Opinion
2:23-cv-00444-GMN-NJK
04-14-2023
TRAVIS FRANCE, Derivatively on behalf of Nominal Defendant CleanSpark, Inc. Plaintiff, v. ZACHARY K. BRADFORD, LORI L. LOVE, S. MATTHEW SCHULTZ, LARRY MCNEIL, THOMAS L. WOOD, AMER TADAYON, and ROGER P. BEYNON, Defendants,
ALDRICH LAW FIRM, LTD. JOHN P. ALDRICH Nevada Bar No. 6877 Local Counsel for Plaintiff JOHNSON FISTEL LLP Michael I. Fistel, Jr. Pro Hac Vice application pending, Attorney has complied with L.R. IA 11-2 Counsel for Plaintiff Travis France FOX ROTHSCHILD LLP MARK J. CONNOT (10010) COLLEEN E. MCCARTY (13186) Counsel for Defendants
(Removal from District Court, Clark County, Nevada, Case No. A-23-866925-C)
ALDRICH LAW FIRM, LTD. JOHN P. ALDRICH Nevada Bar No. 6877 Local Counsel for Plaintiff
JOHNSON FISTEL LLP Michael I. Fistel, Jr. Pro Hac Vice application pending, Attorney has complied with L.R. IA 11-2 Counsel for Plaintiff Travis France
FOX ROTHSCHILD LLP MARK J. CONNOT (10010) COLLEEN E. MCCARTY (13186) Counsel for Defendants
JOINT MOTION AND [PROPOSED] ORDER TO EXTEND DEADLINE TO FILE RESPONSIVE PLEADINGS TO DEFENDANTS' MOTION TO DISMISS (FIRST REQUEST)
On April 5, 2023, the Parties filed a joint stipulation providing for similar relief sought in this motion. (ECF No. 19). Pursuant to LR 7-1(b), “[n]o stipulations relating to proceedings before the court, except those set forth in Fed.R.Civ.P. 29, are effective until approved by the court.” As of the filing of this motion, the Parties' stipulation has not been granted or denied.
Plaintiff Travis France (“Plaintiff”), derivatively on behalf of nominal defendant CleanSpark, Inc. (“CleanSpark”), and defendants Zachary K. Bradford, Lori L. Love, S. Matthew Schultz, Larry McNeill, Thomas L. Wood, Amer Tadayon, Roger P. Beynon (the “Individual Defendants”), and nominal defendant CleanSpark (together with the Individual Defendants, “Defendants”) (collectively, with Plaintiff, the “Parties”), by and through their undersigned counsel, hereby submit this joint motion to extend the deadline to file a responsive pleadings to the Defendants' motions to dismiss as follows:
1. On March 8, 2023, Plaintiff filed a shareholder derivative complaint (the “Complaint”) on behalf of nominal defendant CleanSpark in the Eighth Judicial District Court of the State of Nevada in and for Clark County (“State Court”), captioned France v. Bradford, et al., Case No. A-23-866925-C (the “Action”).
2. On March 23, 2023, the Individual Defendants filed a Petition for Removal and Notice of Removal (ECF No. 1), removing this Action from State Court to the United States District Court for the District of Nevada.
3. On March 31, 2023, Plaintiff filed a Motion to Remand this Action back to the Eighth Judicial District Court of the State of Nevada in and for Clark County. (ECF No. 13).
4. On April 5, 2023, the Parties filed a joint stipulation providing for similar relief sought in this motion. (ECF No. 19). Pursuant to LR 7-1(b), “[n]o stipulations relating to proceedings before the court, except those set forth in Fed.R.Civ.P. 29, are effective until approved by the court.” As of the filing of this motion, the Parties' stipulation has not been granted or denied.
5. On April 11, 2023, Defendants Zachary K. Bradford, Lori L. Love, S. Matthew Schultz, and Amer Tadayon, joined by Larry McNeill, Thomas L. Wood, and Roger P. Beynon (ECF. No. 35), filed a Motion to Dismiss or, in the Alternative, to Stay the Action. (ECF No. 25). Further, Larry McNeill, Thomas L. Wood, and Roger P. Beynon filed a separate Motion to Dimiss. (ECF No. 34) (collectively, the “Motions”).
6. The Parties agree to extend the deadline for Plaintiff to oppose the Motions until on or before May 11, 2023.
7. The Parties agree to extend the deadline for Defendants' to reply in support of the Motions until on or before June 1, 2023.
ORDER
IT IS SO ORDERED.