Schlatre v. <mark>Marathon Digital Holdings, Inc</mark>. — Entry #51: 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…

Case: Schlatre v. <mark>Marathon Digital Holdings, Inc</mark>. nvd · 2:21-cv-02209

filed December 17, 2021

What this document is

Docket entry #51 · filed September 12, 2022

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)

Who is involved

Marathon Digital Holdings, INC. [tracked: Marathon Digital]
Carlos Marina
Cory Jay Wiedel
Evan Dana
Frederick G. Thiel
Merrick D. Okamoto
Pathma Venasithamby
Simeon Salzman
Tad Schlatre

Why we have it

We follow this case because a company we track is a party: Marathon Digital (listed as “Marathon Digital Holdings, INC.”). We checked the full party list on September 29, 2026 and confirmed the match.

A free copy from the RECAP archive of federal court filings (mirrored at the Internet Archive), retrieved November 02, 2026. Federal court filings are public records.

URL: https://archive.org/download/gov.uscourts.nvd.153868/gov.uscourts.nvd.153868.51.0.pdf
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Published: 2022-09-12 00:00:00-04:00
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Document text

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Full text

Case 2:21-cv-02209-RFB-NJK Document 51 Filed 09/12/22 Page 1 of 5

1 John P. Aldrich, Esq. (Resident Counsel)
Nevada State Bar #6877
2 Aldrich Law Firm, Ltd.
7866 West Sahara Ave.
3 Las Vegas, NV 89117
Tel: (702) 853-5490
4 jaldrich@johnaldrichlawfirm.com

5 Liaison Counsel for
Lead Plaintiff Carlos Marina
6
Reed R. Kathrein (to be admitted pro hac vice)
7 Lucas E. Gilmore (admitted pro hac vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
8 715 Hearst Avenue, Suite 202
Berkeley, CA 94710
9 Telephone: (510) 725-3000
Facsimile: (510) 725-3001
10 reed@hbsslaw.com
lucasg@hbsslaw.com
11
Attorneys for
12 Lead Plaintiff Carlos Marina

13 [Additional counsel on signature page]

15 UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
16
TAD SCHLATRE, Individually and On Case No.: 2:21-cv-02209-RFB-NJK
17 Behalf Of All Others Similarly Situated,
CLASS ACTION
18
Plaintiff,
LEAD PLAINTIFF CARLOS
19 MARINA’S MOTION FOR ORDER
v. EXTENDING DEADLINES ON
20 FILING OF THE AMENDED
MARATHON DIGITAL HOLDINGS, INC., COMPLAINT AND BRIEFING ON
21 DEFENDANTS’ RESPONSIVE
f/k/a MARATHON PATENT GROUP, INC.,
MERRICK D. OKAMOTO, FREDERICK G. PLEADINGS
22
THIEL, and SIMEON SALZMAN,
LR IA 6-1
23 First Extension Request
Defendants.
24

011074-11/2029204 V1

Case 2:21-cv-02209-RFB-NJK Document 51 Filed 09/12/22 Page 2 of 5

1 Pursuant to LR IA 6-1, Lead Plaintiff Carlos Marina respectfully requests that the

2 Court enter an Order: (i) extending the deadline for Lead Plaintiff to file his amended

3 complaint; and (ii) establishing a briefing schedule on Defendants’ anticipated motion to

4 dismiss the amended complaint as to which the parties have agreed. Defendants take no

5 position on this motion. This is the first requested extension to the above-referenced

6 deadlines. Lead Plaintiff submits that the requested relief is reasonable and will cause no

7 prejudice to any party or undue delay.

8 By way of background, on December 17, 2021, plaintiff Tad Schlatre (“Schlatre”)

9 initiated this securities fraud class action governed by the Private Securities Litigation

10 Reform Act (“PSLRA”). ECF No. 1. Under the PSLRA, discovery is generally stayed

11 pending resolution of any motion to dismiss. See 15 U.S.C. § 78u-4(b)(3)(B).

12 On March 17, 2022, the Court entered an Order granting plaintiff Schlatre’s and

13 Defendants’ stipulation relieving Defendants from responding to the initial complaint until

14 after the appointment of Lead Plaintiff and Lead Counsel. ECF No. 25. Instead, the Court

15 ordered that: (1) Defendants’ counsel and appointed lead counsel shall meet and confer on

16 the deadline to file the amended complaint and Defendants’ deadline to respond within ten

17 (10) business days of the Court’s appointment of a lead plaintiff and lead counsel; and (2) a

18 briefing schedule shall be submitted within ten (10) business days after the parties met and

19 conferred on said deadlines. ECF No. 25.

20 On September 7, 2022, the Court held a hearing on the competing lead plaintiff

21 motions and entered an order granting Carlos Marina’s motion for appointment as Lead

22 Plaintiff and approving his selection of Hagens Berman as lead counsel, and Aldrich Law

23 Firm, Ltd. as liaison counsel. ECF No. 46. At the hearing, the Court directed Lead Counsel

24 to meet and confer with Defendants’ counsel and submit a briefing schedule for the filing of

25 an amended complaint and the briefing on Defendants’ motion to dismiss within two weeks

26 of the hearing. The Court stated that the transcript of the lead plaintiff motion hearing shall

27 serve as the Opinion and Order of the Court. ECF No. 46.

28
MOTION FOR ORDER EXTENDING DEADLINES
Case No. 2:21-cv-02209-RFB-NJK
011074-11/2029204 V1 -1-

Case 2:21-cv-02209-RFB-NJK Document 51 Filed 09/12/22 Page 3 of 5

1 On September 7, 2022, the Court entered a Minute Order, ruling that the deadline

2 for the filing of the amended complaint is due two weeks from September 7, 2022 (i.e.,

3 September 21, 2022). ECF No. 46.

4 Lead Counsel is diligently preparing an amended complaint, which allegations will

5 be more expansive than those in the original complaint filed by Schlatre, as is customary in

6 securities class actions governed by the Private Securities Litigation Reform Act

7 (“PSLRA”). Prior to doing so, extensive investigation will be needed to prepare a

8 sufficiently detailed amended complaint for this securities fraud class action which requires

9 particularized pleading to satisfy the PSLRA’s heightened pleading standards. Accordingly,

10 Lead Plaintiff respectfully requests that the Court set the date to file the amended complaint

11 to October 21, 2022. To put this request into context, the time between the appointment of

12 lead plaintiff and submission of the consolidated complaint – 44 days – is shorter than the

13 deadline set in other recent securities fraud cases in this District. See, e.g., Luo v. Spectrum

14 Pharm., Inc., et al., Case No. 2:21-cv-01612, ECF. No. 35 (D. Nev. Mar. 2, 2022)

15 (allowing court appointed lead plaintiff 60 days to file amended complaint following

16 appointment); Sieggreen v. Live Ventures Inc., et al., Case No. 2:21-cv-01517, ECF No 11,

17 19 (D. Nev. 2021) (allowing court appointed lead plaintiff 60 days to file amended

18 complaint following appointment and further extending deadline for lead plaintiff to file

19 amended complaint in light of parallel Securities Exchange Commission case relevant to

20 preparation of the amended complaint); The Daniels Family Revocable Trust v. Las Vegas

21 Sands Corp., et al., Case No. 2:20-cv-01958, ECF No. 25 (D. Nev. Jan. 26, 2021) (allowing

22 court appointed lead plaintiff 62 days to file amended complaint following appointment).

23 In addition, the parties also propose deadlines for the filing of Defendants’

24 responsive pleadings and briefing on any motion to dismiss, as set forth below:

25 1. Defendants’ responsive pleadings – December 6, 2022.

26 2. Lead Plaintiff’s opposition to any motion to dismiss – January 20, 2023.

27 3. Defendants’ reply in support of any motion to dismiss – February 17, 2023.

28
MOTION FOR ORDER EXTENDING DEADLINES
Case No. 2:21-cv-02209-RFB-NJK
011074-11/2029204 V1 -2-

Case 2:21-cv-02209-RFB-NJK Document 51 Filed 09/12/22 Page 4 of 5

1 CONCLUSION

2 Lead Plaintiff thus respectfully requests that the Court enter the attached [Proposed]

3 Order.

5
DATED: September 12, 2022 HAGENS BERMAN SOBOL SHAPIRO LLP
6

7 By /s/ Lucas E. Gilmore
Lucas E. Gilmore (admitted pro hac vice)
8 Reed R. Kathrein (to be admitted pro hac vice
715 Hearst Avenue, Suite 202
9 Berkeley, CA 94710
Telephone: (510) 725-3000
10 Facsimile: (510) 725-3001
reed@hbsslaw.com
11 lucasg@hbsslaw.com

12 Steve W. Berman (to be admitted pro hac vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
13 1301 Second Avenue, Suite 2000
Seattle, WA 98101
14 Telephone: (206) 623-7292
Facsimile: (206) 623-0594
15 steve@hbsslaw.com

16 Attorneys for Lead Plaintiff
Carlos Marina and Lead Counsel
17
John P. Aldrich, Esq.
18 NV Bar No. 6877
ALDRICH LAW FIRM, LTD
19 7866 West Sahara Ave.
Las Vegas NV 89117
20 Tel. 702.853.5490
Fax. 702.227.1975
21 Email: jaldrich@johnaldrichlawfirm.com
22 Liaison Counsel for Lead Plaintiff
Carlos Marina
23

28
MOTION FOR ORDER EXTENDING DEADLINES
Case No. 2:21-cv-02209-RFB-NJK
011074-11/2029204 V1 -3-

Case 2:21-cv-02209-RFB-NJK Document 51 Filed 09/12/22 Page 5 of 5

1 CERTIFICATE OF SERVICE

2 I hereby certify that on September 12, 2022, I electronically filed the foregoing
3
document using the CM/ECF system which will send notification of such filing to the email
4
addresses registered in the CM/ECF system, as denoted on the Electronic Mail Notice List.
5

6 HAGENS BERMAN SOBOL SHAPIRO LLP
7
/s/ Lucas E. Gilmore
8 Lucas E. Gilmore
9

28
MOTION FOR ORDER EXTENDING DEADLINES
Case No. 2:21-cv-02209-RFB-NJK
011074-11/2029204 V1 -4-