Opinion
2:23-cv-00445-GMN-BNW A-23-866051-C
04-16-2023
BRANDON SMITH, Derivatively on Behalf of CLEANSPARK, INC., Plaintiff, v. ZACHARY K. BRADFORD, LORI L. LOVE, S. MATTHEW SCHULTZ, LARRY MCNEILL, THOMAS L. WOOD, and ROGER P. BEYNON, Defendants, and CLEANSPARK, INC., a Nevada Corporation, Nominal Defendant.
FOX ROTHSCHILD LLP MARK J. CONNOT COLLEEN E. MCCARTY Counsel for Defendants. MUEHLBAUER LAW OFFICE, LTD. ANDREW R. MUEHLBAUER Counsel for Plaintiff.
FOX ROTHSCHILD LLP MARK J. CONNOT COLLEEN E. MCCARTY Counsel for Defendants.
MUEHLBAUER LAW OFFICE, LTD. ANDREW R. MUEHLBAUER Counsel for Plaintiff.
JOINT STIPULATION AND ORDER ADJOURNING TIME TO RESPOND TO MOTION TO CONSOLIDATE
Plaintiff Brandon Smith (“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 21, 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 Smith v. Bradford, et al., Case No. A-23-866051-C (this “Action”); and
WHEREAS, on March 23, 2023, the Individual Defendants filed a Petition for Removal and Notice of Removal (Dkt. No. 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 (Dkt. No. 5) 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”); and
WHEREAS, the Parties agree to extend the deadline for Plaintiff to oppose the Motion to Consolidate (Dkt. No. 6) until on or before April 17, 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. Plaintiff's deadline to oppose the Motion to Consolidate is extended until on or before April 17, 2023.
2. Other than as agreed herein, the Parties reserve all rights.
IT IS SO ORDERED.