Cotchett, Pitre & Mccarthy, LLP: Attorneys For Plaintiff
Cotchett, Pitre & Mccarthy, LLP: Attorneys For Plaintiff
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LAW OFFICES
COTCHETT, PITRE &
MCCARTHY, LLP
JOINT CASE MANAGEMENT STATEMENT; Case No. 5:21-cv-03577-LHK
Case 5:21-cv-03577-LHK Document 24 Filed 09/16/21 Page 2 of 6
2 Plaintiffs Matthew Amans (“Amans Plaintiff”), Sol Kim, Aaron Mandell, Alissa Beth Cohen
3 Mandell, Mattias Astrom, Arpan Patel, Anupama Vivek, Jerin Zachariah, and Peter Burns (“Kim
4 Plaintiffs”), and Babak Malek (“Malek Plaintiff”) (collectively, “Plaintiffs”), and defendant Tesla,
5 Inc. (“Tesla”) (collectively, “Parties”), by and through their respective counsel of record, hereby
6 jointly submit this Case Management Statement pursuant to the Court’s August 12, 2021 Case
8 This consolidated action now includes all three putative class actions in the U.S. District
9 Court for the Northern District of California, each alleging that Tesla’s price increase on its solar roof
10 contracts violates California law: Matthew Amans v. Tesla, Inc., Case No. 5:21-cv-03577-LHK
11 (“Amans Action”), Sol Kim et al. v. Tesla, Inc., Case No. 5:21-cv-03681-LHK (“Kim Action”), and
12 Babak Malek v. Tesla, Inc., Case No. 5:21-cv-05528-LHK (“Malek Action”). Amans Plaintiff filed
13 his complaint against Tesla on May 12, 2021. See Amans Action, ECF No. 1. Thereafter, on May 17,
14 2021, Kim Plaintiffs, represented by separate counsel, filed their complaint against Tesla, see Kim
15 Action, ECF. No. 1; and Malek Plaintiff, represented by separate counsel than Amans or Kim
16 Plaintiffs, filed his complaint against Tesla on July 20, 2021, see Malek Action, ECF No. 1. The Kim
17 and Malek Actions have been consolidated under the Amans Action. See Amans Action, ECF Nos.
18 17, 22.
20 Shortly after counsel for Tesla appeared in the Amans and Kim Actions in June 2021 and prior
21 to formal consolidation, counsel for Plaintiffs inquired with counsel for Tesla regarding the potential
22 for early mediation, requested categories of information to facilitate potential settlement discussions,
23 and sent Tesla a list of proposed mediators who could assist with these matters. Tesla declined to
24 commit one way or another to any mediation until the cases were formally consolidated. Based on
25 Plaintiffs’ understanding that Tesla was considering mediation in good faith, Plaintiffs agreed to
26 extend the time for Tesla to file responsive pleadings through August and September while the cases
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The parties were unable to submit this case management statement seven days before the scheduled
28 case management conference due to unanticipated scheduling issues involving Tesla and its outside
♼ counsel.
LAW OFFICES JOINT CASE MANAGEMENT STATEMENT; Case No. 5:21-cv-03577-LHK 1
COTCHETT, PITRE &
MCCARTHY, LLP
Case 5:21-cv-03577-LHK Document 24 Filed 09/16/21 Page 3 of 6
1 awaited formal consolidation, leading up to the Initial Case Management Conference. See Amans
3 On September 13, 2021, counsel for Tesla informed counsel for Plaintiffs that Tesla had
4 recently launched a program for customers who signed Solar Roof contracts before the April 2021
5 price changes to return those customers to their original pricing (if they were subject to a price
6 increase in April 2021). Plaintiffs’ counsel have requested additional details and advised counsel for
7 Tesla that they believe settlement discussions should commence immediately in order to consider,
9 Based on these developments, the Parties believe discussions over the next 30 days to obtain
10 additional information regarding Tesla’s intended actions may eliminate or narrow some of the issues
11 to be litigated, conserving judicial and party resources. Accordingly, the Parties propose the schedule
12 below that allows for such discussions. Further, the Parties request the opportunity to update the
15 Plaintiffs’ counsel in all three consolidated actions have met and conferred and agreed to a
16 proposed three-way leadership model, with one representative from each action. Subject to the
17 Court’s approval, Plaintiffs are prepared to submit a stipulation and proposed order appointing
18 interim class counsel forthwith. Tesla has some reservations about Plaintiffs’ proposal and reserves
19 the right to respond or object to Plaintiffs’ proposed stipulation once those details are provided.
21 Subject to the Court’s approval, the Parties agree to a filing deadline of November 1, 2021
24 Subject to the Court’s approval, the Parties agree on the following briefing and hearing
25 schedule:
3 Respectfully submitted,
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Dated: September 16, 2021 By: /s/ Justin T. Berger
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Justin T. Berger (SBN 250346)
6 [email protected]
Sarvenaz “Nazy” J. Fahimi (SBN 226148)
7 [email protected]
Kelsey L. Campbell (SBN 324015)
8 [email protected]
COTCHETT, PITRE & McCARTHY, LLP
9 San Francisco Airport Office Center
840 Malcolm Road
10 Burlingame, CA 94010
Telephone: (650) 697-6000
11 Facsimile: (650) 697-0577
12 Attorneys for Malek Plaintiff
13 Dated: September 16, 2021 By: /s/ Lily E. Hough
14 Lily E. Hough (SBN 315277)
[email protected]
15 Benjamin H. Richman (pro hac vice to be
filed)
16 [email protected]
Eve-Lynn Rapp (pro hac vice to be filed)
17 [email protected]
Rafey S. Balabanian (SBN 315962)
18 [email protected]
EDELSON PC
19 150 California Street, 18th Floor
San Francisco, California 94111
20 Tel: 415.212.9300
Fax: 415.373.9435
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Attorneys for Amans Plaintiff
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Dated: September 16, 2021 By: /s/ Peter A. Muhic
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Peter A. Muhic (pro hac vice to be filed)
24 LeVAN MUHIC STAPLETON LLC
One Liberty Place
25 1650 Market Street, Suite 3600
Philadelphia, PA 19103
26 Telephone: (215) 561-1500
[email protected]
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Tina Wolfson (SBN 174806)
28 Robert Ahdoot (SBN 172098)
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LAW OFFICES JOINT CASE MANAGEMENT STATEMENT; Case No. 5:21-cv-03577-LHK 3
COTCHETT, PITRE &
MCCARTHY, LLP
Case 5:21-cv-03577-LHK Document 24 Filed 09/16/21 Page 5 of 6
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Attorneys for Kim Plaintiffs
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Dated: September 16, 2021
11 By: /s/ Whitty Somvichian
12 Whitty Somvichian (SBN 194463)
[email protected]
13 Michael G. Rhodes (SBN 116127)
[email protected]
14 Danielle C. Pierre (SBN 300567)
[email protected]
15 Sharon Song (SBN 313535)
[email protected]
16 COOLEY LLP
3 Embarcadero Center, 20th Floor
17 San Francisco, California 94111-4004
Telephone: (415) 693-2000
18 Facsimile: (415) 693-2222
19 Attorneys for Defendant Tesla, Inc.
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LAW OFFICES JOINT CASE MANAGEMENT STATEMENT; Case No. 5:21-cv-03577-LHK 4
COTCHETT, PITRE &
MCCARTHY, LLP
Case 5:21-cv-03577-LHK Document 24 Filed 09/16/21 Page 6 of 6
2 I, Whitty Somvichian, attest that concurrence in the filing of this document has been obtained
3 from the other signatories. I declare under penalty of perjury that the foregoing is true and correct.
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LAW OFFICES JOINT CASE MANAGEMENT STATEMENT; Case No. 5:21-cv-03577-LHK 5
COTCHETT, PITRE &
MCCARTHY, LLP