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