Opinion
2:22-cv-01965-JAD-EJY
04-12-2023
PETER SCHULTZ, individually and as trustee of the SUNSHINE AND RAIN ASSET MANAGEMENT IRREVOCABLE TRUST, Plaintiff, v. AMERICAN BATTERY TECHNOLOGY COMPANY, INC., a Nevada Corporation; ACTION STOCK TRANSFER COMPANY, INC., a Utah Corporation, and DOES 1 to 10, Inclusive, Defendants. AMERICAN BATTERY TECHNOLOGY COMPANY, INC. a Nevada Corporation; Counterclaimant, v. PETER SCHULTZ, individually and as trustee of the SUNSHINE AND RAIN ASSET MANAGEMENT IRREVOCABLE TRUST, Counterdefendant.
BRADLEY G. TAYLOR GORDON REES SCULLY MANSUKHANI, LLP CHRISTOPHER B. QUEALLY (Admitted Pro Hac Vice) Attorneys for Plaintiff and Counterdefendant PETER SCHULTZ, individually and as Trustee of the SUNSHINE AND RAIN ASSET MANAGEMENT IRREVOCABLE TRUST DICKINSON WRIGHT PLLC MICHAEL N. FEDER GABRIEL A. BLUMBERG Attorneys for Defendant and Counterclaimant AMERICAN BATTERY TECHNOLOGY COMPANY, INC.
BRADLEY G. TAYLOR
GORDON REES SCULLY MANSUKHANI, LLP
CHRISTOPHER B. QUEALLY (Admitted Pro Hac Vice)
Attorneys for Plaintiff and Counterdefendant PETER SCHULTZ, individually and as Trustee of the SUNSHINE AND RAIN ASSET MANAGEMENT IRREVOCABLE TRUST
DICKINSON WRIGHT PLLC
MICHAEL N. FEDER
GABRIEL A. BLUMBERG
Attorneys for Defendant and Counterclaimant AMERICAN BATTERY TECHNOLOGY COMPANY, INC.
STIPULATION EXTENDING TIME TO SERVE COMPLAINT ON DEFENDANT ACTION STOCK TRANSFER COMPANY, INC. AND FILE PROOF OF SERVICE; AND [PROPOSED] ORDER
1. WHEREAS Plaintiff Peter Schultz, individually and as trustee of the Sunshine and Rain Asset Management Irrevocable Trust (“Plaintiff”) filed this action on November 22, 2022 and named as a defendant Action Stock Transfer Corporation (“AST”), alleged to be a Utah entity.
2. WHEREAS Plaintiff has alleged AST was the stock transfer agent of co-defendant American Battery Technology Corporation (“ABTC”) at all relevant times.
3. WHEREAS ABTC has admitted in paragraph 17 of its Answer to the Complaint that AST did remove the restrictive legend on certain shares of stock issued by ABTC.
4. WHEREAS the Court issued a Notice of Intent to Dismiss AST on March 13, 2023, setting the deadline for filing a proof of service on AST as April 12, 2023.
5. WHEREAS Plaintiff asserts it has diligently attempted to serve AST but as yet has been unable to effect service of process, including attempting to serve AST at its address for its agent for service of process and its headquarters in Utah on February 16, 2023, where the process server was told by the individual at the address that such individual could not accept service because AST had been taken over by Securities Transfer Corporation of Texas, and thereafter on March 29, 2023, Plaintiff asserts it attempted to serve Securities Transfer Corporation at its headquarters in Plano, Texas and the individual in the office refused to accept service and represented to the process server it was only an asset sale and not a merger.
6. WHEREAS based on the foregoing, Plaintiff needs additional time to investigate the issue and effect service properly.
IT IS NOW THEREFORE AGREED AND STIPULATED TO THAT:
1. The deadline for Plaintiff Peter Schultz, individually and as trustee of the Sunshine and Rain Asset Management Irrevocable Trust to effect service of process and file a proof of service is extended to April 26, 2023.
IT IS SO ORDERED.