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Mawson Infrastructure Group, Inc. v. CleanSpark, Inc. — Entry #52

Case: Mawson Infrastructure Group, Inc. v. CleanSpark, Inc. nysd · 1:24-cv-05379

filed July 16, 2024

What this document is

Docket entry #52 · filed April 24, 2026

Who is involved

Why we have it

We follow this case because a company we track is a party: CleanSpark (listed as “CleanSpark, Inc.”). We checked the full party list on September 05, 2026 and confirmed the match.

A free copy from the RECAP archive of federal court filings (mirrored at the Internet Archive), retrieved September 05, 2026. Federal court filings are public records.

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Case 1:24-cv-05379-LTS-GWG                  Document 52          Filed 04/24/26        Page 1 of 3


  Aari Itzkowitz
                                          MEMORANDUM ENDORSED.
  Partner
  646-375-7660
  aitzkowitz@wilkauslander.com


  April 23, 2026


  VIA ECF

  Hon. Gabriel W. Gorenstein
  United States Magistrate Judge
  United States District Court
  Southern District of New York
  Thurgood Marshall United States Courthouse
  40 Foley Square, Room 519
  New York, NY 10007

  Re: Mawson Infrastructure Group, Inc. et al. v. CleanSpark, Inc. et al., Case No. 1:24-cv-5379-LTS-GWG

  Hon. Judge Gorenstein:

            We represent defendants CleanSpark, Inc. and CSRE Properties Sandersville, LLC (collectively,
  “Defendants”) in the above-captioned matter. Pursuant to Rule 1.E of Your Honor’s Individual Rules &
  Practices, we write to request that the Court extend certain deadlines contained in the current case
  scheduling order, which the Court so-ordered on October 23, 2025 (ECF No. 37) (the “Scheduling Order”).
  Plaintiffs Mawson Infrastructure Group, Inc. (“Mawson”) and Luna Squares, LLC (collectively, “Plaintiffs”)
  do not object to Defendants’ request.

             The parties have not previously requested an extension of any of the deadlines in the Scheduling
  Order.

             The parties respectfully request that the Court extend the deadlines in the Scheduling Order as
  follows:

                Current Case Deadline                               Proposed Amended Deadline
   All non-expert discovery shall be commenced in         All non-expert discovery shall be commenced in
   time to be completed by May 25, 2026.                  time to be completed by August 25, 2026.

   Expert disclosures as required by Rule                 Expert disclosures as required by Rule
   26(a)(2)(A), (B) or (C), including identities and      26(a)(2)(A), (B) or (C), including identities and
   reports of experts, if any, shall be made by June      reports of experts, if any, shall be made by
   15, 2026.                                              September 15, 2026.

   Any requests for admission shall be served by          Any requests for admission shall be served by
   June 25, 2026.                                         September 25, 2026.


825 Eighth Avenue Suite 2900 New York, NY 10019
212.981.2300 | Fax 212.752.6380                                                                wilkauslander.com


     Case 1:24-cv-05379-LTS-GWG                     Document 52
                                                             51           Filed 04/24/26
                                                                                04/23/26          Page 2 of 3


Hon. Gabriel W. Gorenstein
April 23, 2026
Page 2

 The disclosure of expert evidence intended by a            The disclosure of expert evidence intended by a
 party solely to contradict or rebut expert evidence        party solely to contradict or rebut expert evidence
 on the same subject matter disclosed by the                on the same subject matter disclosed by the
 opposing party shall be made by July 6, 2026.              opposing party shall be made by October 6, 2026.

 Expert discovery shall be completed by August              Expert discovery shall be completed by November
 14, 2026.                                                  16, 2026.

 On or before August 14, 2026, the parties shall file       On or before November 16, 2026, the parties shall
 a letter to the Court indicating whether they plan         file a letter to the Court indicating whether they
 to file a summary judgment motion. (It is not              plan to file a summary judgment motion. (It is not
 necessary to describe the basis for such a                 necessary to describe the basis for such a
 motion.)                                                   motion.)


         Good cause exists to grant the requested extension.

         Most importantly, the parties have recently held preliminary and productive discussions concerning
resolving the current dispute, but would greatly benefit from additional time to further these efforts before
incurring the substantial expense of numerous upcoming depositions. This is particularly important here
given that Mawson just recently made significant changes to its senior management and board of directors,
who will need time to more fully familiarize themselves with this matter in connection with any resolution.

         Good cause also exists to grant the requested extension for the following additional reasons:

        First, at least two of Plaintiffs’ former employees – Mawson’s former CEO and its former General
Counsel – are crucial witnesses, each of whom is believed to reside in Australia. Defendants only recently
obtained their addresses, which are necessary to effect service abroad.1 Accordingly, additional time is
needed to subpoena these individuals for a deposition through the proper channels, which could potentially
take months to complete.

        Second, the parties only recently completed their document productions and Defendants require
additional time to review the production and assess whether any third-party document discovery is
necessary.

        Third, apart from the above issues, there is insufficient time remaining in the discovery schedule to
complete fact depositions. Plaintiffs intend to depose at least seven fact witnesses, and Defendants expect
to depose at least eight fact witnesses. It would be extremely challenging to complete all of these
depositions by May 25, 2026, the current fact discovery cutoff, even under ordinary circumstances, but
Defendants’ counsel also has numerous other depositions scheduled in other matters through at least the
middle of May, as well as several other motions due during this same time.

         We appreciate the Court’s consideration of this request.

                                                                         Respectfully submitted,


1 Mawson’s former CEO has stated that he will not appear for a deposition voluntarily, necessitating service in

Australia. Defendants have not yet reached Mawson’s former General Counsel.


       Case 1:24-cv-05379-LTS-GWG    Document 52
                                              51    Filed 04/24/26
                                                          04/23/26      Page 3 of 3


   Hon. Gabriel W. Gorenstein
   April 23, 2026
   Page 3

                                                   WILK AUSLANDER LLP


                                                   By: _____/s/ Aari Itzkowitz_________

                                                      Jay S. Auslander
                                                      Aari Itzkowitz
                                                      James R. Alicea
                                                      Worldwide Plaza
                                                      825 Eighth Avenue, Suite 2900
                                                      New York, NY 10019
                                                      Phone: (212) 981-2300
                                                      jauslander@wilkauslander.com
                                                      aitzkowitz@wilkauslander.com
                                                      jalicea@wilkauslander.com

                                                      Attorneys for Defendants


The proposed schedule is approved.

So Ordered.


  April 24, 2026