Opinion
2:23-cv-00444-GMN-NJK
04-16-2023
TRAVIS FRANCE, Derivatively on Behalf of CLEANSPARK, INC., Plaintiff, v. ZACHARY K. BRADFORD, LORI L. LOVE, S. MATTHEW SCHULTZ, LARRY MCNEILL, THOMAS L. WOOD, AMER TADAYON, and ROGER P. BEYNON, Defendants, and CLEANSPARK, INC., a Nevada Corporation, Nominal Defendant.
MARK J. CONNOT (10010) COLLEEN E. MCCARTY (13186) FOX ROTHSCHILD LLP COUNSEL FOR DEFENDANTS ZACHARY K. BRADFORD, LORI L. LOVE, S.MATTHEW SCHULTZ, ROBERT P. BEYNON, LARRY MCNEILL, AMER TADAYON, AND THOMAS L. WOOD, AND NOMINAL DEFENDANT CLEANSPARK, INC. ALDRICH LAW FIRM, LTD. /s/John P. Aldrich JOHN P. ALDRICH (6877) CATHERINE HERNANDEZ (8410) JOHNSON FISTEL LLP Michael I. Fistel, Jr. Counsel for Plaintiff Travis France
MARK J. CONNOT (10010) COLLEEN E. MCCARTY (13186) FOX ROTHSCHILD LLP COUNSEL FOR DEFENDANTS ZACHARY K. BRADFORD, LORI L. LOVE, S.MATTHEW SCHULTZ, ROBERT P. BEYNON, LARRY MCNEILL, AMER TADAYON, AND THOMAS L. WOOD, AND NOMINAL DEFENDANT CLEANSPARK, INC.
ALDRICH LAW FIRM, LTD. /s/John P. Aldrich JOHN P. ALDRICH (6877) CATHERINE HERNANDEZ (8410)
JOHNSON FISTEL LLP Michael I. Fistel, Jr. Counsel for Plaintiff Travis France
JOINT STIPULATION AND ORDER EXTENDING TIME TO REPLY TO OPPOSITION TO MOTION TO CONSOLIDATE
Plaintiff Travis France (“Plaintiff”), derivatively on behalf of Nominal Plaintiff 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 enter into the following joint stipulation and proposed order:
WHEREAS, 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 (this “Action”); and
WHEREAS, on March 23, 2023, the Individual Defendants filed a Petition for Removal and Notice of Removal (Dkt. 1), removing this Action from State Court to the United States District Court for the District of Nevada; and
WHEREAS, on March 24, 2023, the Individual Defendants filed a Motion to Consolidate, asking the Court to consolidate this Action into the consolidated shareholder derivative action pending in the United States District Court for the District of Nevada, In re CleanSpark, Inc. Derivative Litigation, Case No. 2:21-cv-01181-GMN-BNW (the “Motion to Consolidate”) (ECF No. 10); and
WHEREAS, on March 31, 2023, Plaintiff filed the Motion to Remand and Incorporated Memorandum of Law, which has been noticed for consideration by the Court in the normal course (the “Motion to Remand”); and
WHEREAS, on April 7, 2023, Plaintiff filed the Opposition to Defendants' Motion to Consolidate (“Opposition”);
WHEREAS, to ensure judicial and party economy, the Parties agree to extend the deadline for Defendants to reply to the Opposition until on or before April 24, 2023.
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by the Parties hereto, through their undersigned counsel, subject to the approval of the Court, as follows:
1. Defendants' deadline to reply to the Opposition is extended until on or before April 24, 2023.
2. Other than as agreed herein, the Parties reserve all rights.
ORDER
IT IS SO ORDERED.