This document is a case summary from the 3rd District Court in Salt Lake County, Utah for case number 180903697 between Nikola Corporation, Bluegentech LLC, and Jonathan Spira. It details the filings and events in the case, including the complaint, motions to classify documents as private, a motion to dismiss hearing, and ultimately a notice of dismissal. The case involved declaratory relief and was dismissed with prejudice by Judge James Gardner.

1. 3RD DISTRICT COURT
SALT LAKE COUNTY, STATE OF UTAH
NIKOLA CORPORATION et al. vs. JONATHAN SPIRA
CASE NUMBER 180903697 Contracts **** PRIVATE ****
CURRENT ASSIGNED JUDGE
JAMES GARDNER
PARTIES
Plaintiff - NIKOLA CORPORATION
Represented by: DAVID WRIGHT
Represented by: PHILIP CORPER JAMES II
Plaintiff - BLUEGENTECH LLC
Represented by: DAVID WRIGHT
Represented by: PHILIP CORPER JAMES II
Defendant - JONATHAN SPIRA
Represented by: MARY ANN MAY
Represented by: DAVID REYMANN
ACCOUNT SUMMARY
Total Revenue Amount Due: 325.00
Amount Paid: 325.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: COMPLAINT 0K-2K
Original Amount Due: 75.00
Amended Amount Due: 75.00
Amount Paid: 75.00
Amount Credit: 0.00
Balance: 0.00
REVENUE DETAIL - TYPE: JURY DEMAND - CIVIL
Original Amount Due: 250.00
Amended Amount Due: 250.00
Amount Paid: 250.00
Amount Credit: 0.00
Balance: 0.00
CASE NOTE
08-26-2020 08:53 PM Page 1 of 4

2. PROCEEDINGS
05-31-2018 **** PRIVATE **** Filed: Complaint DECLARATORY RELIEF
05-31-2018 **** PUBLIC **** Case filed by efiler
05-31-2018 Fee Account created Total Due: 75.00
05-31-2018 Fee Account created
05-31-2018 Fee Account created Total Due: 250.00
05-31-2018 Fee Account created
05-31-2018 COMPLAINT 0K-2K 75.00
05-31-2018 JURY DEMAND - CIVIL 250.00
05-31-2018 Judge JAMES GARDNER assigned.
05-31-2018 Note: discovery tier set to 1
05-31-2018 **** PRIVATE **** Filed: Return of Electronic Notification
05-31-2018 **** PRIVATE **** Filed: Motion to Classify Complaint as
Private
05-31-2018 **** PRIVATE **** Filed: Order (Proposed) Classifying Complaint
as Private
05-31-2018 **** PRIVATE **** Filed: Return of Electronic Notification
05-31-2018 Note: Efiled order sent to judge
06-01-2018 **** PRIVATE **** Filed: Opposition to To Motion to Classify
Complaint as Private
06-01-2018 **** PRIVATE **** Filed: Return of Electronic Notification
06-01-2018 **** PRIVATE **** Filed: Appearance of Counsel/Notice of
Limited Appearance
06-01-2018 **** PRIVATE **** Filed: Return of Electronic Notification
06-04-2018 **** PRIVATE **** Filed: SUPPLEMENTAL RESPONSE TO MOTION TO
CLASSIFY COMPLAINT AS PRIVATE
06-04-2018 **** PRIVATE **** Filed: Return of Electronic Notification
06-11-2018 Note: Complaint has been classified as Private pending the
ruling on the Order Proposed to Classify filed by David Reymann
05/31/18
06-11-2018 **** PRIVATE **** Filed: Reply in Support of Motion to Classify
Complaint
06-11-2018 **** PRIVATE **** Filed: Return of Electronic Notification
06-12-2018 **** PRIVATE **** Filed: Request/Notice to Submit FOR DECISION
06-12-2018 **** PRIVATE **** Filed: Return of Electronic Notification
06-12-2018 Note: Efiled request to Submit sent to Judge Gardner's team.
06-12-2018 **** PRIVATE **** Filed order: Order Classifying Complaint as
Private
06-12-2018 **** PRIVATE **** Filed: Return of Electronic Notification
06-19-2018 **** PRIVATE **** Filed return: Acceptance of Service OF
COMPLAINT (Declaratory Relief) (Tier 2) upon EMAIL for
06-19-2018 **** PRIVATE **** Filed: Return of Electronic Notification
07-16-2018 **** PRIVATE **** Filed: Motion to Classify Motion to Dismiss
as Protected
07-16-2018 **** PRIVATE **** Filed: Motion to Dismiss
07-16-2018 **** PRIVATE **** Filed: Order (Proposed) Granting Motion to
08-26-2020 08:53 PM Page 2 of
CASE NUMBER: 180903697 Contracts **** PRIVATE ****
4

3. Classify Motion to Dismiss as Protected
07-16-2018 **** PRIVATE **** Filed: Return of Electronic Notification
07-16-2018 **** PRIVATE **** Filed: Other - Not Signed Order (Proposed)
Granting Motion to Classify Motion to Dismiss as Protected
07-16-2018 Note: A Request to Submit is required according to Rule 7
(civil) or Rule 26 (criminal), unless the Order is approved as
to form by all parties. Court will not hold Proposed Orders.
Once filed please resubmit the order.
07-16-2018 **** PRIVATE **** Filed: Return of Electronic Notification
08-02-2018 **** PRIVATE **** Filed: Exhibit List EXHIBITS 1 - 3
08-02-2018 **** PRIVATE **** Filed: Memorandum OPPOSING MOTION TO DISMISS
08-02-2018 **** PRIVATE **** Filed: Return of Electronic Notification
08-13-2018 **** PRIVATE **** Filed: Order (Proposed) Granting Motion to
Classify Motion to Dismiss as Protected
08-13-2018 **** PRIVATE **** Filed: Request/Notice to Submit Motion to
Classify Motion to Dismiss as Protected
08-13-2018 **** PRIVATE **** Filed: Return of Electronic Notification
08-13-2018 Note: Efiled order sent to judge
08-15-2018 **** PRIVATE **** Filed order: Order Granting Motion to
Classify Motion to Dismiss as Protected
08-15-2018 Note: Order modified.
08-15-2018 **** PRIVATE **** Filed: Return of Electronic Notification
08-23-2018 **** PRIVATE **** Filed: Motion to Classify as Private: (1)
Memorandum Opposing Motion to Dismiss; and (2) Reply in Support
of Motion to Dismiss
08-23-2018 **** PRIVATE **** Filed: Reply in Support of Motion to Dismiss
08-23-2018 **** PRIVATE **** Filed: Request/Notice to Submit for Decision:
Motion to Dismiss
08-23-2018 **** PRIVATE **** Filed: Return of Electronic Notification
08-24-2018 Note: Efiled request to submit sent to Judge Gardner team
08-24-2018 Note: Request to Submit sent to Judge for review.
08-29-2018 NOTICE for Case 180903697 ID 19392149
Judge: JAMES GARDNER
MOTION TO DISMISS is scheduled.
Date: 10/09/2018
Time: 02:00 p.m.
Location: West Jordan Room 33
8080 SOUTH REDWOOD ROAD
SUITE 1701
WEST JORDAN, UT 84088
Before Judge: JAMES GARDNER
Moving party to provide a complete set of Memoranda,
printed as double sided, to the Court one week prior to
hearing.
08-29-2018 MOTION TO DISMISS scheduled on October 09, 2018 at 02:00 PM in
West Jordan Room 33 with Judge JAMES GARDNER
08-26-2020 08:53 PM Page 3 of
CASE NUMBER: 180903697 Contracts **** PRIVATE ****
4

4. 08-29-2018 **** PRIVATE **** Filed: Notice for Case 180903697 CN: Judge
JAMES GARDNER
09-07-2018 **** PRIVATE **** Filed: Order (Proposed) Granting Motion to
Classify as Private: (1) Memorandum Opposing Motion to Dismiss;
and (2) Reply in Support of Motion to Dismiss
09-07-2018 **** PRIVATE **** Filed: Request/Notice to Submit Motion to
Classify as Private: (1) Memorandum Opposing Motion to Dismiss;
and (2) Reply in Support of Motion to Dismiss
09-07-2018 **** PRIVATE **** Filed: Return of Electronic Notification
09-07-2018 Note: Efiled order sent to judge
09-10-2018 **** PRIVATE **** Filed order: Order Granting Motion to
Classify as Private: (1) Memorandum Opposing Motion to Dismiss;
and (2) Reply in Support of Motion to Dismiss
09-10-2018 **** PRIVATE **** Filed: Return of Electronic Notification
09-26-2018 **** PRIVATE **** Filed: Attachments to NOTICE OF SUPPLEMETNAL
AUTHORITY
09-26-2018 **** PRIVATE **** Filed: NOTICE OF SUPPLEMENTAL AUTHORITY
09-26-2018 **** PRIVATE **** Filed: Return of Electronic Notification
10-02-2018 Note: Placed courtesy copies in Judge's box. eg
10-09-2018 Minute Entry - MOTION TO DISMISS
Judge: JAMES GARDNER
Clerk: brendak
PRESENT
Plaintiff's Attorney(s): DAVID C WRIGHT
Defendant's Attorney(s): DAVID C REYMANN
Audio
Tape Number: 33 Tape Count: 1:59-3:22
HEARING
1:59 on record.
This case comes before the Court for hearing on Defendant's
Motion to Dismiss.
Counsel for the parties present their arguments to the
Court.
The Court takes it's ruling under advisement.
3:22 end record.
10-12-2018 **** PRIVATE **** Filed order: Order on Motion to Dismiss
10-12-2018 Note: Case Classification changed from PUBLIC to PRIVATE
11-20-2018 **** PRIVATE **** Filed: Notice of Dismissal
11-20-2018 **** PRIVATE **** Filed: Return of Electronic Notification
11-21-2018 Case Disposition is Dismsd w prejudice
Disposition Judge is JAMES GARDNER
08-26-2020 08:53 PM Page 4 of
CASE NUMBER: 180903697 Contracts **** PRIVATE ****
4