Ciceri v. Bradford — Entry #94: ORDER granting 93 Stipulation to Extend Stay

Case 2:21-cv-01004-GMN-BNW            Document 94       Filed 10/28/24      Page 1 of 3


 1    HOWARD & HOWARD ATTORNEYS PLLC
      Robert Hernquist, Nevada Bar No. 10616
 2    James Kohl, Nevada Bar No. 5692
      rwh@h2law.com
 3    Wells Fargo Tower, Suite 1000
 4    3800 Howard Hughes Parkway
      Las Vegas, Nevada 89169-5980
 5    Telephone: (702) 257-1483
      Facsimile: (702) 567-1568
 6
      KAPLAN RICE LLP
 7
      Howard J. Kaplan, Admitted Pro Hac Vice
 8    Michelle A. Rice, Admitted Pro Hac Vice
      142 W. 57th Street, Suite 4A
 9    New York, New York 10019
      hkaplan@kaplanrice.com
10    mrice@kaplanrice.com
      Attorneys for Intervenor Special Litigation
11
      Committee of CleanSpark, Inc.
12

13                               UNITED STATES DISTRICT COURT

14                                       DISTRICT OF NEVADA

15
       IN RE CLEANSPARK, INC.                           Case No. 2:21-cv-01004-GMN-BNW
16     DERIVATIVE LITIGATION,
                                                        STIPULATION AND ORDER TO
17     This Document Relates to:                        EXTEND STAY
18
       ALL ACTIONS
19

20           The Intervenor Special Litigation Committee of CleanSpark, Inc. (“SLC”), Plaintiffs

21    Andrea Ciceri and Mark Perna (“Plaintiffs”) and Defendants Zachary K. Bradford, Lori L. Love,

22    S. Matthew Schultz, Larry McNeill, Thomas L. Wood, Roger P. Beynon, and Nominal Defendant

23    CleanSpark (“Defendants”, and collectively with Plaintiffs, the “Parties”) in this matter, by and

24    through their respective undersigned counsel, hereby enter into the following stipulation and

25    proposed order:

26           WHEREAS, on October 9, 2023, the SLC moved to intervene in the above-captioned

27     consolidated federal derivative action and moved to stay the action pending the completion of the

28     SLC investigation. (ECF 75 & 76).
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     Case 2:21-cv-01004-GMN-BNW            Document 94        Filed 10/28/24      Page 2 of 3


 1           WHEREAS, on October 23, 2023, this Court granted SLC’s motions to intervene and stay
 2     the above-captioned consolidated federal derivative action. (ECF 79).
 3           WHEREAS, on September 18, 2024, this Court ordered that the parties shall have until
 4     October 16, 2024 to file a motion or stipulation addressing whether the stay should be lifted.
 5     (ECF 91).
 6           WHEREAS, on October 16, 2024, the SLC filed its Motion To Defer To The Special
 7     Litigation Committee’s Determination That The Claims Should Be Dismissed (“Motion to
 8     Defer”) and further moved to have the stay extended until the Court determines its Motion to
 9     Defer. (ECF 92). The current deadline for any responses to that motion is October 30, 2024.
10           WHEREAS, the parties are currently in the process of negotiating the terms of a stipulated
11     protective order regarding the SLC’s Report and exhibits referenced therein and the parties intend
12     to meet and confer concerning a protocol for further proceedings in this matter and whether a
13     further stay is appropriate.
14           IT IS SO AGREED AND STIPULATED, by the Parties hereto, through their
15    undersigned counsel, subject to the approval of the Court as follows:
16           1.      The stay be extended up to and including November 22, 2024.
17           2.      Prior to November 22, 2024, the Parties will submit a status update to the Court,
18    and if appropriate a proposed schedule for further proceedings.
19           3.      That Plaintiffs’ current response deadline to the SLC’s Motion to Defer is hereby
20    vacated and that the Parties will instead met and confer and then submit a proposed briefing
21    schedule to the Court.
22    ///
23    ///
24    ///
25    ///
26    ///
27    ///
28
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Case 2:21-cv-01004-GMN-BNW   Document 94   Filed 10/28/24   Page 3 of 3