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Aldrich, Esq. (Resident Counsel)\n Nevada State Bar #6877\n 2 Aldrich Law Firm, Ltd.\n 7866 West Sahara Ave.\n 3 Las Vegas, NV 89117\n Tel: (702) 853-5490\n 4 jaldrich@johnaldrichlawfirm.com\n\n 5 Liaison Counsel for\n Lead Plaintiff Carlos Marina\n 6\n Reed R. Kathrein (to be admitted pro hac vice)\n 7 Lucas E. Gilmore (admitted pro hac vice)\n HAGENS BERMAN SOBOL SHAPIRO LLP\n 8 715 Hearst Avenue, Suite 300\n Berkeley, CA 94710\n 9 Telephone: (510) 725-3000\n Facsimile: (510) 725-3001\n10 reed@hbsslaw.com\n lucasg@hbsslaw.com\n11\n Attorneys for\n12 Lead Plaintiff Carlos Marina\n\n13 [Additional counsel on signature page]\n\n14\n\n15 UNITED STATES DISTRICT COURT\n DISTRICT OF NEVADA\n16\n TAD SCHLATRE, Individually and On Case No.: 2:21-cv-02209-RFB-NJK\n17 Behalf Of All Others Similarly Situated,\n CLASS ACTION\n18\n Plaintiff,\n NOTICE OF VOLUNTARY\n19 DISMISSAL\n v.\n20\n MARATHON DIGITAL HOLDINGS, INC.,\n21\n f/k/a MARATHON PATENT GROUP, INC.,\n22 MERRICK D. OKAMOTO, FREDERICK G.\n THIEL, and SIMEON SALZMAN,\n23\n Defendants.\n24\n\n25\n\n26\n\n27\n\n28\n\f Case 2:21-cv-02209-RFB-NJK Document 53 Filed 10/21/22 Page 2 of 4\n\n\n\n\n 1 PLEASE TAKE NOTICE that Lead Plaintiff Carlos Marina (\u201cPlaintiff\u201d), through his\n\n 2 undersigned counsel of record, hereby voluntarily dismisses the action, without prejudice,\n 3\n pursuant to Fed. R. Civ. P 41(a)(1) as follows:\n 4\n WHEREAS defendants do not object, have not answered nor moved for summary\n 5\n judgment and no class certification motion has been filed;\n 6\n WHEREAS Plaintiff has not entered into any agreement with any defendant in\n 7\n\n 8 connection with the voluntary dismissal:\n\n 9 WHEREAS neither Plaintiff nor counsel has received or will receive any\n10 consideration for dismissal.\n11\n WHEREAS under Federal Rule of Civil Procedure 41(a)(1), Lead Plaintiff is entitled\n12\n to dismiss this action on his own initiative:\n13\n Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable\n14 federal statute, the plaintiff may dismiss an action without a\n court order by filing: (i) a notice of dismissal before the\n15 opposing party serves either an answer or a motion for\n summary judgment. . . .\n16\n WHEREAS although this case alleges putative class claims, Federal Rule of Civil\n17\n\n18 Procedure 23(e) is inapplicable to the instant dismissal as the dismissal does not involve the\n\n19 claims, issues or defenses of a certified class - or a class proposed to be certified for purposes\n\n20 of settlement.\n21 WHEREAS no prejudice to absent putative class members will result from dismissal\n22\n of the action because a class has not been certified, the dismissal will not affect their rights,\n23\n and there is no imminent statute of limitations or repose deadline;\n24\n WHEREAS Federal Rule of Civil Procedure 23(e)(1)(B) is inapplicable to the instant\n25\n\n26 dismissal as none of the absent putative class members would be bound; and\n\n27\n\n28\n NOTICE OF VOLUNTARY DISMISSAL\n Case No. 2:21-cv-02209-RFB-NJK\n -2-\n\f Case 2:21-cv-02209-RFB-NJK Document 53 Filed 10/21/22 Page 3 of 4\n\n\n\n\n 1 WHEREAS no notice need be sent to absent putative class members, because a class\n\n 2 has not been certified, the case is in its infancy, and no absent putative class member will be\n 3\n bound by the voluntary dismissal of Plaintiff\u2019s claims.\n 4\n THEREFORE, Plaintiff hereby dismisses the action without prejudice as to Plaintiff\u2019s\n 5\n individual claims.\n 6\n\n 7 DATED: October 21, 2022 HAGENS BERMAN SOBOL SHAPIRO LLP\n 8\n By /s/ Lucas E. Gilmore\n 9\n Lucas E. Gilmore (admitted pro hac vice)\n10 Reed R. Kathrein (to be admitted pro hac vice)\n 715 Hearst Avenue, Suite 300\n11 Berkeley, CA 94710\n Telephone: (510) 725-3000\n12 Facsimile: (510) 725-3001\n reed@hbsslaw.com\n13 lucasg@hbsslaw.com\n\n14 Steve W. Berman (to be admitted pro hac vice)\n HAGENS BERMAN SOBOL SHAPIRO LLP\n15 1301 Second Avenue, Suite 2000\n Seattle, WA 98101\n16 Telephone: (206) 623-7292\n Facsimile: (206) 623-0594\n17 steve@hbsslaw.com\n\n18 Attorneys for Lead Plaintiff\n Carlos Marina and Lead Counsel\n19\n John P. Aldrich, Esq.\n20 NV Bar No. 6877\n ALDRICH LAW FIRM, LTD\n21 7866 West Sahara Ave.\n Las Vegas NV 89117\n22 Tel. 702.853.5490\n Fax. 702.227.1975\n23 Email: jaldrich@johnaldrichlawfirm.com\n\n24 Liaison Counsel for Lead Plaintiff\n Carlos Marina\n25\n\n26\n\n27\n\n28\n NOTICE OF VOLUNTARY DISMISSAL\n Case No. 2:21-cv-02209-RFB-NJK\n -3-\n\f Case 2:21-cv-02209-RFB-NJK Document 53 Filed 10/21/22 Page 4 of 4\n\n\n\n\n 1 CERTIFICATE OF SERVICE\n\n 2 I hereby certify that on October 21, 2022, I electronically filed the foregoing\n 3\n document using the CM/ECF system which will send notification of such filing to the email\n 4\n addresses registered in the CM/ECF system, as denoted on the Electronic Mail Notice List.\n 5\n\n 6 /s/ Lucas E. Gilmore\n Lucas E. Gilmore\n 7\n\n 8\n\n 9\n\n10\n\n11\n\n12\n\n13\n\n14\n\n15\n\n16\n\n17\n\n18\n\n19\n\n20\n\n21\n\n22\n\n23\n\n24\n\n25\n\n26\n\n27\n\n28\n NOTICE OF VOLUNTARY DISMISSAL\n Case No. 2:21-cv-02209-RFB-NJK\n -4-\n\f","ocr_status":2,"date_upload":"2022-11-21T21:54:13.958640-08:00","document_number":"53","attachment_number":null,"pacer_doc_id":"11509688872","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Notice of Voluntary Dismissal","acms_document_guid":""}],"date_created":"2022-11-21T21:53:19.642761-08:00","date_modified":"2026-02-17T20:03:33.985677-08:00","date_filed":"2022-10-21","time_filed":null,"entry_number":53,"recap_sequence_number":"2022-10-21.001","pacer_sequence_number":232,"description":"NOTICE of Voluntary Dismissal by Movant Carlos Marina. . (Gilmore, Lucas) (Entered: 10/21/2022)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/212371092/","id":212371092,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/61626505/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/218319903/","id":218319903,"tags":[],"absolute_url":"/docket/61626505/51/schlatre-v-marathon-digital-holdings-inc/","date_created":"2022-11-21T21:53:19.613788-08:00","date_modified":"2026-02-17T20:03:33.106977-08:00","sha1":"b208a806e6e7c03453163cb1257edde1f1199760","page_count":5,"file_size":112172,"filepath_local":"recap/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.51.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.51.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 2:21-cv-02209-RFB-NJK Document 51 Filed 09/12/22 Page 1 of 5\n\n\n\n\n 1 John P. Aldrich, Esq. (Resident Counsel)\n Nevada State Bar #6877\n 2 Aldrich Law Firm, Ltd.\n 7866 West Sahara Ave.\n 3 Las Vegas, NV 89117\n Tel: (702) 853-5490\n 4 jaldrich@johnaldrichlawfirm.com\n\n 5 Liaison Counsel for\n Lead Plaintiff Carlos Marina\n 6\n Reed R. Kathrein (to be admitted pro hac vice)\n 7 Lucas E. Gilmore (admitted pro hac vice)\n HAGENS BERMAN SOBOL SHAPIRO LLP\n 8 715 Hearst Avenue, Suite 202\n Berkeley, CA 94710\n 9 Telephone: (510) 725-3000\n Facsimile: (510) 725-3001\n10 reed@hbsslaw.com\n lucasg@hbsslaw.com\n11\n Attorneys for\n12 Lead Plaintiff Carlos Marina\n\n13 [Additional counsel on signature page]\n\n14\n\n15 UNITED STATES DISTRICT COURT\n DISTRICT OF NEVADA\n16\n TAD SCHLATRE, Individually and On Case No.: 2:21-cv-02209-RFB-NJK\n17 Behalf Of All Others Similarly Situated,\n CLASS ACTION\n18\n Plaintiff,\n LEAD PLAINTIFF CARLOS\n19 MARINA\u2019S MOTION FOR ORDER\n v. EXTENDING DEADLINES ON\n20 FILING OF THE AMENDED\n MARATHON DIGITAL HOLDINGS, INC., COMPLAINT AND BRIEFING ON\n21 DEFENDANTS\u2019 RESPONSIVE\n f/k/a MARATHON PATENT GROUP, INC.,\n MERRICK D. OKAMOTO, FREDERICK G. PLEADINGS\n22\n THIEL, and SIMEON SALZMAN,\n LR IA 6-1\n23 First Extension Request\n Defendants.\n24\n\n25\n\n26\n\n27\n\n28\n\n 011074-11/2029204 V1\n\f Case 2:21-cv-02209-RFB-NJK Document 51 Filed 09/12/22 Page 2 of 5\n\n\n\n\n 1 Pursuant to LR IA 6-1, Lead Plaintiff Carlos Marina respectfully requests that the\n\n 2 Court enter an Order: (i) extending the deadline for Lead Plaintiff to file his amended\n\n 3 complaint; and (ii) establishing a briefing schedule on Defendants\u2019 anticipated motion to\n\n 4 dismiss the amended complaint as to which the parties have agreed. Defendants take no\n\n 5 position on this motion. This is the first requested extension to the above-referenced\n\n 6 deadlines. Lead Plaintiff submits that the requested relief is reasonable and will cause no\n\n 7 prejudice to any party or undue delay.\n\n 8 By way of background, on December 17, 2021, plaintiff Tad Schlatre (\u201cSchlatre\u201d)\n\n 9 initiated this securities fraud class action governed by the Private Securities Litigation\n\n10 Reform Act (\u201cPSLRA\u201d). ECF No. 1. Under the PSLRA, discovery is generally stayed\n\n11 pending resolution of any motion to dismiss. See 15 U.S.C. \u00a7 78u-4(b)(3)(B).\n\n12 On March 17, 2022, the Court entered an Order granting plaintiff Schlatre\u2019s and\n\n13 Defendants\u2019 stipulation relieving Defendants from responding to the initial complaint until\n\n14 after the appointment of Lead Plaintiff and Lead Counsel. ECF No. 25. Instead, the Court\n\n15 ordered that: (1) Defendants\u2019 counsel and appointed lead counsel shall meet and confer on\n\n16 the deadline to file the amended complaint and Defendants\u2019 deadline to respond within ten\n\n17 (10) business days of the Court\u2019s appointment of a lead plaintiff and lead counsel; and (2) a\n\n18 briefing schedule shall be submitted within ten (10) business days after the parties met and\n\n19 conferred on said deadlines. ECF No. 25.\n\n20 On September 7, 2022, the Court held a hearing on the competing lead plaintiff\n\n21 motions and entered an order granting Carlos Marina\u2019s motion for appointment as Lead\n\n22 Plaintiff and approving his selection of Hagens Berman as lead counsel, and Aldrich Law\n\n23 Firm, Ltd. as liaison counsel. ECF No. 46. At the hearing, the Court directed Lead Counsel\n\n24 to meet and confer with Defendants\u2019 counsel and submit a briefing schedule for the filing of\n\n25 an amended complaint and the briefing on Defendants\u2019 motion to dismiss within two weeks\n\n26 of the hearing. The Court stated that the transcript of the lead plaintiff motion hearing shall\n\n27 serve as the Opinion and Order of the Court. ECF No. 46.\n\n28\n MOTION FOR ORDER EXTENDING DEADLINES\n Case No. 2:21-cv-02209-RFB-NJK\n 011074-11/2029204 V1 -1-\n\f Case 2:21-cv-02209-RFB-NJK Document 51 Filed 09/12/22 Page 3 of 5\n\n\n\n\n 1 On September 7, 2022, the Court entered a Minute Order, ruling that the deadline\n\n 2 for the filing of the amended complaint is due two weeks from September 7, 2022 (i.e.,\n\n 3 September 21, 2022). ECF No. 46.\n\n 4 Lead Counsel is diligently preparing an amended complaint, which allegations will\n\n 5 be more expansive than those in the original complaint filed by Schlatre, as is customary in\n\n 6 securities class actions governed by the Private Securities Litigation Reform Act\n\n 7 (\u201cPSLRA\u201d). Prior to doing so, extensive investigation will be needed to prepare a\n\n 8 sufficiently detailed amended complaint for this securities fraud class action which requires\n\n 9 particularized pleading to satisfy the PSLRA\u2019s heightened pleading standards. Accordingly,\n\n10 Lead Plaintiff respectfully requests that the Court set the date to file the amended complaint\n\n11 to October 21, 2022. To put this request into context, the time between the appointment of\n\n12 lead plaintiff and submission of the consolidated complaint \u2013 44 days \u2013 is shorter than the\n\n13 deadline set in other recent securities fraud cases in this District. See, e.g., Luo v. Spectrum\n\n14 Pharm., Inc., et al., Case No. 2:21-cv-01612, ECF. No. 35 (D. Nev. Mar. 2, 2022)\n\n15 (allowing court appointed lead plaintiff 60 days to file amended complaint following\n\n16 appointment); Sieggreen v. Live Ventures Inc., et al., Case No. 2:21-cv-01517, ECF No 11,\n\n17 19 (D. Nev. 2021) (allowing court appointed lead plaintiff 60 days to file amended\n\n18 complaint following appointment and further extending deadline for lead plaintiff to file\n\n19 amended complaint in light of parallel Securities Exchange Commission case relevant to\n\n20 preparation of the amended complaint); The Daniels Family Revocable Trust v. Las Vegas\n\n21 Sands Corp., et al., Case No. 2:20-cv-01958, ECF No. 25 (D. Nev. Jan. 26, 2021) (allowing\n\n22 court appointed lead plaintiff 62 days to file amended complaint following appointment).\n\n23 In addition, the parties also propose deadlines for the filing of Defendants\u2019\n\n24 responsive pleadings and briefing on any motion to dismiss, as set forth below:\n\n25 1. Defendants\u2019 responsive pleadings \u2013 December 6, 2022.\n\n26 2. Lead Plaintiff\u2019s opposition to any motion to dismiss \u2013 January 20, 2023.\n\n27 3. Defendants\u2019 reply in support of any motion to dismiss \u2013 February 17, 2023.\n\n28\n MOTION FOR ORDER EXTENDING DEADLINES\n Case No. 2:21-cv-02209-RFB-NJK\n 011074-11/2029204 V1 -2-\n\f Case 2:21-cv-02209-RFB-NJK Document 51 Filed 09/12/22 Page 4 of 5\n\n\n\n\n 1 CONCLUSION\n\n 2 Lead Plaintiff thus respectfully requests that the Court enter the attached [Proposed]\n\n 3 Order.\n\n 4\n\n 5\n DATED: September 12, 2022 HAGENS BERMAN SOBOL SHAPIRO LLP\n 6\n\n 7 By /s/ Lucas E. Gilmore\n Lucas E. Gilmore (admitted pro hac vice)\n 8 Reed R. Kathrein (to be admitted pro hac vice\n 715 Hearst Avenue, Suite 202\n 9 Berkeley, CA 94710\n Telephone: (510) 725-3000\n10 Facsimile: (510) 725-3001\n reed@hbsslaw.com\n11 lucasg@hbsslaw.com\n\n12 Steve W. Berman (to be admitted pro hac vice)\n HAGENS BERMAN SOBOL SHAPIRO LLP\n13 1301 Second Avenue, Suite 2000\n Seattle, WA 98101\n14 Telephone: (206) 623-7292\n Facsimile: (206) 623-0594\n15 steve@hbsslaw.com\n\n16 Attorneys for Lead Plaintiff\n Carlos Marina and Lead Counsel\n17\n John P. Aldrich, Esq.\n18 NV Bar No. 6877\n ALDRICH LAW FIRM, LTD\n19 7866 West Sahara Ave.\n Las Vegas NV 89117\n20 Tel. 702.853.5490\n Fax. 702.227.1975\n21 Email: jaldrich@johnaldrichlawfirm.com\n22 Liaison Counsel for Lead Plaintiff\n Carlos Marina\n23\n\n24\n\n25\n\n26\n\n27\n\n28\n MOTION FOR ORDER EXTENDING DEADLINES\n Case No. 2:21-cv-02209-RFB-NJK\n 011074-11/2029204 V1 -3-\n\f Case 2:21-cv-02209-RFB-NJK Document 51 Filed 09/12/22 Page 5 of 5\n\n\n\n\n 1 CERTIFICATE OF SERVICE\n\n 2 I hereby certify that on September 12, 2022, I electronically filed the foregoing\n 3\n document using the CM/ECF system which will send notification of such filing to the email\n 4\n addresses registered in the CM/ECF system, as denoted on the Electronic Mail Notice List.\n 5\n\n 6 HAGENS BERMAN SOBOL SHAPIRO LLP\n 7\n /s/ Lucas E. Gilmore\n 8 Lucas E. Gilmore\n 9\n\n10\n\n11\n\n12\n\n13\n\n14\n\n15\n\n16\n\n17\n\n18\n\n19\n\n20\n\n21\n\n22\n\n23\n\n24\n\n25\n\n26\n\n27\n\n28\n MOTION FOR ORDER EXTENDING DEADLINES\n Case No. 2:21-cv-02209-RFB-NJK\n 011074-11/2029204 V1 -4-\n\f","ocr_status":2,"date_upload":"2025-01-23T04:55:44.213682-08:00","document_number":"51","attachment_number":null,"pacer_doc_id":"11509628994","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Motion to Extend/Shorten Time","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/427950901/","id":427950901,"tags":[],"absolute_url":"/docket/61626505/51/1/schlatre-v-marathon-digital-holdings-inc/","date_created":"2025-01-23T04:31:03.259475-08:00","date_modified":"2025-01-24T02:23:05.912573-08:00","sha1":"953c205da5a48e93cc0c3d37298a2a995570d7f6","page_count":3,"file_size":113638,"filepath_local":"recap/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.51.1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.51.1.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 2:21-cv-02209-RFB-NJK Document 51-1 Filed 09/12/22 Page 1 of 3\n\n\n\n\n 1\n\n 2\n\n 3\n\n 4\n\n 5\n\n 6\n\n 7\n\n 8\n\n 9\n\n10\n\n11\n\n12\n\n13\n\n14\n\n15\n\n16\n\n17 UNITED STATES DISTRICT COURT\n DISTRICT OF NEVADA\n18\n TAD SCHLATRE, Individually and On Case No.: 2:21-cv-02209-RFB-NJK\n19 Behalf Of All Others Similarly Situated,\n CLASS ACTION\n20\n Plaintiff,\n [PROPOSED] ORDER GRANTING\n21 LEAD PLAINTIFF CARLOS\n v. MARINA\u2019S MOTION FOR ORDER\n22 EXTENDING DEADLINES ON\n MARATHON DIGITAL HOLDINGS, INC., FILING OF THE AMENDED\n23 COMPLAINT AND BRIEFING ON\n f/k/a MARATHON PATENT GROUP, INC.,\n MERRICK D. OKAMOTO, FREDERICK G. DEFENDANTS\u2019 RESPONSIVE\n24 PLEADINGS\n THIEL, and SIMEON SALZMAN,\n25\n Defendants.\n26\n\n27\n\n28\n\n\n 010468-11 721114V1\n\f Case 2:21-cv-02209-RFB-NJK Document 51-1 Filed 09/12/22 Page 2 of 3\n\n\n\n\n 1 Upon consideration of Lead Plaintiff Carlos Marina\u2019s Motion for Order Extending\n\n 2 Deadlines on Filing of the Amended Complaint and Briefing on Defendants\u2019 Responsive\n 3\n Pleadings and good cause appearing therefor,\n 4\n IT IS HEREBY ORDERED THAT:\n 5\n 1. The Motion is GRANTED;\n 6\n 1. Lead Plaintiff shall file an amended complaint on October 21, 2022;\n 7\n 2. Defendants shall file their motion to dismiss by December 6, 2022;\n 8\n 3. Lead Plaintiff shall file any opposition to any motion to dismiss by January\n 9\n 20, 2023.\n10\n 4. Defendants shall file any reply in support of any motion to dismiss by\n11\n February 17, 2023.\n12\n IT IS SO ORDERED.\n13\n\n14 DATED: __________________ ___________________________________________\n15 THE HONORABLE RICHARD F. BOULWARE, II\n UNITED STATES DISTRICT JUDGE\n16\n Submitted by:\n17\n Dated: September 12, 2022\n18\n HAGENS BERMAN SOBOL SHAPIRO LLP\n19\n By /s/ Lucas E. Gilmore\n20\n Lucas E. Gilmore (admitted pro hac vice)\n21 Reed R. Kathrein (to be admitted pro hac vice)\n 715 Hearst Avenue, Suite 202\n22 Berkeley, CA 94710\n Telephone: (510) 725-3000\n23 Facsimile: (510) 725-3001\n reed@hbsslaw.com\n24 lucasg@hbsslaw.com\n\n25 Steve W. Berman (to be admitted pro hac vice)\n HAGENS BERMAN SOBOL SHAPIRO LLP\n26 1918 Eighth Avenue, Suite 3300\n Seattle, WA 98101\n27 Telephone: (206) 623-7292\n Facsimile: (206) 623-0594\n28 steve@hbsslaw.com\n [PROP.] ORDER GRANTING MOT. EXTENDING -1-\n DEADLINES\n Case No. 2:21-cv-02209-RFB-NJK\n 010468-11 721114V1\n\f Case 2:21-cv-02209-RFB-NJK Document 51-1 Filed 09/12/22 Page 3 of 3\n\n\n\n\n 1\n Attorneys for Lead Plaintiff\n 2 Carlos Marina and Lead Counsel\n 3 John P. Aldrich, Esq.\n NV Bar No. 6877\n 4 ALDRICH LAW FIRM, LTD\n 7866 West Sahara Ave.\n 5 Las Vegas NV 89117\n 6 Tel. 702.853.5490\n Fax. 702.227.1975\n 7 Email: jaldrich@johnaldrichlawfirm.com\n\n 8 Liaison Counsel for Lead Plaintiff\n Carlos Marina\n 9\n\n10\n\n11\n\n12\n\n13\n\n14\n\n15\n\n16\n\n17\n\n18\n\n19\n\n20\n\n21\n\n22\n\n23\n\n24\n\n25\n\n26\n\n27\n\n28\n [PROP.] ORDER GRANTING MOT. EXTENDING -2-\n DEADLINES\n Case No. 2:21-cv-02209-RFB-NJK\n 010468-11 721114V1\n\f","ocr_status":2,"date_upload":"2025-01-23T04:55:44.660695-08:00","document_number":"51","attachment_number":1,"pacer_doc_id":"11509628995","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Proposed Order","acms_document_guid":""}],"date_created":"2022-11-21T21:53:19.604168-08:00","date_modified":"2026-02-17T20:03:32.569392-08:00","date_filed":"2022-09-12","time_filed":null,"entry_number":51,"recap_sequence_number":"2022-09-12.001","pacer_sequence_number":220,"description":"Unopposed MOTION to Extend Time (First Request) on Filing of the Amended Complaint and Briefing on Defendants' Responsive Pleadings re 46 Order on Motion for Appointment of Counsel,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Motion Hearing,,,,,,,,, Terminate Deadlines/Hearings,,,,,,,, by Movant Carlos Marina. Responses due by 9/26/2022. (Attachments: # 1 Proposed Order)(Gilmore, Lucas) (amend) (Entered: 09/12/2022)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/212371091/","id":212371091,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/61626505/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/218319902/","id":218319902,"tags":[],"absolute_url":"/docket/61626505/50/schlatre-v-marathon-digital-holdings-inc/","date_created":"2022-11-21T21:53:19.594345-08:00","date_modified":"2026-02-17T20:03:31.990062-08:00","sha1":"2ee6648521dcc6d6b06df11b45861bfa1e1bdf66","page_count":17,"file_size":313801,"filepath_local":"recap/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.50.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.50.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 2:21-cv-02209-RFB-NJK Document 50 Filed 09/09/22 Page 1 of 17\n\n 1\n 2:21-cv-02209-RFB-NJK\n\n\n 1 UNITED STATES DISTRICT COURT\n\n 2 DISTRICT OF NEVADA\n\n 3\n\n 4 TED SCHLATRE, individually )\n and on behalf of all others ) Case No. 2:21-cv-02209-RFB-NJK\n 5 similarly situated, )\n ) Las Vegas, Nevada\n 6 Plaintiffs, ) Wednesday, September 7, 2022\n ) 9:47 a.m.\n 7 vs. )\n ) MOTION HEARING\n 8 MARATHON DIGITAL HOLDINGS, )\n INC., f/k/a MARATHON PATENT )\n 9 GROUP, INC.; MERRICK D.\n OKAMOTO; FREDERICK G. C E R T I F I E D C O P Y\n10 THIEL; and SIMEON SALZMAN,\n\n11 Defendants.\n\n12\n\n13\n\n14 REPORTER'S TRANSCRIPT OF ZOOM VIDEOCONFERENCE PROCEEDINGS\n\n15 THE HONORABLE RICHARD F. BOULWARE, II,\n UNITED STATES DISTRICT JUDGE\n16\n\n17\n\n18\n\n19 APPEARANCES: See next page\n\n20\n\n21\n\n22 COURT REPORTER: Patricia L. Ganci, RMR, CRR\n United States District Court\n23 333 Las Vegas Boulevard South, Room 1334\n Las Vegas, Nevada 89101\n24\n Proceedings reported by machine shorthand, transcript produced\n25 by computer-aided transcription.\n\n\n PATRICIA L. GANCI, RMR, CRR (702) 385-0670\n\fCase 2:21-cv-02209-RFB-NJK Document 50 Filed 09/09/22 Page 2 of 17\n\n 2\n 2:21-cv-02209-RFB-NJK\n\n\n 1 APPEARANCES:\n\n 2 For Plaintiff Cory Jay Wiedel:\n\n 3 DAVID C. O'MARA, ESQ.\n THE O'MARA LAW FIRM, P.C.\n 4 311 E. Liberty Street\n Reno, Nevada 89501\n 5 (775) 323-1321\n\n 6 ADAM M. APTON, ESQ.\n LEVI & KORSINSKY, LLP\n 7 30 Broad Street, 24th Floor\n New York, New York 10004\n 8 (212) 363-7500\n\n 9 For Plaintiff Evan Dana:\n\n10 DON SPRINGMEYER, ESQ.\n KEMP JONES, LLP\n11 3800 Howard Hughes Parkway, 17th Floor\n Las Vegas, Nevada 89169\n12 (702) 385-6000\n\n13 FRANCIS P. MCCONVILLE, ESQ.\n LABATON SUCHAROW, LLP\n14 140 Broadway\n New York, New York 10005\n15 (212) 907-0700\n\n16 For Plaintiff Lucas Marina:\n\n17 LUCAS E. GILMORE, ESQ.\n HAGENS BERMAN SOBOL SHAPIRO, LLP\n18 715 Hearst Avenue, Suite 300\n Berkeley, California 94710\n19 (510) 725-3052\n\n20 JOHN P. ALDRICH, ESQ.\n ALDRICH LAW FIRM, LTD.\n21 7866 West Sahara Avenue\n Las Vegas, Nevada 89117\n22 (702) 853-5490\n\n23\n24\n\n25\n\n\n PATRICIA L. GANCI, RMR, CRR (702) 385-0670\n\fCase 2:21-cv-02209-RFB-NJK Document 50 Filed 09/09/22 Page 3 of 17\n\n 3\n 2:21-cv-02209-RFB-NJK\n\n\n 1 APPEARANCES CONTINUED:\n\n 2 For Plaintiff Pathma Venasithamby:\n\n 3 ANDREW R. MUEHLBAUER, ESQ.\n MUEHLBAUER LAW OFFICE, LTD.\n 4 7915 West Sahara Avenue, Suite 104\n Las Vegas, Nevada 89117\n 5 (702) 330-4505\n\n 6 CHARLES H. LINEHAN, ESQ.\n GLANCY PRONGAY & MURRAY, LLP\n 7 1925 Century Park East, Suite 2100\n Los Angeles, California 90067\n 8 (310) 201-9150\n\n 9 For the Defendants:\n\n10 MAGALI MERCERA, ESQ.\n PISANELLI BICE, PLLC\n11 400 South 7th Street, Suite 300\n Las Vegas, Nevada 89101\n12 (702) 214-2100\n\n13 CAROLINE HICKEY ZALKA, ESQ.\n WEIL, GOTSHAL & MANGES, LLP\n14 767 Fifth Avenue\n New York, New York 10153\n15 (212) 310-8527\n\n16\n\n17\n\n18\n\n19\n\n20\n\n21\n\n22\n\n23\n\n24\n\n25\n\n\n PATRICIA L. GANCI, RMR, CRR (702) 385-0670\n\fCase 2:21-cv-02209-RFB-NJK Document 50 Filed 09/09/22 Page 4 of 17\n\n 4\n 2:21-cv-02209-RFB-NJK\n\n\n 1 LAS VEGAS, NEVADA; WEDNESDAY, SEPTEMBER 7, 2022; 9:47 A.M.\n\n 2 --oOo--\n\n 3 P R O C E E D I N G S\n\n 4 THE COURT: All right, counsel. I'm going to call this\n\n 5 case of Schlatre versus Marathon Digital Holdings, Incorporated,\n\n 6 et al., Case Number 21-cv-2209. If the parties would announce\n\n 7 their presence for the record starting with defense counsel.\n\n 8 MS. ZALKA: Good morning, Your Honor. This is Caroline\n\n 9 Zalka from Weil Gotshal for all defendants.\n\n10 THE COURT: Okay.\n\n11 MS. MERCERA: Good morning, Your Honor. Magali\n\n12 Mercera, local counsel, on behalf of defendants.\n\n13 THE COURT: All right. For the plaintiffs? Let's see.\n\n14 Plaintiff Dana?\n\n15 MR. MCCONVILLE: Good morning, Your Honor. Francis\n\n16 McConville from Labaton Sucharow for Movant Evan Dana. I\n\n17 believe my pro hac vice is in the process of being filed. So I\n\n18 apologize it's not currently on the docket.\n\n19 THE COURT: If it's not on the docket, Mr. McConville,\n\n20 I'm sorry, but you can't actually argue. So do you have local\n\n21 counsel here who can?\n\n22 MR. MCCONVILLE: Yes, I believe Don Springmeyer is on,\n\n23 but I'll let Don jump in.\n\n24 MR. SPRINGMEYER: Yes. Good morning, Your Honor. Don\n\n25 Springmeyer, Kemp Jones, local counsel.\n\n\n PATRICIA L. GANCI, RMR, CRR (702) 385-0670\n\fCase 2:21-cv-02209-RFB-NJK Document 50 Filed 09/09/22 Page 5 of 17\n\n 5\n 2:21-cv-02209-RFB-NJK\n\n\n 1 THE COURT: Okay. So, I mean, we are pretty clear\n\n 2 about that, Mr. McConville. I apologize, but we have to have\n\n 3 it, the application approved, prior to allowing counsel to\n\n 4 argue. And I will look again at the docket, but I don't think\n\n 5 it's been approved yet.\n\n 6 MR. SPRINGMEYER: No, it has not yet, Your Honor. This\n\n 7 is Don Springmeyer.\n\n 8 THE COURT: Okay.\n\n 9 All right, Mr. Springmeyer. So you'll have to argue\n\n10 this motion today, then.\n\n11 MR. SPRINGMEYER: I understand. Thank you, Your Honor.\n\n12 THE COURT: Okay.\n\n13 So who else do we have for plaintiff counsel here?\n\n14 MR. GILMORE: Good morning, Your Honor. Lucas Gilmore\n\n15 for the Movant Carlos Marina of Hagens Berman Sobol & Shapiro.\n\n16 MR. APTON: Good morning, Your Honor. Adam Apton of\n\n17 Levi & Korsinsky for Movant Cory Wiedel.\n\n18 MR. LINEHAN: Good morning --\n\n19 MR. O'MARA: David O'Mara on behalf of Movant Cory\n\n20 Wiedel. I am local counsel for Mr. Apton.\n\n21 MR. LINEHAN: Good morning, Your Honor. Charles\n\n22 Linehan from Glancy Prongay & Murray on behalf of Lead Plaintiff\n\n23 Movant Pathma Venasithamby. And with me is Andrew Muehlbauer\n\n24 from the Muehlbauer Firm as local counsel.\n\n25 THE COURT: Good morning.\n\n\n PATRICIA L. GANCI, RMR, CRR (702) 385-0670\n\fCase 2:21-cv-02209-RFB-NJK Document 50 Filed 09/09/22 Page 6 of 17\n\n 6\n 2:21-cv-02209-RFB-NJK\n\n\n 1 So we are here on various motions as it relates to the\n\n 2 appointment of lead plaintiff in this case. And I want to\n\n 3 start, first, with I think -- is it Mr. Gilmore? Because at\n\n 4 this point the Court's leaning towards appointing Mr. Marina\n\n 5 lead plaintiff, except I can't determine what method you used\n\n 6 exactly for the determination of the loss here, FIFO. You have\n\n 7 to give me a little more detail. I know there was a back and\n\n 8 forth about the issue of stock and stock options and how that --\n\n 9 and the amount, but I'm not sure that there was clarity as\n\n10 relates to how you came at the revised number.\n\n11 So could you tell me that, please.\n\n12 MR. GILMORE: Yes, Your Honor. We used a simple\n\n13 out-of-pocket methodology that simply takes the amount of\n\n14 dollars spent on the securities less the amount received\n\n15 during -- during -- during the class period, and for anything\n\n16 held over we used, you know, whatever the value of the stock was\n\n17 according to the 90-day look-back price. There are other\n\n18 methodologies like LIFO and FIFO that other -- and other\n\n19 recoverable methodologies that some of the movants might have\n\n20 used, but that is how we came. It is a purely net out-of-pocket\n\n21 loss calculation.\n\n22 THE COURT: Well, and I know that your client had\n\n23 purchased the stock at different periods of time and sold shares\n\n24 at different periods of time, but I just wanted to be clear as\n\n25 to what the final loss amount was in terms of your calculation.\n\n\n PATRICIA L. GANCI, RMR, CRR (702) 385-0670\n\fCase 2:21-cv-02209-RFB-NJK Document 50 Filed 09/09/22 Page 7 of 17\n\n 7\n 2:21-cv-02209-RFB-NJK\n\n\n 1 MR. GILMORE: Yes. It's our contention our net\n\n 2 out-of-pocket loss is $264,421.41. I know that there was some\n\n 3 other movants that I believe doing potentially a LIFO, last\n\n 4 in/first out, that came in with a number at 230,000. You know,\n\n 5 we would believe that that difference, even if the Court were to\n\n 6 apply or accept that methodology, would be immaterial.\n\n 7 THE COURT: Okay.\n\n 8 All right. Well, I'm going to let the other counsel\n\n 9 argue as to why Plaintiff Marina shouldn't be appointed lead\n\n10 plaintiff since that's the way the Court is leaning. And it's\n\n11 almost in a second place, not that there's second place, but\n\n12 Mr. Wiedel, \"Widel,\" would be in that spot. And, of course, the\n\n13 Court could potentially appoint colead plaintiffs.\n\n14 But, Mr. Apton, my only concern really relates to the\n\n15 timing of the purchases and the issue of, sort of, typicality.\n\n16 I will allow you to address that, but I'm not convinced that\n\n17 Mr. Wiedel by himself would be an appropriate lead plaintiff.\n\n18 MR. APTON: Sure. So, Your Honor, Adam Apton for\n\n19 Mr. Wiedel. I appreciate your comments.\n\n20 Obviously I guess the reason why we're in, as Your\n\n21 Honor put it, second place is because our financial interests in\n\n22 the case is, relatively speaking, larger than the other movants.\n\n23 We have a loss of almost $500,000.\n\n24 To address the question as to Mr. Wiedel's purchases,\n\n25 they're in the class period, the way the class period has been\n\n\n PATRICIA L. GANCI, RMR, CRR (702) 385-0670\n\fCase 2:21-cv-02209-RFB-NJK Document 50 Filed 09/09/22 Page 8 of 17\n\n 8\n 2:21-cv-02209-RFB-NJK\n\n\n 1 defined from the start of this case all the way through the\n\n 2 present date. What's important, Your Honor, to realize is not\n\n 3 only were Mr. Wiedel's purchases in the class period, but what\n\n 4 undermines Mr. Gilmore or Mr. Marina's counsel's argument is\n\n 5 that there is a post-class period disclosure relating to the\n\n 6 resignation of the CEO. So when there is a consolidated or an\n\n 7 amended complaint filed after Your Honor makes a decision, the\n\n 8 class period will certainly include purchases on November 15th\n\n 9 and thereafter.\n\n10 THE COURT: So I don't dispute that. I mean, the issue\n\n11 is typicality. I mean, that's -- I'm not saying that,\n\n12 Mr. Apton. So two questions.\n\n13 MR. APTON: Okay.\n\n14 THE COURT: I mean, obviously there is -- there would\n\n15 still be -- in terms of the breadth of the class, that would not\n\n16 necessarily be typical for many members of the class, first\n\n17 question. Second question is I want you to address, and I'm\n\n18 going to come back to Mr. Gilmore and other counsel, the issue\n\n19 of colead plaintiffs.\n\n20 So you can take those questions in whatever order you\n\n21 want, but can you address them both, please.\n\n22 MR. APTON: So, Your Honor, in terms of typicality,\n\n23 Mr. Wiedel did purchase within the class period on the open\n\n24 market. So he is typical. To put a finer point on it, whether\n\n25 he faces a unique defense because of his purchases, no. This is\n\n\n PATRICIA L. GANCI, RMR, CRR (702) 385-0670\n\fCase 2:21-cv-02209-RFB-NJK Document 50 Filed 09/09/22 Page 9 of 17\n\n 9\n 2:21-cv-02209-RFB-NJK\n\n\n 1 an issue that will affect many class members. I mean, three out\n\n 2 of the five initial plaintiffs, lead plaintiffs, purchased on\n\n 3 November 15th. This will be an issue that undoubtedly gets\n\n 4 litigated at class certification no matter who the lead\n\n 5 plaintiff is. So it's not a unique defense, certainly not one\n\n 6 capable of disqualifying Mr. Wiedel.\n\n 7 To Your Honor's second point about colead counsel,\n\n 8 every firm on this call, we've worked together in some capacity\n\n 9 in some case or some period of time. I've worked together with\n\n10 the Hagens Berman firm. Can we do it? Should we do it? I\n\n11 think that's Your Honor's call. Courts have done it in both the\n\n12 Ninth and Second Circuits. It's not uncommon. And, candidly\n\n13 and practically speaking, Your Honor, if it allows Mr. Wiedel to\n\n14 serve as a lead plaintiff being a colead plaintiff, he would be\n\n15 open to that. I have spoken with him. And so, you know, I'll\n\n16 stop there.\n\n17 THE COURT: Okay. Well, let me let other plaintiffs'\n\n18 counsel in on this debate as we think about the possibility of\n\n19 these two lead plaintiffs.\n\n20 So I'll start with you, Mr. Linehan.\n\n21 MR. LINEHAN: Good morning, Your Honor.\n\n22 My argument here is that Mr. Venasithamby is really the\n\n23 only one with clean hands and the only one who doesn't have\n\n24 major issues of all the lead plaintiff movants.\n\n25 To be clear on Wiedel, I don't think his counsel's\n\n\n PATRICIA L. GANCI, RMR, CRR (702) 385-0670\n\fCase 2:21-cv-02209-RFB-NJK Document 50 Filed 09/09/22 Page 10 of 17\n\n 10\n 2:21-cv-02209-RFB-NJK\n\n\n 1 contesting that he purchased after the corrective disclosure.\n\n 2 And I think if this Court were to appoint him as lead counsel, I\n\n 3 think that might be the only case to have ever appointed an\n\n 4 investor as lead plaintiff who purchased -- admittedly purchased\n\n 5 all of its shares after the corrective disclosure. Because as\n\n 6 every other movant has pointed out, it creates all kinds of loss\n\n 7 causation issues and reliance issues that are sure to become a\n\n 8 distraction because his entire claim hinges on him being able to\n\n 9 make that. So I think for that reason the Court should reject\n\n10 Mr. Wiedel.\n\n11 With respect to the two other lead plaintiff movants\n\n12 who are still seeking appointment as lead plaintiff, Mr. Marina\n\n13 and Mr. Dana, they have major, major errors in their\n\n14 submissions. Mr. Marina has submitted a false certification\n\n15 which he had to correct, initially overstated his loss by\n\n16 $200,000, which is almost 50 percent -- you know, 100 percent of\n\n17 what his loss is now.\n\n18 Mr. Dana submitted, as we pointed out in Pathma's\n\n19 opposition, submitted transaction information in his\n\n20 certification that doesn't make sense. He claimed to have made\n\n21 purchases on I believe the date is October 19th, and those are\n\n22 all of the purchases that he held through the final corrective\n\n23 disclosure. None of those purchases are at prices that we can\n\n24 tell are within the daily or post-market range. So there's no\n\n25 explanation as to how those transactions are even possible. And\n\n\n PATRICIA L. GANCI, RMR, CRR (702) 385-0670\n\fCase 2:21-cv-02209-RFB-NJK Document 50 Filed 09/09/22 Page 11 of 17\n\n 11\n 2:21-cv-02209-RFB-NJK\n\n\n 1 I think the most likely explanation is that his certification\n\n 2 was just false.\n\n 3 So with Marina submitting a false certification,\n\n 4 massively overstating losses, Dana submitting a false\n\n 5 certification, and Mr. Wiedel purchasing all of his shares after\n\n 6 the corrective disclosure, admittedly, really the only one that\n\n 7 has standing here and clean hands is my client,\n\n 8 Mr. Venasithamby.\n\n 9 THE COURT: Okay. How about for Mr. or Ms. Evans?\n\n10 Oop. Hold on. Other plaintiffs' counsel, I'm sorry?\n\n11 I mean, Evan Dana. Excuse me. Instead of saying Dana I'm\n\n12 saying Evans. Dana. Excuse me.\n\n13 Hello? Do we have counsel? I thought --\n\n14 MR. SPRINGMEYER: Yes, there. I'm sorry. I'm trying\n\n15 to unmute.\n\n16 THE COURT: I was, like, wait a minute.\n\n17 MR. SPRINGMEYER: Okay. Don Springmeyer, Your Honor.\n\n18 Thank you.\n\n19 First, I want to point out that the attack on the\n\n20 certification is misplaced. There are some errors in it which\n\n21 we are in the process of correcting, but it's not false in the\n\n22 sense of an intentional misleading. And aside from that\n\n23 entirely, as Your Honor will see from the docket, we\n\n24 subsequently ceded our bid for leadership to support Marina.\n\n25 THE COURT: Okay. That's what I thought. I just\n\n\n PATRICIA L. GANCI, RMR, CRR (702) 385-0670\n\fCase 2:21-cv-02209-RFB-NJK Document 50 Filed 09/09/22 Page 12 of 17\n\n 12\n 2:21-cv-02209-RFB-NJK\n\n\n 1 wanted to allow you to respond given the statement about false\n\n 2 certification.\n\n 3 MR. SPRINGMEYER: Right. Not true.\n\n 4 THE COURT: Okay.\n\n 5 And then who have I left out? Schlatre. Schlatre?\n\n 6 (Pause.)\n\n 7 THE COURT: Hello?\n\n 8 MR. APTON: And, Your Honor, this is Mr. Apton for\n\n 9 Mr. Wiedel. I don't think Schlatre or his counsel appeared\n\n10 today.\n\n11 THE COURT: Okay. I thought that I had them on my\n\n12 list. I'm sorry. I didn't see that. I wanted to make sure\n\n13 everyone had a fair opportunity.\n\n14 Mr. Gilmore, I'm going to come back to you to respond\n\n15 to some of the arguments, you and Mr. Weidel. And then we can\n\n16 sort of wrap this up.\n\n17 MR. GILMORE: Yes. Thank you, Your Honor.\n\n18 I've been informed by local counsel about how much the\n\n19 Court reviews the papers in advance, and certainly that's the\n\n20 case here. I think we lay out with Mr. Wiedel exactly why it's\n\n21 atypical. Reliance is a key element in every claim. Here,\n\n22 undisputedly Mr. Wiedel bought after the information was\n\n23 corrected --\n\n24 THE COURT: Well, I'm not -- I don't want you to focus\n\n25 on Mr. Wiedel. I want you to focus on some of the issues\n\n\n PATRICIA L. GANCI, RMR, CRR (702) 385-0670\n\fCase 2:21-cv-02209-RFB-NJK Document 50 Filed 09/09/22 Page 13 of 17\n\n 13\n 2:21-cv-02209-RFB-NJK\n\n\n 1 related to the arguments regarding errors in the filings because\n\n 2 certainly it is something that the Court can take into\n\n 3 consideration.\n\n 4 MR. GILMORE: Oh. Yes. Absolutely. I think it's an\n\n 5 overstatement to say that it was a filed false certification.\n\n 6 There was no intent there. And if any, the blame should be on\n\n 7 counsel.\n\n 8 There was one error in the certification that referred\n\n 9 to purchases being in April and November 2022 when it was\n\n10 clearly in 2021. That was an auto-correct error from an Excel\n\n11 spreadsheet. We corrected that. It was clear to the other\n\n12 movants that that was an error.\n\n13 The other having to do with a loss calculation, that\n\n14 has to do with, you know, an arcane-type calculation with --\n\n15 with option contracts. Option contracts are worth the\n\n16 equivalent of 10 shares, and for one of our calculations on a\n\n17 sale we, you know, did not multiply the times 10.\n\n18 You know, this has been done before. We cited to the\n\n19 Solar City case, to the Silver Wheaton case. It's quite common,\n\n20 unfortunately, for lead plaintiff movants to make errors. But\n\n21 the goal of the PSLRA is not for a perfect plaintiff or for the\n\n22 perfect certification. It's for an investor-driven lawsuit, an\n\n23 investor with significant financial interests, and that's\n\n24 typical and adequate. And we submit that Mr. Marina certainly\n\n25 meets that.\n\n\n PATRICIA L. GANCI, RMR, CRR (702) 385-0670\n\fCase 2:21-cv-02209-RFB-NJK Document 50 Filed 09/09/22 Page 14 of 17\n\n 14\n 2:21-cv-02209-RFB-NJK\n\n\n 1 THE COURT: Okay. Thank you.\n\n 2 Well, I do appreciate you all clarifying some issues,\n\n 3 but I am going to go ahead and grant the motion for Mr. Marina\n\n 4 to be lead plaintiff in this case. I do find based upon the\n\n 5 relevant factors in terms of his financial interests as well as\n\n 6 the other Rule 23 and particularly the issues of typicality and\n\n 7 considering the issue of the unique defense that may apply and\n\n 8 the breadth of the class that Mr. Marina is most appropriately\n\n 9 situated to be lead plaintiff in this case. And I don't find,\n\n10 sort of, him being presumptively lead plaintiff has been\n\n11 rebutted by the submissions. And so that will be the order of\n\n12 the Court.\n\n13 So I will grant the motion for Mr. Marina and deny\n\n14 without prejudice as it relates to the other moving parties.\n\n15 Is there anything else that we need to do today? I'm\n\n16 not going to issue a written ruling. I'll issue a minute order\n\n17 of today's ruling, oral ruling. The transcript of this hearing\n\n18 will be the opinion and order of the Court.\n\n19 Anything else we need to do today then? Mr. Gilmore?\n\n20 MR. GILMORE: No, Your Honor. Pursuant to the Court's\n\n21 order, we'll meet and confer with defense counsel and come up\n\n22 and present a schedule for the filing of the amended complaint\n\n23 and the motion to dismiss.\n\n24 THE COURT: Okay. So we'll give you two weeks to be\n\n25 able to submit a proposed schedule for the Court to approve in\n\n\n PATRICIA L. GANCI, RMR, CRR (702) 385-0670\n\fCase 2:21-cv-02209-RFB-NJK Document 50 Filed 09/09/22 Page 15 of 17\n\n 15\n 2:21-cv-02209-RFB-NJK\n\n\n 1 this case.\n\n 2 Anything else, Mr. Apton?\n\n 3 MR. APTON: Yes, Your Honor. Your Honor had mentioned\n\n 4 that the order was without prejudice. So upon the filing of an\n\n 5 amended complaint that presumably will include November 15th\n\n 6 purchases for the class period, should motions be renewed at\n\n 7 that point?\n\n 8 THE COURT: Well, I said it without prejudice because\n\n 9 things can happen in these cases, Mr. Apton, that, as you all\n\n10 know, as relates to plaintiffs and people sometimes dropping out\n\n11 for various reasons. And it's for that reason I said without\n\n12 prejudice; not because I would anticipate motions being refiled\n\n13 if the information is as I believe it to be based upon the\n\n14 moving papers.\n\n15 So, in other words, I take your point about\n\n16 Mr. Wiedel's claim being within the class period, but that to me\n\n17 would not be sufficient to overcome your considerations with\n\n18 respect to lead plaintiff here. And so if something new comes\n\n19 out that has not been raised today or happens in the case, that\n\n20 would be a basis for a new motion, Mr. Apton, but not simply to\n\n21 reargue to me anything based upon the amended complaint that may\n\n22 simply elaborate more of what we've discussed today.\n\n23 MR. APTON: Thank you, Your Honor.\n\n24 THE COURT: Okay.\n\n25 All right. Anything from the defendants? I know you\n\n\n PATRICIA L. GANCI, RMR, CRR (702) 385-0670\n\fCase 2:21-cv-02209-RFB-NJK Document 50 Filed 09/09/22 Page 16 of 17\n\n 16\n 2:21-cv-02209-RFB-NJK\n\n\n 1 all have been largely silent here, not that you need to say\n\n 2 anything. Anything about the schedule for the scheduling order?\n\n 3 MS. ZALKA: No, Your Honor. Silence is a virtue, and\n\n 4 I'll continue to abide by it.\n\n 5 THE COURT: Okay.\n\n 6 Mr. Springmeyer, anything else?\n\n 7 MR. SPRINGMEYER: No. Thank you, Your Honor.\n\n 8 THE COURT: Mr. Linehan, anything else?\n\n 9 MR. LINEHAN: No. Thank you, Your Honor.\n\n10 THE COURT: All right. Anything else from any other\n\n11 counsel who were on the call?\n\n12 (No response.)\n\n13 THE COURT: All right then. Well, I appreciate\n\n14 everyone's time and your patience. Everyone, please be well and\n\n15 be safe. We'll be adjourned. Thank you.\n\n16 MR. APTON: Thank you, Your Honor.\n\n17 MS. ZALKA: Thank you, Your Honor.\n\n18 MR. GILMORE: Thank you.\n\n19 MS. MERCERA: Thank you, Your Honor.\n\n20 (Whereupon the proceedings concluded at 10:06 a.m.)\n21\n\n22\n\n23\n\n24\n\n25\n\n\n PATRICIA L. GANCI, RMR, CRR (702) 385-0670\n\fCase 2:21-cv-02209-RFB-NJK Document 50 Filed 09/09/22 Page 17 of 17\n\n\n 2:21-cv-02209-RFB-NJK\n\n\n 1\n\n 2 --oOo--\n\n 3 COURT REPORTER'S CERTIFICATE\n\n 4\n\n 5 I, PATRICIA L. GANCI, Official Court Reporter, United\n\n 6 States District Court, District of Nevada, Las Vegas, Nevada,\n\n 7 certify that the foregoing is a correct transcript from the\n\n 8 record of proceedings in the above-entitled matter.\n\n 9\n\n10 Date: September 9, 2022.\n\n11 /s/ Patricia L. Ganci\n\n12 Patricia L. Ganci, RMR, CRR\n\n13 CCR #937\n\n14\n\n15\n\n16\n\n17\n\n18\n\n19\n\n20\n\n21\n\n22\n\n23\n\n24\n\n25\n\n\n PATRICIA L. GANCI, RMR, CRR (702) 385-0670\n\f","ocr_status":2,"date_upload":"2025-01-23T04:55:10.661882-08:00","document_number":"50","attachment_number":null,"pacer_doc_id":"11509624762","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Transcript","acms_document_guid":""}],"date_created":"2022-11-21T21:53:19.585867-08:00","date_modified":"2026-02-17T20:03:31.618780-08:00","date_filed":"2022-09-09","time_filed":null,"entry_number":50,"recap_sequence_number":"2022-09-09.001","pacer_sequence_number":211,"description":"TRANSCRIPT of Proceedings, 46 Order on Motion for Appointment of Counsel, Motion Hearing, held on 9/7/2022, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 9/30/2022. Redacted Transcript Deadline is set for 10/10/2022. Release of the Transcript Restriction is set for 12/8/2022. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG) (Entered: 09/09/2022)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/212371090/","id":212371090,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/61626505/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/218319901/","id":218319901,"tags":[],"absolute_url":"/docket/61626505/48/schlatre-v-marathon-digital-holdings-inc/","date_created":"2022-11-21T21:53:19.555061-08:00","date_modified":"2026-02-17T20:03:30.266237-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"48","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"QC Notice","acms_document_guid":""}],"date_created":"2022-11-21T21:53:19.546155-08:00","date_modified":"2026-02-17T20:03:29.226837-08:00","date_filed":"2022-09-08","time_filed":null,"entry_number":48,"recap_sequence_number":"2022-09-08.002","pacer_sequence_number":null,"description":"CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorneys Adam M. Apton and Lucas E. Gilmore are in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the PACER website www.pacer.gov to complete the registration for CM/ (no image attached) (EDS) (Entered: 09/08/2022)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/212371089/","id":212371089,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/61626505/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/218319900/","id":218319900,"tags":[],"absolute_url":"/docket/61626505/47/schlatre-v-marathon-digital-holdings-inc/","date_created":"2022-11-21T21:53:19.535554-08:00","date_modified":"2026-02-17T20:03:28.989978-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"47","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Notice for Desig of Local Counsel & VP","acms_document_guid":""}],"date_created":"2022-11-21T21:53:19.526310-08:00","date_modified":"2026-02-17T20:03:28.603420-08:00","date_filed":"2022-09-08","time_filed":null,"entry_number":47,"recap_sequence_number":"2022-09-08.001","pacer_sequence_number":null,"description":"NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Reed R. Kathrein and Steve W. Berman to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 9/22/2022. (no image attached) (EDS) (Entered: 09/08/2022)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/212371088/","id":212371088,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/61626505/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/218319899/","id":218319899,"tags":[],"absolute_url":"/docket/61626505/46/schlatre-v-marathon-digital-holdings-inc/","date_created":"2022-11-21T21:53:19.515780-08:00","date_modified":"2026-02-17T20:03:28.249828-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"46","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Order on Motion for Appointment of Counsel","acms_document_guid":""}],"date_created":"2022-11-21T21:53:19.507258-08:00","date_modified":"2026-02-17T20:03:27.811867-08:00","date_filed":"2022-09-07","time_filed":null,"entry_number":46,"recap_sequence_number":"2022-09-07.002","pacer_sequence_number":null,"description":"MINUTES OF PROCEEDINGS - Motion Hearing held on 9/7/2022 before the Honorable Richard F. Boulware, II. Crtrm Administrator: B Lenzi; Pla Counsel: Adam Apton, Esq., Lucas Gilmore, Esq., Andrew Muehlbauer, Esq., Charles Linehan, Esq., David OMara, Esq, Don Springmeyer, Esq., John Aldrich, Esq.; Def Counsel: Caroline zalka, Esq., Magali Mercera, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 9:46 AM - 10:06 AM; Courtroom: 7C; Counsel for the parties present and appearing by videoconference. The Court makes preliminary statements and hears representations from the parties re: 10 MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff; Memorandum of Law in Support of Thereof, 11 MOTION for Appointment of Counsel Approval of Selection of Counsel and Memorandum of Points and Authorities, 12 MOTION for Appointment of Counsel Notice of Motion and Motion to Appoint Carlos Marina as Lead Plaintiff, and Approve His Selection of Lead Counsel; Memorandum of Points and Authorities in Support Thereof, 13 MOTION for Appointment of Counsel and Appointment of Lead Plaintiff, and 14 MOTION for Appointment of Counsel and Appointment of Lead Plaintiff. Attorney Francis McConville is also present. For the reasons stated on the record, IT IS ORDERED that 12 MOTION for Appointment of Counsel Notice of Motion and Motion to Appoint Carlos Marina as Lead Plaintiff, and Approve His Selection of Lead Counsel is GRANTED. IT IS FURTHER ORDERED that 10 MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff; Memorandum of Law in Support of Thereof, 11 MOTION for Appointment of Counsel Approval of Selection of Counsel and Memorandum of Points and Authorities, 13 MOTION for Appointment of Counsel and Appointment of Lead Plaintiff, and 14 MOTION for Appointment of Counsel and Appointment of Lead Plaintiff are DENIED without prejudice. IT IS FURTHER ORDERED that an Amended Complaint is due two weeks from this day. The transcript of the hearing shall serve as the Opinion and Order of the Court. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) (Entered: 09/07/2022)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/212371087/","id":212371087,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/61626505/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/218319898/","id":218319898,"tags":[],"absolute_url":"/docket/61626505/45/schlatre-v-marathon-digital-holdings-inc/","date_created":"2022-11-21T21:53:19.496401-08:00","date_modified":"2026-02-17T20:03:27.687745-08:00","sha1":"455d7177ccb91fe626e114b1e54ce0162e1dc4bd","page_count":7,"file_size":992049,"filepath_local":"recap/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.45.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.45.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"bh\n\nLad\n\nCase 2:21-cv-02209-RFB-NJK Document 45 Filed 09/07/22 Page1of/7\n\nUNITED STATES DISTRICT COURT\n\nDISTRICT OF NEVADA\n) Case #2:21-cv-02209-RFB-NJK\nTAD SCHLATRE, et al.\n) VERIFIED PETITION FOR\nPlaintiff(s), ) PERMISSION TO PRACTICE\n) IN THIS CASE ONLY BY\nvs, ) ATTORNEY NOT ADMITTED\n) TO THE BAR OF THIS COURT\nMARATHON DIGITAL HOLDINGS, ) AND DESIGNATION OF\nINC.,, et al., ) LOCAL COUNSEL\n)\nDefendant(s). }\n) FILING FEE IS $250.00\nFrancis P. McConville , Petitioner, respectfully represents to the Court:\n(name of petitioner)\nle That Petitioner is an attorney at law and a member of the law firm of\nLabaton Sucharow LLP\n(firm name)\nwith offices at 140 Broadway\n(street address)\nNew York ; New York ,___ 10005\n(city) (state) (zip code)\n(212) 907-0700 . fmeconville@labaton.com\n(area code + telephone number) (Email address)\n2. That Petitioner has been retained personally or as a member of the law firm by\nEvan Dana to provide legal representation in connection with\n\n[client(s)]\n\nthe above-entitled case now pending before this Court.\n\nRev. 5/16\n\n\fOo \u201cS NAN WN Ff\n\n\\O\n\n10\n1\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nCase 2:21-cv-02209-RFB-NJK Document 45 Filed 09/07/22 Page 2of7\n\n3. That since July 14, 2009 , Petitioner has been and presently is a\n(date)\nmember in good standing of the bar of the highest Court of the State of New York\n(state)\n\nwhere Petitioner regularly practices law. Petitioner shall attach a certificate from the state bar or\nfrom the clerk of the supreme court or highest admitting court of each state, territory, or insular\npossession of the United States in which the applicant has been admitted to practice law certifying\nthe applicant's membership therein is in good standing.\n\n4. That Petitioner was admitted to practice before the following United States District\nCourts, United States Circuit Courts of Appeal, the Supreme Court of the United States and Courts\nof other States on the dates indicated for each, and that Petitioner is presently a member in good\n\nstanding of the bars of said Courts.\n\nCourt Date Admitted Bar Number\nDistrict of Colorado June 6, 2014 n/a\nEastern District of Michigan September 17, 2014 n/a\nEastern District of New York February 29, 2012 n/a\nWestern District of New York July 1, 2021 n/a\nSouthern District of New York February 10, 2012 FM4233\n5. That there are or have been no disciplinary proceedings instituted against petitioner,\n\nnor any suspension of any license, certificate or privilege to appear before any judicial, regulatory\nor administrative body, or any resignation or termination in order to avoid disciplinary or\n\ndisbarment proceedings, except as described in detail below:\n\nnone\n\n2 Rev. 5/16\n\n\fb&b Ww Wd\n\nOo Oo SN NHN NM\n\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nCase 2:21-cv-02209-RFB-NJK Document 45 Filed 09/07/22 Page 3of7\n\n6. That Petitioner has never been denied admission to the State Bar of Nevada. (Give\n\nparticulars if ever denied admission):\n\nInone\n\n7. That Petitioner is a member of good standing in the following Bar Associations.\n\nnone.\n\n8. Petitioner has filed application(s) to appear as counsel under Local Rule IA 11-2\n\n(formerly LR IA 10-2) during the past three (3) years in the following matters: (State \"none\" if no applications.)\n\nDate of Application Cause Title of Court Was Application\nAdministrative Body Granted or\nor Arbitrator Denied\nNone\n\n(If necessary, please attach a statement of additional applications)\n9. Petitioner consents to the jurisdiction of the courts and disciplinary boards of the\nState of Nevada with respect to the law of this state governing the conduct of attorneys to the same\nextent as a member of the State Bar of Nevada.\n10. Petitioner agrees to comply with the standards of professional conduct required of\nthe members of the bar of this court.\n11. Petitioner has disclosed in writing to the client that the applicant is not admitted to\n\npractice in this jurisdiction and that the client has consented to such representation.\n\n3 Rev. 5/16\n\n\fCase 2:21-cv-02209-RFB-NJK Document 45 Filed 09/07/22 Page4of7\n\nThat Petitioner respectfully prays that Petitioner be admitted to practice before this Court\n\n(foe\n\n\u201cPetitioner\u2019s signature\n\nFOR THE PURPOSES OF THIS CASE ONLY.\n\nSTATE OF _NEW YORK )\nCOUNTY OF NEW YORK )\n\nFrancis P. McConville , Petitioner, being first duly sworn, deposes and says:\nThat the foregoing statements are true. ae)\n\nPetitioner\u2019s signature\n\nSubscribed and sworn to before me this\n\nday of _September \u00bb 2022\nARLENE RODRIGUEZ\nOn ote LDR AMAL otary Public, State of New York\n\nNotary Pyiblic or Clerk) of Com No. 01RO6180571\nQualified in New York County\n\nCommission Expires 01/14/2029\n\nDESIGNATION OF RESIDENT ATTORNEY ADMITTED TO\nTHE BAR OF THIS COURT AND CONSENT THERETO.\n\nPursuant to the requirements of the Local Rules of Practice for this Court, the Petitioner\nbelieves it to be in the best interests of the client(s) to designate Don Springmeyer\n\n(name of local counsel)\nAttorney at Law, member of the State of Nevada and previously admitted to practice before the\n\nabove-entitled Court as associate resident counsel in this action. The address and email address of\n\nsaid designated Nevada counsel is:\n\nKemp Jones LLP, 3800 Howard Hughes Parkway\n\n(street address)\nLas Vegas , Nevada ; 89169\n(city) {state} (zip code)\n702-385-6000 , d.springmeyer@kempjones.com\n(area code + telephone number) (Email address)\n\n4 Rev. 5/16\n\n\f10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nCase 2:21-cv-02209-RFB-NJK Document 45 Filed 09/07/22 Page5of/7\n\nBy this designation the petitioner and undersigned party(ies) agree that this designation constitutes\nagreement and authorization for the designated resident admitted counsel to sign stipulations\n\nbinding on all of us.\n\nAPPOINTMENT OF DESIGNATED RESIDENT NEVADA COUNSEL\n\nThe undersigned party(ies) appoint(s) Don Springmeyer as\n(name of local counsel)\nhis/her/their Designated Resident Nevada Counsel in this case.\n\nDocuSigned by:\n\nBaw Dana\n\n769D4B7C3B88493...\n(party S Signatie)\n\nEvan Dana, Movant\n(type or print party name, title)\n\n(party's signature)\n\n(type or print party name, title)\n\nCONSENT OF\nThe undersigned hereby consents to s\n\nSIGNE\neas a%oc/ate resident Nevada counsel in this case.\n\n4\n\nt\u00e9d Residgnt Nevada Gounsel\u2019s on\n\nSBN 1021 .springmeyer@kempjones.com\n\nBar number Email address\n\nAPPROVED:\nDated: this day of , 20\n\nUNITED STATES DISTRICT JUDGE\n\n5 Rev. 5/16\n\n\fCase 2:21-cv-02209-RFB-NJK Document 45 Filed 09/07/22 Page6\u00e9of/7\n\nExhibit A\n\fCase 2:21-cv-02209-RFB-NJK Document 45 Filed 09/07/22 Page /7of7\n\nAppellate Division of the Supreme Court\nof the State of New York\nFirst Judicial Department\n\nJ, Susanna M. Rojas, Clerk of the Appellate Division of the\nSupreme Court of the State of New York, First Judicial\nDepartment, do hereby certify that\n\nFrancis Paul Mcconville\n\nwas duly licensed and admitted to practice as an Attorney and\nCounselor at Law in all the courts of this State on July 13, 2009,\nhas duly taken and subscribed the oath of office prescribed by law,\nhas been enrolled in the Roll of Attorneys and Counselors at Law\non file in this office, is duly registered with the Administration\nOffice of the Courts, and according to the records of this Court is\ncurrently in good standing as an Attorney and Counselor-at-Law.\n\nIn Witness Whereof, I have hereunto set\nmy hand in the City of New York on\nJune 9, 2022.\n\nClerk of the Court\n\nCertID-00070277\n","ocr_status":1,"date_upload":"2025-01-23T04:59:49.509114-08:00","document_number":"45","attachment_number":null,"pacer_doc_id":"11509621176","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Motion for Permission to Practice Pro Hac Vice - Verified Petition","acms_document_guid":""}],"date_created":"2022-11-21T21:53:19.487067-08:00","date_modified":"2026-02-17T20:03:27.197172-08:00","date_filed":"2022-09-07","time_filed":null,"entry_number":45,"recap_sequence_number":"2022-09-07.001","pacer_sequence_number":187,"description":"MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Francis P. McConville and DESIGNATION of Local Counsel Don Springmeyer (Filing fee $ 250 receipt number ANVDC-7038912) by Movant Evan Dana. (Springmeyer, Don) (Entered: 09/07/2022)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/212371086/","id":212371086,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/61626505/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/218319897/","id":218319897,"tags":[],"absolute_url":"/docket/61626505/41/schlatre-v-marathon-digital-holdings-inc/","date_created":"2022-11-21T21:53:19.428079-08:00","date_modified":"2026-02-17T20:03:25.090891-08:00","sha1":"290d126d43836e47194b5945e3a3a136b0a3cb3b","page_count":7,"file_size":1941138,"filepath_local":"recap/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.41.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.41.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"nO BB W bd\n\nOo \u00a9 ~ DH\n\n10\n1]\ni\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nCase 2:21-cv-02209-RFB-NJK Document 41 Filed 09/06/22 Page1of/7\n\nUNITED STATES DISTRICT COURT\n\nDISTRICT OF NEVADA\n) Case #2:21-cv-02209-RFB-NJK\nTAC SCHLARTE, Individually and on )\nBehalf of all others similarly situated )\n) VERIFIED PETITION FOR\nPlaintiff(s), ) PERMISSION TO PRACTICE\n) IN THIS CASE ONLY BY\nVS. ) ATTORNEY NOT ADMITTED\n) TO THE BAR OF THIS COURT\n) AND DESIGNATION OF\nMARATHON DIGITAL HOLDINGS, INC. ) LOCAL COUNSEL\n)\nDefendant(s). )\n) FILING FEE IS $250.00\nAdam M. Apton , Petitioner, respectfully represents to the Court:\n\n(name of petitioner)\n\n1. That Petitioner is an attorney at law and a member of the law firm of\n\nLevi & Korinsky, LLP\n\n(firm name)\n\nwith offices at 55 Broadway, 10th Floor ,\n(street address)\nNew York , New York , 10006 ,\n(city) (state) (zip code)\n212.363.7500 , aapton@zlk.com\n(area code + telephone number) (Email address)\nDe That Petitioner has been retained personally or as a member of the law firm by\n\nCorey Wiedel\n\nto provide legal representation in connection with\n\n[client(s)]\n\nthe above-entitled case now pending before this Court.\n\nRev. 5/16\n\n\fSo Oo HN DBD OO BR WY PO Ke\n\nNO NO NO YN KN DN RO DR DR mw mkt\noO ND HN FSF Ww NH & DB OO we NIN DB HW BP WO BO KF CO\n\nCase 2:21-cv-02209-RFB-NJK Document 41 Filed 09/06/22 Page 2 of7\n\n3. That since January 27, 2010 , Petitioner has been and presently is a\n(date)\nmember in good standing of the bar of the highest Court of the State of New York\n(state)\n\nwhere Petitioner regularly practices law. Petitioner shall attach a certificate from the state bar or\nfrom the clerk of the supreme court or highest admitting court of each state, territory, or insular\npossession of the United States in which the applicant has been admitted to practice law certifying\nthe applicant's membership therein is in good standing.\n\n4, That Petitioner was admitted to practice before the following United States District\nCourts, United States Circuit Courts of Appeal, the Supreme Court of the United States and Courts\nof other States on the dates indicated for each, and that Petitioner is presently a member in good\n\nstanding of the bars of said Courts.\n\nCourt Date Admitted Bar Number\nSee Addendum\n5. That there are or have been no disciplinary proceedings instituted against petitioner,\n\nnor any suspension of any license, certificate or privilege to appear before any judicial, regulatory\nor administrative body, or any resignation or termination in order to avoid disciplinary or\n\ndisbarment proceedings, except as described in detail below:\n\nNone.\n\nZ Rev. 5/16\n\n\foO Oo NN DH\n\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nCase 2:21-cv-02209-RFB-NJK Document 41 Filed 09/06/22 Page 3of7\n\n6. That Petitioner has never been denied admission to the State Bar of Nevada. (Give\n\nparticulars if ever denied admission):\n\nNone.\n\n7. That Petitioner is a member of good standing in the following Bar Associations.\n\nNone.\n\n8. Petitioner has filed application(s) to appear as counsel under Local Rule IA 11-2\n\n(formerly LR IA 10-2) during the past three (3) years in the following matters: (State \"none\" if no applications.)\n\nDate of Application Cause Title of Court Was Application\nAdministrative Body Granted or\nor Arbitrator Denied\nNone.\n\n(If necessary, please attach a statement of additional applications)\n9, Petitioner consents to the jurisdiction of the courts and disciplinary boards of the\nState of Nevada with respect to the law of this state governing the conduct of attorneys to the same\nextent as a member of the State Bar of Nevada.\n10. Petitioner agrees to comply with the standards of professional conduct required of\nthe members of the bar of this court.\n11. Petitioner has disclosed in writing to the client that the applicant is not admitted to\n\npractice in this jurisdiction and that the client has consented to such representation.\n\n3 Rev. 5/16\n\n\f& WwW\n\nOo CO SI DN\n\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nCase 2:21-cv-02209-RFB-NJK Document 41 Filed 09/06/22 Page4of7\n\nThat Petitioner respectfully prays that Petitioner be admitted to practice before this Court\nFOR THE PURPOSES OF THIS CASE ONLY.\n\njt ~~\nSTATE OF Connecticut )\n)\nCOUNTY OF Fairfield )\nAdam M. Apton , Petitioner, be} ie firs \\duly sworn} Ueposes and says:\nThat the foregoing statements are true. 1\n\nPetitioner's signgture\nSubscribed and sworn to before me this\n\nA\nG* day of September dOaAD\n\nDESIGNATION OF RESIDENT ATTORNEY ADMITTED TO\nTHE BAR OF THIS COURT AND CONSENT THERETO.\n\neurt Camm Stone (\u2014 of he Su pener or?\n\nPursuant to the requirements of the Local Rules of Practice for this Court, the Petitioner\n\nbelieves it to be in the best interests of the client(s) to designate ___David C. O'Mara, Esq.\n(name of local counsel)\nAttorney at Law, member of the State of Nevada and previously admitted to practice before the\n\nabove-entitled Court as associate resident counsel in this action. The address and email address of\n\nsaid designated Nevada counsel is:\n\n311 E. Liberty Street\n\n(street address)\nReno , Nevada , 89501 ;\n(city) (state) (zip code)\n775.323.1321 , david@omaralaw.net\n(area code + telephone number) (Email address)\n\n4 Rev. 5/16\n\n\fFiled 09/06/22 Page5of7\n\nBy this designation the petitioner and undersigned party(ies) agree that this designation constitutes\n\nDavid C. O'Mara, Esq.\n\n{name of local counsel)\nthis case.\n\nCory Wiedel, Lead Plaintiff Movant\n\nThe undersigned hereby consents to serve as associate resident Nevada counsel in this case.\n\nDesighat\u00e9d Resident Nevada Counsel's signature\n\ndavid@omaralaw.net\n\nEmail address\n\nCade 2:21-cv-02209-RFB-NJK Document 41\n]\n2} agreement and authorization for the designated resident admitted counsel to sign stipulations\n3] binding on all of us.\n4\n5 APPOINTMENT OF DESIGNATED RESIDENT NEVADA COUNSEL\n6\n7 i The undersigned party(ies) appoint(s)\n8] his/her/their Designated Resident Nevada Counsel in\n9 *\nCora. T biedee _\n10 Cory J\u201cWiedel {Sep 6, 2022 69:49 CDT]\ni (party's signature)\n12 (type or print party name, title)\n13 .\nal {party's signature)\n15\n16 (type or print party name, title)\n17 CONSENT OF DESIGNEE\n18 /\n19 | |\n\\, / fa\n20\n21 08599\nBar number\n22\n23\nAPPROVED:\nDated: this day of ,20_\u00ab.\n26\nUNITED STATES DISTRICT JUDGE\n28 5\n\nRev. 5/16\n\n\fCase 2:21-cv-02209-RFB-NJK Document 41 Filed 09/06/22 Page6\u00e9of7\n\nof the State of New York\nSecond Judicial Department\n\nJ, Maria T. Fasulo, Clerk of the Appellate Division of the\nSupreme Court of the State of New York, Second Judicial\nDepartment, do hereby certify that\n\nAdam Marc Apton\n\nwas duly licensed and admitted to practice as an Attorney and\nCounselor at Law in all the courts of this State on January 27,\n2010, has duly taken and subscribed the oath of office prescribed\nby law, has been enrolled in the Roll of Attorneys and Counselors\nat Law on file in this office, is duly registered with the\nAdministration Office of the Courts, and according to the records\nof this Court is currently in good standing as an Attorney and\nCounselor-at-Law.\n\nIn Witness Whereof, JI have hereunto set\nmy hand in the City of Brooklyn on\nSeptember 6, 2022.\n\nClerk of the Court\n\nCertiD-o00081751\n\fCase 2:21-cv-02209-RFB-NJK Document 41 Filed 09/06/22 Page /7 of7\n\nADDENDUM TO APPLICATION FOR ADMISSION\n\nCourt Name Admission Date | Bar No.\nState of New York 1/27/10 4759841\nU.S.D.C., Southern District of New York 2/23/10 AS8383\nU.S.D.C., Eastern District of New York 3/8/10\n\nDistrict of Columbia - Certificate Pending 12/9/13 1017720\nU.S.C.A., Ninth Circuit 7/22/15\n\nUSS.C.A., Second Circuit 1/8/16\n\nU.S.C.A., Third Circuit 6/2/16\n\nState of California - Certificate Pending 11/27/17 316506\nU.S.D.C., Central District of California 12/8/17\n\nU.S.D.C., Northern District of California 12/8/17\n\nU.S.D.C., Southern District of California 12/11/17\n\nU.S.D.C., District of Colorado 7/26/18\n\nState of New Jersey - Certificate Pending 9/25/20 330152020\nU.S.D.C., District of New Jersey 11/17/20\n\nU.S.C.A., First Circuit 1/4/22 1199969\n\n","ocr_status":1,"date_upload":"2025-01-23T05:02:04.725440-08:00","document_number":"41","attachment_number":null,"pacer_doc_id":"11509618831","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Motion for Permission to Practice Pro Hac Vice - Verified Petition","acms_document_guid":""}],"date_created":"2022-11-21T21:53:19.419357-08:00","date_modified":"2026-02-17T20:03:24.065619-08:00","date_filed":"2022-09-06","time_filed":null,"entry_number":41,"recap_sequence_number":"2022-09-06.001","pacer_sequence_number":176,"description":"MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Adam M. Apton and DESIGNATION of Local Counsel David C. O'Mara (Filing fee $ 250 receipt number ANVDC-7036804) by Plaintiff Cory Jay Wiedel. (OMara, David) (Entered: 09/06/2022)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/212371085/","id":212371085,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/61626505/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/218319896/","id":218319896,"tags":[],"absolute_url":"/docket/61626505/40/schlatre-v-marathon-digital-holdings-inc/","date_created":"2022-11-21T21:53:19.409892-08:00","date_modified":"2026-02-17T20:03:23.911630-08:00","sha1":"9d7352a2dabe9b64d3bd9acf6ddb42514b159e2a","page_count":6,"file_size":1896253,"filepath_local":"recap/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.40.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.40.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"I\nDocuSign Envelope IQQEBB29G 4E ORB PIE RE ENE\u201d Document 40 Filed 09/02/22 Page 1of6\n\n1\n2\n3\n4\n5\n6 UNITED STATES DISTRICT COURT\nDISTRICT OF NEVADA\n7\n8 ) Case # 2:21-cv-02209-RFB-NJK\nTad Schlatre, Individually and on Behalf )\n9]| of All Others Similarly Situated, )\n) VERIFIED PETITION FOR\n10 Plaintiff(s), ) PERMISSION TO PRACTICE\n) IN THIS CASE ONLY BY\n11 VS. ) ATTORNEY NOT ADMITTED\n) TO THE BAR OF THIS COURT\n12 wos . ) AND DESIGNATION OF\nMarathon Digital Holdings, Inc. et al. ) LOCAL COUNSEL\n13 )\nDefendant(s). )\n14 ) FILING FEE IS $250.00\n15\n16 Charles H. Linehan , Petitioner, respectfully represents to the Court:\n(name of petitioner)\n17\n1. That Petitioner is an attorney at law and a member of the law firm of\n18 Glancy Prongay & Murray LLP\n19 (firm name)\n20 || with offices at 195 Century Park East, Suite 2100 ,\n(street address)\n21 Los Angeles , California , 90067\n22 (city) (state) (zip code)\n23 (310) 201-9150 , clinehan@glancylaw.com\n(area code + telephone number) (Email address)\n24\n2. That Petitioner has been retained personally or as a member of the law firm by\n25 oe .\nLead Plaintiff Movant Pathma Venasithamby to provide legal representation in connection with\n26 [client(s)]\n27|| the above-entitled case now pending before this Court.\n28 Rev. 5/16\n\n\fI\nDocuSign Envelope IQQEBB29G 4E ORB PIE RE ENE\u201d Document 40 Filed 09/02/22 Page 2 of 6\n\nOo Oo SI HN A FP WD NYO\n\nNO NO ND NM WH WN WH NHN HNO Bee Fe FF FF Se Se Se eel\nao nN HN OH FP WY NY KF DOD Oo OH s HN A FP WO NO KF OS\n\n3. That since December 5, 2015 , Petitioner has been and presently is a\n(date) a\nmember in good standing of the bar of the highest Court of the State of California\n(state)\n\nwhere Petitioner regularly practices law. Petitioner shall attach a certificate from the state bar or\nfrom the clerk of the supreme court or highest admitting court of each state, territory, or insular\npossession of the United States in which the applicant has been admitted to practice law certifying\nthe applicant's membership therein is in good standing.\n\n4. That Petitioner was admitted to practice before the following United States District\nCourts, United States Circuit Courts of Appeal, the Supreme Court of the United States and Courts\nof other States on the dates indicated for each, and that Petitioner is presently a member in good\n\nstanding of the bars of said Courts.\n\nCourt Date Admitted Bar Number\n\nSupreme Court of California December 5, 2015 307439\nU.S. Court of Appeals, Second Circuit June 6, 2019 N/A\n\nU.S. Court of Appeals, Third Circuit October 3, 2016 16-3607\nU.S. Court of Appeals, Ninth Circuit December 10, 2015 N/A\nU.S.D.C., Northern District of California December 30, 2015 N/A\nU.S.D.C., Central District of California December 15, 2015 N/A\n\n5. That there are or have been no disciplinary proceedings instituted against petitioner,\n\nnor any suspension of any license, certificate or privilege to appear before any judicial, regulatory\nor administrative body, or any resignation or termination in order to avoid disciplinary or\n\ndisbarment proceedings, except as described in detail below:\n\nNone.\n\n2 Rev. 5/16\n\n\fI\nDocuSign Envelope IQ-QEBB29G 4EOR AB PIE RE ENE\u201d Document 40 Filed 09/02/22 Page 3 of6\n\nOo Oo SI HN A FP WD NYO\n\nNO NO ND NM WH WN WH NHN HNO Bee Fe FF FF Se Se Se eel\nao nN HN OH FP WY NY KF DOD Oo OH s HN A FP WO NO KF OS\n\n6. That Petitioner has never been denied admission to the State Bar of Nevada. (Give\n\nparticulars if ever denied admission):\n\nNone.\n\n7. That Petitioner is a member of good standing in the following Bar Associations.\n\nNone.\n\n8. Petitioner has filed application(s) to appear as counsel under Local Rule IA 11-2\n\n(formerly LR IA 10-2) during the past three (3) years in the following matters: (State \"none\" if no applications.)\n\nDate of Application Cause Title of Court Was Application\nAdministrative Body Granted or\nor Arbitrator Denied\nAugust 4, 2020 2:20-cv-01209 U.S.D.C., District of Nevada Granted\nAugust 26, 2021 2:21-cv-01517 U.S.D.C., District of Nevada Granted\n\n(If necessary, please attach a statement of additional applications)\n9. Petitioner consents to the jurisdiction of the courts and disciplinary boards of the\nState of Nevada with respect to the law of this state governing the conduct of attorneys to the same\nextent as a member of the State Bar of Nevada.\n10. Petitioner agrees to comply with the standards of professional conduct required of\nthe members of the bar of this court.\n11. Petitioner has disclosed in writing to the client that the applicant is not admitted to\n\npractice in this jurisdiction and that the client has consented to such representation.\n\n3 Rev. 5/16\n\n\fDocuSign Envelope IQ-DEBB2aS t ERB STU EEN\u201d Document 40 Filed 09/02/22 Page 4 of 6\n\nThat Petitioner respectfully prays that Petitioner be admitted to practice before this Court\n\nFOR THE PURPOSES OF THIS CASE ONLY.\n(\u2019 t(l~-ZZn\u2014\n\nPetitioner\u2019s signature\n\nSTATE OF California )\n\n)\nCOUNTY OF ____Los Angeles)\n\nCharles H. Linehan __, Petitioner, being first duly sworn, deposes and says:\n\nThat the foregoing statements are true. UL XY F\n\nPetitioner's signature\n\nSubscribed and sworn to before me this\n\n{ st day of Seotem bec . 202?\n\nsor HARRY H. KHARADJIAN\nSe pee \u00ab= Notary Public - California\nie ase Los Angeles County\n\n@lerk of Court Ky Commission # 2275532\nNetary Public or a My Comm. Expires Jan 19, 2023\n\nDESIGNATION OF RESIDENT ATTORNEY ADMITTED TO\nTHE BAR OF THIS COURT AND CONSENT THERETO.\n\nPursuant to the requirements of the Local Rules of Practice for this Court, the Petitioner\nbelieves it to be in the best interests of the client(s) to designate Andrew R. Muehlbauer, Esq. ,\n\n(name of local counsel)\nAttorney at Law, member of the State of Nevada and previously admitted to practice before the\n\nabove-entitled Court as associate resident counsel in this action. The address and email address of\n\nsaid designated Nevada counsel is\n\n7915 West Sahara Avenue, Suite 104\n(street address)\n\nLas Vegas ; Nevada ; 89117,\n(city) (state) (zip code)\n(702) 330-4505 : andrewa@milolegal.com\n(area code + telephone number) (Email address)\n\n4 Rev. 5/16\n\n\fGiase 2:21-cv-02209-RFB-NJK__ Document 40 __ Filed 09/02/22 Page 5 of6\nDocuSign Envelope ID: FOFBB29C-4E0B-4E76-A892-9AF2ECB97E47\n\n1 By this designation the petitioner and undersigned party(ies) agree that this designation constitutes\n2|| agreement and authorization for the designated resident admitted counsel to sign stipulations\n3 || binding on all of us.\n4\n5 APPOINTMENT OF DESIGNATED RESIDENT NEVADA COUNSEL\n6\n7 The undersigned party(ies) appoint(s) Andrew R. Muehlbauer, Esq. as\n(name of local counsel)\n8 || his/her/their Designated Resident Nevada Counsel in this case.\na\n10 p atluma Vurasithamly\n(party's signature)\n11\nLead Plaintiff Movant Pathma Venasithamby\n12 (type or print party name, title)\n13\n(party's signature)\n14\n15\n(type or print party name, title)\n16\n17 CONSENT OF DESIGNEE\nThe undersigned hereby \u201c. to serve as 0 fi resident Nevada counsel in this case.\n18\n19\n20 WL pe W/\\\u2014 Counsel\u2019s signature\n21 10161 andrew@mlolegal.com\nBar number Email address\n22\n23\nAPPROVED:\n24\nDated: this day of gates\n=\n26\nUNITED STATES DISTRICT JUDGE\nzt\na8 2 Rev. 5/16\n\n\fDocuSign Envelope IDeZDEBP 29S 4508/46 POSER EENSIE*\u201d Document 40 Filed 09/02/22 Page 6 of 6\n\nSupreme Court of California\n\nJORGE E. NAVARRETE\n\nClerk and Executive Officer of the Supreme Court\n\nCERTIFICATE OF THE CLERK OF THE SUPREME COURT\n\nOF THE\n\nSTATE OF CALIFORNIA\n\nCHARLES HENRY LINEHAN\n\nI, JORGE E. NAVARRETE, Clerk of the Supreme Court of the State of California, do\nhereby certify that CHARLES HENRY LINEHAN, #307439, was on the 5\" day of\nDecember, 2015, duly admitted to practice as an attorney and counselor at law in all the\ncourts of this state, and is now listed on the Roll of Attorneys as a member of the bar of this\n\nstate in good standing.\n\nWitness my hand and the seal of the court\non the 3 day of August 2022.\n\nJORGE E. NAVARRETE\nClerk of the Supreme Court\n\nBy: Co LL A SF ani\n\nBiying Jid Assistant Deputy Clerk\n\n","ocr_status":1,"date_upload":"2025-01-23T05:11:18.676872-08:00","document_number":"40","attachment_number":null,"pacer_doc_id":"11509617616","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Motion for Permission to Practice Pro Hac Vice - Verified Petition","acms_document_guid":""}],"date_created":"2022-11-21T21:53:19.401826-08:00","date_modified":"2026-02-17T20:03:23.382303-08:00","date_filed":"2022-09-02","time_filed":null,"entry_number":40,"recap_sequence_number":"2022-09-02.002","pacer_sequence_number":174,"description":"MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Charles H. Linehan and DESIGNATION of Local Counsel Andrew R. Muehlbauer (Filing fee $ 250 receipt number ANVDC-7035761) by Movant Pathma Venasithamby. (Muehlbauer, Andrew) (Entered: 09/02/2022)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/212371084/","id":212371084,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/61626505/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/218319895/","id":218319895,"tags":[],"absolute_url":"/docket/61626505/39/schlatre-v-marathon-digital-holdings-inc/","date_created":"2022-11-21T21:53:19.392218-08:00","date_modified":"2026-02-17T20:03:23.169834-08:00","sha1":"2d7929c2f84cde5923ea14a611697e102edfe65d","page_count":8,"file_size":1209348,"filepath_local":"recap/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.39.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.39.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Clase 2:21-cv-02209-RFB-NJK Document 39 Filed 09/02/22 Pageiof8\nDocuSign Envelope ID: 3B173760-23ED-4146-B44D-26C43341648F\n\nbo\n\nUNITED STATES DISTRICT COURT\n\nDISTRICT OF NEVADA\n) Case # 2:21-cv-02209-RFB-NJK\nTad Schlatre, Individually and on Behalf of )\nAll Others Similarly Situated, )\n) VERIFIED PETITION FOR\nPlaintiff(s), ) PERMISSION TO PRACTICE\n) IN THIS CASE ONLY BY\nVS. ) ATTORNEY NOT ADMITTED\n. ) TO THE BAR OF THIS COURT\nMarathon Digital Holdings, Inc. f/k/a ) AND DESIGNATION OF\nMarathon Patent Group, Inc., et al. ) LOCAL COUNSEL\n)\nDefendant(s). )\n) FILING FEE IS $250.00\nLucas E. Gilmore , Petitioner, respectfully represents to the Court:\n\n(name of petitioner)\nL. That Petitioner is an attorney at law and a member of the law firm of\n\nHagens Berman Sobol Shapiro LLP\n\n(firm name)\n\nwith offices at 715 Hearst Avenue, Suite 300\n(street address)\nBerkeley . California _ 94710\n(city) (state) (zip code)\n(510) 725-3052 . lucasg(@hbsslaw.com\n(area code + telephone number) (Email address)\n2. That Petitioner has been retained personally or as a member of the law firm by\nMovant Carlos Marina to provide legal representation in connection with\n[client(s)]\n\nthe above-entitled case now pending before this Court.\n\nRev. 5/16\n\n\fdlase 2:21-cv-02209-RFB-NJK Document 39 Filed 09/02/22 Page 2of8\nDocuSign Envelope ID: 3B173760-23ED-4146-B44D-26C43341648F\n\nl 3. That since 11/19/2007 , Petitioner has been and presently is a\n(date)\n2 member in good standing of the bar of the highest Court of the State of California\n(state)\n3 where Petitioner regularly practices law. Petitioner shall attach a certificate from the state bar or\n\n4] from the clerk of the supreme court or highest admitting court of each state, territory, or insular\n5 || possession of the United States in which the applicant has been admitted to practice law certifying\nthe applicant's membership therein is in good standing.\n\n4. That Petitioner was admitted to practice before the following United States District\n\noOo ss AN\n\nCourts, United States Circuit Courts of Appeal, the Supreme Court of the United States and Courts\ng of other States on the dates indicated for each, and that Petitioner is presently a member in good\n10} standing of the bars of said Courts.\n\nLl Court Date Admitted Bar Number\n12 See Exhibit A\n\n5. That there are or have been no disciplinary proceedings instituted against petitioner,\nnor any suspension of any license. certificate or privilege to appear before any judicial, regulatory\nor administrative body, or any resignation or termination in order to avoid disciplinary or\n\ndisbarment proceedings, except as described in detail below:\n\n20 Nana. \u2014 - \u2014_____\u2014\u2014\n\nRev. 5/16\n\n\fdase 2:21-cv-02209-RFB-NJK_ Document 39 _ Filed 09/02/22 Page3of8\nDocuSign Envelope ID: 3B173760-23ED-4146-B44D-26C43341648F\n\ntM\n\n6. That Petitioner has never been denied admission to the State Bar of Nevada. (Give\n\nparticulars if ever denied admission):\n\nNone.\n\n7. That Petitioner is a member of good standing in the following Bar Associations.\n\nNone.\n\n8. Petitioner has filed application(s) to appear as counsel under Local Rule IA 11-2\n\n(formerly LR [A 10-2) during the past three (3) years in the following matters: (State \"none\" if no applications.)\n\nDate of Application Cause Title of Court Was Application\nAdministrative Body Granted or\nor Arbitrator Denied\nNone.\n\n(If necessary, please attach a statement of additional applications)\na. Petitioner consents to the jurisdiction of the courts and disciplinary boards of the\nState of Nevada with respect to the law of this state governing the conduct of attorneys to the same\nextent as a member of the State Bar of Nevada.\n10. Petitioner agrees to comply with the standards of professional conduct required of\nthe members of the bar of this court.\nIl. Petitioner has disclosed in writing to the client that the applicant is not admitted to\n\npractice in this jurisdiction and that the client has consented to such representation.\n\n3 Rev. 5/16\n\n\f2 Page4ofs\n:21-cv-02209-RFB-NJK Document 39 Filed 09/02/2\nDocuSign eqeeeicnen Leute 46-B44D-26C43341648F\n\nNe\n\nThat Petitioner respectfully prays that Petitioner be admitted to practice before this Court\n\nFOR THE PURPOSES OF THIS CASE ONLY.\n\nPetition\u00e9f\u2019s signature\n\nSTATE OF California\n\nNe\n\nCOUNTY OF San Diego )\n\nLucas E. Gilmore . Petitioner, being first duly sworn, deposes and says:\n\nThat the foregoing statements are true, \u2014[L_&\n\n~ Petitioner\u2019s signature\n\nSubscribed and sworn to before me this\n\nsi\n\n3S/ day of Presi gO22 1. \u2014 te \u201ct\n: z\nf\n\nNotary Public - California\nSan Diego County\n\n: \u00a2 \u00ae Cammission # 2330293\nDyeb2net KNoe ate My Comm. Exsires Jus 12, 2024\nMC, tr ere iig a,\n\nNotary Public or Clerk of Court\n\nDESIGNATION OF RESIDENT ATTORNEY ADMITTED TO\nTHE BAR OF THIS COURT AND CONSENT THERETO.\n\nPursuant to the requirements of the Local Rules of Practice for this Court, the Petitioner\nbelieves it to be in the best interests of the client(s) to designate John P. Aldrich\n\n(name of local counsel)\nAttorney at Law, member of the State of Nevada and previously admitted to practice before the\n\n3\n\nabove-entitled Court as associate resident counsel in this action. The address and email address of\n\nsaid designated Nevada counsel is:\n\n7866 West Sahara Avenue\n(street address)\n\nLas Vegas , Nevada . 89117,\n(city) (state) (zip code)\n(702) 853-5490 , jaldrich@johnaldrichlawfirm.com\n(area code + telephone number) (Email address)\n\n4 Rev. 5/16\n\n\fNt\n\nase 2:21 cv-02209 RFB NJK = Document 39 Filed 09/02/22 Page5of8\n\nBy this designation the petitioner and undersigned party(ies) agree that this designation constitutes\nagreement and authorization for the designated resident admitted counsel to sign stipulations\n\nbinding on all of us.\n\nAPPOINTMENT OF DESIGNATED RESIDENT NEVADA COUNSEL\n\nThe undersigned party(ies) appoint(s) John P. Aldrich as\n(name of local counsel)\nhis/her/their Designated Resident Nevada Counsel in this case.\n\nDocuSigned by:\n\nCavlos Manna\n\n= 6D476C10DEAB4CE..\n(party's signature)\n\nCarlos Marina, Movant\n(type or print party name, title)\n\n(party's signature)\n\n(type or print party name, title)\n\nCONSENT OF DESIGNEE\nThe undersigned hereby consents to serve as associate resident Nevada counsel in this case.\n\nff Cap\n\nDesighated Resident Nevada Counsel's signature\n\n6877 jaldrich@johnaldrichlawfirm.com\nBar number Email address\n\nAPPROVED:\n\nDated: this day of gel 2\n\nUNITED STATES DISTRICT JUDGE\n\n5 Rev. 5/16\n\n\fcv-02209-RFB-NJK Document 39 Filed 09/02/22 Page\u00e9ofs\n3ED-4146-B44D-26C43341648F\n\nExhibit A\n\nBar Admissions\n\fDocument 39\n\nFiled 09/02/22\n\nPage 7 of 8\n\nCOURT ADMISSION DATE\nSupreme Court of California Nov. 19, 2007\nU.S. District Court for the Northern District Dec. 20, 2007\nof California\nU.S. Bankruptcy Court for the Northern Dec. 20, 2007\nDistrict of California\nU.S. District Court for the Eastern District of July 30, 2014\nCalifornia\nU.S. District Court for the Central District of July 29, 2014\nCalifornia\nU.S. District Court for the Southern District Jan. 22, 2018\nof California\nU.S. Court of Appeals for the Ninth Circuit May 22, 2018\nU.S. Court of Appeals for the Second Circuit May 22, 2019\n\n\fCase 2:21-cv-02209-RFB-NJK Document 39 _ Filed 09/02/22 Page 8of8\n\nThe State Bar OFFICE OF ATTORNEY REGULATION &\noO rf California CONSUMER RESOURCES\n180 Howard Street, San Francisco, CA 94105 AttorneyRegulation@calbar.ca,gov\n\n888-800-3400\n\nCERTIFICATE OF STANDING\n\nAugust 30, 2022\n\nTO WHOM IT MAY CONCERN:\n\nThis is to certify that according to the records of the State Bar, LUCAS ERSKINE\nGILMORE, #250893 was admitted to the practice of law in this state by the Supreme\nCourt of California on November 19, 2007 and has been since that date, and is at\ndate hereof, an ACTIVE licensee of the State Bar of California; and that no\nrecommendation for discipline for professional or other misconduct has ever been\nmade by the Board of Trustees or a Disciplinary Board to the Supreme Court of the\nState of California.\n\nTHE STATE BAR OF CALIFORNIA\n\nDina DiLoreto\nCustodian of Records\n\n","ocr_status":1,"date_upload":"2025-01-23T04:59:36.371245-08:00","document_number":"39","attachment_number":null,"pacer_doc_id":"11509616644","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Motion for Permission to Practice Pro Hac Vice - Verified Petition","acms_document_guid":""}],"date_created":"2022-11-21T21:53:19.384602-08:00","date_modified":"2026-02-17T20:03:22.824261-08:00","date_filed":"2022-09-02","time_filed":null,"entry_number":39,"recap_sequence_number":"2022-09-02.001","pacer_sequence_number":172,"description":"MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Lucas E. Gilmore and DESIGNATION of Local Counsel John P. Aldrich (Filing fee $ 250 receipt number ANVDC-7035169) by Movant Carlos Marina. (Aldrich, John) (Entered: 09/02/2022)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/212371083/","id":212371083,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/61626505/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/218319894/","id":218319894,"tags":[],"absolute_url":"/docket/61626505/38/schlatre-v-marathon-digital-holdings-inc/","date_created":"2022-11-21T21:53:19.375094-08:00","date_modified":"2026-02-17T20:03:22.639340-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"38","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Minute Order Setting Hearing on Motion","acms_document_guid":""}],"date_created":"2022-11-21T21:53:19.366345-08:00","date_modified":"2026-02-17T20:03:21.473612-08:00","date_filed":"2022-08-30","time_filed":null,"entry_number":38,"recap_sequence_number":"2022-08-30.001","pacer_sequence_number":null,"description":"MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 8/30/2022. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that a Hearing re: 10 MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff; Memorandum of Law in Support of Thereof, 11 MOTION for Appointment of Counsel Approval of Selection of Counsel and Memorandum of Points and Authorities, 12 MOTION for Appointment of Counsel Notice of Motion and Motion to Appoint Carlos Marina as Lead Plaintiff, and Approve His Selection of Lead Counsel; Memorandum of Points and Authorities in Support Thereof, 13 MOTION for Appointment of Counsel and Appointment of Lead Plaintiff, and 14 MOTION for Appointment of Counsel and Appointment of Lead Plaintiff is set for September 7, 2022 at 9:30 AM by videoconference appearance before Judge Richard F. Boulware, II.IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen to this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding. IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at \"blanca_lenzi@nvd.uscourts.gov\", with information on how to participate in the video conference if necessary. IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without the written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) (Entered: 08/30/2022)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/206262628/","id":206262628,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/61626505/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/212115386/","id":212115386,"tags":[],"absolute_url":"/docket/61626505/52/schlatre-v-marathon-digital-holdings-inc/","date_created":"2022-09-13T16:15:13.567660-07:00","date_modified":"2026-02-17T20:03:33.813240-08:00","sha1":"9f61ead8b07f019d3af8e0904545ed2c6a768360","page_count":8,"file_size":140859,"filepath_local":"recap/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.52.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.52.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 2:21-cv-02209-RFB-NJK Document 52 Filed 09/12/22 Page 1 of 8\n\n\n\n\n 1 John P. Aldrich, Esq. (Resident Counsel)\n Nevada State Bar #6877\n 2 Aldrich Law Firm, Ltd.\n 7866 West Sahara Ave.\n 3 Las Vegas, NV 89117\n Tel: (702) 853-5490\n 4 jaldrich@johnaldrichlawfirm.com\n\n 5 Liaison Counsel for\n Lead Plaintiff Carlos Marina\n 6\n Reed R. Kathrein (to be admitted pro hac vice)\n 7 Lucas E. Gilmore (admitted pro hac vice)\n HAGENS BERMAN SOBOL SHAPIRO LLP\n 8 715 Hearst Avenue, Suite 202\n Berkeley, CA 94710\n 9 Telephone: (510) 725-3000\n Facsimile: (510) 725-3001\n10 reed@hbsslaw.com\n lucasg@hbsslaw.com\n11\n Attorneys for\n12 Lead Plaintiff Carlos Marina\n\n13 [Additional counsel on signature page]\n\n14\n\n15 UNITED STATES DISTRICT COURT\n DISTRICT OF NEVADA\n16\n TAD SCHLATRE, Individually and On Case No.: 2:21-cv-02209-RFB-NJK\n17 Behalf Of All Others Similarly Situated,\n CLASS ACTION\n18\n Plaintiff,\n LEAD PLAINTIFF CARLOS\n19 MARINA\u2019S MOTION FOR ORDER\n v. EXTENDING DEADLINES ON\n20 FILING OF THE AMENDED\n MARATHON DIGITAL HOLDINGS, INC., COMPLAINT AND BRIEFING ON\n21 DEFENDANTS\u2019 RESPONSIVE\n f/k/a MARATHON PATENT GROUP, INC.,\n MERRICK D. OKAMOTO, FREDERICK G. PLEADINGS\n22\n THIEL, and SIMEON SALZMAN,\n LR IA 6-1\n23 First Extension Request\n Defendants.\n24\n\n25\n\n26\n\n27\n\n28\n\n 011074-11/2029204 V1\n\f Case 2:21-cv-02209-RFB-NJK Document 52 Filed 09/12/22 Page 2 of 8\n\n\n\n\n 1 Pursuant to LR IA 6-1, Lead Plaintiff Carlos Marina respectfully requests that the\n\n 2 Court enter an Order: (i) extending the deadline for Lead Plaintiff to file his amended\n\n 3 complaint; and (ii) establishing a briefing schedule on Defendants\u2019 anticipated motion to\n\n 4 dismiss the amended complaint as to which the parties have agreed. Defendants take no\n\n 5 position on this motion. This is the first requested extension to the above-referenced\n\n 6 deadlines. Lead Plaintiff submits that the requested relief is reasonable and will cause no\n\n 7 prejudice to any party or undue delay.\n\n 8 By way of background, on December 17, 2021, plaintiff Tad Schlatre (\u201cSchlatre\u201d)\n\n 9 initiated this securities fraud class action governed by the Private Securities Litigation\n\n10 Reform Act (\u201cPSLRA\u201d). ECF No. 1. Under the PSLRA, discovery is generally stayed\n\n11 pending resolution of any motion to dismiss. See 15 U.S.C. \u00a7 78u-4(b)(3)(B).\n\n12 On March 17, 2022, the Court entered an Order granting plaintiff Schlatre\u2019s and\n\n13 Defendants\u2019 stipulation relieving Defendants from responding to the initial complaint until\n\n14 after the appointment of Lead Plaintiff and Lead Counsel. ECF No. 25. Instead, the Court\n\n15 ordered that: (1) Defendants\u2019 counsel and appointed lead counsel shall meet and confer on\n\n16 the deadline to file the amended complaint and Defendants\u2019 deadline to respond within ten\n\n17 (10) business days of the Court\u2019s appointment of a lead plaintiff and lead counsel; and (2) a\n\n18 briefing schedule shall be submitted within ten (10) business days after the parties met and\n\n19 conferred on said deadlines. ECF No. 25.\n\n20 On September 7, 2022, the Court held a hearing on the competing lead plaintiff\n\n21 motions and entered an order granting Carlos Marina\u2019s motion for appointment as Lead\n\n22 Plaintiff and approving his selection of Hagens Berman as lead counsel, and Aldrich Law\n\n23 Firm, Ltd. as liaison counsel. ECF No. 46. At the hearing, the Court directed Lead Counsel\n\n24 to meet and confer with Defendants\u2019 counsel and submit a briefing schedule for the filing of\n\n25 an amended complaint and the briefing on Defendants\u2019 motion to dismiss within two weeks\n\n26 of the hearing. The Court stated that the transcript of the lead plaintiff motion hearing shall\n\n27 serve as the Opinion and Order of the Court. ECF No. 46.\n\n28\n MOTION FOR ORDER EXTENDING DEADLINES\n Case No. 2:21-cv-02209-RFB-NJK\n 011074-11/2029204 V1 -1-\n\f Case 2:21-cv-02209-RFB-NJK Document 52 Filed 09/12/22 Page 3 of 8\n\n\n\n\n 1 On September 7, 2022, the Court entered a Minute Order, ruling that the deadline\n\n 2 for the filing of the amended complaint is due two weeks from September 7, 2022 (i.e.,\n\n 3 September 21, 2022). ECF No. 46.\n\n 4 Lead Counsel is diligently preparing an amended complaint, which allegations will\n\n 5 be more expansive than those in the original complaint filed by Schlatre, as is customary in\n\n 6 securities class actions governed by the Private Securities Litigation Reform Act\n\n 7 (\u201cPSLRA\u201d). Prior to doing so, extensive investigation will be needed to prepare a\n\n 8 sufficiently detailed amended complaint for this securities fraud class action which requires\n\n 9 particularized pleading to satisfy the PSLRA\u2019s heightened pleading standards. Accordingly,\n\n10 Lead Plaintiff respectfully requests that the Court set the date to file the amended complaint\n\n11 to October 21, 2022. To put this request into context, the time between the appointment of\n\n12 lead plaintiff and submission of the consolidated complaint \u2013 44 days \u2013 is shorter than the\n\n13 deadline set in other recent securities fraud cases in this District. See, e.g., Luo v. Spectrum\n\n14 Pharm., Inc., et al., Case No. 2:21-cv-01612, ECF. No. 35 (D. Nev. Mar. 2, 2022)\n\n15 (allowing court appointed lead plaintiff 60 days to file amended complaint following\n\n16 appointment); Sieggreen v. Live Ventures Inc., et al., Case No. 2:21-cv-01517, ECF No 11,\n\n17 19 (D. Nev. 2021) (allowing court appointed lead plaintiff 60 days to file amended\n\n18 complaint following appointment and further extending deadline for lead plaintiff to file\n\n19 amended complaint in light of parallel Securities Exchange Commission case relevant to\n\n20 preparation of the amended complaint); The Daniels Family Revocable Trust v. Las Vegas\n\n21 Sands Corp., et al., Case No. 2:20-cv-01958, ECF No. 25 (D. Nev. Jan. 26, 2021) (allowing\n\n22 court appointed lead plaintiff 62 days to file amended complaint following appointment).\n\n23 In addition, the parties also propose deadlines for the filing of Defendants\u2019\n\n24 responsive pleadings and briefing on any motion to dismiss, as set forth below:\n\n25 1. Defendants\u2019 responsive pleadings \u2013 December 6, 2022.\n\n26 2. Lead Plaintiff\u2019s opposition to any motion to dismiss \u2013 January 20, 2023.\n\n27 3. Defendants\u2019 reply in support of any motion to dismiss \u2013 February 17, 2023.\n\n28\n MOTION FOR ORDER EXTENDING DEADLINES\n Case No. 2:21-cv-02209-RFB-NJK\n 011074-11/2029204 V1 -2-\n\f Case 2:21-cv-02209-RFB-NJK Document 52 Filed 09/12/22 Page 4 of 8\n\n\n\n\n 1 CONCLUSION\n\n 2 Lead Plaintiff thus respectfully requests that the Court enter the attached [Proposed]\n\n 3 Order.\n\n 4\n\n 5\n DATED: September 12, 2022 HAGENS BERMAN SOBOL SHAPIRO LLP\n 6\n\n 7 By /s/ Lucas E. Gilmore\n Lucas E. Gilmore (admitted pro hac vice)\n 8 Reed R. Kathrein (to be admitted pro hac vice\n 715 Hearst Avenue, Suite 202\n 9 Berkeley, CA 94710\n Telephone: (510) 725-3000\n10 Facsimile: (510) 725-3001\n reed@hbsslaw.com\n11 lucasg@hbsslaw.com\n\n12 Steve W. Berman (to be admitted pro hac vice)\n HAGENS BERMAN SOBOL SHAPIRO LLP\n13 1301 Second Avenue, Suite 2000\n Seattle, WA 98101\n14 Telephone: (206) 623-7292\n Facsimile: (206) 623-0594\n15 steve@hbsslaw.com\n\n16 Attorneys for Lead Plaintiff\n Carlos Marina and Lead Counsel\n17\n John P. Aldrich, Esq.\n18 NV Bar No. 6877\n ALDRICH LAW FIRM, LTD\n19 7866 West Sahara Ave.\n Las Vegas NV 89117\n20 Tel. 702.853.5490\n Fax. 702.227.1975\n21 Email: jaldrich@johnaldrichlawfirm.com\n22 Liaison Counsel for Lead Plaintiff\n Carlos Marina\n23\n\n24\n\n25\n\n26\n\n27\n\n28\n MOTION FOR ORDER EXTENDING DEADLINES\n Case No. 2:21-cv-02209-RFB-NJK\n 011074-11/2029204 V1 -3-\n\f Case 2:21-cv-02209-RFB-NJK Document 52 Filed 09/12/22 Page 5 of 8\n\n\n\n\n 1 CERTIFICATE OF SERVICE\n\n 2 I hereby certify that on September 12, 2022, I electronically filed the foregoing\n 3\n document using the CM/ECF system which will send notification of such filing to the email\n 4\n addresses registered in the CM/ECF system, as denoted on the Electronic Mail Notice List.\n 5\n\n 6 HAGENS BERMAN SOBOL SHAPIRO LLP\n 7\n /s/ Lucas E. Gilmore\n 8 Lucas E. Gilmore\n 9\n\n10\n\n11\n\n12\n\n13\n\n14\n\n15\n\n16\n\n17\n\n18\n\n19\n\n20\n\n21\n\n22\n\n23\n\n24\n\n25\n\n26\n\n27\n\n28\n MOTION FOR ORDER EXTENDING DEADLINES\n Case No. 2:21-cv-02209-RFB-NJK\n 011074-11/2029204 V1 -4-\n\f Case 2:21-cv-02209-RFB-NJK Document 52 Filed 09/12/22 Page 6 of 8\n\n\n\n\n 1\n\n 2\n\n 3\n\n 4\n\n 5\n\n 6\n\n 7\n\n 8\n\n 9\n\n10\n\n11\n\n12\n\n13\n\n14\n\n15\n\n16\n\n17 UNITED STATES DISTRICT COURT\n DISTRICT OF NEVADA\n18\n TAD SCHLATRE, Individually and On Case No.: 2:21-cv-02209-RFB-NJK\n19 Behalf Of All Others Similarly Situated,\n CLASS ACTION\n20\n Plaintiff,\n [PROPOSED] ORDER GRANTING\n21 LEAD PLAINTIFF CARLOS\n v. MARINA\u2019S MOTION FOR ORDER\n22 EXTENDING DEADLINES ON\n MARATHON DIGITAL HOLDINGS, INC., FILING OF THE AMENDED\n23 COMPLAINT AND BRIEFING ON\n f/k/a MARATHON PATENT GROUP, INC.,\n MERRICK D. OKAMOTO, FREDERICK G. DEFENDANTS\u2019 RESPONSIVE\n24 PLEADINGS\n THIEL, and SIMEON SALZMAN,\n25\n Defendants.\n26\n\n27\n\n28\n\n\n 010468-11 721114V1\n\f Case 2:21-cv-02209-RFB-NJK Document 52 Filed 09/12/22 Page 7 of 8\n\n\n\n\n 1 Upon consideration of Lead Plaintiff Carlos Marina\u2019s Motion for Order Extending\n\n 2 Deadlines on Filing of the Amended Complaint and Briefing on Defendants\u2019 Responsive\n 3\n Pleadings and good cause appearing therefor,\n 4\n IT IS HEREBY ORDERED THAT:\n 5\n 1. The Motion is GRANTED;\n 6\n 1. Lead Plaintiff shall file an amended complaint on October 21, 2022;\n 7\n 2. Defendants shall file their motion to dismiss by December 6, 2022;\n 8\n 3. Lead Plaintiff shall file any opposition to any motion to dismiss by January\n 9\n 20, 2023.\n10\n 4. Defendants shall file any reply in support of any motion to dismiss by\n11\n February 17, 2023.\n12\n IT IS SO ORDERED.\n13\n\n14 DATED: __________________ ___________________________________________\n15 THE HONORABLE RICHARD F. BOULWARE, II\n UNITED STATES DISTRICT JUDGE\n16\n Submitted by:\n17\n Dated: September 12, 2022\n18\n HAGENS BERMAN SOBOL SHAPIRO LLP\n19\n By /s/ Lucas E. Gilmore\n20\n Lucas E. Gilmore (admitted pro hac vice)\n21 Reed R. Kathrein (to be admitted pro hac vice)\n 715 Hearst Avenue, Suite 202\n22 Berkeley, CA 94710\n Telephone: (510) 725-3000\n23 Facsimile: (510) 725-3001\n reed@hbsslaw.com\n24 lucasg@hbsslaw.com\n\n25 Steve W. Berman (to be admitted pro hac vice)\n HAGENS BERMAN SOBOL SHAPIRO LLP\n26 1918 Eighth Avenue, Suite 3300\n Seattle, WA 98101\n27 Telephone: (206) 623-7292\n Facsimile: (206) 623-0594\n28 steve@hbsslaw.com\n [PROP.] ORDER GRANTING MOT. EXTENDING -1-\n DEADLINES\n Case No. 2:21-cv-02209-RFB-NJK\n 010468-11 721114V1\n\f Case 2:21-cv-02209-RFB-NJK Document 52 Filed 09/12/22 Page 8 of 8\n\n\n\n\n 1\n Attorneys for Lead Plaintiff\n 2 Carlos Marina and Lead Counsel\n 3 John P. Aldrich, Esq.\n NV Bar No. 6877\n 4 ALDRICH LAW FIRM, LTD\n 7866 West Sahara Ave.\n 5 Las Vegas NV 89117\n 6 Tel. 702.853.5490\n Fax. 702.227.1975\n 7 Email: jaldrich@johnaldrichlawfirm.com\n\n 8 Liaison Counsel for Lead Plaintiff\n Carlos Marina\n 9\n\n10\n\n11\n\n12\n\n13\n\n14\n\n15\n\n16\n\n17\n\n18\n\n19\n\n20\n\n21\n\n22\n\n23\n\n24\n\n25\n\n26\n\n27\n\n28\n [PROP.] ORDER GRANTING MOT. EXTENDING -2-\n DEADLINES\n Case No. 2:21-cv-02209-RFB-NJK\n 010468-11 721114V1\n\f","ocr_status":2,"date_upload":"2022-09-14T01:37:48.578113-07:00","document_number":"52","attachment_number":null,"pacer_doc_id":"11509630976","is_available":true,"is_free_on_pacer":true,"is_sealed":null,"document_type":1,"description":"Order on Motion to Extend/Shorten Time","acms_document_guid":""}],"date_created":"2022-09-13T16:15:13.562730-07:00","date_modified":"2026-02-17T20:03:33.466489-08:00","date_filed":"2022-09-12","time_filed":null,"entry_number":52,"recap_sequence_number":"2022-09-12.002","pacer_sequence_number":229,"description":"ORDER Granting 51 Motion to Extend Time. It is Ordered that Lead Plaintiff shall file an amended complaint on October 21, 2022. See order for further details. Signed by Judge Richard F. Boulware, II on 9/12/2022. (Copies have been distributed pursuant to the NEF - LOE) (Entered: 09/13/2022)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/205828027/","id":205828027,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/61626505/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/211673735/","id":211673735,"tags":[],"absolute_url":"/docket/61626505/49/schlatre-v-marathon-digital-holdings-inc/","date_created":"2022-09-08T13:22:53.142453-07:00","date_modified":"2026-02-17T20:03:31.383520-08:00","sha1":"62376f2ddb49a4cd12f3d4ea9c88e4a9aef41d7c","page_count":7,"file_size":668766,"filepath_local":"recap/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.49.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.49.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"bh\n\nLad\n\nCase 2:21-cv-02209-RFB-NJK Document 49 Filed 09/08/22 Page1of7\n\nUNITED STATES DISTRICT COURT\n\nDISTRICT OF NEVADA\n) Case #2:21-cv-02209-RFB-NJK\nTAD SCHLATRE, et al.\n) VERIFIED PETITION FOR\nPlaintiff(s), ) PERMISSION TO PRACTICE\n) IN THIS CASE ONLY BY\nvs, ) ATTORNEY NOT ADMITTED\n) TO THE BAR OF THIS COURT\nMARATHON DIGITAL HOLDINGS, ) AND DESIGNATION OF\nINC.,, et al., ) LOCAL COUNSEL\n)\nDefendant(s). }\n) FILING FEE IS $250.00\nFrancis P. McConville , Petitioner, respectfully represents to the Court:\n(name of petitioner)\nle That Petitioner is an attorney at law and a member of the law firm of\nLabaton Sucharow LLP\n(firm name)\nwith offices at 140 Broadway\n(street address)\nNew York ; New York ,___ 10005\n(city) (state) (zip code)\n(212) 907-0700 . fmeconville@labaton.com\n(area code + telephone number) (Email address)\n2. That Petitioner has been retained personally or as a member of the law firm by\nEvan Dana to provide legal representation in connection with\n\n[client(s)]\n\nthe above-entitled case now pending before this Court.\n\nRev. 5/16\n\n\fOo \u201cS NAN WN Ff\n\n\\O\n\n10\n1\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nCase 2:21-cv-02209-RFB-NJK Document 49 _ Filed 09/08/22 Page 2 of7\n\n3. That since July 14, 2009 , Petitioner has been and presently is a\n(date)\nmember in good standing of the bar of the highest Court of the State of New York\n(state)\n\nwhere Petitioner regularly practices law. Petitioner shall attach a certificate from the state bar or\nfrom the clerk of the supreme court or highest admitting court of each state, territory, or insular\npossession of the United States in which the applicant has been admitted to practice law certifying\nthe applicant's membership therein is in good standing.\n\n4. That Petitioner was admitted to practice before the following United States District\nCourts, United States Circuit Courts of Appeal, the Supreme Court of the United States and Courts\nof other States on the dates indicated for each, and that Petitioner is presently a member in good\n\nstanding of the bars of said Courts.\n\nCourt Date Admitted Bar Number\nDistrict of Colorado June 6, 2014 n/a\nEastern District of Michigan September 17, 2014 n/a\nEastern District of New York February 29, 2012 n/a\nWestern District of New York July 1, 2021 n/a\nSouthern District of New York February 10, 2012 FM4233\n5. That there are or have been no disciplinary proceedings instituted against petitioner,\n\nnor any suspension of any license, certificate or privilege to appear before any judicial, regulatory\nor administrative body, or any resignation or termination in order to avoid disciplinary or\n\ndisbarment proceedings, except as described in detail below:\n\nnone\n\n2 Rev. 5/16\n\n\fb&b Ww Wd\n\nOo Oo SN NHN NM\n\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nCase 2:21-cv-02209-RFB-NJK Document 49 _ Filed 09/08/22 Page 3of7\n\n6. That Petitioner has never been denied admission to the State Bar of Nevada. (Give\n\nparticulars if ever denied admission):\n\nInone\n\n7. That Petitioner is a member of good standing in the following Bar Associations.\n\nnone.\n\n8. Petitioner has filed application(s) to appear as counsel under Local Rule IA 11-2\n\n(formerly LR IA 10-2) during the past three (3) years in the following matters: (State \"none\" if no applications.)\n\nDate of Application Cause Title of Court Was Application\nAdministrative Body Granted or\nor Arbitrator Denied\nNone\n\n(If necessary, please attach a statement of additional applications)\n9. Petitioner consents to the jurisdiction of the courts and disciplinary boards of the\nState of Nevada with respect to the law of this state governing the conduct of attorneys to the same\nextent as a member of the State Bar of Nevada.\n10. Petitioner agrees to comply with the standards of professional conduct required of\nthe members of the bar of this court.\n11. Petitioner has disclosed in writing to the client that the applicant is not admitted to\n\npractice in this jurisdiction and that the client has consented to such representation.\n\n3 Rev. 5/16\n\n\fCase 2:21-cv-02209-RFB-NJK Document 49 _ Filed 09/08/22 Page4of7\n\nThat Petitioner respectfully prays that Petitioner be admitted to practice before this Court\n\n(foe\n\n\u201cPetitioner\u2019s signature\n\nFOR THE PURPOSES OF THIS CASE ONLY.\n\nSTATE OF _NEW YORK )\nCOUNTY OF NEW YORK )\n\nFrancis P. McConville , Petitioner, being first duly sworn, deposes and says:\nThat the foregoing statements are true. ae)\n\nPetitioner\u2019s signature\n\nSubscribed and sworn to before me this\n\nday of _September \u00bb 2022\nARLENE RODRIGUEZ\nOn ote LDR AMAL otary Public, State of New York\n\nNotary Pyiblic or Clerk) of Com No. 01RO6180571\nQualified in New York County\n\nCommission Expires 01/14/2029\n\nDESIGNATION OF RESIDENT ATTORNEY ADMITTED TO\nTHE BAR OF THIS COURT AND CONSENT THERETO.\n\nPursuant to the requirements of the Local Rules of Practice for this Court, the Petitioner\nbelieves it to be in the best interests of the client(s) to designate Don Springmeyer\n\n(name of local counsel)\nAttorney at Law, member of the State of Nevada and previously admitted to practice before the\n\nabove-entitled Court as associate resident counsel in this action. The address and email address of\n\nsaid designated Nevada counsel is:\n\nKemp Jones LLP, 3800 Howard Hughes Parkway\n\n(street address)\nLas Vegas , Nevada ; 89169\n(city) {state} (zip code)\n702-385-6000 , d.springmeyer@kempjones.com\n(area code + telephone number) (Email address)\n\n4 Rev. 5/16\n\n\f10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nCase 2:21-cv-02209-RFB-NJK Document 49 _ Filed 09/08/22 Page5of/7\n\nBy this designation the petitioner and undersigned party(ies) agree that this designation constitutes\n\nagreement and authorization for the designated resident admitted counsel to sign stipulations\n\nbinding on all of us.\n\nAPPOINTMENT OF DESIGNATED RESIDENT NEVADA COUNSEL\n\nThe undersigned party(ies) appoint(s) Don Springmeyer\n\nas\n\n(name of local counsel)\nhis/her/their Designated Resident Nevada Counsel in this case.\n\nDocuSigned by:\n\nBaw Dana\n\n769D4B7C3B88493...\n(pally S Signatie)\n\nEvan Dana, Movant\n\n(type or print party name, title)\n\n(party's signature)\n\n(type or print party name, title)\n\nCONSENT OF DESIGNE\n\nThe undersigned hereby consents to s\n4\n\neas a%oc/ate resident Nevada counsel in this case.\n\nt&\u00e9d Residgnt Nevada Younsel\u2019s signature\nSBN 1021 .springmeyer\n\nkempjones.com\n\nBar number Email address\n\nAPPROVED:\n\nDATED this 8th day of September, 2022.\n\nAS\n\nRICHARD \u00a5- BOULWARE, II\nUnited States District Judge 5\n\nRev. 5/16\n\n\fCase 2:21-cv-02209-RFB-NJK Document 49 _ Filed 09/08/22 Page 6of/7\n\nExhibit A\n\fCase 2:21-cv-02209-RFB-NJK Document 49 _ Filed 09/08/22 Page /7 of7\n\nAppellate Division of the Supreme Court\nof the State of New York\nFirst Judicial Department\n\nJ, Susanna M. Rojas, Clerk of the Appellate Division of the\nSupreme Court of the State of New York, First Judicial\nDepartment, do hereby certify that\n\nFrancis Paul Mcconville\n\nwas duly licensed and admitted to practice as an Attorney and\nCounselor at Law in all the courts of this State on July 13, 2009,\nhas duly taken and subscribed the oath of office prescribed by law,\nhas been enrolled in the Roll of Attorneys and Counselors at Law\non file in this office, is duly registered with the Administration\nOffice of the Courts, and according to the records of this Court is\ncurrently in good standing as an Attorney and Counselor-at-Law.\n\nIn Witness Whereof, I have hereunto set\nmy hand in the City of New York on\nJune 9, 2022.\n\nClerk of the Court\n\nCertID-00070277\n","ocr_status":1,"date_upload":"2025-01-23T04:58:51.640477-08:00","document_number":"49","attachment_number":null,"pacer_doc_id":"11509623761","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Order on Verified Petition for Permission to Practice Pro Hac Vice","acms_document_guid":""}],"date_created":"2022-09-08T13:22:53.135485-07:00","date_modified":"2026-02-17T20:03:30.965098-08:00","date_filed":"2022-09-08","time_filed":null,"entry_number":49,"recap_sequence_number":"2022-09-08.003","pacer_sequence_number":209,"description":"ORDER Granting 45 Verified Petition for Permission to Practice Pro Hac Vice for Francis P. McConville and approving Designation of Local Counsel as to Don Springmeyer. Signed by Judge Richard F. Boulware, II on 9/8/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov(Copies have been distributed pursuant to the NEF - LOE) (Entered: 09/08/2022)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/205816454/","id":205816454,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/61626505/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/211662039/","id":211662039,"tags":[],"absolute_url":"","date_created":"2022-09-08T12:22:52.107757-07:00","date_modified":"2022-09-08T12:22:52.110696-07:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Order on Motion for Appointment of Counsel AND Order on Motion for Appointment of Counsel AND Order on Motion for Appointment of Counsel AND Order on Motion for Appointment of Counsel AND Order on Motion for Appointment of Counsel AND ~Util - 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Terminate Deadlines/Hearings AND Order on Motion for Appointment of Counsel AND Order on Motion for Appointment of Counsel AND Order on Motion for Appointment of Counsel","acms_document_guid":""}],"date_created":"2022-09-08T07:17:42.681093-07:00","date_modified":"2022-09-08T07:17:42.681107-07:00","date_filed":"2022-09-08","time_filed":null,"entry_number":null,"recap_sequence_number":"2022-09-08T04:57:46+00:00.001","pacer_sequence_number":null,"description":"","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/205748507/","id":205748507,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/61626505/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/211592930/","id":211592930,"tags":[],"absolute_url":"","date_created":"2022-09-07T22:24:38.146155-07:00","date_modified":"2022-09-07T22:24:38.150181-07:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Order on Motion for Appointment of Counsel AND ~Util - 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Gilmore , Petitioner, respectfully represents to the Court:\n\n(name of petitioner)\nL. That Petitioner is an attorney at law and a member of the law firm of\n\nHagens Berman Sobol Shapiro LLP\n\n(firm name)\n\nwith offices at 715 Hearst Avenue, Suite 300\n(street address)\nBerkeley . California _ 94710\n(city) (state) (zip code)\n(510) 725-3052 . lucasg(@hbsslaw.com\n(area code + telephone number) (Email address)\n2. That Petitioner has been retained personally or as a member of the law firm by\nMovant Carlos Marina to provide legal representation in connection with\n[client(s)]\n\nthe above-entitled case now pending before this Court.\n\nRev. 5/16\n\n\fdlase 2:21-cv-02209-RFB-NJK Document 42 Filed 09/06/22 Page 2of8\nDocuSign Envelope ID: 3B173760-23ED-4146-B44D-26C43341648F\n\nl 3. That since 11/19/2007 , Petitioner has been and presently is a\n(date)\n2 member in good standing of the bar of the highest Court of the State of California\n(state)\n3 where Petitioner regularly practices law. Petitioner shall attach a certificate from the state bar or\n\n4] from the clerk of the supreme court or highest admitting court of each state, territory, or insular\n5 || possession of the United States in which the applicant has been admitted to practice law certifying\nthe applicant's membership therein is in good standing.\n\n4. That Petitioner was admitted to practice before the following United States District\n\noOo ss AN\n\nCourts, United States Circuit Courts of Appeal, the Supreme Court of the United States and Courts\ng of other States on the dates indicated for each, and that Petitioner is presently a member in good\n10} standing of the bars of said Courts.\n\nLl Court Date Admitted Bar Number\n12 See Exhibit A\n\n5. That there are or have been no disciplinary proceedings instituted against petitioner,\nnor any suspension of any license. certificate or privilege to appear before any judicial, regulatory\nor administrative body, or any resignation or termination in order to avoid disciplinary or\n\ndisbarment proceedings, except as described in detail below:\n\n20 Nana. \u2014 - \u2014_____\u2014\u2014\n\nRev. 5/16\n\n\fdase 2:21-cv-02209-RFB-NJK_ Document 42 Filed 09/06/22 Page 3of8\nDocuSign Envelope ID: 3B173760-23ED-4146-B44D-26C43341648F\n\ntM\n\n6. That Petitioner has never been denied admission to the State Bar of Nevada. (Give\n\nparticulars if ever denied admission):\n\nNone.\n\n7. That Petitioner is a member of good standing in the following Bar Associations.\n\nNone.\n\n8. Petitioner has filed application(s) to appear as counsel under Local Rule IA 11-2\n\n(formerly LR [A 10-2) during the past three (3) years in the following matters: (State \"none\" if no applications.)\n\nDate of Application Cause Title of Court Was Application\nAdministrative Body Granted or\nor Arbitrator Denied\nNone.\n\n(If necessary, please attach a statement of additional applications)\na. Petitioner consents to the jurisdiction of the courts and disciplinary boards of the\nState of Nevada with respect to the law of this state governing the conduct of attorneys to the same\nextent as a member of the State Bar of Nevada.\n10. Petitioner agrees to comply with the standards of professional conduct required of\nthe members of the bar of this court.\nIl. Petitioner has disclosed in writing to the client that the applicant is not admitted to\n\npractice in this jurisdiction and that the client has consented to such representation.\n\n3 Rev. 5/16\n\n\f2 Page4ofs\n:21-cv-02209-RFB-NJK Document 42 Filed 09/06/2\nDocuSign eqeeeiGeen Leute 46-B44D-26C43341648F\n\nNe\n\nho\n\nNo\nho\n\nThat Petitioner respectfully prays that Petitioner be admitted to practice before this Court\n\nFOR THE PURPOSES OF THIS CASE ONLY.\n\nPetition\u00e9f\u2019s signature\n\nSTATE OF California\n\nNe\n\nCOUNTY OF San Diego )\n\nLucas E. Gilmore . Petitioner, being first duly sworn, deposes and says:\n\nThat the foregoing statements are true, \u2014[L_&\n\n~ Petitioner\u2019s signature\n\nSubscribed and sworn to before me this\n\nsi\n\n3S/ day of Presi gO22 1. \u2014 te \u201ct\n: z\nf\n\nNotary Public - California\nSan Diego County\n\n: \u00a2 \u00ae Cammission # 2330293\nMC, tr ere iig a,\n\nNotary Public or Clerk of Court\n\nDESIGNATION OF RESIDENT ATTORNEY ADMITTED TO\nTHE BAR OF THIS COURT AND CONSENT THERETO.\n\nPursuant to the requirements of the Local Rules of Practice for this Court, the Petitioner\nbelieves it to be in the best interests of the client(s) to designate John P. Aldrich\n\n(name of local counsel)\nAttorney at Law, member of the State of Nevada and previously admitted to practice before the\n\n3\n\nabove-entitled Court as associate resident counsel in this action. The address and email address of\n\nsaid designated Nevada counsel is:\n\n7866 West Sahara Avenue\n(street address)\n\nLas Vegas , Nevada . 89117,\n(city) (state) (zip code)\n(702) 853-5490 , jaldrich@johnaldrichlawfirm.com\n(area code + telephone number) (Email address)\n\n4 Rev. 5/16\n\n\fNt\n\nase 2:21 cv-02209-RFB NJK = Document 42 Filed 09/06/22 Page5of8\n\nBy this designation the petitioner and undersigned party(ies) agree that this designation constitutes\nagreement and authorization for the designated resident admitted counsel to sign stipulations\n\nbinding on all of us.\n\nAPPOINTMENT OF DESIGNATED RESIDENT NEVADA COUNSEL\n\nThe undersigned party(ies) appoint(s) John P. Aldrich as\n(name of local counsel)\nhis/her/their Designated Resident Nevada Counsel in this case.\n\nDocuSigned by:\n\nCavlos Manna\n\n= 6D476C10DEAB4CE..\n(party's signature)\n\nCarlos Marina, Movant\n(type or print party name, title)\n\n(party's signature)\n\n(type or print party name, title)\n\nCONSENT OF DESIGNEE\nThe undersigned hereby consents to serve as associate resident Nevada counsel in this case.\n\nff Cap\n\nDesighated Resident Nevada Counsel's signature\n\n6877 jaldrich@johnaldrichlawfirm.com\nBar number Email address\n\nAPPROVED:\n\nDATED this 6th day of September, 2022.\n\nRIC WARE, II 5\n\n4 a Rev. 5/16\nUnited States District Judge *\n\n\foO\n\n2209-RFB-NJK _ Document 42 Filed 09/06/22 Page 6of8\n146-B44D-26C43341648F\n\nCV-\n3E\n\ni\n\nExhibit A\n\nBar Admissions\n\fDocument 42\n\nFiled 09/06/22\n\nPage 7 of 8\n\nCOURT ADMISSION DATE\nSupreme Court of California Nov. 19, 2007\nU.S. District Court for the Northern District Dec. 20, 2007\nof California\nU.S. Bankruptcy Court for the Northern Dec. 20, 2007\nDistrict of California\nU.S. District Court for the Eastern District of July 30, 2014\nCalifornia\nU.S. District Court for the Central District of July 29, 2014\nCalifornia\nU.S. District Court for the Southern District Jan. 22, 2018\nof California\nU.S. Court of Appeals for the Ninth Circuit May 22, 2018\nU.S. Court of Appeals for the Second Circuit May 22, 2019\n\n\fCase 2:21-cv-02209-RFB-NJK Document 42 Filed 09/06/22 Page 8of8\n\nThe State Bar OFFICE OF ATTORNEY REGULATION &\noO rf California CONSUMER RESOURCES\n180 Howard Street, San Francisco, CA 94105 AttorneyRegulation@calbar.ca,gov\n\n888-800-3400\n\nCERTIFICATE OF STANDING\n\nAugust 30, 2022\n\nTO WHOM IT MAY CONCERN:\n\nThis is to certify that according to the records of the State Bar, LUCAS ERSKINE\nGILMORE, #250893 was admitted to the practice of law in this state by the Supreme\nCourt of California on November 19, 2007 and has been since that date, and is at\ndate hereof, an ACTIVE licensee of the State Bar of California; and that no\nrecommendation for discipline for professional or other misconduct has ever been\nmade by the Board of Trustees or a Disciplinary Board to the Supreme Court of the\nState of California.\n\nTHE STATE BAR OF CALIFORNIA\n\nDina DiLoreto\nCustodian of Records\n\n","ocr_status":1,"date_upload":"2025-01-23T05:00:46.965609-08:00","document_number":"42","attachment_number":null,"pacer_doc_id":"11509620454","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Order on Verified Petition for Permission to Practice Pro Hac Vice","acms_document_guid":""}],"date_created":"2022-09-07T08:19:13.705324-07:00","date_modified":"2026-02-17T20:03:25.429737-08:00","date_filed":"2022-09-06","time_filed":null,"entry_number":42,"recap_sequence_number":"2022-09-06.002","pacer_sequence_number":178,"description":"ORDER Granting 39 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Lucas E. Gilmore for Carlos Marina and approving Designation of Local Counsel as to John P. Aldrich. Signed by Judge Richard F. Boulware, II on 9/6/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov(Copies have been distributed pursuant to the NEF - KF) (Entered: 09/07/2022)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/205646307/","id":205646307,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/61626505/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/211489391/","id":211489391,"tags":[],"absolute_url":"/docket/61626505/43/schlatre-v-marathon-digital-holdings-inc/","date_created":"2022-09-07T08:19:13.668903-07:00","date_modified":"2026-02-17T20:03:26.579477-08:00","sha1":"9a1568004cf86804610e0202ba26517caab51ea9","page_count":6,"file_size":1904241,"filepath_local":"recap/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.43.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.43.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"I\nDocuSign Envelope IQ-QEBB29S 4E RRB PIE RE ENE\u201d Document 43 Filed 09/06/22 Page 1of6\n\n1\n2\n3\n4\n5\n6 UNITED STATES DISTRICT COURT\nDISTRICT OF NEVADA\n7\n8 ) Case # 2:21-cv-02209-RFB-NJK\nTad Schlatre, Individually and on Behalf )\n9]| of All Others Similarly Situated, )\n) VERIFIED PETITION FOR\n10 Plaintiff(s), ) PERMISSION TO PRACTICE\n) IN THIS CASE ONLY BY\n11 VS. ) ATTORNEY NOT ADMITTED\n) TO THE BAR OF THIS COURT\n12 wos . ) AND DESIGNATION OF\nMarathon Digital Holdings, Inc. et al. ) LOCAL COUNSEL\n13 )\nDefendant(s). )\n14 ) FILING FEE IS $250.00\n15\n16 Charles H. Linehan , Petitioner, respectfully represents to the Court:\n(name of petitioner)\n17\n1. That Petitioner is an attorney at law and a member of the law firm of\n18 Glancy Prongay & Murray LLP\n19 (firm name)\n20 || with offices at 195 Century Park East, Suite 2100 ,\n(street address)\n21 Los Angeles , California , 90067\n22 (city) (state) (zip code)\n23 (310) 201-9150 , clinehan@glancylaw.com\n(area code + telephone number) (Email address)\n24\n2. That Petitioner has been retained personally or as a member of the law firm by\n25 oe .\nLead Plaintiff Movant Pathma Venasithamby to provide legal representation in connection with\n26 [client(s)]\n27|| the above-entitled case now pending before this Court.\n28 Rev. 5/16\n\n\fI\nDocuSign Envelope IQ-QEBB29G 4E RR AB PIE RE ENE\u201d Document 43 Filed 09/06/22 Page 2 of 6\n\nOo Oo SI HN A FP WD NYO\n\nNO NO ND NM WH WN WH NHN HNO Bee Fe FF FF Se Se Se eel\nao nN HN OH FP WY NY KF DOD Oo OH s HN A FP WO NO KF OS\n\n3. That since December 5, 2015 , Petitioner has been and presently is a\n(date) a\nmember in good standing of the bar of the highest Court of the State of California\n(state)\n\nwhere Petitioner regularly practices law. Petitioner shall attach a certificate from the state bar or\nfrom the clerk of the supreme court or highest admitting court of each state, territory, or insular\npossession of the United States in which the applicant has been admitted to practice law certifying\nthe applicant's membership therein is in good standing.\n\n4. That Petitioner was admitted to practice before the following United States District\nCourts, United States Circuit Courts of Appeal, the Supreme Court of the United States and Courts\nof other States on the dates indicated for each, and that Petitioner is presently a member in good\n\nstanding of the bars of said Courts.\n\nCourt Date Admitted Bar Number\n\nSupreme Court of California December 5, 2015 307439\nU.S. Court of Appeals, Second Circuit June 6, 2019 N/A\n\nU.S. Court of Appeals, Third Circuit October 3, 2016 16-3607\nU.S. Court of Appeals, Ninth Circuit December 10, 2015 N/A\nU.S.D.C., Northern District of California December 30, 2015 N/A\nU.S.D.C., Central District of California December 15, 2015 N/A\n\n5. That there are or have been no disciplinary proceedings instituted against petitioner,\n\nnor any suspension of any license, certificate or privilege to appear before any judicial, regulatory\nor administrative body, or any resignation or termination in order to avoid disciplinary or\n\ndisbarment proceedings, except as described in detail below:\n\nNone.\n\n2 Rev. 5/16\n\n\fI\nDocuSign Envelope IQ-QEBB29G 4EOR 5 PIE EEE NIIE*\u201d Document 43 Filed 09/06/22 Page 3 of 6\n\nOo Oo SI HN A FP WD NYO\n\nNO NO ND NM WH WN WH NHN HNO Bee Fe FF FF Se Se Se eel\nao nN HN OH FP WY NY KF DOD Oo OH s HN A FP WO NO KF OS\n\n6. That Petitioner has never been denied admission to the State Bar of Nevada. (Give\n\nparticulars if ever denied admission):\n\nNone.\n\n7. That Petitioner is a member of good standing in the following Bar Associations.\n\nNone.\n\n8. Petitioner has filed application(s) to appear as counsel under Local Rule IA 11-2\n\n(formerly LR IA 10-2) during the past three (3) years in the following matters: (State \"none\" if no applications.)\n\nDate of Application Cause Title of Court Was Application\nAdministrative Body Granted or\nor Arbitrator Denied\nAugust 4, 2020 2:20-cv-01209 U.S.D.C., District of Nevada Granted\nAugust 26, 2021 2:21-cv-01517 U.S.D.C., District of Nevada Granted\n\n(If necessary, please attach a statement of additional applications)\n9. Petitioner consents to the jurisdiction of the courts and disciplinary boards of the\nState of Nevada with respect to the law of this state governing the conduct of attorneys to the same\nextent as a member of the State Bar of Nevada.\n10. Petitioner agrees to comply with the standards of professional conduct required of\nthe members of the bar of this court.\n11. Petitioner has disclosed in writing to the client that the applicant is not admitted to\n\npractice in this jurisdiction and that the client has consented to such representation.\n\n3 Rev. 5/16\n\n\fDocuSign Envelope IDE BB28G t ERB STU EEN\u201d Document 43 Filed 09/06/22 Page 4 of 6\n\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n2\n23\n24\n25\n26\n27\n28\n\nThat Petitioner respectfully prays that Petitioner be admitted to practice before this Court\n\nFOR THE PURPOSES OF THIS CASE ONLY.\n(\u2019 t(l~-ZZn\u2014\n\nPetitioner\u2019s signature\n\nSTATE OF California )\n\n)\nCOUNTY OF ____Los Angeles)\n\nCharles H. Linehan __, Petitioner, being first duly sworn, deposes and says:\n\nThat the foregoing statements are true. UL XY F\n\nPetitioner's signature\n\nSubscribed and sworn to before me this\n\n{ st day of Seotem bec . 202?\n\nsor HARRY H. KHARADJIAN\nSe pee \u00ab= Notary Public - California\nie ase Los Angeles County\n\n@lerk of Court Ky Commission # 2275532\nNetary Public or a My Comm. Expires Jan 19, 2023\n\nDESIGNATION OF RESIDENT ATTORNEY ADMITTED TO\nTHE BAR OF THIS COURT AND CONSENT THERETO.\n\nPursuant to the requirements of the Local Rules of Practice for this Court, the Petitioner\nbelieves it to be in the best interests of the client(s) to designate Andrew R. Muehlbauer, Esq. ,\n\n(name of local counsel)\nAttorney at Law, member of the State of Nevada and previously admitted to practice before the\n\nabove-entitled Court as associate resident counsel in this action. The address and email address of\n\nsaid designated Nevada counsel is\n\n7915 West Sahara Avenue, Suite 104\n(street address)\n\nLas Vegas ; Nevada ; 89117,\n(city) (state) (zip code)\n(702) 330-4505 : andrewa@milolegal.com\n(area code + telephone number) (Email address)\n\n4 Rev. 5/16\n\n\fGiase 2:21-cv-02209-RFB-NJK__ Document 43 __\u2014 Filed 09/06/22 Page 5 of 6\nDocuSign Envelope ID: FOFBB29C-4E0B-4E76-A892-9AF2ECB97E47\n\n1 By this designation the petitioner and undersigned party(ies) agree that this designation constitutes\n2|| agreement and authorization for the designated resident admitted counsel to sign stipulations\n3 | binding on all of us.\n4\n5 APPOINTMENT OF DESIGNATED RESIDENT NEVADA COUNSEL\n6\nT The undersigned party(ies) appoint(s) Andrew R. Muehlbauer, Esq. as\n(name of local counsel)\n8 || _his/her/their Designated Resident Nevada Counsel in this case.\na\n10 Patluma Vurasithamly\n(party's signature)\n11\nLead Plaintiff Movant Pathma Venasithamby\ni2 (type or print party name, title)\n13\n(party's signature)\n14\n15\n(type or print party name, title)\n16\n17 CONSENT OF DESIGNEE\nThe undersigned hereby consents to serve as associate reg apdent Nevada counsel in this case.\n18\n20 Designated = [Wy Counsel\u2019s signature\n21 10161 andrew@mlolegal.com\nAPPROVED: Bar number Email address\n22\n23 :\nDATED this \u00a2\u00a2h day of September, 2022.\n24\n=\n26\nzt\ni RIC WARE, I\nUnited States District Judge 5 Rev. 5/16\n\n\fDocuSign Envelope IDeDEBP28S 4508/46 POSER EENSIE*\u201d Document 43 Filed 09/06/22 Page 6 of 6\n\nSupreme Court of California\n\nJORGE E. NAVARRETE\n\nClerk and Executive Officer of the Supreme Court\n\nCERTIFICATE OF THE CLERK OF THE SUPREME COURT\n\nOF THE\n\nSTATE OF CALIFORNIA\n\nCHARLES HENRY LINEHAN\n\nI, JORGE E. NAVARRETE, Clerk of the Supreme Court of the State of California, do\nhereby certify that CHARLES HENRY LINEHAN, #307439, was on the 5\" day of\nDecember, 2015, duly admitted to practice as an attorney and counselor at law in all the\ncourts of this state, and is now listed on the Roll of Attorneys as a member of the bar of this\n\nstate in good standing.\n\nWitness my hand and the seal of the court\non the 3 day of August 2022.\n\nJORGE E. NAVARRETE\nClerk of the Supreme Court\n\n\u2014\n\nBiying Jid Assistant Deputy Clerk\n\n","ocr_status":1,"date_upload":"2025-01-23T05:11:42.623962-08:00","document_number":"43","attachment_number":null,"pacer_doc_id":"11509620457","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Order on Verified Petition for Permission to Practice Pro Hac Vice","acms_document_guid":""}],"date_created":"2022-09-07T08:19:13.661818-07:00","date_modified":"2026-02-17T20:03:26.196617-08:00","date_filed":"2022-09-06","time_filed":null,"entry_number":43,"recap_sequence_number":"2022-09-06.003","pacer_sequence_number":181,"description":"ORDER Granting 40 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Charles H. Linehan for Pathma Venasithamby and approving Designation of Local Counsel as to Andrew R. Muehlbauer. Signed by Judge Richard F. Boulware, II on 9/6/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov(Copies have been distributed pursuant to the NEF - KF) (Entered: 09/07/2022)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/205646306/","id":205646306,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/61626505/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/211489390/","id":211489390,"tags":[],"absolute_url":"/docket/61626505/44/schlatre-v-marathon-digital-holdings-inc/","date_created":"2022-09-07T08:19:13.629770-07:00","date_modified":"2026-02-17T20:03:27.021043-08:00","sha1":"0a8b608434701b61f8a01534cbe36d5388690a07","page_count":7,"file_size":1968872,"filepath_local":"recap/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.44.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.44.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"nO BB W bd\n\nOo \u00a9 ~ DH\n\n10\n1]\ni\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nCase 2:21-cv-02209-RFB-NJK Document 44 _ Filed 09/06/22 Page1of7\n\nUNITED STATES DISTRICT COURT\n\nDISTRICT OF NEVADA\n) Case #2:21-cv-02209-RFB-NJK\nTAC SCHLARTE, Individually and on )\nBehalf of all others similarly situated )\n) VERIFIED PETITION FOR\nPlaintiff(s), ) PERMISSION TO PRACTICE\n) IN THIS CASE ONLY BY\nVS. ) ATTORNEY NOT ADMITTED\n) TO THE BAR OF THIS COURT\n) AND DESIGNATION OF\nMARATHON DIGITAL HOLDINGS, INC. ) LOCAL COUNSEL\n)\nDefendant(s). )\n) FILING FEE IS $250.00\nAdam M. Apton , Petitioner, respectfully represents to the Court:\n\n(name of petitioner)\n\n1. That Petitioner is an attorney at law and a member of the law firm of\n\nLevi & Korinsky, LLP\n\n(firm name)\n\nwith offices at 55 Broadway, 10th Floor ,\n(street address)\nNew York , New York , 10006 ,\n(city) (state) (zip code)\n212.363.7500 , aapton@zlk.com\n(area code + telephone number) (Email address)\nDe That Petitioner has been retained personally or as a member of the law firm by\n\nCorey Wiedel\n\nto provide legal representation in connection with\n\n[client(s)]\n\nthe above-entitled case now pending before this Court.\n\nRev. 5/16\n\n\fSo Oo HN DBD OO BR WY PO Ke\n\nNO NO NO YN KN DN RO DR DR mw mkt\noO ND HN FSF Ww NH & DB OO we NIN DB HW BP WO BO KF CO\n\nCase 2:21-cv-02209-RFB-NJK Document 44 _ Filed 09/06/22 Page 2 of7\n\n3. That since January 27, 2010 , Petitioner has been and presently is a\n(date)\nmember in good standing of the bar of the highest Court of the State of New York\n(state)\n\nwhere Petitioner regularly practices law. Petitioner shall attach a certificate from the state bar or\nfrom the clerk of the supreme court or highest admitting court of each state, territory, or insular\npossession of the United States in which the applicant has been admitted to practice law certifying\nthe applicant's membership therein is in good standing.\n\n4, That Petitioner was admitted to practice before the following United States District\nCourts, United States Circuit Courts of Appeal, the Supreme Court of the United States and Courts\nof other States on the dates indicated for each, and that Petitioner is presently a member in good\n\nstanding of the bars of said Courts.\n\nCourt Date Admitted Bar Number\nSee Addendum\n5. That there are or have been no disciplinary proceedings instituted against petitioner,\n\nnor any suspension of any license, certificate or privilege to appear before any judicial, regulatory\nor administrative body, or any resignation or termination in order to avoid disciplinary or\n\ndisbarment proceedings, except as described in detail below:\n\nNone.\n\nZ Rev. 5/16\n\n\foO Oo NN DH\n\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nCase 2:21-cv-02209-RFB-NJK Document 44 _ Filed 09/06/22 Page 3of/7\n\n6. That Petitioner has never been denied admission to the State Bar of Nevada. (Give\n\nparticulars if ever denied admission):\n\nNone.\n\n7. That Petitioner is a member of good standing in the following Bar Associations.\n\nNone.\n\n8. Petitioner has filed application(s) to appear as counsel under Local Rule IA 11-2\n\n(formerly LR IA 10-2) during the past three (3) years in the following matters: (State \"none\" if no applications.)\n\nDate of Application Cause Title of Court Was Application\nAdministrative Body Granted or\nor Arbitrator Denied\nNone.\n\n(If necessary, please attach a statement of additional applications)\n9, Petitioner consents to the jurisdiction of the courts and disciplinary boards of the\nState of Nevada with respect to the law of this state governing the conduct of attorneys to the same\nextent as a member of the State Bar of Nevada.\n10. Petitioner agrees to comply with the standards of professional conduct required of\nthe members of the bar of this court.\n11. Petitioner has disclosed in writing to the client that the applicant is not admitted to\n\npractice in this jurisdiction and that the client has consented to such representation.\n\n3 Rev. 5/16\n\n\f& WwW\n\nOo CO SI DN\n\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nCase 2:21-cv-02209-RFB-NJK Document 44 _ Filed 09/06/22 Page4of7\n\nThat Petitioner respectfully prays that Petitioner be admitted to practice before this Court\nFOR THE PURPOSES OF THIS CASE ONLY.\n\njt ~~\nSTATE OF Connecticut )\n)\nCOUNTY OF Fairfield )\nAdam M. Apton , Petitioner, be} ie firs \\duly sworn} Ueposes and says:\nThat the foregoing statements are true. 1\n\nPetitioner's signgture\nSubscribed and sworn to before me this\n\nA\nG* day of September dOaAD\n\nDESIGNATION OF RESIDENT ATTORNEY ADMITTED TO\nTHE BAR OF THIS COURT AND CONSENT THERETO.\n\neurt Camm Stone (\u2014 of he Su pener or?\n\nPursuant to the requirements of the Local Rules of Practice for this Court, the Petitioner\n\nbelieves it to be in the best interests of the client(s) to designate ___David C. O'Mara, Esq.\n(name of local counsel)\nAttorney at Law, member of the State of Nevada and previously admitted to practice before the\n\nabove-entitled Court as associate resident counsel in this action. The address and email address of\n\nsaid designated Nevada counsel is:\n\n311 E. Liberty Street\n\n(street address)\nReno , Nevada , 89501 ;\n(city) (state) (zip code)\n775.323.1321 , david@omaralaw.net\n(area code + telephone number) (Email address)\n\n4 Rev. 5/16\n\n\fFiled 09/06/22 Page5of7\n\nBy this designation the petitioner and undersigned party(ies) agree that this designation constitutes\n\nDavid C. O'Mara, Esq.\n\n{name of local counsel)\nthis case.\n\nCory Wiedel, Lead Plaintiff Movant\n\nThe undersigned hereby consents to serve as associate resident Nevada counsel in this case.\n\nDesighat\u00e9d Resident Nevada Counsel's signature\n\ndavid@omaralaw.net\n\nCade 2:21-cv-02209-RFB-NJK Document 44\n]\n2} agreement and authorization for the designated resident admitted counsel to sign stipulations\n3] binding on all of us.\n4\n5 APPOINTMENT OF DESIGNATED RESIDENT NEVADA COUNSEL\n6\n7 i The undersigned party(ies) appoint(s)\n8] his/her/their Designated Resident Nevada Counsel in\n9 *\nCora. T biedee _\n10 Cory J Wiedel {Sep 6, 2022 09:40 D7]\ni (party's signature)\n12 (type or print party name, title)\n13 .\nall {party's signature)\n15\n16 (type or print party name, title)\n17 CONSENT OF DESIGNEE\n18 (\\\n19 |\n\\, / pa\n20\n21 08599\nBar number\n\n. APPROVED:\n\n241 DATED this 6th day of September, 2022.\n25\n\n26\n27\n\n28} RIC WARE, II\nUnited States District Judge\n\nEmail address\n\nRev. 5/16\n\n\fCase 2:21-cv-02209-RFB-NJK Document 44 _ Filed 09/06/22 Page6\u00e9of7\n\nof the State of New York\nSecond Judicial Department\n\nJ, Maria T. Fasulo, Clerk of the Appellate Division of the\nSupreme Court of the State of New York, Second Judicial\nDepartment, do hereby certify that\n\nAdam Marc Apton\n\nwas duly licensed and admitted to practice as an Attorney and\nCounselor at Law in all the courts of this State on January 27,\n2010, has duly taken and subscribed the oath of office prescribed\nby law, has been enrolled in the Roll of Attorneys and Counselors\nat Law on file in this office, is duly registered with the\nAdministration Office of the Courts, and according to the records\nof this Court is currently in good standing as an Attorney and\nCounselor-at-Law.\n\nIn Witness Whereof, JI have hereunto set\nmy hand in the City of Brooklyn on\nSeptember 6, 2022.\n\nClerk of the Court\n\nCertiD-o00081751\n\fCase 2:21-cv-02209-RFB-NJK Document 44 _ Filed 09/06/22 Page /7 of7\n\nADDENDUM TO APPLICATION FOR ADMISSION\n\nCourt Name Admission Date | Bar No.\nState of New York 1/27/10 4759841\nU.S.D.C., Southern District of New York 2/23/10 AS8383\nU.S.D.C., Eastern District of New York 3/8/10\n\nDistrict of Columbia - Certificate Pending 12/9/13 1017720\nU.S.C.A., Ninth Circuit 7/22/15\n\nUSS.C.A., Second Circuit 1/8/16\n\nU.S.C.A., Third Circuit 6/2/16\n\nState of California - Certificate Pending 11/27/17 316506\nU.S.D.C., Central District of California 12/8/17\n\nU.S.D.C., Northern District of California 12/8/17\n\nU.S.D.C., Southern District of California 12/11/17\n\nU.S.D.C., District of Colorado 7/26/18\n\nState of New Jersey - Certificate Pending 9/25/20 330152020\nU.S.D.C., District of New Jersey 11/17/20\n\nU.S.C.A., First Circuit 1/4/22 1199969\n\n","ocr_status":1,"date_upload":"2025-01-23T05:12:03.789073-08:00","document_number":"44","attachment_number":null,"pacer_doc_id":"11509620463","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Order on Verified Petition for Permission to Practice Pro Hac Vice","acms_document_guid":""}],"date_created":"2022-09-07T08:19:13.622784-07:00","date_modified":"2026-02-17T20:03:26.701199-08:00","date_filed":"2022-09-06","time_filed":null,"entry_number":44,"recap_sequence_number":"2022-09-06.004","pacer_sequence_number":184,"description":"ORDER Granting 41 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Adam M. Apton for Cory Jay Wiedel and approving Designation of Local Counsel as to David C. O'Mara. Signed by Judge Richard F. Boulware, II on 9/6/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov(Copies have been distributed pursuant to the NEF - KF) (Entered: 09/07/2022)","tags":[]}],"entries_total":"https://www.courtlistener.com/api/rest/v4/docket-entries/?count=on&docket=61626505&page_size=40"}