Opinion
2:21-cv-01004-GMN-BNW
04-13-2023
IN RE CLEANSPARK, INC. DERIVATIVE LITIGATION, This Document Relates to: ALL ACTIONS.
WILK AUSLANDER LLP Jay S. Auslander Natalie Shkolnik Aari Itzkowitz Michael Van Riper Counsel for Defendants LEVERTY & ASSOCIATES LAW CHTD PATRICK R. LEVERTY Liaison Counsel for Plaintiffs THE BROWN LAW FIRM, P.C. Timothy Brown Co-Lead Counsel for Plaintiffs FOX ROTHSCHILD LLP MARK J. CONNOT COLLEEN E. MCCARTY Liaison Counsel for Defendants THE ROSEN LAW FIRM, P.A. Phillip Kim Co-Lead Counsel for Plaintiffs
WILK AUSLANDER LLP Jay S. Auslander Natalie Shkolnik Aari Itzkowitz Michael Van Riper Counsel for Defendants
LEVERTY & ASSOCIATES LAW CHTD PATRICK R. LEVERTY Liaison Counsel for Plaintiffs
THE BROWN LAW FIRM, P.C. Timothy Brown Co-Lead Counsel for Plaintiffs
FOX ROTHSCHILD LLP MARK J. CONNOT COLLEEN E. MCCARTY Liaison Counsel for Defendants
THE ROSEN LAW FIRM, P.A. Phillip Kim Co-Lead Counsel for Plaintiffs
JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT
Plaintiffs Andrea Ciceri and Mark Perna (“Plaintiffs”), 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, Roger P. Beynon (the “Individual Defendants”), and Nominal Defendant CleanSpark (together with the Individual Defendants, “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 the 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 to on or before February 2, 2023; and
WHEREAS, on February 2, 2023, the Court entered an order, based on the Parties' stipulation dated February 1, 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 24, 2023; and
WHEREAS, on February 24, 2023, the Court entered an order, based on the Parties' stipulation dated February 24, 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 to on or before March 8, 2023; and
WHEREAS, the Parties have been meeting and conferring, including by phone on January 13, 2023, February 24, 2023, March 6, 2023, March 29, 2023, April 10, 2023, and additional discussions thereafter, concerning a proposed scheduling order with respect to Defendants' response to the complaint; and
WHEREAS, the Parties agree to extend the deadline for Defendants to respond to the complaint until on or before April 20, 2023; and
WHEREAS, Defendants intend to move to dismiss in response to the complaint on or before April 20, 2023; and
WHEREAS, concurrently with the submission of this Stipulation and [proposed] Order Extending Time to Respond to the Complaint, the Parties are submitting a Stipulation and [proposed] Order Setting Briefing Schedule for Defendants' Motion to Dismiss.
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 respond to the Complaint is extended until on or before April 20, 2023.
2. Other than as agreed herein, the Parties reserve all rights.
IT IS SO ORDERED.