BCB Cheyenne LLC v. MineOne Wyoming Data Center LLC — Entry #384: OPPOSITION to 368 Motion to Quash filed by Defendants MineOne Partners LLC, MineOne Wyoming Data Center LLC, Terra Crypto Inc

Case: BCB Cheyenne LLC v. MineOne Wyoming Data Center LLC wyd · 1:23-cv-00079

filed May 03, 2023

What this document is

Docket entry #384 · filed October 07, 2024

OPPOSITION to 368 Motion to Quash filed by Defendants MineOne Partners LLC, MineOne Wyoming Data Center LLC, Terra Crypto Inc. (Attachments: # 1 Exhibit A - Notice of Intent to Serve Subpoena, # 2 Exhibit B - Email Transmittal of Subpoena to JWJ Technology LLC, # 3 Exhibit C - 08-26-24 Letter to P Murphy re 08-22 Order, # 4 Exhibit D - 07-23-24 P. Murphy Deposition Schedule Ltr, # 5 Exhibit E - 08-16-24 P. Murphy Ltr to Judge Hambrick Excerpts, # 6 Exhibit F - 08-22-24 P. Murphy Ltr re Deposition Scheduling Conferral, # 7 Exhibit G - 07-25-24 - BCB Fourth Supplemental Rule 26 Disclosures) (Colbath, Paula) (Entered: 10/07/2024)

Who is involved

BCB Cheyenne LLC
Bit Origin Ltd
Bitmain Technologies Georgia Limited
Bitmain Technologies Holding Company
MineOne Partners LLC
MineOne Wyoming Data Center LLC
SonicHash LLC
Terra Crypto Inc

Why we have it

We follow this case because it names a company we track, although that company is not a party:

TeraWulf: its name “TeraWulf” appears in a filing in this case.
…7/14/2023 Meten Holding 200 S19J PRO $400,000 7/18/23 TeraWulf (WULF) 18,500 S19J XP $75,400,000 10/6/2023 Iris…
CleanSpark: its subsidiary “CSRE Properties Wyoming, LLC” appears in a filing in this case.
…Center LLC, CleanSpark, Inc., and CSRE Properties Wyoming, LLC, (a wholly owned subsidiary of…

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Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 1 of 14

EXHIBIT E

Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 2 of 14

Patrick J. Murphy
Physical: 159 N. Wolcott St. Suite 400
Casper, WY 82601
Phone: 307-265-0700
Mailing: PO Box 10700
Casper, WY 82602
[email protected]

August 16, 2024

VIA E-MAIL ONLY
Honorable Stephanie Hambrick
United States Magistrate Judge
Yellowstone Justice Center
105 Albright Avenue
Mammoth, WY 82190

Re: BCB Cheyenne LLC v. MineOne et al; Civil No. 23-CV-79-ABJ; Topics
for the 8/19/24 Informal Discovery Conference

Dear Judge Hambrick:

I write to respond to MineOne’s recent letters about issues for our two-hour informal
discovery conference on Monday, August 19, 2024. What follows are: (1) the most relevant and
timely issues BCB wants the Court to address, including Defendants’ refusal to schedule
depositions with the key personnel listed below, and (2) BCB’s position and rebuttal to the many
issues raised by the MineOne Defendants in their multiple letters to Your Honor.

I. THE ISSUES BCB NEEDS THE COURT TO ADDRESS

A. Defendants Are Blocking and Refusing to Schedule Depositions for
Their Key Personnel: Chong Wang, Jiaming Li, Huaili Zhang, Micree
Zhan, Ran Chang, Nuolin Li.

Defendants are owned and operated by Chinese nationals. This is undisputed. These
individuals – Chong Wang, Jiaming Li, Huaili Zhang (MineOne and Bit Origin), and Micree Zhan,
Ran Chang, and Nuolin Li (Bitmain) – are each highly relevant to BCB’s claims and possess
unique knowledge and information critical to this case. But, instead of making their clients and
key executives and decision makers available for deposition, Defendants have given a litany of
excuses to deny and block BCB from deposing these individuals over Zoom. Instead of providing
these individuals’ WeChat communications, they have refused to produce them (see BCB’s
7/10/24 First Motion for Sanctions).

Page 1

Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 3 of 14

Patrick Murphy’s Letter re: the
8/19/24 Informal Discovery Conference
Civil No. 23-CV-79
_________________________________________________________________________________________________________

Never in my 44-year legal career, Your Honor, have I seen anything like this, where, as
here, there are a group of foreign individuals critical to the facts in this case, and none of them –
not one – is being made available for deposition. And, I have tried to schedule these depositions.
I’ve written multiple conferral letters (with thoughtful deposition schedules). “Exhibit 1” shows
the most recent deposition scheduling correspondence between the Parties. I’ve also tried to
schedule meet and confer conference calls to schedule depositions, and all I get is excuses, delay
and blocking tactics, and various objections about these individuals being “in China” and how they
can’t be deposed “because of Chinese laws” or how these individuals are not relevant (when we
know they are).
But, this case is filed in the United States.
And now, Defendants are claiming they want to extend discovery. Extend discovery? After
sixteen months of this? As you’ll see below, Defendants don’t want to conduct actual meaningful
discovery, they want to overwhelm BCB, harass BCB, block BCB’s depositions while they try to
extend discovery to do more of their own depositions, and, ultimately, do everything they can to
increase BCB’s litigation costs. They know full well that by extending discovery it allows them
more time to harass BCB and increase BCB’s costs. The Court already extended the discovery
cutoff one time, but the Defendants have not availed themselves of the opportunity to take any
depositions during the extended discovery period. The Court should not further extend the
September 17, 2024 discovery cutoff date. And the Court should also order that the Defendants’
representatives appear, by Zoom, to give BCB their deposition testimony.

What follows are the only depositions BCB would like to take (and all easily before the
September 17, 2024 discovery cutoff).

● Chong Wang, MBA (MineOne, Terra, Bit Origin) August 23, 2024 via Zoom
● Jiaming Li, PhD (MineOne, Terra Crypto, Bit Origin) August 30, 2024 via Zoom
● Erick Rengifo, PhD (MineOne, Terra, Bit Origin) September 10, 2024 via Zoom
● Huaili Zhang (MineOne, Bit Origin) September 13, 2024 via Zoom
● Xiaping Cao, PhD (Bit Origin, Chinese Government Advisor) September 13, 2024 via
Zoom

● Ran Chang (Bitmain) August 28, 2024 via Zoom
● Micree Zhan (Bitmain) August 28, 2024 via Zoom
● Nuolin Lin (Bitmain) September 11, 2024 via Zoom

Page 2

Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 4 of 14

Patrick Murphy’s Letter re: the
8/19/24 Informal Discovery Conference
Civil No. 23-CV-79
_________________________________________________________________________________________________________

E. BCB Has Produced the Responsive Documents Dated March 7, 2023 to
March 15, 2023.

As BCB earlier promised, it has produced the responsive documents dated March 7, 2023
to March 15, 2023. This is no longer an issue.

F. MineOne’s Request for BCB’s Text Messages and WeChat Messages is
Not Ripe for an Informal Discovery Conference; BCB Does Not Have
Any Responsive WeChat Messages (whereas MineOne continues to
withhold responsive WeChat messages from its key employees); BCB
Will Be Producing Responsive Text Messages Before the August 19,
2024 Informal Discovery Conference.

MineOne’s demand for an informal discovery conference to discuss BCB’s production of
its WeChat messages and text messages is not ripe or mature. BCB and MineOne have not yet
met and conferred about this production.

MineOne states that BCB failed to produce any WeChat messages. BCB did not produce
any WeChat messages because BCB did not use WeChat to communicate about the project. As
such, BCB does not have any WeChat messages to produce. In contrast, MineOne continues to
withhold responsive WeChat messages that this Court compelled MineOne to produce by July 5,
2024 (and which are the subject of BCB’s Motion for Sanctions against the MineOne Defendants
[ECF 269]).

Regarding BCB’s text messages, BCB has been diligently pulling responsive and relevant
(and non-privileged) text messages and working with its Relativity vendor to load them into
Relativity and prepare them for production. This process has taken significant time and effort.
See Patrick Murphy’s July 1, 2024 conferral email to Paula Colbath (“Exhibit 12”). BCB will
produce any responsive, non-privileged text messages before the August 19, 2024 informal
discovery conference. Again, in contrast, MineOne has refused to provide text messages from
several of its key personnel, including Co-founder and site beneficial owner Chong “Lucas” Wang
and employee Huaili “Wiley” Zhang (both of whom were key figures in breaching the DHS
Agreement and replacing BCB as the Phase 2 O&M Service Provider).

Page 18

Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 5 of 14

Patrick Murphy’s Letter re: the
8/19/24 Informal Discovery Conference
Civil No. 23-CV-79
_________________________________________________________________________________________________________

Thank you, Judge Hambrick.

Very truly yours,

Patrick J. Murphy

cc via email:
Khale Lenhardt, Esq.
Marc Feinstein, Esq.
Meggan Hathway, Esq.
Marc Gottlieb, Esq.
Sean Larson, Esq.
Alex Inman, Esq.
Paula Colbath, Esq.
William Pao, Esq.
David Forrest, Esq.
David Iden, Esq.
Scott Murray, Esq.

Page 23

Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 6 of 14

EXHIBIT 1

Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 7 of 14

A. I ‘atrick J Mu rph v
I ‘hvsical: 159 N Wolcot St Suite -*00
( asper. \\‘Y 82il11
WIlLIAMS. PORTER. DAY ~ NEVILI I- flC.
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pmurphwaiwpdn net

August 13, 2024

VIA E-MAIL ONLY

Paula Colbath Marc Gottlieb Marc Feinstein
LOEB & L0EB LLP ORTOLI ROSENSTADT, LLP O’MELVENY & MYERS
345 Park Avenue New 366 Madison Avenue, 3rd Floor 400 South Hope Street
York. NY 10154 New York, NY 10017 Los Angeles, CA 90071-2899
colbath loeb.coin nisg~2i~orllp.legaI mfeinstein a omm.corn

Re: Conferring About Proposed Depositions in BCB v. MineOne et al

Dear Paula, Marc and Marc:

There has been prior correspondence about proposed depositions from both Paula and
me but now we need to buckle down and actually talk about, and schedule, depositions. We all
know what our local rules provide:

Rule 30.1 Depositions

(a) Reasonable Notice

Unless otherwise ordered by the Court. “reasonable notice” for the taking of
depositions under Fed. R. Ci’.. P. 30(b)(l) shall be not less than fourteen (14) days,
as computed under Fed. R. Civ. 6. Before sending a notice to take a deposition,
counsel or the unrepresented party seeking the deposition shall make a good faith
effort to schedule it in a convenient and cost-effective manner.

All of us want to honor these local rules. Thus, I’m hoping we could Zoom with each
other this coming Friday. August 16. to “make a good faith effort to schedule depositions in a
convenient and cost-effective manner.”

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Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 8 of 14

Patrick Murphy’s Conferral Letter re: Depositions
Tuesday, August 13, 2024
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One way that all of us can do depositions in a convenient and cost-effective manner is to
do attend them by Zoom. I agree to do this.

BCB and I have narrowed the depositions we feel we need to take before our September
17 discovery cutoff. Here is our narrowed list of the persons BCB wants to depose, all by Zoom.
Also included are my suggested dates (which account for Paul’s considerations and vacations dates
in her July 11th letter). These dates are subject to conferring with all of you.

• Chong Wang, MBA (MineOne, Bit Origin) August 23, 2024
• Jiaming Li PhD (MineOne, Terra Crypto, Bit Origin) September 3, 2024
• Erick Rengifo, PhD (MineOne, Terra Crypto, Bit Origin) September 10, 2024
• Huaili Zhang (MineOne, Bit Origin) September 13, 2024
• Xiaping Cao, PhD (Bit Origin) September 13, 2024

• Ran Chang (Bitmain) August 27, 2024
• Micree Zhan (Bitmain) August 28, 2024
• Zhou Feng (Bitmain) August 29, 2024
• Rule 30(b)(6) witness of Bitmain Georgia, September 5, 2024 (topics for examination to
be provided).
• John Kenyon Hayward (Bitmain’s Expert Witness) September 11, 2024
• Shen “Neil” Nanpeng (HongShan, Formerly Sequoia China, Bitmain investor) September
12, 2024
• Nuolin Lin (Bitmain) September 13. 2024

Would each of you kindly examine your own schedules, your clients’ schedules, and then write
to all of us with your suggestions? Then, after we see what each other has written. I would like to
shoot for a conferral call with the three of you as early as this Friday. August 16.

Thank you, Paula, Marc and Marc.

Very truly yours,

All Counsel (via e-mail only)

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Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 9 of 14

PAULA K. COLBATh
Partner

345 Park Avenue Direct 212407.4905
LOEB& NewYork NY 10154 MaIn 212.407.4000
Fax 212.407.4990
LOE6LLP pcolbath@loeb corn

via email ([email protected])

August 16, 2024

Patrick Murphy, Esq.
Williams, Porter, Day and Neville, P.C.
159 N Wolcott St., Suite 400
Casper, WY 82601
Re: BCB v MineOne eta!. — Deposition Scheduling
Dear Patrick:
We write in response to your August 13, 2024 letter, and in furtherance of my July 11, 2024 letter,
and object to your proposed deposition schedule for the following reasons.
First, as we have repeatedly told you, the MineOne Defendants do not control Chong Wang and
Wiley Zhang, nor are they officers, directors, employees or members of any of the Mineone
Defendants. We cannot and will not agree to deposition dates on Mr. Wang and Mr. Zhang’s
behalf.
Second, as detailed in my July 11, 2024 letter, lam on vacation the week of August 26th, returning
to the office on Wednesday, September 4th, 2024. The Mineone Defendants therefore object to
your attempt to schedule depositions of Bitmain representatives Ran Chang, Micree Zhan, and
Zhou Feng on August 27-29, 2024, despite your knowledge that I will not be able to attend on
behalf of my clients. These depositions will need to take place once I return from vacation.
Third, as detailed in my prior correspondence, Mr. Li is physically located in China and cannot be
there to give testimony in any proceeding. His passport remains with the U.S. Embassy for official
business, so he is unable to travel. We will need to discuss special arrangements for Mr. Li’s
deposition.1
The MineOne Defendants currently plan to depose the following individuals:

1. Michael Murphy
2. Emory Patterson
3. Neil Phippen
4. Rule 30(b)(6) witness of BCB Cheyenne LLC (matters for examination to be
provided)
5. Sean Murphy
6. Steven Randall

1 We note that you referred to John Kenyon Hayward as Bitmain’s expert. As you are aware, Mr. Hayward
is also the Mineone Defendants’ damages expert.
Los Angeles New York Chicago Nashville Washington, DC San Francisco Beijing Hong Kong ~ loeb corn
For the United Stales offices, a limited liability pannership including professional corporatons For Hong Kong office a limited liability patlitership

Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 10 of 14

Patrick Murphy, Esq.
August 15, 2024
Page 2

7. Bryce Fincham
8. James Quid
9. Cheyenne Light, Fuel and Power Company/Black Hills Corporation corporate
representative(s)
10. CEGEN Green Energy Ltd. corporate representative(s)
11. Mark Aldrich
12. Shermco Industries, Inc. corporate representative(s)
13. Systems Mechanical Electrical Civil, LLC corporates representative(s)
14. Cheyenne LEADS corporate representative(s)
15. Representatives of Laramie County Planning and Development and Laramie
County Department of Buildings
16. Patrick Gahan
17. CMV Global, LLC
18. Bayview Capital Investments, LLC
19. Leo Wolfson
20. Barney Patsel
21. Todd Edwards
22. Tyler Lindholm
23. Joey Darwell
24. Lee Filer
Your proposed schedule does not leave adequate time before the close of discovery to complete
these depositions, and we will need to discuss an alternative schedule to permit all depositions to
proceed. We defer to counsel for Defendants Bitmain Technologies Georgia Limited, Bit Origin
Ltd., and SonicHash LLC to provide their availability for a meet and confer, as we have previously
requested an all hands conference call, but there has been no positive response.
The MineOne Defendants reserve all rights and waive none.
Sincerely,

P ula K. Co bath
Partner

cc: Sean Larson, Esq.
Marc Gottlieb, Esq.
Meggan Hathaway, Esq.
Marc Feinstein, Esq.
Khale Lenhart, Esq.

Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 11 of 14

EXHIBIT 4

Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 12 of 14

Patrickj. Murphy
159 N. \Volcott Sr. Suite 400
WIL.LJAMS, PORTER, DAY& NEVH. Casper, WY 82601
Wyo~nings Law Firm

Mailing: P0 Box 10700
Casper, WY 82602
[email protected]

July 18, 2024

VIA E-MAIL ONLY

Khale J. Lenhart
HIRST APPLEGATE, LLP
RO. Box 1083
Cheyenne, WY 82003
klenhart~hirstapplegate.com

Re: BCB’s Final Conferral on Bitmain Georgia’s Objections to BCB’s
First Set of Requests for Production

Dear Khale:

While BCB and I have been tussling with MineOne and Paula Colbath for months,
Bitmain Georgia has watched from the sidelines and never provided the written discovery
it promised BCB. BCB needs all the production by July 23, 2024, especially with
depositions of Bitmain representatives beginning next month. If I don’t receive them by
July 23, I will ask for an immediate conferral with Magistrate Judge Carman on Thursday
or Friday, July 25 or 26.

A. The History of Our BCBlBitmain Georgia’s Deficient
Production and our Conferrals.

BCB served Bitmain with 28 Requests for Production on January 20, 2024.

On February 21, 2024, I sent you my six-page February 21, 2024 conferral letter
setting forth my concerns with Bitmain Georgia’s deficient production. We then met
telephonically with Bitmain Georgia’s LA counsel on February 28. 2024 to discuss my

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Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 13 of 14

Patrick J, Murphy’s Letter to K. Lenhart
re: Bitmain Discovery
- Thursday, July 18, 2024
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required MineOne to do so. We know MineOne communicated with Bitmain Georgia before

MineOne effectively removed BCB. As just one example, in Haku Du’s 2/20 23 email to BCB’s

Michael Murphy, there are six (6) different Bitmain representatives listed. 8CR has significant

proof well beyond this email that MineOne and Bitmain extensively communicated during

the existence of the BCB DHS AGREEMENT, but MineOne and Bitmain will not produce those

relevant communications.

For clarity’s sake, with respect to 8CR Request for Production No. I, please be sure

Bitmain Georgia produces each and every document, contract, e-mail, or other communication

(including text messages, WeChat, WhatsApp, Discord, Telegram, or any other mobile or social

messaging application), between and among Bitmain representatives (i.e., Ran Cheng, Micree

Zhan, “Easen”, “Jason”, Yiliang Guo, Zhou Feng, and Nuolin Lin) with Defendant MineOne

representatives (i.e., Chong Wang, Jiaming Li, Erick Rengifo, Huaili Zhang, Cho Zhu, Ziyao

Shao, Henry Li, and Haku Du ) from October 1,2022 through May 3, 2023. And with respect to

BCB Request for Production No. 9, please be sure Bitmain Georgia produces: each and every

document, contract, e-mail, or other communication (including text messages, WeChat,

WhatsApp, Discord, Telegram, or any other mobile or social messaging applications), by or

between Ran Cheng, Micree Zhan, “Easen”, “Jason”, Yiliang Guo, Zhou Feng, and Nuolin Lin

involving the North Range project and or Plaintiff BCB and its representatives between October

1,2022 through May 3,2023.

You know this Khale, but maybe Bitmain Georgia does not (yet) appreciate this. Bitmain

Georgia will be legally liable for all of BCB’s contract damages, but under a tort theory. Bitmain

Georgia will receive no credit, or set-off, for whatever money BCB may settle for with the

MineOne Defendants. Without Bitmain Georgia’s wrongfully pushing on MineOne and

directly exerting and imposing Bitmain’s extraordinary influence, power, and resources in the

Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 14 of 14

Patrick J. Murphy’s Letter to K. Lenhart
re: Bitmain Discovers’
- Thursday, July 18, 2024
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bitcoin mining industry to remove BCB, thus breaching MineOne’s contract with BCB,

MineOne would not have wrongfully removed BCB as the host and operator of North Range and

Campstool and breached its DHS Agreement.

Very truly yours,

Patrick J. Murphy