Case 2:23-cv-00358-ART-BNW Document 33 Filed 06/05/23 Page 1 of 3


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 7                              UNITED STATES DISTRICT COURT

 8                                     DISTRICT OF NEVADA

 9   ERIC ATANASOFF, Derivatively on Behalf of
     CLEANSPARK, INC.,
10                   Plaintiff,                        Case No.: 2:23-cv-00358-ART-BNW
11   v.                                                (Removal from District Court, Clark County,
12                                                     Nevada, Case No. A-23-866492-C)
     ZACHARY K. BRADFORD,
13   S. MATTHEW SCHULTZ, ROGER P.
     BEYNON, LARRY MCNEILL, and THOMAS
14   L. WOOD,                                          ORDER APPROVING
15                          Defendants,                STIPULATION TO RESET
16                                                     BRIEFING SCHEDULE FOR
     -and-                                             MOTION TO DISMISS
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     CLEANSPARK, INC., a Nevada Corporation,
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                            Nominal Defendant.
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20           Plaintiff Eric Atanasoff (“Plaintiff”), derivatively on behalf of Nominal Plaintiff
21   CleanSpark, Inc. (“CleanSpark”) and Defendants Zachary K. Bradford, S. Matthew Schultz,
22   Larry McNeill, Thomas L. Wood, Roger P. Beynon (the “Individual Defendants”), and Nominal
23   Defendant CleanSpark (together with the Individual Defendants, “Defendants”) (collectively,
24   with Plaintiff, the “Parties”), by and through their undersigned counsel, hereby enter into the
25   following stipulation and proposed order:
26           WHEREAS, on April 25, 2023 the Court granted the Stipulation to Set Briefing
27   Schedule for Motion to Dismiss (ECF No. 21)(the “Scheduling Order”);
28           WHEREAS, on May 5, 2023, Defendants filed their Motion to Dismiss or, in the
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     Case 2:23-cv-00358-ART-BNW Document 33 Filed 06/05/23 Page 2 of 3


 1   Alternative, to Stay the Action (the “Motion to Dismiss”) in accordance with the Scheduling

 2   Order; and

 3          WHEREAS, pursuant to the Scheduling Order, Plaintiff’s deadline to oppose the Motion

 4   to Dismiss is currently June 5, 2023; and

 5          WHEREAS, pursuant to the Scheduling Order, Defendants’ deadline to reply in support

 6   of the Motion to Dismiss is currently June 26, 2023

 7          WHEREAS, the parties now seek a short additional extension for both Plaintiff’s

 8   opposition and Defendants’ subsequent reply.

 9          NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by the Parties

10   hereto, through their undersigned counsel, subject to the approval of the Court, as follows:

11          1.        Plaintiff’s deadline to oppose the Motion to Dismiss is extended until on or before

12   June 12, 2023.

13          2.        Defendants’ deadline to reply in support of the Motion to Dismiss is extended

14   until on or before July 7, 2023.

15          3.        Other than as agreed herein, the Parties reserve all rights.

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17   DATED: June 1, 2023                                    DATED: June 1, 2023
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     FOX ROTHSCHILD LLP                                     ALDRICH LAW FIRM, LTD.
19
     s/ Mark J. Connot                                       s/ Catherine Hernandez
20   MARK J. CONNOT (10010)                                 JOHN P. ALDRICH (6877)
     COLLEEN E. MCCARTY (13186)                             CATHERINE HERNANDEZ (8410)
21   1980 Festival Plaza Drive, Ste. 700                    7866 West Sahara Avenue
22   Las Vegas, NV 89135                                    Las Vegas, Nevada 89117
     mconnot@foxrothschild.com                              jaldrich@johnaldrichlawfirm.com
23   cmccarty@foxrothschild.com                             chernandez@johnaldrichlawfirm.com
     Counsel for Defendants                                 Counsel for Plaintiff
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     Case 2:23-cv-00358-ART-BNW Document 33 Filed 06/05/23 Page 3 of 3


 1                                      IT IS SO ORDERED.
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                                        Anne R. Traum
 4                                      United States District Court Judge

 5                                      DATED: June 5, 2023
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