Martinelli v. Tesla, Inc.

2:23-cv-00423 | Nevada District Court

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Division Las Vegas
Judge Judge Jennifer A. Dorsey
Filed March 20, 2023
Terminated June 28, 2024
Case Flags CLOSED, STAYED, ENE, and IFP
Magistrate Magistrate Judge Brenda Weksler
Nature of Suit 445 Civil Rights - Americans with Disabilities Act - Employment
Cause 28:1331 Fed. Question: Employment Discrimination
Jury Demand Both
Last Updated: 5 months, 3 weeks ago Show Interactive Timeline
Filing Date # Docket Text
7/1/202426
  • Order
MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 7/1/2024.

When this court had not received any response to the pending motions to compel arbitration and stay this case 18 20 by the 6/25/24 deadline, the court granted the motions on 6/28/24 as unopposed 23 . The following business day, 7/1/24, the clerk of court received an opposition from the plaintiff 24 to these already decided motions. Because the opposition purports to be dated 6/25/24, the clerk of court gave it a filing date of 6/26/24, though it was not in fact received by the court until 7/1/24, and the certificate of service 25 reflects that it wasn't mailed to the defendant until 6/27/24. Plaintiff is advised that, because the court already entered an order resolving these motions before his response 24 was received, should he desire relief from the order compelling arbitration and staying this case, he must file an appropriate motion.

(no image attached) (Copies have been distributed pursuant to the NEF - JAD) (Entered: 07/01/2024)
6/28/2024 CERTIFICATE OF SERVICE for 24 Opposition by Plaintiff Michael Thomas Martinelli. (CT) (Entered: 07/01/2024)
6/28/2024
  • Order
ORDER. IT IS THEREFORE ORDERED THAT Tesla, Inc.s motions to compel arbitration and to stay this case pending that arbitration ECF Nos. 18 , 20 are GRANTED. This case is STAYED while the parties arbitrate Martinellis claim in accordance with the terms of the arbitration clause in his Employee Transfer Agreement.IT IS FURTHER ORDERED THAT Tesla Inc.s motion to stay discovery pending this courts ruling on the motion to compel ECF No. 19 is DENIED as moot. The Clerk of Court is directed to ADMINISTRATIVELY CLOSE this case. Signed by Judge Jennifer A. Dorsey on 6/28/2024. (Copies have been distributed pursuant to the NEF - CAH) (Entered: 06/28/2024)
6/26/2024
  • Motion to Compel Arbitration (Arbitration Demand)
Opposition to 18 Motion to Compel Arbitration by Plaintiff Michael Thomas Martinelli. Replies due by 7/3/2024. (CT) (Entered: 07/01/2024)
6/12/2024Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Brenda Weksler. (HAM) (Entered: 06/12/2024)
6/12/202422
  • Order
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 6/12/2024. By Judicial Assistant: E. Santiago.

With good cause appearing, the Honorable Magistrate Judge Elayna J. Youchah recuses herself in this action.

IT IS HEREBY ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings.

(no image attached) (Copies have been distributed pursuant to the NEF - ES) (Entered: 06/12/2024)
6/11/2024 CERTIFICATE of Interested Parties by Tesla, Inc.. There are no known interested parties other than those participating in the case (Brady, Katlyn) (Entered: 06/11/2024)
6/11/2024
  • Motion to Stayby Δ
MOTION to Stay Case re 18 Motion to Compel by Defendant Tesla, Inc.. Responses due by 6/25/2024. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Christensen, Deverie) (Entered: 06/11/2024)
6/11/2024
  • Motion to Stayby Δ
MOTION to Stay Discovery re 18 Motion to Compel by Defendant Tesla, Inc.. Responses due by 6/25/2024. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Christensen, Deverie) (Entered: 06/11/2024)
6/11/2024
  • Motion to Compel Arbitration (Arbitration Demand)
MOTION to Compel Arbitration by Defendant Tesla, Inc.. Responses due by 6/25/2024. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Christensen, Deverie) (arbitration) (Entered: 06/11/2024)
5/23/2024 SUMMONS Returned Executed re 12 Summons Issued. Tesla, Inc. served on 5/21/2024. (AMMi) (Entered: 05/28/2024)
5/20/202416
  • Order
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 5/20/2024. By Judicial Assistant: E. Santiago.

On May 17, 2024, the Court entered almost identical duplicative Orders (ECF Nos. 14 , 15 ). ECF No. 14 was entered in error.

Accordingly, IT IS HEREBY ORDERED that the Court's May 17, 2024 Order (ECF No. 14 ) is stricken from the record.

IT IS FURTHER ORDERED that ECF No. 15 remains in effect and, if not already delivered to the U.S. Marshal, is to be delivered to the same forthwith.

(no image attached) (Copies have been distributed pursuant to the NEF - ES) (Entered: 05/20/2024)
5/17/2024
  • Order
ORDER - IT IS HEREBY ORDERED that the U.S. Marshal Service must within seven (7) days (due by 5/24/2024) of the date of this Order attempt service of the Summons, the operative Complaint, and the screening orderall previously provided to the Marshal Serviceon Tesla.
IT IS FURTHER ORDERED that the Clerk of Court must send one copy of (1) this Order, (2) the completed USM-285 form ECF No. 10 , (3) Plaintiff's Amended Complaint ECF No. 6 , and (4) the Court's December 13, 2023 Order ECF No. 8 to the U.S. Marshal Service for serviceof process on Tesla, Inc.(Email sent on 5/17/2024). Signed by Magistrate Judge Elayna J. Youchah on 5/17/2024. (Copies have been distributed pursuant to the NEF - GA) (Entered: 05/17/2024)
5/17/2024 STRICKEN on 5/20/24 per 16 Minute Order. ORDER - IT IS HEREBY ODERED that the U.S. Marshal Service must within seven (7) days (due by 5/24/2024) of the date of this Order attempt service of the Summons, the operative Complaint, and the screening orderall previously provided to the Marshal Serviceon Tesla. Signed by Magistrate Judge Elayna J. Youchah on 5/17/2024. (Copies have been distributed pursuant to the NEF - GA) Modified on 5/20/2024 (AMMi). (Entered: 05/17/2024)
5/9/2024 SUMMONS Returned Unexecuted as to Tesla, Inc. re 12 Summons Issued. (CAH) (Entered: 05/10/2024)
5/3/2024 SUMMONS ISSUED as to Tesla, Inc. re 6 Amended Complaint. (AMMi - cc: USM per ECF No. 11 Minute Order) (Entered: 05/03/2024)
5/3/202411
  • Order
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 5/3/2024. By Judicial Assistant: E. Santiago.

IT IS HEREBY ORDERED that the Clerk of Court must issue a Summons for Defendant Tesla, Inc. and deliver the same to the U.S. Marshal for service.

(no image attached) (Copies have been distributed pursuant to the NEF - ES) (Entered: 05/03/2024)
5/1/2024USM 285 received by Michael Thomas Martinelli. (AMMi - cc: FWD'd to USM along with 9 Order, 6 Amended Complaint, and 8 Order) (Entered: 05/02/2024)
4/10/2024
  • Order
ORDER. IT IS HEREBY ORDERED that Plaintiff must complete, the USM-285 form, that will allow service of process on Defendant to be attempted by the U.S. Marshal Service.

IT IS FURTHER ORDERED that a blank USM-285 form, together with a copy of this Order, must be sent to Plaintiff by the Clerk of Court.

IT IS FURTHER ORDERED that Plaintiff must file the completed USM-285 form with the Clerk of Court no later than May 1, 2024.

IT IS FURTHER ORDERED that the Clerk of Court must deliver one copy of (1) the completed USM-285 form, (2) this Order, (3) 6 Amended Complaint, and (4) 8 Order to the U.S. Marshal Service upon the filing of the USM-285 form by Plaintiff for service of process on Tesla, Inc.

IT IS FURTHER ORDERED that the U.S. Marshal Service must attempt to effect service on Tesla, Inc. no later than fourteen (14) days after receipt of the documents from the Clerk's Office.

IT IS FURTHER ORDERED that Plaintiff's failure to complete and timely file a completed USM-285 form with the Clerk of Court will result in a recommendation that this entire matter be dismissed without prejudice.

Signed by Magistrate Judge Elayna J. Youchah on 4/10/2024. (Attachments: # 1 USM285)(Copies have been distributed pursuant to the NEF - Order/USM285 mailed to P - ALZ) (Entered: 04/15/2024)

12/13/2023
  • Order
ORDER. IT IS ORDERED that this Court ADOPTS 7 Report and Recommendation in full.

Plaintiff's claims under the Americans with Disabilities Act and relating to his bonus and deductions from pay are dismissed without prejudice but also without leave to amend; and his retaliation claim are dismissed with prejudice and without leave to amend.

Signed by Judge Jennifer A. Dorsey on 12/13/2023. (Copies have been distributed pursuant to the NEF - AMMi) (Entered: 12/14/2023)

11/20/2023
  • Order
ORDER and REPORT AND RECOMMENDATION Re: ECF No. 6 .

ORDER - Plaintiffs claim under interference with his Family and Medical Leave Act rights may proceed.
Plaintiff's claim arising from alleged non-reinstatement following FMLA is dismissed without prejudice and with one additional opportunity to amend. Plaintiff's claim alleging a WARN Act violation be dismissed without prejudice and with one additional opportunity to amend.
Second Amended Complaint deadline: 12/22/2023.

REPORT AND RECOMMENDATION.
IT IS FURTHER RECOMMENDED that Plaintiffs claim under the American with Disabilities Act be dismissed without prejudice, but without leave to amend.
IT IS FURTHER RECOMMENDED that Plaintiffs claim relating to his bonus and deductions from pay be dismissed without prejudice, but without leave to amend.
IT IS FURTHER RECOMMENDED that Plaintiffs insufficiently and unidentified pleaded retaliation claims be dismissed with prejudice.
Objections to R&R due by 12/4/2023.
Signed by Magistrate Judge Elayna J. Youchah on 11/20/2023. (Copies have been distributed pursuant to the NEF - DLS) (Entered: 11/20/2023)

8/26/2023
  • Complaint
AMENDED COMPLAINT with Jury Demand against Tesla, Inc. by Michael Thomas Martinelli. No changes to parties. (Attachments: # 1 Exhibit A) (ALZ) (Entered: 08/28/2023)
8/9/2023
  • Order
ORDER adopting 4 Report and Recommendation. Plaintiff's claims under the California Whistleblower Protection Act and Nevada's False Claims Act are DISMISSED with prejudice; his claims under the Americans with Disabilities and Fair Labor Standards Acts and his claims based on federal whistleblower violations are dismissed without prejudice. Amended Complaint deadline: 8/29/2023. Signed by Judge Jennifer A. Dorsey on 8/9/2023. (Copies have been distributed pursuant to the NEF - CT) (Entered: 08/10/2023)
7/21/2023
  • OrderGranted
ORDER - Plaintiff's IFP Application (ECF No. 1 ) is GRANTED. Plaintiff's claim under the Family and Medical Leave Act may proceed.

REPORT AND RECOMMENDATION - IT IS HEREBY RECOMMENDED that Plaintiff's claim under the California Whistleblower Protection Act be dismissed with prejudice.
IT IS FURTHER RECOMMENDED that Plaintiffs' claim under the Nevada False Claims Act be dismissed with prejudice.
IT IS FURTHER RECOMMENDED that Plaintiffs claim under the Americans with Disabilities Act be dismissed without prejudice and with leave to amend.
IT IS FURTHER RECOMMENDED that Plaintiff's claim under the Fair Labor Standards Act be dismissed without prejudice and with leave to amend.
IT IS FURTHER RECOMMENDED that Plaintiffs' claim of federal whistleblower violations be dismissed without prejudice and with leave to amend.
IT IS FURTHER RECOMMENDED that Plaintiff be given through and including August 25, 2023 to file an amended complaint. If Plaintiff does not file an amended complaint on or before August 25, 2023, it is recommended the case proceed on claims identified in the Order above.
Objections to R&R due by 8/4/2023.

Signed by Magistrate Judge Elayna J. Youchah on 7/21/2023. (Copies have been distributed pursuant to the NEF - DLS) (Entered: 07/21/2023)

3/21/2023 EXHIBIT A to 1 Motion/Application for Leave to Proceed in forma pauperis by Plaintiff Michael Thomas Martinelli. (HAM) (Entered: 03/22/2023)
3/21/20232 CLERK'S NOTICE: Pursuant to Local Rule 16-6 this case has been assigned to the Early Neutral Evaluation Program. Magistrate Judge Nancy J. Koppe will be the evaluating judge in this case. (no image attached) (TRW) (Entered: 03/21/2023)
3/20/2023
  • Motion to Proceed in Forma Pauperis
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Michael Thomas Martinelli. (Attachments: # 1 Complaint, # 2 Civil Cover Sheet, # 3 Proposed Summons, # 4View Corrected Image at 3 : the original exhibit was password protected and appears blank. Exhibit )(TRW) (TRW). (Entered: 03/21/2023)
3/20/2023Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Elayna J. Youchah. (TRW) (Entered: 03/21/2023)