Case number 4:22-cv-00063
Sieler v. Atieva Inc > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 11, 2023 | 146 | [IN-CHAMBERS TEXT ONLY ORDER] This case, having been referred to Magistrate Judge Peter H. Kang for settlement, issues the following orders: Counsel for all parties are directed to review this Court's Standing Order for Settlement Conferences prior to the Planning Conference, particularly the meet and confer requirements for scheduling the Settlement Conference. See https://cand.uscourts.gov/judges/peter-h-kang-phk/. The Court orders the parties to meet and confer on proposing at least two alternate dates in the first two weeks of November for the Pre-Settlement Planning Conference by Zoom. The Parties are ordered to email PHKCRD@cand.uscourts.gov two alternate dates for the purposes of setting the Pre-Settlement Planning Conference and email the names of the individuals who will appear for the purposes of the Pre-Settlement Planning Conference.Zoom Meeting Access: Information on how to join the Planning Conference can be found on the Court's website under the subheading Non-Public Hearings [Settlement Conferences] at https://cand.uscourts.gov/judges/peter-h-kang-phk/.Court Appearances: Advanced notice is required of all counsel who will be participating in the Planning Conference in order for counsel to participate in the Zoom meeting. A list of names, email addresses, and party they are representing of those counsel for each Party participating in the Pre-Settlement Planning Conference must be sent to Judge Kang's Courtroom Deputy via email at PHKCRD@cand.uscourts.gov. General Order 58: 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. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Signed by Judge Peter H. Kang on 10/11/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (phklc1, COURT STAFF) (Filed on 10/11/2023) (Entered: 10/11/2023) (0) |
| Oct 11, 2023 | 147 | ORDER ON RESETTING HEARINGS; Granting as modified Dkt. No. 145 . Case Management Conference set for 10/18/2023, is continued to 11/8/2023 10:00 AM by telephone. Updated Case Management Statement due by 11/1/2023. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 10/11/2023) (Entered: 10/11/2023) (2) |
| Oct 10, 2023 | 144 | ORDER REFERRING CASE to Magistrate Judge Peter H. Kang for Settlement with recommendation to be completed within 90 days. Signed by Judge Nathanael M. Cousins on 10/10/2023. (lmh, COURT STAFF) (Filed on 10/10/2023) (Entered: 10/10/2023) (1) |
| Oct 10, 2023 | 145 | STIPULATION WITH PROPOSED ORDER to Reschedule Hearings filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Attachments: # 1 Proposed Order)(Mann, Rex) (Filed on 10/10/2023) (Entered: 10/10/2023) (0) |
| Sep 22, 2023 | 143 | CLERK'S NOTICE SETTING TELEPHONE CONFERENCE. Please note that you must be logged into an ECF account of counsel of record in order to view this document. Telephone Conference set for 10/17/2023 11:00 AM in Oakland, - Telephonic Only before Magistrate Judge Kandis A. Westmore. (wft, COURT STAFF) (Filed on 9/22/2023) (Entered: 09/22/2023) (0) |
| Sep 15, 2023 | 138 | NOTICE of Appearance by Michael F. Heafey (Heafey, Michael) (Filed on 9/15/2023) (Entered: 09/15/2023) (2) |
| Sep 15, 2023 | 139 | MOTION to Withdraw as Attorney and Proposed Order filed by Atieva Inc. Responses due by 9/29/2023. Replies due by 10/6/2023. (Forbis, Glenn) (Filed on 9/15/2023) (Entered: 09/15/2023) (5) |
| Sep 15, 2023 | 140 | MOTION to Withdraw as Attorney and Proposed Order CORRECTION OF DOCKET 139 filed by Atieva Inc. Responses due by 9/29/2023. Replies due by 10/6/2023. (Forbis, Glenn) (Filed on 9/15/2023) (Entered: 09/15/2023) (5) |
| Sep 15, 2023 | 141 | ORDER GRANTING 137 Motion to Withdraw as Counsel for Defendants filed by Fisher & Phillips LLP. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 9/15/2023) (Entered: 09/15/2023) (5) |
| Sep 15, 2023 | 142 | ORDER GRANTING 140 Motion to Withdraw as Counsel for Defendants filed by Harness Dickey & Pierce, P.L.C. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 9/15/2023) (Entered: 09/15/2023) (5) |
| Sep 14, 2023 | 135 | ORDER GRANTING 133 Application for Admission of Attorney Rex Mann Pro Hac Vice representing Defendants. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 9/14/2023) (Entered: 09/14/2023) (3) |
| Sep 14, 2023 | 136 | ORDER GRANTING 134 Application for Admission of Attorney Ahtoosa Dale Pro Hac Vice representing Defendants. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 9/14/2023 (Entered: 09/14/2023) (3) |
| Sep 14, 2023 | 137 | MOTION to Withdraw as Attorney filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Responses due by 9/28/2023. Replies due by 10/5/2023. (Zobel, Danielle) (Filed on 9/14/2023) (Entered: 09/14/2023) (5) |
| Sep 13, 2023 | 132 | NOTICE of Appearance by Drew Helen Washington for Defendants Atieva, Inc., Hans-Christoph Eckstein, Wiebke Eckstein, and Eric Magnus Bach (Washington, Drew) (Filed on 9/13/2023) (Entered: 09/13/2023) (2) |
| Sep 13, 2023 | 133 | MOTION for leave to appear in Pro Hac Vice by Rex Mann ( Filing fee $ 317, receipt number ACANDC-18640629.) filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Mann, Rex) (Filed on 9/13/2023) (Entered: 09/13/2023) (3) |
| Sep 13, 2023 | 134 | MOTION for leave to appear in Pro Hac Vice by Ahtoosa Dale ( Filing fee $ 317, receipt number ACANDC-18640684.) filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Dale, Ahtoosa) (Filed on 9/13/2023) (Entered: 09/13/2023) (3) |
| Sep 7, 2023 | 130 | AMENDED CASE MANAGEMENT SCHEDULING ORDER: CMC set for 9/13/2023, is vacated. Plaintiff must serve all supplemental interrogatory responses by 9/22/2023. Deposition of Plaintiff Marcel Sieler must occur by 9/29/2023. All discovery of expert witnesses must be completed by 9/29/2023. Any motion for summary judgment must be served by 10/13/2023. Further Case Management Conference set for 10/18/2023, at 10:00 AM. Joint case management statement due 10/11/2023. Pretrial Conference set for 1/17/2024, at 02:00 PM. Trial set for 1/22/2024, at 09:00 AM in San Jose, Courtroom 5, 4th Floor. Signed by Judge Nathanael M. Cousins on 9/7/2023. (lmh, COURT STAFF) (Filed on 9/7/2023)Any non-CM/ECF Participants have been served via email) (Entered: 09/07/2023) (2) |
| Sep 7, 2023 | 131 | AMENDED PRETRIAL PREPARATION ORDER. Signed by Judge Nathanael M. Cousins on 9/7/2023. (lmh, COURT STAFF) (Filed on 9/7/2023)Any non-CM/ECF Participants have been served via email) (Entered: 09/07/2023) (5) |
| Sep 6, 2023 | 129 | CASE MANAGEMENT STATEMENT Joint Update For Further Case Management Conference filed by Atieva Inc. (Forbis, Glenn) (Filed on 9/6/2023) (Entered: 09/06/2023) (4) |
| Aug 11, 2023 | 128 | ORDER RE 8/14/2023 SETTLEMENT CONFERENCE. The parties did not provide their confidential submissions by today, 8/11/2023 at 9:00 AM as instructed. As a result, the parties in this case will not participate in the settlement conference set for 8/14/2023 in Sieler v. Lucid, Inc., 23-cv-00092-DMR. Should the parties require Judge Westmore's assistance in facilitating settlement discussions, they must contact Judge Westmore's courtroom deputy for a new date. Signed by Judge Kandis A. Westmore on 8/11/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kawlc1, COURT STAFF) (Filed on 8/11/2023)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) (Entered: 08/11/2023) (0) |
| Aug 9, 2023 | 127 | Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Further Case Management Conference held on 8/9/2023 via Zoom. Parties re-referred to Magistrate Judge Westmore for participation in the 8/14 settlement conference. Defendant must contact Judge Westmore's chambers by 8/10 to confirm participation. Further Case Management Conference set for 9/13/2023, at 10:30 AM by Zoom webinar. Joint update to be filed by 9/6/2023. Plaintiff Marciel Sieler. Defendant's Attorneys: Glenn Forbis, Jeremiah Foley. Zoom webinar: 10:31am - 10:39am. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 8/9/2023) (Entered: 08/09/2023) (0) |
| Aug 8, 2023 | 126 | CLERKS NOTICE CONFIRMING ZOOM HEARING. Further Case Management Conference remains set for 8/9/2023, at 10:30 AM before Judge Nathanael M. Cousins. 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/nc General Order 58. 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.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.) (lmh, COURT STAFF) (Filed on 8/8/2023)Any non-CM/ECF Participant has been served via email. (Entered: 08/08/2023) (0) |
| Jul 12, 2023 | 124 | Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Motion Hearing held on 7/12/2023 via Zoom webinar. 117 Motion to Withdraw as Counsel filed by Quynh Chen is granted. 122 Defendant's Motion for Sanctions is denied. Court VACATES all deadlines, including settlement referral to Magistrate Judge Kandis A. Westmore. Further Case Management Conference set for 8/9/2023, at 10:30 AM by Zoom webinar, with update due 8/2/2023. Plaintiff's Attorney: Quynh Chen. Plaintiff Marciel Sieler. Defendant's Attorneys: Glenn Forbis, Jeremiah Foley. Zoom webinar: 2:01pm - 2:47pm. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 7/12/2023) (Entered: 07/12/2023) (0) |
| Jul 12, 2023 | 125 | ORDER Directing Plaintiff to Available Resources. Re: ECF 117 . Signed by Judge Nathanael M. Cousins on 7/12/2023. (lmh, COURT STAFF) (Filed on 7/12/2023)Any non-CM/ECF Participants have been served by via email. (NEF) (Entered: 07/12/2023) (2) |
| Jun 28, 2023 | 123 | CLERK'S NOTICE RE: 122 . The Court will address the Discovery Letter Brief filed by Defendants at the hearing set for 7/12/2023, at 02:00 PM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 6/28/2023) (Entered: 06/28/2023) (0) |
| Jun 27, 2023 | 122 | Discovery Letter Brief filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Zobel, Danielle) (Filed on 6/27/2023) (Entered: 06/27/2023) (3) |
| Jun 26, 2023 | 120 | Supplemental Brief re 118 Clerk's Notice Setting Zoom Hearing.,,,,, Set Motion and Deadlines/Hearings,,,, filed byMarcel Sieler. (Related document(s) 118 ) (Chen, Quynh) (Filed on 6/26/2023) (Entered: 06/26/2023) (3) |
| Jun 26, 2023 | 121 | CLERK'S NOTICE RE: 117 Application for Withdrawal of Quynh Chen as Counsel of Record. Hearing set for 7/5/2023, is continued to 7/12/2023, at 02:00 PM before Magistrate Judge Nathanael M. Counsel. This proceeding will be held via Zoom webinar. (This is a text-only entry generated by the court. There is no document associated with this entry.)(lmh, COURT STAFF) (Filed on 6/26/2023) (Entered: 06/26/2023) (0) |
| Jun 23, 2023 | 117 | Application for Withdrawal of Quynh Chen as Counsel and Proposed Order by Marcel Sieler. (Chen, Quynh) (Filed on 6/23/2023) Modified on 6/23/2023 (cv, COURT STAFF). (Entered: 06/23/2023) (3) |
| Jun 23, 2023 | 118 | CLERKS NOTICE SETTING ZOOM HEARING. Please take notice the Application for Withdrawal of Quynh Chen as Counsel of Record for Plaintiff, Dkt. 117 , is set for 7/5/2023, at 10:00 AM before Magistrate Judge Nathanael M. Cousins. This proceeding will be held via a Zoom webinar.Plaintiff's counsel is to provide notice of this hearing to Plaintiff and file supplemental brief by 6/30/2023. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/nc General Order 58. 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.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (lmh, COURT STAFF) (Filed on 6/23/2023) (Entered: 06/23/2023) (2) |
| Jun 23, 2023 | 119 | Discovery Letter Brief filed by Marcel Sieler. (Chen, Quynh) (Filed on 6/23/2023) (Entered: 06/23/2023) (3) |
| Jun 7, 2023 | 116 | Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Discovery Hearing re Letter Briefs 109 , 113 ; See minute order for Court's rulings. Case schedule remains as previously set. Further Case Management Conference set for 8/30/2023, at 10:00 AM by telephone, with joint update due 8/23/2023. Attorney for Plaintiaff: Quynh Chen. Attorney for Defendants: Glenn Forbis. AT&T Recording: 11:01am - 11:35am (34 minutes). (lmh, COURT STAFF) (Date Filed: 6/7/2023) (Entered: 06/07/2023) (1) |
| Jun 6, 2023 | 111 | MOTION to Appear by Telephone REQUEST FOR REMOTE APPEARANCE IN LIEU OF IN PERSON HEARING RE DISCOVERY LETTER BRIEF filed by Atieva Inc. (Forbis, Glenn) (Filed on 6/6/2023) (Entered: 06/06/2023) (3) |
| Jun 6, 2023 | 112 | MOTION to Appear by Telephone Plaintiff's Request for Remote Appearance in Lieu of In Person Hearing filed by Marcel Sieler. (Chen, Quynh) (Filed on 6/6/2023) (Entered: 06/06/2023) (3) |
| Jun 6, 2023 | 113 | OPPOSITION/RESPONSE (re 109 Discovery Letter Brief ) filed byMarcel Sieler. (Chen, Quynh) (Filed on 6/6/2023) (Entered: 06/06/2023) (6) |
| Jun 6, 2023 | 114 | Order granting 111 Motion to Appear by Telephone entered by Magistrate Judge Nathanael M. Cousins. The Court converts this hearing to a telephonic appearance for all parties. Please call 888.684.8852, passcode 1557087. No change to the date and time for the hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 06/06/2023) (0) |
| Jun 6, 2023 | 115 | Order granting 112 Motion to Appear by Telephone entered by Magistrate Judge Nathanael M. Cousins. The Court converts this hearing to a telephonic appearance for all parties. Please call 888.684.8852, passcode 1557087. No change to the date and time for the hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 06/06/2023) (0) |
| Jun 5, 2023 | 110 | CLERK'S NOTICE SETTING IN PERSON HEARING. Please take notice the Discovery Letter Brief, Dkt. 109 , is set for hearing 6/7/2023, at 11:00 AM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Plaintiff's response to the motion is due 6/6 noon; no reply. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 6/5/2023) (Entered: 06/05/2023) (0) |
| Jun 2, 2023 | 109 | Discovery Letter Brief filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Zobel, Danielle) (Filed on 6/2/2023) (Entered: 06/02/2023) (3) |
| May 24, 2023 | 107 | Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Pre-settlement telephonic conference held on 5/22/2023. Settlement Conference set for 8/14/2023 10:00 AM in Oakland, - Videoconference Only. Confidential settlement conference statements are due on 8/4/2023. The parties are directed to review and comply with the Court's Settlement Conference Standing Order, available at: https://www.cand.uscourts.gov/judges/westmore-kandis-a-kaw/ Total Time in Court: 38 minutes. Not Reported. (wft, COURT STAFF) (Date Filed: 5/24/2023) (Entered: 05/24/2023) (1) |
| May 24, 2023 | 108 | STIPULATED PROTECTIVE ORDER. Signed by Judge Nathanael M. Cousins on 5/24/2023. (lmh, COURT STAFF) (Filed on 5/24/2023) (Entered: 05/24/2023) (18) |
| May 17, 2023 | 106 | STIPULATION WITH PROPOSED ORDER for Protective Order filed by Atieva Inc. (Zobel, Danielle) (Filed on 5/17/2023) (Entered: 05/17/2023) (18) |
| May 2, 2023 | 105 | CLERK'S NOTICE SETTING TELEPHONE CONFERENCE. Please note that you must be logged into an ECF account of counsel of record in order to view this document. Telephone Conference set for 5/22/2023 01:00 PM in Oakland, - Telephonic Only before Magistrate Judge Kandis A. Westmore. (wft, COURT STAFF) (Filed on 5/2/2023) (Entered: 05/02/2023) (0) |
| May 1, 2023 | 102 | STATUS REPORT Joint Report Regarding Global Settlement Conference by Atieva Inc. (Zobel, Danielle) (Filed on 5/1/2023) (Entered: 05/01/2023) (4) |
| May 1, 2023 | 103 | ORDER REFERRING CASE to Magistrate Judge Kandis A. Westmore for a global settlement conference with 4:23-cv-0092 DMR, recommended to be completed by 9/20/2023. The parties shall contact Judge Westmore's courtroom deputy to schedule the conference. Signed by Judge Nathanael M. Cousins on 5/1/2023. (lmh, COURT STAFF) (Filed on 5/1/2023) (Entered: 05/01/2023) (1) |
| May 1, 2023 | 104 | CLERK'S NOTICE VACATING the Case Management Conference set for 5/3/2023, at 10:00 AM. The schedule remains as previously set. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 5/1/2023) (Entered: 05/01/2023) (0) |
| Apr 27, 2023 | 101 | CLERK'S NOTICE Re: Settlement Referral. The parties are ordered to confer and jointly report by 5/1/2023, whether they wish to be referred for a global settlement conference with Magistrate Judge Westmore, joined with Sieler v. Lucid, Case No. 23-cv-0092 DMR. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 4/27/2023) (Entered: 04/27/2023) (0) |
| Apr 26, 2023 | 100 | JOINT CASE MANAGEMENT STATEMENT filed by Atieva Inc. (Zobel, Danielle) (Filed on 4/26/2023) (Entered: 04/26/2023) (7) |
| Apr 7, 2023 | 99 | ORDER of USCA as to 83 Notice of Appeal to the Ninth Circuit, filed by Marcel Sieler (cv, COURT STAFF) (Filed on 4/7/2023) (Entered: 04/07/2023) (1) |
| Apr 3, 2023 | 98 | PRETRIAL PREPARATION ORDER. Signed by Judge Nathanael M. Cousins on 4/3/2023. (lmh, COURT STAFF) (Filed on 4/3/2023) (Entered: 04/03/2023) (5) |
| Feb 28, 2023 | 97 | Certification of ADR Session by Mediator Neil A. Smith: I hereby certify that the parties in this matter held a Mediation session on February 28, 2023. The case did not settle. Further facilitated discussions are not expected. Mediation is complete. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af, COURT STAFF) (Filed on 2/28/2023) (Entered: 02/28/2023) (0) |
| Feb 7, 2023 | 95 | CLERK'S NOTICE RESETTING Further Case Management Conference to 5/3/2023, at 10:00 AM by telephone. Updated Case Management Statement due by 4/26/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 2/7/2023) (Entered: 02/07/2023) (0) |
| Feb 7, 2023 | 96 | RESPONSE re 94 Order on Administrative Motion per Civil Local Rule 7-11, Order on Administrative Motion to File Under Seal by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Zobel, Danielle) (Filed on 2/7/2023) (Entered: 02/07/2023) (30) |
| Feb 3, 2023 | 94 | ORDER Granting in Part and Denying in Part Defendants' Motions to Seal. Re: ECF 84 , 85 . Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 2/3/2023) (Entered: 02/03/2023) (5) |
| Feb 2, 2023 | 93 | ANSWER TO COUNTERCLAIM 87 Answer to Amended Complaint, Counterclaim byMarcel Sieler. (Chen, Quynh) (Filed on 2/2/2023) (Entered: 02/02/2023) (5) |
| Feb 1, 2023 | 92 | Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Status Hearing held on 2/1/2023 via Zoom. Plaintiff's Motion for Entry of Judgment under Rule 54(b), ECF 90 , denied for the reasons stated; 2/15 hearing is vacated. Case schedule remains as previously set. The next case management conference is 5/2/2023, 10:00 AM by telephone, with joint update due 4/26/23. Update must address the status of ADR. Plaintiff's Attorney: Quynh M. Chen. Defendant's Attorneys: Jason Geller, Danielle Zobel. Zoom recording 1:02pm - 1:21pm. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 2/1/2023) (Entered: 02/01/2023) (0) |
| Jan 31, 2023 | 91 | RESPONSE re 86 Order to Show Cause,,,,, Util - Teleconference Zoom,,,, by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Zobel, Danielle) (Filed on 1/31/2023) (Entered: 01/31/2023) (1) |
| Jan 26, 2023 | 89 | RESPONSE re 86 Order to Show Cause,,,,, Util - Teleconference Zoom,,,, by Marcel Sieler. (Chen, Quynh) (Filed on 1/26/2023) (Entered: 01/26/2023) (7) |
| Jan 26, 2023 | 90 | MOTION for Entry of Judgment under Rule 54(b) filed by Marcel Sieler. Motion Hearing set for 2/15/2023 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 2/8/2023. Replies due by 2/10/2023. (Attachments: # 1 Proposed Order)(Chen, Quynh) (Filed on 1/26/2023) (Entered: 01/26/2023) (0) |
| Jan 17, 2023 | 88 | OPPOSITION/RESPONSE (re 84 ADMINISTRATIVE MOTION TO SEAL PORTIONS OF EXHIBIT 1 TO PLAINTIFFS THIRD AMENDED COMPLAINT ) filed byMarcel Sieler. (Chen, Quynh) (Filed on 1/17/2023) (Entered: 01/17/2023) (5) |
| Jan 13, 2023 | 86 | ORDER Setting Status Conference and Requesting More Information from Plaintiff. Sieler's response in writing due by 1/26/2023. Defendants may at their option respond by 1/31/2023. The Court sets a status hearing for 2/1/2023, at 01:00 PM. This proceeding will be held via a Zoom webinar. Signed by Judge Nathanael M. Cousins on 1/13/2023. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/nc General Order 58. 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.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (lmh, COURT STAFF) (Filed on 1/13/2023) (Entered: 01/13/2023) (2) |
| Jan 13, 2023 | 87 | Answer to Amended Complaint , COUNTERCLAIM against Marcel Sieler byAtieva Inc. (Zobel, Danielle) (Filed on 1/13/2023) (Entered: 01/13/2023) (29) |
| Jan 12, 2023 | 83 | NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Marcel Sieler. Appeal of Order on Motion to Dismiss,, Order on Motion to Strike, 78 (Appeal fee of $505 receipt number ACANDC-17895021 paid.) (Chen, Quynh) (Filed on 1/12/2023) (Entered: 01/12/2023) (3) |
| Jan 12, 2023 | 84 | ADMINISTRATIVE MOTION TO SEAL PORTIONS OF EXHIBIT 1 TO PLAINTIFFS THIRD AMENDED COMPLAINT filed by Atieva Inc. Responses due by 1/17/2023. (Attachments: # 1 Declaration of Danielle Zobel, # 2 Proposed Order)(Zobel, Danielle) (Filed on 1/12/2023) (Entered: 01/12/2023) (0) |
| Jan 12, 2023 | 85 | Administrative Motion to File Under Seal filed by Atieva Inc. (Attachments: # 1 Declaration of Danielle Zobel, # 2 Proposed Order)(Zobel, Danielle) (Filed on 1/12/2023) (Entered: 01/12/2023) (0) |
| Jan 5, 2023 | 82 | ORDER DENYING Defendants' Motion to Seal. Re: ECF 72 . Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 1/5/2023) (Entered: 01/05/2023) (4) |
| Dec 31, 2022 | 81 | Order granting 80 Stipulated Motion for Extension of Time to Answer to Jan. 13, 2023, entered by Magistrate Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 12/31/2022) (0) |
| Dec 29, 2022 | 80 | Joint MOTION for Extension of Time to File Answer re 63 Amended Complaint filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Foley, Jeremiah) (Filed on 12/29/2022) (Entered: 12/29/2022) (3) |
| Dec 16, 2022 | 78 | ORDER GRANTING Defendant's Motion to Dismiss Plaintiff's Third Amended Complaint; DENYING Defendant's Anti-Slapp Motion to Strike. Re: ECF 64 , 65 . Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 12/16/2022) (Entered: 12/16/2022) (13) |
| Dec 16, 2022 | 79 | CLERK'S NOTICE CONTINUING Case Management Conference set for 12/21/2022, to 5/2/2023, at 10:00 AM by telephone. Joint update due 4/26/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 12/16/2022) (Entered: 12/16/2022) (0) |
| Dec 14, 2022 | 77 | JOINT CASE MANAGEMENT STATEMENT filed by Atieva Inc. (Zobel, Danielle) (Filed on 12/14/2022) (Entered: 12/14/2022) (10) |
| Nov 17, 2022 | 75 | ORDER GRANTING 74 Joint Stipulation to Continue Mediation Deadline. Mediation to be completed by 2/28/2023. Signed by Judge Nathanael M. Cousins on 11/17/2022. (lmh, COURT STAFF) (Filed on 11/17/2022) (Entered: 11/17/2022) (2) |
| Nov 17, 2022 | 76 | CLERK'S NOTICE CONTINUING Case Management Conference set for 11/30/2022, to 12/21/2022, at 10:00 AM by telephone. Joint case management statement due by 12/14/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 11/17/2022) (Entered: 11/17/2022) (0) |
| Nov 16, 2022 | 74 | STIPULATION WITH PROPOSED ORDER TO CONTINUE MEDIATION COMPLETION DATE filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Attachments: # 1 Proposed Order)(Zobel, Danielle) (Filed on 11/16/2022) (Entered: 11/16/2022) (Main Document) (3) |
| Nov 16, 2022 | 74 | STIPULATION WITH PROPOSED ORDER TO CONTINUE MEDIATION COMPLETION DATE filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Attachments: # 1 Proposed Order)(Zobel, Danielle) (Filed on 11/16/2022) (Entered: 11/16/2022) (Proposed Order) (2) |
| Oct 25, 2022 | 73 | CLERK'S NOTICE CONTINUING Case Management Conference set for 11/9/2022 to 11/30/2022, at 10:00 AM by telephone. Case management statement due 11/23/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/25/2022) (Entered: 10/25/2022) (0) |
| Oct 21, 2022 | 72 | Administrative Motion to File Under Seal filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Unredacted Exhibit A, # 4 Unredacted Exhibit B, # 5 Unredacted Exhibit C)(Zobel, Danielle) (Filed on 10/21/2022) (Entered: 10/21/2022) (Main Document) (5) |
| Oct 21, 2022 | 72 | Administrative Motion to File Under Seal filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Unredacted Exhibit A, # 4 Unredacted Exhibit B, # 5 Unredacted Exhibit C)(Zobel, Danielle) (Filed on 10/21/2022) (Entered: 10/21/2022) (Declaration) (4) |
| Oct 21, 2022 | 72 | Administrative Motion to File Under Seal filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Unredacted Exhibit A, # 4 Unredacted Exhibit B, # 5 Unredacted Exhibit C)(Zobel, Danielle) (Filed on 10/21/2022) (Entered: 10/21/2022) (Proposed Order) (3) |
| Oct 18, 2022 | 71 | ORDER DIRECTING Defendants to Comply with Civil Local Rule 79-5. Re: ECF 64 , 65 . Defendants must either re-file the briefs without the redactions or file a properly supported motion to seal by 10/21/2022. Signed by Judge Nathanael M. Cousins on 10/18/2022. (lmh, COURT STAFF) (Filed on 10/18/2022) (Entered: 10/18/2022) (2) |
| Oct 7, 2022 | 70 | CLERK'S NOTICE VACATING HEARING set for 10/12/2022, at 01:00 PM re: 64 Motion to Dismiss Third Amended Complaint and 65 Motion to Strike. The Court finds the motion suitable for decision without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/7/2022) (Entered: 10/07/2022) (0) |
| Sep 23, 2022 | 68 | REPLY (re 65 MOTION to Strike 63 Amended Complaint ) filed byAtieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Krauthamer, Danielle) (Filed on 9/23/2022) (Entered: 09/23/2022) (16) |
| Sep 23, 2022 | 69 | REPLY (re 64 MOTION to Dismiss Third Amended Complaint ) filed byAtieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Krauthamer, Danielle) (Filed on 9/23/2022) (Entered: 09/23/2022) (17) |
| Sep 16, 2022 | 66 | OPPOSITION/RESPONSE (re 65 MOTION to Strike 63 Amended Complaint ) filed byMarcel Sieler. (Attachments: # 1 Declaration Of Quynh Chen)(Chen, Quynh) (Filed on 9/16/2022) (Entered: 09/16/2022) (Main Document) (8) |
| Sep 16, 2022 | 67 | OPPOSITION/RESPONSE (re 64 MOTION to Dismiss Third Amended Complaint ) filed byMarcel Sieler. (Chen, Quynh) (Filed on 9/16/2022) (Entered: 09/16/2022) (11) |
| Sep 16, 2022 | 66 | OPPOSITION/RESPONSE (re 65 MOTION to Strike 63 Amended Complaint ) filed byMarcel Sieler. (Attachments: # 1 Declaration Of Quynh Chen)(Chen, Quynh) (Filed on 9/16/2022) (Entered: 09/16/2022) (Declaration Of Quynh Chen) (2) |
| Sep 2, 2022 | 64 | MOTION to Dismiss Third Amended Complaint filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 10/12/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 9/16/2022. Replies due by 9/23/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Request for Judicial Notice, # 3 Proposed Order)(Krauthamer, Danielle) (Filed on 9/2/2022) (Entered: 09/02/2022) (Main Document) (30) |
| Sep 2, 2022 | 65 | MOTION to Strike 63 Amended Complaint filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 10/12/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 9/16/2022. Replies due by 9/23/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Declaration of Lisa Lara, # 3 Proposed Order)(Krauthamer, Danielle) (Filed on 9/2/2022) (Entered: 09/02/2022) (Main Document) (30) |
| Sep 2, 2022 | 64 | MOTION to Dismiss Third Amended Complaint filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 10/12/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 9/16/2022. Replies due by 9/23/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Request for Judicial Notice, # 3 Proposed Order)(Krauthamer, Danielle) (Filed on 9/2/2022) (Entered: 09/02/2022) (Declaration of Danielle S. Krauthamer) (30) |
| Sep 2, 2022 | 64 | MOTION to Dismiss Third Amended Complaint filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 10/12/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 9/16/2022. Replies due by 9/23/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Request for Judicial Notice, # 3 Proposed Order)(Krauthamer, Danielle) (Filed on 9/2/2022) (Entered: 09/02/2022) (Request for Judicial Notice) (30) |
| Sep 2, 2022 | 64 | MOTION to Dismiss Third Amended Complaint filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 10/12/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 9/16/2022. Replies due by 9/23/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Request for Judicial Notice, # 3 Proposed Order)(Krauthamer, Danielle) (Filed on 9/2/2022) (Entered: 09/02/2022) (Proposed Order) (3) |
| Sep 2, 2022 | 65 | MOTION to Strike 63 Amended Complaint filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 10/12/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 9/16/2022. Replies due by 9/23/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Declaration of Lisa Lara, # 3 Proposed Order)(Krauthamer, Danielle) (Filed on 9/2/2022) (Entered: 09/02/2022) (Declaration of Danielle S. Krauthamer) (30) |
| Sep 2, 2022 | 65 | MOTION to Strike 63 Amended Complaint filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 10/12/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 9/16/2022. Replies due by 9/23/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Declaration of Lisa Lara, # 3 Proposed Order)(Krauthamer, Danielle) (Filed on 9/2/2022) (Entered: 09/02/2022) (Declaration of Lisa Lara) (30) |
| Sep 2, 2022 | 65 | MOTION to Strike 63 Amended Complaint filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 10/12/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 9/16/2022. Replies due by 9/23/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Declaration of Lisa Lara, # 3 Proposed Order)(Krauthamer, Danielle) (Filed on 9/2/2022) (Entered: 09/02/2022) (Proposed Order) (3) |
| Aug 19, 2022 | 63 | THIRD AMENDED COMPLAINT against All Defendants. Filed byMarcel Sieler. (Attachments: # 1 Exhibit Settlement Agreement, # 2 Exhibit Patent '763)(Chen, Quynh) (Filed on 8/19/2022) Modified on 8/22/2022 (cv, COURT STAFF). (Entered: 08/19/2022) (Main Document) (17) |
| Aug 19, 2022 | 63 | THIRD AMENDED COMPLAINT against All Defendants. Filed byMarcel Sieler. (Attachments: # 1 Exhibit Settlement Agreement, # 2 Exhibit Patent '763)(Chen, Quynh) (Filed on 8/19/2022) Modified on 8/22/2022 (cv, COURT STAFF). (Entered: 08/19/2022) (Exhibit Settlement Agreement) (15) |
| Aug 19, 2022 | 63 | THIRD AMENDED COMPLAINT against All Defendants. Filed byMarcel Sieler. (Attachments: # 1 Exhibit Settlement Agreement, # 2 Exhibit Patent '763)(Chen, Quynh) (Filed on 8/19/2022) Modified on 8/22/2022 (cv, COURT STAFF). (Entered: 08/19/2022) (Exhibit Patent '763) (15) |
| Aug 3, 2022 | 62 | Order granting 61 Stipulation extending mediation deadline to 11/30/2022 entered by Magistrate Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 08/03/2022) (0) |
| Aug 2, 2022 | 61 | STIPULATION WITH PROPOSED ORDER to Continue Mediation Completion Deadline filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Attachments: # 1 Proposed Order)(Krauthamer, Danielle) (Filed on 8/2/2022) (Entered: 08/02/2022) (Main Document) (3) |
| Aug 2, 2022 | 61 | STIPULATION WITH PROPOSED ORDER to Continue Mediation Completion Deadline filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Attachments: # 1 Proposed Order)(Krauthamer, Danielle) (Filed on 8/2/2022) (Entered: 08/02/2022) (Proposed Order) (2) |
| Aug 1, 2022 | 60 | ORDER GRANTING Defendants' Motion to Dismiss; DENYING Defendants' Motion to Strike. Re: ECF 50 , 51 . Sieler may file an amended complaint by 8/19/2022. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 8/1/2022) (Entered: 08/01/2022) (14) |
| Jul 6, 2022 | 59 | Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Hearing re: Defendant's Motion to Strike, Dkt. 50, and Motion to Dismiss, Dkt. 51 held on 7/6/2022. Court takes motions under submission. Attorney for Plaintiff: Quynh M. Chen. Attorney for Defendants: Danielle Krauthamer. Zoom webinar recording: 1:03pm - 1:41pm. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 7/6/2022) (Entered: 07/06/2022) (0) |
| Jun 21, 2022 | 57 | REPLY (re 50 MOTION to Strike Pursuant to California Code of Civil Procedure Section 425.16 (Anti-SLAPP) ) filed byAtieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Krauthamer, Danielle) (Filed on 6/21/2022) (Entered: 06/21/2022) (9) |
| Jun 21, 2022 | 58 | REPLY (re 51 MOTION to Dismiss Pursuant to Fed. R. Civ. Proc. Rule 12(B)(6) ) filed byAtieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Krauthamer, Danielle) (Filed on 6/21/2022) (Entered: 06/21/2022) (19) |
| Jun 14, 2022 | 56 | OPPOSITION/RESPONSE (re 50 MOTION to Strike Pursuant to California Code of Civil Procedure Section 425.16 (Anti-SLAPP) ) filed byMarcel Sieler. (Chen, Quynh) (Filed on 6/14/2022) (Entered: 06/14/2022) (6) |
| Jun 13, 2022 | 55 | OPPOSITION/RESPONSE (re 51 MOTION to Dismiss Pursuant to Fed. R. Civ. Proc. Rule 12(B)(6) ) filed byMarcel Sieler. (Attachments: # 1 Certificate/Proof of Service)(Chen, Quynh) (Filed on 6/13/2022) (Entered: 06/13/2022) (Main Document) (10) |
| Jun 13, 2022 | 55 | OPPOSITION/RESPONSE (re 51 MOTION to Dismiss Pursuant to Fed. R. Civ. Proc. Rule 12(B)(6) ) filed byMarcel Sieler. (Attachments: # 1 Certificate/Proof of Service)(Chen, Quynh) (Filed on 6/13/2022) (Entered: 06/13/2022) (Certificate/Proof of Service) (1) |
| Jun 10, 2022 | 54 | ADR Clerk's Notice Appointing Neil A. Smith as Mediator. (af, COURT STAFF) (Filed on 6/10/2022) (Entered: 06/10/2022) (2) |
| Jun 2, 2022 | 53 | CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for 6/8/2022 is vacated. Case referred to mediation, which is to be completed by 8/31/2022. Further Case Management Conference set for 11/9/2022, at 10:00 AM. Joint case management statement due 11/2/2022. Pretrial Conference set for 10/11/2023, at 02:00 PM. Jury Trial will be held on 10/23/2023, at 09:00 AM in San Jose, Courtroom 5, 4th Floor. Signed by Judge Nathanael M. Cousins on 6/2/2022. (lmh, COURT STAFF) (Filed on 6/2/2022) (Entered: 06/02/2022) (2) |
| Jun 1, 2022 | 52 | JOINT CASE MANAGEMENT STATEMENT / RULE 26(F) REPORT filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Krauthamer, Danielle) (Filed on 6/1/2022) (Entered: 06/01/2022) (9) |
| May 31, 2022 | 50 | MOTION to Strike Pursuant to California Code of Civil Procedure Section 425.16 (Anti-SLAPP) filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 7/6/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 6/14/2022. Replies due by 6/21/2022. (Attachments: # 1 Declaration of Lisa Lara, # 2 Declaration of Danielle S. Krauthamer, # 3 Proposed Order)(Krauthamer, Danielle) (Filed on 5/31/2022) (Entered: 05/31/2022) (Main Document) (30) |
| May 31, 2022 | 51 | MOTION to Dismiss Pursuant to Fed. R. Civ. Proc. Rule 12(B)(6) filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 7/6/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 6/14/2022. Replies due by 6/21/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Request for Judicial Notice, # 3 Proposed Order)(Krauthamer, Danielle) (Filed on 5/31/2022) (Entered: 05/31/2022) (Main Document) (30) |
| May 31, 2022 | 51 | MOTION to Dismiss Pursuant to Fed. R. Civ. Proc. Rule 12(B)(6) filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 7/6/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 6/14/2022. Replies due by 6/21/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Request for Judicial Notice, # 3 Proposed Order)(Krauthamer, Danielle) (Filed on 5/31/2022) (Entered: 05/31/2022) (Declaration of Danielle S. Krauthamer) (30) |
| May 31, 2022 | 51 | MOTION to Dismiss Pursuant to Fed. R. Civ. Proc. Rule 12(B)(6) filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 7/6/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 6/14/2022. Replies due by 6/21/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Request for Judicial Notice, # 3 Proposed Order)(Krauthamer, Danielle) (Filed on 5/31/2022) (Entered: 05/31/2022) (Request for Judicial Notice) (30) |
| May 31, 2022 | 51 | MOTION to Dismiss Pursuant to Fed. R. Civ. Proc. Rule 12(B)(6) filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 7/6/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 6/14/2022. Replies due by 6/21/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Request for Judicial Notice, # 3 Proposed Order)(Krauthamer, Danielle) (Filed on 5/31/2022) (Entered: 05/31/2022) (Proposed Order) (3) |
| May 31, 2022 | 50 | MOTION to Strike Pursuant to California Code of Civil Procedure Section 425.16 (Anti-SLAPP) filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 7/6/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 6/14/2022. Replies due by 6/21/2022. (Attachments: # 1 Declaration of Lisa Lara, # 2 Declaration of Danielle S. Krauthamer, # 3 Proposed Order)(Krauthamer, Danielle) (Filed on 5/31/2022) (Entered: 05/31/2022) (Declaration of Lisa Lara) (30) |
| May 31, 2022 | 50 | MOTION to Strike Pursuant to California Code of Civil Procedure Section 425.16 (Anti-SLAPP) filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 7/6/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 6/14/2022. Replies due by 6/21/2022. (Attachments: # 1 Declaration of Lisa Lara, # 2 Declaration of Danielle S. Krauthamer, # 3 Proposed Order)(Krauthamer, Danielle) (Filed on 5/31/2022) (Entered: 05/31/2022) (Declaration of Danielle S. Krauthamer) (30) |
| May 31, 2022 | 50 | MOTION to Strike Pursuant to California Code of Civil Procedure Section 425.16 (Anti-SLAPP) filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 7/6/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 6/14/2022. Replies due by 6/21/2022. (Attachments: # 1 Declaration of Lisa Lara, # 2 Declaration of Danielle S. Krauthamer, # 3 Proposed Order)(Krauthamer, Danielle) (Filed on 5/31/2022) (Entered: 05/31/2022) (Proposed Order) (3) |
| May 17, 2022 | 49 | ORDER GRANTING Plaintiff Leave to File Second Amended Complaint. Re: ECF 43 , 44 . Plaintiff's SAC, at ECF 41 , is now the operative complaint. In light of this ruling, Defendants' motions to dismiss and strike, at ECF 35 and ECF 36 , are denied without prejudice. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 5/17/2022) (Entered: 05/17/2022) (4) |
| May 13, 2022 | 48 | REPLY (re 44 First MOTION for Leave to File SECOND AMENDED COMPLAINT ) filed byMarcel Sieler. (Chen, Quynh) (Filed on 5/13/2022) (Entered: 05/13/2022) (7) |
| May 11, 2022 | 47 | OPPOSITION/RESPONSE (re 44 First MOTION for Leave to File SECOND AMENDED COMPLAINT ) filed byAtieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Attachments: # 1 Declaration of Danielle Krauthamer)(Krauthamer, Danielle) (Filed on 5/11/2022) (Entered: 05/11/2022) (Main Document) (18) |
| May 11, 2022 | 47 | OPPOSITION/RESPONSE (re 44 First MOTION for Leave to File SECOND AMENDED COMPLAINT ) filed byAtieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Attachments: # 1 Declaration of Danielle Krauthamer)(Krauthamer, Danielle) (Filed on 5/11/2022) (Entered: 05/11/2022) (Declaration of Danielle Krauthamer) (30) |
| May 6, 2022 | 45 | CLERK'S NOTICE RE: 44 First Motion for Leave to File Second Amended Complaint. Defendant to respond by 5/11/2022. Plaintiff's reply due 5/13, not to exceed 2 pages. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 5/6/2022) (Entered: 05/06/2022) (0) |
| May 6, 2022 | 46 | EXHIBITS re 44 First MOTION for Leave to File SECOND AMENDED COMPLAINT Exhibit A filed byMarcel Sieler. (Related document(s) 44 ) (Chen, Quynh) (Filed on 5/6/2022) (Entered: 05/06/2022) (20) |
| May 5, 2022 | 43 | NOTICE by Marcel Sieler CLARIFYING BASIS FOR SECOND AMENDED COMPLAINT (Chen, Quynh) (Filed on 5/5/2022) (Entered: 05/05/2022) (5) |
| May 5, 2022 | 44 | First MOTION for Leave to File SECOND AMENDED COMPLAINT filed by Marcel Sieler. (Attachments: # 1 Proposed Order)(Chen, Quynh) (Filed on 5/5/2022) (Entered: 05/05/2022) (Main Document) (6) |
| May 5, 2022 | 44 | First MOTION for Leave to File SECOND AMENDED COMPLAINT filed by Marcel Sieler. (Attachments: # 1 Proposed Order)(Chen, Quynh) (Filed on 5/5/2022) (Entered: 05/05/2022) (Proposed Order) (2) |
| May 2, 2022 | 40 | REPLY (re 36 MOTION to Dismiss PURSUANT TO FED. R. CIV. PROC. RULE 12(B)(6), 35 MOTION to Strike 31 Amended Complaint ) filed byAtieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Krauthamer, Danielle) (Filed on 5/2/2022) (Entered: 05/02/2022) (3) |
| May 2, 2022 | 41 | AMENDED COMPLAINT against All Defendants. Filed byMarcel Sieler. (Chen, Quynh) (Filed on 5/2/2022) (Entered: 05/02/2022) (20) |
| May 2, 2022 | 42 | ORDER RE: Second Amended Complaint. Re: ECF 41 . Sieler is ORDERED to file a notice clarifying the basis for the amendment by 5/6/2022. Signed by Judge Nathanael M. Cousins on 5/2/2022. (lmh, COURT STAFF) (Filed on 5/2/2022) (Entered: 05/02/2022) (1) |
| Apr 18, 2022 | 39 | CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein.. (Krauthamer, Danielle) (Filed on 4/18/2022) (Entered: 04/18/2022) (1) |
| Apr 11, 2022 | 35 | MOTION to Strike 31 Amended Complaint filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 5/18/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 4/25/2022. Replies due by 5/2/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Declaration of Lisa Lara, # 3 Proposed Order)(Krauthamer, Danielle) (Filed on 4/11/2022) (Entered: 04/11/2022) (Main Document) (30) |
| Apr 11, 2022 | 36 | MOTION to Dismiss PURSUANT TO FED. R. CIV. PROC. RULE 12(B)(6) filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 5/18/2022 01:00 PM in San Jose, Courtroom 4, 5th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 4/25/2022. Replies due by 5/2/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Proposed Order)(Krauthamer, Danielle) (Filed on 4/11/2022) (Entered: 04/11/2022) (Main Document) (30) |
| Apr 11, 2022 | 37 | Request for Judicial Notice re 31 Amended Complaint filed byAtieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Related document(s) 31 ) (Krauthamer, Danielle) (Filed on 4/11/2022) (Entered: 04/11/2022) (30) |
| Apr 11, 2022 | 38 | CLERK'S NOTICE RE: Consent or Declination. Defendants Eric Magnus Bach, Hans-Christoph Eckstein, and Wiebke Eckstein are requested to file their consent or declination to proceed before a magistrate judge by 4/18/2022. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 4/11/2022) (Entered: 04/11/2022) (0) |
| Apr 11, 2022 | 36 | MOTION to Dismiss PURSUANT TO FED. R. CIV. PROC. RULE 12(B)(6) filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 5/18/2022 01:00 PM in San Jose, Courtroom 4, 5th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 4/25/2022. Replies due by 5/2/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Proposed Order)(Krauthamer, Danielle) (Filed on 4/11/2022) (Entered: 04/11/2022) (Declaration of Danielle S. Krauthamer) (30) |
| Apr 11, 2022 | 36 | MOTION to Dismiss PURSUANT TO FED. R. CIV. PROC. RULE 12(B)(6) filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 5/18/2022 01:00 PM in San Jose, Courtroom 4, 5th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 4/25/2022. Replies due by 5/2/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Proposed Order)(Krauthamer, Danielle) (Filed on 4/11/2022) (Entered: 04/11/2022) (Proposed Order) (4) |
| Apr 11, 2022 | 35 | MOTION to Strike 31 Amended Complaint filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 5/18/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 4/25/2022. Replies due by 5/2/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Declaration of Lisa Lara, # 3 Proposed Order)(Krauthamer, Danielle) (Filed on 4/11/2022) (Entered: 04/11/2022) (Declaration of Danielle S. Krauthamer) (30) |
| Apr 11, 2022 | 35 | MOTION to Strike 31 Amended Complaint filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 5/18/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 4/25/2022. Replies due by 5/2/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Declaration of Lisa Lara, # 3 Proposed Order)(Krauthamer, Danielle) (Filed on 4/11/2022) (Entered: 04/11/2022) (Declaration of Lisa Lara) (30) |
| Apr 11, 2022 | 35 | MOTION to Strike 31 Amended Complaint filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 5/18/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 4/25/2022. Replies due by 5/2/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Declaration of Lisa Lara, # 3 Proposed Order)(Krauthamer, Danielle) (Filed on 4/11/2022) (Entered: 04/11/2022) (Proposed Order) (4) |
| Mar 29, 2022 | 32 | Order denying 18 Motion to Dismiss without prejudice, due to filing of Amended Complaint [Dkt. No. 31] entered by Magistrate Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 03/29/2022) (0) |
| Mar 29, 2022 | 33 | Order denying 17 Motion to Strike without prejudice, due to filing of Amended Complaint [Dkt. No. 31], entered by Magistrate Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 03/29/2022) (0) |
| Mar 29, 2022 | 34 | CLERK'S NOTICE CONTINUING Initial Case Management Conference set for 4/13/2022 to 6/8/2022, at 10:00 AM by telephone. Case Management Statement due by 6/1/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 3/29/2022) (Entered: 03/29/2022) (0) |
| Mar 28, 2022 | 30 | Statement of Non-Opposition TO 18 MOTION AND REPLY BRIEF IN SUPPORT ITS 18 MOTION TO DISMISS COMPLAINT PURSUANT TO FRCP 12(b)(6) AND ANTI-SLAPP 17 MOTION TO STRIKE PLAINTIFFS COMPLAINT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE § 425.16 filed by Atieva Inc. (Krauthamer, Danielle) (Filed on 3/28/2022) Modified on 3/28/2022 (cv, COURT STAFF). Modified on 3/28/2022 (cv, COURT STAFF). (Entered: 03/28/2022) (2) |
| Mar 28, 2022 | 31 | AMENDED COMPLAINT against All Defendants. Filed byMarcel Sieler. (Chen, Quynh) (Filed on 3/28/2022) (Entered: 03/28/2022) (19) |
| Mar 27, 2022 | 29 | ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Chen, Quynh) (Filed on 3/27/2022) (Entered: 03/27/2022) (1) |
| Mar 21, 2022 | 28 | NOTICE of Appearance by Jason Alex Geller (Geller, Jason) (Filed on 3/21/2022) Modified on 3/21/2022 adding the correct party filer information and removing atty Geller as counsel for plaintiff(dhm, COURT STAFF). (Entered: 03/21/2022) (2) |
| Mar 16, 2022 | 27 | ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Krauthamer, Danielle) (Filed on 3/16/2022) (Entered: 03/16/2022) (1) |
| Mar 14, 2022 | 26 | CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Atieva Inc.. (Krauthamer, Danielle) (Filed on 3/14/2022) (Entered: 03/14/2022) (1) |
| Mar 9, 2022 | 22 | ORDER GRANTING 13 Application for Admission of Attorney Jeremiah J. Foley Pro Hac Vice representing Atieva, Inc. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 3/9/2022) (Entered: 03/09/2022) (3) |
| Mar 9, 2022 | 23 | ORDER GRANTING 14 Application for Admission of Attorney Monte L. Falcoff Pro Hac Vice representing Atieva, Inc. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 3/9/2022) (Entered: 03/09/2022) (3) |
| Mar 9, 2022 | 24 | ORDER GRANTING 15 Application for Admission of Attorney Glenn E. Forbis Pro Hac Vice representing Atieva, Inc. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 3/9/2022) (Entered: 03/09/2022) (3) |
| Mar 9, 2022 | 25 | ORDER GRANTING 16 Defendant Atieva, Inc.'s Administrative Motion to File Under Seal Portions of its Anti-Slapp Motion to Strike Plaintiff's Complaint. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 3/9/2022) (Entered: 03/09/2022) (2) |
| Mar 8, 2022 | 20 | CLERK'S NOTICE RE: Consent or Declination. Defendant is requested to file a consent or declination to proceed before a magistrate judge by 3/15/2022. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 3/8/2022) (Entered: 03/08/2022) (0) |
| Mar 8, 2022 | 21 | CERTIFICATE OF SERVICE by Atieva Inc re 16 Administrative Motion to File Under Seal (Krauthamer, Danielle) (Filed on 3/8/2022) (Entered: 03/08/2022) (2) |
| Mar 7, 2022 | 16 | Administrative Motion to File Under Seal filed by Atieva Inc. (Attachments: # 1 Declaration of Danielle S. Krauthamer - Redacted, # 2 Declaration of Danielle S. Krauthamer - unreacted, # 3 Proposed Order GRANTING DEFENDANT ATIEVA, INC.S ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF ITS ANTI-SLAPP MOTION TO STRIKE PLAINTIFFS COMPLAINT)(Krauthamer, Danielle) (Filed on 3/7/2022) (Entered: 03/07/2022) (Main Document) (4) |
| Mar 7, 2022 | 17 | MOTION to Strike 16 Administrative Motion to File Under Seal filed by Atieva Inc. Motion Hearing set for 4/13/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 3/21/2022. Replies due by 3/28/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Declaration of Lisa Lara, # 3 Proposed Order ORDER GRANTING DEFENDANT ATIEVA, INC.S ANTI-SLAPP MOTION TO STRIKE PLAINTIFFS COMPLAINT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 425.16)(Krauthamer, Danielle) (Filed on 3/7/2022) (Entered: 03/07/2022) (Main Document) (30) |
| Mar 7, 2022 | 18 | MOTION to Dismiss filed by Atieva Inc. Motion Hearing set for 4/13/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 3/21/2022. Replies due by 3/28/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Request for Judicial Notice, # 3 Proposed Order ORDER GRANTING DEFENDANT ATIEVA, INC.S MOTION TO DISMISS PURSUANT TO FED. R. CIV. PROC. RULE 12(B)(6))(Krauthamer, Danielle) (Filed on 3/7/2022) (Entered: 03/07/2022) (Main Document) (29) |
| Mar 7, 2022 | 19 | Certificate of Interested Entities by Atieva Inc identifying Corporate Parent LUCID USA, INC. for Atieva Inc. (Krauthamer, Danielle) (Filed on 3/7/2022) (Entered: 03/07/2022) (2) |
| Mar 7, 2022 | 18 | MOTION to Dismiss filed by Atieva Inc. Motion Hearing set for 4/13/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 3/21/2022. Replies due by 3/28/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Request for Judicial Notice, # 3 Proposed Order ORDER GRANTING DEFENDANT ATIEVA, INC.S MOTION TO DISMISS PURSUANT TO FED. R. CIV. PROC. RULE 12(B)(6))(Krauthamer, Danielle) (Filed on 3/7/2022) (Entered: 03/07/2022) (Declaration of Danielle S. Krauthamer) (30) |
| Mar 7, 2022 | 18 | MOTION to Dismiss filed by Atieva Inc. Motion Hearing set for 4/13/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 3/21/2022. Replies due by 3/28/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Request for Judicial Notice, # 3 Proposed Order ORDER GRANTING DEFENDANT ATIEVA, INC.S MOTION TO DISMISS PURSUANT TO FED. R. CIV. PROC. RULE 12(B)(6))(Krauthamer, Danielle) (Filed on 3/7/2022) (Entered: 03/07/2022) (Request for Judicial Notice) (30) |
| Mar 7, 2022 | 18 | MOTION to Dismiss filed by Atieva Inc. Motion Hearing set for 4/13/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 3/21/2022. Replies due by 3/28/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Request for Judicial Notice, # 3 Proposed Order ORDER GRANTING DEFENDANT ATIEVA, INC.S MOTION TO DISMISS PURSUANT TO FED. R. CIV. PROC. RULE 12(B)(6))(Krauthamer, Danielle) (Filed on 3/7/2022) (Entered: 03/07/2022) (Proposed Order ORDER GRANTING DEFENDANT ATIEVA, INC.S MOTION TO DISMISS PURSUANT) (3) |
| Mar 7, 2022 | 17 | MOTION to Strike 16 Administrative Motion to File Under Seal filed by Atieva Inc. Motion Hearing set for 4/13/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 3/21/2022. Replies due by 3/28/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Declaration of Lisa Lara, # 3 Proposed Order ORDER GRANTING DEFENDANT ATIEVA, INC.S ANTI-SLAPP MOTION TO STRIKE PLAINTIFFS COMPLAINT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 425.16)(Krauthamer, Danielle) (Filed on 3/7/2022) (Entered: 03/07/2022) (Declaration of Danielle S. Krauthamer) (30) |
| Mar 7, 2022 | 17 | MOTION to Strike 16 Administrative Motion to File Under Seal filed by Atieva Inc. Motion Hearing set for 4/13/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 3/21/2022. Replies due by 3/28/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Declaration of Lisa Lara, # 3 Proposed Order ORDER GRANTING DEFENDANT ATIEVA, INC.S ANTI-SLAPP MOTION TO STRIKE PLAINTIFFS COMPLAINT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 425.16)(Krauthamer, Danielle) (Filed on 3/7/2022) (Entered: 03/07/2022) (Declaration of Lisa Lara) (30) |
| Mar 7, 2022 | 17 | MOTION to Strike 16 Administrative Motion to File Under Seal filed by Atieva Inc. Motion Hearing set for 4/13/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 3/21/2022. Replies due by 3/28/2022. (Attachments: # 1 Declaration of Danielle S. Krauthamer, # 2 Declaration of Lisa Lara, # 3 Proposed Order ORDER GRANTING DEFENDANT ATIEVA, INC.S ANTI-SLAPP MOTION TO STRIKE PLAINTIFFS COMPLAINT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 425.16)(Krauthamer, Danielle) (Filed on 3/7/2022) (Entered: 03/07/2022) (Proposed Order ORDER GRANTING DEFENDANT ATIEVA, INC.S ANTI-SLAPP MOTION TO STRIK) (3) |
| Mar 7, 2022 | 16 | Administrative Motion to File Under Seal filed by Atieva Inc. (Attachments: # 1 Declaration of Danielle S. Krauthamer - Redacted, # 2 Declaration of Danielle S. Krauthamer - unreacted, # 3 Proposed Order GRANTING DEFENDANT ATIEVA, INC.S ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF ITS ANTI-SLAPP MOTION TO STRIKE PLAINTIFFS COMPLAINT)(Krauthamer, Danielle) (Filed on 3/7/2022) (Entered: 03/07/2022) (Declaration of Danielle S. Krauthamer - Redacted) (30) |
| Mar 7, 2022 | 16 | Administrative Motion to File Under Seal filed by Atieva Inc. (Attachments: # 1 Declaration of Danielle S. Krauthamer - Redacted, # 2 Declaration of Danielle S. Krauthamer - unreacted, # 3 Proposed Order GRANTING DEFENDANT ATIEVA, INC.S ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF ITS ANTI-SLAPP MOTION TO STRIKE PLAINTIFFS COMPLAINT)(Krauthamer, Danielle) (Filed on 3/7/2022) (Entered: 03/07/2022) (Proposed Order GRANTING DEFENDANT ATIEVA, INC.S ADMINISTRATIVE MOTION TO FILE UN) (2) |
| Mar 4, 2022 | 13 | MOTION for leave to appear in Pro Hac Vice for Jeremiah J. Foley ( Filing fee $ 317, receipt number ACANDC-16963330.) filed by Atieva Inc. (Krauthamer, Danielle) (Filed on 3/4/2022) (Entered: 03/04/2022) (3) |
| Mar 4, 2022 | 14 | MOTION for leave to appear in Pro Hac Vice for Monte L. Falcoff ( Filing fee $ 317, receipt number ACANDC-16963428.) filed by Atieva Inc. (Krauthamer, Danielle) (Filed on 3/4/2022) (Entered: 03/04/2022) (3) |
| Mar 4, 2022 | 15 | MOTION for leave to appear in Pro Hac Vice for Glenn E. Forbis ( Filing fee $ 317, receipt number ACANDC-16963441.) filed by Atieva Inc. (Krauthamer, Danielle) (Filed on 3/4/2022) (Entered: 03/04/2022) (3) |
| Feb 28, 2022 | 12 | CLERK'S NOTICE RE: Consent or Declination. Defendant is requested to file a consent or declination to proceed before a magistrate judge by 3/30/2022. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 2/28/2022) (Entered: 02/28/2022) (0) |
| Feb 27, 2022 | 11 | WAIVER OF SERVICE Returned Executed filed by Marcel Sieler. Service waived by Atieva Inc waiver sent on 1/6/2022, answer due 3/7/2022. (Chen, Quynh) (Filed on 2/27/2022) (Entered: 02/27/2022) (1) |
| Feb 1, 2022 | 10 | NOTICE by Marcel Sieler Notice of Unavailability of Counsel (Chen, Quynh) (Filed on 2/1/2022) (Entered: 02/01/2022) (3) |
| Jan 21, 2022 | 9 | CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Marcel Sieler.. (Chen, Quynh) (Filed on 1/21/2022) (Entered: 01/21/2022) (1) |
| Jan 6, 2022 | 6 | Initial Case Management Scheduling Order with ADR Deadlines (2) Docket Text: Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/30/2022. Initial Case Management Conference set for 4/6/2022 10:00 AM in San Jose, Courtroom 5, 4th Floor. (dhm, COURT STAFF) (Filed on 1/6/2022) 7 Filed & Entered: 01/06/2022 Summons Issued Docket Text: Summons Issued as to Atieva Inc. (dhm, COURT STAFF) (Filed on 1/6/2022) 8 Filed & Entered: 01/06/2022 Patent/Trademark Report Docket Text: REPORT on the filing or determination of an action regarding Patent (cc: form mailed to register). (dhm, COURT STAFF) (Filed on 1/6/2022) 9 Filed & Entered: 01/21/2022 Consent/Declination to Proceed Before a US Magistrate Judge Docket Text: CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Marcel Sieler.. (Chen, Quynh) (Filed on 1/21/2022) 10 Filed & Entered: 02/01/2022 Notice (Other) Docket Text: NOTICE by Marcel Sieler Notice of Unavailability of Counsel (Chen, Quynh) (Filed on 2/1/2022) 11 Filed & Entered: 02/27/2022 Waiver of Service Executed Docket Text: WAIVER OF SERVICE Returned Executed filed by Marcel Sieler. Service waived by Atieva Inc waiver sent on 1/6/2022, answer due 3/7/2022. (Chen, Quynh) (Filed on 2/27/2022) 12 Filed & Entered: 02/28/2022 Clerk's Notice re: Consent or Declination Docket Text: CLERK'S NOTICE RE: Consent or Declination. Defendant is requested to file a consent or declination to proceed before a magistrate judge by 3/30/2022. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 2/28/2022) 13 Filed & Entered: 03/04/2022Terminated: 03/09/2022 Motion for Pro Hac Vice Docket Text: MOTION for leave to appear in Pro Hac Vice for Jeremiah J. Foley ( Filing fee $ 317, receipt number ACANDC-16963330.) filed by Atieva Inc. (Krauthamer, Danielle) (Filed on 3/4/2022) 14 Filed & Entered: 03/04/2022Terminated: 03/09/2022 Motion for Pro Hac Vice Docket Text: MOTION for leave to appear in Pro Hac Vice for Monte L. Falcoff ( Filing fee $ 317, receipt number ACANDC-16963428.) filed by Atieva Inc. (Krauthamer, Danielle) (Filed on 3/4/2022) 15 Filed & Entered: 03/04/2022Terminated: 03/09/2022 Motion for Pro Hac Vice Docket Text: MOTION for leave to appear in Pro Hac Vice for Glenn E. Forbis ( Filing fee $ 317, receipt number ACANDC-16963441.) filed by Atieva Inc. (Krauthamer, Danielle) (Filed on 3/4/2022) 16 Filed & Entered: 03/07/2022Terminated: 03/09/2022 Administrative Motion to File Under Seal Docket Text: Administrative Motion to File Under Seal filed by Atieva Inc. (Attachments: # (1) Declaration of Danielle S. Krauthamer - Redacted, # (2) Declaration of Danielle S. Krauthamer - unreacted, # (3) Proposed Order GRANTING DEFENDANT ATIEVA, INC.S ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF ITS ANTI-SLAPP MOTION TO STRIKE PLAINTIFFS COMPLAINT)(Krauthamer, Danielle) (Filed on 3/7/2022) 17 Filed & Entered: 03/07/2022Terminated: 03/29/2022 Motion to Strike Docket Text: MOTION to Strike [16] Administrative Motion to File Under Seal filed by Atieva Inc. Motion Hearing set for 4/13/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 3/21/2022. Replies due by 3/28/2022. (Attachments: # (1) Declaration of Danielle S. Krauthamer, # (2) Declaration of Lisa Lara, # (3) Proposed Order ORDER GRANTING DEFENDANT ATIEVA, INC.S ANTI-SLAPP MOTION TO STRIKE PLAINTIFFS COMPLAINT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 425.16)(Krauthamer, Danielle) (Filed on 3/7/2022) 18 Filed & Entered: 03/07/2022Terminated: 03/29/2022 Motion to Dismiss Docket Text: MOTION to Dismiss filed by Atieva Inc. Motion Hearing set for 4/13/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 3/21/2022. Replies due by 3/28/2022. (Attachments: # (1) Declaration of Danielle S. Krauthamer, # (2) Request for Judicial Notice, # (3) Proposed Order ORDER GRANTING DEFENDANT ATIEVA, INC.S MOTION TO DISMISS PURSUANT TO FED. R. CIV. PROC. RULE 12(B)(6))(Krauthamer, Danielle) (Filed on 3/7/2022) 19 Filed & Entered: 03/07/2022 Certificate of Interested Entities Docket Text: Certificate of Interested Entities by Atieva Inc identifying Corporate Parent LUCID USA, INC. for Atieva Inc. (Krauthamer, Danielle) (Filed on 3/7/2022) 20 Filed & Entered: 03/08/2022 Clerk's Notice re: Consent or Declination Docket Text: CLERK'S NOTICE RE: Consent or Declination. Defendant is requested to file a consent or declination to proceed before a magistrate judge by 3/15/2022. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 3/8/2022) 21 Filed & Entered: 03/08/2022 Certificate of Service Docket Text: CERTIFICATE OF SERVICE by Atieva Inc re [16] Administrative Motion to File Under Seal (Krauthamer, Danielle) (Filed on 3/8/2022) 22 Filed & Entered: 03/09/2022 Order on Motion for Pro Hac Vice Docket Text: ORDER GRANTING [13] Application for Admission of Attorney Jeremiah J. Foley Pro Hac Vice representing Atieva, Inc. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 3/9/2022) 23 Filed & Entered: 03/09/2022 Order on Motion for Pro Hac Vice Docket Text: ORDER GRANTING [14] Application for Admission of Attorney Monte L. Falcoff Pro Hac Vice representing Atieva, Inc. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 3/9/2022) 24 Filed & Entered: 03/09/2022 Order on Motion for Pro Hac Vice Docket Text: ORDER GRANTING [15] Application for Admission of Attorney Glenn E. Forbis Pro Hac Vice representing Atieva, Inc. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 3/9/2022) 25 Filed & Entered: 03/09/2022 Order on Administrative Motion to File Under Seal Docket Text: ORDER GRANTING [16] Defendant Atieva, Inc.'s Administrative Motion to File Under Seal Portions of its Anti-Slapp Motion to Strike Plaintiff's Complaint. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 3/9/2022) 26 Filed & Entered: 03/14/2022 Consent/Declination to Proceed Before a US Magistrate Judge Docket Text: CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Atieva Inc.. (Krauthamer, Danielle) (Filed on 3/14/2022) 27 Filed & Entered: 03/16/2022 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options Docket Text: ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Krauthamer, Danielle) (Filed on 3/16/2022) Filed & Entered: 03/21/2022 Electronic Filing Error Docket Text: Electronic filing error. Incorrect Filer selected when posting document. [err101]Corrected by Clerk's Office. No further action is necessary. Re:[28] Notice of Appearance filed by Atieva Inc (dhm, COURT STAFF) (Filed on 3/21/2022) 28 Filed & Entered: 03/21/2022 Notice of Appearance Docket Text: NOTICE of Appearance by Jason Alex Geller (Geller, Jason) (Filed on 3/21/2022) Modified on 3/21/2022 adding the correct party filer information and removing atty Geller as counsel for plaintiff(dhm, COURT STAFF). 29 Filed & Entered: 03/27/2022 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options Docket Text: ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Chen, Quynh) (Filed on 3/27/2022) Filed & Entered: 03/28/2022 Electronic Filing Error Docket Text: Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re:[30] Opposition/Response to Motion, filed by Atieva Inc (cv, COURT STAFF) (Filed on 3/28/2022) 30 Filed & Entered: 03/28/2022 Opposition/Response to Motion Docket Text: Statement of Non-Opposition TO [18] MOTION AND REPLY BRIEF IN SUPPORT ITS [18] MOTION TO DISMISS COMPLAINT PURSUANT TO FRCP 12(b)(6) AND ANTI-SLAPP [17] MOTION TO STRIKE PLAINTIFFS COMPLAINT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE § 425.16 filed by Atieva Inc. (Krauthamer, Danielle) (Filed on 3/28/2022) Modified on 3/28/2022 (cv, COURT STAFF). Modified on 3/28/2022 (cv, COURT STAFF). 31 Filed & Entered: 03/28/2022 Amended Complaint Docket Text: AMENDED COMPLAINT against All Defendants. Filed byMarcel Sieler. (Chen, Quynh) (Filed on 3/28/2022) 32 Filed & Entered: 03/29/2022 Order on Motion to Dismiss Docket Text: Order denying [18] Motion to Dismiss without prejudice, due to filing of Amended Complaint [Dkt. No. 31] entered by Magistrate Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) 33 Filed & Entered: 03/29/2022 Order on Motion to Strike Docket Text: Order denying [17] Motion to Strike without prejudice, due to filing of Amended Complaint [Dkt. No. 31], entered by Magistrate Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) 34 Filed & Entered: 03/29/2022 Clerk's Notice Docket Text: CLERK'S NOTICE CONTINUING Initial Case Management Conference set for 4/13/2022 to 6/8/2022, at 10:00 AM by telephone. Case Management Statement due by 6/1/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 3/29/2022) 35 Filed & Entered: 04/11/2022Terminated: 05/17/2022 Motion to Strike Docket Text: MOTION to Strike [31] Amended Complaint filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 5/18/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 4/25/2022. Replies due by 5/2/2022. (Attachments: # (1) Declaration of Danielle S. Krauthamer, # (2) Declaration of Lisa Lara, # (3) Proposed Order)(Krauthamer, Danielle) (Filed on 4/11/2022) 36 Filed & Entered: 04/11/2022Terminated: 05/17/2022 Motion to Dismiss Docket Text: MOTION to Dismiss PURSUANT TO FED. R. CIV. PROC. RULE 12(B)(6) filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 5/18/2022 01:00 PM in San Jose, Courtroom 4, 5th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 4/25/2022. Replies due by 5/2/2022. (Attachments: # (1) Declaration of Danielle S. Krauthamer, # (2) Proposed Order)(Krauthamer, Danielle) (Filed on 4/11/2022) 37 Filed & Entered: 04/11/2022 Request for Judicial Notice Docket Text: Request for Judicial Notice re [31] Amended Complaint filed byAtieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Related document(s)[31]) (Krauthamer, Danielle) (Filed on 4/11/2022) 38 Filed & Entered: 04/11/2022 Clerk's Notice re: Consent or Declination Docket Text: CLERK'S NOTICE RE: Consent or Declination. Defendants Eric Magnus Bach, Hans-Christoph Eckstein, and Wiebke Eckstein are requested to file their consent or declination to proceed before a magistrate judge by 4/18/2022. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 4/11/2022) 39 Filed & Entered: 04/18/2022 Consent/Declination to Proceed Before a US Magistrate Judge Docket Text: CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein.. (Krauthamer, Danielle) (Filed on 4/18/2022) 40 Filed & Entered: 05/02/2022 Reply to Opposition/Response Docket Text: REPLY (re [36] MOTION to Dismiss PURSUANT TO FED. R. CIV. PROC. RULE 12(B)(6), [35] MOTION to Strike [31] Amended Complaint ) filed byAtieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Krauthamer, Danielle) (Filed on 5/2/2022) 41 Filed & Entered: 05/02/2022 Amended Complaint Docket Text: AMENDED COMPLAINT against All Defendants. Filed byMarcel Sieler. (Chen, Quynh) (Filed on 5/2/2022) 42 Filed & Entered: 05/02/2022 Order Docket Text: ORDER RE: Second Amended Complaint. Re: ECF [41]. Sieler is ORDERED to file a notice clarifying the basis for the amendment by 5/6/2022. Signed by Judge Nathanael M. Cousins on 5/2/2022. (lmh, COURT STAFF) (Filed on 5/2/2022) 43 Filed & Entered: 05/05/2022 Notice (Other) Docket Text: NOTICE by Marcel Sieler CLARIFYING BASIS FOR SECOND AMENDED COMPLAINT (Chen, Quynh) (Filed on 5/5/2022) 44 Filed & Entered: 05/05/2022Terminated: 05/17/2022 Motion for Leave to File Docket Text: First MOTION for Leave to File SECOND AMENDED COMPLAINT filed by Marcel Sieler. (Attachments: # (1) Proposed Order)(Chen, Quynh) (Filed on 5/5/2022) 45 Filed & Entered: 05/06/2022 Clerk's Notice Docket Text: CLERK'S NOTICE RE: [44] First Motion for Leave to File Second Amended Complaint. Defendant to respond by 5/11/2022. Plaintiff's reply due 5/13, not to exceed 2 pages. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 5/6/2022) 46 Filed & Entered: 05/06/2022 Exhibits Docket Text: EXHIBITS re [44] First MOTION for Leave to File SECOND AMENDED COMPLAINT Exhibit A filed byMarcel Sieler. (Related document(s)[44]) (Chen, Quynh) (Filed on 5/6/2022) 47 Filed & Entered: 05/11/2022 Opposition/Response to Motion Docket Text: OPPOSITION/RESPONSE (re [44] First MOTION for Leave to File SECOND AMENDED COMPLAINT ) filed byAtieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Attachments: # (1) Declaration of Danielle Krauthamer)(Krauthamer, Danielle) (Filed on 5/11/2022) 48 Filed & Entered: 05/13/2022 Reply to Opposition/Response Docket Text: REPLY (re [44] First MOTION for Leave to File SECOND AMENDED COMPLAINT ) filed byMarcel Sieler. (Chen, Quynh) (Filed on 5/13/2022) 49 Filed & Entered: 05/17/2022 Order on Motion to Dismiss Docket Text: ORDER GRANTING Plaintiff Leave to File Second Amended Complaint. Re: ECF [43], [44]. Plaintiff's SAC, at ECF [41], is now the operative complaint. In light of this ruling, Defendants' motions to dismiss and strike, at ECF [35] and ECF [36], are denied without prejudice. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 5/17/2022) 50 Filed & Entered: 05/31/2022Terminated: 08/01/2022 Motion to Strike Docket Text: MOTION to Strike Pursuant to California Code of Civil Procedure Section 425.16 (Anti-SLAPP) filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 7/6/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 6/14/2022. Replies due by 6/21/2022. (Attachments: # (1) Declaration of Lisa Lara, # (2) Declaration of Danielle S. Krauthamer, # (3) Proposed Order)(Krauthamer, Danielle) (Filed on 5/31/2022) 51 Filed & Entered: 05/31/2022Terminated: 08/01/2022 Motion to Dismiss Docket Text: MOTION to Dismiss Pursuant to Fed. R. Civ. Proc. Rule 12(B)(6) filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 7/6/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 6/14/2022. Replies due by 6/21/2022. (Attachments: # (1) Declaration of Danielle S. Krauthamer, # (2) Request for Judicial Notice, # (3) Proposed Order)(Krauthamer, Danielle) (Filed on 5/31/2022) 52 Filed & Entered: 06/01/2022 Joint Case Management Statement Docket Text: JOINT CASE MANAGEMENT STATEMENT / RULE 26(F) REPORT filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Krauthamer, Danielle) (Filed on 6/1/2022) Filed & Entered: 06/02/2022 Case Referred to Mediation Docket Text: CASE REFERRED to Mediation. (af, COURT STAFF) (Filed on 6/2/2022) 53 Filed & Entered: 06/02/2022 Case Management Scheduling Order Docket Text: CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for 6/8/2022 is vacated. Case referred to mediation, which is to be completed by 8/31/2022. Further Case Management Conference set for 11/9/2022, at 10:00 AM. Joint case management statement due 11/2/2022. Pretrial Conference set for 10/11/2023, at 02:00 PM. Jury Trial will be held on 10/23/2023, at 09:00 AM in San Jose, Courtroom 5, 4th Floor. Signed by Judge Nathanael M. Cousins on 6/2/2022. (lmh, COURT STAFF) (Filed on 6/2/2022) 54 Filed & Entered: 06/10/2022 ADR Clerk's Notice Appointing Mediator Docket Text: ADR Clerk's Notice Appointing Neil A. Smith as Mediator. (af, COURT STAFF) (Filed on 6/10/2022) 55 Filed & Entered: 06/13/2022 Opposition/Response to Motion Docket Text: OPPOSITION/RESPONSE (re [51] MOTION to Dismiss Pursuant to Fed. R. Civ. Proc. Rule 12(B)(6) ) filed byMarcel Sieler. (Attachments: # (1) Certificate/Proof of Service)(Chen, Quynh) (Filed on 6/13/2022) 56 Filed & Entered: 06/14/2022 Opposition/Response to Motion Docket Text: OPPOSITION/RESPONSE (re [50] MOTION to Strike Pursuant to California Code of Civil Procedure Section 425.16 (Anti-SLAPP) ) filed byMarcel Sieler. (Chen, Quynh) (Filed on 6/14/2022) 57 Filed & Entered: 06/21/2022 Reply to Opposition/Response Docket Text: REPLY (re [50] MOTION to Strike Pursuant to California Code of Civil Procedure Section 425.16 (Anti-SLAPP) ) filed byAtieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Krauthamer, Danielle) (Filed on 6/21/2022) 58 Filed & Entered: 06/21/2022 Reply to Opposition/Response Docket Text: REPLY (re [51] MOTION to Dismiss Pursuant to Fed. R. Civ. Proc. Rule 12(B)(6) ) filed byAtieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Krauthamer, Danielle) (Filed on 6/21/2022) 59 Filed & Entered: 07/06/2022 Motion Hearing Docket Text: Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Hearing re: Defendant's Motion to Strike, Dkt. 50, and Motion to Dismiss, Dkt. [51] held on 7/6/2022. Court takes motions under submission. Attorney for Plaintiff: Quynh M. Chen. Attorney for Defendants: Danielle Krauthamer. Zoom webinar recording: 1:03pm - 1:41pm. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 7/6/2022) 60 Filed & Entered: 08/01/2022 Order on Motion to Strike Docket Text: ORDER GRANTING Defendants' Motion to Dismiss; DENYING Defendants' Motion to Strike. Re: ECF [50], [51]. Sieler may file an amended complaint by 8/19/2022. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 8/1/2022) 61 Filed & Entered: 08/02/2022Terminated: 08/03/2022 Stipulation Docket Text: STIPULATION WITH PROPOSED ORDER to Continue Mediation Completion Deadline filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Attachments: # (1) Proposed Order)(Krauthamer, Danielle) (Filed on 8/2/2022) 62 Filed & Entered: 08/03/2022 Order on Stipulation Docket Text: Order granting [61] Stipulation extending mediation deadline to 11/30/2022 entered by Magistrate Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) 63 Filed & Entered: 08/19/2022 Amended Complaint Docket Text: THIRD AMENDED COMPLAINT against All Defendants. Filed byMarcel Sieler. (Attachments: # (1) Exhibit Settlement Agreement, # (2) Exhibit Patent '763)(Chen, Quynh) (Filed on 8/19/2022) Modified on 8/22/2022 (cv, COURT STAFF). 64 Filed & Entered: 09/02/2022 Motion to Dismiss Docket Text: MOTION to Dismiss Third Amended Complaint filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 10/12/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 9/16/2022. Replies due by 9/23/2022. (Attachments: # (1) Declaration of Danielle S. Krauthamer, # (2) Request for Judicial Notice, # (3) Proposed Order)(Krauthamer, Danielle) (Filed on 9/2/2022) 65 Filed & Entered: 09/02/2022 Motion to Strike Docket Text: MOTION to Strike [63] Amended Complaint filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. Motion Hearing set for 10/12/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 9/16/2022. Replies due by 9/23/2022. (Attachments: # (1) Declaration of Danielle S. Krauthamer, # (2) Declaration of Lisa Lara, # (3) Proposed Order)(Krauthamer, Danielle) (Filed on 9/2/2022) 66 Filed & Entered: 09/16/2022 Opposition/Response to Motion Docket Text: OPPOSITION/RESPONSE (re [65] MOTION to Strike [63] Amended Complaint ) filed byMarcel Sieler. (Attachments: # (1) Declaration Of Quynh Chen)(Chen, Quynh) (Filed on 9/16/2022) 67 Filed & Entered: 09/16/2022 Opposition/Response to Motion Docket Text: OPPOSITION/RESPONSE (re [64] MOTION to Dismiss Third Amended Complaint ) filed byMarcel Sieler. (Chen, Quynh) (Filed on 9/16/2022) 68 Filed & Entered: 09/23/2022 Reply to Opposition/Response Docket Text: REPLY (re [65] MOTION to Strike [63] Amended Complaint ) filed byAtieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Krauthamer, Danielle) (Filed on 9/23/2022) 69 Filed & Entered: 09/23/2022 Reply to Opposition/Response Docket Text: REPLY (re [64] MOTION to Dismiss Third Amended Complaint ) filed byAtieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Krauthamer, Danielle) (Filed on 9/23/2022) 70 Filed & Entered: 10/07/2022 Clerk's Notice Docket Text: CLERK'S NOTICE VACATING HEARING set for 10/12/2022, at 01:00 PM re: [64] Motion to Dismiss Third Amended Complaint and [65] Motion to Strike. The Court finds the motion suitable for decision without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/7/2022) 71 Filed & Entered: 10/18/2022 Order Docket Text: ORDER DIRECTING Defendants to Comply with Civil Local Rule 79-5. Re: ECF [64], [65]. Defendants must either re-file the briefs without the redactions or file a properly supported motion to seal by 10/21/2022. Signed by Judge Nathanael M. Cousins on 10/18/2022. (lmh, COURT STAFF) (Filed on 10/18/2022) 72 Filed & Entered: 10/21/2022 Administrative Motion to File Under Seal Docket Text: Administrative Motion to File Under Seal filed by Atieva Inc, Eric Magnus Bach, Hans-Christoph Eckstein, Wiebke Eckstein. (Attachments: # (1) Declaration, # (2) Proposed Order, # (3) Unredacted Exhibit A, # (4) Unredacted Exhibit B, # (5) Unredacted Exhibit C)(Zobel, Danielle) (Filed on 10/21/2022) 73 Filed & Entered: 10/25/2022 Clerk's Notice Docket Text: CLERK'S NOTICE CONTINUING Case Management Conference set for 11/9/2022 to 11/30/2022, at 10:00 AM by telephone. Case management statement due 11/23/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/25/2022) |
| Jan 6, 2022 | 7 | Summons Issued as to Atieva Inc. (dhm, COURT STAFF) (Filed on 1/6/2022) (Entered: 01/06/2022) (2) |
| Jan 6, 2022 | 8 | REPORT on the filing or determination of an action regarding Patent (cc: form mailed to register). (dhm, COURT STAFF) (Filed on 1/6/2022) (Entered: 01/06/2022) (1) |
| Jan 5, 2022 | 1 | Complaint* (1) |
| Jan 5, 2022 | 1 | Complaint (Main Document) (15) Docket Text: COMPLAINT against Marcel Sieler ( Filing fee $ 402, receipt number ACANDC-16775020.). Filed byMarcel Sieler. (Attachments: # (1) Civil Cover Sheet, # (2) Exhibit 1)(Chen, Quynh) (Filed on 1/5/2022) |
| Jan 5, 2022 | 1 | Complaint (Civil Cover Sheet) (2) Docket Text: COMPLAINT against Marcel Sieler ( Filing fee $ 402, receipt number ACANDC-16775020.). Filed byMarcel Sieler. (Attachments: # (1) Civil Cover Sheet, # (2) Exhibit 1)(Chen, Quynh) (Filed on 1/5/2022) |
| Jan 5, 2022 | 1 | Complaint (Exhibit 1) (15) Docket Text: COMPLAINT against Marcel Sieler ( Filing fee $ 402, receipt number ACANDC-16775020.). Filed byMarcel Sieler. (Attachments: # (1) Civil Cover Sheet, # (2) Exhibit 1)(Chen, Quynh) (Filed on 1/5/2022) |
| Jan 5, 2022 | 2 | Certificate of Interested Entities (1) Docket Text: Certificate of Interested Entities by Marcel Sieler (Chen, Quynh) (Filed on 1/5/2022) |
| Jan 5, 2022 | 3 | Proposed Summons (2) Docket Text: Proposed Summons. (Chen, Quynh) (Filed on 1/5/2022) |
| Jan 5, 2022 | 4 | Patent/Trademark Report (1) Docket Text: REPORT on the filing or determination of an action regarding (cc: form mailed to register). (Chen, Quynh) (Filed on 1/5/2022) |
| Jan 5, 2022 | N/A | Case Assigned by Intake (0) Docket Text: Case assigned to Magistrate Judge Nathanael M. Cousins. 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 1/19/2022. (bw, COURT STAFF) (Filed on 1/5/2022) |
