Source: https://www.gofundme.com/f/skabooshka-defense-fund
Sounds interesting.
Bob Wilson
by Lawrence Fossi, Organizer
July 19, 2019 Those following this case will recall that the Court, in a detailed written order on July 1, ordered both sides to produce "any photographic, audio or video recordings of the alleged incidents on February 21 and April 16, 2019." The Court required production on or before July 16, 2019. The Court denied Tesla's motion to exclude the press and public from any parts of the injunction hearing where the recordings were shown. Tesla then changed its legal counsel, and on July 10 filed a "Motion for Clarification or Partial Reconsideration of July 1 Discovery Order and for Protective Order."
Mr. Hothi filed an Opposition the next day. Among other things, Tesla sought to exclude from the Court's order the audio track made by a camera mounted inside the car. On July 16, Mr. Hothi produced to Tesla all of the photographic, audio, and video recordings in his possession regarding either incident. Tesla produced nothing, but had earlier agreed (in a July 12 written agreement) it would make production by close of business on the day after the Court made a ruling on its Motion for Clarification.
Yesterday, July 18, the Court issued a second carefully reasoned and detailed order, essentially confirming that Tesla must produce the photographic, audio, and video recordings. As to the April 16 incident, the Court confirmed the recordings were to include all recordings starting with the time the Model 3's occupants were first aware that Mr. Hothi's Acura was within 50 meters of the Tesla Model 3, and ending with the last time his Acura was more than 50 meters from the Model 3.
Noting that Tesla seemed to suggest in its Motion for Clarification that it was obligated to produce only the recordings from three cameras mounted on and in the Model 3, the Court made clear (citing legal authority) that Tesla's obligations also included the eight cameras integrated into the car and any cell phone cameras of the car's occupants. As to Tesla's claims that some of the recordings would reveal trade secrets or other information that was proprietary and confidential to Tesla, or would reveal information that was purely personal to the Model 3's occupants, the Court noted Tesla had provided no detail to substantiate its claims, but promised it would afford Tesla an opportunity to demonstrate those facts in a preliminary hearing it would conduct in chambers, outside the view of press or public.
As I mentioned earlier, Tesla had agreed in writing to produce the required materials by close of business today. Tesla has not done so. Tesla's counsel has declined to provide Mr. Hothi's counsel with any information or explanation for Tesla's failure to comply with the Court's July 1 and July 18 orders. Obviously, with the temporary injunction hearing scheduled for next Friday, July 26, Tesla's defiance of the Court's orders compromises Mr. Hothi's ability to prepare his defense.
More updates to follow as more becomes known. I once again convey the deep appreciation of Mr. Hothi and his legal counsel, D. Gill Sperlein, for the extraordinary generosity of all the contributors. Also, while we are immensely grateful for all contributions, we would note that we do NOT need any further contributions at this time. If that changes, I will post an update and a request for more assistance.
July 19, 2019 Those following this case will recall that the Court, in a detailed written order on July 1, ordered both sides to produce "any photographic, audio or video recordings of the alleged incidents on February 21 and April 16, 2019." The Court required production on or before July 16, 2019. The Court denied Tesla's motion to exclude the press and public from any parts of the injunction hearing where the recordings were shown. Tesla then changed its legal counsel, and on July 10 filed a "Motion for Clarification or Partial Reconsideration of July 1 Discovery Order and for Protective Order."
Mr. Hothi filed an Opposition the next day. Among other things, Tesla sought to exclude from the Court's order the audio track made by a camera mounted inside the car. On July 16, Mr. Hothi produced to Tesla all of the photographic, audio, and video recordings in his possession regarding either incident. Tesla produced nothing, but had earlier agreed (in a July 12 written agreement) it would make production by close of business on the day after the Court made a ruling on its Motion for Clarification.
Yesterday, July 18, the Court issued a second carefully reasoned and detailed order, essentially confirming that Tesla must produce the photographic, audio, and video recordings. As to the April 16 incident, the Court confirmed the recordings were to include all recordings starting with the time the Model 3's occupants were first aware that Mr. Hothi's Acura was within 50 meters of the Tesla Model 3, and ending with the last time his Acura was more than 50 meters from the Model 3.
Noting that Tesla seemed to suggest in its Motion for Clarification that it was obligated to produce only the recordings from three cameras mounted on and in the Model 3, the Court made clear (citing legal authority) that Tesla's obligations also included the eight cameras integrated into the car and any cell phone cameras of the car's occupants. As to Tesla's claims that some of the recordings would reveal trade secrets or other information that was proprietary and confidential to Tesla, or would reveal information that was purely personal to the Model 3's occupants, the Court noted Tesla had provided no detail to substantiate its claims, but promised it would afford Tesla an opportunity to demonstrate those facts in a preliminary hearing it would conduct in chambers, outside the view of press or public.
As I mentioned earlier, Tesla had agreed in writing to produce the required materials by close of business today. Tesla has not done so. Tesla's counsel has declined to provide Mr. Hothi's counsel with any information or explanation for Tesla's failure to comply with the Court's July 1 and July 18 orders. Obviously, with the temporary injunction hearing scheduled for next Friday, July 26, Tesla's defiance of the Court's orders compromises Mr. Hothi's ability to prepare his defense.
More updates to follow as more becomes known. I once again convey the deep appreciation of Mr. Hothi and his legal counsel, D. Gill Sperlein, for the extraordinary generosity of all the contributors. Also, while we are immensely grateful for all contributions, we would note that we do NOT need any further contributions at this time. If that changes, I will post an update and a request for more assistance.
Sounds interesting.
Bob Wilson