Case 1:24-cv-09253-CM-JW Document 90 Filed 06/15/26 Page 1 of 3 Case 1:24-cv-09253-CM-JW Document 89 Filed 06/05/26 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK l .. MARK LEO E, Individually and on Behalf of All Others Similarly Situated, Plaintiff, C.A. No. 1:24-cv-9253-CM V. Plaintiff must file a motion for preliminary approval of ASP ISOTO PES INC ., PAULE. MANN , the settlement by July 7, 2026. If no such motion is and HEATH ER KI ESSLING, timely filed, the parties must file a report with the court explaining why. The court will then set a date for filing Defendants . - ~- ,......._ such , ~~ JOINT STATUS REPORT REGARDING SETTLEMENT ~ Lead Plaintiff Mark Leone (" Plaintiff'), Defendant ASP Isotopes Inc. ("ASPI "), and Defendant Pau l Mann ("Mann," together with ASPI , " Defendants," and together with Plaintiff, the " Parties"), by and through their unde rsigned counsel , jointly write to update the Court regarding their agreement in principle to resolve all claims in this action, pursuant to the Joint Stipulation and Order Stay ing All Proceedings Pending Settlement which the Court so-ordered on April 6, 2026. See ECF No. 85. The Parties have been diligently negotiating the Stipulation and Agreement of Settlement and several documents re lated thereto, including the proposed Preliminary Approval Order, Long Notice , Summary Notice, Postcard Notice, Claim Form, Judgment, and Supplemental Agreement. These documents are subject to review by several constituencies, including Defendants ' D&O Carriers. Plaintiff has al so consulted with a damages expert to draft the proposed plan of allocation, and retai ned a claims administrator (subject to Court approval) after a competitive bidding process. Case 1:24-cv-09253-CM-JW Document 90 Filed 06/15/26 Page 2 of 3 Case 1:24-cv-09253-CM-JW Document 89 Filed 06/05/26 Page 2 of 3 Having met and conferred, the Parties believe that additional time is needed to complete and finali ze the settlement documentation and related materials necessary for the filing of the Motion for Preliminary Approval. The Parties anticipate being able to file the Motion for Preliminary Approval by Tuesday July 7, 2026. Accordingly, the Parties respectfully request that the Court order Plaintiff to file the Motion for Preliminary Approval by July 7, 2026, or, if the Parties are unable to meet that deadline, that the Parties jointly provide the Court with a status update at that time. Dated: June 5, 2026 GLANCY PRONGAY WOLKE & MORGAN, LEWIS & BOCKIUS LLP ROTTER LLP By : Isl Garth Spencer By: Isl Michael D. Blanchard Garth Spencer (GS-7623 ) Michael D. Blanchard Joseph D. Cohen (pro hac vice) Christopher M. Wasi 1 Amir A. Solei manpour (pro hac vice) One State Street Hartford , CT 06103 1925 Centu ry Park East, Suite 21 00 (860) 240-2700 Los Angeles, CA 90067 michael.blanchard@morganlewis.co m Telephone: (3 10) 201-91 50 christopher. was il@morgan lewis.co m gspencer@glancylaw.com jcohen@glancylaw.com Michael L. Kichline asoleimanpour@glancylaw.com Laura Hughes McNally Karen Pieslak Pohlmann John C. Roberts Jr. (pro hac vice) 2222 Market Street P.O. Box I 0249 Philadelphia, PA 19103 Bainbridge Island , WA 98 110 (215) 963-5000 Telephone: (31 2) 961-883 2 michael .kichline@morganlewis.com jroberts@g lancylaw.com laura.mcnal ly@morganlewis.com karen.pohlmann@morganlewis.com Counsel for Plaintiff Mark Leone and the Class Brian A. Herman 101 Park Avenue New York, NY 10178 (212) 309-6000 brian.herman@morganlewis.com Attorneys for Defendants ASP Isotopes Inc. and Paul E. Mann -2- Case 1:24-cv-09253-CM-JW Document 90 Filed 06/15/26 Page 3 of 3 Case 1:24-cv-09253-CM-JW Document 89 Filed 06/05/26 Page 3 of 3 SO ORDERED. DATED: - - - - -- -, 2026 The Honorable Colleen McMahon United States District Court Judge -3-