Opinion
2:23-cv-00315-JAD-NJK
04-05-2023
NICHOLAS IRACI, Derivatively on Behalf of CLEANSPARK, INC., Plaintiff, v. ZACHARY K. BRADFORD, LORI L. LOVE, S. MATTHEW SCHULTZ, ROGER P. BEYNON, LARRY MCNEILL, and THOMAS L. WOOD, Defendants,
FOX ROTHSCHILD LLP MARK J. CONNOT COLLEEN E. MCCARTY Counsel for Defendants ALDRICH LAW FIRM, LTD. JOHN P. ALDRICH CATHERINE HERNANDEZ Counsel for Plaintiffs
(Removal from District Court, Clark County, Nevada, Case No. A-23-866172-C)
FOX ROTHSCHILD LLP MARK J. CONNOT COLLEEN E. MCCARTY Counsel for Defendants
ALDRICH LAW FIRM, LTD. JOHN P. ALDRICH CATHERINE HERNANDEZ Counsel for Plaintiffs
JOINT STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT
ECF NO. 21
Plaintiff Nicholas Iraci (“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, 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 stipulation and proposed order:
WHEREAS, on February 24, 2023, Plaintiff filed a shareholder derivative complaint (the “Complaint”) on behalf of Nominal Plaintiff CleanSpark in the Eighth Judicial District Court of the State of Nevada in and for Clark County (the “State Court”), captioned Iraci v. Bradford, et al., Case No. A-23-866172-C (this “Action”); and
WHEREAS, on February 28, 2023, the Defendant S. Matthew Schultz filed a Petition for Removal (Dkt. 1) and Notice of Removal, 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”) (Dkt. 15); and
WHEREAS, on March 30, 2023, Plaintiff filed the Motion to Remand and for Attorney's Fees and Costs, which has been noticed for consideration by the Court in the normal course (the “Motion to Remand”) (Dkt. 16); and
WHEREAS, Defendants intend to move to dismiss the Complaint in this Action; and
WHEREAS, the Parties agree to extend the deadline for Defendants to respond to the Complaint until on or before April 24, 2023.
WHEREAS, the Parties agree to extend the deadline for Plaintiff to oppose any motion to dismiss the Complaint that Defendants file until on or before May 24, 2023.
WHEREAS, the Parties agree to extend the deadline for Defendants to reply in support of any motion to dismiss the Complaint until on or before June 14, 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 respond to the Complaint is extended until on or before April 24, 2023.
2. Plaintiff's deadline to oppose any motion to dismiss the Complaint that Defendants file is extended until on or before May 24, 2023.
3. Defendants' deadline to reply in support of any motion to dismiss the Complaint that Defendants file is extended until on or before June 14, 2023.
4. Other than as agreed herein, the Parties reserve all rights.
IT IS SO ORDERED.