New York Southern District Court
Judge:Andrew L Carter, Jr
Referred: Gabriel W Gorenstein
Case #: 1:22-cv-03026
Nature of Suit850 Other Statutes - Securities/Commodities/Exchange
Cause15:78m(a) Securities Exchange Act
Case Filed:Apr 12, 2022
Last checked: Sunday Oct 09, 2022 5:34 AM EDT
Defendant
Elon R. Musk
Lead Plaintiff
Oklahoma Firefighters Pension and Retirement System
Represented By
Avi Josefson
Bernstein Litowitz Berger & Grossmann LLP
contact info
Jonathan D'Errico
Bernstein Litowitz Berger & Grossmann LLP
contact info
Jeremy Patrick Robinson
Bernstein Litowitz Berger & Grossmann LLP
contact info
Katherine Mccracken Sinderson
Bernstein Litowitz Berger & Grossmann LLP
contact info
Movant
Amalgamated Bank
Represented By
Phillip C. Kim
The Rosen Law Firm
contact info
Movant
Partha Pratim Palit
Represented By
Jeremy Alan Lieberman
Pomerantz LLP
contact info
Plaintiff
Marc Bain Rasella
Represented By
Jeffrey Craig Block
Block & Leviton LLP
contact info


Docket last updated: 7 hours ago
Wednesday, August 12, 2026
275 275 1 pgs order Order ~Util - Set Hearings Wed 08/12 4:20 PM
ORDER: The Court ORDERS an in-person conference on September 10, 2026 at 2:30 pm regarding the Parties' anticipated Daubert motions and motion for summary judgment. The Parties should also be prepared to discuss the status of settlement. The Parties should appear at the Thurgood Marshall United States Courthouse, 40 Foley Square, in Courtroom 444 on the date and time specified above. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/12/2026) (Pre-Motion Conference set for 9/10/2026 at 02:30 PM in Courtroom 444, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr..) (ar)
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Tuesday, August 11, 2026
274 274 service Certificate of Service Other Tue 08/11 11:31 PM
CERTIFICATE OF SERVICE of Defendants' Sealed Opposition Letter to Plaintiffs' Request for a Pre-Motion Conference Regarding Their Anticipated Motion for Partial Summary Judgment on August 11, 2026. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Quinton, Rachel)
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273 273 respoth Response (non-motion) Tue 08/11 10:50 PM
RESPONSE re:254 Letter, Defendants' Opposition Letter in Response to Plaintiffs' Request for Pre-Motion Conference for Partial Summary Judgment addressed to Judge Andrew L. Carter, Jr. from Sarah Heaton Concannon dated August 11, 2026 (REDACTED) . Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Concannon, Sarah)
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272 272 respoth Response (non-motion) Tue 08/11 10:45 PM
***SEALED*** RESPONSE re:254 Letter, Defendants' Opposition Letter in Response to Plaintiffs' Request for Pre-Motion Conference for Partial Summary Judgment addressed to Judge Andrew L. Carter, Jr. from Sarah Heaton Concannon dated August 11, 2026 . Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk. Motion or Order to File Under Seal:270 .(Concannon, Sarah)
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271 271 respoth Response (non-motion) Tue 08/11 10:39 PM
RESPONSE re:257 Letter, Defendants' Letter Opposition to Plaintiffs' Request for Pre-Motion Conference to Exclude Certain Opinions by Defendants' Experts addressed to Judge Andrew L. Carter, Jr. from Sarah Heaton Concannon dated August 11, 2026 . Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Concannon, Sarah)
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270 270 motion Seal Tue 08/11 10:14 PM
LETTER MOTION to Seal Defendants' Opposition Letter in Response to Plaintiffs' Request for Pre-Motion Conference Regarding Their Anticipated Motion for Partial Summary Judgment addressed to Judge Andrew L. Carter, Jr. from Sarah Heaton Concannon dated August 11, 2026. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Concannon, Sarah)
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269 269 misc Letter Tue 08/11 7:49 PM
LETTER addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated August 11, 2026 re: Response to Defendants' August 6, 2026 Letter requesting a pre-motion conference or, in the alternative, leave to file their anticipated motion for summary judgment (ECF No. 263). Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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268 268 misc Letter Tue 08/11 7:36 PM
LETTER addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated August 11, 2026 re: Response to Defendants' August 6, 2026 Letter requesting a pre-motion conference or, in the alternative, leave to file a motion to exclude the expert opinions and testimony of Plaintiff's damages expert, Dr. Joseph R. Mason (ECF No. 261). Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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267 267 misc Letter Tue 08/11 7:30 PM
LETTER addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated August 11, 2026 re: Response to Defendants' August 6, 2026 Letter requesting a pre-motion conference or, in the alternative, leave to file a motion to exclude the expert opinions and testimony of Plaintiff's expert, Professor April Klein (ECF No. 259). Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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266 266 respm Response to Motion Tue 08/11 7:22 PM
LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated August 11, 2026 re:258 LETTER MOTION to Seal addressed to Judge Andrew L. Carter, Jr. from Sarah Heaton Concannon dated August 6, 2026. . Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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Thursday, August 06, 2026
265 265 service Certificate of Service Other Fri 08/07 12:02 AM
CERTIFICATE OF SERVICE of a redacted copy of (i) Defendants' letter requesting a pre-motion conference or, in the alternative, leave to file a motion to exclude the expert opinions and testimony of Plaintiffs' expert April Klein (ECF No. 260), (ii) Defendants' letter requesting a pre-motion conference or, in the alternative, leave to file a motion to exclude the expert opinions and testimony of Plaintiffs' expert Joseph R. Mason (ECF No. 262), and (iii) Defendants' letter requesting a pre-motion conference or, in the alternative, leave to file a motion for summary judgment (ECF No. 264) served via email on 08/06/2026. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Concannon, Sarah)
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264 264 misc Letter Thu 08/06 10:59 PM
LETTER addressed to Judge Andrew L. Carter, Jr. from Sarah Heaton Concannon dated August 6, 2026 re: request a pre-motion conference or, in the alternative, leave to file their anticipated motion for summary judgment (REDACTED). Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Concannon, Sarah)
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263 263 misc Letter Thu 08/06 10:56 PM
***SEALED*** LETTER addressed to Judge Andrew L. Carter, Jr. from Sarah Heaton Concannon dated August 6, 2026 re: request a pre-motion conference or, in the alternative, leave to file their anticipated motion for summary judgment. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk.Motion or Order to File Under Seal:258 .(Concannon, Sarah)
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262 262 misc Letter Thu 08/06 10:51 PM
LETTER addressed to Judge Andrew L. Carter, Jr. from Sarah Heaton Concannon dated August 6, 2026 re: request a pre-motion conference or, in the alternative, leave to file a motion to exclude the expert opinions and testimony of Plaintiffs' damages expert, Joseph R. Mason (REDACTED). Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Concannon, Sarah)
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261 261 misc Letter Thu 08/06 10:45 PM
***SEALED*** LETTER addressed to Judge Andrew L. Carter, Jr. from Sarah Heaton Concannon dated August 6, 2026 re: request a pre-motion conference or, in the alternative, leave to file a motion to exclude the expert opinions and testimony of Plaintiffs' damages expert, Joseph R. Mason. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk.Motion or Order to File Under Seal:258 .(Concannon, Sarah)
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260 260 misc Letter Thu 08/06 10:39 PM
LETTER addressed to Judge Andrew L. Carter, Jr. from Sarah Heaton Concannon dated August 6, 2026 re: request a pre-motion conference or, in the alternative, leave to file a motion to exclude the expert opinions and testimony of Plaintiffs' expert, Professor April Klein (REDACTED). Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Concannon, Sarah)
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259 259 misc Letter Thu 08/06 10:34 PM
***SEALED*** LETTER addressed to Judge Andrew L. Carter, Jr. from Sarah Heaton Concannon dated August 6, 2026 re: request a pre-motion conference or, in the alternative, leave to file a motion to exclude the expert opinions and testimony of Plaintiffs' expert, Professor April Klein. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk.Motion or Order to File Under Seal:258 .(Concannon, Sarah)
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258 258 motion Seal Thu 08/06 10:18 PM
LETTER MOTION to Seal addressed to Judge Andrew L. Carter, Jr. from Sarah Heaton Concannon dated August 6, 2026. Document filed by Jared Birchall, Elon Musk Revocable Trust dated July 22, 2003, Excession LLC, Elon R. Musk..(Concannon, Sarah)
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257 257 misc Letter Thu 08/06 4:50 PM
***SEALED*** LETTER addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated August 6, 2026 re: request for pre-motion conference for Plaintiff's Daubert motion to exclude certain opinions by Defendants' experts. Document filed by Oklahoma Firefighters Pension and Retirement System.Motion or Order to File Under Seal:256 .(Sinderson, Katherine)
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256 256 motion Seal Thu 08/06 4:42 PM
LETTER MOTION to Seal letter regarding request for pre-motion conference for Plaintiff's Daubert motion to exclude certain opinions by Defendants' experts addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated August 6, 2026. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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255 255 misc Letter Thu 08/06 4:36 PM
LETTER addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated August 6, 2026 re: request for pre-motion conference for Plaintiff's Daubert motion to exclude certain opinions by Defendants' experts. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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254 254 misc Letter Thu 08/06 4:22 PM
LETTER addressed to Judge Andrew L. Carter, Jr. from Katherine M. Sinderson dated August 6, 2026 re: request for pre-motion conference for Plaintiff's motion for partial summary judgment. Document filed by Oklahoma Firefighters Pension and Retirement System..(Sinderson, Katherine)
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253 253 appeal USCA Mandate - Other Thu 08/06 10:55 AM
MANDATE of USCA (Certified Copy) USCA Case Number 26-0965 Petitioners request, pursuant to Federal Rule of Civil Procedure 23(f), leave to immediately appeal the district court's order granting Respondent's motion for class certification. They also move for leave to file a reply. Upon due consideration, it is hereby ORDERED that the motion for leave to file a reply is GRANTED, but the Rule 23(f) petition is DENIED because an immediate appeal is not warranted. See Sumitomo Copper Litig. v. Credit Lyonnais Rouse, Ltd. , 262 F.3d 134, 13940 (2d Cir. 2001). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 8/6/2026. (tp)
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