaint.,. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. Motion Hearing set for 6/10/2021 02:00 PM in Oakland, - To be determined before Judge Haywood S Gilliam Jr.. (ndrS, COURT STAFF) (Filed on 6/1/2021) (Entered: 06/01/2021)
42Jun 1, 2021RequestCORRECTED CLERK'S NOTICE RE DOCKET NOS. 41 . Notice is hereby given that the hearing on 36 motion to dismiss, previously set for June 3, 2021, is continued to June 10, 2021 before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 6/1/2021) (Entered: 06/01/2021)
43Jun 9, 2021RequestORDER by Hon. Haywood S. Gilliam, Jr. DENYING Dkt. No. 39 Joint Motion for Hearing on Tesla's Motion to Dismiss Plaintiff Michael Ma's Claims. The Court takes the pending Dkt. No. 36 motion under submission. The hearing previously scheduled for June 10, 2021 is VACATED. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 6/9/2021) (Entered: 06/09/2021)
44Jun 21, 2021ViewORDER by Judge Haywood S. Gilliam, Jr. Granting 36 Motion to Dismiss. Amended Pleadings due by 7/19/2021. (ndrS, COURT STAFF) (Filed on 6/21/2021) (Entered: 06/21/2021)
45Jun 22, 2021RequestCLERK'S NOTICE RE DOCKET NO. 34 . Notice is hereby given that the case management conference previously set for July 6th will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 6/22/2021) (Entered: 06/22/2021)
46Jun 30, 2021RequestSTIPULATION WITH PROPOSED ORDER to Continue the Case Management Conference and Continue to Stay Plaintiff Zachary Williams' Claims filed by Tesla, Inc., Michael M and Zachery Williams. (Mallow, Michael) (Filed on 6/30/2021) Modified on 7/1/2021 (bnsS, COURT STAFF). (Entered: 06/30/2021)
47Jul 2, 2021RequestSTIPULATION WITH PROPOSED ORDER (REVISED) to Continue the Case Management Conference and Continue to Stay Plaintiff Zachary Williams' Claims filed by Tesla, Inc., Michael Ma, and Zachery Williams. (Mallow, Michael) (Filed on 7/2/2021) Modified on 7/6/2021 (bnsS, COURT STAFF). (Entered: 07/02/2021)
48Jul 6, 2021RequestORDER (as modified) by Judge Haywood S. Gilliam, Jr. Granting 47 (REVISED) Stipulation to Continue the Case Management Conference and Continue to Stay Plaintiff Zachary Williams' Claims. *Docket No. 46 is Terminated, Re-filed as Docket No. 47 .* (ndrS, COURT STAFF) (Filed on 7/6/2021) (Entered: 07/06/2021)
Jul 6, 2021Set Hearing, See Docket No. 48 : Initial Case Management Conference set for 8/24/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor. (ndrS, COURT STAFF) (Filed on 7/6/2021) (Entered: 07/06/2021)
49Jul 19, 2021RequestSECOND AMENDED CLASS ACTION COMPLAINT with Jury Demand against Tesla, Inc.. Filed by Zachery Williams, Michael Ma, John Diteman. (Attachments: # 1 Exhibit 1 - SAMR Stmt, # 2 Exhibit 2 - Tesla Ltr, # 3 Exhibit 3 - Tesla Blog, # 4 Exhibit 4 - TSB 13-31-003, # 5 Exhibit 5 - TSB 17-31-001, # 6 Exhibit 6 - TSB 19-31-001, # 7 Exhibit 7 - Pl Williams Service Invoice, # 8 Exhibit 8 - Pl Ma Service Invoice, # 9 Exhibit 9 - Pl Diteman Service Invoice)(Wright, David) (Filed on 7/19/2021) Modified on 7/20/2021 (bnsS, COURT STAFF). (Entered: 07/19/2021)
50Jul 30, 2021RequestSTIPULATION WITH PROPOSED ORDER to Continue the Deadline for Defendant to Respond to Plaintiffs' Second Amended Complaint filed by Tesla, Inc., Zachery Williams and Michael Ma. (Mallow, Michael) (Filed on 7/30/2021) Modified on 8/2/2021 (bnsS, COURT STAFF). (Entered: 07/30/2021)
51Aug 3, 2021RequestORDER by Judge Haywood S. Gilliam, Jr. Granting 50 Stipulation to Continue the Deadline for Defendant to Respond to Plaintiffs' Second Amended Complaint. (ndrS, COURT STAFF) (Filed on 8/3/2021) (Entered: 08/03/2021)
52Aug 4, 2021RequestCLERK'S NOTICE RE DOCKET NO. 48 . Notice is hereby given that the case management conference previously set for August 24th will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 8/4/2021) (Entered: 08/04/2021)
53Aug 6, 2021RequestSTIPULATION WITH PROPOSED ORDER to Stay Plaintiff Zachery Williams' and John Diteman's Claims, Setting a Briefing Schedule for Tesla's Motion to Dismiss Ma's Claims, and to Continue the Case Management Conference filed by Tesla, Inc., Zachery Williams, Michael Ma and John Diteman. (Mallow, Michael) (Filed on 8/6/2021) Modified on 8/9/2021 (bnsS, COURT STAFF). (Entered: 08/06/2021)
54Aug 9, 2021RequestORDER by Hon. Haywood S. Gilliam, Jr. SETTING a telephonic case management conference on August 10, 2021, at 2:00 p.m. The parties do not need to file a joint statement, but should be prepared to discuss Dkt. No. 53 Stipulation to Stay Plaintiff Zachery Williams' and John Diteman's Claims, Setting a Briefing Schedule for Tesla's Motion to Dismiss Ma's Claims, and to Continue the Case Management Conference. All counsel shall use the following dial-in information to access the call:Dial-In: 888-808-6929;Passcode: 6064255For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 8/9/2021) (Entered: 08/09/2021)
Aug 9, 2021Set Hearing, See Docket No. 54 . Further Case Management Conference set for 8/10/2021 02:00 PM in Oakland, - Telephonic Only. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (ndrS, COURT STAFF) (Filed on 8/9/2021) (Entered: 08/09/2021)
55Aug 10, 2021RequestCLERKS NOTICE CONVERTING PREVIOUSLY SET TELEPHONIC HEARING TO A ZOOM HEARING. Further Case Management Conference set for 8/10/2021 at 02:00 PM - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/hsg General Order 58. Persons granted access to court pr oceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Filed on 8/10/2021) (Entered: 08/10/2021)
56Aug 10, 2021RequestMinute Entry for proceedings held before Judge Haywood S Gilliam, Jr: Further Case Management Conference held on 8/10/2021. Total Time in Court: 14 minutes. Not Reported. Plaintiff Attorney: David Wright. Defendant Attorney: Amir Nassihi; Michael Mallow. Court and parties discuss case management. Court grants the parties stipulation to stay claims and set a briefing schedule for motion to dismiss with the following modifications: Case management conference continued to 11/18/2021. Hearing on Mas motion to dismiss set for 11/18/2021 at 2:00 PM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Date Filed: 8/10/2021) (Entered: 08/11/2021)
57Aug 11, 2021RequestSTIPULATION AND ORDER **AS MODIFIED BY THE COURT TO STAY PLAINTIFF ZACHERY WILLIAMS' AND JOHN DITEMAN'S CLAIMS, SETTING A BRIEFING SCHEDULE FOR TESLA'S MOTION TO DISMISS MA'S CLAIMS, AND TO CONTINUE THE CASE MANAGEMENT CONFERENCE by Judge Haywood S Gilliam, Jr granting 53 Stipulation. Motion to Dismiss due by 8/23/2021. Opposition due 9/20/2021. Reply due 10/7/2021. Further Case Management Conference and Hearing on Motion to Dismiss set for 11/18/2021 at 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr. (kcS, COURT STAFF) (Filed on 8/11/2021) (Entered: 08/11/2021)
58Aug 23, 2021RequestMOTION to Dismiss Plaintiff Michael Ma's Claims Alleged in the Second Amended Complaint filed by Tesla, Inc.. Motion Hearing set for 11/18/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 9/20/2021. Replies due by 10/7/2021. (Attachments: # 1 Proposed Order)(Straus, Rachel) (Filed on 8/23/2021) (Entered: 08/23/2021)
59Sep 20, 2021ViewOPPOSITION/RESPONSE (re 58 MOTION to Dismiss Plaintiff Michael Ma's Claims Alleged in the Second Amended Complaint ) filed byMichael Ma. (Wright, David) (Filed on 9/20/2021) (Entered: 09/20/2021)
60Oct 7, 2021ViewREPLY (re 58 MOTION to Dismiss Plaintiff Michael Ma's Claims Alleged in the Second Amended Complaint ) filed byTesla, Inc.. (Mallow, Michael) (Filed on 10/7/2021) (Entered: 10/07/2021)
61Nov 15, 2021RequestCLERK'S NOTICE RE DOCKET NOS. 57 and 58 . Notice is hereby given that the further case management conference and the hearing on the motion previously set for November 18, 2021 will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 11/15/2021) (Entered: 11/15/2021)
62Nov 15, 2021RequestCASE MANAGEMENT STATEMENT and Proposed Order [Joint Statement] filed by John Diteman, Michael Ma, Zachery Williams. (Wright, David) (Filed on 11/15/2021) (Entered: 11/15/2021)
63Nov 18, 2021RequestMinute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Motion Hearing held and Initial Case Management Conference NOT held on 11/18/2021.Total Time in Court: 22 minutes. Court Reporter: Raynee Mercado. Plaintiff Attorney: David Wright. Defendant Attorney: Michael Mallow and Rachel Straus. Motion to dismiss (docket no. 58 ) is argued and submitted by the parties and taken under submission by the Court. Written order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 11/18/2021) (Entered: 11/19/2021)
64Mar 28, 2022RequestORDER by Judge Haywood S. Gilliam, Jr. GRANTING 58 MOTION TO DISMISS. Amended Pleadings due by 4/18/2022. (ndr, COURT STAFF) (Filed on 3/28/2022) (Entered: 03/28/2022)
65Apr 18, 2022RequestAMENDED COMPLAINT Third Amended Class Action Complaint against Tesla, Inc.. Filed byZachery Williams, Michael Ma, John Diteman. (Attachments: # 1 Exhibit 1 - - SAMR Stmt, # 2 Exhibit 2 - Tesla Letter, # 3 Exhibit 3 - Tesla Blog, # 4 Exhibit 4 - TSB 13-31-003, # 5 Exhibit 5 - TSB 17-31-001, # 6 Exhibit 6 - TSB 19-31-001, # 7 Exhibit 7 - Williams Service Invoice, # 8 Exhibit 8 - Ma Service Invoice, # 9 Exhibit 9 - Diteman Service Invoice, # 10 Exhibit 10 - Suspension Defect-related Complaints MY 2013-2018)(Wright, David) (Filed on 4/18/2022) (Entered: 04/18/2022)
66Apr 19, 2022RequestSTIPULATION WITH PROPOSED ORDER to Stay Plaintiff Zachery Williams' and John Diteman's Claims filed by Tesla, Inc.. (Nassihi, Amir) (Filed on 4/19/2022) (Entered: 04/19/2022)
67Apr 20, 2022RequestORDER by Judge Haywood S. Gilliam, Jr. Denying 66 Stipulation to Stay Plaintiff Zachery Williams' and John Diteman's Claims. (ndr, COURT STAFF) (Filed on 4/20/2022) (Entered: 04/20/2022)
68May 2, 2022RequestMOTION to Dismiss Plaintiff Michael Ma's Claims Alleged in the Third Amended Complaint filed by Tesla, Inc.. Motion Hearing set for 9/1/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 5/16/2022. Replies due by 5/23/2022. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order)(Mallow, Michael) (Filed on 5/2/2022) (Entered: 05/02/2022)
69May 18, 2022RequestSTIPULATION WITH PROPOSED ORDER re 68 MOTION to Dismiss Plaintiff Michael Ma's Claims Alleged in the Third Amended Complaint to Extend Briefing Deadlines filed by Michael Ma. (Attachments: # 1 Proposed Order)(Wright, David) (Filed on 5/18/2022) (Entered: 05/18/2022)
70May 18, 2022RequestOrder by Judge Haywood S. Gilliam, Jr. granting 69 Stipulation Extending Briefing Schedule on Defendant's Motion to Dismiss. Responses due by 5/27/2022. Replies due by 6/13/2022. (wft, COURT STAFF) (Filed on 5/18/2022) (Entered: 05/18/2022)

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