Opinion
2:21-cv-01004-GMN-BNW
02-02-2023
IN RE CLEANSPARK, INC. DERIVATIVE LITIGATION
WILK AUSLANDER LLP LEVERTY & ASSOCIATES LAW CHTD Jay S. Auslander PATRICK R. LEVERTY Natalie Shkolnik Reno Gould House Aari Itzkowitz THE BROWN LAW FIRM, P.C. FOX ROTHSCHILD LLP THE ROSEN LAW FIRM, P.A. Phillip Kim MARK J. CONNOT COLLEEN E. MCCARTY
WILK AUSLANDER LLP
LEVERTY & ASSOCIATES LAW CHTD
Jay S. Auslander
PATRICK R. LEVERTY
Natalie Shkolnik
Reno Gould House
Aari Itzkowitz
THE BROWN LAW FIRM, P.C.
FOX ROTHSCHILD LLP
THE ROSEN LAW FIRM, P.A.
Phillip Kim
MARK J. CONNOT
COLLEEN E. MCCARTY
JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO SUBMIT A PROPOSED SCHEDULE
BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE
Plaintiffs Andrea Ciceri and Mark Perna (“Plaintiffs”), both derivatively on behalf of Nominal Plaintiff CleanSpark, Inc. (“CleanSpark”) and Defendants Zachary K. Bradford, Lori L. Love, S. Matthew Schultz, Roger P. Beynon, Larry McNeill, Thomas L. Wood, and Nominal Defendant CleanSpark (“Defendants”) (collectively, with Plaintiffs, the “Parties”), by and through their undersigned counsel, hereby enter into the following stipulation and proposed order:
WHEREAS, on January 21, 2022, this Court issued an Order staying proceedings in this matter (the “Stay Order”); and
WHEREAS, the Stay Order provided that the stay of proceedings in this matter would be terminated upon, inter alia, denial in whole or in part of the then-anticipated motion to dismiss by all defendants in the securities class action currently pending before the Hon. Loretta Preska in the Southern District of New York, Bishins v. CleanSpark, Inc. et al., No. 21-cv-511 (LAP) (the “Securities Class Action”); and
WHEREAS, by Opinion & Order dated January 5, 2023, the court in the Securities Class Action denied defendants' motion to dismiss, thereby terminating the stay of proceedings in this matter; and
WHEREAS, the Stay Order further provided that the Parties meet and confer and submit a proposed scheduling order for the Court's approval within two weeks of the date that the stay of proceedings in this matter is lifted; and
WHEREAS, on January 20, 2023, the Court entered an order, based on the Parties' stipulation dated January 19, 2023, extending the deadline for the Parties to file either a proposed scheduling order or a notice updating the Court as to the progress of their meet and confer sessions on or before February 2, 2023; and
WHEREAS, the Parties have been meeting and conferring, including by phone on January 13, 2023 and additional discussions thereafter, but have not yet reached agreement on a proposed scheduling order; and
WHEREAS, the defendants' answer in the Securities Class Action is due to be filed on or before February 9, 2023, and the parties to the Securities Class Action are due to file their Rule 26(f) report on or before April 24, 2023;
IT IS HEREBY STIPULATED AND AGREED, by the Parties hereto, through their undersigned counsel, subject to the approval of the Court, as follows:
1. The Parties shall file either a proposed scheduling order or a notice updating the
Court as to the progress of their meet and confer sessions on or before February 24, 2023. Defendants need not respond to the operative complaint until the date set in the Court's scheduling order.
2. Other than as agreed herein, the Parties reserve all rights.
ORDER
IT IS SO ORDERED