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10/16/2024 Page: 1\n UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT\n Byron White United States Courthouse\n 1823 Stout Street\n FILED\n Denver, Colorado 80257\n (303) 844-3157\n Clerk@ca10.uscourts.gov\nChristopher M. Wolpert Jane K. Castro\n 9:55 am, 10/16/24\nClerk of Court Chief Deputy Clerk\n Margaret Botkins\n October 16, 2024 Clerk of Court\n\n\n\n\nMargaret Botkins\nUnited States District Court for the District of Wyoming\nOffice of the Clerk\n111 South Wolcott\nCasper, WY 82602-0000\nRE: 24-8048, BCB Cheyenne v. MineOne Wyoming Data Center, et al\n Dist/Ag docket: 1:23-CV-00079-ABJ\n\nDear Counsel and Clerk:\n\nPlease be advised that the court issued an order today dismissing this case.\n\nIn addition, pursuant to Federal Rule of Appellate Procedure 41, the Tenth Circuit's\nmandate issued today, and the court's judgment takes effect. With the issuance of this\nletter, jurisdiction is transferred back to the lower court/agency.\n\nPlease contact this office if you have questions.\n\n Sincerely,\n\n\n\n Christopher M. Wolpert\n Clerk of Court\n\n\n\n\nCC: Counsel of Record\nCMW/jjh\n\f","ocr_status":2,"date_upload":"2025-01-17T09:49:39.113100-08:00","document_number":"390","attachment_number":null,"pacer_doc_id":"20702492978","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"USCA Mandate","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/427498268/","id":427498268,"tags":[],"absolute_url":"/docket/67320886/390/1/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2025-01-17T09:47:52.857353-08:00","date_modified":"2025-01-19T02:37:42.623814-08:00","sha1":"b2f87b5a4079d791eb472d147509f5a10f3506fc","page_count":2,"file_size":37183,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.390.1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.390.1.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 1:23-cv-00079-ABJ Document 390-1 Filed 10/16/24 Page 1 of 2\n Appellate Case: 24-8048 Document: 28 Date Filed: 10/16/2024 Page: 1\n FILED\n United States Court of Appeals\n UNITED STATES COURT OF APPEALS Tenth Circuit\n\n FOR THE TENTH CIRCUIT October 16, 2024\n _________________________________\n Christopher M. Wolpert\n Clerk of Court\n BCB CHEYENNE, LLC, a Wyoming\n limited liability company, d/b/a Bison\n Blockchain,\n\n Plaintiff Counter Defendant -\n Appellee,\n\n v. No. 24-8048\n (D.C. No. 1:23-CV-00079-ABJ)\n MINEONE WYOMING DATA CENTER, (D. Wyo.)\n LLC, a Delaware limited liability company,\n\n Defendant Counterclaimant -\n Appellant,\n\n and\n\n MINEONE PARTNERS, a Delaware\n limited liability company, et al.,\n\n Defendant Counterclaimants,\n\n and\n\n BITMAIN TECHNOLOGIES HOLDING\n COMPANY, a Cayman Island Company,\n et al.,\n\n Defendants.\n _________________________________\n\n ORDER\n _________________________________\n\n This matter is before the court on the parties\u2019 Joint and Stipulated Motion to\n\nDismiss This Appeal. The Motion asks the court to \u201cdismiss this appeal . . . with\n\f Case 1:23-cv-00079-ABJ Document 390-1 Filed 10/16/24 Page 2 of 2\n Appellate Case: 24-8048 Document: 28 Date Filed: 10/16/2024 Page: 2\n\n\n\nprejudice.\u201d The parties further state that they have agreed that each party will \u201cbear its\n\nown costs and attorney fees.\u201d\n\n The court construes the Motion as a motion for voluntary dismissal of this appeal.\n\nThe court grants the motion as construed and dismisses this appeal. See Fed. R. App. P.\n\n42(b); 10th Cir. R. 27.5(A)(9).\n\n A copy of this order shall stand as and for the mandate of the court.\n\n\n Entered for the Court\n\n\n\n CHRISTOPHER M. WOLPERT, Clerk\n\n\n\n\n 2\n\f","ocr_status":2,"date_upload":"2025-01-17T09:49:39.441087-08:00","document_number":"390","attachment_number":1,"pacer_doc_id":"20702492979","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Order","acms_document_guid":""}],"date_created":"2024-10-16T09:18:16.531252-07:00","date_modified":"2025-09-23T09:32:32.014151-07:00","date_filed":"2024-10-16","time_filed":"10:04:16","entry_number":390,"recap_sequence_number":"2024-10-16.001","pacer_sequence_number":1289,"description":"MANDATE of USCA DISMISSING 302 Amended Notice of Appeal filed by MineOne Wyoming Data Center LLC. Motion for voluntary dismissal is granted; Procedural termination without judicial action; Clerk of the Court. 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Case","acms_document_guid":""}],"date_created":"2024-10-15T13:08:41.242696-07:00","date_modified":"2025-09-23T09:32:31.972188-07:00","date_filed":"2024-10-15","time_filed":"13:54:02","entry_number":389,"recap_sequence_number":"2024-10-15.004","pacer_sequence_number":1287,"description":"ORDER by the Honorable Alan B Johnson granting 387 Stipulation to Dismiss Case with Prejudice with each party to pay its own costs and attorney's fees. (Court Staff, ssw) Modified text on 10/17/2024 (Court Staff, sjlg). (Entered: 10/15/2024)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/405167026/","id":405167026,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67320886/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/416019249/","id":416019249,"tags":[],"absolute_url":"/docket/67320886/387/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-15T11:10:11.876625-07:00","date_modified":"2025-09-23T09:32:31.902246-07:00","sha1":"e2f6abf17cf75cec8d0af5d9e96b5d29f45ea5c5","page_count":2,"file_size":130463,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.387.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.387.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 1:23-cv-00079-ABJ Document 387 Filed 10/15/24 Page 1 of 2\n\n\n\n\nPatrick J. Murphy, WSB No. 5-1779\nScott C. Murray, WSB No. 7-4896\nWILLIAMS, PORTER, DAY & NEVILLE, P.C.\n159 N. Wolcott, Ste. 400\nP.O. Box 10700 (82602)\nCasper, WY 82601\nEmail: pmurphy@wpdn.net\n smurray@wpdn.net\n\nAttorneys for Plaintiff\n\n IN THE UNITED STATES DISTRICT COURT\n\n FOR THE DISTRICT OF WYOMING\n\nBCB CHEYENNE LLC d/b/a BISON )\nBLOCKCHAIN, a Wyoming limited liability )\nCompany, . )\n )\n Plaintiff, )\n )\nv. ) Civil No. 23-CV-79\n )\nMINEONE WYOMING DATA CENTER, )\nLLC, a Delaware limited liability company; )\nMINEONE PARTNERS LLC, a Delaware )\nlimited liability company; TERRA CRYPTO )\nINC., a Delaware corporation; BIT ORIGIN, )\nLTD, a Cayman Island Company; )\nSONICHASH LLC, a Delaware limited )\nliability company; BITMAIN )\nTECHNOLOGIES HOLDING COMPANY, )\nA Cayman Island Company; BITMAIN )\nTECHNOLOGIES GEORGIA LIMITED, )\na Georgia corporation; and JOHN DOES 1-18, )\nrelated persons and companies who control )\nor direct some or all of the named Defendants, )\n )\n Defendants. )\n\n\n STIPULATION OF DISMISSAL WITH PREJUDICE\n\n\n COME NOW all the remaining Parties, Plaintiff BCB Cheyenne LLC and Defendants\n\nMineOne Wyoming Data Center, LLC, Terra Crypto Inc., MineOne Partners, LLC, Bit Origin, Ltd.,\n\f Case 1:23-cv-00079-ABJ Document 387 Filed 10/15/24 Page 2 of 2\n\n\n\n\nand SonicHash, LLC, through their respective counsel, and hereby stipulate and agree that their\n\nentire controversy, suit, claims, counterclaims and defenses have been compromised and settled to\n\neach of these Parties' satisfaction, and this action, including Plaintiff\u2019s First Amended Complaint\n\nand the Counterclaims of Defendants MineOne Wyoming Data Center LLC, Terra Crypto Inc.,\n\nMineOne Partners LLC, Bit Origin, Ltd. and SonicHash LLC should now be dismissed with\n\nprejudice, with each Party to pay its own costs and attorney\u2019s fees.\n\n DATED this 15th day of October, 2024.\n\n\n\n BCB Cheyenne LLC d/b/a Bison MineOne Wyoming Data Center LLC,\n Blockchain Terra Crypto Inc., and MineOne Partners\n LLC\n Plaintiff\n Defendants\n\n By: Paula K. Colbath, Pro Hac Vice\n By: /s/ Patrick J. Murphy Paula K. Colbath\n Patrick J. Murphy (WSB No. 5-1779) LOEB & LOEB LLP\n Williams, Porter, Day & Neville, PC 345 Park Avenue\n 159 N Wolcott St. Suite 400 New York, NY 10154\n Casper, WY 82601 Ph.: (212) 407-4905\n Ph: (307) 265-0700 E-mail: pcolbath@loeb.com\n E-mail: pmurphy@wpdn.net\n Bit Origin, Ltd. and SonicHash, LLC\n\n Defendants\n\n By: Marc S. Gottlieb, Pro Hac Vice\n Marc S. Gottlieb\n ORTOLI ROSENSTADT, LLP\n 366 Madison Avenue, 3rd Floor\n New York, NY 10017\n msg@orllp.legal\n\n\n\n\n 1\n\f","ocr_status":2,"date_upload":"2025-01-17T10:12:57.876329-08:00","document_number":"387","attachment_number":null,"pacer_doc_id":"20702492010","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Motion to Dismiss Case","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/416233186/","id":416233186,"tags":[],"absolute_url":"/docket/67320886/387/1/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-16T13:02:27.174147-07:00","date_modified":"2025-01-18T02:30:29.061628-08:00","sha1":"9dcde021ef64d321eee6dadbaa59109bb3426daf","page_count":2,"file_size":83828,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.387.1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.387.1.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 1:23-cv-00079-ABJ Document 387-1 Filed 10/15/24 Page 1 of 2\n\n\n\n\n IN THE UNITED STATES DISTRICT COURT\n\n FOR THE DISTRICT OF WYOMING\n\nBCB CHEYENNE LLC d/b/a BISON )\nBLOCKCHAIN, a Wyoming limited liability )\nCompany, . )\n )\n Plaintiff, )\n )\nv. ) Civil No. 23-CV-79\n )\nMINEONE WYOMING DATA CENTER, )\nLLC, a Delaware limited liability company; )\nMINEONE PARTNERS LLC, a Delaware )\nlimited liability company; TERRA CRYPTO )\nINC., a Delaware corporation; BIT ORIGIN, )\nLTD, a Cayman Island Company; )\nSONICHASH LLC, a Delaware limited )\nliability company; BITMAIN )\nTECHNOLOGIES HOLDING COMPANY, )\nA Cayman Island Company; BITMAIN )\nTECHNOLOGIES GEORGIA LIMITED, )\na Georgia corporation; and JOHN DOES 1-18, )\nrelated persons and companies who control )\nor direct some or all of the named Defendants, )\n )\n Defendants. )\n\n\n ORDER OF DISMISSAL WITH PREJUDICE\n\n\n THIS MATTER comes before the Court pursuant to the Stipulation of all the Parties that\n\nPlaintiff\u2019s First Amended Complaint and the Counterclaims of Defendants MineOne Wyoming\n\nData Center LLC, Terra Crypto Inc., MineOne Partners LLC, Bit Origin, Ltd. and SonicHash LLC\n\nhave been compromised and settled to the Parties\u2019 satisfaction, and this action should now be\n\ndismissed with prejudice with each Party to pay its own costs and attorney\u2019s fees, and good cause\n\nhaving been shown therefore;\n\n\n\n\n 1\n\f Case 1:23-cv-00079-ABJ Document 387-1 Filed 10/15/24 Page 2 of 2\n\n\n\n\n IT IS HEREBY ORDERED that Plaintiff\u2019s First Amended Complaint and the\n\nCounterclaims of MineOne Wyoming Data Center LLC, Terra Crypto Inc., MineOne Partners\n\nLLC, Bit Origin, Ltd. and SonicHash LLC should be, and hereby are, dismissed with prejudice,\n\nwith each Party to pay its own costs and attorney\u2019s fees.\n\n\n DATED this _____ day of October, 2024.\n\n\n\n BY THE COURT: ______________________\n Alan B. Johnson\n United States District Judge\n\n\n\n\n 2\n\f","ocr_status":2,"date_upload":"2025-01-17T10:12:58.388007-08:00","document_number":"387","attachment_number":1,"pacer_doc_id":"20702492011","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Proposed Order","acms_document_guid":""}],"date_created":"2024-10-15T11:10:11.850445-07:00","date_modified":"2025-09-23T09:32:31.877044-07:00","date_filed":"2024-10-15","time_filed":"11:07:14","entry_number":387,"recap_sequence_number":"2024-10-15.002","pacer_sequence_number":1282,"description":"Stipulated MOTION to Dismiss Case filed by Plaintiff BCB Cheyenne LLC. (Attachments: # 1 Proposed Order) (Murphy, Patrick) (Entered: 10/15/2024)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/405152307/","id":405152307,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67320886/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/415999164/","id":415999164,"tags":[],"absolute_url":"/docket/67320886/386/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-15T09:58:43.612537-07:00","date_modified":"2025-09-23T09:32:31.855478-07:00","sha1":"1f4f7b5f52d8235fd3af7a38963dbe48086a519e","page_count":3,"file_size":166741,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.386.0_1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.386.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 1:23-cv-00079-ABJ Document 386 Filed 10/15/24 Page 1 of 3\n\n\n\nPatrick J. Murphy, WSB No. 5-1779\nScott C. Murray, WSB No. 7-4896\nWILLIAMS, PORTER, DAY & NEVILLE, P.C.\n159 N. Wolcott, Ste. 400\nP.O. Box 10700 (82602)\nCasper, WY 82601\nEmail: pmurphy@wpdn.net\n smurray@wpdn.net\n\nAttorneys for Plaintiff\n\n IN THE UNITED STATES DISTRICT COURT\n\n FOR THE DISTRICT OF WYOMING\n\nBCB CHEYENNE LLC d/b/a BISON )\nBLOCKCHAIN, a Wyoming limited liability )\nCompany, . )\n )\n Plaintiff, )\n )\nv. ) Civil No. 23-CV-79\n )\nMINEONE WYOMING DATA CENTER, )\nLLC, a Delaware limited liability company; )\nMINEONE PARTNERS LLC, a Delaware )\nlimited liability company; TERRA CRYPTO )\nINC., a Delaware corporation; BIT ORIGIN, )\nLTD, a Cayman Island Company; )\nSONICHASH LLC, a Delaware limited )\nliability company; BITMAIN )\nTECHNOLOGIES HOLDING COMPANY, )\nA Cayman Island Company; BITMAIN )\nTECHNOLOGIES GEORGIA LIMITED, )\na Georgia corporation; and JOHN DOES 1-18, )\nrelated persons and companies who control )\nor direct some or all of the named Defendants, )\n )\n Defendants. )\n\n\n JOINT AND STIPULATED MOTION TO DISTRIBUTE ALL OF\nTHE ATTACHED FUNDS AND ACCRUED INTEREST BEING HELD BY THE CLERK\n OF THE DISTRICT COURT PURSUANT TO THIS COURT\u2019S AMENDED\n PREJUDGMENT WRITS OF ATTACHMENT AND GARNISHMENT\n\n\n COME NOW all the remaining Parties, Plaintiff BCB Cheyenne LLC and Defendants\n\f Case 1:23-cv-00079-ABJ Document 386 Filed 10/15/24 Page 2 of 3\n\n\n\nMineOne Wyoming Data Center, LLC, Terra Crypto Inc., MineOne Partners, LLC, Bit Origin, Ltd.,\n\nand SonicHash, LLC, through their respective counsel, and hereby stipulate, agree and jointly move\n\nthe Court for its immediate Order directing the Clerk of the District Court to distribute all of the\n\nattached funds being held and invested by the Clerk of the District Court, together with all of the\n\naccrued interest on those attached funds, as follows:\n\n 1. The Parties have now settled all of their claims and counterclaims and will soon file with\n\n the Court their Stipulation of Dismissal with Prejudice and a [proposed] Order of\n\n Dismissal with Prejudice. The Parties have also signed a written Settlement Agreement\n\n and Mutual Releases (\u201cSettlement Agreement\u201d).\n\n 2. Pursuant to their Settlement Agreement, of the $15,277,292.79 in attached funds held in\n\n the Court\u2019s Registry, MineOne Wyoming Data Center LLC is to receive $11,177,292.79\n\n of the attached funds being held and invested by the Clerk of the District Court, and BCB\n\n Cheyenne LLC is to receive $4,100,000.00 of the attached funds being held and invested\n\n by the Clerk of the District Court.\n\n 3. Further, and also pursuant to the Parties\u2019 Settlement Agreement, any remaining balance\n\n held in the Court\u2019s Registry after the distributions above shall be used to satisfy any\n\n interest and/or fees owing to the Court, and any balance remaining after satisfying any\n\n interest and/or fees owing to the Court shall be distributed to MineOne Wyoming Data\n\n Center LLC.\n\n 4. The Parties now agree, stipulate, and jointly move this Court that it now review, sign,\n\n and enter the attached [proposed] ORDER DIRECTING THE CLERK OF THE DISTRICT\n\n COURT TO DISTRIBUTE ALL OF THE ATTACHED FUNDS AND ACCRUED INTEREST BEING\n\n HELD BY THE CLERK OF THE DISTRICT COURT PURSUANT TO THIS COURT\u2019S AMENDED\n\n PREJUDGMENT WRITS OF ATTACHMENT AND GARNISHMENT .\n\n\n\n\n 1\n\fCase 1:23-cv-00079-ABJ Document 386 Filed 10/15/24 Page 3 of 3\n\n\n\nDATED this 15th day of October, 2024.\n\n\n\n BCB Cheyenne LLC d/b/a Bison MineOne Wyoming Data Center LLC,\n Blockchain Terra Crypto Inc., and MineOne Partners\n LLC\n Plaintiff\n Defendants\n\n By: Paula K. Colbath, Pro Hac Vice\n By: /s/ Patrick J. Murphy Paula K. Colbath\n Patrick J. Murphy (WSB No. 5-1779) LOEB & LOEB LLP\n Williams, Porter, Day & Neville, PC 345 Park Avenue\n 159 N Wolcott St. Suite 400 New York, NY 10154\n Casper, WY 82601 Ph.: (212) 407-4905\n Ph: (307) 265-0700 E-mail: pcolbath@loeb.com\n E-mail: pmurphy@wpdn.net\n Bit Origin, Ltd. and SonicHash, LLC\n\n Defendants\n\n By: Marc S. Gottlieb, Pro Hac Vice\n Marc S. Gottlieb\n ORTOLI ROSENSTADT, LLP\n 366 Madison Avenue, 3rd Floor\n New York, NY 10017\n msg@orllp.legal\n\n\n\n\n 2\n\f","ocr_status":2,"date_upload":"2025-01-17T09:49:53.093906-08:00","document_number":"386","attachment_number":null,"pacer_doc_id":"20702491997","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Motion for Order","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/416232918/","id":416232918,"tags":[],"absolute_url":"/docket/67320886/386/1/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-16T13:01:41.248781-07:00","date_modified":"2025-01-18T02:29:44.131999-08:00","sha1":"a5195df96b48b293ea1ccb7008543259584da85f","page_count":3,"file_size":171063,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.386.1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.386.1.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 1:23-cv-00079-ABJ Document 386-1 Filed 10/15/24 Page 1 of 3\n\n\n\n\n IN THE UNITED STATES DISTRICT COURT\n\n FOR THE DISTRICT OF WYOMING\n\nBCB CHEYENNE LLC d/b/a BISON )\nBLOCKCHAIN, a Wyoming limited liability )\nCompany, . )\n )\n Plaintiff, )\n )\nv. ) Civil No. 23-CV-79\n )\nMINEONE WYOMING DATA CENTER, )\nLLC, a Delaware limited liability company; )\nMINEONE PARTNERS LLC, a Delaware )\nlimited liability company; TERRA CRYPTO )\nINC., a Delaware corporation; BIT ORIGIN, )\nLTD, a Cayman Island Company; )\nSONICHASH LLC, a Delaware limited )\nliability company; BITMAIN )\nTECHNOLOGIES HOLDING COMPANY, )\nA Cayman Island Company; BITMAIN )\nTECHNOLOGIES GEORGIA LIMITED, )\na Georgia corporation; and JOHN DOES 1-18, )\nrelated persons and companies who control )\nor direct some or all of the named Defendants, )\n )\n Defendants. )\n\n\n ORDER DIRECTING THE CLERK OF THE DISTRICT COURT TO DISTRIBUTE\n ALL OF THE ATTACHED FUNDS AND ACCRUED INTEREST BEING HELD BY\n THE CLERK OF THE DISTRICT COURT PURSUANT TO THIS COURT\u2019S\n AMENDED PREJUDGMENT WRITS OF ATTACHMENT AND GARNISHMENT\n\n\n THIS MATTER comes before the Court on the Parties\u2019 Joint and Stipulated Motion To\n\nDistribute All Of The Attached Funds And Accrued Interest Being Held By The Clerk Of The\n\nDistrict Court Pursuant To This Court\u2019s Amended Prejudgment Writs Of Attachment And\n\nGarnishment (\u201cStipulated Motion\u201d).\n\n 1. The Court has carefully reviewed the Stipulated Motion.\n\n\n\n\n 1\n\f Case 1:23-cv-00079-ABJ Document 386-1 Filed 10/15/24 Page 2 of 3\n\n\n\n\n 2. The Court is also advised that all of the Parties have now reached, and signed, their\n\n written Settlement Agreement and Mutual Releases (\u201cSettlement Agreement\u201d).\n\n Pursuant to their Settlement Agreement, the Parties will soon be filing their\n\n Stipulation of Dismissal with Prejudice and asking the Court to enter its Order of\n\n Dismissal with Prejudice.\n\n 3. The Court is further advised that the Parties have now agreed, and memorialized in\n\n their Settlement Agreement, that the prejudgment attached funds being held and\n\n invested by the Clerk of the District Court pursuant to this Court\u2019s earlier orders\n\n should now be distributed by the Clerk of the District Court to MineOne Wyoming\n\n Data Center LLC and BCB Cheyenne LLC, respectively, as follows:\n\n a. To MineOne Wyoming Data Center LLC the sum of $11,177,292.79; and\n\n b. To BCB Cheyenne LLC the sum of $4,100,000.00.\n\n Any remaining balance held in the Court\u2019s Registry after the distributions above\n\n shall be used to satisfy any interest and/or fees owing to the Court, and any balance\n\n remaining after satisfying any interest and/or fees owing to the Court shall be\n\n distributed to MineOne Wyoming Data Center LLC.\n\n 4. The Court expressly approves the Parties\u2019 Stipulated Motion for the immediate\n\n disbursement of the attached prejudgment funds as described above.\n\n 5. The Court FINDS that there is good cause shown, and the interests of justice are\n\n best served, by having the Clerk of the District Court immediately disperse to\n\n MineOne Wyoming Data Center LLC and BCB Cheyenne LLC the attached funds\n\n being held and invested by the Clerk of the District Court as described above.\n\n IT IS THEREFORE ORDERED that the Clerk of the District Court for the District of\n\nWyoming shall immediately disburse the attached funds being held by the Clerk of the District\n\n\n 2\n\f Case 1:23-cv-00079-ABJ Document 386-1 Filed 10/15/24 Page 3 of 3\n\n\n\n\nCourt pursuant to this Court\u2019s original and amended Prejudgment Writs of Attachment and\n\nGarnishment, as follows:\n\n A. To MineOne Wyoming Data Center LLC the sum of $11,177,292.79; and\n\n B. To BCB Cheyenne LLC the sum of $4,100,000.00.\n\nAny remaining balance held in the Court\u2019s Registry after the distributions above shall be used to\n\nsatisfy any interest and/or fees owing to the Court, and any balance remaining after satisfying any\n\ninterest and/or fees owing to the Court shall be distributed to MineOne Wyoming Data Center\n\nLLC; and\n\n IT IS FURTHER ORDERED that once all of the attached funds have been distributed by\n\nthe Clerk of the District Court above, this Court\u2019s Prejudgment Writs of Attachment and\n\nGarnishment shall be considered dissolved.\n\n\n\n DATED this _____ day of October, 2024.\n\n\n\n BY THE COURT: ______________________\n Alan B. Johnson\n United States District Judge\n\n\n\n\n 3\n\f","ocr_status":2,"date_upload":"2025-01-17T09:49:53.546251-08:00","document_number":"386","attachment_number":1,"pacer_doc_id":"20702491998","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Proposed Order","acms_document_guid":""}],"date_created":"2024-10-15T09:58:43.593418-07:00","date_modified":"2025-09-23T09:32:31.827189-07:00","date_filed":"2024-10-15","time_filed":"10:53:14","entry_number":386,"recap_sequence_number":"2024-10-15.001","pacer_sequence_number":1280,"description":"Joint and Stipulated Motion to Distribute Funds and Accrued Interest in the Court Registry by Plaintiff BCB Cheyenne LLC. (Attachments: # 1 Proposed Order) (Murphy, Patrick) Modified event and text on 10/17/2024 (Court Staff, stmo). (Entered: 10/15/2024)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/404515144/","id":404515144,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67320886/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/415101195/","id":415101195,"tags":[],"absolute_url":"/docket/67320886/385/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-07T18:07:28.753552-07:00","date_modified":"2025-09-23T09:32:31.803359-07:00","sha1":"c8b25da9914e9b456d2a2c48bac0d26e82db75d6","page_count":4,"file_size":173281,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.385.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.385.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 1:23-cv-00079-ABJ Document 385 Filed 10/07/24 Page 1 of 4\n\n\n\n\nSean Larson, Wyo. Bar #7-5112\nKari Hartman, Wyo. Bar # 8-6507\nHATHAWAY & KUNZ, LLP\nP. O. Box 1208\nCheyenne, WY 82003-1208\n307-634-7723\n307-634-0985 (Fax)\n\nPaula K. Colbath, Esq. (Admitted Pro Hac Vice)\nDavid Forrest, Esq. (Admitted Pro Hac Vice)\nAlex Inman, Esq. (Admitted Pro Hac Vice)\nLOEB & LOEB, LLP\n345 Park Avenue\nNew York, NY 10154\n212-407-4905\n212-407-4990 (Fax)\n\nATTORNEYS FOR DEFENDANTS MINEONE WYOMING DATA CENTER, LLC,\nMINEONE PARTNERS LLC, AND TERRA CRYPTO INC.\n\n IN THE UNITED STATES DISTRICT COURT\n FOR THE DISTRICT OF WYOMING\n )\nBCB CHEYENNE LLC d/b/a BISON BLOCKCHAIN, a )\nWyoming limited liability company, )\n )\n Plaintiff, )\nv. ) Civil Action No. 23CV-79-ABJ\n )\nMINEONE WYOMING DATA CENTER LLC, a )\nDelaware limited liability company; MINEONE )\nPARTNERS LLC, a Delaware limited liability company; )\nTERRA CRYPTO INC., a Delaware corporation; BIT )\nORIGIN, LTD, a Cayman Island Company; )\nSONICHASH LLC, a Delaware limited liability )\ncompany; BITMAIN TECHNOLOGIES HOLDING )\nCOMPANY, a Cayman Island Company; BITMAIN )\nTECHNOLOGIES GEORGIA LIMITED, a Georgia )\ncorporation; and JOHN DOES 1-20, related persons and )\ncompanies who control or direct some or all of the named )\nDefendants. )\n )\n Defendants. )\n )\n\n\n\n NOTICE OF NON-OPPOSITION TO DEFENDANTS MINEONE WYOMING DATA\n CENTER LLC, MINEONE PARTNERS LLC, AND TERRA CRYPTO INC.\u2019S MOTION\n TO COMPEL DISCOVERY FROM PLAINTIFF, FOR SANCTIONS, AND FOR\n ALTERNATIVE SERVICE OF SUBPOENAS\n\f Case 1:23-cv-00079-ABJ Document 385 Filed 10/07/24 Page 2 of 4\n\n\n\n\n COME NOW Defendants MineOne Wyoming Data Center LLC, MineOne Partners LLC,\n\nand Terra Crypto Inc. (collectively, \u201cMineOne\u201d), by their counsel, and hereby file this notice of\n\nnon-opposition to their Motion to Compel Discovery from Plaintiff, for Sanctions, and for\n\nAlternative Service of Subpoenas (ECF No. 366) (the \u201cMotion\u201d).\n\n 1. By Order dated September 16, 2024 (ECF No. 358), Magistrate Judge Hambrick\n\nset a briefing schedule for MineOne\u2019s Motion and ordered that MineOne file its Motion by Friday,\n\nSeptember 20, 2024, Plaintiff BCB Cheyenne LLC (\u201cBCB\u201d) file its Response by Friday, October\n\n4, 2024, and MineOne file its reply by Friday, October 11, 2024.\n\n 2. MineOne timely filed its Motion on September 20, 2024. See ECF No. 366.\n\n 3. However, BCB failed to file a Response to MineOne\u2019s Motion by its Court-ordered\n\ndeadline of October 4, 2024. There was no Court Order or agreement by the parties extending\n\nBCB\u2019s Court-ordered deadline.\n\n 4. While BCB, at the last minute, sought an extension of an additional 17 days to\n\nrespond to MineOne\u2019s Motion (ECF No. 380), BCB misrepresented the facts, as fully detailed in\n\nMineOne\u2019s Opposition to BCB\u2019s Motion for an Extension of Time (ECF No. 381).\n\n 5. BCB\u2019s default in responding to the Motion is inexcusable. Accordingly, and in\n\naddition to each of the reasons set forth in the Motion, MineOne\u2019s Motion should be granted in its\n\nentirety. See, e.g., Meridith v. Great Wolf Lodge of Kan. City, No. 07-2529-DJW, 2008 U.S. Dist.\n\nLEXIS 71408, at *4 (D. Kan. Sep. 19, 2008) (granting motion to compel as unopposed and\n\nawarding attorneys\u2019 fees); Martinez v. Corrhealth, No. 1:22-cv-00288-WJ-SCY, 2024 U.S. Dist.\n\nLEXIS 89597, at *10 (D.N.M. May 17, 2024) (granting unopposed motion for sanctions and\n\nadverse inference).\n\n\n\n\n PAGE 1\n\f Case 1:23-cv-00079-ABJ Document 385 Filed 10/07/24 Page 3 of 4\n\n\n\n\n CONCLUSION\n\n WHEREFORE, in accordance with the foregoing, and as detailed in MineOne\u2019s Motion,\n\nMineOne requests that the Court enter an Order compelling discovery from BCB and for sanctions\n\ndue to BCB\u2019s noncompliance with the Court\u2019s discovery Order and for spoliation of critical\n\nevidence. It is also respectfully requested that the Court enter an Order that MineOne can serve\n\nthe subpoenas on Neil Phippen, Sean Murphy and Stephen Randall by email as a means of\n\nalternative service.\n\n MineOne submitted its proposed order to the Court on September 23, 2024. See ECF No.\n\n367.\n\n DATED this 7th day of October, 2024\n\n\n DEFENDANTS MINEONE WYOMING DATA\n CENTER, LLC, MINEONE PARTNERS LLC, AND\n TERRA CRYPTO INC.,\n\n\n\n By: /s/ Paula K. Colbath\n Paula K. Colbath, Esq. (Admitted Pro Hac Vice)\n David Forrest, Esq. (Admitted Pro Hac Vice)\n Alex Inman, Esq. (Admitted Pro Hac Vice)\n 345 Park Avenue\n New York, NY 10154\n Telephone: (212) 407-4905\n Fax: (212) 407-4990\n\n HATHAWAY & KUNTZ, LLP\n Sean Larson Wyo. Bar #7-5112\n Kari Hartman, Wyo. Bar #8-6507\n P. O. Box 1208\n Cheyenne, WY 82003\n Phone: (307) 634-7723\n Fax: (307) 634-0985\n slarson@hkwyolaw.com\n khartman@hkwyolaw.com\n240026437\n\n\n\n\n PAGE 2\n\f Case 1:23-cv-00079-ABJ Document 385 Filed 10/07/24 Page 4 of 4\n\n\n\n\n CERTIFICATE OF SERVICE\n\n This is to certify that on the 7th day of October, 2024, a true and correct copy of the\n\nforegoing was served upon counsel as follows:\n\n\n Patrick J. Murphy [\u2713] CM/ECF\n Scott C. Murray [ ] Fax:\n Williams, Porter, Day & Neville, P.C. [ ] E-mail:\n 159 N. Wolcott., Suite 400 pmurphy@wpdn.net smurray@wpdn.net\n P.O. Box 10700 (82602)\n Casper, WY 82601\n Attorneys for Plaintiff\n\n Meggan J. Hathaway [\u2713] CM/ECF\n Jane M. France [ ] Fax:\n Sundahl, Powers, Kapp & Martin, L.L.C. [ ] E-mail:\n 500 W. 18th Street, Suite 200 mhathaway@spkm.org; jfrance@spkm.org\n Cheyenne, WY 82003-0328\n\n Marc S. Gottlieb [\u2713] CM/ECF\n Ortoli Rosenstadt, LLP [ ] Fax:\n 366 Madison Avenue, 3rd Floor [ ] E-mail:\n New York, NY 10017 msg@orllp.legal\n\n Attorneys for Bit Origin and SonicHash\n\n\n /s/Paula K. Colbath\n Loeb & Loeb, LLP\n\f","ocr_status":2,"date_upload":"2024-12-12T16:50:45.026981-08:00","document_number":"385","attachment_number":null,"pacer_doc_id":"20702489628","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Notice (Other)","acms_document_guid":""}],"date_created":"2024-10-07T18:07:28.700644-07:00","date_modified":"2025-09-23T09:32:31.778142-07:00","date_filed":"2024-10-07","time_filed":"19:05:02","entry_number":385,"recap_sequence_number":"2024-10-07.003","pacer_sequence_number":1275,"description":"NOTICE of Non-Opposition re 366 MOTION to Compel Discovery from Plaintiff MOTION for Sanctions MOTION for Alternative Service of Subpoenas by Defendants MineOne Partners LLC, MineOne Wyoming Data Center LLC, Terra Crypto Inc (Colbath, Paula) Modified text on 10/8/2024 (Court Staff, sbh). (Entered: 10/07/2024)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/404501749/","id":404501749,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67320886/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/415083083/","id":415083083,"tags":[],"absolute_url":"/docket/67320886/384/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-07T15:10:02.016237-07:00","date_modified":"2025-09-23T09:32:31.755838-07:00","sha1":"b162e981aec55da79fb9bced2c6d14e0623a355b","page_count":9,"file_size":231154,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.384.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.384.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 1:23-cv-00079-ABJ Document 384 Filed 10/07/24 Page 1 of 9\n\n\n\n\nSean Larson, Wyo. Bar #7-5112\nKari Hartman, Wyo. Bar # 8-6507\nHATHAWAY & KUNZ, LLP\nP. O. Box 1208\nCheyenne, WY 82003-1208\n307-634-7723\n307-634-0985 (Fax)\n\nPaula K. Colbath, Esq. (Admitted Pro Hac Vice)\nDavid Forrest, Esq. (Admitted Pro Hac Vice)\nAlex Inman, Esq. (Admitted Pro Hac Vice)\nLOEB & LOEB, LLP\n345 Park Avenue\nNew York, NY 10154\n212-407-4905\n212-407-4990 (Fax)\n\nATTORNEYS FOR DEFENDANTS MINEONE WYOMING DATA CENTER, LLC,\nMINEONE PARTNERS LLC, AND TERRA CRYPTO INC.\n\n IN THE UNITED STATES DISTRICT COURT\n FOR THE DISTRICT OF WYOMING\n )\nBCB CHEYENNE LLC d/b/a BISON BLOCKCHAIN, a )\nWyoming limited liability company, )\n )\n Plaintiff, )\nv. ) Civil Action No. 23CV-79-ABJ\n )\nMINEONE WYOMING DATA CENTER LLC, a )\nDelaware limited liability company; MINEONE )\nPARTNERS LLC, a Delaware limited liability company; )\nTERRA CRYPTO INC., a Delaware corporation; BIT )\nORIGIN, LTD, a Cayman Island Company; )\nSONICHASH LLC, a Delaware limited liability )\ncompany; BITMAIN TECHNOLOGIES HOLDING )\nCOMPANY, a Cayman Island Company; BITMAIN )\nTECHNOLOGIES GEORGIA LIMITED, a Georgia )\ncorporation; and JOHN DOES 1-20, related persons and )\ncompanies who control or direct some or all of the named )\nDefendants. )\n )\n Defendants. )\n )\n\n\n\n OPPOSITION TO PLAINTIFF BCB CHEYENNE LLC\u2019S MOTION TO QUASH\n MINEONE DEFENDANTS\u2019 SUBPOENA TO JWJ TECHNOLOGY LLC\n\f Case 1:23-cv-00079-ABJ Document 384 Filed 10/07/24 Page 2 of 9\n\n\n\n\n COME NOW Defendants MineOne Wyoming Data Center LLC, MineOne Partners LLC,\n\nand Terra Crypto Inc. (collectively, \u201cMineOne\u201d), by their counsel, and hereby file this opposition\n\nto Plaintiff BCB Cheyenne LLC\u2019s (\u201cBCB\u201d) Motion to Quash (ECF No. 368) (the \u201cMotion\u201d)\n\nMineOne\u2019s Subpoena to JWJ Technology LLC (the \u201cSubpoena\u201d).\n\n PRELIMINARY STATEMENT\n\n Since at least February 2024, Plaintiff BCB has sought the testimony of Huali (\u201cWiley\u201d)\n\nZhang, an individual who worked for JWJ Technology LLC (\u201cJWJ\u201d), a vendor involved in the\n\nconstruction of MineOne\u2019s cryptocurrency mining facility at the North Range site in Cheyenne,\n\nWyoming. Since February 2024, Defendant MineOne has continually advised plaintiff\u2019s counsel\n\nand this Court that Mr. Zhang is not a member of any MineOne party or otherwise under\n\nMineOne\u2019s control: Mr. Zhang is a vendor/consultant whom MineOne retained to visit the North\n\nRange site to observe and report on construction progress. It became obvious to Mr. Zhang and\n\nhis employer JWJ that BCB was way behind schedule on construction and way over budget\n\n(among other issues) on the North Range project. As such, Mr. Zhang and JWJ were asked to\n\nassist BCB and help them complete the construction of the North Range project. However, when\n\nBCB walked off the job on March 15, 2023, Mr. Zhang and JWJ continued, on an as needed basis,\n\nto assist Systems MEC in completing the North Range facility.\n\n Although MineOne has, from the beginning of this action, explained that Mr. Zhang and\n\nJWJ are not employees or members of MineOne, Plaintiff has insisted from the start that Mr. Zhang\n\nis under MineOne\u2019s control and that his documents and testimony (as well as those of other JWJ\n\nemployees, such as Ziyao Shao) must be produced by MineOne. Plaintiff went so far as to file a\n\nmotion for sanctions, ECF No. 269, which argued that MineOne failed to properly produce\n\ndocuments from Mr. Zhang and Mr. Shao (and, to which MineOne properly responded that JWJ\n\n\n\n\n PAGE 1\n\f Case 1:23-cv-00079-ABJ Document 384 Filed 10/07/24 Page 3 of 9\n\n\n\n\nwas a vendor/consultant and that documents from any of JWJ\u2019s employees are not in MineOne\u2019s\n\npossession). Plaintiff included Mr. Zhang on its deposition list and sent numerous discovery letters\n\narguing that Mr. Zhang must be produced by MineOne for deposition as an employee of MineOne.\n\nPlaintiff then sent a notice of deposition for Mr. Zhang to MineOne\u2019s counsel, notwithstanding the\n\nfact that Mr. Zhang was not under MineOne\u2019s control. Finally, at the August 22, 2024 informal\n\ndiscovery conference before Judge Hambrick, BCB\u2019s counsel requested that Judge Hambrick order\n\nMineOne to produce Mr. Zhang. Judge Hambrick declined to do so and, instead, ordered MineOne\n\nto provide to BCB\u2019s counsel the last known address and contact information for Mr. Zhang (ECF\n\nNo. 322), which MineOne complied with on August 26, 2024.\n\n Throughout the discovery process, counsel for MineOne repeatedly advised BCB that,\n\nbecause MineOne did not control Mr. Zhang or any member or employee of JWJ, their testimony\n\nwould need to be subpoenaed. BCB refused to heed this suggestion and instead plowed ahead\n\nwith unnecessary motion practice.\n\n In response, MineOne issued its own subpoena for documents and testimony directly to\n\nJWJ. Inexplicably, in response BCB has now filed a motion to quash the testimony and documents,\n\nafter seven months of pursing this very testimony and documents.1 BCB\u2019s motion should be\n\nviewed for what it is: more bad faith, frivolous motion practice designed to waste party resources\n\nand to distract MineOne\u2019s counsel from essential trial preparation. JWJ did not serve objections\n\nto the subpoena or move to quash it. JWJ stands ready to comply with the Subpoena. The Motion\n\nshould be denied in its entirety.\n\n\n\n\n1\n BCB has issued over 20 third party subpoenas in this action.\n\n\n\n PAGE 2\n\f Case 1:23-cv-00079-ABJ Document 384 Filed 10/07/24 Page 4 of 9\n\n\n\n\n ARGUMENT\n\n I. BCB Lacks Standing to Quash the Subpoena\n\n The law is well settled in this Circuit that a party lacks standing to challenge a subpoena to\n\na nonparty unless there is an assertion of personal right or privilege as to the subpoena. BCB cites\n\nto none and does not even reference whether it has standing to seek to quash the subpoena.\n\n Both Judge Rankin and Magistrate Judge Carman have aptly observed that a party lacks\n\nstanding to challenge a subpoena issued against a third party. See Black Card, LLC v. Visa U.S.A.,\n\nInc., No. 15-CV-027-S, 2016 U.S. Dist. LEXIS 178265, at *4 (D. Wyo. May 9, 2016) (Rankin, J.)\n\n(\u201cThe general rule is that a party has no standing to quash a subpoena served upon a third party,\n\nexcept as to claims of privilege relating to the documents being sought. A party also may move to\n\nquash a subpoena upon a showing that there is a privacy interest applicable.\u201d) (citing Windsor v.\n\nMartindale, 175 F.R.D. 665, 668 (D.Colo.1997) (internal quotation marks omitted); see also Bindl\n\nv. Evanston Hosp. Corp., No. 14-CV-0052-SWS, 2015 U.S. Dist. LEXIS 192769, at *2-3 (D. Wyo.\n\nOct. 9, 2015) (\u201cThe general rule is that a party has no standing to quash a subpoena served upon a\n\nthird party, except as to claims of privilege relating to the documents being sought\u2026. A party also\n\nmay move to quash a subpoena upon a showing that there is a privacy interest applicable\u2026. Absent\n\na specific showing of a privilege or privacy, a court cannot quash a subpoena duces tecum.\u201d)\n\n(Carman, M.J.) (internal quotation marks and citations omitted). As such, BCB\u2019s Motion should\n\nbe denied because BCB lacks standing to challenge the Subpoena.\n\n II. BCB (Again) Failed to Confer With MineOne\u2019s Counsel Prior to Filing its Motion\n\n Even putting aside BCB\u2019s lack of standing to challenge the Subpoena, BCB\u2019s Motion is\n\nprocedurally defective since this Court\u2019s Local Rule 7.1(b)(1)(A) required that BCB\u2019s counsel first\n\nconfer with MineOne\u2019s counsel, which it did not do. BCB has (once again) violated the Court\u2019s\n\n\n\n\n PAGE 3\n\f Case 1:23-cv-00079-ABJ Document 384 Filed 10/07/24 Page 5 of 9\n\n\n\n\nLocal Rules and flouted its obligation to meet and confer with MineOne. BCB\u2019s refusal to confer\n\ncompels the denial of its Motion.\n\nIII. There Is No Substantive Basis to Quash the Subpoena\n\n BCB\u2019s main argument is that the Subpoena is \u201cuntimely\u201d and that MineOne did not provide\n\n\u201creasonable notice\u201d to JWJ. (ECF No. 368 at 2). This argument fails for a whole host of reasons.\n\n First, BCB ignores that the return date on the Subpoena was a placeholder date, subject to\n\nboth counsel and witness availability. Indeed, the transmittal email to counsel dated September\n\n12, 2024 enclosing MineOne\u2019s notice of intent to serve the Subpoena confirmed this fact, and said,\n\n\u201cPlease note that the date for compliance in the attached Subpoena is a control date that is subject\n\nto change based upon witness availability.\u201d See Ex. A. MineOne also informed JWJ that the\n\nSeptember 17 date was just a control date: \u201cWe have listed September 17, 2024 as a control date\n\nfor compliance, but are willing to discuss other dates.\u201d See Ex. B. In response, JWJ accepted\n\nservice of the subpoena by email on JWJ\u2019s behalf and was ready willing and able to comply with\n\nit. See id.\n\n Second, and more fundamentally, BCB has unclean hands on its motion to quash. Since at\n\nleast as early as February 2024, BCB has argued that Mr. Zhang was purportedly under MineOne\u2019s\n\npossession, custody, and control and that it wanted his documents and testimony. By letter dated\n\nFebruary 7, 2024, MineOne informed BCB\u2019s counsel that MineOne does not have access to, or\n\ncontrol over the email accounts associated with Huaili Zhang and his employer, JWJ. This letter\n\nwas attached as Exhibit A to MineOne Data\u2019s opposition to BCB\u2019s motion to compel (ECF No.\n\n145-1 at 2). Indeed, Mr. Zhang never had a MineOne email address. MineOne further provided\n\nBCB with the documentary evidence belying its claims, including the vendor invoices and the\n\ncontract between MineOne and JWJ, as well as Mr. Zhang\u2019s last known contact information. Ex.\n\n\n\n\n PAGE 4\n\f Case 1:23-cv-00079-ABJ Document 384 Filed 10/07/24 Page 6 of 9\n\n\n\n\nC. Yet, rather than utilize the litigation tools available in discovery as to non-parties, BCB refused\n\nto relent in its baseless accusation that MineOne controlled Mr. Zhang and went so far as to file a\n\nsanctions motion against MineOne for its failure to produce Mr. Zhang\u2019s documents. ECF No.\n\n269. BCB has been fully aware that JWJ and its members and employees had relevant evidence\n\nin this action. BCB has always wanted to obtain and review this evidence.2 However, once\n\nMineOne took the proper steps to actually obtain JWJ\u2019s documents and testimony, by issuing the\n\nSubpoena, BCB determined that JWJ\u2019s testimony was no longer relevant or needed.\n\n But there is more. BCB listed Mr. Zhang as a desired deponent in each of its witness lists\n\nthrough the end of August 2024, see, e.g., Exs. D-F, leading MineOne to believe that BCB would\n\nbe sending JWJ a subpoena. Once it became clear that BCB would not send a subpoena, MineOne\n\ndecided to subpoena JWJ itself with a placeholder control date for the last date of discovery in\n\norder to receive JWJ\u2019s documents and testimony. At the time, MineOne\u2019s motion to modify the\n\nscheduling order and extend the discovery cutoff (ECF No. 344) was still being briefed. Given\n\nthat counsel had not been able to agree on deposition dates, MineOne was left with no choice but\n\nto immediately serve the Subpoena and insert the last day of discovery for JWJ to appear for\n\ndeposition and for it to bring with it, relevant documents, with the additional caveat that any\n\ndeposition would be scheduled after conferring with the party and counsel and accommodating\n\neveryone\u2019s schedule.\n\n Third, BCB\u2019s repeated citations to the thirty-day response period under Rule 34 completely\n\nmisses the mark. ECF No. 368 at 3-4. As BCB well knows, \u201creasonable time for compliance\n\nunder Rule 45 on a particular document subpoena\u201d is \u201c\u2018related to the extent of the materials\n\n\n\n2\n BCB issued Mr. Zhang a subpoena to testify at the June 26, 2024 evidentiary hearing, improperly directed to\nMineOne\u2019s counsel. ECF No. 223-2. Mr. Zhang is also featured in BCB\u2019s Rule 26 disclosures as an individual in\npossession of discoverable information. See Ex. G at 15.\n\n\n\n PAGE 5\n\f Case 1:23-cv-00079-ABJ Document 384 Filed 10/07/24 Page 7 of 9\n\n\n\n\nrequested and the other underlying circumstances of the particular case\u2019 as opposed to a set time\n\nperiod, such as 14 days or 30 days.\u201d In re Trinh, No. 2:18-bk-11475-RK, 2022 Bankr. LEXIS\n\n1517, at *11-12 (Bankr. C.D. Cal. May 31, 2022) (quoting 9A Wright and Miller, Federal Practice\n\nand Procedure, Civil (3d ed.) \u00a7 2463.1).3 As detailed above, MineOne acted quickly and\n\nsubpoenaed JWJ once it became clear that BCB was changing course and would not be doing so.\n\nAgain, JWJ has not served objections to the Subpoena or a motion to quash. To the contrary, Mr.\n\nZhang has accepted service of the Subpoena and JWJ stands ready to comply with it.\n\n Simply put, even if BCB did have standing to object to the Subpoena (which it does not),\n\nand had conferred with MineOne (which it did not), there is no substantive basis to quash the\n\nSubpoena, especially given that it is directed at a party that BCB included on its own witness list\n\nfor months. JWJ should be permitted to produce its documents and appear for deposition.\n\n CONCLUSION\n\n WHEREFORE, in accordance with the foregoing, BCB\u2019s Motion should be denied.\n\n\n\n\n3\n Contrary to BCB\u2019s contention (ECF 368 at 3), the Court\u2019s instruction in the Revised Scheduling Order (ECF 164 at\np. 2, \u00b6 5) that \u201c[w]ritten discovery requests are not timely if they are filed so close to this deadline that the recipient\nwould not be required under Federal Rules of Civil Procedure to respond until after the deadline\u201d does not apply to\nMineOne\u2019s document subpoena for the same reason.\n\n\n\n PAGE 6\n\f Case 1:23-cv-00079-ABJ Document 384 Filed 10/07/24 Page 8 of 9\n\n\n\n\nDATED this 7th day of October, 2024\n\n DEFENDANTS MINEONE WYOMING DATA\n CENTER, LLC, MINEONE PARTNERS LLC, AND\n TERRA CRYPTO INC.,\n\n\n\n By: /s/ Paula K. Colbath\n Paula K. Colbath, Esq. (Admitted Pro Hac Vice)\n David Forrest, Esq. (Admitted Pro Hac Vice)\n Alex Inman, Esq. (Admitted Pro Hac Vice)\n 345 Park Avenue\n New York, NY 10154\n Telephone: (212) 407-4905\n Fax: (212) 407-4990\n\n HATHAWAY & KUNTZ, LLP\n Sean Larson Wyo. Bar #7-5112\n Kari Hartman, Wyo. Bar #8-6507\n P. O. Box 1208\n Cheyenne, WY 82003\n Phone: (307) 634-7723\n Fax: (307) 634-0985\n slarson@hkwyolaw.com\n khartman@hkwyolaw.com\n240009643\n\n\n\n\n PAGE 7\n\f Case 1:23-cv-00079-ABJ Document 384 Filed 10/07/24 Page 9 of 9\n\n\n\n\n CERTIFICATE OF SERVICE\n\n This is to certify that on the 7th day of October, 2024, a true and correct copy of the\n\nforegoing was served upon counsel as follows:\n\n\n Patrick J. Murphy [\u2713] CM/ECF\n Scott C. Murray [ ] Fax:\n Williams, Porter, Day & Neville, P.C. [ ] E-mail:\n 159 N. Wolcott., Suite 400 pmurphy@wpdn.net smurray@wpdn.net\n P.O. Box 10700 (82602)\n Casper, WY 82601\n Attorneys for Plaintiff\n\n Meggan J. Hathaway [\u2713] CM/ECF\n Jane M. France [ ] Fax:\n Sundahl, Powers, Kapp & Martin, L.L.C. [ ] E-mail:\n 500 W. 18th Street, Suite 200 mhathaway@spkm.org; jfrance@spkm.org\n Cheyenne, WY 82003-0328\n\n Marc S. Gottlieb [\u2713] CM/ECF\n Ortoli Rosenstadt, LLP [ ] Fax:\n 366 Madison Avenue, 3rd Floor [ ] E-mail:\n New York, NY 10017 msg@orllp.legal\n\n Attorneys for Bit Origin and SonicHash\n\n\n /s/Paula K. Colbath\n Loeb & Loeb, LLP\n\f","ocr_status":2,"date_upload":"2025-01-17T10:13:43.068012-08:00","document_number":"384","attachment_number":null,"pacer_doc_id":"20702489479","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Opposition","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/415279047/","id":415279047,"tags":[],"absolute_url":"/docket/67320886/384/1/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-08T16:01:09.660357-07:00","date_modified":"2025-01-18T02:06:40.262358-08:00","sha1":"8b3525118dabb7fae4a7f2457a35d51395168a56","page_count":2,"file_size":119241,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.384.1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.384.1.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:23-cv-00079-ABJ Document 384-1 Filed 10/07/24 Page 1 of 2\n\n\n\n\n EXHIBIT A\n\f Case 1:23-cv-00079-ABJ Document 384-1 Filed 10/07/24 Page 2 of 2\n\n\n\n\nFrom: Maribel Gill on behalf of Paula Colbath\nSent: Thursday, September 12, 2024 2:21 PM\nTo: Patrick Murphy; Wendy Trembath; Marc Gottlieb; Jane France; Meggan Hathaway\nCc: MineOne-BCB; Sean Larson; Kari Hartman\nSubject: BCB Cheyenne LLC v. MineOne et al. - Notice of Intent to Serve Subpoena\nAttachments: Notice of Subpoena [FINAL].pdf\n\n\nCounsel,\n\nPlease see the attached notice of subpoena. Please note that the date for compliance in the attached Subpoena is a\ncontrol date that is subject to change based upon witness availability.\n\nRegards,\nPaula Colbath\n\n\n\n\n 1\n\f","ocr_status":1,"date_upload":"2025-01-17T10:13:43.554524-08:00","document_number":"384","attachment_number":1,"pacer_doc_id":"20702489480","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit A - Notice of Intent to Serve Subpoena","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/415279048/","id":415279048,"tags":[],"absolute_url":"/docket/67320886/384/2/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-08T16:01:09.705099-07:00","date_modified":"2025-01-19T02:36:11.065333-08:00","sha1":"c383b941d798f37fe99d5fee38eb46f629e3dfe5","page_count":3,"file_size":276373,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.384.2.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.384.2.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:23-cv-00079-ABJ Document 384-2 Filed 10/07/24 Page 1 of 3\n\n\n\n\n EXHIBIT B\n\f Case 1:23-cv-00079-ABJ Document 384-2 Filed 10/07/24 Page 2 of 3\n\n\n\n\nFrom: huailizhang <506244106@qq.com>\nSent: Thursday, September 19, 2024 1:46 AM\nTo: David Forrest\nSubject: Re: Subpoena to JWJ Technology LLC\n\n\n\nCAUTION: EXTERNAL EMAIL\n\n\nconfirmed\n\n\n\n\n\u611f\u8c22\u60a8\u7684\u6765\u4fe1\uff0c\u6211\u4f1a\u5c3d\u5feb\u7ed9\u60a8\u56de\u4fe1\uff01\n---Original---\nFrom: \"David Forrest\"\nDate: Fri, Sep 13, 2024 02:34 AM\nTo: \"506244106@qq.com\"<506244106@qq.com>;\nCc: \"MineOne-BCB\";\nSubject: Subpoena to JWJ Technology LLC\n\n\n\n\nDear Mr. Zhang,\n\n\n\nWe represent Defendants MineOne Wyoming Data Center LLC, MineOne Partners LLC, and Terra Crypto Inc.\nin the above-referenced action. Because of Court deadlines, we are required to serve the attached Deposition\nand Document Subpoena upon JWJ Technology LLC. We have listed September 17, 2024 as a control date for\ncompliance, but are willing to discuss other dates.\n\n\n\nPlease confirm whether you will accept service of the attached subpoena upon behalf of JWJ Technology\nLLC. Again, the date listed is flexible. We would like to speak with you, or any other representative of JWJ, in\nadvance of any deposition.\n\n\n\nRegards,\n\n\n 1\n\f Case 1:23-cv-00079-ABJ Document 384-2 Filed 10/07/24 Page 3 of 3\n\n\n\n\nDavid Forrest\nAttorney At Law\n\n\n\n345 Park Avenue | New York, NY 10154\nDirect Dial: 212.407.4877 | Fax: 212.407.4990 | E-mail: dforrest@loeb.com\nLos Angeles | New York | Chicago | Nashville | Washington, DC | San Francisco | Beijing | Hong Kong | www.loeb.com\n\n\n\nCONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may\ncontain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering\nit to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information\ncontained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please\nimmediately notify the sender. Please destroy the original transmission and its attachments without reading or saving in any manner.\nThank you, Loeb & Loeb LLP.\n\n\n\n\n 2\n\f","ocr_status":2,"date_upload":"2025-01-17T10:13:44.114094-08:00","document_number":"384","attachment_number":2,"pacer_doc_id":"20702489481","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit B - Email Transmittal of Subpoena to JWJ Technology LLC","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/415279049/","id":415279049,"tags":[],"absolute_url":"/docket/67320886/384/3/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-08T16:01:09.784131-07:00","date_modified":"2025-01-18T02:33:29.174199-08:00","sha1":"4cdaed1f0a3ab30d02111c1f2319a597a9f5b7fb","page_count":6,"file_size":347067,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.384.3.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.384.3.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:23-cv-00079-ABJ Document 384-3 Filed 10/07/24 Page 1 of 6\n\n\n\n\n EXHIBIT C\n\f Case 1:23-cv-00079-ABJ Document 384-3 Filed 10/07/24 Page 2 of 6\n\n\n PAULA K. COLBATH\n Partner\n\n 345 Park Avenue Direct 212.407.4905\n New York, NY 10154 Main 212.407.4000\n Fax 212.407.4990\n pcolbath@loeb.com\n\n\n\n Via email (pmurphy@wpdn.net) and First Class\n Mail\n\nAugust 26, 2024\n\n\nPatrick Murphy, Esq.\nWilliams, Porter, Day and Neville, P.C.\n159 N Wolcott St., Suite 400\nCasper, WY 82601\n\nRe: BCB v MineOne Wyoming Data Center LLC et al. \u2013 August 22, 2024 Order\n\nDear Patrick:\n\nAs you know, we, along with our co-counsel Hathaway & Kunz, LLP, represent Defendants\nMineOne Wyoming Data Center, LLC (\u201cMineOne\u201d), MineOne Partners, LLC, and Terra Crypto\nInc. (collectively, the \u201cMineOne Defendants\u201d).\n\nWe write pursuant to the Court\u2019s August 22, 2024 Order (ECF No. 322) to provide the following\ninformation regarding Chong \u201cLucas\u201d Wang and Huali \u201cWiley\u201d Zhang:\n\nChong \u201cLucas\u201d Wang\n\nAs we have advised you for months, Mr. Wang is not an officer, member, employee and/or director\nof any of the MineOne Defendants. Mr. Wang does not own individually any interest in a MineOne\nDefendant, nor does he have any decision making authority over any of the MineOne Defendants.\nAccording to public filings filed with Defendant Bit Origin Ltd. with the Securities Exchange\nCommission, Mr. Wang was previously the Chief Executive Officer of Defendant Bit Origin Ltd.,\nwhich we understand to be a public company which trades on NASDAQ under the ticker symbol\nBTOG. Our clients have confirmed to us that Mr. Wang never visited the digital currency mining\nfacilities that are the subject of this action.\n\nMr. Wang\u2019s last known address (from Bit Origin Ltd.\u2019s public filings) is:\n\nRoom 1802, Building 1,\nRenheng Tang Yue Wan, Binhe Road,\nHigh-Tech District, Suzhou City, Jiangsu Province, China\n\nHuali \u201cWiley\u201d Zhang\n\nMr. Zhang is associated with JWJ Technology LLC (\u201cJWJ\u201d), an independent vendor experienced\nin building digital currency mining facilities such as the facilities at issue in this action. JWJ was\nretained to assist BCB Cheyenne LLC (\u201cBCB\u201d) in completing construction of the North Range\nfacility (which experienced significant cost overruns and construction delays). Also, after BCB\nLos Angeles New York Chicago Nashville Washington, DC San Francisco Beijing Hong Kong www.loeb.com\n\nFor the United States offices, a limited liability partnership including professional corporations. For Hong Kong office, a limited liability partnership.\n\f Case 1:23-cv-00079-ABJ Document 384-3 Filed 10/07/24 Page 3 of 6\n\n\n Patrick Murphy, Esq.\n August 26, 2024\n Page 2\n\n\n\n\nwalked off the job in March 2023, JWJ assumed additional responsibilities at the digital currency\nmining facilities at issue in this case.\n\nMineOne Data\u2019s work with JWJ ended when President Biden signed his May 13, 2024 Order\nrequiring the MineOne Defendants to divest from the North Range property and remove all of the\ninfrastructure and miners thereon.\n\nMr. Zhang\u2019s last known address (taken from an invoice issued by JWJ in connection with the\ndigital currency mining project, a copy of which is attached hereto) is:\n\nJWJ Technology LLC\n614 N DuPont Hwy, Suite 210\nDover, Delaware 19901\n\nSincerely,\n\n\n\nPaula K. Colbath\nPartner\n\ncc: Sean Larson, Esq.\n Marc Gottlieb, Esq.\n Meggan Hathaway, Esq.\n Marc Feinstein, Esq.\n Khale Lenhart, Esq.\n\nEnclosure\n\f Case\n Case1:23-cv-00079-ABJ\n 1:23-cv-00079-ABJ Document\n Document384-3\n 289-5 Filed\n Filed07/24/24\n 10/07/24 Page\n Page24\n ofof\n 46\n\n Message\n\n From: Ii Iris [zelara@hotmail.com]\n on behalf of Ii Iris [zelara@hotmail.com]\n Sent: 1/19/2023 10:26:59 AM\n To: Michael Murphy [murf@bcbv.net]\n CC: Neil Phippen [neil@bcbv.net]; Emory Patterson [emory@bcbv.net]; Alice Shan [alice.s@mineonepartners.com]; Ii Iris\n [zelara@hotmail.com]; Ziyao Shao [ziyaoshao@gmail.com]; noemikii@outlook.com; rengifo@ucholding.com;\n Jiaming Li [jiam@ucholding.com]; Info@MineOne [info@mineonepartners.com]\n Subject: FW: payments for Friday 01/06/2023\n Attachments: lsxwdnKsbmkuaTXyrHtIFRIbXBvcmFyeSB3b3JrZXJzIHBheSBzaGVldCgxKS54; JWJ invoice-20230115-14240.pdf\n\n\n\n I-li Michael,\n\n This invoice is for the labor cost of temporary workers which should be deducted from the bill of\n Cegen. The timesheet attached.\n\n Any questions, please let us know. Thank you.\n\n\n With Regards\n Iris\n\n\n\n\nCONFIDENTIAL MINEONE0013710\n\f Case\n Case1:23-cv-00079-ABJ\n 1:23-cv-00079-ABJ Document\n Document384-3\n 289-5 Filed\n Filed07/24/24\n 10/07/24 Page\n Page35\n ofof\n 46\n\n\n\n\n DOCUMENT PRODUCED IN NATIVE FORMAT\n\n\n\n\nCONFIDENTIAL MINEONE0013711\n\f Case\n Case1:23-cv-00079-ABJ\n 1:23-cv-00079-ABJ Document\n Document384-3\n 289-5 Filed\n Filed07/24/24\n 10/07/24 Page\n Page46\n ofof\n 46\n\n\n\n\n JWJ Technology LLC\n 614 N DuPont Hwy, Suite 210\n Dover, Delaware 19901\n\n\n\n 2023010101\n MineOne Wyoming Data Center 1 t1s. 1111: 2023/01/15\n Due Upon Receipt\n\n\n\n\n QTY DESCRIPTION\n Labor cost 2022.12.15-2023.1.15\n time sheet attached 14,240.00\n\n Z4i] Iii]\n\n\n\n\n TERMS O CONDITIONS\n\n t1\n ' Payment is Due Upon Receipt\n\n\n\n\nCONFIDENTIAL MINEONE0013712\n\f","ocr_status":2,"date_upload":"2025-01-17T10:13:44.629267-08:00","document_number":"384","attachment_number":3,"pacer_doc_id":"20702489482","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit C - 08-26-24 Letter to P Murphy re 08-22 Order","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/415279050/","id":415279050,"tags":[],"absolute_url":"/docket/67320886/384/4/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-08T16:01:09.825597-07:00","date_modified":"2025-01-18T02:09:50.647596-08:00","sha1":"deea6b8b29ed23e18df63ef9b5bf7dc30dfac999","page_count":6,"file_size":1537527,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.384.4.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.384.4.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:23-cv-00079-ABJ Document 384-4 Filed 10/07/24 Page 1 of 6\n\n\n\n\n EXHIBIT D\n\f Case 1:23-cv-00079-ABJ Document 384-4 Filed 10/07/24 Page 2 of 6\n\n Patrick 3. Murphy\n P.O. Box 10Th0\n 1S9 N. Wolcott Sr. Suite *00(82601)\n Casper. WY 82602\nWit LIAMS. PORTER, DAY & NEVILL prnurphytawpdn.net\n Wyoming\u2019s Law Firm\n\n July 23, 2024\n\n VIA E-MAIL ONLY\n\n Paula Colbath Marc Gottlieb Marc Feinstein\n msg\u00d8~orllp.legal mfeinstein(~omm.com\n pcolbath(&Uoeb.com\n Alex Inman\n ainman(afloeb.corn\n\n Re: Deposition Scheduling, Plaintiffs continued concerns, Zoom as\n International Solution\n\n Dear Paula Marc and Marc:\n\n I write in follow-up to my July 15, 2024 conferral letter regarding deposition\n scheduling.\n\n Plaintiffs concern remains that your clients may be trying to dodge depositions.\n\n I\u2019m attaching to this letter Judge Carman\u2019s email yesterday and how he assumes with\n mediation \u201cZoom will feature in this solution\u201d and notes the \u201cinternational aspect of this case.\u201d\n It is safe to assume that Zoom will feature as a solution with depositions given the international\n aspect of this case, as well.\n\n Please see my updated deposition schedule below. I scheduled John Kenyon Hayward\n on September 6, 2024 per your expert designation yesterday.\n\n I am also enclosing the Notice of Deposition for Erick Rengifo\u2019s deposition on Friday,\n August 2, 2024. Paula earlier informed me that Dr. Rengifo was unavailable to be deposed\n from August 5-3 1, 2024 (because of his vacation, so I am accommodating Dr. Rengifo by\n scheduling his deposition on August 2, 2024).\n\n I am also enclosing the Notice of Depositions for Chong Wang on Tuesday, August 6,\n 2024, and Ran Cheng on Friday, August 9, 2024.\n\n\n\n\n1~ 307 265 0700 I~: 30 266 2306 wpdri.nct I info@wpdn.net II ~ LAW CLM\n\f Case 1:23-cv-00079-ABJ Document 384-4 Filed 10/07/24 Page 3 of 6\n\n\n\n\nWILlIAMS. PORI FR. DAY & NEVIILE IC\n\n\n\n\n We look forward to working with you and finalizing the deposition schedule for\n Plaintiff and Defendants.\n\n Best reg\n\n\n\n Patricl~5Er~\u2019IyJphy\n\n Deposition Zoom Scheduling\n\n \u2022 Erick Rengifo (MineOne Terra, Bit Origin) August 2, 2024 via Zoom from\n Defense counsel\u2019s office in New York.\n \u2022 Chong Wang (MineOne Terra Bit Origin) August 6, 2024 via Zoom\n \u2022 Ran Cheng (Bitmain) August 9, 2024 via Zoom\n Huaili Zhang (MineOne Bit Origin) August 19, 2024 via Zoom\n \u2022 Micree Zhan (Bitmain) August 20, 2024 via Zoom\n \u2022 Xiaping Cao (Bit Origin) August 20, 2024 via Zoom\n \u2022 Jiaming Li (MineOne Terra Crypto Bit Origin) August 23, 2024 via Zoom\n \u2022 John Kenyon Hayward (Defendants\u2019 Expert Witness) September 6, 2024\n Rule 30(b)(6) witness of Bitmain Georgia September 8,2024 (topics for\n examination to be provided)\n \u201cEasen\u201d (Bitmain) September 9, 2024 via Zoom\n \u201cJason\u201d (Bitmain) September 9 2024 via Zoom\n Zhou Feng (Bitmain) September 10, 2024 via Zoom\n Nuolin Lin (Bitmain) September 10, 2024 via Zoom\n Cho Zhu (MineOne Terra Crypto) September 11, 2024 via Zoom\n Ziyoa Shao (MineOne Terra Crypto Bit Origin) September 11, 2024 via Zoom\n Henry Li (MineOne Terra Crypto Bit Origin) September 12, 2024 via Zoom\n \u201cMark\u201d (MineOne Terra Crypto Bit Origin) September 12, 2024 via Zoom\n Rule 30(b)(6) witness of MineOne Wyoming September 13, 2024 (topics for\n examination to be provided)\n \u2022 Zihan Zhang (MineOne) September 15, 2024 via Zoom\n\n\n\n\n 1: 3(1 265 0700 P: 307 266 2306 wpdn.net I infn~wpdn.net II ~ LAW CLM\n\f Case 1:23-cv-00079-ABJ Document 384-4 Filed 10/07/24 Page 4 of 6\n\n\nPatrick Murphy\n\nFrom: Mark Carman \nSent Monday, July 22, 2024 2:59 PM\nTo: Marc Gottlieb\nCc: Patrick Murphy; Paula Colbath; Khale J. Lenhart; Meggan Hathaway\nSubject Re: Asking Your Honor To Mediate our BCB/MineOne/Bitmain Georgia Case\n\n\nI expected issues in this regard due to international aspect of this case. I think it is unlikely we can ever get all the parties\nin one location. What I expect from you is an alternative option which will allow the substantive involvement of those\npersons necessary to resolve this matter. I assume Zoom will feature in this solution.\n\nThe mediation will remain on schedule.\n\nThanks\n\nMark\nSent from my iPhone\n\n\n On Jul 22, 2024, at 2:42 PM, Marc Gottlieb wrote:\n\n\n CAUTION EXTERNAL:\n -\n\n\n\n\n Your Honor\n\n Please excuse this unusual email. As you know, I represent Defendants Bit Origin and SonicHash\n in the BOB Cheyenne v MineOne litigation. I have avoided to the extent possible this type of ex\n parte back and forth with the Court. But given your recent order and the extremeLy limited time\n between now and our scheduled mediation, I feeL compeLled to write Your Honor to advise as soon\n in advance as possible that my cLients are incapabLe of complying with your recent order which\n requires our clients\u2019 in-person appearance at the mediation scheduled for July 29-30, 2024. There\n is simply insufficient advance notice to accommodate the Court\u2019s Order.\n\n As you may recall, I was tasked with serving as defendants\u2019 lead negotiator when it came to trying\n to negotiate a possible settlement with PLaintiff. When I approached Patrick Murphy about my\n proposalto mediate this matter, I did so with the understanding that we would try to keep things as\n simpLe as possible avoid overburdening the parties by requiring comprehensive pre-mediation\n -\n\n\n submissions, evidence books, etc., and we certainLy never discussed representatives from\n defendant companies having to be present in Wyoming on those dates. Had I known this was going\n to be a requirement, we wouLd never have discussed mediation dates so soon into the future.\n\n In light of the Court\u2019s recent order, we tried to secure our cLients\u2019 presence in the U.S. on the dates\n in question but we have been advised this is impossible. In orderto avoid violating Your Honor\u2019s\n order, I would respectfully request our mediation be adjourned to a future date that gives us the\n appropriate amount of time to arrange for our cLients to be present in person or at the very least\n virtually. I believe you may also hear from other defense counsel with a similar message. The\n purpose of the mediation was to avoid this type of additional expense, not to add to it.\n\n 1\n\f Case 1:23-cv-00079-ABJ Document 384-4 Filed 10/07/24 Page 5 of 6\n\n\n Before all of us go to the trouble and expense of booking our flights, hotels, etc., speaking for my\n clients, I feel compeLLed to raise this issue with the Court in order not to run afoul of the Court\u2019s\n order. To the extent the Court desires to have a follow-up call with counsel about this issue, I wiLL\n of course make myseLf available. Thank you for the Court\u2019s consideration of this request.\n\n Marc S. Gottlieb\n\n\n\n From: Mark Carman \n Sent: Friday, July 12, 2024 10:50 AM\n To: Patrick Murphy \n Cc: Marc Gottlieb ; Paula Colbath ; Khale J. Lenhart\n \n Subject: RE: Asking Your Honor To Mediate our BCB/MineOne/Bitmain Georgia Case\n\n\nYou don\u2019t often get email from mark carman@wyd.uscourts.gov Learn wh this is im rtant\n\n I have reviewed my calendar and I can make a two-day mediation work on those dates. It\u2019s a little tight\n and I may need to handle some criminal matters during the mediation. I would suggest we start a little\n later Monday at 10 am. I will still rule on the pending discovery matter but will hold off on any other\n work on this matter until after the mediation. After my departure, the referral work in this case will\n return to Judge Hambrick.\n\n\n Mark\n\n Mark L. Carman\n United States Magistrate Judge\n District of Wyoming\n\n From: Patrick Murphy \n Sent: Friday, July 12, 2024 8:07 AM\n To: Mark Carman \n Cc: Marc Gottlieb ; Paula Colbath < colba h loeb com>; Khale J. Lenhart\n \n Subject: Asking Your Honor To Mediate our BCB/MineOne/Bitmain Georgia Case\n\n UTION - EXTERNAL:\n\n\n Good morning, Judge Carman\u2014\n\n Following our hearing yesterday, Marc Gottlieb and I visited. And Marc is in very close touch with\n Paula. Our clients Plaintiff BCB and Defendants MineOne, Terra Crypto, Sonict-lash and Bit Origin\n \u2014 --\n\n\n accept Your Honor\u2019s offer to mediate our case.\n\n Specifically, if your schedule could accommodate this, we would like to come to Cheyenne to mediate\n with you on Monday and Tuesday, July 29-30. We don\u2019t know if our mediation would take two full days,\n but Marc and I think it is best to plan on a two-day mediation given the complexity of this case.\n\n\n 2\n\f Case 1:23-cv-00079-ABJ Document 384-4 Filed 10/07/24 Page 6 of 6\n\nMarc and I have agreed that Marc and Paula would come to Cheyenne for the [proposed]\nmediation. We don\u2019t yet know if they would have a client representative(s) attend the mediation, u\nthey are checking on this.\n\nBCB would have me, Michael Murphy, Sean Murphy and possibly Emory Patterson attend the\nmediation.\n\nI haven\u2019t yet done this, but I will invite Defendant Bitmain Georgia to attend this global mediation with\nus. I have a call in to Khale Lenhardt to invite Bitmain Georgia to attend the mediation with us. Marc\nGottlieb and I agree that Bitmain Georgia should mediate with us.\n\nThis would be a global mediation of all claims, all defenses, all parties.\n\nIs this something you could do for all of us, Your Honor?\n\nFinally, with all that we have written and filed in this case, we don\u2019t anticipate we would need to\nprepare terribly extensive Confidential Mediation Submissions in advance of the mediation. But\ncertainly the parties should provide you with some sort of Mediation Submissions in advance of the\nmediation. We would follow your lead in what you would like from counsel.\n\nMarc, Paula and I (and, hopefully, Khale) appreciate your willingness to tackle our case with a mediation\nat the end of this month (before the parties ramp up with depositions in early August).\n\nCan you please look at your judicial and life calendars to see if you mediate with us on July29\n30? Counsels\u2019 schedules are very challenging, and we really do need to do this on July29 30 (if Your\nHonor can).\n\nThank you, Judge Carman.\n\nPat Murphy\n(307) 262 2872 (cell)\n\n\n\n Patrick i. Murphy\n Attorney at Law\n Office: 307-265-0700\n WPDN.NET pmurphy~wpdn net\n 159 N. Wolcott St. Suite 400 (82601)\n \u2018,O, Box 10700\n Casper, WY 82602\n\n\nPRIVILEGE NOTICE: This email message contains confidential, privileged information intended solely for the addressee. Please do nat read, copy or\ndisseminate it unless you ore the addressee. If you hove received it in error, please call (collect) immediately at (307) 265-0700 and ask to speak with the\nsender. Also, I would appreciate your forwording the message bock to me ond deleting it from your system Thonk you.\n\nFEDERAL TAX AD VICE DISCLAIMER: This email is not tax odvice and is not intended for the purposes of ovoid,ngfederol tax penolties or promoting,\nmarketing, or recommending to onother party any matters oddressed herein. IRS Circulor 230.\n\n\n\n\n CAUTION EXTERNAL EMAIL: This emai originated outside the Judic ary. Exerc se Gaution when o en ng\n -\n\n attachments or cI cking on links.\n\f","ocr_status":2,"date_upload":"2025-01-17T10:13:45.125988-08:00","document_number":"384","attachment_number":4,"pacer_doc_id":"20702489483","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit D - 07-23-24 P. Murphy Deposition Schedule Ltr","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/415279052/","id":415279052,"tags":[],"absolute_url":"/docket/67320886/384/5/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-08T16:01:09.870805-07:00","date_modified":"2025-01-18T02:16:53.975111-08:00","sha1":"f86ae0938ecefb2d1abc261f8702c802c8da45a8","page_count":14,"file_size":1916385,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.384.5.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.384.5.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 1 of 14\n\n\n\n\n EXHIBIT E\n\f Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 2 of 14\n\n\n Patrick J. Murphy\n Physical: 159 N. Wolcott St. Suite 400\n Casper, WY 82601\n Phone: 307-265-0700\n Mailing: PO Box 10700\n Casper, WY 82602\n pmurphy@wpdn.net\n\n\n\n\n August 16, 2024\n\nVIA E-MAIL ONLY\n Honorable Stephanie Hambrick\n United States Magistrate Judge\n Yellowstone Justice Center\n 105 Albright Avenue\n Mammoth, WY 82190\n\n\n Re: BCB Cheyenne LLC v. MineOne et al; Civil No. 23-CV-79-ABJ; Topics\n for the 8/19/24 Informal Discovery Conference\n\nDear Judge Hambrick:\n\n I write to respond to MineOne\u2019s recent letters about issues for our two-hour informal\ndiscovery conference on Monday, August 19, 2024. What follows are: (1) the most relevant and\ntimely issues BCB wants the Court to address, including Defendants\u2019 refusal to schedule\ndepositions with the key personnel listed below, and (2) BCB\u2019s position and rebuttal to the many\nissues raised by the MineOne Defendants in their multiple letters to Your Honor.\n\n I. THE ISSUES BCB NEEDS THE COURT TO ADDRESS\n\n A. Defendants Are Blocking and Refusing to Schedule Depositions for\n Their Key Personnel: Chong Wang, Jiaming Li, Huaili Zhang, Micree\n Zhan, Ran Chang, Nuolin Li.\n\n Defendants are owned and operated by Chinese nationals. This is undisputed. These\nindividuals \u2013 Chong Wang, Jiaming Li, Huaili Zhang (MineOne and Bit Origin), and Micree Zhan,\nRan Chang, and Nuolin Li (Bitmain) \u2013 are each highly relevant to BCB\u2019s claims and possess\nunique knowledge and information critical to this case. But, instead of making their clients and\nkey executives and decision makers available for deposition, Defendants have given a litany of\nexcuses to deny and block BCB from deposing these individuals over Zoom. Instead of providing\nthese individuals\u2019 WeChat communications, they have refused to produce them (see BCB\u2019s\n7/10/24 First Motion for Sanctions).\n\n\n\n Page 1\n\f Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 3 of 14\n\n Patrick Murphy\u2019s Letter re: the\n 8/19/24 Informal Discovery Conference\n Civil No. 23-CV-79\n_________________________________________________________________________________________________________\n\n\n\n Never in my 44-year legal career, Your Honor, have I seen anything like this, where, as\n here, there are a group of foreign individuals critical to the facts in this case, and none of them \u2013\n not one \u2013 is being made available for deposition. And, I have tried to schedule these depositions.\n I\u2019ve written multiple conferral letters (with thoughtful deposition schedules). \u201cExhibit 1\u201d shows\n the most recent deposition scheduling correspondence between the Parties. I\u2019ve also tried to\n schedule meet and confer conference calls to schedule depositions, and all I get is excuses, delay\n and blocking tactics, and various objections about these individuals being \u201cin China\u201d and how they\n can\u2019t be deposed \u201cbecause of Chinese laws\u201d or how these individuals are not relevant (when we\n know they are).\n But, this case is filed in the United States.\n And now, Defendants are claiming they want to extend discovery. Extend discovery? After\n sixteen months of this? As you\u2019ll see below, Defendants don\u2019t want to conduct actual meaningful\n discovery, they want to overwhelm BCB, harass BCB, block BCB\u2019s depositions while they try to\n extend discovery to do more of their own depositions, and, ultimately, do everything they can to\n increase BCB\u2019s litigation costs. They know full well that by extending discovery it allows them\n more time to harass BCB and increase BCB\u2019s costs. The Court already extended the discovery\n cutoff one time, but the Defendants have not availed themselves of the opportunity to take any\n depositions during the extended discovery period. The Court should not further extend the\n September 17, 2024 discovery cutoff date. And the Court should also order that the Defendants\u2019\n representatives appear, by Zoom, to give BCB their deposition testimony.\n\n What follows are the only depositions BCB would like to take (and all easily before the\n September 17, 2024 discovery cutoff).\n\n \u25cf Chong Wang, MBA (MineOne, Terra, Bit Origin) August 23, 2024 via Zoom\n \u25cf Jiaming Li, PhD (MineOne, Terra Crypto, Bit Origin) August 30, 2024 via Zoom\n \u25cf Erick Rengifo, PhD (MineOne, Terra, Bit Origin) September 10, 2024 via Zoom\n \u25cf Huaili Zhang (MineOne, Bit Origin) September 13, 2024 via Zoom\n \u25cf Xiaping Cao, PhD (Bit Origin, Chinese Government Advisor) September 13, 2024 via\n Zoom\n\n \u25cf Ran Chang (Bitmain) August 28, 2024 via Zoom\n \u25cf Micree Zhan (Bitmain) August 28, 2024 via Zoom\n \u25cf Nuolin Lin (Bitmain) September 11, 2024 via Zoom\n\n\n\n\n Page 2\n\f Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 4 of 14\n\n Patrick Murphy\u2019s Letter re: the\n 8/19/24 Informal Discovery Conference\n Civil No. 23-CV-79\n_________________________________________________________________________________________________________\n\n\n\n E. BCB Has Produced the Responsive Documents Dated March 7, 2023 to\n March 15, 2023.\n\n As BCB earlier promised, it has produced the responsive documents dated March 7, 2023\n to March 15, 2023. This is no longer an issue.\n\n F. MineOne\u2019s Request for BCB\u2019s Text Messages and WeChat Messages is\n Not Ripe for an Informal Discovery Conference; BCB Does Not Have\n Any Responsive WeChat Messages (whereas MineOne continues to\n withhold responsive WeChat messages from its key employees); BCB\n Will Be Producing Responsive Text Messages Before the August 19,\n 2024 Informal Discovery Conference.\n\n MineOne\u2019s demand for an informal discovery conference to discuss BCB\u2019s production of\n its WeChat messages and text messages is not ripe or mature. BCB and MineOne have not yet\n met and conferred about this production.\n\n MineOne states that BCB failed to produce any WeChat messages. BCB did not produce\n any WeChat messages because BCB did not use WeChat to communicate about the project. As\n such, BCB does not have any WeChat messages to produce. In contrast, MineOne continues to\n withhold responsive WeChat messages that this Court compelled MineOne to produce by July 5,\n 2024 (and which are the subject of BCB\u2019s Motion for Sanctions against the MineOne Defendants\n [ECF 269]).\n\n Regarding BCB\u2019s text messages, BCB has been diligently pulling responsive and relevant\n (and non-privileged) text messages and working with its Relativity vendor to load them into\n Relativity and prepare them for production. This process has taken significant time and effort.\n See Patrick Murphy\u2019s July 1, 2024 conferral email to Paula Colbath (\u201cExhibit 12\u201d). BCB will\n produce any responsive, non-privileged text messages before the August 19, 2024 informal\n discovery conference. Again, in contrast, MineOne has refused to provide text messages from\n several of its key personnel, including Co-founder and site beneficial owner Chong \u201cLucas\u201d Wang\n and employee Huaili \u201cWiley\u201d Zhang (both of whom were key figures in breaching the DHS\n Agreement and replacing BCB as the Phase 2 O&M Service Provider).\n\n\n\n\n Page 18\n\f Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 5 of 14\n\n Patrick Murphy\u2019s Letter re: the\n 8/19/24 Informal Discovery Conference\n Civil No. 23-CV-79\n_________________________________________________________________________________________________________\n\n\n\n Thank you, Judge Hambrick.\n\n Very truly yours,\n\n\n Patrick J. Murphy\n\n\n cc via email:\n Khale Lenhardt, Esq.\n Marc Feinstein, Esq.\n Meggan Hathway, Esq.\n Marc Gottlieb, Esq.\n Sean Larson, Esq.\n Alex Inman, Esq.\n Paula Colbath, Esq.\n William Pao, Esq.\n David Forrest, Esq.\n David Iden, Esq.\n Scott Murray, Esq.\n\n\n\n\n Page 23\n\fCase 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 6 of 14\n\n\n\n\n EXHIBIT 1\n\f Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 7 of 14\n\n\n\n A. I \u2018atrick J Mu rph v\n I \u2018hvsical: 159 N Wolcot St Suite -*00\n ( asper. \\\\\u2018Y 82il11\nWIlLIAMS. PORTER. DAY ~ NEVILI I- flC.\n Wyoming; Law Frrrn Mailing: P0 Box 1000\n CaspLi. \\fl 82&02\n pmurphwaiwpdn net\n\n\n August 13, 2024\n\n VIA E-MAIL ONLY\n\n Paula Colbath Marc Gottlieb Marc Feinstein\n LOEB & L0EB LLP ORTOLI ROSENSTADT, LLP O\u2019MELVENY & MYERS\n 345 Park Avenue New 366 Madison Avenue, 3rd Floor 400 South Hope Street\n York. NY 10154 New York, NY 10017 Los Angeles, CA 90071-2899\n colbath loeb.coin nisg~2i~orllp.legaI mfeinstein a omm.corn\n\n\n\n Re: Conferring About Proposed Depositions in BCB v. MineOne et al\n\n Dear Paula, Marc and Marc:\n\n There has been prior correspondence about proposed depositions from both Paula and\n me but now we need to buckle down and actually talk about, and schedule, depositions. We all\n know what our local rules provide:\n\n Rule 30.1 Depositions\n\n (a) Reasonable Notice\n\n Unless otherwise ordered by the Court. \u201creasonable notice\u201d for the taking of\n depositions under Fed. R. Ci\u2019.. P. 30(b)(l) shall be not less than fourteen (14) days,\n as computed under Fed. R. Civ. 6. Before sending a notice to take a deposition,\n counsel or the unrepresented party seeking the deposition shall make a good faith\n effort to schedule it in a convenient and cost-effective manner.\n\n All of us want to honor these local rules. Thus, I\u2019m hoping we could Zoom with each\n other this coming Friday. August 16. to \u201cmake a good faith effort to schedule depositions in a\n convenient and cost-effective manner.\u201d\n\n\n\n\n1~ 3~ r 265 (rOt) I : 3W 266 2306 u pdn.nei inloc v. pdn.net II ~ LAW CLM\n\f Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 8 of 14\n\n\n Patrick Murphy\u2019s Conferral Letter re: Depositions\n Tuesday, August 13, 2024\n - Page2of2\nWit U~MS, f(ikl I ft. O~fl & NI VItLI. ft\n law tn.\n\n\n\n\n One way that all of us can do depositions in a convenient and cost-effective manner is to\n do attend them by Zoom. I agree to do this.\n\n BCB and I have narrowed the depositions we feel we need to take before our September\n 17 discovery cutoff. Here is our narrowed list of the persons BCB wants to depose, all by Zoom.\n Also included are my suggested dates (which account for Paul\u2019s considerations and vacations dates\n in her July 11th letter). These dates are subject to conferring with all of you.\n\n \u2022 Chong Wang, MBA (MineOne, Bit Origin) August 23, 2024\n \u2022 Jiaming Li PhD (MineOne, Terra Crypto, Bit Origin) September 3, 2024\n \u2022 Erick Rengifo, PhD (MineOne, Terra Crypto, Bit Origin) September 10, 2024\n \u2022 Huaili Zhang (MineOne, Bit Origin) September 13, 2024\n \u2022 Xiaping Cao, PhD (Bit Origin) September 13, 2024\n\n \u2022 Ran Chang (Bitmain) August 27, 2024\n \u2022 Micree Zhan (Bitmain) August 28, 2024\n \u2022 Zhou Feng (Bitmain) August 29, 2024\n \u2022 Rule 30(b)(6) witness of Bitmain Georgia, September 5, 2024 (topics for examination to\n be provided).\n \u2022 John Kenyon Hayward (Bitmain\u2019s Expert Witness) September 11, 2024\n \u2022 Shen \u201cNeil\u201d Nanpeng (HongShan, Formerly Sequoia China, Bitmain investor) September\n 12, 2024\n \u2022 Nuolin Lin (Bitmain) September 13. 2024\n\n Would each of you kindly examine your own schedules, your clients\u2019 schedules, and then write\n to all of us with your suggestions? Then, after we see what each other has written. I would like to\n shoot for a conferral call with the three of you as early as this Friday. August 16.\n\n Thank you, Paula, Marc and Marc.\n\n Very truly yours,\n\n\n\n\n All Counsel (via e-mail only)\n\n\n\n \u20181\u2019: 3(1\u2019 265 (1\u2019O() I : 30\u2019-266\u201423t)6 v~ pdn.nei mis a \\\\ pdn.ne 11 ~ LAW CLM\n\f Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 9 of 14\n\n\n\n\n PAULA K. COLBATh\n Partner\n\n 345 Park Avenue Direct 212407.4905\n LOEB& NewYork NY 10154 MaIn 212.407.4000\n Fax 212.407.4990\n LOE6LLP pcolbath@loeb corn\n\n\n\n via email (pmurphy@wpdn.net)\n\nAugust 16, 2024\n\nPatrick Murphy, Esq.\nWilliams, Porter, Day and Neville, P.C.\n159 N Wolcott St., Suite 400\nCasper, WY 82601\nRe: BCB v MineOne eta!. \u2014 Deposition Scheduling\nDear Patrick:\nWe write in response to your August 13, 2024 letter, and in furtherance of my July 11, 2024 letter,\nand object to your proposed deposition schedule for the following reasons.\nFirst, as we have repeatedly told you, the MineOne Defendants do not control Chong Wang and\nWiley Zhang, nor are they officers, directors, employees or members of any of the Mineone\nDefendants. We cannot and will not agree to deposition dates on Mr. Wang and Mr. Zhang\u2019s\nbehalf.\nSecond, as detailed in my July 11, 2024 letter, lam on vacation the week of August 26th, returning\nto the office on Wednesday, September 4th, 2024. The Mineone Defendants therefore object to\nyour attempt to schedule depositions of Bitmain representatives Ran Chang, Micree Zhan, and\nZhou Feng on August 27-29, 2024, despite your knowledge that I will not be able to attend on\nbehalf of my clients. These depositions will need to take place once I return from vacation.\nThird, as detailed in my prior correspondence, Mr. Li is physically located in China and cannot be\nthere to give testimony in any proceeding. His passport remains with the U.S. Embassy for official\nbusiness, so he is unable to travel. We will need to discuss special arrangements for Mr. Li\u2019s\ndeposition.1\nThe MineOne Defendants currently plan to depose the following individuals:\n\n 1. Michael Murphy\n 2. Emory Patterson\n 3. Neil Phippen\n 4. Rule 30(b)(6) witness of BCB Cheyenne LLC (matters for examination to be\nprovided)\n 5. Sean Murphy\n 6. Steven Randall\n\n1 We note that you referred to John Kenyon Hayward as Bitmain\u2019s expert. As you are aware, Mr. Hayward\nis also the Mineone Defendants\u2019 damages expert.\nLos Angeles New York Chicago Nashville Washington, DC San Francisco Beijing Hong Kong ~ loeb corn\nFor the United Stales offices, a limited liability pannership including professional corporatons For Hong Kong office a limited liability patlitership\n\f Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 10 of 14\n\n\n\n Patrick Murphy, Esq.\n August 15, 2024\n Page 2\n\n\n\n\n 7. Bryce Fincham\n 8. James Quid\n 9. Cheyenne Light, Fuel and Power Company/Black Hills Corporation corporate\nrepresentative(s)\n 10. CEGEN Green Energy Ltd. corporate representative(s)\n 11. Mark Aldrich\n 12. Shermco Industries, Inc. corporate representative(s)\n 13. Systems Mechanical Electrical Civil, LLC corporates representative(s)\n 14. Cheyenne LEADS corporate representative(s)\n 15. Representatives of Laramie County Planning and Development and Laramie\nCounty Department of Buildings\n 16. Patrick Gahan\n 17. CMV Global, LLC\n 18. Bayview Capital Investments, LLC\n 19. Leo Wolfson\n 20. Barney Patsel\n 21. Todd Edwards\n 22. Tyler Lindholm\n 23. Joey Darwell\n 24. Lee Filer\nYour proposed schedule does not leave adequate time before the close of discovery to complete\nthese depositions, and we will need to discuss an alternative schedule to permit all depositions to\nproceed. We defer to counsel for Defendants Bitmain Technologies Georgia Limited, Bit Origin\nLtd., and SonicHash LLC to provide their availability for a meet and confer, as we have previously\nrequested an all hands conference call, but there has been no positive response.\nThe MineOne Defendants reserve all rights and waive none.\nSincerely,\n\n\nP ula K. Co bath\nPartner\n\ncc: Sean Larson, Esq.\n Marc Gottlieb, Esq.\n Meggan Hathaway, Esq.\n Marc Feinstein, Esq.\n Khale Lenhart, Esq.\n\fCase 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 11 of 14\n\n\n\n\n EXHIBIT 4\n\f Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 12 of 14\n\n\n\n\n Patrickj. Murphy\n 159 N. \\Volcott Sr. Suite 400\nWIL.LJAMS, PORTER, DAY& NEVH. Casper, WY 82601\n Wyo~nings Law Firm\n\n\n Mailing: P0 Box 10700\n Casper, WY 82602\n pmurphv@wpdn.net\n\n July 18, 2024\n\n VIA E-MAIL ONLY\n\n Khale J. Lenhart\n HIRST APPLEGATE, LLP\n RO. Box 1083\n Cheyenne, WY 82003\n klenhart~hirstapplegate.com\n\n\n Re: BCB\u2019s Final Conferral on Bitmain Georgia\u2019s Objections to BCB\u2019s\n First Set of Requests for Production\n\n Dear Khale:\n\n While BCB and I have been tussling with MineOne and Paula Colbath for months,\n Bitmain Georgia has watched from the sidelines and never provided the written discovery\n it promised BCB. BCB needs all the production by July 23, 2024, especially with\n depositions of Bitmain representatives beginning next month. If I don\u2019t receive them by\n July 23, I will ask for an immediate conferral with Magistrate Judge Carman on Thursday\n or Friday, July 25 or 26.\n\n A. The History of Our BCBlBitmain Georgia\u2019s Deficient\n Production and our Conferrals.\n\n BCB served Bitmain with 28 Requests for Production on January 20, 2024.\n\n On February 21, 2024, I sent you my six-page February 21, 2024 conferral letter\n setting forth my concerns with Bitmain Georgia\u2019s deficient production. We then met\n telephonically with Bitmain Georgia\u2019s LA counsel on February 28. 2024 to discuss my\n\n\n\u20181: 30 265 0700 1: 307-266-2306 I wpdn.net I info~wpdn.net IJ ~ LAW CLM\n\f Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 13 of 14\n\n\n Patrick J, Murphy\u2019s Letter to K. Lenhart\n re: Bitmain Discovery\n - Thursday, July 18, 2024\n1111 \u2018~MS, PORTt R. I)A~ & NFVIL I I. rc.\n IIY.,.,..:~ Lj... F.,,\u2014\n\n\n\n\n required MineOne to do so. We know MineOne communicated with Bitmain Georgia before\n\n MineOne effectively removed BCB. As just one example, in Haku Du\u2019s 2/20 23 email to BCB\u2019s\n\n Michael Murphy, there are six (6) different Bitmain representatives listed. 8CR has significant\n\n proof well beyond this email that MineOne and Bitmain extensively communicated during\n\n the existence of the BCB DHS AGREEMENT, but MineOne and Bitmain will not produce those\n\n relevant communications.\n\n For clarity\u2019s sake, with respect to 8CR Request for Production No. I, please be sure\n\n Bitmain Georgia produces each and every document, contract, e-mail, or other communication\n\n (including text messages, WeChat, WhatsApp, Discord, Telegram, or any other mobile or social\n\n messaging application), between and among Bitmain representatives (i.e., Ran Cheng, Micree\n\n Zhan, \u201cEasen\u201d, \u201cJason\u201d, Yiliang Guo, Zhou Feng, and Nuolin Lin) with Defendant MineOne\n\n representatives (i.e., Chong Wang, Jiaming Li, Erick Rengifo, Huaili Zhang, Cho Zhu, Ziyao\n\n Shao, Henry Li, and Haku Du ) from October 1,2022 through May 3, 2023. And with respect to\n\n BCB Request for Production No. 9, please be sure Bitmain Georgia produces: each and every\n\n document, contract, e-mail, or other communication (including text messages, WeChat,\n\n WhatsApp, Discord, Telegram, or any other mobile or social messaging applications), by or\n\n between Ran Cheng, Micree Zhan, \u201cEasen\u201d, \u201cJason\u201d, Yiliang Guo, Zhou Feng, and Nuolin Lin\n\n involving the North Range project and or Plaintiff BCB and its representatives between October\n\n 1,2022 through May 3,2023.\n\n You know this Khale, but maybe Bitmain Georgia does not (yet) appreciate this. Bitmain\n\n Georgia will be legally liable for all of BCB\u2019s contract damages, but under a tort theory. Bitmain\n\n Georgia will receive no credit, or set-off, for whatever money BCB may settle for with the\n\n MineOne Defendants. Without Bitmain Georgia\u2019s wrongfully pushing on MineOne and\n\n directly exerting and imposing Bitmain\u2019s extraordinary influence, power, and resources in the\n\n 9\n\f Case 1:23-cv-00079-ABJ Document 384-5 Filed 10/07/24 Page 14 of 14\n\n\n Patrick J. Murphy\u2019s Letter to K. Lenhart\n re: Bitmain Discovers\u2019\n - Thursday, July 18, 2024\n\u2018IS I\u2019.MS. IvRrI R. IF~ & NF VII IF rc\n\n\n\n\n bitcoin mining industry to remove BCB, thus breaching MineOne\u2019s contract with BCB,\n\n MineOne would not have wrongfully removed BCB as the host and operator of North Range and\n\n Campstool and breached its DHS Agreement.\n\n Very truly yours,\n\n\n\n Patrick J. Murphy\n\f","ocr_status":2,"date_upload":"2025-01-17T10:13:45.704191-08:00","document_number":"384","attachment_number":5,"pacer_doc_id":"20702489484","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit E - 08-16-24 P. Murphy Ltr to Judge Hambrick Excerpts","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/415279053/","id":415279053,"tags":[],"absolute_url":"/docket/67320886/384/6/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-08T16:01:09.913040-07:00","date_modified":"2025-01-18T02:37:46.511374-08:00","sha1":"f95e20e76225f52663a1866924c2ddfcb64b6151","page_count":6,"file_size":164110,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.384.6.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.384.6.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:23-cv-00079-ABJ Document 384-6 Filed 10/07/24 Page 1 of 6\n\n\n\n\n EXHIBIT F\n\f Case 1:23-cv-00079-ABJ Document 384-6 Filed 10/07/24 Page 2 of 6\n Patrick JMurphy\n 159 N. Wolcott Suite 400 (82601)\n Casper\n WY 82602\nWILLIAMS, PORTER, DAY & pmurphy@\n NEVILLE I\\C. wpdn\n Wyoming's Law Firm August 22, 2024\n\n\n\n\n VIA E-MAIL ONLY\n\n Paula Colbath (pcolbath@loeb.com) Alex Iman (aimnan@loeb.com)\n Marc Gottlieb (msg@orllp.legal), William Pao (wpao@omm.com)\n\n\n Re: Deposition Scheduling, Conferral\n\n Dear Paula, Alex, Marc, Will and All Counsel:\n\n I write in follow-up to my July 15, 2024, July 23, 2024, July 26th, 2024, and August 14,\n2024 conferral letters regarding deposition scheduling and notices.\n\n We just got off our second conferral call with Judge Hambrick. And Judge Hambrick\nfeels that counsel should further confer about the proposed depositions and proposed deposition\ndates before Her Honor needs to get involved to resolve our differences.\n\n This letter is my effort to follow up on Judge Hambrick\u2019s guidance on the proposed\ndepositions, deposition dates, and my efforts to complete all depositions by the September 17\ndiscovery cutoff deadline.\n\n First and foremost: Let\u2019s have our hands-on conferral call tomorrow afternoon at\n1:00 pm Mountain to further discuss depositions and the deposition schedule. With Paula\nleaving on her vacation, the conferral Judge Hambrick referenced needs to be tomorrow. If 1:00\npm is poor for any of you, I am also willing to confer at 2:00 pm and 3:00 pm tomorrow\nafternoon, August 23, with all of you. Please commit to one of these times by reply email/letter\nthis afternoon. If you do not commit, I'll call you at 1:00 pm and proceed with written conferral to\nkeep us moving given Paula\u2019s vacation and the Sept 17 discovery cut off date ahead.\n\n Next, I see what the MineOne and Bit Origin Defendants are doing here. By not\nproviding BCB with any dates for Defendants\u2019 proposed depositions before our September 17\ndiscovery cutoff date, and not offering to schedule any depositions before our September 17\ndiscovery cutoff date, you are trying to build track for your future argument \u2013 to Judge Johnson \u2013\nthat Judge Johnson should extend the discovery cutoff date into early October. This is not right.\n\f Case 1:23-cv-00079-ABJ Document 384-6 Filed 10/07/24 Page 3 of 6\n\n\n I have offered the Defendants specific dates in my previous four (4) letter and e-mail\nconferrals for the depositions BCB wants to take. Now, as things stand after everyone provided\ntheir availability, I want to take the Zoom depositions of Jiaming Li and Erick Rengifo on\nSeptember 5 \u2013 a day that all counsel are available. And I want to take the depositions of\nChong Wang and Huaili Zhang on either Wednesday, September 11 or Thursday,\nSeptember 12 (see Schedule 1 below). I shared this with Judge Hambrick and all of you today.\nBut you would not commit to it, other than to say Erick Rengifo can give his deposition on\nSeptember 12 and Jiaming Li could possibly give his deposition at some future date (after CFIUS\napproves North Range). And Judge Hambrick wasn\u2019t willing to order it at this time, as Her Honor\nwanted counsel to further confer about it before re-involving the Court.\n\n This email and tomorrow is that further conferral.\n\n Perhaps not surprisingly, given your apparent strategy, Defendants have not even\nsuggested a day or days when you want to depose BCB\u2019s Michael Murphy, Emory Patterson, Neil\nPhippen, and Sean Murphy. You haven\u2019t proposed a day since deposition scheduling conferrals\nbegan, and you did not today on the call today with Judge Hambrick. Why?\n\n To be very clear\u2014I have offered you days during the week of September 9 \u2013 13 that you\ncould depose them. To make these days available and stay ahead of the September 17 deadline, I\npurposely moved my family vacation. This was not easy or something I wanted to do. But I did it\nto free up these days so you can take the depositions before the Discovery cut off on September\n17.\n If Paula wants to depose Michael Murphy and Sean Murphy in person in Cheyenne that\nweek, I volunteered that she could do that \u2013 and that I would make them available then. We are\ntrying to get in touch with Neil Phippen to confirm his availability these days. The more you fail\nto schedule a deposition(s) on one of these days, the more it tells me your intent is to continue\nyour delay tactics to (1) try to move back the discovery deadline, and(2) impose as many financial\ncosts and burdens on my client as possible. If you wanted to meaningfully depose BCB\u2019s\nprincipals in good faith, why wouldn\u2019t you schedule those depositions September 9-12?\n\n By re-scheduling my family vacation in Colorado, I\u2019ve given you multiple and\nconsecutive extra days \u2013 before the discovery cutoff date \u2013 to depose BCB\u2019s principals. But you\ndid not accept my invitation on our call with Judge Hambrick.. It sure seems you purposely did\nnot accept my invitation to create track for your future argument, to Judge Johnson, that \u2018gosh, we\nhaven\u2019t been able to set any depositions before the September 17 discovery cutoff date, so Your\nHonor should extend the September 17 discovery cutoff into early October so we can schedule\nand complete these depositions.\u2019\n\n Dating back to early July, I have been offering actual dates for BCB\u2019s depositions of\n Jiaming Li, Erick Rengifo, Huaili Zhang, and Chong Wang (Defendants\u2019 principals, beneficial\n owners, and key men). And after all the back and forth, we\u2019ve come to September 5 and 11/12.\n That is just two days and four depositions for a total of 8-12 hours of deposition time.\n\f Case 1:23-cv-00079-ABJ Document 384-6 Filed 10/07/24 Page 4 of 6\n Paula and Mark\u2019s response? You don\u2019t control Huaili Zhang and Chong Wang and\n can\u2019t/won\u2019t produce them. [I know differently. Your clients do control them. And I offered to\n provide Judge Hambrick with that evidence]. And Paula refuses to produce Erick Rengifo on\n September 5 \u2013 a day all of us are available. And Paula says Jiaming Li can\u2019t give his deposition\n until he receives his passport back from US Customs, hopefully on/after September 17. But\n Ms. Colbath never says if this is a US passport and/or Chinese passport, and whether one or\n both passports were confiscated. It is likely Jiaming Li still has at least one passport and can\n travel to provide his deposition. Furthermore, Ms. Colbath has yet to identify a single specific\n Chinese law that would preclude Jiaming Li from providing his deposition while in China. She\n has further failed to provide any rationale why the Wyoming District Court should follow or\n concern itself with said unidentified Chinese law.\n\n The three key Chinese foreign nationals in this case - Chong Wang, Huaili Zhang, and\n Jiaming Li - who directed and/or conducted MineOne\u2019s breach of contract and/or Bit Origin\u2019s\n tortious interference, are likely hiding in China and using their presence in China as an excuse\n to dodge depositions. This is so plain to see. Ms. Colbath knows that any deposition of these\n three key individuals would further reveal the extent to which they were responsible for the\n harm and damages incurred by BCB. It seems, to me, Defendants are using every play in the\n book to avoid producing the key Chinese foreign nationals for their deposition.\n\n I know you know this \u2013 because we\u2019ve talked about it \u2013 but I want to be clear. BCB\n opposes any extension of the September 17 discovery cutoff date. And the Defendants cannot\n show good cause to further extend the discovery cutoff date. [Judge Johnson earlier extended\n the discovery cutoff date from August 7 to September 17]. But now the MineOne Bit Origin\n Defendants want another extension \u2013 another extension to take an unreasonable amount of\n depositions, depositions they refused to take, and refuse to schedule, before the September 17\n discovery cutoff date. This is not right.\n\n Defendant Bitmain Georgia supports Plaintiff\u2019s position that there be no further discovery\ncutoff date. I\u2019ll tell you why I oppose moving the September 17 discovery cutoff date.\n\n First, all of you have known about this September 17 discovery cutoff date since April.\nYet the only deposition Defendants have taken in the interim is Tim Desrochers\u2019 jurisdictional\ndeposition in late April. Defendants haven\u2019t taken any depositions since then. Except for Erick\nRengifo, the Defendants have not offered any dates for proposed depositions (i.e., for any of the\nkey Chinese nationals involved in this lawsuit).\n\n Even now, on August 22, the MineOne Defendants and Bit Origin haven\u2019t offered any\ndate for any deposition. BCB should not now be burdened with the expense and time loss, after\nSeptember 17, of having to defend depositions the Defendants should have taken months ago.\nThat unfairly prejudices BCB and its counsel\u2019s ability to prepare for trial. And it subjects BCB to\nan incredible amount of expense, after September 17, it would not have to bear if Defendants\u2019\ncounsel would complete their needed depositions before the September 17 discovery cutoff.\n\f Case 1:23-cv-00079-ABJ Document 384-6 Filed 10/07/24 Page 5 of 6\n\n\n\n And all the while, there are dates available \u2013 dates that all counsel all available \u2013 for you\nto schedule depositions (i.e., Sept 9-12). Simply stated, you should have done your needed\ndiscovery in the time allowed. You chose not to do that. BCB should not have to suffer from\nyour choices.\n\n Second, the parties\u2019 dispositive motions and briefs must be filed by October 4. [All of us agreed\nto this deadline, and Judge Johnson set it]. I need the deposition transcripts in advance of our\nOctober 4 dispositive motion filing deadline to incorporate the deposition testimony into the\nbriefing. I need those deposition transcripts at least ten days before our briefs are due.\n\n The dispositive motion reply briefs are due October 18. All other pretrial motions \u2013 and\nbriefing \u2013 are due October 18. Dispositive motion reply briefs are due October 25. All other\nbriefing is due November 1. These dates and deadlines give Judge Johnson only a very limited\ntime \u2013 November and December, holiday months \u2013 to consider and rule on these motions before\nour late January trial. It is not fair to Judge Johnson \u2013 or to BCB \u2013 to \u2018push back\u2019 those briefing\ndates to where Judge Johnson has less time to consider all these briefs/motions before the January\ntrial date. I will not agree to pushing back our briefing deadlines \u2013 deadlines all of us earlier\nagreed upon in April.\n\n And I will never agree to push back the trial date. Even Marc Gotlieb agrees we should\nnot push back the trial date.\n\n Moreover, relying on this September 17 discovery cut-off date we all agreed to back in\nApril, I rescheduled my family vacation for and have scheduled many other legal activities,\ndeadlines and commitments in the four weeks after September 17. I have three other case\nmediations. I have multiple depositions in other cases. I have expert designations \u2013 and discovery\ncutoff dates \u2013 in September and early October.\n\n Consider: I\u2019ve told you my availability and you have more than 13 days the next three\nweeks you can schedule depositions. But you haven\u2019t given me any dates with individuals you\nwish to depose on those available dates.\n\n I look forward to further conferring with you tomorrow afternoon about dates to complete\nall of our \u201cneeded\u201d depositions by the September 17 cut-off.\n\n\n Best regards,\n\n\n\n\n Counsel for Plaintiff BCB\n\fCase 1:23-cv-00079-ABJ Document 384-6 Filed 10/07/24 Page 6 of 6\n\n\n\n\n SCHEDULE 1\n\n\n Deposition Zoom Scheduling\n\n\n \u2022 Jiaming Li, PhD (MineOne, Terra Crypto, Bit Origin) and Erick Rengifo\n (MineOne, Terra Crypto, Bit Origin) September 5, 2024 via Zoom\n\n \u2022 Chong Wang, MBA (MineOne, Bit Origin) and Huaili Zhang (MineOne, Bit\n Origin) September 11 or 12, 2024 via Zoom\n\n \u2022 Ran Chang and Micree Zhan (Bitmain) dates to follow upon BCB deposition\n scheduling.\n\f","ocr_status":2,"date_upload":"2025-01-17T10:13:46.202906-08:00","document_number":"384","attachment_number":6,"pacer_doc_id":"20702489485","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit F - 08-22-24 P. Murphy Ltr re Deposition Scheduling Conferral","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/415279054/","id":415279054,"tags":[],"absolute_url":"/docket/67320886/384/7/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-08T16:01:09.944966-07:00","date_modified":"2025-01-18T02:39:04.285056-08:00","sha1":"2b310604ff42f5753b95ed45be2618c3a22dc32a","page_count":48,"file_size":567137,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.384.7.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.384.7.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 1 of 48\n\n\n\n\n EXHIBIT G\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 2 of 48\n\n\n\n\nPatrick J. Murphy, WSB No. 5-1779\nScott C. Murray, WSB No. 7-4896\nWILLIAMS, PORTER, DAY & NEVILLE, P.C.\n159 N. Wolcott, Ste. 400\nP.O. Box 10700 (82602)\nCasper, WY 82601\nEmail: pmurphy@wpdn.net\n smurray@wpdn.net\n\nAttorneys for Plaintiff BCB Cheyenne LLC\nd/b/a Bison Blockchain\n\n IN THE UNITED STATES DISTRICT COURT\n FOR DISTRICT OF WYOMING\n\nBCB CHEYENNE LLC d/b/a BISON )\nBLOCKCHAIN, a Wyoming limited liability )\ncompany, )\n Plaintiff, )\nv. )\n )\nMINEONE WYOMING DATA CENTER )\nLLC, a Delaware limited liability company; )\nMINEONE PARTNERS LLC, a Delaware )\nlimited liability company; TERRA CRYPTO, )\n Civil Action No. 23-CV-79-ABJ\nINC., a Delaware corporation; BIT ORIGIN, )\nLTD, a Cayman Island Company; )\nSONICHASH LLC, a Delaware limited )\nliability company; BITMAIN )\nTECHNOLOGIES HOLDING COMPANY, )\na Cayman Island Company; BITMAIN )\nTECHNOLOGIES GEORGIA LIMITED, a )\nGeorgia corporation; and JOHN DOES 1-18, )\nrelated persons and companies who control )\nor direct some or all of the named )\nDefendants. )\n )\n Defendants. )\n\n BCB CHEYENNE LLC d/b/a BISON BLOCKCHAIN\u2019S FOURTH SUPPLEMENTAL\n RULE 26 DISCOVERY DISCLOSURES\n\n\n COMES NOW Plaintiff BCB Cheyenne LLC d/b/a Bison Blockchain (\u201cBCB\u201d), through\n\nits counsel, Patrick J. Murphy and Scott C. Murray of WILLIAMS, PORTER, DAY & NEVILLE, PC,\n\n\n\n\n 1\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 3 of 48\n\n\n\n\nand pursuant to Fed. R. Civ. P. 26(a)(1)(A), hereby provides the following second supplemental\n\ndisclosures:\n\n PLAINTIFF'S DISCLAIMER: The following second supplemental disclosures are\n\nprovided in compliance with Fed. R. Civ. P. 26(a)(1)(A). Compliance with the rule requires the\n\ndisclosure of individuals likely to have discoverable information that BCB may use to support its\n\nclaims or defenses, and the disclosure of documents that BCB may use to support its claims or\n\ndefenses. While BCB has, in its investigation, discovered the names of witnesses and documents\n\nset forth below, it is not listing them as witnesses or exhibits to be introduced at the trial of this\n\nmatter. Rather, BCB is simply complying with the requirements of Rule 26(a)(1)(A) in a good\n\nfaith disclosure of potential witnesses and exhibits. BCB reserves the right to contest the relevancy\n\nand admissibility of the disclosed individuals and documents, if necessary, based upon further\n\ndiscovery in this case.\n\n (i). The name and, if known, the address and telephone number of each individual\nlikely to have discoverable information \u2013 along with the subjects of that information \u2013 that\nthe disclosing party may use to support its claims or defenses, unless the use would be solely\nfor impeachment.\n\n BCB identifies the following persons with relevant knowledge of the facts and\n\ncircumstances of the events which are the subject of this lawsuit.\n\n1. Michael D. Murphy, CPA\n MEMBER, BCB CHEYENNE LLC\n c/o Patrick J. Murphy and Scott C. Murray\n 159 N Wolcott St # 400\n Casper, WY 82601\n PH: 307-265-0700\n\nMichael Murphy has knowledge of all the salient liability and damages issues in this case. He has\n\nknowledge of all of the factual allegations in Plaintiff\u2019s First Amended Complaint, Plaintiff\u2019s\n\nAnswer to Defendants\u2019 First, Second and Third Counter-Claims, and he understands and primarily\n\n\n\n\n 2\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 4 of 48\n\n\n\n\nauthored the Plaintiff\u2019s damages analysis and computation below. Michael Murphy has extensive\n\nknowledge of power pricing for Bitcoin mining and the negotiations with Black Hills Energy\n\nincluding the Request for Proposal (\u201cRFP\u201d) and BCIS Agreement. Mr. Murphy has extensive\n\nknowledge of negotiations with MineOne Wyoming Data Center LLC (\u201cMineOne Wyoming\u201d)\n\nand Terra Crypto Inc. (\u201cTerra\u201d), leading to the written agreements/contracts between BCB and\n\neach of those individual entities. Mr. Murphy also has knowledge involving the following:\n\n \u25cf The events surrounding and involving MineOne Wyoming and Terra breaching their\n\n respective agreements with BCB.\n\n \u25cf MineOne Wyoming and Terra being alter egos of one another and of Bit Origin LTD\n\n (\u201cBit Origin\u201d), MineOne Partners LLC (\u201cMineOne Partners\u201d), and SonicHash LLC\n\n (\u201cSonicHash\u201d).\n\n \u25cf BCB\u2019s contractual performance for both MineOne Wyoming and Terra:\n\n \u25cb Supporting and managing the land acquisition for the Facilities by MineOne\n\n Wyoming (including all local Wyoming legal and other required support)\n\n \u25cb Obtaining all permits and licenses, including construction permits for buildings and\n\n the Facilities\u2019 electric infrastructure, environmental licenses and permits,\n\n operations permits and licenses (including legal and other) required or\n\n recommended to comply with applicable law and regulation.\n\n \u25cb Supporting and managing the execution of the power purchase arrangements by\n\n MineOne Wyoming.\n\n \u25cb All other reasonable related activities within its control to enable MineOne\n\n Wyoming and other users of the Facilities to conduct digital currency mining\n\n\n\n\n 3\n\fCase 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 5 of 48\n\n\n\n\n activities in a proper and timely manner to ensure that CFCO occurs not later than\n\n 31 October 2022.\n\n \u25cb Ensuring that all improvements are developed in accordance with the approved\n\n construction and engineering documents and all employees, contractors, or\n\n Subcontractors (if any) (as provided for below) carry standard general liability and\n\n workman\u2019s compensation insurance.\n\n \u25cb Project management and services to support MineOne Wyoming responsibilities as\n\n specified in the Budget as and when the same fall due.\n\n \u25cf The contractual obligations and responsibilities of Defendants\u2019 contractors, and\n\n Defendants\u2019 contractors\u2019 failures to perform their contractual obligations and\n\n responsibilities to Defendants, all of which led to delays in the project timeline,\n\n including but not limited to:\n\n \u25cb The multiple failures of CEGEN Green Energy Ltd (\u201cCEGEN\u201d) not timely\n\n completing the modular data centers it was contracted to provide, not staying within\n\n the agreed-to budget, and not paying its subcontractors;\n\n \u25cb Shermco Industries, Inc (\u201cShermco\u201d) not timely completing site electrical work,\n\n not fulfilling its construction management obligations, and several engineering\n\n errors;\n\n \u25cb Cheyenne Light, Fuel and Power Company (\u201cCLFP\u201d), a subsidiary of Black Hills\n\n Corporation, not completing its facilities to provide all the electric power to the\n\n North Range site on the contractually agreed-to timeline.\n\n \u25cf The events and facts involving Defendants\u2019 circumvention and interference in\n\n Plaintiff\u2019s obligations, including but not limited to, redirecting labor resources and\n\n\n\n\n 4\n\fCase 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 6 of 48\n\n\n\n\n established scopes of work; interrupting regular and planned subcontractor and vendor\n\n meetings; changing of approved and/or industry standard means and methods of\n\n construction; receipt, handling, storage, and security of miners for the facility; hiring\n\n of labor and other resources for racking and stacking miners in data centers; network\n\n configuration and design; and overall commencement of mining operations.\n\n \u25cf Other entities, factors, and events that occurred outside of Plaintiff's control which led\n\n to delays of the project timeline, including but not limited to:\n\n \u25cb The oversight and failure of Laramie County Planning and Development (\u201cLCPD\u201d)\n\n and Laramie County Department of Buildings (\u201cLCDOB\u201d) to recognize and engage\n\n with the Cheyenne Board of Public Utilities (\u201cBOPU\u201d) relating to an existing\n\n waterline on the North Range property that was properly reflected on the relevant\n\n engineering permit documents during the permitting process that cause project\n\n delays to site improvements, data center construction, and overall delivery of the\n\n project.\n\n \u25cb Weather Delays and inclement weather that resulted in delays and other\n\n interruptions in progress due to causing dangerous working conditions, including\n\n but not limited to, extreme cold, extreme wind, and/or other extreme weather\n\n conditions experienced during construction that posed life safety and other health\n\n hazards.\n\n \u25cb Defendants' Funding and Liquidity\n\n \u25cf The events and facts involving Bitmain\u2019s contractual interference and Defendants\u2019\n\n actions to remove BCB from the North Range and Campstool bitcoin mining\n\n sites/projects.\n\n\n\n\n 5\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 7 of 48\n\n\n\n\n2. Emory Patterson, IV\n MEMBER, BCB CHEYENNE LLC\n c/o Patrick J. Murphy and Scott C. Murray\n 159 N Wolcott St # 400\n Casper, WY 82601\n PH: 307-265-0700\n\nEmory Patterson has knowledge of many factual allegations in Plaintiff\u2019s First Amended\n\nComplaint, Plaintiff\u2019s Answer to Defendants\u2019 First, Second and Third Counter-Claims, and he\n\nunderstands the contractual roles and obligations of agreements between Plaintiff and Defendants,\n\nand between Defendants and their contractors and/or vendors (CEGEN, Shermco, Systems-MEC,\n\nCCO Interiors, INMAN ROOFING, Rocky Mountain Sand & Gravel, Alco Fencing, Greeley Lock\n\n& Key, Iron Creek Construction, Petro-Pier, Terracon Consultants, Automation Electronics, Steil\n\nSurveying, LOVAS Engineering, and Wyott Capital Group). Emory Patterson has knowledge of\n\nthe negotiations with Black Hills Energy. Mr. Patterson has knowledge of negotiations with\n\nMineOne Wyoming and Terra, leading to the written agreements/contracts between BCB and each\n\nof those individual entities. Emory Patterson also has knowledge involving the following:\n\n \u25cf The events and facts involving MineOne Wyoming and Terra breaching their\n\n respective agreements with BCB.\n\n \u25cf MineOne Wyoming and Terra being alter egos of one another and of Bit Origin,\n\n MineOne Partners, and SonicHash.\n\n \u25cf BCB\u2019s contractual performance for both MineOne Wyoming and Terra:\n\n \u25cb Supporting and managing the land acquisition for the Facilities by MineOne\n\n Wyoming (including all local Wyoming legal and other required support)\n\n \u25cb Obtaining all permits and licenses, including construction permits for buildings and\n\n the Facilities\u2019 electric infrastructure, environmental licenses and permits,\n\n\n\n\n 6\n\fCase 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 8 of 48\n\n\n\n\n operations permits and licenses (including legal and other) required or\n\n recommended to comply with applicable law and regulation.\n\n \u25cb Supporting and managing the execution of the power purchase arrangements by\n\n MineOne Wyoming.\n\n \u25cb All other reasonable related activities within its control to enable MineOne\n\n Wyoming and other users of the Facilities to conduct digital currency mining\n\n activities in a proper and timely manner to ensure that CFCO occurs not later than\n\n 31 October 2022.\n\n \u25cb Ensuring that all improvements are developed in accordance with the approved\n\n construction and engineering documents and all employees, contractors, or\n\n Subcontractors (if any) (as provided for below) carry standard general liability and\n\n workman\u2019s compensation insurance.\n\n \u25cb Project management and services to support MineOne Wyoming responsibilities as\n\n specified in the Budget as and when the same fall due.\n\n \u25cf The events and facts involving Defendants\u2019 circumvention and interference in\n\n Plaintiff\u2019s obligations, including but not limited to, redirecting labor resources and\n\n established scopes of work; interrupting regular and planned subcontractor and vendor\n\n meetings; changing of approved and/or industry standard means and methods of\n\n construction; receipt, handling, storage, and security of miners for the facility; hiring\n\n of labor and other resources for racking and stacking miners in data centers; network\n\n configuration and design; and overall commencement of mining operations.\n\n \u25cf The contractual obligations and responsibilities of Defendants\u2019 contractors, and\n\n Defendants\u2019 contractors\u2019 failures to perform their contractual obligations and\n\n\n\n\n 7\n\fCase 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 9 of 48\n\n\n\n\n responsibilities to Defendants, all of which led to delays in the project timeline,\n\n including but not limited to:\n\n \u25cb The multiple failures of CEGEN not timely completing the modular data centers it\n\n was contracted to provide, not staying within the agreed-to budget, and not paying\n\n its subcontractors;\n\n \u25cb Shermco not timely completing site electrical work, not fulfilling its construction\n\n management obligations, and several engineering errors; and\n\n \u25cb CLFP not completing its facilities (due to supply chain issues) to provide all the\n\n electric power to the North Range site on the contractually agreed-to timeline.\n\n \u25cf Other entities, factors, and events that occurred outside of Plaintiff's control which led\n\n to delays of the project timeline, including but not limited to:\n\n \u25cb The oversight and failure of Laramie County Planning and Development (\u201cLCPD\u201d)\n\n and Laramie County Department of Buildings (\u201cLCDOB\u201d) to recognize and engage\n\n with the Cheyenne Board of Public Utilities (\u201cBOPU\u201d) relating to an existing\n\n waterline on the North Range property that was properly reflected on the relevant\n\n engineering permit documents during the permitting process that caused project\n\n delays to site improvements, data center construction, and overall delivery of the\n\n project.\n\n \u25cb Weather Delays and inclement weather that resulted in delays and other\n\n interruptions in progress due to causing dangerous working conditions, including\n\n but not limited to, extreme cold, extreme wind, and/or other extreme weather\n\n conditions experienced during construction that posed life safety and other health\n\n hazards.\n\n\n\n\n 8\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 10 of 48\n\n\n\n\n \u25cb Defendants' Funding and Liquidity\n\n \u25cf The events and facts involving Bitmain\u2019s contractual interference and Defendants\u2019\n\n actions to remove BCB from the North Range and Campstool bitcoin mining\n\n sites/projects.\n\n\n\n3. Neil Phippen\n MEMBER, BCB CHEYENNE LLC\n c/o Patrick J. Murphy and Scott C. Murray\n 159 N Wolcott St # 400\n Casper, WY 82601\n PH: 307-265-0700\n\nNeil Phippen has knowledge of factual allegations in Plaintiff\u2019s First Amended Complaint and\n\nPlaintiff\u2019s Answer to Defendants\u2019 First, Second and Third Counter-Claims. Neil Phippen has\n\nknowledge of the negotiations with Black Hills Energy. Neil Phippen has knowledge of\n\nnegotiations with MineOne Wyoming and Terra, leading to the written agreements/contracts\n\nbetween BCB and each of those individual entities. Neil Phippen also has knowledge involving\n\nthe following:\n\n \u25cf BCB\u2019s hiring plan and performance thereof, including an extensive executive search\n\n for an industrial Bitcoin mining site manager.\n\n \u25cf Interviews and hiring process of Steve Randall, BCB\u2019s experienced site manager.\n\n \u25cf BCB\u2019s local community job fair, outreach, and hiring plan for site technicians, junior\n\n technicians, and network technicians.\n\n \u25cf MineOne Wyoming and Terra being alter egos of one another and of Bit Origin,\n\n MineOne Partners, and SonicHash.\n\n\n\n\n 9\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 11 of 48\n\n\n\n\n4. Steve Randall\n FORMER SITE MANAGER, BCB CHEYENNE LLC\n c/o Patrick J. Murphy and Scott C. Murray\n 159 N Wolcott St # 400\n Casper, WY 82601\n PH: 307-265-0700\n\nSteve Randall is from Phoenix, Arizona and was Plaintiff's Site Manager. Steve Randall began\n\nworking for BCB Cheyenne LLC on October 17, 2022 in advance of and in anticipation of\n\ncommencement of Phase 2 Operations. Steve Randall has knowledge involving the following:\n\n \u25cf Applying, being hired, and working for Plaintiff as Site Manager\n\n \u25cf Interviewing and hiring Dennis Grant, a site Technician who worked under Mr.\n\n Randall.\n\n \u25cf Posting local job advertisements, reviewing applications, and interviewing individuals\n\n for various maintenance, technical repair, and network support roles.\n\n \u25cf All facets of industrial scale Bitcoin and/or digital asset or cryptocurrency mining,\n\n including but not limited to, site plans and layouts, heavy load industrial scale energy\n\n infrastructure and facilities, site security, site and miner maintenance, ASIC and GPU\n\n computer operations, troubleshooting, and repairs (including related tools, materials,\n\n and supplies), miner management software, networking for scaled and complex Bitcoin\n\n and/or digital asset or cryptocurrency mining operations, Bitcoin and/or digital assets\n\n or cryptocurrency pools, wallets and transactions, Bitcoin and/or digital asset or\n\n cryptocurrency storage and security, shipping, handling, and logistics for ASIC and\n\n GPU computers and site materials.\n\n \u25cf The events and facts involving Defendants' efforts to discredit Mr. Randall\u2019s skills,\n\n abilities, and experience as an industrial scale Site Manager when Huali Zhang and\n\n Cho Zhu first arrived at the North Range site through Defendants\u2019 breach of contract.\n\n\n\n 10\n\fCase 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 12 of 48\n\n\n\n\n \u25cf The events and facts involving Defendants\u2019 changing their attitudes and\n\n communication to Mr. Randall when Defendants realized Mr Randall was as\n\n experienced and qualified, if not vastly more experienced and qualified, as the\n\n Defendants to manage and operate a large scale and complex Bitcoin mine.\n\n \u25cf The events and facts involving Defendants\u2019 changes in attitude and communication to\n\n Mr. Randall when they learned of Mr. Randall\u2019s personal resources (BTC and ASIC\n\n computers).\n\n \u25cf Defendants inviting Mr. Randall to Defendants\u2019 rental properties in Cheyenne on three\n\n occasions to drink whiskey and eat dinner telling Mr. Randall they now trusted him,\n\n and that Mr. Randall now had their full confidence (but not anyone else on Plaintiff's\n\n team).\n\n \u25cf Following the third dinner, Defendants sending Mr. Randall the Investment\n\n Cooperation Opportunity Proposal and soliciting Mr. Randall to join Defendants, and\n\n leave Plaintiff.\n\n \u25cf The events and facts involving Defendants\u2019 personnel arriving unannounced to the site\n\n and conducting a site takeover, including a takeover of Mr. Randall\u2019s job and\n\n responsibilities as Site Manager.\n\n \u25cf Mr Randall seeing the takeover coming, and occurring, and informing Plaintiff about\n\n Defendants taking over his job and Defendants\u2019 intent to take total control of the site.\n\n \u25cf The events and facts involving Defendants\u2019 circumvention and interference in\n\n Plaintiff\u2019s obligations, including but not limited to: receipt, handling, storage, and\n\n security of miners for the facility; hiring of labor and other resources for racking and\n\n\n\n\n 11\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 13 of 48\n\n\n\n\n stacking miners in data centers; network configuration and design; and overall\n\n commencement of mining operations.\n\n \u25cf BCB\u2019s contractual performance for both Mine One Wyoming and Terra.\n\n \u25cf The contractual obligations and responsibilities of Defendants\u2019 contractors, and\n\n Defendants\u2019 contractors\u2019 failures to perform their contractual obligations and\n\n responsibilities to Defendants.\n\n \u25cf The events and facts involving Bitmain\u2019s contractual interference and Defendants\n\n actions to remove BCB from the North Range and Campstool bitcoin mining\n\n sites/projects.\n\n\n\n5. Sean Murphy\n SITE ADMINISTRATOR\n c/o Patrick J. Murphy and Scott C. Murray\n 159 N Wolcott St # 400\n Casper, WY 82601\n PH: 307-265-0700\n\nSean Murphy is from Cheyenne, WY and was hired to be the Site Administrator for BCB. Sean\n\nMurphy has knowledge of the factual allegations in Plaintiff\u2019s First Amended Complaint, and\n\nPlaintiff\u2019s Answer to Defendants\u2019 First and Second Counter-Claims. Sean Murphy has knowledge\n\nof the events and facts involving MineOne Wyoming and Terra breaching their respective\n\nagreements with BCB; how Defendants breached the DHS Agreement (by verbal statements, a\n\nproposed written amendment to the DHS Agreement, and by numerous actions). Sean Murphy has\n\nknowledge of MineOne Wyoming and Terra being alter egos of one another and of Bit Origin,\n\nMineOne Partners, and SonicHash. Mr. Murphy has knowledge how Plaintiff was introduced to\n\nErick Rengifo and deceived by him regarding the nationalities of Defendants. Mr Murphy has\n\nknowledge of contractor (CEGEN and Shermco, primarily) errors and failures, as well as other\n\n\n\n 12\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 14 of 48\n\n\n\n\nfactors including severe weather conditions at North Range that caused delays. Mr Murphy has\n\nknowledge how Plaintiff performed and went above and beyond its contractual obligations at the\n\nNorth Range site from January to March 2023 and how Defendants conspired and took actions\n\nwith Steve Randall, conspired and took actions to replace Plaintiff as the operator of the sites, and\n\nconspired and took actions to remove Plaintiff from the Phase 2 payouts, bonuses, and expansions.\n\nSean Murphy has knowledge of events and facts involving Bitmain\u2019s contractual interference and\n\nDefendants\u2019 actions to remove BCB from the North Range and Campstool bitcoin mining\n\nsites/projects.\n\n\n\n6. Erick Rengifo, PhD\n c/o Sean Larson and HATHAWAY & KUNZ, LLP\n P. O. Box 1208\n Cheyenne, WY 82003-1208\n (307) 634-7723\n\nDr. Erick Rengifo is a representative of Terra, a former representative of Bit Origin, and upon\n\ninformation and belief, a representative of one or more of the other Defendants and/or related\n\nentities. Erick Rengifo has knowledge of many factual allegations in Plaintiff\u2019s First Amended\n\nComplaint and Plaintiff\u2019s Answer to Defendants\u2019 First and Second Counter-Claims. He has\n\nknowledge of negotiations between BCB and Wyoming MineOne and Terra, leading to the written\n\nagreements/contracts with those entities. Erick Rengifo also has knowledge involving, but not\n\nlimited to, the following:\n\n \u25cf The events and facts involving MineOne Wyoming and Terra breaching their\n\n agreements with BCB.\n\n \u25cf MineOne Wyoming and Terra being alter egos of one another and of Bit Origin,\n\n MineOne Partners, and SonicHash.\n\n\n\n\n 13\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 15 of 48\n\n\n\n\n \u25cf BCB\u2019s contractual performance for both MineOne Wyoming and Terra.\n\n \u25cf The contractual obligations and responsibilities of Defendants\u2019 contractors, and\n\n Defendants\u2019 contractors\u2019 failures to perform their contractual obligations and\n\n responsibilities to Defendants.\n\n \u25cf Entities, factors, and events that occurred outside of Plaintiff's control.\n\n\n\n7. Jiaming Li, PhD\n c/o Sean Larson and HATHAWAY & KUNZ, LLP\n P. O. Box 1208\n Cheyenne, WY 82003-1208\n (307) 634-7723\n\nDr. Jiaming Li is a representative of Defendants MineOne Wyoming, MineOne Partners, Bit\n\nOrigin, and Sonic Hash. Upon information and belief, Jiaming Li is also a representative of\n\nMineOne Data Center, LLC, MineOne Cloud Computing Investment I L.P., MineOne Partner\n\nLimited, and upon information and belief, other involved entities. Jiaming Li has knowledge of\n\nmany factual allegations in Plaintiff\u2019s First Amended Complaint, and Plaintiff\u2019s Answer to\n\nDefendants\u2019 First and Second Counter-Claims. He has knowledge of negotiations between BCB\n\nand MineOne Wyoming and Terra, leading to the written agreements/contracts with those entities.\n\nJiaming Li also has knowledge involving, but not limited to, the following:\n\n \u25cf The events and facts involving MineOne Wyoming and Terra breaching their\n\n agreements with BCB.\n\n \u25cf MineOne Wyoming and Terra being alter egos of one another and of Bit Origin,\n\n MineOne Partners, and SonicHash.\n\n \u25cf BCB\u2019s contractual performance for both MineOne Wyoming and Terra.\n\n\n\n\n 14\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 16 of 48\n\n\n\n\n \u25cf The contractual obligations and responsibilities of Defendants\u2019 contractors, and\n\n Defendants\u2019 contractors\u2019 failures to perform their contractual obligations and\n\n responsibilities to Defendants.\n\n \u25cf Entities, factors, and events that occurred outside of Plaintiff's control.\n\n\n\n8. Huaili \u201cWiley\u201d Zhang\n c/o Sean Larson and HATHAWAY & KUNZ, LLP\n P. O. Box 1208\n Cheyenne, WY 82003-1208\n (307) 634-7723\n\nHuaili \u201cWiley\u201d Zhang is a representative of Defendants MineOne Wyoming, Bit Origin and\n\nSonicHash, and upon information and belief, one or more other Defendants, and other related\n\nentities. Huali has knowledge of factual allegations in Plaintiff\u2019s First Amended Complaint, and\n\nPlaintiff\u2019s Answer to Defendants\u2019 First and Second Counter-Claims. He has knowledge of\n\nnegotiations between BCB and MineOne Wyoming and Terra, leading to the written\n\nagreements/contracts with those entities. Huali also has knowledge involving MineOne Wyoming\n\nand Terra breaching their respective agreements with BCB. He also has extensive knowledge of\n\nMineOne Wyoming and Terra being alter egos of Bit Origin and SonicHash.\n\n\n\n9. Chong \u201cLucas\u201d Wang\n c/o Sean Larson and HATHAWAY & KUNZ, LLP\n P. O. Box 1208\n Cheyenne, WY 82003-1208\n (307) 634-7723\n\nLucas Wang is a representative of Defendants Bit Origin and SonicHash, and upon information\n\nand belief, one or more other Defendants, and other related entities. Lucas Wang has knowledge\n\nof factual allegations in Plaintiff\u2019s First Amended Complaint, and Plaintiff\u2019s Answer to\n\n\n\n\n 15\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 17 of 48\n\n\n\n\nDefendants\u2019 First and Second Counter-Claims. He has knowledge of negotiations between BCB\n\nand MineOne Wyoming and Terra, leading to the written agreements/contracts with those entities.\n\nLucas Wang also has knowledge involving MineOne Wyoming and Terra breaching their\n\nagreements with BCB as part of the anticipatory repudiation of the contract to remove BCB from\n\nPhase 2 of the North Range and Campstool projects and financial payouts while working with\n\nand/or directing Jiaming Li and Huali Zhang. He also has extensive knowledge of MineOne\n\nWyoming and Terra being alter egos of Bit Origin and SonicHash.\n\n\n\n10. Ziyao Shao\n c/o Sean Larson and HATHAWAY & KUNZ, LLP\n P. O. Box 1208\n Cheyenne, WY 82003-1208\n (307) 634-7723\n\nZiyao Shao is a representative of Defendants MineOne Wyoming, MineOne Partners, Bit Origin,\n\nand SonicHash. Ziyao Shao has knowledge of many factual allegations in Plaintiff\u2019s First\n\nAmended Complaint and Plaintiff\u2019s Answer to Defendants\u2019 First and Second Counter-Claims.\n\nZiyao Shao also has knowledge involving, but not limited to, the following:\n\n \u25cf The events and facts involving MineOne Wyoming and Terra breaching their\n\n agreements with BCB.\n\n \u25cf MineOne Wyoming and Terra being alter egos of one another and of Bit Origin,\n\n MineOne Partners, and SonicHash.\n\n \u25cf BCB\u2019s contractual performance for both MineOne Wyoming and Terra.\n\n \u25cf The contractual obligations and responsibilities of Defendants\u2019 contractors, and\n\n Defendants\u2019 contractors\u2019 failures to perform their contractual obligations and\n\n responsibilities to Defendants.\n\n\n\n\n 16\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 18 of 48\n\n\n\n\n \u25cf Entities, factors, and events that occurred outside of Plaintiff's control.\n\n\n\n11. Haku Du\n c/o Sean Larson and HATHAWAY & KUNZ, LLP\n P. O. Box 1208\n Cheyenne, WY 82003-1208\n (307) 634-7723\n\nHaku Du is a representative of Defendants MineOne Wyoming, MineOne Partners, Bit Origin,\n\nand SonicHash. Haku Du has knowledge of many factual allegations in Plaintiff\u2019s First Amended\n\nComplaint and Plaintiff\u2019s Answer to Defendants\u2019 First and Second Counter-Claims. Haku Du also\n\nhas knowledge involving, but not limited to, the following:\n\n \u25cf The events and facts involving MineOne Wyoming and Terra breaching their\n\n agreements with BCB.\n\n \u25cf MineOne Wyoming and Terra being alter egos of one another and of Bit Origin,\n\n MineOne Partners, and SonicHash.\n\n \u25cf BCB Cheyenne\u2019s contractual performance for both MineOne Wyoming and Terra.\n\n \u25cf The contractual obligations and responsibilities of Defendants\u2019 contractors, and\n\n Defendants\u2019 contractors failures to perform their contractual obligations and\n\n responsibilities to Defendants.\n\n \u25cf Entities, factors, and events that occurred outside of Plaintiff's control.\n\n \u25cf Knowledge of the redacted Service Framework Agreement that Ms. Du sent to Michael\n\n Murphy in January 2023.\n\n\n\n\n 17\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 19 of 48\n\n\n\n\n12. Cho \u201cJack\u201d Zhu\n c/o Sean Larson and HATHAWAY & KUNZ, LLP\n P. O. Box 1208\n Cheyenne, WY 82003-1208\n (307) 634-7723\n\nCho Zhu is a representative of Defendants MineOne Wyoming, MineOne Partners, Bit Origin, and\n\nSonicHash. Cho Zhu has knowledge of many factual allegations in Plaintiff\u2019s First Amended\n\nComplaint and Plaintiff\u2019s Answer to Defendants\u2019 First and Second Counter-Claims. Cho Zhu also\n\nhas knowledge involving the following:\n\n \u25cf The events and facts involving MineOne Wyoming and Terra breaching their\n\n agreements with BCB.\n\n \u25cf MineOne Wyoming and Terra being alter egos of one another and of Bit Origin,\n\n MineOne Partners, and SonicHash.\n\n \u25cf BCB Cheyenne\u2019s contractual performance for both MineOne Wyoming and Terra.\n\n \u25cf The contractual obligations and responsibilities of Defendants\u2019 contractors, and\n\n Defendants\u2019 contractors failures to perform their contractual obligations and\n\n responsibilities to Defendants.\n\n \u25cf Entities, factors, and events that occurred outside of Plaintiff's control.\n\n\n\n13. Iris Li\n c/o Sean Larson and HATHAWAY & KUNZ, LLP\n P. O. Box 1208\n Cheyenne, WY 82003-1208\n (307) 634-7723\n\nIris Li is a representative of Defendants MineOne Wyoming Data Center, MineOne Partners, Bit\n\nOrigin, and SonicHash. Iris Li has knowledge of many factual allegations in Plaintiff\u2019s First\n\nAmended Complaint and Plaintiff\u2019s Answer to Defendants\u2019 First and Second Counter-Claims. Iris\n\nLi also has knowledge involving the following:\n\n\n 18\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 20 of 48\n\n\n\n\n \u25cf The events and facts involving MineOne Wyoming and Terra breaching their\n\n agreements with BCB.\n\n \u25cf MineOne Wyoming and Terra being alter egos of one another and of Bit Origin,\n\n MineOne Partners, and SonicHash.\n\n \u25cf BCB Cheyenne\u2019s contractual performance for both MineOne Wyoming and Terra.\n\n \u25cf The contractual obligations and responsibilities of Defendants\u2019 contractors, and\n\n Defendants\u2019 contractors failures to perform their contractual obligations and\n\n responsibilities to Defendants.\n\n \u25cf Entities, factors, and events that occurred outside of Plaintiff's control.\n\n\n\n14. \u201cMark\u201d (Chinese Name Unknown)\n c/o Sean Larson and HATHAWAY & KUNZ, LLP\n P. O. Box 1208\n Cheyenne, WY 82003-1208\n (307) 634-7723\n\nMark is a representative of Defendants MineOne Wyoming, MineOne Partners, Bit Origin, and\n\nSonic Hash. Plaintiff was told by Huali \u201cWiley\u201d Zhang that Mark would be running the site. Mark\n\nhas knowledge of factual allegations in Plaintiff\u2019s First Amended Complaint and Plaintiff\u2019s\n\nAnswer to Defendants\u2019 First and Second Counter-Claims. Mark has knowledge involving\n\nMineOne Wyoming and Terra breaching their agreements with BCB as well as MineOne\n\nWyoming and Terra being alter egos of one another and of Bit Origin, MineOne Partners, and\n\nSonicHash.\n\n\n\n\n 19\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 21 of 48\n\n\n\n\n15. Henry Li (Chinese Name Unknown)\n c/o Sean Larson and HATHAWAY & KUNZ, LLP\n P. O. Box 1208\n Cheyenne, WY 82003-1208\n (307) 634-7723\n\nHenry is a representative of Defendants MineOne Wyoming, MineOne Partners, Bit Origin, and\n\nSonic Hash. Plaintiff was told by Huali \u201cWiley\u201d Zhang that Henry would be running the site.\n\nHenry has knowledge of factual allegations in Plaintiff\u2019s First Amended Complaint and Plaintiff\u2019s\n\nAnswer to Defendants\u2019 First and Second Counter-Claims. Henry has knowledge involving\n\nMineOne Wyoming and Terra breaching their agreements with BCB as well as MineOne\n\nWyoming and Terra being alter egos of one another and of Bit Origin, MineOne Partners, and\n\nSonicHash.\n\n\n16. Zihan Zhang\n c/o Sean Larson and HATHAWAY & KUNZ, LLP\n P. O. Box 1208\n Cheyenne, WY 82003-1208\n (307) 634-7723\n\nMr. Zhang is a representative of Defendant MineOne Wyoming and was identified as a\n\nMember of the company although he was never disclosed in Defendants\u2019 Corporate\n\nDisclosures. Mr. Zhang has knowledge involving MineOne Wyoming and Terra breaching their\n\nagreements with BCB as well as MineOne Wyoming and Terra being alter egos of one another\n\nand of Bit Origin, MineOne Partners, and SonicHash.\n\n\n\n\n 20\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 22 of 48\n\n\n\n\n17. Scott Caffee\n c/o Sean Larson and HATHAWAY & KUNZ, LLP\n P. O. Box 1208\n Cheyenne, WY 82003-1208\n (307) 634-7723\n\nScott Caffee is a representative of Defendants MineOne Wyoming, MineOne Partners, Bit Origin,\n\nand SonicHash. Scott Caffee has knowledge of factual allegations in Plaintiff\u2019s First Amended\n\nComplaint and Plaintiff\u2019s Answer to Defendants\u2019 First and Second Counter-Claims. Scott has\n\nknowledge involving MineOne Wyoming and Terra breaching their agreements with BCB as well\n\nas MineOne Wyoming and Terra being alter egos of one another and of Bit Origin, MineOne\n\nPartners, and SonicHash.\n\n\n\n18. Braden Caffe\n c/o Sean Larson and HATHAWAY & KUNZ, LLP\n P. O. Box 1208\n Cheyenne, WY 82003-1208\n (307) 634-7723\n\nBraden Caffee is a representative of Defendants MineOne Wyoming, MineOne Partners, Bit\n\nOrigin, and SonicHash. Scott Caffee has knowledge of factual allegations in Plaintiff\u2019s First\n\nAmended Complaint and Plaintiff\u2019s Answer to Defendants\u2019 First and Second Counter-Claims.\n\nScott has knowledge involving MineOne Wyoming and Terra breaching their agreements with\n\nBCB as well as MineOne Wyoming and Terra being alter egos of one another and of Bit Origin,\n\nMineOne Partners, and SonicHash.\n\n\n\n\n 21\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 23 of 48\n\n\n\n\n19. Christopher Wilson\n c/o Sean Larson and HATHAWAY & KUNZ, LLP\n P. O. Box 1208\n Cheyenne, WY 82003-1208\n (307) 634-7723\n\nChristopher Wilson is a representative of Defendants MineOne Wyoming, MineOne Partners, Bit\n\nOrigin, and SonicHash. Scott Caffee has knowledge of factual allegations in Plaintiff\u2019s First\n\nAmended Complaint and Plaintiff\u2019s Answer to Defendants\u2019 First and Second Counter-Claims.\n\nScott has knowledge involving MineOne Wyoming and Terra breaching their agreements with\n\nBCB as well as MineOne Wyoming and Terra being alter egos of one another and of Bit Origin,\n\nMineOne Partners, and SonicHash.\n\n\n20. Xiaping Cao, PhD\n Bit Origin Board Member/Director\n \u2105 Marc Gottlieb\n Ortoli Rosenstadt\n 366 Madison Ave, 3rd Flr\n New York, NY 10017\n 212 588-0022\n\nDr. Cao is a Board member and director of Bit Origin Ltd. All of the other individuals\n\nwho were originally executives of Bit Origin (Chong Wang, Jiaming Li, Haku Du, and\n\nErick Rengifo) have resigned over the last year and half. Dr. Cao is an advisor to the\n\nChinese Government as a committee member of Major Administrative Decision-making\n\nAdvisory Committee at People\u2019s Government of Guangdong Province. Dr. Cao\n\npublishes academic research involving state owned enterprises (SOEs) and finance. Dr.\n\nCao will testify to events surrounding the CFIUS investigation of Bit Origin and\n\nPresidential Divestment, as well as alter ego claims against Bit Origin. Dr. Cao has\n\nunique, specific, and specialized knowledge of how the Chinese Communist Party\n\noperates with state owned enterprises in structuring, corporate obfuscation, and\n\n\n 22\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 24 of 48\n\n\n\n\nestablishing shell and operating companies owned by Chinese nationals to set-up and\n\noperate in the United States and access public markets as foundation to the alter ego\n\nclaims against Bit Origin.\n\n\n21. Shen \u201cNeil\u201d Nanpeng\n Bitmain Investor/Shareholder\n \u2105 HIRST APPLEGATE LLP\n 1720 Carey Ave. Room 400\n P.O. BOX 1083\n Cheyenne, WY 82003\n\nMr. Nanpeng is a founder and managing partner of HongShan, formerly known as Sequoia\n\nChina. Mr. Nanpeng is one of five Board members of Byte Dance (the parent company of\n\nTikTok). During Bitmain\u2019s growth, Sequoia China led a Series A financing round with IDG\n\nCapital in 2017 for $50 million, and another $400 million from Sequoia China came in a Series B\n\npre-IPO round in June 2018. Mr. Nanpeng was a member of the National Committee of the CCP\n\nuntil 2023 when he resigned his position and rebranded and restructured Sequoia Capital as\n\nHongShan. HongShan is believed to be Britain's largest and most influential investor. Mr.\n\nNanpeng has unique knowledge of Bitmain\u2019s previous corporate takeovers by Jihan Wu and\n\nMicree Zhan, and can testify to Bitmain\u2019s corporate strategies and operations in the United\n\nStates, specifically in Wyoming at the North Range facility. His knowledge of Bitmain and Byte\n\nDance (TikTok) will prove instrumental in establishing the foundation and patterns of business\n\nmisconduct and national security risk by Defendants identified in the Presidential Divestment\n\nOrder (MineOne and its affiliates) and Defendants\u2019 conspiratorial actions involving anticipatory\n\nrepudiation of the DHS Agreement and tortious interference by Bitmain.\n\n\n\n\n 23\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 25 of 48\n\n\n\n\n22. Zack Bradford\n Co-founder and CEO, CleanSpark\n \u2105 Thomas O\u2019Rourke\n One Liberty Place\n 1650 Market Street, Suite 2800\n Philadelphia, PA 19103\n\nMr. Bradford is the co-founder and CEO of CleanSpark. Mr. Bradford will have unique and\n\nspecialized knowledge about the Purchase Agreements between MineOne Wyoming and\n\nCleanSpark, as well as knowledge about the North Range site clearing, CFIUS and Presidential\n\nDivestment. Given CleanSpark\u2019s close relationship with Bitmain, Mr. Bradford will have\n\nknowledge of the January 6, 2024 Future Sales and Purchase Agreement between Bitmain and\n\nCleanSpark, Inc. for a single purchase of 60,000 Antminer S21 bitcoin miners by CleanSpark for\n\na total purchase price of $276,000,000. Mr. Bradford will have knowledge of the country or\n\norigin of Bitmain\u2019s S21 Antminers as well as the Call Option to purchase an additional\n\napproximate 100,000 units of S21 Antminers subject to the terms and conditions stipulated\n\nwithin the Future Sales and Purchase Agreement. Mr. Bradford will know how many Bitmain\n\nAntminers have been purchased and delivered to CleanSpark, and where those machines are\n\nintended to be placed in the United States (foreseeably, at Campstool and North Range). Mr\n\nBradford will know when and who introduced CleanSpark to Defendant MineOne. Mr Bradford,\n\nand Ran Chang of Bitmain, signed the Future Purchase Agreement, and Mr. Chang also signed\n\nthe Service Framework Agreement and Operations and Maintenance Service Framework\n\nAgreement, contracts between Bitmain Georgia and MineOne Wyoming (made on March 10,\n\n2023) that tortiously interfered with the DHS Agreement between BCB and MineOne Wyoming\n\nData Center LLC.\n\n\n\n\n 24\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 26 of 48\n\n\n\n\n23. Matthew Schultz\n Executive Chairman and Director, CleanSpark\n \u2105 Thomas O\u2019Rourke\n One Liberty Place\n 1650 Market Street, Suite 2800\n Philadelphia, PA 19103\n\nMr. Schultz is the Executive Chairman and Director of CleanSpark. Mr. Schultz will have unique\n\nand specialized knowledge about the Purchase Agreements between MineOne and CleanSpark\n\nfor Campstool and North Range parcels, as well as knowledge about the North Range site\n\nclearing, CFIUS, and Presidential Divestment. Mr. Schultz will know how many Bitmain\n\nAntminers have been purchased and delivered to CleanSpark, and where those machines are\n\nintended to be placed. Mr. Mr. Schultz will know when and who introduced CleanSpark to\n\nDefendant MineOne. Mr Schultz will have knowledge of Mr. Chang, of Bitmain, who signed\n\nthe Service Framework Agreement and Operations and Maintenance Service Framework\n\nAgreement, contracts between Bitmain Georgia and MineOne Wyoming (made on March 10,\n\n2023) that tortiously interfered with the DHS Agreement between BCB and MineOne Wyoming\n\nData Center LLC.\n\n\n\n24. Micree Zhan (aka Zhan Ketuan)\n Bitmain, AntPool, AntAlpha Owner\n \u2105 HIRST APPLEGATE LLP\n 1720 Carey Ave. Room 400\n P.O. BOX 1083\n Cheyenne, WY 82003\n\nMicree Zhan (aka Zhan Ketuan) is a co-founder and owner of Bitmain. Mr. Zhan has knowledge\n\nand information about Bitmain including the corporate strategies and hostile takeover activities\n\ndone by Bitmain representatives involving the tortious interference claims against Bitmain\n\n\n\n\n 25\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 27 of 48\n\n\n\n\nGeorgia. Mr. Zhan is referred to in WeChat communications as giving \u201capproval\u201d for Bitmain\u2019s\n\nactivities at North Range, including but not limited to, operations and maintenance. Mr. Zhan has\n\nknowledge of the BCIS Tariff and the Service Framework Agreement and O&M Service\n\nFramework Agreement between Bitmain and MineOne Wyoming as well as BCB\u2019s operational\n\nrole before and after MineOne\u2019s anticipatory repudiation of the DHS Agreement.\n\n\n\n25. Ran Cheng\n Bitmain Representative\n \u2105 HIRST APPLEGATE LLP\n 1720 Carey Ave. Room 400\n P.O. BOX 1083\n Cheyenne, WY 82003\n\nRan Cheng, a representative of Bitmain, will have knowledge of the Service Framework\n\nAgreement and O&M Service Framework Agreement between Bitmain Technologies Georgia\n\nLimited and MineOne Wyoming. Ran Cheng signed these agreements. He will have knowledge\n\nof Bitmain\u2019s corporate structure and Bitmain\u2019s wholly owned subsidiaries and U.S. operations.\n\nUpon information and belief, Ran Cheng will have knowledge about Bitmain\u2019s activity and\n\ninvolvement, engineers, semiconductors, and Bitmain\u2019s corporate strategy to consume on-grid\n\npower to mine Bitcoin in the United States, more specifically, at the North Range and Campstool\n\nsites near Cheyenne, Wyoming. Ran Cheng will also have knowledge of Bitmain\u2019s involvement\n\nwith MineOne and Terra Crypto breaching their agreements with BCB and Bitmain\u2019s intentional\n\ninterference with BCB\u2019s contracts, specifically, the Service Framework Agreement and O&M\n\nService Framework Agreement\n\n\n\n\n 26\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 28 of 48\n\n\n\n\n26. Zhou Feng\n Bitmain Representative\n \u2105 HIRST APPLEGATE LLP\n 1720 Carey Ave. Room 400\n P.O. BOX 1083\n Cheyenne, WY 82003\n\nZhou Feng, an employee or representative of Bitmain, will have knowledge of the Service\n\nFramework Agreement between Bitmain Technologies Georgia Limited and MineOne Wyoming,\n\nas well as operations and maintenance activities involving Bitmain\u2019s corporate and legal strategy\n\nwith corporate takeovers and consumption of on-grid power to mine Bitcoin in the United States,\n\nmore specifically, at the North Range and Campstool sites near Cheyenne, Wyoming. Zhou Feng\n\nwill have knowledge about the O&M Service Framework Agreement and Bitmain\u2019s involvement\n\nwith MineOne and Terra Crypto breaching their agreements with BCB and Bitmain\u2019s intentional\n\ninterference with BCB\u2019s contracts through the Service Framework Agreement and O&M Service\n\nFramework Agreement.\n\n\n\n27. Nuolin Lin\n Bitmain Representative\n \u2105 HIRST APPLEGATE LLP\n 1720 Carey Ave. Room 400\n P.O. BOX 1083\n Cheyenne, WY 82003\n\nNuolin Lin, an employee or representative of Bitmain, will have knowledge of the Service\n\nFramework Agreement between Bitmain Technologies Georgia Limited and MineOne Wyoming,\n\nas well as operations and maintenance activities and involvement of engineers, semiconductors,\n\nand Bitmain\u2019s corporate strategy to consume on-grid power to mine Bitcoin in the United States,\n\nmore specifically, at the North Range and Campstool sites near Cheyenne, Wyoming. Nuolin Lin\n\nwill have knowledge about the O&M Service Framework Agreement and Bitmain\u2019s involvement\n\n\n 27\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 29 of 48\n\n\n\n\nwith MineOne and Terra Crypto breaching their agreements with BCB and Bitmain\u2019s intentional\n\ninterference with BCB\u2019s contracts through the Service Framework Agreement and O&M Service\n\nFramework Agreement.\n\n\n\n28. \u201cJason\u201d (Chinese Name Unknown)\n Bitmain Representative\n \u2105 HIRST APPLEGATE LLP\n 1720 Carey Ave. Room 400\n P.O. BOX 1083\n Cheyenne, WY 82003\n\nOn information and belief, Jason is a representative of Bitmain Georgia. Jason has knowledge of\n\nfactual allegations in Plaintiff\u2019s First Amended Complaint and Plaintiff\u2019s Answer to Defendants\u2019\n\nFirst and Second Counter-Claims. Jason has knowledge involving North Range site operations and\n\nmaintenance, hosting, WeChat communications and activities involving Bitmain Georgia\u2019s\n\ntortious interference of the DHS Agreement.\n\n\n\n29. \u201cEason\u201d / Zhong Hongyun\n Bitmain Representative\n \u2105 HIRST APPLEGATE LLP\n 1720 Carey Ave. Room 400\n P.O. BOX 1083\n Cheyenne, WY 82003\n\nOn information and belief, Mr. Hongun is a representative of Bitmain Georgia. Mr. Hongun has\n\nknowledge of factual allegations in Plaintiff\u2019s First Amended Complaint and Plaintiff\u2019s Answer to\n\nDefendants\u2019 First and Second Counter-Claims. Jason has knowledge involving North Range site\n\noperations and maintenance, hosting, WeChat communications and activities involving Bitmain\n\nGeorgia\u2019s tortious interference of the DHS Agreement.\n\n\n\n\n 28\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 30 of 48\n\n\n\n\n30. Yiliang Guo\n Bitmain Representative\n \u2105 HIRST APPLEGATE LLP\n 1720 Carey Ave. Room 400\n P.O. BOX 1083\n Cheyenne, WY 82003\n\nYiliang Guo, an executive of Bitmain will have knowledge of the drafts and the final Service\n\nFramework Agreement between Bitmain Technologies Georgia Limited and MineOne Wyoming.\n\nIn the 12/8/23 Declaration of Yiliang Guo (ECF 82-2), Mr. Guo states at para 2: \u201cI have been\n\nemployed by Bitmain Technologies Inc. since April 2018. I am responsible for Bitmain\u2019s business\n\ndevelopment relating to data center hosting services in the United States. In my role I serve as a\n\nprimary point of contact for MineOne Wyoming Data Center, LLC (MineOne\u201d).\u201d\n\nUpon information and belief, Mr. Guo will also have knowledge of other contract, agreements and\n\nfinancings between Bitmain and other Defendants. Mr. Guo will have knowledge about Bitmain\u2019s\n\nactivity and involvement, engineers, semiconductors, and Bitmain\u2019s corporate strategy to consume\n\non-grid stable power to mine Bitcoin in the United States, more specifically, at the North Range\n\nand Campstool sites near Cheyenne, Wyoming. Mr. Guo will also have knowledge of Bitmain\u2019s\n\nintentional interference with MineOne Wyoming\u2019s and Terra Crypto\u2019s contracts with BCB.\n\n\n31. Matthew Kauffman\n HATHAWAY & KUNZ, LLP\n P. O. Box 1208\n Cheyenne, WY 82003-1208\n (307) 634-7723\n\nMatthew Kauffman is a partner at Hathaway and Kunz and represented YZY Capital in bidding\n\nagainst BCB in the BCIS Request for Proposal (that BCB eventually won with Black Hills Energy,\n\nand that Matthew Kauffman and YZY Capital lost). Matthew Kauffman has knowledge of power\n\npricing for Bitcoin mining and the negotiations with Black Hills Energy including the Request for\n\n\n\n 29\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 31 of 48\n\n\n\n\nProposal (\u201cRFP\u201d) and BCIS Agreement. Matthew Kauffman has knowledge of negotiations with\n\nYZY Capital and property negotiations in North Range and Campstool business parks. Upon\n\ninformation and belief, Matthew Kauffman has knowledge of the nationalities and countries of\n\norigin of the parties involved in bitcoin mining in Wyoming and in these proceedings.\n\n\n\n32. Tyler Lindholm\n State Director, Americans for Prosperity\n P. O. Box 1208\n Cheyenne, WY 82003-1208\n (307) 634-7723\n\nTyler Lindholm is the current Wyoming State Director for Americans for Prosperity. Tyler\n\nLindholm was a representative of BitDeer in bidding against BCB in the BCIS Request for\n\nProposal (that BCB won with Black Hills Energy, and that Tyler Lindholm and Bitdeer lost when\n\nTyle Lindholm was working as the State Policy Director for U.S. Senator Cynthia Lummis). Tyler\n\nLindholm has knowledge of power pricing for Bitcoin mining and the negotiations with Black\n\nHills Energy including the Request for Proposal (\u201cRFP\u201d) and BCIS Agreement. Tyler Lindholm\n\nhas knowledge of negotiations with Bitdeer and the alter ego that exists between Bitdeer and\n\nBitmain as Bitdeer is a \u201cspin off\u201d from Bitmain. Upon information and belief, Tyler Lindholm has\n\nknowledge of the connection between Bitdeer and Bitmain, as well as the nationalities and\n\ncountries of origin of the parties involved in bitcoin mining in Wyoming and these proceedings.\n\n\n\n33. Jihan Wu\n Bitmain and Bitdeer Owner and Representative\n No. 86\n Jellicoe Road\n Singapore\n\nJihan Wu is a representative and owner of Beijing Bitmain, an operating entity fully owned by\n\nHong Kong Bitmain Technologies Limited, controlled by Cayman-registered BitMain\n\n\n 30\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 32 of 48\n\n\n\n\nTechnologies Holding, as well as Bitmain Technologies Georgia Limited, collectively \u201cBitmain.\u201d\n\nMr. Wu has significant knowledge of Bitmain\u2019s mining operations in the United States, including\n\nthe approximate 10,000 Bitmain ASIC computers at the North Range site. Jihan Wu is also a\n\nrepresentative and owner of Bitdeer Technologies Group (\u201cBitdeer\u201d), a company that bid \u2013 and\n\nlost to BCB \u2013 for the Black Hills Request for Proposal (RFP). Upon information and belief, Mr.\n\nWu has knowledge of the BCIS Tariff and the Service Framework Agreement between Bitmain\n\nand MineOne Wyoming. Mr. Wu has knowledge of Bitdeer bidding on the BCIS Request for\n\nProposal and the close relationship between Bitmain and Bitdeer, as well as both companies\u2019\n\nknowledge that Wyoming\u2019s climate is ideal for mining Bitcoin and the companies\u2019 corporate\n\nstrategy to secure industrial power in Wyoming. Upon information and belief, Mr. Wu has\n\nknowledge of Defendants\u2019 and Bitmain\u2019s conspiracy and actions to remove BCB as the North\n\nRange and Campstool site operators and managers. Upon information and belief, Mr. Wu has\n\nknowledge of the Defendants\u2019 nationalities and the relationships between MineOne Wyoming,\n\nBitOrigin, Bitmain, and Bitdeer.\n\n\n\n34. Lee Filer\n Owner\n Cryptonite, LLC\n 1215 Medley Loop\n Cheyenne, WY 82007\n\nLee Filer, an owner and representative of Cryptonite, LLC (dba Crypto Knight Hosting), and a\n\ncompetitor to Plaintiff (and who lost the BCIS RFP to Plaintiff) who came to the North Range site\n\non multiple occasions unannounced searching for information and helping Defendants. Lee Filer\n\nhas knowledge involving MineOne Wyoming and Terra breaching their agreements with BCB as\n\npart of the anticipatory repudiation of the agreements between MineOne Wyoming and Terra with\n\n\n\n\n 31\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 33 of 48\n\n\n\n\nBCB. Upon information and belief, Lee Filer has other knowledge contained in Plaintiff\u2019s First\n\nAmended Complaint and Plaintiff\u2019s Answer to Defendants\u2019 First and Second Counter-Claims. Mr.\n\nFiler will have knowledge of the \u201ctrusted contact\u201d from Bitmain who introduced Mr. Filer to Huaili\n\nZhang. He will also have knowledge of Bitmain Georgia's operations, business model, and actions\n\ninvolved in Bitmain\u2019s intentional interference of contracts between BCB and MineOne Wyoming\n\nand Terra Crypto.\n\n\n\n35. Joey Darwell\n Owner\n Cryptonite, LLC\n 1215 Medley Loop\n Cheyenne, WY 82007\n\nJoey Darwell, an owner and representative of Cryptonite, LLC (dba Crypto Knight Hosting), and\n\na competitor to Plaintiff (and who lost the BCIS RFP to Plaintiff) first came to the North Range\n\nsite with Defendants in late January 2023 and then came on multiple other occasions unannounced\n\nto Plaintiff. Joey Darwell has knowledge involving MineOne Wyoming and Terra breaching their\n\nagreements with BCB as part of the anticipatory repudiation of the agreements between MineOne\n\nWyoming and Terra with BCB. Upon information and belief, Joey Darwell has other knowledge\n\ncontained in Plaintiff\u2019s First Amended Complaint and Plaintiff\u2019s Answer to Defendants\u2019 First and\n\nSecond Counter-Claims. Mr. Filer will have knowledge of the \u201ctrusted contact\u201d from Bitmain who\n\nintroduced Mr. Filer to Huaili Zhang. He will also have knowledge of Bitmain Georgia's\n\noperations, business model, and actions involved in Bitmain\u2019s intentional interference of contracts\n\nbetween BCB and MineOne Wyoming and Terra Crypto.\n\n\n\n\n 32\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 34 of 48\n\n\n\n\n36. Mr. Yuan Qian\n Owner, YZY Capital\n Current Address Unknown\n\nMr. Qian is the owner of YZY Capital. Mr. Qian has knowledge of power pricing for Bitcoin\n\nmining and the negotiations with Black Hills Energy including the Request for Proposal (\u201cRFP\u201d)\n\nand mining operations in multiple states in the United States. Mr. Qian has knowledge of\n\nnegotiations and contracts between his company, YZY Capital, and the Defendants. Mr. Qian has\n\nknowledge about Matthew Kauffman\u2019s involvement and activities representing companies owned\n\nby Chinese nationals owning land in Wyoming and working to establish operations in Wyoming\n\nin the Bitcoin mining industry.\n\n\n\n37. Linghui Kong\n BitDeer, CEO\n Aperia Tower 1 #09-03/04 8 Kallang Ave\n Singapore, Central Singapore\n Singapore\n\nLinghui Kong is the CEO of Bitdeer. Upon information and belief, through the assistance\n\nof Tyler Lindholm, Bitdeer submitted a proposal to Black Hill\u2019s BCIS Request for Proposal\n\n(RFP). Bitdeer lost the RFP to BCB, but knew that Wyoming\u2019s climate and the BCIS tariff\n\nrepresented a significant opportunity. Mr. Kong has knowledge of the relationship between\n\nBitdeer and Bitmain, as well as Jihan Wu representing and pursuing the interests of both\n\nBitmain and Bitdeer in the bitcoin mining industry, and specifically in Wyoming with the\n\nBCIS Tariff energy from Black Hills.\n\n\n\n\n 33\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 35 of 48\n\n\n\n\n38. Samantha Robertson\n BitDeer, Business Development\n 11081 Domain Dr\n Austin, TX 78758\n\nSamantha Robertson is a representative of Bitdeer. Ms. Robertson has information about\n\nBitdeer\u2019s interests in bidding for Black Hill\u2019s BCIS power and Bitdeer losing the RFP to\n\nBCB. Ms. Robertson has knowledge about Bitdeer moving its operations to Texas and Tyler\n\nLindholm\u2019s involvement representing Bitdeer. Ms Robertson has information about Jihan\n\nWu and the other executives at Bitmain and Bitdeer, as well as the alter ego that exists\n\nbetween Bitdeer and Bitmain.\n\n\n\n39. Aaron Carr\n Black Hills Energy\n 7001 Mt Rushmore Rd,\n Rapid City, SD 57702\n\nAaron Carr, an employee of Black Hills Corporation, has knowledge of many of the facts\n\nand events surrounding the BCIS Agreements under which electrical power is being\n\ndelivered to the North Range parcel and will be delivered to the Campstool parcel, including\n\nbut not limited to the following:\n\n \u25cf CFLP\u2019s RFP process, including the parties that submitted proposals in response\n\n to the RFP and the decision making criteria used to select a recipient for the\n\n available power;\n\n \u25cf Discussions between Black Hills and BCB as the parties negotiated BCB\u2019s BCIS\n\n Agreement;\n\n\n\n\n 34\n\fCase 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 36 of 48\n\n\n\n\n \u25cf Amendments to BCB\u2019s BCIS Agreement, including the Third Amendment and\n\n Restatement, which included multiple terms BCB negotiated into the BCIS\n\n Agreement on behalf of MineOne Wyoming and Terra;\n\n \u25cf BCB\u2019s assignment of its BCIS Agreement to MineOne Wyoming\n\n \u25cf MineOne\u2019s BCIS Agreement, including the required timeline for Black Hills to\n\n provide its facilities to deliver 45MW of electrical power to the North Range\n\n parcel;\n\n \u25cf MineOne\u2019s failure to comply with its BCIS Agreement provision that no public\n\n press releases were to be made unless agreed upon by both CLFP and MineOne\n\n Wyoming;\n\n \u25cf BCB\u2019s performance under its DHS Agreement with MineOne Wyoming,\n\n including but not limited to BCB\u2019s weekly update meetings with Black Hills,\n\n BCB assisting with the redacted BCIS Agreement for filing with the PSC, BCB\n\n requesting updates on power pricing and possible block purchase options, and\n\n BCB advising MineOne Wyoming on the Day-Ahead energy purchasing\n\n process.\n\n \u25cf The price of power MineOne Wyoming has paid for power and whether or not\n\n MineOne Wyoming has purchased any blocks of power.\n\n \u25cf The possibility of Black Hills providing BCB with additional tranches of power\n\n at both North Range and Campstool.\n\n\n\n\n 35\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 37 of 48\n\n\n\n\n40. Sarah Bocklemann\n Black Hills Energy\n 7001 Mt Rushmore Rd,\n Rapid City, SD 57702\n\nSarah Bocklemann, an employee of Black Hills Corporation, has knowledge of many of the\n\nfacts and events surrounding the BCIS Agreements under which electrical power is being\n\ndelivered to the North Range parcel and will be delivered to the Campstool parcel, including\n\nbut not limited to the following:\n\n \u25cf CFLP\u2019s RFP process, including the parties that submitted proposals in response\n\n to the RFP and the decision-making criteria used to select a recipient for the\n\n available power;\n\n \u25cf Discussions between Black Hills and BCB as the parties negotiated BCB\u2019s BCIS\n\n Agreement;\n\n \u25cf Amendments to BCB\u2019s BCIS Agreement, including the Third Amendment and\n\n Restatement, which included multiple terms BCB negotiated into the BCIS\n\n Agreement on behalf of MineOne Wyoming and Terra;\n\n \u25cf BCB\u2019s assignment of its BCIS Agreement to MineOne Wyoming\n\n \u25cf MineOne\u2019s BCIS Agreement, including the required timeline for Black Hills to\n\n provide its facilities to deliver 45MW of electrical power to the North Range\n\n parcel;\n\n \u25cf MineOne\u2019s failure to comply with its BCIS Agreement provision that no public\n\n press releases were to be made unless agreed upon by both CLFP and MineOne\n\n Wyoming;\n\n \u25cf BCB\u2019s performance under its DHS Agreement with MineOne Wyoming,\n\n including but not limited to BCB\u2019s weekly update meetings with Black Hills,\n\n\n\n 36\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 38 of 48\n\n\n\n\n BCB assisting with the redacted BCIS Agreement for filing with the PSC, BCB\n\n requesting updates on power pricing and possible block purchase options, and\n\n BCB advising MineOne Wyoming on the Day-Ahead energy purchasing\n\n process.\n\n \u25cf The price of power MineOne Wyoming has paid for power and whether or not\n\n MineOne Wyoming has purchased any blocks of power.\n\n \u25cf The possibility of Black Hills providing BCB with additional tranches of power\n\n at both North Range and Campstool.\n\n\n\n41. Austin Allen\n Black Hills Energy\n 7001 Mt Rushmore Rd,\n Rapid City, SD 57702\n\nAustin Allen, an employee of Black Hills Corporation, has knowledge of many of the facts\n\nand events surrounding the BCIS Agreements under which electrical power is being\n\ndelivered to the North Range parcel and will be delivered to the Campstool parcel, including\n\nbut not limited to the following:\n\n \u25cf MineOne\u2019s BCIS Agreement, including the required timeline for Black Hills to\n\n provide its facilities to deliver 45MW of electrical power to the North Range\n\n parcel and the details of when Black Hill\u2019s facilities to provide the 45MW of\n\n electrical power was completed;\n\n \u25cf BCB\u2019s performance under its DHS Agreement with MineOne Wyoming,\n\n including but not limited to BCB\u2019s weekly update meetings with Black Hills,\n\n BCB assisting with the redacted BCIS Agreement for filing with the PSC, BCB\n\n requesting updates on power pricing and possible block purchase options, and\n\n\n\n 37\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 39 of 48\n\n\n\n\n BCB advising MineOne Wyoming on the Day-Ahead energy purchasing\n\n process.\n\n \u25cf The price of power MineOne Wyoming has paid for power and whether or not\n\n MineOne Wyoming has purchased any blocks of power.\n\n \u25cf The possibility of Black Hills providing BCB with additional tranches of power\n\n at both North Range and Campstool.\n\n \u25cf Mr. Allen will have knowledge of all of his sent and received emails relating to\n\n the North Range and Campstool projects.\n\n\n\n42. CEGEN Green Energy Ltd\n PO Box 1204 Stn Main\n Okotoks AB T1S 1B1\n\nThe persons listed below are representatives of CEGEN Green Energy Ltd (\u201cCEGEN\u201d) and\n\nhave knowledge of many factual allegations in Plaintiff\u2019s First Amended Complaint and\n\nPlaintiff\u2019s Answer to Defendants\u2019 First and Second Counter-Claims. They also have\n\nknowledge of (1) the multiple failures of CEGEN Green Energy Ltd (\u201cCEGEN\u201d) not timely\n\ncompleting the modular data centers it was contracted to provide, not staying within the\n\nagreed-to budget, and not paying its subcontractors, (2) Plaintiff\u2019s performance in trying to\n\nhelp CEGEN meet its contractual obligations including, but not limited to, facilitating\n\npayments, material procurement, sourcing supplemental labor, daily foreman meetings, and\n\ncoordination between Defendants and other contractors, and (3) entities, factors, and events\n\nthat occurred outside of Plaintiff's control that delayed the project timeline.\n\n \u25cf Steve Morgan, CEO\n \u25cf James Stewart, President\n \u25cf Darcy McIntosh, Technical Director of Projects\n \u25cf Ryan Russell, Project Manager\n\n\n\n 38\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 40 of 48\n\n\n\n\n \u25cf Xenia D\u2019Souza, Project Controls\n \u25cf Chad Dalziel, Foreman\n\n\n\n43. Shermco Industries, Inc.\n 6551 S Revere Parkway, Ste 275\n Centennial, CO 80111\n\nThe persons listed below are representatives of Shermco Industries, Inc. (\u201cShermco\u201d) and\n\nhave knowledge of many factual allegations in Plaintiff\u2019s First Amended Complaint and\n\nPlaintiff\u2019s Answer to Defendants\u2019 First and Second Counter-Claims. Shermco entered into\n\na contract with MineOne Wyoming to provide professional engineering and design services,\n\nsite electrical services, and construction management services for Defendants\u2019 North Range\n\nproject. Shermco additionally provided professional engineering and design services for\n\nDefendants\u2019 Campstool project. Shermco also has knowledge involving, but not limited to,\n\nthe following: (1) the events and facts involving the delays related to CEGEN\u2019s failure to\n\nbuild ten operational data centers for Defendants in a timely manner, (2) the multiple failures\n\nof CEGEN to procure and deliver materials to the site for construction of Defendants\u2019 data\n\ncenters, (3) the multiple failures of CEGEN to procure the necessary subcontractors and\n\nother skilled labor for assembly and installation of Defendants\u2019 data centers, (4) Shermco\u2019s\n\ninability to manage and complete site improvements, including site electrical, and to provide\n\nquality control in its own installations and in the installations of others under its\n\nmanagement, (5) Plaintiff\u2019s performance in helping CEGEN and Shermco with CEGEN\u2019s\n\nand Shermco\u2019s contractual obligations to Defendants, including but not limited to,\n\nfacilitating payments, material procurement, sourcing supplemental labor, daily foreman\n\nmeetings, and coordination between Defendants and other contractors, (6) entities, factors,\n\nand events that occurred outside of Plaintiff's control that led to delays in the project\n\n\n\n\n 39\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 41 of 48\n\n\n\n\ntimeline, and (7) the events and facts involving MineOne Wyoming and Terra breaching\n\ntheir agreements with BCB.\n\n \u25cf Mark Aldrich, Vice President\n \u25cf Tony Genoff, Director of Construction\n \u25cf Clint Downey, Project Manager\n \u25cf John Larsen, Director of Cryptocurrency Market\n \u25cf Mario Garcia, Mechanical Engineer\n\n\n\n44. Systems Mechanical Electrical Civil, LLC\n 14 Wilkins Peak Rd\n Rock Springs, WY 82901\n\nThe persons listed below are representatives of Systems Mechanical Electrical Civil, LLC\n\n(\u201cSystems-MEC\u201d) and have knowledge of many factual allegations in Plaintiff\u2019s First\n\nAmended Complaint and Plaintiff\u2019s Answer to Defendants\u2019 First and Second Counter-\n\nClaims. Systems-MEC has knowledge of its contract with MineOne Wyoming to provide\n\nprofessional site civil services, electrical services, and mechanical services for Defendants\u2019\n\nNorth Range project. On information and belief, Systems-MEC is additionally providing\n\nprofessional services for Defendants\u2019 Campstool project and subsequent expansions at both\n\nNorth Range and Campstool. Systems-MEC also has knowledge involving, but not limited\n\nto, the following: (1) the events and facts involving the delays related to CEGEN\u2019s failure\n\nto build ten operational data centers for Defendants in a timely manner, (2) the multiple\n\nfailures of CEGEN to procure and deliver materials to the site for construction of\n\nDefendants\u2019 data centers, (3) the multiple failures of CEGEN to procure the necessary\n\nsubcontractors and other skilled labor for assembly and installation of Defendants\u2019 data\n\ncenters, (4) Shermco\u2019s inability to manage and complete site improvements, including site\n\nelectrical, and to provide quality control in its own installations and in the installations of\n\nothers under its management, (5) Plaintiff\u2019s performance in helping CEGEN and Shermco\n\n\n\n 40\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 42 of 48\n\n\n\n\nwith CEGEN\u2019s and Shermco\u2019s contractual obligations to Defendants, including but not\n\nlimited to, facilitating payments, material procurement, sourcing supplemental labor, daily\n\nforeman meetings, and coordination between Defendants and other contractors, (6) entities,\n\nfactors, and events that occurred outside of Plaintiff's control that led to delays in the project\n\ntimeline, (7) the events and facts involving MineOne Wyoming and Terra breaching their\n\nagreements with BCB; and (8) the events and facts involving Bitmain\u2019s intentional\n\ninterference of contracts between BCB and MineOne Wyoming and Terra Crypto.\n\n \u25cf Anthony (Tony) Simpson, CEO\n \u25cf Brian Patton, President\n \u25cf Kenny McPherson, Sr. VP Operations\n \u25cf Juan Salinas, Lead Electrician\n\n\n45 - 59. Additional Parties\n\nThe parties listed below have knowledge of factual allegations in Plaintiff\u2019s First Amended\n\nComplaint and Plaintiff\u2019s Answer to Defendants\u2019 First and Second Counter-Claims. These parties\n\nmay have knowledge of, among other things, CEGEN\u2019s and Shermco\u2019s failures, delays, and\n\nmismanagement. These parties may also possess first-hand experience and knowledge of\n\nPlaintiff\u2019s performance to meet and exceed its contractual obligations to MineOne Wyoming and\n\nTerra.\n\n45. Iron Creek Construction\n \u2105 Tasha and Thomas Coe\n 607 South Greeley, #4\n Cheyenne, WY 82007\n\n\n46. CCO Interiors\n \u2105 Jason O\u2019Leary\n 909 E Fox Farm Rd., #5\n Cheyenne, WY 82009\n\n\n\n\n 41\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 43 of 48\n\n\n\n\n47. INMAN ROOFING\n \u2105 Billy Inman\n 4014 Welchester Drive\n Cheyenne, WY 82009\n\n\n48. BCM Site Services\n \u2105 Hodgie Teichmann\n \u2105 Michael Meredith\n \u2105 Chasen Meredith\n 1313 Schroeder Drive\n Normal, IL 61761\n\n\n49. Lovas Engineering\n \u2105 Christopher Lovas\n 1869 Grizzly Gulch\n Cheyenne, WY 82009\n\n\n50. Rocky Mountain Sand & Gravel\n \u2105 Crystyn Lasley\n PO Box 22417\n Cheyenne, WY 82009\n\n\n51. MoonShot Pods, LLC \u201cMoonshot\u201d\n \u2105 Ethan Ellenberg\n 5996 Clearwater Dr.\n The Colony, TX 75056\n\n\n52. Rocky Mountain Realty\n \u2105 Jim Lever\n 210 B Street, Suite 1\n Rock Springs, WY 82609\n\n\n53. First American Title\n \u2105 Kirsten Malm\n \u2105 Heaven Anderson\n 245 Storey Blvd\n Cheyenne, WY82009\n\n\n\n\n 42\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 44 of 48\n\n\n\n\n54. Cheyenne LEADS\n \u2105 Betsey Hale\n 121 W 15th St. Suite 304\n Cheyenne, WY 82001\n\n\n55. Master Controls\n \u2105 Paul Robles\n 1607 Capital Ave.\n Cheyenne WY82001\n\n\n56. CTW\n \u2105 Trevor Witt\n 1015 Sherman Mountain Loop\n Cheyenne, WY 82009\n\n\n57. Automation Electronics\n \u2105 Ryan Bowar\n 610 Platte Road\n Casper, WY 82601\n\n\n58. Universal Capital Holdings\n \u2105 Zou Pingsheng\n 49 Sanya Bay Road Lock P\n 518128\n China Mainland\n\n\n59. DING YI FENG HOLDINGS GROUP INTERNATIONAL LIMITED\n \u2105 Mr. Luk Hong Man and Mr. Zhang Xi\n Unit 6602-03, Level 66, International Commerce Centre\n 1 Austin Road West\n Kowloon, Hong Kong\n China\n\n\n\n\n 43\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 45 of 48\n\n\n\n\n (ii). A copy \u2013 or a description by category and location \u2013 of all documents,\nelectronically stored information, and tangible things that the disclosing party has in its\npossession, custody, or control and may use to support its claims or defenses, unless the use\nwould be solely for impeachment.\n BCB may rely upon any of the documents produced by Defendants in response and\n\nsupplemental response to discovery requests, documents used as exhibits in any deposition, as well\n\nas the following documents. These are records that the disclosing party has in its possession,\n\ncustody, or control and may use to support its claims or defenses.\n\n\n July 25, 2024 Production Plaintiff\u2019s 7/24/24 document production is comprised of\n documents, video and audio recordings involving operations,\n project management, construction, meetings between Plaintiff,\n Defendants and third parties, as well as other documents, such a\n signed waivers and videos identifying Defendants\u2019\n representatives and employees that were on the North Range site.\n The production also includes documents involving Defendants\n being national security risks \u2013 as defined in the Presidential\n Divestment Order \u2013 and their ties to the Chinese Communist\n Party through directors and investors of Defendants.\n Documents and files will be Bates Numbered and provided in\n the weeks/month to come and are being provided in this form\n today as a courtesy, so Defendants have the opportunity to\n review in advance of the mediation on July 29-30.\n\n\n\n(iii). A computation of each category of damages claimed by the disclosing party \u2013 who\nmust also make available for inspection and copying as under Rule 34 the documents or\nother evidentiary material, unless privileged or protected from disclosure, on which each\ncomputation is based, including materials bearing on the nature and extent of injuries\nsuffered.\n\n Please see Plaintiff BCB\u2019s January 9, 2024 Rule 26 First Supplemental Discovery\nDisclosures.\n\n\n\n\n 44\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 46 of 48\n\n\n\n\n(iv). For inspection and copying as under Rule 34, any insurance agreement under which\nan insurance business may be liable to satisfy all or part of a possible judgment in the action\nor to indemnify or reimburse for payments made to satisfy the judgment.\n\n Not applicable.\n\n\n\n DATED this 25th day of July 2024.\n\n BCB CHEYENNE LLC d/b/a\n BISON BLOCKCHAIN,\n\n Plaintiff\n\n\n By:\n Patrick J. Murphy, WSB #5-1179\n SCOTT C. MURRAY, WSB #7-4896\n WILLIAMS, PORTER, DAY & NEVILLE, PC\n 159 N. Wolcott Street, Suite 400\n Casper, WY 82601\n (307) 265-0700\n pmurphy@wpdn.net\n smurray@wpdn.net\n\n Attorneys for BCB Cheyenne LLC d/b/a\n Bison Blockchain\n\n\n\n\n 45\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 47 of 48\n\n\n\n\n CERTIFICATE OF SERVICE\n\n The undersigned does hereby certify that a true and correct copy of the foregoing\ndocument was delivered and served upon counsel as indicated below this 25th day of July 2024.\n\n Sean M. Larson, WSB No. 7-5112 [ ] U.S. Mail (prepaid)\n Kari Hartman, WSB No. 8-6507 [ ] CM/ECF Electronic Transmission\n HATHAWAY & KUNZ, LLP [ ] Overnight Delivery\n P.O. Box 1208 [ ] Hand Delivery\n Cheyenne, WY 82001 [x] Electronic Mail\n slarson@hkwyolaw.com\n khartman@hkwyolaw.com\n\n Paula Colbath, Pro Hac Vice [ ] U S. Mail (prepaid)\n Alex Inman, Pro Hac Vice [ ] CM/ECF Electronic Transmission\n David Forrest, Pro Hac Vice [ ] Overnight Delivery\n Leily Lashkari, Pro Hac Vice [ ] Hand Delivery\n LOEB & LOEB LLP [x] Electronic Mail\n 345 Park Avenue New York, NY 10154\n pcolbath@loeb.com\n ainman@loeb.com\n dforrest@loeb.com\n llashkari@loeb.com\n\n Marc Feinstein, Pro Hac Vice [ ] U.S. Mail (prepaid)\n William Pao, Pro Hac Vice [ ] CM/ECF Electronic Transmission\n Daniel Hirsch, Pro Hac Vice [ ] Overnight Delivery\n David Iden, Pro Hac Vice [ ] Hand Delivery\n Kaitlyn Farrell, Pro Hac Vice [x] Electronic Mail\n Sherin Parikh, Pro Hac Vice\n O'MELVENY & MYERS\n 400 South Hope Street\n Los Angeles, CA 90071-2899\n mfeinstein@omm.com\n wpao@omm.com\n dhirsch@omm.com\n diden@omm.com\n kfarrell@omm.com\n sparikh@omm.com\n\n\n\n\n 46\n\f Case 1:23-cv-00079-ABJ Document 384-7 Filed 10/07/24 Page 48 of 48\n\n\n\n\nKhale J. Lenhart, WSB No. 7-4581 [ ] U.S. Mail (prepaid)\nTyson R. Woodford, WSB No. 8-6650 [ ] CM/ECF Electronic Transmission\nHIRST APPLEGATE LLP [ ] Overnight Delivery\n1720 Carey Ave. Room 400 [ ] Hand Delivery\nP.O. BOX 1083 [x] Electronic Mail\nCheyenne, WY 82003\nklenhart@hirstapplegate.com\ntwoodford@hirstapplegate.com\n\nMeggan J. Hathaway [ ] U.S. Mail (prepaid)\nJane M. France [ ] CM/ECF Electronic Transmission\nSUNDAHL, POWERS, KAPP & MARTIN, LLC [ ] Overnight Delivery\n500 W. 18th Street, Ste. 200 [ ] Hand Delivery\nCheyenne, WY 82003 [x] Electronic Mail\nmhathaway@spkm.org\njfrance@spkm.org\n\nMarc S. Gottlieb [ ] U.S. Mail (prepaid)\nORTOLI ROSENSTADT, LLP [ ] CM/ECF Electronic Transmission\n366 Madison Avenue, 3rd Floor [ ] Overnight Delivery\nNew York, NY 10017 [ ] Hand Delivery\nmsg@orllp.legal [x] Electronic Mail\n\n\n\n By: /s/ Patrick J. Murphy\n Patrick J. Murphy\n\n\n\n\n 47\n\f","ocr_status":2,"date_upload":"2025-01-17T10:13:46.695021-08:00","document_number":"384","attachment_number":7,"pacer_doc_id":"20702489486","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit G - 07-25-24 - BCB Fourth Supplemental Rule 26 Disclosures","acms_document_guid":""}],"date_created":"2024-10-07T15:10:01.991360-07:00","date_modified":"2025-09-23T09:32:31.708666-07:00","date_filed":"2024-10-07","time_filed":"15:35:00","entry_number":384,"recap_sequence_number":"2024-10-07.002","pacer_sequence_number":1272,"description":"OPPOSITION to 368 Motion to Quash filed by Defendants MineOne Partners LLC, MineOne Wyoming Data Center LLC, Terra Crypto Inc. (Attachments: # 1 Exhibit A - Notice of Intent to Serve Subpoena, # 2 Exhibit B - Email Transmittal of Subpoena to JWJ Technology LLC, # 3 Exhibit C - 08-26-24 Letter to P Murphy re 08-22 Order, # 4 Exhibit D - 07-23-24 P. Murphy Deposition Schedule Ltr, # 5 Exhibit E - 08-16-24 P. Murphy Ltr to Judge Hambrick Excerpts, # 6 Exhibit F - 08-22-24 P. Murphy Ltr re Deposition Scheduling Conferral, # 7 Exhibit G - 07-25-24 - BCB Fourth Supplemental Rule 26 Disclosures) (Colbath, Paula) (Entered: 10/07/2024)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/404427526/","id":404427526,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67320886/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/427498357/","id":427498357,"tags":[],"absolute_url":"","date_created":"2025-01-17T09:50:43.448532-08:00","date_modified":"2025-09-23T09:32:31.688921-07:00","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":"Motions No Longer Referred","acms_document_guid":""}],"date_created":"2024-10-07T08:58:04.297852-07:00","date_modified":"2025-09-23T09:32:31.665991-07:00","date_filed":"2024-10-07","time_filed":null,"entry_number":null,"recap_sequence_number":"2024-10-07.001","pacer_sequence_number":null,"description":"Motions No Longer Referred: 382 MOTION for Order EX PARTE Motion for Order to File Joint Defense Agreement as Non-Public and as Attorneys' Eyes Only (Court Staff, ssw)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/404336074/","id":404336074,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67320886/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414840615/","id":414840615,"tags":[],"absolute_url":"/docket/67320886/383/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-04T17:07:24.495035-07:00","date_modified":"2025-09-23T09:32:31.649553-07:00","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":"383","attachment_number":null,"pacer_doc_id":"20702488957","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Memorandum in Opposition to Motion","acms_document_guid":""}],"date_created":"2024-10-04T17:07:24.476987-07:00","date_modified":"2025-09-23T09:32:31.618777-07:00","date_filed":"2024-10-04","time_filed":"17:55:15","entry_number":383,"recap_sequence_number":"2024-10-04.003","pacer_sequence_number":1263,"description":"NON-PUBLIC DOCUMENT pursuant to the Judicial Conference Policy on Privacy and Public Access - MEMORANDUM in Opposition to 365 MOTION to Strike 285 Designation of Experts Designation of Expert Witnesses by Defendants MineOne Partners LLC, MineOne Wyoming Data Center LLC, Terra Crypto Inc. MOTION for Protective Order MOTION to Quash MOTION for Order filed by Defendants MineOne Partners LLC, MineOne Wyoming Data Center LLC, Terra Crypto Inc. (Attachments: # 1 Exhibit 1 - Excerpts of 9/17/2024 Transcript of Mr. Patrick Gahans Deposition Testimony, # 2 Exhibit 2 - Placeholder for Ex. 2, # 3 Declaration of Paula K. Colbath) (Colbath, Paula) (Attachment 2: removed blank page 2 and replaced on 10/8/2024) (Court Staff, stmo). Modified text on 10/8/2024 (Court Staff, stmo). (Entered: 10/04/2024)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/404327663/","id":404327663,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67320886/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414830332/","id":414830332,"tags":[],"absolute_url":"/docket/67320886/382/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-04T15:08:22.382401-07:00","date_modified":"2025-09-23T09:32:31.588013-07:00","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":"382","attachment_number":null,"pacer_doc_id":"20702488876","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Motion for Order","acms_document_guid":""}],"date_created":"2024-10-04T15:08:22.340342-07:00","date_modified":"2025-09-23T09:32:31.562719-07:00","date_filed":"2024-10-04","time_filed":"15:58:53","entry_number":382,"recap_sequence_number":"2024-10-04.002","pacer_sequence_number":1261,"description":"MOTION REFERRED TO Judge Stephanie A Hambrick NON-PUBLIC DOCUMENT pursuant to the Judicial Conference Policy on Privacy and Public Access - EX-PARTE DOCUMENT - MOTION for Order EX PARTE Motion for Order to File Joint Defense Agreement as NonPublic and as Attorneys' Eyes Only filed by Defendants MineOne Wyoming Data Center LLC, MineOne Partners LLC, Terra Crypto Inc. (Attachments: # 1 Proposed Order)(Larson, Sean) Modified on 10/7/2024 (Court Staff, sbh). (Entered: 10/04/2024)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/404258565/","id":404258565,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67320886/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414741339/","id":414741339,"tags":[],"absolute_url":"","date_created":"2024-10-04T08:21:56.735317-07:00","date_modified":"2025-09-23T09:32:31.536934-07:00","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":"Motions No Longer Referred","acms_document_guid":""}],"date_created":"2024-10-04T08:21:56.720323-07:00","date_modified":"2025-09-23T09:32:31.515126-07:00","date_filed":"2024-10-04","time_filed":"09:02:44","entry_number":null,"recap_sequence_number":"2024-10-04.001","pacer_sequence_number":null,"description":"Motions No Longer Referred: 379 MOTION for Extension of Time to File An Over-Length Response, 380 MOTION for Extension of Time. (Court Staff, ssw)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/404216136/","id":404216136,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67320886/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414684914/","id":414684914,"tags":[],"absolute_url":"/docket/67320886/381/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-03T17:21:34.978697-07:00","date_modified":"2025-09-23T09:32:31.499218-07:00","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":"381","attachment_number":null,"pacer_doc_id":"20702488117","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Memorandum in Opposition to Motion","acms_document_guid":""}],"date_created":"2024-10-03T17:21:34.959546-07:00","date_modified":"2025-09-23T09:32:31.472973-07:00","date_filed":"2024-10-03","time_filed":"17:41:31","entry_number":381,"recap_sequence_number":"2024-10-03.003","pacer_sequence_number":1254,"description":"NON-PUBLIC DOCUMENT pursuant to the Judicial Conference Policy on Privacy and Public Access - MEMORANDUM in Opposition to 379 MOTION for Extension of Time (Non-Dispositive) requesting extension of Time to File An Over-Length Response filed by Defendants MineOne Partners LLC, MineOne Wyoming Data Center LLC, Terra Crypto Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I) (Colbath, Paula) (Entered: 10/03/2024)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/404199266/","id":404199266,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67320886/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414664022/","id":414664022,"tags":[],"absolute_url":"/docket/67320886/379/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-03T14:19:00.468779-07:00","date_modified":"2025-09-23T09:32:31.379372-07:00","sha1":"edeac0844e130b5290d261543579cb13dc452d44","page_count":13,"file_size":312173,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.379.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.379.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 1:23-cv-00079-ABJ Document 379 Filed 10/03/24 Page 1 of 13\n\n\n\n\nPatrick J. Murphy, WSB No. 7-1779\nScott C. Murray, WSB No. 7-4896\nWILLIAMS, PORTER, DAY & NEVILLE, P.C.\n159 N. Wolcott, Ste. 400\nP.O. Box 10700 (82602)\nCasper, WY 82601\nEmail: pmurphy@wpdn.net\n smurray@wpdn.net\n\n IN THE UNITED STATES DISTRICT COURT\n\n FOR THE DISTRICT OF WYOMING\n\nBCB CHEYENNE LLC d/b/a BISON )\nBLOCKCHAIN, a Wyoming limited liability )\nCompany, . )\n )\n Plaintiff, )\n )\nv. ) Civil No. 23-CV-79\n )\nMINEONE WYOMING DATA CENTER, )\nLLC, a Delaware limited liability company; )\nMINEONE PARTNERS LLC, a Delaware )\nlimited liability company; TERRA CRYPTO )\nINC., a Delaware corporation; BIT ORIGIN, )\nLTD, a Cayman Island Company; )\nSONICHASH LLC, a Delaware limited )\nliability company; BITMAIN )\nTECHNOLOGIES GEORGIA LIMITED, )\na Georgia corporation; and JOHN DOES 1-18, )\nrelated persons and companies who control )\nor direct some or all of the named Defendants, )\n )\n Defendants. )\n\n\n PLAINTIFF\u2019S EXPEDITED MOTION FOR AN EXTENSION OF TIME TO\n FILE AN OVER-LENGTH RESPONSE TO THE MINEONE DEFENDANTS\u2019\n MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS [ECF 366]\n\n\n COMES NOW BCB Cheyenne LLC, through its counsel, Patrick Murphy, and pursuant to\n\nLocal Rule 7.1(b), hereby files this motion asking the Court to (a) allow BCB an over-length brief of\n\f Case 1:23-cv-00079-ABJ Document 379 Filed 10/03/24 Page 2 of 13\n\n\n\n\n25 pages to respond to the MineOne Defendants\u2019 25-page over-length Motion to Compel Discovery\n\nand for Sanctions [ECF 366] (\u201cMotion to Compel Discovery\u201d), and (b) granting BCB an extension of\n\ntime from October 4 to October 21, 2024 to file its Response/Opposition to the MineOne Defendants\u2019\n\nMotion to Compel Discovery. Because BCB\u2019s counsel, Patrick Murphy, and client representative\n\nMichael Murphy, have devoted all of their time and effort to supporting and pursuing the Parties\u2019 recent\n\nsettlement negotiations (September 29 \u2013 October 3, 2024), because the MineOne Defendants received\n\na three-day extension of time to file their 25-page Motion to Compel Discovery [ECF 366], and because\n\nthe Court granted the MineOne Defendants\u2019 request to file a 25-page over-length Motion to Compel\n\nDiscovery, and because Michael Murphy and Patrick Murphy need additional time to adequately\n\nresearch and write BCB\u2019s Response to the MineOne Defendants\u2019 25-page Motion to Compel Discovery,\n\nBCB respectfully asks the Court that it grant BCB an extension of time, through and including October\n\n21, 2024, to file a 25-page Response to the MineOne Defendants\u2019 Motion to Compel Discovery [ECF\n\n366]. In support of this Expedited Motion, BCB respectfully shows the Court as follows:\n\n 1. On September 16, 2024, over BCB\u2019s objection, Magistrate Judge Hambrick granted the\n\nMineOne Defendants a three-day extension of time, from September 17, 2024 to September 20, 2024\n\nto file their Motion to Compel Discovery [ECF 358].\n\n 2. On September 19, 2024, over BCB\u2019s objection, Magistrate Judge Hambrick granted\n\nMineOne Defendants leave to file a 25-page Motion to Compel Discovery [ECF 362].\n\n 3. On September 20, 2024 at 10:51 o\u2019clock p.m., the MineOne Defendants filed their 25-\n\npage Motion to Compel Discovery and for Sanctions, together with 30 exhibits [ECF 366]. The filing\n\nconsisted of 426 pages. Patrick Murphy first saw this pleading on Saturday morning, September 21,\n\n2024.\n\n 4. On Monday, September 23, 2024, BCB and Patrick Murphy took the deposition of\n\nYialing Guo with Bitmain Georgia. Mr. Guo was in Hong Kong for his Zoom deposition.\n\n\n 1\n\f Case 1:23-cv-00079-ABJ Document 379 Filed 10/03/24 Page 3 of 13\n\n\n\n\n 5. On Tuesday September 24, 2024 and Thursday, September 26, 2024 BCB and its\n\ncounsel timely filed a Response Brief [ECF 370] and a Reply Brief [ECF 377] to various motions.\n\nBoth of these pleadings took significant time to research and write.\n\n 6. On Thursday, September 26, 2024, counsel for all the Parties presented their oral\n\narguments to the Court on MineOne\u2019s motion to modify the 4/25/24 Revised Scheduling Order.\n\nEveryone agreed that the Court should push back, by three weeks, the deadlines for the Parties to file\n\ntheir dispositive motions, motions in limine, all other motions, their responses and replies thereto, and\n\nthe Joint Pretrial Memorandum. The Court then took the Parties\u2019 arguments and presentations under\n\nadvisement, but counsel for BCB believed the Court would soon push back those deadlines pursuant\n\nto the Parties\u2019 agreement and stipulation that such extensions were in everyone\u2019s best interests,\n\nincluding the Court\u2019s best interest.\n\n 7. On Friday, September 27, 2024 BCB and Patrick Murphy took the all-day deposition of\n\nErick Rengifo by Zoom. Much time was required of BCB\u2019s counsel and Michael Murphy to prepare\n\nfor taking Dr. Rengifo\u2019s deposition.\n\n 8. Patrick Murphy and BCB worked with BCB\u2019s Emory Patterson all day Saturday,\n\nSeptember 28, 2024 to prepare Mr. Patterson to give his deposition to MineOne and Paula Colbath on\n\nSeptember 30, 2024 the deposition discovery cutoff.\n\n 9. In any extra time between September 24-28, 2024, Patrick Murphy and Michael Murphy\n\ncontinued researching BCB\u2019s future Response to the MineOne Defendants\u2019 9/20/24 Motion to Compel\n\nDiscovery.\n\n 10. Then, early Sunday morning, September 29, 2024, something positive finally happened.\n\nPaula Colbath called Pat Murphy. Pat Murphy returned Ms. Colbath\u2019s call at/near 8:20 a.m. that\n\nSunday morning, right before walking into 8:30 Mass. Ms. Colbath and Patrick Murphy discussed that\n\neach of our client representatives \u2013 Michael Murphy for BCB and Erick Rengifo for the MineOne\n\n\n 2\n\f Case 1:23-cv-00079-ABJ Document 379 Filed 10/03/24 Page 4 of 13\n\n\n\n\nDefendants \u2013 now wanted to talk directly to each other to explore potential settlement of this entire\n\ncase. Patrick Murphy and Paula Colbath agreed, on that Sunday morning phone call, it was hugely\n\nimportant that their clients meet with each other, without any of the lawyers, to explore and dialogue\n\nwith each other to pursue a global settlement dialogue. Both Mr. Murphy and Ms. Colbath told each\n\nother these renewed settlement negotiations between BCB (Michael Murphy) and the MineOne\n\nDefendants (Erick Rengifo) were so important that: (a) Paula Colbath suggested that she postpone\n\ntaking Emory Patterson\u2019s deposition the next day (September 30), and (b) Patrick Murphy agreed to\n\nvacate Emory Patterson\u2019s deposition the next day, and provide Mr. Patterson for his deposition on a\n\nmutually convenient date later in October, should the Parties\u2019 new settlement negotiations not bear\n\nfruit. Patrick Murphy provided Michael Murphy\u2019s cell phone number to Paula Colbath so Ms. Colbath\n\ncould provide it to Erick Rengifo (so Dr. Rengifo could call Michael Murphy to arrange for a Zoom\n\nsettlement call later that day). See \u201cExhibit A.\u201d While Patrick Murphy was in 8:30 a.m. Sunday\n\nmorning Mass, Paula Colbath emailed Patrick Murphy, saying:\n\n This will also confirm our conversation that we will not go forward tomorrow with Emory\n Patterson\u2019s deposition, as the parties are focused on efforts to resolve the matter. If settlement\n discussions are unsuccessful, you agreed to provide a date in the future for Mr. Patterson\u2019s\n deposition. If my understanding of our conversation is accurate please let me know ASAP. Id.\n (emphasis added).\n\n\n 11. In our 9/29/24 phone call, Ms. Colbath and Mr. Murphy expressed to each other that\n\nthese [new] settlement negotiations were the most important thing we could do to aid and assist our\n\nclients in the coming days, and potentially the entire week. Patrick Murphy told Ms. Colbath he would\n\nfocus all his time and effort this week helping and assisting BCB reach a settlement with all Defendants.\n\n 12. Michael Murphy and Erick Rengifo had the first of their multiple Rule 408 Zoom\n\nsettlement calls with each other on Sunday night, September 29, 2024. They have continued having\n\nZoom settlement calls every day since then, and they are often joined on these Zoom settlement calls\n\n\n\n 3\n\f Case 1:23-cv-00079-ABJ Document 379 Filed 10/03/24 Page 5 of 13\n\n\n\n\nby MineOne\u2019s Jiaming Li and BCB\u2019s Emory Patterson. Michael Murphy and Dr. Rengifo have had\n\nthree Zoom settlement calls this morning, October 3, 2024, to continue working on final settlement\n\ndetails. They have a fourth Zoom call scheduled early this evening.\n\n 13. On Tuesday, October 1, 2024, Michael Murphy told Patrick Murphy that, following his\n\nlate-day Zoom settlement call with Erick Rengifo and Jiaming Li, he (Michael Murphy) believed that\n\nthe Parties had reached a \u201csettlement framework in principle on their extended Zoom settlement call\n\nearly this morning.\u201d Patrick Murphy then sent his October 2, 2024 email to Paula Colbath saying:\n\n Michael Murphy is now reporting to me that he, Erick and Jiaming just reached a settlement\n framework in principle on their extended Zoom settlement call early this morning. And that each\n of them expressed to one another, at the end of their Zoom call, they have a settlement framework\n in principle.\n\n Michael also says we need to \u201cpaper\u201d this settlement framework, starting immediately.\n\n Michael and I will take the laboring oar with writing the proposed draft of the written settlement\n agreement.\n\n And we will use, as our template, much of the language and organization in our BCB/Bitmain\n Georgia Settlement Agreement.\n\n Would you please reach out to Erick and Jiaming to confirm this, Paula?\n\n It is urgent, Michael says, that the Court be able to distribute the attached funds (currently\n invested, through the registry of the Court, with the Department of the Treasury, the Clerk tells\n me) ASAP\u2026so the Parties can invest their allocated funds in Bitcoin ASAP.\n\nSee \u201cExhibit B.\u201d Ms. Colbath replied, saying, \u201cI understand your side is drafting the settlement\n\nagreement and we look forward to reviewing it soon.\u201d Id.\n\n 14. At 9:52 p.m. Mountain Time on October 2, 2024, Michael Murphy emailed Paula\n\nColbath, Erick Rengifo and Jiaming Li with the near-complete draft Settlement Agreement BCB\n\n(Michael Murphy) worked so hard to write on October 2, 2024. The MineOne Defendants and their\n\ncounsel now have the nearly-completed proposed Settlement Agreement. And Patrick Murphy emailed\n\nMs. Colbath throughout the day on October 2, 2024 with details and the suggested mechanics for\n\n\n\n 4\n\f Case 1:23-cv-00079-ABJ Document 379 Filed 10/03/24 Page 6 of 13\n\n\n\n\neffectuating the Parties\u2019 Settlement Agreement, including the proposed distribution of the 10/2/24\n\ncurrent balance of $15,253,384.96 of attached (Writ) funds in the Registry of the Court. See Patrick\n\nMurphy\u2019s 10/2/24 10:25 email to Paula Colbath (\u201cExhibit C\u201d).\n\n 15. But we need to back up to Tuesday, October 1, 2024 (while settlement negotiations were\n\nbeing had in earnest between Michael Murphy, Dr. Rengifo, and Dr. Li). Patrick Murphy wrote an\n\nextensive email to Paula Colbath at 4:26 p.m. that afternoon, copying Marc Gottlieb. See \u201cExhibit\n\nD.\u201d In that email, Patrick Murphy told Paula Colbath (and Marc Gottlieb) the following:\n\n Thank you for your phone call on Sunday morning before my 8:30 am Mass. Our client\n representatives are talking and Zooming, trying to discern a path toward a global settlement. That\n goal is important to each and all of us. And I appreciate you encouraging this settlement dialogue\n between our client representatives . . .\n And, suddenly, BCB feels our clients made a meaningful and significant \u201cbreakthrough\u201d in their\n most recent Zoom settlement call, to wit, an idea is now on the table that could materialize and\n mature into a global resolution. BCB has made significant moves toward global resolution, and\n BCB wants to continue on this path to resolution. Michael and Emory feel Erick and Jiaming do,\n too. And, as I understand it from Michael and Emory, another Zoom settlement call is scheduled\n this evening [and our clients have already had two Zoom settlement calls today].\n I know you hit the \u201cpause button\u201d on your Sunday preparation for Emory Patterson\u2019s\n deposition. And you vacated Emory\u2019s September 30 deposition with my assurance that I will later\n provide Emory for your deposition of him at a future time that is mutually convenient for you,\n Emory and me.\n Actually, each of us hit the \u201cpause button\u201d on the lawsuit/litigation activity to instead dedicate\n our best efforts and support to helping our respective clients discuss, and hopefully reach, a\n global settlement this week, perhaps very early next week. I know this: all of my efforts the last\n 56 hours are wholly devoted to helping Michael and BCB reach a compromise settlement with\n all remaining Defendants. And I know this, too: all of my efforts in the coming hours and days\n will be dedicated to seeking a settlement, not litigating.\n In this spirit, which I believe you share, I write to suggest that we do some things to help each of\n us and our clients. Given the fact that dispositive motions are currently due this Friday, October\n 4, and given the fact we haven\u2019t yet received Judge Johnson\u2019s Order on our stipulated request to\n push back all the briefing deadlines three weeks, and given the fact you and I are using all our\n efforts to promote and aid our clients with their new (9/29/24 and ongoing) settlement efforts, I\n think you and I should agree to a few things.\n I think I should agree to grant you an extension of time to file Responses to any motions BCB\n has filed that MineOne hasn\u2019t already responded to. The two motions that come to mind are\n\n\n 5\n\f Case 1:23-cv-00079-ABJ Document 379 Filed 10/03/24 Page 7 of 13\n\n\n\n\n BCB\u2019s 9/20/24 Motion to quash and strike withdrawn Bitmain Georgia expert John Hayward, and\n BCB\u2019s Motion to Quash/strike MineOne\u2019s Subpoena on JWJ Technology, LLC. If there is another\n outstanding BCB motion, I can\u2019t now recall it.\n And I would like your agreement to do the same for BCB serving its Response to MineOne\u2019s 25-\n page Motion to Compel Discovery. Michael Murphy is heavily involved with researching and\n drafting BCB\u2019s [future] Response to that Motion, but all of Michael\u2019s time and effort is being put\n 100% into his settlement dialogue with Erick and Jiaming. And, if our clients don\u2019t settle, I\n would be seeking your consent to file a parallel 25-page Response, as well as some extra days \u2014\n like MineOne was granted \u2014 to serve BCB\u2019s Response.\n So here\u2019s my thought while our clients dedicate themselves to this \u201cnew\u201d settlement dialogue. I\n would agree that MineOne have two weeks after the cessation of these settlement talks to file\n their Responses to BCB\u2019s Motions. And I would appreciate MineOne granting BCB the same\n two-week extension to file its Response to MineOne\u2019s Motion to Compel Discovery \u2014 beginning\n when you and I jointly declare these new settlement efforts are at an impasse.\n Finally, I feel you and I should jump on a quick call this afternoon and ask to speak to Judge\n Johnson\u2019s judicial assistant, Sarah. We should inform the Court that, starting last Sunday, our\n client representatives are having face-to-face settlement dialogue (with both parties wanting and\n trying to reach a global settlement). That, as their counsel, you and I encouraged and help enable\n these settlement discussions. That these \u201cnew\u201d negotiations are being conducted in\n earnest. And, while we don\u2019t know if our clients will reach a settlement, we, as their counsel, are\n dedicating our current efforts to helping (if only in the background), and not to litigating. And,\n while we are not requesting or pushing for the Court to enter any quick Order on the substantive\n issues we discussed in the September 26 hearing with His Honor, both of us would appreciate the\n Court quickly entering a short Order pushing back all the briefing deadlines by three weeks (as\n all Parties agree should happen) (bold and italics emphasis added).\nMs. Colbath wrote her reply email to Patrick Murphy very shortly thereafter. Id. Ms. Colbath said:\n\n Pat: I just Zoomed with Drs. Rengifo and Li. I have been advised that there is a settlement\n framework under discussion, but as we know as lawyers, the devil is always in the details. I\n understand your side is drafting the settlement agreement and we look forward to reviewing it\n soon. In the meantime, we must all honor the deadlines we currently face, including getting\n Emory\u2019s deposition on the schedule for next Wednesday. Hopefully, we will have an inked deal\n before then, maybe as early as this week. Once we receive your draft settlement agreement, we will\n review it with our clients and get back to you ASAP with our comments.\n\n Again, we are on standby to review the draft settlement agreement that I understand Michael is\n working on.\n\n 16. Yesterday, October 2, 2024, Patrick Murphy again wrote to Ms. Colbath, saying:\n\n Let me provide the following information before you and I jump on a call to Judge Johnson\u2019s\n chambers to ask the Court to issue a short order pushing back our briefing deadlines by three\n weeks, and also issue the Court\u2019s written Order granting our joint request to push back BCB\u2019s\n\n 6\n\f Case 1:23-cv-00079-ABJ Document 379 Filed 10/03/24 Page 8 of 13\n\n\n\n\n Response deadline on the Motion to Compel to two weeks after any settlement impasse, and also\n pushing back \u2013 by two weeks \u2013 whatever briefing due date(s) MineOne may want.\n\n 1. The Clerk of the District Court just told me the current balance (as of today, October 2), in the\n court registry, is $15,253,384.96. The Clerk also advised me that it could take anywhere from\n 4-10 days from the date Judge Johnson signs an Order releasing and distributing the funds for\n the Clerk to be able to wire our clients their monies. She said the \u201cminimum time\u201d is three\n days, and was just speculating beyond that.\n\n 2. I have depositions already scheduled in my Thunderhead Ranch case on October 9-11 and 14,\n as well as a mediation in that case. The earliest date I am available for Emory Patterson\u2019s\n deposition is Tuesday, October 15. I just moved something to make October 15 available for\n Emory\u2019s deposition (should we ever need it).\n\n 3. Michael and I are getting crackin\u2019 on the draft Settlement Agreement.\n\n Thank you, Paula.\n\nSee Patrick Murphy\u2019s 10/2/24 email to Paula Colbath (\u201cExhibit E\u201d) (emphasis added).\n\n Ms. Colbath quickly replied to Patrick Murphy\u2019s October 1 email. Ms. Colbath wrote:\n\n Pat: I\u2019ve now had a chance to read your entire email and do think what your proposing makes\n sense under the circumstances. I want to have a quick call with my team to make sure that I\n understand all upcoming deadlines for all of us and then I\u2019m agreeable to make a all to Judge\n Johnson\u2019s Chambers once you, me and Marc agree on a proposed timeline.\n\n Paula\n\nSee \u201cExhibit D\u201d (emphasis added). Yes, it makes perfect sense.\n\nBut, surprisingly, Ms. Colbath then wrote back to Mr. Murphy that same day, saying:\n\n Pat: I\u2019m sorry if I have not been clear. I\u2019m not authorized to consent to any further extensions\n of time on any filings. As you know, the MineOne Defendants filed a motion, which is fully\n briefed and pending decision before Judge Johnson, requesting a 3 week extension of time to dates\n relating to motions for summary judgment, motions in limine, and the Pre-Trial Order. You\n consented to extend those dates and Judge Johnson heard oral argument from us. I don\u2019t see any\n reason that we should be contacting g to contacting (sic) Judge Johnson\u2019s Chambers. To be clear,\n except for the dates that are the subject of the pending motion, we intend to adhere to the current\n deadlines.\n\n Please keep me posted as to when you think you will be sending me a draft settlement agreement,\n so that I can carve out time in my schedule to review it.\n\nId. (emphasis added) (\u201cExhibit F\u201d).\n\n\n\n 7\n\f Case 1:23-cv-00079-ABJ Document 379 Filed 10/03/24 Page 9 of 13\n\n\n\n\n Then, in the evening of October 2, 2024, Ms. Colbath, on her meet and confer on this instant\n\nmotion, replied to Pat Murphy saying, in part:\n\n Your gall knows no limits . . . we vehemently oppose your requested time extension to October\n 29. With regard to your request for a page extension (to 25 pages), we are agreeable to afford the\n same number of pages we were afforded, namely, 25 pages solely on the condition that BCB\n agrees to afford the MineOne Defendants 10 pages for their Reply. We look forward to\n receiving your Opposition on Friday, October 4th. Id. (emphasis in original).\n\nSee \u201cExhibit G.\u201d\n\n 17. So now, after Ms. Colbath told Patrick Murphy she \u201cthink[s] what [Pat Murphy was\n\nproposing about pushing back the briefing deadlines by three weeks, and \u201cMineOne granting BCB the\n\nsame two-week extension to file its Response to MineOne\u2019s Motion to Compel discovery \u2013 beginning\n\nwhen you and I jointly declare these new settlement agreement efforts are at an impasse\u201d] makes sense\n\nunder the circumstances,\u201d and she is agreeable to make a quick call to Judge Johnson\u2019s chambers once\n\nyou, me and Marc agree on a proposed timeline,\u201d Ms. Colbath now reverses course and is not willing\n\nto consent to BCB having any extension on BCB\u2019s October 4, 2024 deadline to file its Response to the\n\nMineOne Defendants\u2019 Motion to Compel Discovery and for Sanctions.\n\n 18. Ms. Colbath\u2019s sudden reversal comes even after: 1) Ms. Colbath knows that all of BCB\u2019s\n\nSeptember 29-October 3 efforts have been spent trying to settle this case; 2) MineOne received an\n\nextension of time to file its Motion to Compel Discovery and for Sanctions; 3) MineOne received the\n\nCourt\u2019s permission to file a 25-page over-length Motion to Compel Discovery; and 4) no harm or\n\nprejudice will befall MineOne by granting BCB an extension of time, through October 21, to file its\n\nResponse to MineOne\u2019s Motion to Compel Discovery and for Sanctions. Having been granted its own\n\nextension of time to file its 25-page Motion to Compel, it is unfathomable that MineOne will not agree\n\nthat BCB should receive any extension to file its Response.\n\n 19. Nevertheless, Patrick Murphy continued to confer with Ms. Colbath about her requested\n\nconsent to both this First Expedited Motion and BCB\u2019s Second Expedited Motion to push back the\n\n\n 8\n\f Case 1:23-cv-00079-ABJ Document 379 Filed 10/03/24 Page 10 of 13\n\n\n\n\nagreed briefing deadlines by three weeks. See Patrick Murphy\u2019s October 2, 2024 email to Paula\n\nColbath and Ms. Colbath\u2019s October 3, 2024 reply email (where Ms. Colbath seemingly will not now\n\nagree to any extension for BCB to file its Response to MineOne\u2019s Motion to Compel Discovery. See\n\n\u201cExhibit E\u201d and \u201cExhibit F.\u201d\n\n 20. The interests of justice require that BCB be given a short extension of time \u2013 from\n\nOctober 4 to October 21, 2024 \u2013 to research, write and present its thoughtful and best work product to\n\nthe Court in its forthcoming Response to MineOne\u2019s Motion to Compel Discovery. BCB and its\n\ncounsel have not had the time or opportunity to research or write their Response as of October 3, 2024.\n\nAll of Patrick Murphy\u2019s efforts, and Michael Murphy\u2019s efforts, have been focused for these last 18 days\n\non all the litigation and settlement activity described above. Should settlement fail in the coming days,\n\nPatrick and Michael Murphy need until October 21, 2024 to research and write their Response to\n\nMineOne\u2019s Motion to Compel Discovery.\n\n 21. MineOne will suffer no prejudice if the Court grants BCB this short extension of time.\n\nMineOne has yet to provide BCB with available dates for BCB\u2019s requested depositions of MineOne\u2019s\n\nJiaming Li and Haku Du, despite Judge Hambrick\u2019s September 9 Order where Judge Hambrick ordered\n\nMineOne to produce their available dates \u201cas soon as possible.\u201d [ECF 339]. The deposition discovery\n\ncutoff ended on September 30, and MineOne never provided any deposition dates for Dr. Li or Ms. Du.\n\nBCB\u2019s counsel agreed to make Emory Patterson available for his re-scheduled deposition, and that will\n\nhappen if there is no settlement. MineOne has not articulated any actual prejudice with receiving\n\nBCB\u2019s Response on October 21 (instead of October 4). MineOne clearly does not want BCB to have\n\nthe opportunity to present its best and most thoughtful Response to the Court. MineOne wants to jam\n\nand pressure BCB and its counsel into providing an ill-prepared Response during the week Michael\n\nand Patrick Murphy are totally focused on pursuing, and reaching, a global settlement of this case this\n\nweek. This is unjust.\n\n\n 9\n\f Case 1:23-cv-00079-ABJ Document 379 Filed 10/03/24 Page 11 of 13\n\n\n\n\n 22. There is more. MineOne wrongfully links its consent that BCB be allowed 25-pages\n\nfor its Response to MineOne receiving 10 pages for its future Reply. This, too, is unjust and unneeded.\n\nMineOne received 25 pages and BCB should receive the same 25 pages. Any issue as to whether\n\nMineOne should also receive 10 pages for its 5-page Reply is premature. BCB knows that MineOne\n\ndoes not need 10 pages for its Reply, and MineOne is wrongfully linking its consent for BCB\u2019s 25-page\n\nResponse to MineOne getting double the pages it needs for any Reply.\n\n CONCLUSION\n\n BCB Cheyenne LLC and its counsel, Patrick Murphy, respectfully request that the Court\n\nquickly enter its Order granting BCB an extension of time from October 4 to October 21, 2024 to file\n\nits 25-page Response to the MineOne Defendants\u2019 25-page Motion to Compel Discovery and for\n\nSanctions [ECF 366]. A [proposed] Order is attached for the Court\u2019s consideration.\n\n DATED this 3rd day of October, 2024.\n\n BCB CHEYENNE LLC d/b/a\n BISON BLOCKCHAIN, Plaintiff\n\n By: /s/ Patrick J. Murphy\n Patrick J. Murphy (WSB No. 5-1779)\n Scott C. Murray (WSB No. 7-4896)\n Williams, Porter, Day & Neville, PC\n 159 N Wolcott St. Suite 400\n Casper, WY 82601\n Ph: (307) 265-0700\n pmurphy@wpdn.net\n smurray@wpdn.net\n\n\n\n\n 10\n\f Case 1:23-cv-00079-ABJ Document 379 Filed 10/03/24 Page 12 of 13\n\n\n\n\n CERTIFICATE OF SERVICE\n\n The undersigned does hereby certify that a true and correct copy of the foregoing\ndocument was served upon counsel as indicated below this 3rd day of October 2024.\n\n Sean M. Larson, WSB No. 7-5112 [ ] U.S. Mail (prepaid)\n Kari Hartman, WSB No. 8-6507 [x] CM/ECF Electronic Transmission\n HATHAWAY & KUNZ, LLP [ ] Overnight Delivery\n P.O. Box 1208 [ ] Hand Delivery\n Cheyenne, WY 82001 [ ] Electronic Mail\n slarson@hkwyolaw.com\n khartman@hkwyolaw.com\n\n Marc S. Gottlieb [ ] U.S. Mail (prepaid)\n ORTOLI ROSENSTADT, LLP [x] CM/ECF Electronic Transmission\n 366 Madison Avenue, 3rd Floor [ ] Overnight Delivery\n New York, NY 10017 [ ] Hand Delivery\n msg@orllp.legal [ ] Electronic Mail\n\n Meggan J. Hathaway [ ] U.S. Mail (prepaid)\n Jane M. France [x] CM/ECF Electronic Transmission\n SUNDAHL, POWERS, KAPP & MARTIN, LLC [ ] Overnight Delivery\n 500 W. 18th Street, Ste. 200 [ ] Hand Delivery\n Cheyenne, WY 82003 [ ] Electronic Mail\n mhathaway@spkm.org\n jfrance@spkm.org\n\n Paula Colbath, Pro Hac Vice [ ] U S. Mail (prepaid)\n Alex Inman, Pro Hac Vice [x] CM/ECF Electronic Transmission\n David Forrest, Pro Hac Vice [ ] Overnight Delivery\n Leily Lashkari, Pro Hac Vice [ ] Hand Delivery\n LOEB & LOEB LLP [ ] Electronic Mail\n 345 Park Avenue New York, NY 10154\n pcolbath@loeb.com\n ainman@loeb.com\n dforrest@loeb.com\n llashkari@loeb.com\n\n\n\n\n 11\n\fCase 1:23-cv-00079-ABJ Document 379 Filed 10/03/24 Page 13 of 13\n\n\n\n\n By: /s/ Patrick J. Murphy\n Patrick J. Murphy\n\n\n\n\n 12\n\f","ocr_status":2,"date_upload":"2025-01-17T10:18:11.132706-08:00","document_number":"379","attachment_number":null,"pacer_doc_id":"20702487873","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Motion for Extension of Time (Non-Dispositive)","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414976165/","id":414976165,"tags":[],"absolute_url":"/docket/67320886/379/1/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-07T08:58:57.787992-07:00","date_modified":"2025-01-17T10:18:11.706417-08:00","sha1":"900dcb21b347c107696418e58ba463d8c7225629","page_count":5,"file_size":898637,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.379.1_1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.379.1.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:23-cv-00079-ABJ Document 379-1 Filed 10/03/24 Page 1 of 5\n\n\n\n\n EXHIBIT\n\f Case 1:23-cv-00079-ABJ Document 379-1 Filed 10/03/24 Page 2 of 5\n\n\nPatrick Murphy\n\nFrom: Paula Colbath \nSent: Sunday, September 29, 2024 8:51 AM\nTo: Patrick Murphy\nCc: Marc Gottlieb; murf@bcbv.net\nSubject: Re: BCB: Yiliang Guo Exhibits 1 7\n\n\nNoted and passed on.\n\nThis will also confirm our conversation that we will not go forward tomorrow with Emory Patterson\u2019s deposition, as the\nparties are focused on efforts to resolve the matter. If settlement discussions are unsuccessful, you agreed to provide a\ndate in the future for Mr. Patterson\u2019s deposition. If my understanding of our conversation is inaccurate, please let me\nknow ASAP.\n\nRegards,\nPaula\n\n\n\n\nPaula Colbath\nPartner\n \u2022LOEB&\n LOEB\n345 Park Avenue I New York NY 10154\nDirect Dial: 212.407 4905 Fax: 212 407 4990 E-mail: pcolbath(\u00e4~loeb.com\nLos Angeles New York Chicago Nashville Washington, DC I San Francisco I Beijing Hong Kong www.loeb.com\n\n\n Mansfield Rule\n Certified 2022-2023 ~\n /\n\nCONFIDENTIALITh\u2019 NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is\nlegally privileged. II you are not the intended recipient or a person responsible tot delivering it to the intended recipient you are hereby notified that any disclosure,\ncopying, distribution 01 use of any ol the information cotitained in or attached to this tiansrnission is STRICTLY PROHIBITED, II you have teceived this transmission in\nci ror, please immediately notily the sendet. Please destroy the original transmission and its attachments without reading o\u2019 saving in an~ manner Thank you Loch &\nLoeb LIP\n\n\n\n\nFrom: Patrick Murphy \nSent: Sunday, September 29, 2024 10:30:46 AM\nTo: Paula Colbath \nCc: Marc Gottlieb ; murf@bcbv.net \nSubject: Re: BCB: Viliang Guo Exhibits 1-7\n\n\n\nPaula: michael Murphy\u2019s cell phone is (720) 222-3355.\n\f Case 1:23-cv-00079-ABJ Document 379-1 Filed 10/03/24 Page 3 of 5\n\nMichael would like to Zoom with Erick this morning or early afternoon.\n\nHeaded into Mass now.\n\nPat\n\n\n\n On Sep 23, 2024, at 5:45 PM, Patrick Murphy wrote:\n\n\n Thank you for letting me know this, Paula.\n\n Pat\n\n\n\n On Sep 23, 2024, at 5:40 PM, Paula Colbath wrote:\n\n\n I have no exhibits.\n\n\n\n Paula Colbath\n Partner\n \n\n\n 345 Park Avenue I New York, NY 10154\n Direct Dial: 212.407.4905 Fax: 212.407.4990 E-mail: pcoIbath~Ioeb corn\n Los Angeles New York Chicago Nashville Washington, DC I San Francisco I Beijing I Hong Kong\n www.loeb.com\n\n\n \n\n\n\n CONFIDENTIALITY NOTICE: This e-mail transmission, and ans\u2019docurnents files or previous e-mail messagesattached to it\n may contain confidential information that is legally privileged If you are not the intended recipient, or a peison\n responsible for deliveiing it to the intended recipient, you are hereby notified that any disclosuic, Copying, distribution or\n use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received\n this transmission in error, please immediately notify the sendei. Please destroy the original transmission and its\n attachments without reading oi saving in any manner Thank you Loch & Loch LLP\n\n\n\n\n From: Patrick Murphy \n Sent: Monday, September 23, 2024 7:06:07 PM\n To: Paula Colbath ; Marc Gottlieb ; Feinstein,\n Marc \n Cc: Stutz, Kate ; Iden, David ;\n dhirsch@omm.com ; Pao, Will ; Khale J.\n Lenhart ; Wendy Trembath ;\n Alex Inman ; David Forrest ; Leily Lashkari\n ; Sean Larson ; Kari Hartman\n 2\n\fCase 1:23-cv-00079-ABJ Document 379-1 Filed 10/03/24 Page 4 of 5\n\n \n Subject: RE: BCB: Viliang Guo Exhibits 1-7\n\n\n\n Paula and Marc:\n\n I am waiting to receive your depositions exhibits by email. Could you please\n send those to me now so I can print them? Thank you!\n\n I assume you received the seven exhibits that I sent you with this morning\u2019s\n email; right?\n\n Pat\n\n Patrick i. Murphy\n \n Attorney at Law\n WPDN.NET Office: 307-265-0700\n pmurphy@wDdn.net\n 159 N. Wolcott St. Suite 400(82601)\n P.O. Box 10700\n Casper, WY 82602\n ; Marc Gottlieb ; Feinstein,\n Marc \n Cc: Stutz, Kate ; Iden, David ;\n dhirsch@omm.com; Pao, Will ; Khale J. Lenhart\n ; Wendy Trembath ;\n ainman@loeb.com; David Forrest ; Leily Lashkari\n ; Sean Larson ; Kari I-Iartman\n \n Subject: FW: BcB: Viliang Guo Exhibits 1-7\n\n Dear Counsel:\n\n Attached please find courtesy copies of the seven (7) exhibits I have marked for Viliang\n Guo\u2019s Zoom deposition this evening. I want all of you to have easy and ready access to\n all seven (7) exhibits. I do not anticipate \u201cscreen sharing\u201d during my direct examination\n of Mr. Guo. Instead, I will just refer to these seven (7) exhibits.\n\f Case 1:23-cv-00079-ABJ Document 379-1 Filed 10/03/24 Page 5 of 5\n\n Just so you know, these are exactly the same seven (7) exhibits that are attached to Mr.\n Cuo\u2019s Mediation Affidavit. So all of you already have them.\n\n I will ask Wendy Trembath to forward this email to our court reporter, Randy Hatlestad.\n\n Paula and Marc 6: Would you please do me the return favor of sending me all of the\n documents you are going to use or mark as deposition exhibits for Mr. Guo? Thank you\n in advance.\n\n Thank you.\n\n Pat Murphy\n\n\n Patricki. Murphy\n mageOOl.png>\n Attorney at Law\n WPDN.NET Office: 307-265-0700\n pm urphy(~wpd n .net\n 159 N. Wolcott St. Suite 400 (82601)\n P.O. Box 10700\n Casper, WY82602\n \n \n \n\n\n\n\nThis email has been scanned for spam and viruses. Click to report this email as spam.\n\f","ocr_status":2,"date_upload":"2025-01-17T10:18:11.706134-08:00","document_number":"379","attachment_number":1,"pacer_doc_id":"20702487874","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414976166/","id":414976166,"tags":[],"absolute_url":"/docket/67320886/379/2/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-07T08:58:57.826428-07:00","date_modified":"2025-01-17T10:18:12.247486-08:00","sha1":"629ceb681c287f7c01998c89f898363025ec0811","page_count":4,"file_size":883563,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.379.2_1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.379.2.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:23-cv-00079-ABJ Document 379-2 Filed 10/03/24 Page 1 of 4\n\n\n\n\n EXHIBIT\n B\n\f Case 1:23-cv-00079-ABJ Document 379-2 Filed 10/03/24 Page 2 of 4\n\n\n\nPatrick Murphy\n\nFrom: Paula Colbath \nSent: Wednesday, October 2, 2024 9:58 AM\nTo: Patrick Murphy\nCc: Marc Gottlieb; MineOne-BCB; Masterson\nSubject: RE: BCB, Minecne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This\n Afternoon.\n\n\nPat: I just Zoomed with Drs. Rengifo and Li. I have been advised that there is a settlement framework under discussion\nbut as we know as lawyers, the devil is always in the details. I understand your side is drafting the settlement agreemen\nand we look forward to reviewing it soon. In the meantime, we must all honor the deadlines we currently face, including\ngetting Emory\u2019s deposition on the schedule for next Wednesday. Hopefully, we will have an inked deal before then,\nmaybe as early as this week. Once we receive your draft settlement agreement, we will review it with our clients and\nget back to you ASAP with our comments\n\nAgain, we are on standby to review the draft settlement agreement that I understand Michael is working on\n\nRegards,\nPaula\n\nFrom: Patrick Murphy \nSent: Wednesday, October 2, 2024 11:37 AM\nTo: Paula Colbath \nCc: Marc Gottlieb ; MineOne-BCB ; Masterson \nSubject: RE: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This Afternoon.\n\n\n\n\nDear Paula:\n\nMichael Murphy is now reporting to me that he, Erick and Jiaming just reached a settlement framework in\nprinciple on their extended Zoom settlement call early this morning. And that each of them expressed to one\nanother, at the end of their Zoom call, they have a settlement framework in principle.\n\nMichael also says we need to \u201cpaper\u201d this settlement framework, starting immediately.\n\nMichael and I will take the laboring oar with writing the proposed draft of the written settlement agreement.\n\nAnd we will use, as our template, much of the language and organization in our BCB/Bitmain Georgia\nSettlement Agreement.\n\nWould you please reach out to Erick and Jiaming to confirm this, Paula?\n\nIt is urgent, Michael says, that the Court be able to distribute the attached funds (currently invested, through the\nregistry of the Court, with the Department of the Treasury, the Clerk tells me) ASAP. .so the Parties can invest\n .\n\n\ntheir allocated funds in Bitcoin ASAP.\n\f Case 1:23-cv-00079-ABJ Document 379-2 Filed 10/03/24 Page 3 of 4\n\nI know lawyers often like to say, \u201ctime is of the essence,\u201d but time and getting the allocated monies invested\nin Bitcoin truly is of the essence here. So much so that Michael and I hope to provide you with a draft\nSettlement Agreement by the end of the day or very early tomorrow. Our hope is that Judge Johnson would be\nable to sign an Order di tributing all the attached funds, and all of their accrued interest sometime this Friday.\n\nThank you, Paula.\n\nPat Murphy\n\n ~ Patricki. Murphy\n Attorney at Law\n - Office: 307-265-0700\n X I\u2019.IIIJ fl\n pmurphy@wpdn net\n 159 N. Wolcott St. Suite 400 (82601)\n WPDN.NET P.O. Box 10700\n Casper, WY 82602\n\n\nPRIVILEGE NOTICE: This email message cantains confidential, privileged information intended solely far the addressee. Please do not read, copy or disseminate it unless you a\nthe addressee. If you have received it in error, please call (collect) immediately at (307) 265~0 700 and ask to speak with the sender. Also. I would appreciate your forwarding the\nmessage back to me and deleting it from your system. Thank you.\n\nFEDERAL TAX AD VICE DISCLAIMER: This email is not tax advice and is not intended for the purposes of avoiding federal tax penalties or promoting, marketing, or recommending\nto another party any matters addressed herein IRS Circular 230.\n\n\n\n\nFrom: Paula Colbath \nSent: Tuesday, October 1, 2024 4:28 PM\nTo: Patrick Murphy \nCc: Marc Gottlieb ; MineOne-BCB \nSubject: RE: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This Afternoon.\n\nI\u2019ll keep my fingers crossed Things look encouraging\n\nRegards,\nPau a\n\nFrom: Patrick Murphy \nCc: Marc Gottlieb ; MineOne-BCB \nSubject: RE: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This Afternoon.\n\n\n\n\nThat\u2019s fine, Paula. Thank you. Michael told me he and Erick and Jiaming are Zooming at 8pm Eastern tonight.\n\nWe\u2019ll round in the morning with each other to then call Judge Johnson\u2019s chamber.\n\nPat\n\n 2\n\f Case 1:23-cv-00079-ABJ Document 379-2 Filed 10/03/24 Page 4 of 4\n\n\n Patricki. Murphy\n Attorney at Law\n Office: 307-265-0700\n x Nfl\u2019!\u2019\u2019 Li\n pmurphy(~wDdn net\n 159 N. Wolcott St. Suite 400(82601)\n P.O. Box 10700\n WPDN NET .\n Casper, WY 82602\n\n\n\nPRIVILEGE NOTICE. This email message cantains confidential, privileged infarmation intended solely for the addressee. Please do not read, copy ar disseminate it unless you are\nthe addressee. If you have received it in error, please call (collect) immediately at (307) 265-0700 and ask to speak with the sender. Alsa, I would appreciate your forwarding the\nmessage back tome and deleting it from your system. Thank you.\n\nFEDERAL TAX ADVICE DISCLAIMER: This email is not tax advice and,s nat intended far the purposes of avoiding federal tax penalties or promoting, marketing, or recommending\nto another party any matters addressed herein. IRS Circular 230.\n\n\n\n\nFrom: Paula Colbath \nSent: Tuesday, October 1, 2024 3:45 PM\nTo: Patrick Murphy \nCc: Marc Gottlieb ; MineOne-BCB \nSubject: RE: BCB, Mineone, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This Afternoon.\n\nPat: Unfortunately, I\u2019m not able to connect with Jiaming and F ick u ti much later tonight, so I\u2019ll be back to you\nsometime tomorrow regarding your below email\n\nBest,\nPaula\n\n\n\n\nPaula Colbath\nPartner\n \u2022LOEB&\n LOEB\n345 Park Avenue I New York NY 10154\nDirect Dial: 212 407 4905 Fax: 212 407.4990 E-mail: at e .com\nLos Angeles New York Chicago Nashville Washington DC I San Francisco I Beijing Hong Kong www.loeb corn\n\n\n \u2022- - Mansfield Rule\n Ce~fted 2022-2023\n /\n\nCONFIDENTIALITY NOTICE: This e-mail transmission, and an~ documents, tiles or previous e.mail messages attached to it may contain confidential information that is\nIegafty privileged. If you ale not the intended recipient or a person responsible loi delivering ito the intended recipient, you are hereby notified that any disclosure,\ncopying. distribution or use at any ot the intormation contained in or attached to this transmission is STRICTLY PROHIBITED. It you have received this transmission in\neiro,, please immediately notify the sender. Please destroy the original transmission and its atlachments without reading o, saving in any manner. Thank you Loeb &\nLoeb LLP\n\f","ocr_status":2,"date_upload":"2025-01-17T10:18:12.247222-08:00","document_number":"379","attachment_number":2,"pacer_doc_id":"20702487875","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414976167/","id":414976167,"tags":[],"absolute_url":"/docket/67320886/379/3/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-07T08:58:58.082589-07:00","date_modified":"2025-01-17T10:18:12.914648-08:00","sha1":"43ead1c5070566aa8cbd177e8a415c8ca5cd2441","page_count":6,"file_size":1180061,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.379.3_1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.379.3.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:23-cv-00079-ABJ Document 379-3 Filed 10/03/24 Page 1 of 6\n\n\n\n\n EXHIBIT\n C\n\f Case 1:23-cv-00079-ABJ Document 379-3 Filed 10/03/24 Page 2 of 6\n\n\n\nPatrick Murphy\n\nFrom: Michael Murphy \nSent Wednesday, October 2, 2024 9:51 PM\nTo: Erick Rengifo; Jiaming Li; pcolbath@loeb.com\nCc: Patrick Murphy; emory@bcbv.net\nSubject: working Draft Settlement Agreement\nAttachments: mineone bcb settlement agreement draft.docx\n\n\nHello Erick, Jiaming, and Paula,\n\nPlease see the attached \u201cworking\u201d DRAFT Settlement Agreement. This is not complete, but it does contain (1) most of\nwhat Erick, Jiaming, Emory and I spoke about earlier today (in Section 2) and (2) the language from the BCB-Bitmain\nSettlement Agreement updated to account for the relevant parties now working towards settlement. Rather than take\nadditional time to provide a completed draft, we wanted to get this to you now (albeit incomplete) so you could start\nreviewing it (and so you can see the good faith effort we are making to move quickly on this).\n\nErick/Jiaming let\u2019s meet at your earliest convenience on Thursday to continue working through the details in Section 2\n -\n\n\non the commercial terms. Emory and I have some questions for you. There are also some highlighted parts we still need\nto fill in. And we also want to discuss a few ideas Emory and I have regarding the calculation of the Target Return (which\nshould help address some of our risk concerns in return for providing a guarantee of the $1,160,976 to you).\n\nregards,\nMichael\n\n\n\n\nThis email has been scanned for spam and viruses. Click here to report this email as spam.\n\f Case 1:23-cv-00079-ABJ Document 379-3 Filed 10/03/24 Page 3 of 6\n\n\n\nPatrick Murphy\n\nFrom: Paula Colbath \nSent: Wednesday, October 2, 2024 4:55 PM\nTo: Patrick Murphy\nCc: Marc Gottlieb; murf@bcbv.net; Masterson; MineOne-BCB; Stephen Cohen\nSubject: RE: Form W9 and Form AC 213\n\n\nThanks for the update. I will be monitoring my emails.\n\nJust as an FYI I may need input on the Settlement Agreement from one of my corporate partners (I\u2019m not sure how\n \u2014\n\n\ntechnical Michael\u2019s draft will be). As you know, this is Stephen Cohen\u2019s client. Stephen is out of the office for the Jewish\nHolidays and will be offline until Saturday night. I can try to enlist another partner if necessary, depending on the\ncomplexity. I did want to give you a heads up on that.\n\nFrom: Patrick Murphy \nSent: Wednesday, October 2, 2024 6:49 PM\nTo: Paula Colbath \nCc: Marc Gottlieb ; murf@bcbv.net; Masterson ; MineOne BCB ; Stephen Cohen \nSubject: RE: Form W9 and Form AC 213\n\n\n\n\nPaula:\n\n I haven\u2019t yet sent you Michael Murphy\u2019s draft Settlement Agreement. I just emailed you saying that Michael\njust boarded a plane and is flying to Denver. He lands at\u2019near 6:00 pm Mountain. And he needs another hour,\nonce he is on the ground, to finish up his work on it. And I think Michael would like to visit with Erick/Jiaming\nmaybe one more time on some details. Anyway, I hope to email it to you at 7:00 pm Mountain this\nevening. That\u2019s the plan.\n\nLater tonight, at home, I will start writing a proposed Stipulated Motion and corresponding Order to\nDistribute the Attached Funds.\n\nThank you.\n\nPat\n\n\n\n\n j~ -\n\u2018I! I L~I\u2019. N~KT) K. I~VI ~NI\u20191LI I. rt\n Attorney at Law\n PatriCki. Murphy\n Office: 307-265-0700\n pmurnhy@wpdn.net\n 159 N. Wolcott St. Suite 400(82601)\n WPDN.NET P~O~ Box 10700\n Casper, WY 82602\n\f Case 1:23-cv-00079-ABJ Document 379-3 Filed 10/03/24 Page 4 of 6\n\nPRIVILEGE NOTICE: This email message contains confidential, privileged information intended solelyfor the addressee. Please do not read, copy or disseminate it unless you are\nthe addressee. If you have received it in error, please call (collect) immediately at (307) 265-0700 and ask to speak with the sender. Also, (would appreciate your forwarding the\nmessage back to me and deleting it from your system. Thank you.\n\nFEDERAL TAX ADVICE DISCLAIMER: This email is not tax advice and is not intended for the purposes of avaiding federal tax penalties or promoting, marketing, or recommending\nto onother party any matters addressed herein, IRS Circular 230.\n\n\n\n\nFrom: Paula Colbath \nSent: Wednesday, October 2, 2024 4:32 PM\nTo: Patrick Murphy \nCc: Marc Gottlieb ; murf bcbv.net; Masterson ; MineOne-BCB ; Stephen Cohen \nSubject: RE: Form W9 and Form AO-213\n\nI will review them with the client and we will have them ready to go. Please send me your proposed Stipulated\nMotion. I\u2019m currently working through an email backlog. Did you forward a draft settlement agreement?\n\nPaula\n\n\n\n\nPaula Colbath\nPartner\n \u2022LOEB&\n LOEB~\n345 Park Avenue I New York, NY 10154\nDirect Dial: 212.407.4905 Fax: 212.407.4990 E-mail: colbath loeb.com\nLos Angeles New York Chicago Nashville Washington, DC I San Francisco I Beijing Hong Kong nww bob corn\n\n\n\n\nMansfield Rule\nCeffified 2023-2024\n\n\nCONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential infoi nation that is\nlegally privileged. It you are not the intended recipient oi a person iesponsible foi delivering it tothe intended recipient, you are hereby notified that anydisclosure,\ncopying. distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in\nerror, please immediately notify the sendei. Please destroy the original transmission and its attachments without reading or saving in any manner Thank you Loeh S\nLoeb LLP\n\n\nFrom: Patrick Murphy \nSent: Wednesday, October 2, 2024 5:35 PM\nTo: Paula Colbath < colbath loeb.com>\nCc: Marc Gottlieb ; murf@bcbv.ne ; Masterson ; MineOne-BCB ; Stephen Cohen \nSubject: FW: Form W9 and Form AO-213\n\n\n\n\nPaula:\n\f Case 1:23-cv-00079-ABJ Document 379-3 Filed 10/03/24 Page 5 of 6\n\nTo help facilitate our clients\u2019 proposed settlement, the Clerk of the District Court sent me these two forms\ntoday.\n\nThese two forms need to be completed by our clients and returned to the Clerk before the Clerk can\nelectronically transfer the attached funds to our clients.\n\nThe Clerk told me she thought it would take anywhere from 3-7 days, following Judge Johnson\u2019s filing of His\nHonor\u2019s Order Distributing Attached Funds, for the Clerk to then wire the monies to MineOne\u2019s account and\nBCB\u2019s account.\n\nMy hope is that you and I can file a Stipulated Motion to Distribute the Attached Funds by this Friday, October\n4, and that Judge Johnson could receive, review, sign and file the Order Distributing Attached Funds sometime\nFriday afternoon, October 4.\n\nIf we can do that, it will give us a good chance to have the Clerk wire the monies to our clients\u2019 accounts by the\nfollowing Friday, October Il, and maybe before that.\n\nMichael Murphy is on an airplane now but landing soon. It is still Michael and my intent and plan to provide\nyou with a good (but not perfect) working draft of the Settlement Agreement by 5:00 pm Mountain today.\n\nPlease call me when you have a moment, Paula.\n\nPat Murphy\n(307) 262-2872 (cell)\n\n ~ Patricki. Murphy\n Attorney at Law\n -\nall\u2019 LAM\u2019. 101(7 IR. lU~ & NI ~II 2) N\n Office: 307-265-0700\n pmurDhy(Thwpdn. net\n 159 N. Wolcott St. Suite 400 (82601)\n WPDN.NET P.O. Box 10700\n Casper, WY 82602\n\n\nPRIVILEGE NOTICE: This email message contains confidential, privileged information intended solely for the addressee. Please do nat read, copy or disseminate it unless you ore\nthe addressee. If you have received it in error, please call (collect) immediately at (307) 265-0700 and ask to speak with the sender. Also, I would appreciate your forwarding the\nmessage back to me and deleting it from your system. Thank you.\n\nFEDERAL TAX ADVICE DISCLAIMER This email is nat tax advice and is nat intended for the purposes of avoiding federal tax penalties or promoting, marketing, or recommending\nto another party any matters addressed herein IRS Circular 230.\n\n\n\n\nFrom: Katie Grant \nSent: Wednesday, October 2, 2024 10:26 AM\nTo: Patrick Murphy \nSubject: Form W9 and Form AO-213\n\nGood morning, Mr. Murphy,\n\nAttached please find a W9 form in order to disburse funds (with an order of the court). Also attached is an AO-213 form\nin order to disburse payment via EFT (electronic funds transfer).\n\n 3\n\f Case 1:23-cv-00079-ABJ Document 379-3 Filed 10/03/24 Page 6 of 6\n\nAgain, once we have a signed order, we will first initiate a $5 test payment to ensure no issues with the banking\ninformation, etc., and then will disburse the remaining funds upon confirmation of receipt of the test payment.\n\nPlease have any completed forms returned to me. Let me know if you have any questions.\n\nThank you,\n\nKatie Grant\nFinancial Administrator\nU.S. District Court District of Wyoming\n \u2014\n\n\n2120 Capitol Avenue, Rm 2131\nCheyenne, WY 82001\n(307)433 2133\n\n\n\n\nThis email has been scanned for spam and viruses. Click to report this email as spam.\n\n\n\n\nThis email has been scanned for spam and viruses. Click here to report this email as spam.\n\f","ocr_status":2,"date_upload":"2025-01-17T10:18:12.914386-08:00","document_number":"379","attachment_number":3,"pacer_doc_id":"20702487876","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414976168/","id":414976168,"tags":[],"absolute_url":"/docket/67320886/379/4/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-07T08:58:58.149296-07:00","date_modified":"2025-01-18T02:19:24.251481-08:00","sha1":"10fb69373d5028baa24f66838994e665e58bc7be","page_count":9,"file_size":2820598,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.379.4.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.379.4.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:23-cv-00079-ABJ Document 379-4 Filed 10/03/24 Page 1 of 9\n\n\n\n\n EXHIBIT\n\f Case 1:23-cv-00079-ABJ Document 379-4 Filed 10/03/24 Page 2 of 9\n\nFrom: Patrick Murphy \nSent: Tuesday, October 1, 2024 4:27 PM\nTo: Paula Colbath \nCc: Marc Gottlieb \nSubject: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This Afternoon.\n\n\n\n\nDear Paula:\n\nThank you for your phone call on Sunday morning before my 8:30 am Mass. Our client representatives are\ntalking and Zooming, trying to discern a path toward a global settlement. That goal is important to each and all\nof us. And I appreciate you encouraging this settlement dialogue between our client representatives.\n\nI continue feeling it is best that we \u201cleave this to our clients to try to work out without our overt lawyer\ninvolvement.\u201d So, while our clients are obviously reporting to each of us as to their settlement dialogue and any\nperceived progress, I don\u2019t want to comment or inject myself into their settlement discussions other than to\nsay \u201cthank you, Paula\u201d for helping to enable our clients to talk, face to face.\n\nAnd, suddenly, BCB feels our clients made a meaningful and significant \u201cbreakthrough\u201d in their most recent\nZoom settlement call, to wit, an idea is now on the table that could materialize and mature into a global\nresolution. BCB has made significant moves toward global resolution, and BCE wants to continue on this path\nto resolution. Michael and Emory feel Erick and Jiaming do, too. And, as I understand it from Michael and\nEmory, another Zoom settlement call is scheduled this evening [and our clients have already had two Zoom\nsettlement calls today].\n\nI know you hit the \u201cpause button\u201d on your Sunday preparation for Emory Patterson\u2019s deposition. And you\nvacated Emory\u2019s September 30 deposition with my assurance that I will later provide Emory for your deposition\nof him at a future time that is mutually convenient for you, Emory and me.\n\nActually, each of us hit the \u201cpause button\u201d on the lawsuit/litigation activity to instead dedicate our best efforts\nand support to helping our respective clients discuss, and hopefully reach, a global settlement this week,\nperhaps very early next week. I know this: all of my efforts the last 56 hours are wholly devoted to helping\nMichael and BCB reach a compromise settlement with all remaining Defendants. And I know this, too: all of\nmy efforts in the coming hours and days will be dedicated to seeking a settlement, not litigating.\n\nIn this spirit, which I believe you share, I write to suggest that we do some things to help each of us and our\nclients. Given the fact that dispositive motions are currently due this Friday, October 4, and given the fact we\nhaven\u2019t yet received Judge Johnson\u2019s Order on our stipulated request to push back all the briefing deadlines\nthree weeks, and given the fact you and I are using all our efforts to promote and aid our clients with their new\n(9 29 24 and ongoing) settlement efforts, I think you and I should agree to a few things.\n\nI think I should agree to grant you an extension of time to file Responses to any motions BCE has filed that\nMineOne hasn\u2019t already responded to. The two motions that come to mind are BCB\u2019s 9 20 24 Motion to quash\nand strike withdrawn Bitmain Georgia expert John Hayward, and BCE\u2019s Motion to Quash/strike MineOne\u2019s\nSubpoena on JWJ Technology, LLC. If there is another outstanding BCB motion, I can\u2019t now recall it.\n\nAnd I would like your agreement to do the same for BCB sewing its Response to MineOne\u2019s 25-page Motion to\nCompel Discovery. Michael Murphy is heavily involved with researching and drafting BCE\u2019s [future]\nResponse to that Motion, but all of Michael\u2019s time and effort is being put 100\u00b0o into his settlement dialogue\n 4\n\f Case 1:23-cv-00079-ABJ Document 379-4 Filed 10/03/24 Page 3 of 9\n\nwith Erick and Jiaming. And, if our clients don\u2019t settle, I would be seeking your consent to file a parallel 25-\npage Response, as well as some extra days like MineOne was granted to serve BCB\u2019s Response.\n\nSo here\u2019s my thought while our clients dedicate themselves to this \u201cnew\u201d settlement dialogue. I would agree\nthat MineOne have two weeks after the cessation of these settlement talks to file their Responses to BCB\u2019s\nMotions. And I would appreciate MineOne granting BCB the same two-week extension to file its Response to\nMineOne\u2019s Motion to Compel Discovery beginning when you and I jointly declare these new settlement\nefforts are at an impasse.\n\nFinally, I feel you and I should jump on a quick call this afternoon and ask to speak to Judge Johnson\u2019s judicial\nassistant, Sarah. We should inform the Court that, starting last Sunday, our client representatives are having\nface-to-face settlement dialogue (with both parties wanting and trying to reach a global settlement). That, as\ntheir counsel, you and I encouraged and help enable these settlement discussions. That these \u201cnew\u201d\nnegotiations are being conducted in earnest. And, while we don\u2019t know if our clients will reach a settlement,\nwe, as their counsel, are dedicating our current efforts to helping (if only in the background), and not to\nlitigating. And, while we are not requesting or pushing for the Court to enter any quick Order on the\nsubstantive issues we discussed in the September 26 hearing with His Honor, both of us would appreciate the\nCourt quickly entering a short Order pushing back all the briefing deadlines by three weeks (as all Parties agree\nshould happen).\n\nDoes this make sense to you and Marc? I think it does, Paula. Thank you.\n\nPat Murphy\n\n\n\n ~ Patrick J. Murphy\n Attorney at Law\n Office: 307-265-0700\n~ &NIVIII\u2019I\u2019&.\n pmurphy@wpdn net\n 159 N. Wolcott St. Suite 400 (82601)\n WPDN.NET P.O. Box 10700\n Casper, WY 82602\n\n\nPRIVILEGE NOTICE: This email message contains confidential, privileged information intended solely far the addressee. Please da not read, capy or disseminate it unless you are\nthe addressee. If you have received it in errar, please call (collect) immediately at (307) 265-0700 and ask ta speak with the sender. Also, I would opprec,ate your forwarding the\nmessage bock to me and deleting it from your system. Thank you.\n\nFEDERAL TAX ADVICE DISCLAIMER: This email is not tax advice and is not intended for the purposes of avoiding federal tax penalties or promoting, marketing, or recommending\nto another party any matters addressed herein. IRS Circular 230.\n\n\n\n\nThis email has been scanned for spam and viruses. Click ~\u00e7~\u00e7 to report this email as spam.\n\f Case 1:23-cv-00079-ABJ Document 379-4 Filed 10/03/24 Page 4 of 9\n\n\n\nPatrick Murphy\n\nFrom: Paula Colbath \nSent Wednesday, October 2, 2024 9:58 AM\nTo: Patrick Murphy\nCc: Marc Gottlieb; MineOne-BCB; Masterson\nSubject RE: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This\n Afternoon.\n\n\nPat: I just Zoomed with Drs. Rengifo and Li. I have been advised that there is a settlement framework under discussion,\nbut as we know as lawyers, the devil is always in the details. I understand your side is drafting the settlement agreement\nand we look forward to reviewing it soon In the meantime, we must all honor the deadlines we currently face, including\ngetting Emory\u2019s deposition on the schedule for next Wednesday. Hopefully, we will have an inked deal before then,\nmaybe as early as this week. Once we receive your draft settlement agreement, we will review it with our clients and\nget back to you ASAP with our comments.\n\nAga n, we are on standby to review the draft settlement agreement that I understand Michael is working on.\n\nRegards,\nPaula\n\nFrom: Patrick Murphy \nSent: Wednesday, October 2, 2024 11:37 AM\nTo: Paula Colbath \nCc: Marc Gottlieb ; MineOne-BCB ; Masterson \nSubject: RE: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This Afternoon.\n\n\n\n\nDear Paula:\n\nMichael Murphy is now reporting to me that he, Erick and Jiaming just reached a settlement framework in\nprinciple on their extended Zoom settlement call early this morning. And that each of them expressed to one\nanother, at the end of their Zoom call, they have a settlement framework in principle.\n\nMichael also says we need to \u201cpaper\u201d this settlement framework, starting immediately.\n\nMichael and I will take the laboring oar with writing the proposed draft of the written settlement agreement.\n\nAnd we will use, as our template, much of the language and organization in our BCB/Bitmain Georgia\nSettlement Agreement.\n\nWould you please reach out to Erick and Jiaming to confirm this, Paula?\n\nIt is urgent, Michael says, that the Court be able to distribute the attached funds (currently invested, through the\nregistry of the Court, with the Department of the Treasury, the Clerk tells me) ASAP. .so the Parties can invest\n .\n\n\ntheir allocated funds in Bitcoin ASAP.\n\f Case 1:23-cv-00079-ABJ Document 379-4 Filed 10/03/24 Page 5 of 9\n\nI know lawyers often like to say, \u201ctime is of the essence,\u201d but time and getting the allocated monies invested\nin Bitcoin truly is of the essence here. So much so that Michael and I hope to provide you with a draft\nSettlement Agreement by the end of the day or very early tomorrow. Our hope is that Judge Johnson would be\nable to sign an Order distributing all the attached funds, and all of their accrued interest, sometime this Friday.\n\nThank you, Paula.\n\nPat Murphy\n\n ~ Patricki. Murphy\n Attorney at Law\n~ Li\n Office: 307-265-0700\n Lawn\u2019., pmurphyiPwpdn net\n 159 N. Wolcott St. Suite 400 (82601)\n WPDN.NET P.O. Box 10700\n Casper, WY 82602\n\n\nPRIVILEGE NOTICE: This email message contains confidential, privileged information intended solelyfor the addressee. Please do not read, copy or disseminate it unless you are\nthe addressee. If you have received it in error, please call (collect) immediately at (307) 265-0700 and ask to speak with the sender. Also, I would appreciate your forwarding the\nmessage back to me and deleting it from your system. Thank you.\n\nFEDERAL TAX ADVICE DISCLAIMER: This email is not tax advice and is not intended far the purposes of avoiding federal tax penalties or promoting, marketing, or recommending\nto another pony any matters addressed herein, IRS Circular 230.\n\n\n\n\nFrom: Paula Colbath \nSent: Tuesday, October 1, 2024 4:28 PM\nTo: Patrick Murphy \nCc: Marc Gottlieb ; MineOne-BCB \nSubject: RE: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This Afternoon.\n\nI\u2019ll keep my fingers crossed Things look encouraging\n\nRegards,\nPaula\n\n\nFrom: Patrick Murphy \nCc: Marc Gottlieb ; MineOne-BCB \nSubject: RE: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This Afternoon.\n\n\n\n\nThat\u2019s fine, Paula. Thank you. Michael told me he and Erick and Jiaming are Zooming at 8pm Eastern tonight.\n\nWe\u2019ll round in the morning with each other to then call Judge Johnson\u2019s chamber.\n\nPat\n\n 2\n\f Case 1:23-cv-00079-ABJ Document 379-4 Filed 10/03/24 Page 6 of 9\n\n\n Patrick J. Murphy\n\n Offic:30T265-0700\n~UIi~~t\u2019.N~KItK. IXV &NIV!IIl r(\n pm rphy~wpdn.net\n 159 N. Wolcott St. Suite 400 (82601)\n\n WPDN.NET P.O. Box 10700\n Casper, WY 82602\n\n\n\nPRIVILEGE NOTICE. This emoil message contains confidential, privileged information intended solely for the addressee. Please do not read, copy or disseminate it unless you are\nthe addressee. If you hove rece,ved it in error, please call (collect) immediately at (307) 265-0700 and ask to speak with the sender. Also, I would appreciate your forwarding the\nmessage back to me and deleting it from your system. Thank you.\n\nFEDERAL TAX AOVICE DISCLAIMER: This email is not tax advice and is not intended for the purposes of avoiding federal tax penalties or promoting, marketing, or recommending\nto another party any matters addressed herein IRS Circular 230.\n\n\n\n\nFrom: Paula colbath < colbath oeb.com>\nSent: Tuesday, October 1, 2024 3:45 PM\nTo: Patrick Murphy \nCc: Marc Gottlieb ; MineOne-BCB \nSubject: RE: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This Afternoon.\n\nPat: Unfortunately, I\u2019m not able to connect with Jiaming and Eric un much later tonight, so I\u2019ll be back to you\nsometime tomorrow regarding you below email.\n\nBest,\nPaula\n\n\n\n\nPaula Colbath\nPartner\n ILOEBS\n LOEB\n345 Park Avenue I New York, NY 10154\nDirect Dial: 212.407.4905 Fax: 212.407.4990 E-mail: pcoIbath(E~l b.com\nLos Angeles New York Chicag Nashville Washing on, DC I San Francisco I Beijing Hong Kong www.loeb.com\n\n\n Mansfield Rule\n Certthed 2022-2023\n\n\n\n\nCONFIDENTIALITY NOTICE: This c-malt transmission, and any documents, tiles o\u2019 previous e-mail messages attached to it may contain confidential info, mation that is\nlegally privileged. If you are not the intended recipient oi a person esponsible fo, delivering it to the intended recipient you are hereby notified that any disclosure.\ncopying, distribution or use of any of the information contained in or attached to this transmission is STRICTLN PROHIBITED if you have recei\u2019.\u2019ed this transmission in\nci ror, please immediately notify the sendei . Please destroy the original transi\u2019nission and its attachments without reading oi saving in any manner. Thank you Loch &\nLoch LLP.\n\f Case 1:23-cv-00079-ABJ Document 379-4 Filed 10/03/24 Page 7 of 9\n\n\nPatrick Murphy\n\nFrom: Paula Colbath \nSent: Tuesday, October 1, 2024 2:43 PM\nTo: Patrick Murphy\nCc: Marc Gottlieb\nSubject: Re: BCB, MineOne, and Reaching Out to Judge Johnsons Judicial Assistant This\n Afternoon.\n\n\nPat: I\u2019ve now had a chance to read your entire email and do think what your proposing makes sense under the\ncircumstances. I want to have a quick call with my team to make sure that I understand all upcoming deadlines\nfor all of us and then I\u2019m agreeable to make a call to Judge Johnson\u2019s Chambers once you, me and Marc agree\non a proposed timeline.\n\nPaula\n\n\n\nPaula Colbath\nPartner\n \u2022LOEB&\n LOEB\n345 Park Avenue I New York, NY 10154\nDirect Dial: 212 407.4905 Fax: 212.407 4990 E-mail: pcolbath(\u00e4~Ioeb.com\nLos Angeles New York Chicago Nashville Washington, DCI San Francisco I Beijing Hong Kong www.loeb corn\n\n\n Mansfield Rule\n CertIfied 2022-2023 .......\n\n\n\n\n(uN riDT:\\Tl ~ cOTICE Tin, e~,naii iZ;iiisiiiissioii. and mm th\u2019cuiiicni,.. lile, ol pinion, c.iii,tii Iltes~.aues iit:tehed ii I1NI~ cillahll co,tiidciiii:ii inioriuniori\n is Ieuaih pnvle~td. ii vii aic nit the iiended iceipicili. or a peI~tn re~pon,ihIe liii dcii\u2019 cdn~ it I tilL intended ie~ipient. >tu alt i,ereh~ not,iied that .in\u2019\ntIb.ILsLti~ Lo[fl iflQ. ~iis[iii~tifloii or use i;inv julie iniiinnatiozt eintai,,ed iii i\u2019r:,ttaciied to [his iittnsilits,iiii i ~TRIC1 1 \u20181<01 IBiT~[) Ii ou hit ii.VCfl ~ti In\u2019.\ntnh,tsmissi n finn\u2019,. pie:i\u2019.e in,medii,teiv ,ii\u2019tii~ the \u2018endet l\u2019ie;t,.c desn\u2019\u2019~ the incinal tiuflsItiissiofl mid II, atl.~ ii,neiit, ~iithiut te;,d,nc Oi %,i~ tm in ;,n~ inanne, Titani\n liii I OL\u2022h & I \u2018cii I Li\u2019\n\n\n\n\nFrom: Patrick Murphy \nSent: Tuesday, October 1, 2024 4:26:32 PM\nTo: Paula Colbath \nCc: Marc Gottlieb cmsg@orllp.legal>\nSubject: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This Afternoon.\n\n\n\nDear Paula:\n\f Case 1:23-cv-00079-ABJ Document 379-4 Filed 10/03/24 Page 8 of 9\n\nThank you for your phone call on Sunday morning before my 8:30 am Mass. Our client representatives are\ntalking and Zooming, trying to discern a path toward a global settlement. That goal is important to each and all\nof us. And I appreciate you encouraging this settlement dialogue between our client representatives.\n\nI continue feeling it is best that we \u201cleave this to our clients to try to work out without our overt lawyer\ninvolvement.\u201d So, while our clients are obviously reporting to each of us as to their settlement dialogue and any\nperceived progress, I don\u2019t want to comment or inject myself into their settlement discussions other than to\nsay \u201cthank you, Paula\u201d for helping to enable our clients to talk, face to face.\n\nAnd, suddenly, BCB feels our clients made a meaningful and significant \u201cbreakthrough\u201d in their most recent\nZoom settlement call, to wit, an idea is now on the table that could materialize and mature into a global\nresolution. BCB has made significant moves toward global resolution, and BCB wants to continue on this path\nto resolution. Michael and Emory feel Erick and Jiaming do, too. And, as I understand it from Michael and\nEmory, another Zoom settlement call is scheduled this evening [and our clients have already had two Zoom\nsettlement calls today].\n\nI know you hit the \u201cpause button\u201d on your Sunday preparation for Emory Patterson\u2019s deposition. And you\nvacated Emory\u2019s September 30 deposition with my assurance that I will later provide Emory for your deposition\nof him at a future time that is mutually convenient for you, Emory and me.\n\nActually, each of us hit the \u201cpause button\u201d on the lawsuit/litigation activity to instead dedicate our best efforts\nand support to helping our respective clients discuss, and hopefully reach, a global settlement this week,\nperhaps very early next week. I know this: all of my efforts the last 56 hours are wholly devoted to helping\nMichael and BCB reach a compromise settlement with all remaining Defendants. And I know this, too: all of\nmy efforts in the coming hours and days will be dedicated to seeking a settlement, not litigating.\n\nIn this spirit, which I believe you share, I write to suggest that we do some things to help each of us and our\nclients. Given the fact that dispositive motions are currently due this Friday, October 4, and given the fact we\nhaven\u2019t yet received Judge Johnson\u2019s Order on our stipulated request to push back all the briefing deadlines\nthree weeks, and given the fact you and I are using all our efforts to promote and aid our clients with their new\n(9 29 24 and ongoing) settlement efforts, I think you and I should agree to a few things.\n\nI think I should agree to grant you an extension of time to file Responses to any motions BCB has filed that\nMineOne hasn\u2019t already responded to. The two motions that come to mind are BCB\u2019s 9 20 24 Motion to quash\nand strike withdrawn Bitmain Georgia expert John Hayward, and BCB\u2019s Motion to Quash/strike MineOne\u2019s\nSubpoena on JWJ Technology, LLC. If there is another outstanding BCB motion, I can\u2019t now recall it.\n\nAnd I would like your agreement to do the same for BCB serving its Response to MineOne\u2019s 25-page Motion to\nCompel Discovery. Michael Murphy is heavily involved with researching and drafting BCB\u2019s [future]\nResponse to that Motion, but all of Michael\u2019s time and effort is being put lOO\u00b0o into his settlement dialogue\nwith Erick and Jiaming. And, if our clients don\u2019t settle, I would be seeking your consent to file a parallel 25-\npage Response, as well as some extra days like MineOne was granted to serve BCB\u2019s Response.\n\nSo here\u2019s my thought while our clients dedicate themselves to this \u201cnew\u201d settlement dialogue. I would agree\nthat MineOne have two weeks after the cessation of these settlement talks to file their Responses to BCB\u2019s\nMotions. And I would appreciate MineOne granting BCB the same two-week extension to file its Response to\nMineOne\u2019s Motion to Compel Discovery beginning when you and I jointly declare these new settlement\nefforts are at an impasse.\n\nFinally, I feel you and I should jump on a quick call this afternoon and ask to speak to Judge Johnson\u2019s judicial\nassistant, Sarah. We should inform the Court that, starting last Sunday, our client representatives are having\n 2\n\f Case 1:23-cv-00079-ABJ Document 379-4 Filed 10/03/24 Page 9 of 9\n\nface-to-face settlement dialogue (with both parties wanting and trying to reach a global settlement). That, as\ntheir counsel, you and I encouraged and help enable these settlement discussions. That these \u201cnew\u201d\nnegotiations are being conducted in earnest. And, while we don\u2019t know if our clients will reach a settlement,\nwe, as their counsel, are dedicating our current efforts to helping (if only in the background), and not to\nlitigating. And, while we are not requesting or pushing for the Court to enter any quick Order on the\nsubstantive issues we discussed in the September 26 hearing with His Honor, both of us would appreciate the\nCourt quickly entering a short Order pushing back all the briefing deadlines by three weeks (as all Parties agree\nshould happen).\n\nDoes this make sense to you and Marc? I think it does, Paula. Thank you.\n\nPat Murphy\n\n\n\n ~ Patricki. Murphy\n Attorney at Law\n - Office: 307-265-0700\n I IA\u2019.\u201d.. ftIX I~ K. \u2018A\u2019i & NIVtI I PC.\n pmurphy@wpdn.net\n 159 N. Wolcott St. Suite 400(82601)\n WPDN.NET P.O. Box 10700\n Casper, WY 82602\n\n\nPRIVILEGE NOTICE This email message cantains canfidential, privileged information intended solely far the addressee Please da nat read, cami a, disseminate it unless yau are\nthe addressee, If you have received it in error, please call (collect) immediately at (307) 265-0700 and ask to speak with the sender. Also, I would appreciate your forwarding the\nmessage back to me and deleting it from your system. Thank you.\n\nFEDERAL TAX ADVICE DISCLAIMER This emoil is not tax advice and is nor intended for the purposes of avoiding federal tax penalties or promoting, marketing, or recommending\nto another party any matters addressed here,n. IRS Circular 230.\n\n\n\n\nThis email has been scanned for spam and viruses. Click ~ to report this email as spam.\n\f","ocr_status":2,"date_upload":"2025-01-17T10:18:13.559277-08:00","document_number":"379","attachment_number":4,"pacer_doc_id":"20702487877","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414976169/","id":414976169,"tags":[],"absolute_url":"/docket/67320886/379/5/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-07T08:58:58.226879-07:00","date_modified":"2025-01-18T02:30:02.443862-08:00","sha1":"3f98b5ff384f44296a4ccba137c3031c74c0a3aa","page_count":5,"file_size":1207615,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.379.5.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.379.5.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:23-cv-00079-ABJ Document 379-5 Filed 10/03/24 Page 1 of 5\n\n\n\n\n EXHIBIT\n E\n\f Case 1:23-cv-00079-ABJ Document 379-5 Filed 10/03/24 Page 2 of 5\n\n\nPatrick Murphy\n\nFrom: Patrick Murphy\nSent: Wednesday, October 2,2024 10:26 AM\nTo: Paula Colbath\nCc: Marc Gottlieb; MineOne-BCB; Masterson\nSubject: RE: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This\n Afternoon.\n\n\nPaula:\n\nLet me provide the following information before you and I jump on a call to Judge Johnson\u2019s chambers to ask\nthe Court to issue a short order pushing back our briefing deadlines by three weeks, and also issue the Court\u2019s\nwritten Order granting our joint request to push back BCB\u2019s Response deadline on the Motion to Compel to two\nweeks after any settlement impasse, and also pushing back by two weeks whatever briefing due date(s)\nMineOne may want.\n\n 1. The Clerk of the District Court just told me the current balance (as of today, October 2), in the court\n registry, is $15,253,384.96. The Clerk also advised me that it could take anywhere from 4-10 days from\n the date Judge Johnson signs an Order releasing and distributing the funds for the Clerk to be able to\n wire our clients their monies. She said the \u201cminimum time\u201d is three days, and was just speculating\n beyond that.\n\n 2. I have depositions already scheduled in my Thunderhead Ranch case on October 9-11 and 14, as well as\n a mediation in that case. The earliest date I am available for Emory Patterson\u2019s deposition is Tuesday,\n October 15. I just moved something to make October 15 available for Emory\u2019s deposition (should we\n ever need it).\n\n 3. Michael and I are getting crackin\u2019 on the draft Settlement Agreement.\n\nThank you, Paula.\n\nPat\n\n ~ Patricki. Murphy\n Attorney at Law\n - Office: 307-265-0700\n & M\u201dIII)t\u2019\n pmurDhy(~wDdn.net\n 159 N. Wolcott St. Suite 400 (82601)\n WPDN NET P.O. Box 10700\n Casper, WY 82602\n\n\nPRIVILEGE NOTICE: This email message contains confidential, privileged information intended solely for the addressee. Pleose do not read, copy or disseminate it unless you ore\nthe addressee. If you hove received it in error, pleose colt (collect) immediotely ot (307) 265-0700 and ask to speak with the sender. Also, I would appreciate your forwarding the\nmessage back to me and deleting it from your system. Thank you.\n\nFEDERAL TAX ADVICE DISCLAIMER This email is not tax advice and is not intended far the purposes of avoiding federal tax penalties or promoting, morket~ng, or recommending\nto another party any matters addressed here,n IRS Circular 230\n\f Case 1:23-cv-00079-ABJ Document 379-5 Filed 10/03/24 Page 3 of 5\n\n\n\nFrom: Paula Colbath \nSent: Wednesday, October 2, 2024 9:58 AM\nTo: Patrick Murphy \nCc: Marc Gottlieb ; MineOne-BCB ; Masterson \nSubject: RE: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This Afternoon.\n\nPat: I just Zoomed with Drs. Rengifo and Li. I have been adv sed that there is a settlement framework under discussion,\nbut as we know as lawyers, the devil is always in the details understand your side is drafting the settlement agreement\nand we look forward to reviewing it soon In the meantime we must all honor the deadlines we currently face, including\ngetting Emory\u2019s deposition on the schedule for next Wednesday. Hopefully, we will have an inked deal before then,\nmaybe as early as this week. Once we receive your draft settlement agreement, we will review it with our clients and\nget back to you ASAP with our comments.\n\nAgain, we are on standby to review the draft settlement agreement that I understand Michael is working on.\n\nRegards,\nPaula\n\nFrom: Patrick Murphy < mur h w dn.net>\nSent: Wednesday, October 2, 2024 11:37 AM\nTo: Paula Colbath \nCc: Marc Gottlieb ; MineOne-BCB ; Masterson \nSent: Tuesday, October 1, 2024 4:28 PM\nTo: Patrick Murphy \nCc: Marc Gottlieb ; MineOne-BCB \nSubject: RE: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This Afternoon.\n\nI\u2019ll keep my fingers crossed. Things look encouraging.\n\nRegards,\nPaula\n\nFrom: Patrick Murphy \nSent: Tuesday, October 1, 2024 5:47 PM\nTo: Paula Colbath \nCc: Marc Gottlieb ; MineOne-BCB \nSubject: RE: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This Afternoon.\n\n\n\n\nThat\u2019s fine, Paula. Thank you. Michael told me he and Erick and Jiaming are Zooming at 8pm Eastern tonight.\n\nWe\u2019ll round in the morning with each other to then call Judge Johnson\u2019s chamber.\n\nPat\n\f Case 1:23-cv-00079-ABJ Document 379-5 Filed 10/03/24 Page 5 of 5\n\n\n Patrick]. Murphy\n Attorney at Law\n -\n~ fl\u2019.i\u2019,, VI)XIi i\u00e7 I\u2019.\u2019.~ & Nfl\u2019 ii N\n Office: 307-265-0700\n pmurphy~wpdn.net\n 159 N. Wolcott St. Suite 400 (82601)\n WPDN.NET P.O. Box 10700\n Casper, WY 82602\n\n\nPRIVILEGE NOTICE This email message contains confidential, privileged information intended solely for the addressee. Please da not read, copy or disseminate it unless you ore\nthe addressee. If you hove received it in error, please call (collect) immediately at (307) 265-0700 and ask to speak with the sender. Also, I would appreciate your forwarding the\nmessage bock to me and deleting it from your system. Thank you.\n\nFEDERAL TAX ADVICE DISCLAIMER: This email \u2018snot tax advice and,s not intended far the purposes of ova iding federal tax penalties or promoting, marketing, or recommending\nto another party any matters addressed herein. IRS Circular 230\n\n\n\n\nFrom: Paula colbath \nSent: Tuesday, October 1, 2024 3:45 PM\nTo: Patrick Murphy < mur h w dn.net>\nCc: Marc Gottlieb ; MineOne-BcB \nSubject: RE: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This Afternoon.\n\nPat: Unfortunately, I\u2019m not able to connect with Jiaming and Erick until much later tonight, so I\u2019ll be back to you\nsometime tornorrow regarding your below email\n\nBest,\nPaula\n\n\n\n\nPaula Colbath\nPartner\n \u2022LOEB&\n LOEB\n345 Park Avenue I New York NY 10154\nDirect Dial: 212.407 4905 Fax 212 407 4990 j E-mail: bath loeb.aom\nLos Angeles New York Chicago Nashville Washington, DC I San Francisco I Beijing Hong Kong www loeb.com\n\n\n Mansfield Rule\n Certified 2022-2023 ..~\n /\n\nCONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is\nlegally privileged. If you are not the intended recipient, ot a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure,\ncopying, distribution or use of any oI the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in\nerror, please immediately notify the sender, Please destroy the original transmission and its attachments without readingor saving in any manner. Thank you Loeb &\nLoch LLP\n\n\nFrom: Patrick Murphy \nSent: Tuesday, October 1, 2024 4:27 PM\n\f","ocr_status":2,"date_upload":"2025-01-17T10:18:14.055319-08:00","document_number":"379","attachment_number":5,"pacer_doc_id":"20702487878","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414976170/","id":414976170,"tags":[],"absolute_url":"/docket/67320886/379/6/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-07T08:58:58.277632-07:00","date_modified":"2025-01-18T02:24:26.120518-08:00","sha1":"7ff97e3144cd3c40df91eb0b19c9a749484a4590","page_count":5,"file_size":1280767,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.379.6.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.379.6.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:23-cv-00079-ABJ Document 379-6 Filed 10/03/24 Page 1 of 5\n\n\n\n\n EXHIBIT\n F\n\f Case 1:23-cv-00079-ABJ Document 379-6 Filed 10/03/24 Page 2 of 5\n\n\nPatrick Murphy\n\nFrom: Paula Colbath \nSent: Wednesday, October 2, 2024 12:50 PM\nTo: Patrick Murphy\nCc: Marc Gottlieb; MineOne-BCB; Masterson; Sean M. Larson; Karl Hartman\nSubject: Re: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This\n Afternoon.\n\n\n Pat: I\u2019m sorry if I have not been clear. I\u2019m not authorized to consent to any further extensions of time on any\n filings. As you know, the MineOne Defendants filed a motion, which is hilly briefed and pending decision\nbefore Judge Johnson, requesting a 3 week extension of time to dates relating to motions for summary\njudgment, motions in limine, and the Pre-Trial Order. You consented to extend those dates and Judge Johnson\nheard oral argument from us. I don\u2019t see any reason that we should be contacting g to contacting Judge\nJohnson\u2019s Chambers. To be clear, except for the dates that are the subject of the pending motion, we intend to\n adhere to the current deadlines.\n\n\nPlease keep me posted as to when you think you will be sending me a draft settlement agreement, so that I can\ncarve out time in my schedule to review it.\n\nRegards,\nPaula\n\nFrom: Patrick Murphy \nSent: Wednesday, October 2, 2024 12:25:30 PM\nTo: Paula Colbath \nCc: Marc Gottlieb ; MineOne-BCB ; Masterson \nSubject: RE: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This Afternoon.\n\n\n\nPaula:\n\nLet me provide the following information before you and I jump on a call to Judge Johnson\u2019s chambers to ask\nthe Court to issue a short order pushing back our briefing deadlines by three weeks, and also issue the Court\u2019s\nwritten Order granting our joint request to push back BCB\u2019s Response deadline on the Motion to Compel to two\nweeks after any settlement impasse, and also pushing back by two weeks whatever briefing due date(s)\nMineOne may want.\n\n 1. The Clerk of the District Court just told me the current balance (as of today, October 2), in the court\n registry, is $15,253,384.96. The Clerk also advised me that it could take anywhere from 4-10 days from\n the date Judge Johnson signs an Order releasing and distributing the funds for the Clerk to be able to\n wire our clients their monies. She said the \u201cminimum time\u201d is three days, and was just speculating\n beyond that.\n\n 2. I have depositions already scheduled in my Thunderhead Ranch case on October 9-11 and 14, as well as\n a mediation in that case. The earliest date I am available for Emory Patterson\u2019s deposition is Tuesday,\n\f Case 1:23-cv-00079-ABJ Document 379-6 Filed 10/03/24 Page 3 of 5\n\n October 15. I just moved something to make October 15 available for Emory\u2019s deposition (should we\n ever need it).\n\n 3. Michael and I are getting crackin\u2019 on the draft Settlement Agreement.\n\nThank you, Paula.\n\nPat\n\n ~ Patricki. Murphy\n Attorney at Law\n -\n\u2022lI 11AM\u2019. N~K II~. RV~ . II I -\n Office: 307-265-0700\n pmurphy@wpdn.ne\n 159 N. Wolcott St. Suite 400(82601)\n WPDN.NET P.O. Box 10700\n Casper, WY 82602\n\n\nPRIVILEGE NOTICE: This email message cantains canfidential, privileged infarmatian intended salely far the addressee. Please da nat read, copy ar disseminate it unless yau are\nthe addressee. If you have received it in error, please call (collect) immediately at (307) 265-0700 and ask ta speak with the sender. \u2018lisa, I wauld appreciate your forwarding the\nmessage back tame and deleting it from your system. Thank you.\n\nFEDERAL TAX ADVICE DISCLAIMER This email is not tax advice and is not intended far the purposes of avoiding federal tax penalties ar promating, marketing, or recommending\nto another party any matters addressed herein, IRS Circular 230.\n\n\n\n\nFrom: Paula Colbath \nSent: Wednesday, October 2,20249:58 AM\nTo: Patrick Murphy \nCc: Marc Gottlieb ; MineOne-BCB ; Masterson \nSubject: RE: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This Afternoon.\n\nPat: I just Zoomed with Drs. Rengifo and Li. I have been advised that there is a settlement framework under discussion,\nbut as we know as lawyers, the devil is always in the details. I understand your side is drafting the settlement\nagreement and we look forward to reviewing it soon. In the meantime, we must all honor the deadlines we currently\nface, including getting Emory\u2019s deposition on the schedule for next Wednesday. Hopefully, we will have an inked deal\nbefore then, maybe as early as this week. Once we receive your draft settlement agreement, we will review it with our\nclients and get back to you ASAP with our comments\n\nAgain, we are on standby to review the draft settlement agreement that I understand Michael is working on.\n\nRegards,\nPaula\n\nFrom: Patrick Murphy \nSent: Wednesday, October 2, 2024 11:37 AM\nTo: Paula Colbath \nCc: Marc Gottlieb ; MineOne-BCB ; Masterson \nSent: Tuesday, October 1, 2024 4:28 PM\nTo: Patrick Murphy \nCc: Marc Gottlieb ; MineOne-BCB \nSubject: RE: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This Afternoon.\n\nI\u2019ll keep rny fingers crossed Things look encouraging\n\f Case 1:23-cv-00079-ABJ Document 379-6 Filed 10/03/24 Page 5 of 5\n\n\nRegards,\nPaula\n\nFrom: Patrick Murphy \nSent: Tuesday, October 1, 2024 5:47 PM\nTo: Paula Colbath \nCc: Marc Gottlieb ; MineOne-BCB \nSubject: RE: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This Afternoon.\n\n\n\n\nThat\u2019s fine, Paula. Thank you. Michael told me he and Erick and Jiaming are Zooming at 8pm Eastern tonight.\n\nWe\u2019ll round in the morning with each other to then call Judge Johnson\u2019s chamber.\n\nPat\n\n Patrick i. Murphy\n Attorney at Law\n Office: 307-265-0700\n\u2022UII~~I~ft1R1)K.RI,~ & .%IVIIH \u2018I..\n I\u2019n.~, Let, un. pmurphy@wpdn net\n 159 N. Wolcott St. Suite 400(82601)\n P.O. Box 10700\n WPON.NET\n\n on Casper, WY 82602\n\n\nPRIVILEGE NOTICE: This email message contains confidential, privileged information intended salelyfor the addressee. Please do not read, copy or d\u2019~seminate it unless you are\nthe addressee. If you have received it in error, please call (collect) immediately at (307) 265-0700 and ask to speak with the sender. Alsa, I would appreciate yaurfarwarding the\nmessage back to me and deleting it from your system. Thank you.\n\nFEDERAL TAX ADVICE DISCLAIMER: This email is not tax advice and is not intended far the purposes of avoiding federal tax penalties or promoting, marketing, or recommending\nto another potty any matters addressed herein. IRS Circular 230\n\n\n\n\nFrom: Paula Colbath \nSent: Tuesday, October 1, 2024 3:45 PM\nTo: Patrick Murphy \nCc: Marc Gottlieb ; MineOne-BcB \nSubject: RE: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This Afternoon.\n\nPat: Unfortunately, I\u2019m not able to connect with faming and Erick until rnuch later tonight, so I\u2019ll be back to you\nsometime tomorrow regarding your below email\n\nBest,\nPaula\n\f","ocr_status":2,"date_upload":"2025-01-17T10:18:14.527637-08:00","document_number":"379","attachment_number":6,"pacer_doc_id":"20702487879","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414976171/","id":414976171,"tags":[],"absolute_url":"/docket/67320886/379/7/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-07T08:58:58.318984-07:00","date_modified":"2025-01-18T02:21:59.727475-08:00","sha1":"fdd45e1ce3ecfe62b212862e56cbc9a17a613292","page_count":3,"file_size":882788,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.379.7.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.379.7.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:23-cv-00079-ABJ Document 379-7 Filed 10/03/24 Page 1 of 3\n\n\n\n\n EXHIBIT\n\f Case 1:23-cv-00079-ABJ Document 379-7 Filed 10/03/24 Page 2 of 3\n\n\nPatrick Murphy\n\nFrom: Paula Colbath \nSent: Wednesday, October 2, 2024 6:03 PM\nTo: Patrick Murphy; Scott Ortiz; Scott C. Murray\nCc: Marc Gottlieb; Masterson; Sean M. Larson; Karl Hartman; MineOne-BCB\nSubject: RE: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This\n Afternoon.\n\n\nPat: Your gall knows no limits.\n\nThe MineOne Defendants are in the thick of trial preparation and need produced now all of the documents your clients\nhave hidden and improperly withheld from production, all of which should have been produced to us in February\n2024. For the reasons set forth below, we cannot consent to any additional time for 80 to submit its opposition papers\non our motion to compel. We must receive BCB\u2019s opposition by Friday, October 4th, so we can expeditiously submit our\nReply and the motion can be fully briefed and submitted to the Court for decision\n\nAs you well know and is evident from your own emai ommunications, including your 10/1 email (sent at 2:26pm\n(MT)/4:26pm(EST), we never agreed to any extension of time for Plaintiff BCB to respond to the MineOne Defendants\u2019\nMotion to Compel, which Judge Hambrick granted the MineOne Defendants permission to make on Monday, September\n9th, with a filing deadline of September 17th (a mere 8 days later), which filing deadline was ultimately extended by\nJudge Hambrick to Friday, September 20th (an additional 3 days), for a total number of 11 days from Judge Hambrick\u2019s\npermission to make the motion to the required date of filing.\n\nOn Friday, October 4th, you will have been afforded a full 14 days to respond to our motion (time that exceeds the\namount of time we had to make the motion) and you have the audacity to seek another 25-day extension, to October\n29th, for a total of 39 days to respond to a straightforward motion to compel We vehemently oppose your requested\ntime extension to October 29th.\n\nWith regard to your request for a page extension (to 25 pages) we are agreeable to afford you the same number of\npages we were afforded, namely, 25 pages solely on the condition that BCB agree to afford the MineOne Defendants\n10 pages for their Reply. We look forward to receiving your Opposition on Friday October 4th\n\nRegards,\nPaula Colbath\n\n rom: atric urp y \nSent: Wednesday, October 2, 2024 6:44 PM\nTo: Paula Colbath \nCc: Marc Gottlieb ; Masterson ; Sean M. Larson ;\nKari Hartman \nSubject: RE: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This Afternoon.\n\n\n\n\nPaula:\n\nI am beginning to write BCB\u2019s [new] motion for an extension of time to file an over-length Response to\nMineOne\u2019s Motion to Compel Discovery andfor Sanctions (\u201cMotion\u2019). If you will not agree to file the three\n 1\n\f Case 1:23-cv-00079-ABJ Document 379-7 Filed 10/03/24 Page 3 of 3\n\npleadings I sent to you earlier this afternoon, I will file BCB\u2019s new motion tomorrow morning. I will be\nattaching this email string to BCB\u2019s [new] motion.. .if I am forced to file it, which I would rather not. In BCB\u2019s\n[new] motion, I want to correctly represent that you and I have conferred as to BCB\u2019s requests that it be allowed\nto file 1) an over-length Response brief of twenty-five (25) pages, and (b) that BCB be granted an extension of\ntime, through and including October 29, to file its over-length Response to MineOne\u2019s Motion.\n\nQuite aside from the fact that you and I agreed, on Sunday, September 29, that BCB should be given an\nextension of time of two weeks from and after whatever date, if any, our clients reach an impasse with their on\ngoing (and very fruitful) settlement negotiations, I politely remind you that the Court (Judge Hambrick) granted\nMineOne\u2019s request that it be allowed twenty-five pages to brief its Motion, and the Court also gave MineOne a\nfour-day extension of time to file its Motion. Consequently, I am asking that you please agree and consent that\nBCB be allowed to file an over-length Response of 25 total pages, and that BCB be given an extension of time\nuntil October 29 to file its Response.\n\nWould you please let me know whether you consent or won\u2019t consent to these two requests by 9:00 pm\nMountain tonight.\n\nWith respect to our clients\u2019 ongoing settlement talks, and Michael Murphy\u2019s work drafting the settlement\nagreement, Michael is a bit more delayed than I thought. He is on a plane right now flying to Denver. He has\nmade so much progress on the written agreement, but needs another hour after landing at 6:00 pm Mountain\nto finish up his work on the document. We now estimate that I can push a good draft of the document over to\nyou by 7:00 pm Mountain time this evening. It won\u2019t be a perfect document, but it will be pretty pretty good.\n\nLooking forward to hearing from you soon. Thanks. Please call me tonight on my cell at (307) 262-2872.\n\nPat\n\n ~ Patricki. Murphy\n Attorney at Law\n -\n~ITiL\u201dI\u2019. Rikit !C, IZ.~\u2019~ & NIVU I) Ft\u2019\n office: 307-265-0700\n pmurphy@wDdn.net\n 159 N. Wolcott St. Suite 400(82601)\n WPDN.NET P.O. Box 10700\n Casper, WY 82602\n\n\nPRIVILEGE NOTICE This email message contains confidential, privileged inform ation intended solely for the addressee, Please do not read, copy or disseminate it unless you are\nthe addressee. If you hove received it in error, please call (collect) immediately at (307) 265-0700 and ask to speak with the sender. Also, I would appreciate your forwarding the\nmessage bock to me and deleting it from your system. Thank you.\n\nFEDERAL TAX ADVICE DISCLAIMER: This ernoil is nor tox advice and is not intended for the purposes of avoiding federol tox penalties or promoting, marketing, or recommending\nto onother party any matters addressed herein IRS Circular 230.\n\n\n\n\nFrom: Patrick Murphy\nSent: Wednesday, October 2, 2024 1:54 PM\nTo: \u2018Paula Colbath\u2019 \nCc: Marc Gottlieb ; Masterson ; Sean M. Larson \nSubject: RE: BCB, MineOne, and Reaching Out to Judge Johnson\u2019s Judicial Assistant This Afternoon.\n\nPaula:\n 2\n\f","ocr_status":2,"date_upload":"2025-01-17T10:18:15.047359-08:00","document_number":"379","attachment_number":7,"pacer_doc_id":"20702487880","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414976172/","id":414976172,"tags":[],"absolute_url":"/docket/67320886/379/8/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-07T08:58:58.380228-07:00","date_modified":"2025-01-18T02:17:10.577280-08:00","sha1":"dc3b9d3539562e94fa68f70d42d9cff6f70dcac2","page_count":2,"file_size":161428,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.379.8.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.379.8.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 1:23-cv-00079-ABJ Document 379-8 Filed 10/03/24 Page 1 of 2\n\n\n\n\n IN THE UNITED STATES DISTRICT COURT\n\n FOR THE DISTRICT OF WYOMING\n\nBCB CHEYENNE LLC d/b/a BISON )\nBLOCKCHAIN, a Wyoming limited liability )\nCompany, . )\n )\n Plaintiff, )\n )\nv. ) Civil No. 23-CV-79\n )\nMINEONE WYOMING DATA CENTER, )\nLLC, a Delaware limited liability company; )\nMINEONE PARTNERS LLC, a Delaware )\nlimited liability company; TERRA CRYPTO )\nINC., a Delaware corporation; BIT ORIGIN, )\nLTD, a Cayman Island Company; )\nSONICHASH LLC, a Delaware limited )\nliability company; BITMAIN )\nTECHNOLOGIES HOLDING COMPANY, )\nA Cayman Island Company; BITMAIN )\nTECHNOLOGIES GEORGIA LIMITED, )\na Georgia corporation; and JOHN DOES 1-18, )\nrelated persons and companies who control )\nor direct some or all of the named Defendants, )\n )\n Defendants. )\n\n\n [PROPOSED] ORDER GRANTING PLAINTIFF BCB CHEYENNE LLC AN EXTENSION OF\n TIME UNTIL OCTOBER 21, 2024 TO FILE ITS RESPONSE TO THE MINEONE\n DEFENDANTS\u2019 MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS [ECF 366]\n\n\n THIS MATTER comes before the Court on Plaintiff BCB\u2019s Expedited Motion for An\n\nExtension of Time to File an Over-Length Response to the MineOne Defendants\u2019 Motion to\n\nCompel Discovery and for Sanctions (\u201cSecond Expedited Motion\u201d).\n\n The Court has carefully reviewed BCB\u2019s Second Expedited Motion. The Court has also\n\ncarefully reviewed BCB\u2019s First Expedited Motion. Aware that the existing deadline for BCB to\n\nfile its Response to the MineOne Defendants\u2019 Motion to Compel Discovery and for Sanctions is\n\npresently October 4, 2024, for the reasons expressed in BCB\u2019s Second Expedited Motion, the\n\n 1\n\f Case 1:23-cv-00079-ABJ Document 379-8 Filed 10/03/24 Page 2 of 2\n\n\n\n\nCourt FINDS that good cause is demonstrated, and the interests of justice are best served, by\n\ngranting BCB\u2019s request that it be allowed to file a 25-page over-length Response to the MineOne\n\nDefendants\u2019 Motion to Compel Discovery and for Sanctions and further granting BCB an extension\n\nof time from October 4, 2024 to October 21, 2024 to serve its 25-page Response.\n\n IT IS THEREFORE ORDERED that Plaintiff BCB Cheyenne LLC be and hereby is\n\ngranted leave to file a 25-page Response to the MineOne Defendants\u2019 25-page Motion to Compel\n\nDiscovery and for Sanctions, and\n\n IT IS FURTHER ORDERED that BCB Cheyenne LLC is granted an extension of time,\n\nfrom October 4, 2024 to October 21, 2024, to file its 25-page Response to the MineOne\n\nDefendants\u2019 25-page Motion to Compel Discovery and for Sanctions.\n\n DATED this _____ day of October, 2024.\n\n\n\n BY THE COURT: ______________________\n Alan B. Johnson\n United States District Judge\n\n\n\n\n 2\n\f","ocr_status":2,"date_upload":"2025-01-17T10:18:15.524532-08:00","document_number":"379","attachment_number":8,"pacer_doc_id":"20702487881","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Proposed Order","acms_document_guid":""}],"date_created":"2024-10-03T14:19:00.448855-07:00","date_modified":"2025-09-23T09:32:31.323683-07:00","date_filed":"2024-10-03","time_filed":"15:02:31","entry_number":379,"recap_sequence_number":"2024-10-03.001","pacer_sequence_number":1250,"description":"MOTION REFERRED TO Judge Stephanie A Hambrick MOTION for Extension of Time (Non-Dispositive) requesting extension of Time to File An Over-Length Response filed by Plaintiff BCB Cheyenne LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Proposed Order)(Murphy, Patrick) Modified on 10/4/2024 (Court Staff, ssw). (Entered: 10/03/2024)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/404199250/","id":404199250,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67320886/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414664006/","id":414664006,"tags":[],"absolute_url":"/docket/67320886/380/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-03T14:19:00.251237-07:00","date_modified":"2025-09-23T09:32:31.450580-07:00","sha1":"b4896f5395d7a770ea4916e443d41ead30282191","page_count":11,"file_size":242008,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.380.0_1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.380.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 1:23-cv-00079-ABJ Document 380 Filed 10/03/24 Page 1 of 11\n\n\n\n\nPatrick J. Murphy, WSB No. 7-1779\nScott C. Murry, WSB No. 7-4896\nWILLIAMS, PORTER, DAY & NEVILLE, P.C.\n159 N. Wolcott, Ste. 400\nP.O. Box 10700 (82602)\nCasper, WY 82601\nEmail: pmurphy@wpdn.net\n smurray@wpdn.net\n\n\n\n\n IN THE UNITED STATES DISTRICT COURT\n FOR THE DISTRICT OF WYOMING\n\n\nBCB CHEYENNE LLC d/b/a BISON )\nBLOCKCHAIN, a Wyoming limited liability )\nCompany . )\n )\n Plaintiffs )\n )\nv. ) Civil No. 23-CV-79\n )\nMINEONE WYOMING DATA CENTER, )\nLLC, a Delaware limited liability company; )\nMINEONE PARTNERS LLC, a Delaware )\nlimited liability company; TERRA CRYPTO )\nINC., a Delaware corporation; BIT ORIGIN, )\nLTD, a Cayman Island Company; )\nSONICHASH LLC, a Delaware limited )\nliability company; and JOHN DOES 1-20, )\nrelated persons and companies who control )\nor direct some or all of the named Defendants, )\n )\n Defendants. )\n\n\n PLAINTIFF\u2019S BCB CHEYENNE LLC\u2019S EXPEDITED MOTION\n TO EXTEND CERTAIN BRIEFING DEADLINES BY THREE WEEKS,\n AS EARLIER AGREED BY ALL PARTIES\n\n\n COMES NOW Plaintiff BCB Cheyenne LLC d/b/a Bison Blockchain (\u201cBCB\u201d),\n\nthrough its counsel Patrick J. Murphy of WILLIAMS, PORTER, DAY & NEVILLE, PC, and\n\n 1\n\f Case 1:23-cv-00079-ABJ Document 380 Filed 10/03/24 Page 2 of 11\n\n\n\n\nhereby files this Expedited Motion for the Court to quickly extend the briefing deadlines\n\nthe Parties earlier agreed and stipulated should be extended by three weeks, but to which\n\nthe MineOne Defendants (but not Bit Origin or SonicHash) now seem to be withdrawing\n\ntheir earlier agreement and motion. This is an Expedited Motion because the current\n\ndeadline for filing dispositive motions is tomorrow, October 4, 2024 and, for the reasons\n\narticulated below, the Parties and their counsel are in no position to file their complete and\n\nbest-prepared dispositive motions by tomorrow. In support of this Expedited Motion, BCB\n\nand its counsel show the Court as follows:\n\n1. This Expedited Motion is being filed with the Court at the same time BCB is filing\n\n its companion Expedited Motion for an Extension of Time to File an Over-Length\n\n Response to the MineOne Defendants\u2019 Motion to Compel Discovery and for\n\n Sanctions (\u201cFirst Expedited Motion\u201d). All of the facts and arguments in BCB\u2019s\n\n First Expedited Motion are incorporated by reference in this Second Expedited\n\n Motion. These two Expedited Motions are connected and related to each other.\n\n2. The specific relief BCB is asking for with this Second Expedited Motion is for the\n\n Court to quickly enter its Order extending the following case deadlines by three\n\n weeks, specifically:\n\n A. The October 4, 2024 deadline to file dispositive motions to October\n 25, 2024;\n B. The October 18, 2024 deadline to file Responses to all dispositive\n motions to November 8, 2024;\n C. The October 25, 2024 deadline to file any Reply to any dispositive\n motions to November 15, 2025;\n\n\n 2\n\f Case 1:23-cv-00079-ABJ Document 380 Filed 10/03/24 Page 3 of 11\n\n\n\n\n D. The October 18, 2024 deadline to file other (nondispositive) motions\n to November 9, 2024;\n E. The November 15, 2024 deadline to file the Parties\u2019 Joint Pretrial\n Memorandum to December 6, 2024;\n F. The November 8, 2024 deadline to file any motions in limine to\n November 29, 2024;\n G. The November 22, 2024 deadline to file any Responses to any\n motions in limine to December 13, 2024; and\n H. The December 2, 2024 deadline to file any Replies to any motions in\n limine to December 22, 2024.\n\n3. On September 10, 2024, the MineOne Defendants filed their Motion to Modify the\n\n Court\u2019s April 25, 2024 Scheduling Order where they asked the Court to push back,\n\n by three weeks, the case deadlines articulated in Paragraph 2 above [See ECF 344\n\n at Page 11 of 14].\n\n4. Defendants Bit Origin and SonicHash joined with the MineOne Defendants in\n\n asking that the April 25, 2024 Revised Scheduling Order be further revised to ask\n\n that these briefing deadlines be extended by three weeks.\n\n5. Then, in its September 24, 2024 Response to the MineOne Defendants\u2019 Motion to\n\n Modify, BCB and its counsel agreed that these briefing deadlines should be\n\n extended three weeks by the Court [ECF 372 at Pages 2 of 13 and 11 of 13]. BCB\n\n said:\n\n Plaintiff BCB agrees that each of the following existing deadlines\n should be moved back by three weeks: (i) Dispositive motions: October 4,\n 2024; (ii) Responses to dispositive motions and filing of all other pretrial\n motions: October 18, 2024; (iii) Replies to dispositive motions: October 25,\n\n 3\n\f Case 1:23-cv-00079-ABJ Document 380 Filed 10/03/24 Page 4 of 11\n\n\n\n\n 2024; (iv) Joint Final Pretrial Memorandum: November 8, 2024; and (v)\n Motions in Limine: November 8, 2024.\n All Parties also agree to keep the January 27, 2025 trial date. And\n BCB agrees with the MineOne Defendants\u2019 representations that: (1) \u201cOn\n September 9, 2024, Judge Hambrick ordered that the [new] deadline for\n taking depositions be extended [from September 17, 2024] until September\n 30, 2024,\u201d and (2) \u201cMineOne will conduct the depositions of the witnesses\n that have been identified by the Court\u2019s September 30, 2024 deadline.\u201d\n [ECF 344 at Page 4 of 14] (emphasis added). This is what should happen,\n and BCB stipulates to it.\nId. at Page 2 of 13 (emphasis in original).\n\n6. Then, on September 26, 2024, the Court heard the Parties\u2019 oral arguments on\n\n MineOne\u2019s Motion to Modify. The Court heard Bit Origin and SonicHash\u2019s\n\n concurrence with pushing back these deadlines three weeks, and Plaintiff BCB\u2019s\n\n agreement and stipulation these case deadlines should be pushed back three weeks.\n\n See Transcript of the Court\u2019s 9/26/24 Motion hearing. At these oral arguments, all\n\n counsel asked the Court to push back these deadlines by three weeks. Id. While the\n\n Parties disagreed on most of the substantive matters in their September 26 oral\n\n arguments, they all agreed the Court should extend/push back these specific case\n\n deadlines by three weeks.\n\n7. The Court has not yet entered any Order on MineOne\u2019s Motion to Modify the April\n\n 25, 2024 Revised Scheduling Order. The Court\u2019s decision on this Motion to Modify\n\n remains under advisement.\n\n\n\n\n 4\n\f Case 1:23-cv-00079-ABJ Document 380 Filed 10/03/24 Page 5 of 11\n\n\n\n\n8. Good cause and good reasons existed then, and still exist, for the Court to quickly\n\n enter its Order pushing back these specific case deadlines (articulated above in\n\n Paragraph 2) by three weeks.\n\n9. First, the Parties and their counsel do not yet have the needed facts and evidence to\n\n fully and meaningfully present their complete and well-written dispositive motions\n\n to the Court by tomorrow, October 4, 2024. BCB needs the deposition testimony\n\n of MineOne\u2019s Jiaming Li and Haku Du, and BCB has specifically asked for these\n\n two depositions, but MineOne has not provided available dates for either Dr. Li or\n\n Ms. Du for their depositions. On September 9, 2024, Judge Hambrick specifically\n\n ordered MineOne to provide BCB with Dr. Li\u2019s and Ms. Du\u2019s available dates for\n\n their deposition \u201cas soon as possible\u201d [ECF 339]. (\u201cMineOne\u2019s counsel to provide\n\n availability dates for the depositions of Haku Du and Dr. Jiaming Li as soon as\n\n possible\u201d). But MineOne has never complied with Judge Hambrick\u2019s 9/9/24\n\n discovery Order. MineOne has refused to provide BCB with any dates for\n\n depositions of these two central fact witnesses. BCB cannot meaningfully write its\n\n dispositive motions without these two MineOne witnesses\u2019 testimony.\n\n10. Second, BCB took the deposition of MineOne\u2019s Erick Rengifo 1 most of the day on\n\n Friday, September 27. But BCB\u2019s counsel has not yet received Dr. Rengifo\u2019s\n\n deposition transcript from the court reporter, and BCB\u2019s counsel has not had any\n\n\n\n1\n Dr. Rengifo and Dr. Li are two of the primary decision-makers of MineOne Wyoming Data Center LLC\nand Terra Crypto Inc. Their testimony is critical. They were the two men who anticipatorily repudiated\nBCB\u2019s DHS Agreement with their March 13, 2023 take-it-or-leave-it Proposal to BCB, a \u201cProposal\u201d Dr.\nLi earlier told Dr. Rengifo that BCB \u201cwill have no choice\u201d but to accept.\n\n\n 5\n\f Case 1:23-cv-00079-ABJ Document 380 Filed 10/03/24 Page 6 of 11\n\n\n\n\n opportunity to read, let alone digest, Dr. Rengifo\u2019s extensive deposition testimony,\n\n or incorporate his most important testimony into a Summary Judgment\n\n Memorandum.\n\n11. Third, Patrick Murphy first received the deposition transcript of Yiliang Guo at\n\n 11:57 a.m. Mountain on October 3, 2024. Mr. Murphy has had no time or\n\n opportunity to read, let alone incorporate, the important deposition testimony of Mr.\n\n Guo. Mr. Guo, in his deposition, rebutted any notion that BitMain Georgia ever\n\n expressed any desire, to Dr. Rengifo or Dr. Li, that BitMain Georgia wanted\n\n MineOne to remove BCB as the host and operator in Phase 2 at North Range. BCB\n\n and its counsel need more time to incorporate Mr. Guo\u2019s important testimony in any\n\n summary judgment memorandum.\n\n12. Fourth, on Sunday morning, September 29, 2024 two days after Patrick Murphy\n\n deposed Dr. Rengifo and one day before MineOne was going to take the deposition\n\n of BCB\u2019s Emory Patterson on the September 30 deposition discovery cutoff, Ms.\n\n Colbath called Patrick Murphy, and spoke with Mr. Murphy, as Mr. Murphy was\n\n headed into 8:30 a.m. Mass at Our Lady of Fatima in Casper. Importantly, Ms.\n\n Colbath asked that she postpone her 9/30/24 deposition of Emory Patterson so that\n\n the Parties themselves \u2013 Michael Murphy for BCB and Erick Rengifo/Jiaming Li\n\n for the MineOne Defendants \u2013 could have face-to-face, direct settlement\n\n negotiations between themselves, without lawyers \u2013 to seek to settle this case.\n\n Patrick Murphy fully agreed with Ms. Colbath. And, later that Sunday afternoon,\n\n Michael Murphy and Dr. Rengifo had the first of multiple Rule 408 Zoom\n\n\n 6\n\f Case 1:23-cv-00079-ABJ Document 380 Filed 10/03/24 Page 7 of 11\n\n\n\n\n settlement meetings and negotiations. In that Sunday morning call, Ms. Colbath\n\n asked, and Mr. Murphy agreed, to vacate the 9/30/24 deposition of Emory Patterson\n\n to allow the Parties (and their counsel, behind the scenes) to devote their efforts to\n\n trying to seek a global settlement and resolution of everything in this litigation.\n\n Patrick Murphy agreed that he would provide Mr. Patterson for a deposition at a\n\n mutually convenient date, later in October, should the Parties not be able to reach a\n\n settlement in the coming week, or early next week. See \u201cExhibit A.\u201d Earlier this\n\n week, Patrick Murphy told Paula Colbath he could provide BCB founding member\n\n Emory Patterson for his deposition on October 15, 2024.\n\n13. As noted in the companion First Expedited Motion, Michael Murphy, Emory\n\n Patterson, Erick Rengifo and Jiaming Li have diligently pursued their face-to-face\n\n Zoom settlement negotiations. Last night at 8:51 p.m. Mountain, Michael Murphy\n\n e-mailed Dr. Rengifo, Dr. Li and Paula Colbath with a near-complete draft of the\n\n written settlement agreement Michael Murphy had been drafting all day on\n\n Wednesday, October 2, 2024. And Michael Murphy has had three (3) follow-up\n\n Zoom settlement calls with Dr. Rengifo early Thursday morning, October 3, to\n\n discuss and continue working on the final terms of that proposed settlement\n\n agreement.\n\n14. Yet, in spite of this history, counsel for the MineOne Defendants suddenly changes\n\n course and seemingly will not now consent that the case deadlines in Paragraph 2\n\n above be extended by three weeks. Marc Gottlieb and his clients still agree these\n\n case deadlines should be pushed back by three weeks, but Ms. Colbath does not.\n\n\n 7\n\f Case 1:23-cv-00079-ABJ Document 380 Filed 10/03/24 Page 8 of 11\n\n\n\n\n15. Patrick Murphy has had a series of conferral e-mails with MineOne\u2019s counsel, Paula\n\n Colbath, about this issue this week. Mr. Murphy has asked Ms. Colbath to please\n\n call Mr. Murphy to further discuss this issue, but Ms. Colbath has not called Mr.\n\n Murphy.\n\n16. When Mr. Murphy sent his final conferral e-mail to Ms. Colbath at 9:38 Mountain\n\n last night on this issue, Mr. Murphy wrote:\n\n And finally, you already agreed to the three-week push back on all the\n briefing deadlines. In fact, you proposed it! Then, in my Response, I agreed\n with it. Then, in our September 26 oral arguments, we both told/asked Judge\n Johnson to push back those deadlines by three weeks. I relied on your\n representation that those deadlines be extended three weeks. You still need\n to depose Emory Patterson (if we don\u2019t settle). And both of us want to\n incorporate Emory\u2019s testimony into our dispositive motions. And, despite\n Judge Hambrick\u2019s Order, three weeks ago, that you provide me available\n dates for Jiaming\u2019s deposition and Haku Du\u2019s deposition, you have never\n provided me with any dates. I need their deposition testimony for BCB\u2019s\n dispositive motions.\n Simply stated, I again ask that you please consent to us filing \u2014\n tomorrow morning \u2014 the Stipulated Motion [and proposed Order] I sent you\n earlier today to move those briefing deadlines back by three weeks.\n Thank you, Paula.\nSee \u201cExhibit B.\u201d\n\n Then Ms. Colbath wrote her e-mail reply to Patrick Murphy earlier this morning\n(October 3).\n We must continue the litigation and meet our current deadlines. Trial\n preparation must continue, as the clock is ticking and there's no assurance of\n\n\n\n 8\n\f Case 1:23-cv-00079-ABJ Document 380 Filed 10/03/24 Page 9 of 11\n\n\n\n\n a settlement. There's simply no reason that the lawyers cannot file the\n required papers, while the clients explore settlement options. Given the\n decisions the Court needs to make and our fast-approaching trial date and\n required pretrial filings, we must continue on two tracks (and I know you\n understand that). Let's get Mr. Patterson's deposition rescheduled. Let's file\n our motion papers so Judge Johnson can begin to make the necessary pre-\n trial decisions. The motion to compel is a motion the MineOne Defendants\n will ask Judge Johnson to expedite [a] decision on since we need the\n withheld documents for our trial preparation. Please do not continue to stall\n your opposition papers on this motion.\nSee \u201cExhibit C.\u201d\n\n17. Ms. Colbath dodged Mr. Murphy\u2019s specific request that she (again) consent to\n\n pushing back the above-stated briefing deadlines by three weeks. And she provided\n\n no meaningful explanation for why these briefing deadlines should not be extended\n\n by three weeks.\n\n18. For all the reasons expressed in this Second Expedited Motion and the First\n\n Expedited Motion, BCB and its counsel are not able to write, finalize and file BCB\u2019s\n\n thoughtful and complete dispositive motions by October 4, 2024. BCB and its\n\n counsel need three extra weeks \u2013 following completion of the Patterson, Li and Du\n\n depositions and receipt of Dr. Rengifo\u2019s deposition transcript \u2013 to thoughtfully and\n\n fully brief BCB\u2019s dispositive motions.\n\n\n WHEREFORE, in what once was \u2013 and still should be \u2013 an agreed and stipulated\n\nrequest to push back the specific case deadlines in Paragraph 2 above, BCB and its counsel\n\nrespectfully request that the Court quickly enter its Order extending the aforementioned\n\n\n 9\n\f Case 1:23-cv-00079-ABJ Document 380 Filed 10/03/24 Page 10 of 11\n\n\n\n\nspecific briefing deadlines by three weeks. A [proposed] Order is attached for the Court\u2019s\n\nconvenience.\n\n DATED this 3rd day of October 2024.\n\n BCB CHEYENNE LLC d/b/a\n BISON BLOCKCHAIN, Plaintiff\n\n By: /s/ Patrick J. Murphy\n Patrick J. Murphy (WSB No. 5-1779)\n Scott C. Murray (WSB No. 7-4896)\n WILLIAMS, PORTER, DAY & NEVILLE, PC\n 159 N Wolcott St. Suite 400\n Casper, WY 82601\n Ph: (307) 265-0700\n pmurphy@wpdn.net\n smurray@wpdn.net\n\n\n\n\n 10\n\f Case 1:23-cv-00079-ABJ Document 380 Filed 10/03/24 Page 11 of 11\n\n\n\n\n CERTIFICATE OF SERVICE\n\n The undersigned does hereby certify that a true and correct copy of the foregoing\ndocument was served upon counsel as indicated below this 3rd day of October 2024.\n\n Sean M. Larson, WSB No. 7-5112 [ ] U.S. Mail (prepaid)\n Kari Hartman, WSB No. 8-6507 [x] CM/ECF Electronic Transmission\n HATHAWAY & KUNZ, LLP [ ] Overnight Delivery\n P.O. Box 1208 [ ] Hand Delivery\n Cheyenne, WY 82001 [ ] Electronic Mail\n slarson@hkwyolaw.com\n khartman@hkwyolaw.com\n\n Marc S. Gottlieb [ ] U.S. Mail (prepaid)\n ORTOLI ROSENSTADT, LLP [x] CM/ECF Electronic Transmission\n 366 Madison Avenue, 3rd Floor [ ] Overnight Delivery\n New York, NY 10017 [ ] Hand Delivery\n msg@orllp.legal [ ] Electronic Mail\n\n Meggan J. Hathaway [ ] U.S. Mail (prepaid)\n Jane M. France [x] CM/ECF Electronic Transmission\n SUNDAHL, POWERS, KAPP & MARTIN, LLC [ ] Overnight Delivery\n 500 W. 18th Street, Ste. 200 [ ] Hand Delivery\n Cheyenne, WY 82003 [ ] Electronic Mail\n mhathaway@spkm.org\n jfrance@spkm.org\n\n Paula Colbath, Pro Hac Vice [ ] U S. Mail (prepaid)\n Alex Inman, Pro Hac Vice [x] CM/ECF Electronic Transmission\n David Forrest, Pro Hac Vice [ ] Overnight Delivery\n Leily Lashkari, Pro Hac Vice [ ] Hand Delivery\n LOEB & LOEB LLP [ ] Electronic Mail\n 345 Park Avenue New York, NY 10154\n pcolbath@loeb.com\n ainman@loeb.com\n dforrest@loeb.com\n llashkari@loeb.com\n\n\n\n By: /s/ Patrick J. Murphy\n Patrick J. Murphy\n\n\n\n 11\n\f","ocr_status":2,"date_upload":"2025-01-17T10:13:29.444397-08:00","document_number":"380","attachment_number":null,"pacer_doc_id":"20702487899","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Motion for Extension of Time (Non-Dispositive)","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414976160/","id":414976160,"tags":[],"absolute_url":"/docket/67320886/380/1/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-07T08:58:44.241473-07:00","date_modified":"2025-01-18T02:16:47.712445-08:00","sha1":"c119b026ebe827fa089d6c470ca198ca5c9ac186","page_count":5,"file_size":901275,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.380.1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.380.1.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:23-cv-00079-ABJ Document 380-1 Filed 10/03/24 Page1of5\n\nEXHIBIT A\n\fCase 1:23-cv-00079-ABJ Document 380-1 Filed 10/03/24 Page 2of5\n\nPatrick Murphy\n\n\u2014\u2014\u2014\u2014 Sea)\nFrom: Paula Colbath \nSent: Sunday, September 29, 2024 8:51 AM\nTo: Patrick Murphy\nCc: Marc Gottlieb; murf@bcbv.net\nSubject: Re: BCB: Yiliang Guo Exhibits 1-7\n\nNoted and passed on.\n\nThis will also confirm our conversation that we will not go forward tomorrow with Emory Patterson\u2018s deposition, as the\nparties are focused on efforts to resolve the matter. If settlement discussions are unsuccessful, you agreed to provide a\ndate in the future for Mr. Patterson\u2019s deposition. If my understanding of our conversation is inaccurate, please let me\nknow ASAP.\n\nRegards,\nPaula\n\nPaula Colbath\nPartner\n\n@1OEBS\nLOEBur\n\n345 Park Avenue | New York, NY 10154\nDirect Dial: 212.407.4905 | Fax: 212.407.4990 | E-mail: pcolbath@loeb.com\n\nLos Angeles | New York | Chicago | Nashville | Washington, DC | San Francisco | Beijing | Hong Kong | www.loeb.com\n\ny Mansfield Rule\n\nzy Certified 2022-2023 ower\n\nCONFIDENTIA ! ICE: This \u00a2 il tr s510n, ane documents, files oi 4 s e-mail messages attache iT conta nfiden nfarmation that\nlegally privileged. ff you are not the ided recipient, cre person responsible far delivering it h ecipient, you a votitied tha disclos'\ncopying, distribution or use of any of the information contained | attached to th ANSMISS! RICTLY PROHIBITEL out ed this tra ol\nerror, please immediately notify the sender. Please destroy the original transmission and its attachments without reading o anne vank oet\n\nPp\n\nFrom: Patrick Murphy \n\nSent: Sunday, September 29, 2024 10:30:46 AM\n\nTo: Paula Colbath \n\nCc: Marc Gottlieb ; murf@bcbv.net \nSubject: Re: BCB: Yiliang Guo Exhibits 1-7\n\nPaula: michael Murphy\u2019s cell phone is (720) 222-3355.\n\fCase 1:23-cv-00079-ABJ Document 380-1 Filed 10/03/24 Page 3of5\n\nMichael would like to Zoom with Erick this morning or early afternoon.\nHeaded into Mass now.\n\nPat\n\nOn Sep 23, 2024, at 5:45 PM, Patrick Murphy wrote:\n\nThank you for letting me know this, Paula.\n\nPat\n\nOn Sep 23, 2024, at 5:40 PM, Paula Colbath wrote:\n\n| have no exhibits.\n\nPaula Colbath\nPartner\n\n\n\n345 Park Avenue | New York, NY 10154\nDirect Dial: 212.407.4905 | Fax: 212.407.4990 | E-mail: pcolbath@loeb.com\n\nLos Angeles | New York | Chicago | Nashville | Washington, DC | San Francisco | Beijing | Hong Kong\n\n| www.loeb.com\n\n\n\nfo 1 ISNUSSION, ane J Mens. THES OF Ff \\ e Messapes hea\n\na I that 1s pri f you are not the intended recipie a perso\n\n1g he intengeo recipien ereby notified that any di \u20ac. copying, distribution\nntained 1 attac this transmission is STRICTLY PROHIBI if you have receiver\n\nerro! please inimediately notify the Please destroy th iginal transmissior d its\n\nLoeb & Loek LLF\n\nFrom: Patrick Murphy \nSent: Monday, September 23, 2024 7:06:07 PM\nTo: Paula Colbath ; Marc Gottlieb ; Feinstein,\nMarc \nCc: Stutz, Kate ; Iden, David ;\ndhirsch@omm.com ; Pao, Will ; Khale J.\nLenhart ; Wendy Trembath ;\nAlex Inman ; David Forrest ; Leily Lashkari\n; Sean Larson ; Kari Hartman\n\nzZ\n\fCase 1:23-cv-00079-ABJ Document 380-1 Filed 10/03/24 Page 4of5\n\n\nSubject: RE: BCB: Yiliang Guo Exhibits 1-7\n\nPaula and Marc:\n\nI am waiting to receive your depositions exhibits by email. Could you please\nsend those to me now so I can print them? Thank you!\n\nI assume you received the seven exhibits that I sent you with this morning\u2019s\nemail; right?\n\nPat\n\nPatrick J. Murphy\n\n\nAttorney at Law\n\nWPDN.NET | Office: 307-265-0700\npmurphy@wopdn.net\n\n159 N. Wolcott St. Suite 400 (82601)\nP.O. Box 10700\n\nCasper, WY 82602\n\n\n\n\n\nPRIVILEGE NOTICE: This email message contains confidential, privileged information intended solely for the addressee. Please do\nnot read, copy or disseminate it unless you are the addressee. If you have received it in error, please call (collect) immediately at\n(307) 265-0700 and ask to speak with the sender. Also, | would appreciate your forwarding the message back to me and deleting it\nfrom your system. Thank you.\n\nFEDERAL TAX ADVICE DISCLAIMER: This email is not tax advice and is not intended for the purposes of avoiding federal tax\npenalties or promoting, marketing, or recommending to another party any matters addressed herein. IRS Circular 230.\n\nFrom: Patrick Murphy\n\nSent: Monday, September 23, 2024 10:52 AM\n\nTo: Paula Colbath ; Marc Gottlieb ; Feinstein,\nMarc \n\nCc: Stutz, Kate ; Iden, David ;\ndhirsch@omm.com; Pao, Will ; Khale J. Lenhart\n; Wendy Trembath ;\nainman@loeb.com; David Forrest ; Leily Lashkari\n; Sean Larson ; Kari Hartman\n\n\nSubject: FW: BCB: Yiliang Guo Exhibits 1-7\n\nDear Counsel:\n\nAttached please find courtesy copies of the seven (7) exhibits | have marked for Yiliang\n\nGuo\u2019s Zoom deposition this evening. | want all of you to have easy and ready access to\n\nall seven (7) exhibits. | do not anticipate \u201cscreen sharing\u201d during my direct examination\nof Mr. Guo. Instead, | will just refer to these seven (7) exhibits.\n\fCase 1:23-cv-00079-ABJ Document 380-1 Filed 10/03/24 Page5of5\n\nJust so you know, these are exactly the same seven (7) exhibits that are attached to Mr.\nGuo\u2019s Mediation Affidavit. So all of you already have them.\n\n| will ask Wendy Trembath to forward this email to our court reporter, Randy Hatlestad.\nPaula and Marc G: Would you please do me the return favor of sending me all of the\ndocuments you are going to use or mark as deposition exhibits for Mr. Guo? Thank you\nin advance.\n\nThank you.\n\nPat Murphy\n\nPatrick J. Murphy\n\n\nAttorney at Law\n\nWPDN.NET Office: 307-265-0700\npmurphy@wopdn.net\n\n159 N. Wolcott St. Suite 400 (82601)\nP.O. Box 10700\n\nCasper, WY 82602\n\n\n\n\n\nPRIVILEGE NOTICE: This email message contains confidential, privileged information intended solely for the addressee. Please do\nnot read, copy or disseminate it unless you are the addressee. If you have received it in error, please call (collect) immediately at\n(307) 265-0700 and ask to speak with the sender. Also, | would appreciate your forwarding the message back to me and deleting it\nfrom your system, Thank you.\n\nFEDERAL TAX ADVICE DISCLAIMER: This email is not tax advice and is not intended for the purposes of avoiding federal tax\npenalties or promoting, marketing, or recommending to another party any matters addressed herein. IRS Circular 230.\n\nThis email has been scanned for spam and viruses. Click here to report this email as\nspam.\n\n\n\n\n\n\nThis email has been scanned for spam and viruses. Click here to report this email as spam.\n","ocr_status":1,"date_upload":"2025-01-17T10:13:30.110470-08:00","document_number":"380","attachment_number":1,"pacer_doc_id":"20702487900","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit A","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414976161/","id":414976161,"tags":[],"absolute_url":"/docket/67320886/380/2/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-07T08:58:44.281177-07:00","date_modified":"2025-01-18T02:09:57.164438-08:00","sha1":"f66ab7782a57727afed5d23dedfed896512e628a","page_count":8,"file_size":1946363,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.380.2.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.380.2.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:23-cv-00079-ABJ Document 380-2 Filed 10/03/24 Page 1of8\n\nEXHIBIT B\n\n\fCase 1:23-cv-00079-ABJ Document 380-2 Filed 10/03/24 Page 2of8\n\nPatrick Murphy\n\nFrom: Patrick Murphy\n\nSent: Wednesday, October 2, 2024 9:38 PM\n\nTo: Paula Colbath\n\nCc: Scott Ortiz; Scott C. Murray; Marc Gottlieb; murf@bcbv.net; Masterson; MineOne-BCB;\nStephen Cohen\n\nSubject: Re: Form W9 and Form AO-213\n\nPaula:\n\n| know it is late in NYC. But | want to send you this final conferral e-mail tonight to seek your agreement on the various\nextensions, all of which you earlier wrote to me, saying, \u201c...| do think what your (sic) proposing makes sense under the\ncircumstances.\u201d\n\nYes, it makes great sense, Paula.\n\nFirst, my son Michael is just minutes away from sending you, Erick, and Jiaming the draft settlement agreement he has\ndevoted his whole day and night to writing. Michael has reached out to Erick to ask for another Zoom settlement call\nwith Erick tomorrow, and Michael tells me Erick is trying to juggle his schedule to have that Zoom call with Michael\ntomorrow. That\u2019s good and appreciated.\n\nSecond, | hear your concerns about a proposed extension of time until October 29 for BCB to file its Response to\nMineOne\u2019s Motion to Compel and for Sanctions. BCB and | would like to suggest a new proposed extension \u2014 to\nMonday, October 21. Here\u2019s why. Michael and | dropped all our litigation efforts on Sunday morning, September 29, to\ndedicate all our time and energies to trying to reach a settlement of all claims with all Parties. That\u2019s what | told you\nMichael and | would be doing in our September 29 call. Your client representatives, Erick and Jiaming, know and\nappreciate the efforts and lengths Michael has pursued to negotiate and reach a settlement with them. And Erick and\nJiaming have worked very hard, too (per Michael). And Michael will stay devoted to this settlement effort until the very\nend, even if it takes a few more days. Consequently, he and | stopped working on researching your big Motion on\nSunday morning, working instead to pursue a laudable settlement goal and effort.\n\nSo we are losing at least a week, maybe 8-9 days, because of our settlement push (and with you now saying you may not\nreach out to a partner, in Stephen Cohen\u2019s absence, to review Michael's draft Settlement Agreement). That would be\nunfortunate and unnecessary delay, Paula.\n\nThen there was the three-day extension of time the MineOne Defendants received to file their Motion.\n\nThus, in my mind, | thought, if we ever reach a settlement impasse on/about October 15 \u2014 which we should not \u2014\nMichael and | would need two more weeks to research, write and file BCZb\u2019s Response. But, for our conferral purposes\ntonight [and in any Motion | would file tomorrow if we can\u2019t agree], | will ask for an extension of time to October 21 \u2014\nnot October 29 \u2014 to file BCB\u2019s Response.\n\nWill you please consent to October 21 for BCB\u2019s Response? Given the circumstances, especially this \u201cbig settlement\ntime-out\u201d we are still in, your extension of time from Judge Hambrick, the intervening depositions of Yiliang Guo, Erick\nRengifo and Emory Patterson, and my willingness to extend you the courtesy of reciprocal extensions for your Responses\nto BCB\u2019s pending motions, October 21 is a very reasonable extension, an extension | feel Judge Johnson will grant BCB,\neven if you object to it.\n\fCase 1:23-cv-00079-ABJ Document 380-2 Filed 10/03/24 Page 3of8\n\nIn return for this much-shortened extension of time to file BCB\u2019s Response, | ask that you please withdraw your\nconditional consent to BCB filing a 25-page over-length Response. You should simply allow to BCB what the Court gave\nthe MineOne Defendants: a 25-page Response. Your consent should not be tethered to an unreasonable demand that\nyour clients receive a ten-page Reply Brief. We'll cross that bridge if we ever have to. Again, | feel Judge Johnson will\n\u201cafford BCB what MineOne received, a 25-page Response,\u201d without linking it, or tying it, to your request for a ten-page\nReply.\n\nAnd finally, you already agreed to the three-week push back on all the briefing deadlines. In fact, you proposed\n\nit! Then, in my Response, | agreed with it. Then, in our September 26 oral arguments, we both told/asked Judge\nJohnson to push back those deadlines by three weeks. | relied on your representation that those deadlines be extended\nthree weeks. You still need to depose Emory Patterson (if we don\u2019t settle). And both of us want to incorporate Emory\u2019s\ntestimony into our dispositive motions. And, despite Judge Hambrick\u2019s Order, three weeks ago, that you provide me\navailable dates for Jiaming\u2019s deposition and Haku DU\u2019s deposition, you have never provided me with any dates. | need\ntheir deposition testimony for BCB\u2019s dispositive motions.\n\nSimply stated, | again ask that you please consent to us filing \u2014 tomorrow morning \u2014 the Stipulated Motion [and\nproposed Order] | sent you earlier today to move those briefing deadlines back by three weeks.\n\nThank you, Paula.\n\nPat Murphy\n\nOn Oct 2, 2024, at 6:24 PM, Paula Colbath wrote:\n\nPat: | guess we both don\u2019t want to wait for things. | certainly don\u2019t want to be prejudiced and wait at\nthe train station until October 29th to receive your opposition to my Motion to Compel \u2014 which is due\non Friday, October 4th. Negotiations and good faith are 2 way streets. I\u2019d think long and hard before\nfiling your threatened motion for time to October 29th. | certainly don\u2019t want to see a train wreck\ncaused by your continued bad faith conduct, which has prejudiced your client from the beginning. Had\nyou acted in good faith at the mediation (or even earlier), this case would be have been settled months\nago. | can assure you that if I\u2019m buried in responding to yet another one of your frivolous motions, | will\nnot exert myself to find an available corporate partner -- we will wait until Stephen\u2019s holiday ends and\nhe is back online on Saturday night, or returns from Florida on Sunday.\n\nRegards,\nPaula Colbath\n\nFrom: Patrick Murphy \n\nSent: Wednesday, October 2, 2024 7:16 PM\n\nTo: Paula Colbath \n\nCc: Marc Gottlieb ; murf@bcbv.net; Masterson ; MineOne-\nBCB ; Stephen Cohen \n\nSubject: RE: Form W9 and Form AO-213\n\nPaula:\n\nFrom what I\u2019ve seen of Michael\u2019s working draft, it is not technical. It is plain English, patterned,\nin great measure, on the language in the BCB/Bitmain Georgia Settlement Agreement.\n2\n\fCase 1:23-cv-00079-ABJ Document 380-2 Filed 10/03/24 Page 4of8\n\nWe don\u2019t want to wait until Saturday night \u2014 when Mr. Cohen comes back on line \u2014 to review\nand approve the draft Settlement Agreement. So, while I don\u2019t feel it is \u201ctechnical\u201d language, it\nwould be best if you could get one of your Loeb & Loeb transactional lawyers involved to\nreview what I am going to send you around 7:00 pm tonight. We want to keep the settlement\ntrain on the tracks tonight.\n\nPat\n\nPatrick J. Murphy\n\n Attorney at Law\n\nOffice: 307-265-0700\n\nWPDN.NET pmurphy@wpdn.net\n159 N. Wolcott St. Suite 400 (82601)\n P.O. Box 10700\n\nCasper, WY 82602\n\n\n\nPRIVILEGE NOTICE: This email message contains confidential, privileged information intended solely for the addressee. Please do not read, copy or\ndisseminate it unless you are the addressee. If you have received it in error, please call (collect) immediately at (307) 265-0700 and ask to speak with the\nsender. Also, | would appreciate your forwarding the message back to me and deleting it from your system. Thank you,\n\nFEDERAL TAX ADVICE DISCLAIMER: This email is not tax advice and is not intended for the purposes of avoiding federal tax penalties or promoting,\nmarketing, or recommending to another party any matters addressed herein, IRS Circular 230.\n\nFrom: Paula Colbath \n\nSent: Wednesday, October 2, 2024 4:55 PM\n\nTo: Patrick Murphy \n\nCc: Marc Gottlieb ; murf@bcbv.net; Masterson ; MineOne-\nBCB ; Stephen Cohen \n\nSubject: RE: Form W9 and Form AO-213\n\nThanks for the update. | will be monitoring my emails.\n\nJust as an FYI \u2014| may need input on the Settlement Agreement from one of my corporate partners (I\u2019m\nnot sure how technical Michael\u2019s draft will be). As you know, this is Stephen Cohen\u2019s client. Stephen is\nout of the office for the Jewish Holidays and will be offline until Saturday night. | can try to enlist another\npartner if necessary, depending on the complexity. | did want to give you a heads-up on that.\n\nFrom: Patrick Murphy \n\nSent: Wednesday, October 2, 2024 6:49 PM\n\nTo: Paula Colbath \n\nCc: Marc Gottlieb ; murf@bcbv.net; Masterson ; MineOne-\nBCB ; Stephen Cohen \n\nSubject: RE: Form W9 and Form AO-213\n\nPaula:\n\fCase 1:23-cv-00079-ABJ Document 380-2 Filed 10/03/24 Page 5of8\n\nI haven\u2019t yet sent you Michael Murphy\u2019s draft Settlement Agreement. I just emailed you saying\nthat Michael just boarded a plane and is flying to Denver. He lands at/near 6:00 pm\n\nMountain. And he needs another hour, once he is on the ground, to finish up his work on\n\nit. And I think Michael would like to visit with Erick/Jiaming maybe one more time on some\ndetails. Anyway, I hope to email it to you at 7:00 pm Mountain this evening. That\u2019s the plan.\n\nLater tonight, at home, I will start writing a proposed Stipulated Motion \u2014 and corresponding\nOrder \u2014 to Distribute the Attached Funds.\n\nThank you.\n\nPat\n\nPatrick J. Murphy\n\n Attorney at Law\n\nOffice: 307-265-0700\n\nWPDN.NET pmurphy@wpdn.net\n159 N. Wolcott St. Suite 400 (82601)\n P.O. Box 10700\n\nCasper, WY 82602\n\n\n\nPRIVILEGE NOTICE: This email message contains confidential, privileged information intended solely for the addressee. Please do not read, copy or\ndisseminate it unless you are the addressee. If you have received it in error, please call (collect) immediately at (307) 265-0700 and ask to speak with the\nsender. Also, | would appreciate your forwarding the message back to me and deleting it from your system. Thank you.\n\nFEDERAL TAX ADVICE DISCLAIMER: This email is not tax advice and is not intended for the purposes of avoiding federal tax penalties or promoting,\nmarketing, or recommending to another party any matters addressed herein. IRS Circular 230.\n\nFrom: Paula Colbath \n\nSent: Wednesday, October 2, 2024 4:32 PM\n\nTo: Patrick Murphy \n\nCc: Marc Gottlieb ; murf@bcbv.net; Masterson ; MineOne-\nBCB ; Stephen Cohen \n\nSubject: RE: Form W9 and Form AO-213\n\n| will review them with the client and we will have them ready to go. Please send me your proposed\nStipulated Motion. I\u2019m currently working through an email backlog. Did you forward a draft settlement\nagreement?\n\nPaula\n\nPaula Colbath\nPartner\n\n\n\fCase 1:23-cv-00079-ABJ Document 380-2 Filed 10/03/24 Page 6\u00e9of8\n\n345 Park Avenue | New York, NY 10154\nDirect Dial: 212.407.4905 | Fax: 212.407.4990 | E-mail: pcolbath@loeb.com\nLos Angeles | New York | Chicago | Nashville | Washington, DC | San Francisco | Beijing | Hong Kong | www.loeb.com\n\n\n\nFrom: Patrick Murphy \n\nSent: Wednesday, October 2, 2024 5:35 PM\n\nTo: Paula Colbath \n\nCc: Marc Gottlieb ; murf@bcbv.net, Masterson ; MineOne-\nBCB ; Stephen Cohen \n\nSubject: FW: Form W9 and Form AO-213\n\nPaula:\n\nTo help facilitate our clients\u2019 proposed settlement, the Clerk of the District Court sent me these\ntwo forms today.\n\nThese two forms need to be completed by our clients \u2014 and returned to the Clerk \u2014 before the\nClerk can electronically transfer the attached funds to our clients.\n\nThe Clerk told me she thought it would take anywhere from 3-7 days, following Judge Johnson\u2019s\nfiling of His Honor\u2019s Order Distributing Attached Funds, for the Clerk to then wire the monies to\nMineOne\u2019s account and BCB\u2019s account.\n\nMy hope is that you and I can file a Stipulated Motion to Distribute the Attached Funds by this\nFriday, October 4, and that Judge Johnson could receive, review, sign and file the Order\nDistributing Attached Funds sometime Friday afternoon, October 4.\n\nIf we can do that, it will give us a good chance to have the Clerk wire the monies to our clients\u2019\naccounts by the following Friday, October 11, and maybe before that.\n\nMichael Murphy is on an airplane now but landing soon. It is still Michael and my intent and\nplan to provide you with a good (but not perfect) working draft of the Settlement Agreement by\n5:00 pm Mountain today.\n\nPlease call me when you have a moment, Paula.\n\nPat Murphy\n(307) 262-2872 (cell)\n\fCase 1:23-cv-00079-ABJ Document 380-2 Filed 10/03/24 Page 7 of 8\n\nPatrick J. Murphy\n\n Attorney at Law\n\nOffice: 307-265-0700\n\nWPDN.NET pmurphy@wpdn.net\n159 N. Wolcott St. Suite 400 (82601)\n P.O. Box 10700\n\nCasper, WY 82602\n\n\n\nPRIVILEGE NOTICE: This email message contains confidential, privileged information intended solely for the addressee. Please do not read, copy or\ndisseminate it unless you are the addressee. If you have received it in error, please call (collect) immediately at (307) 265-0700 and ask to speak with the\nsender. Also, | would appreciate your forwarding the message back to me and deleting it from your system. Thank you.\n\nFEDERAL TAX ADVICE DISCLAIMER: This email is not tax advice and is not intended for the purposes of avoiding federal tax penalties or promoting,\nmarketing, or recommending to another party any matters addressed herein. IRS Circular 230. ,\n\nFrom: Katie Grant \nSent: Wednesday, October 2, 2024 10:26 AM\n\nTo: Patrick Murphy \n\nSubject: Form W9 and Form AO-213\n\nGood morning, Mr. Murphy,\n\nAttached please find a W9 form in order to disburse funds (with an order of the court). Also attached is\nan AO-213 form in order to disburse payment via EFT (electronic funds transfer).\n\nAgain, once we have a signed order, we will first initiate a $5 test payment to ensure no issues with the\nbanking information, etc., and then will disburse the remaining funds upon confirmation of receipt of\nthe test payment.\n\nPlease have any completed forms returned to me. Let me know if you have any questions.\nThank you,\n\nKatie Grant\n\nFinancial Administrator\n\nU.S. District Court \u2014 District of Wyoming\n2120 Capitol Avenue, Rm 2131\nCheyenne, WY 82001\n\n(307)433-2133\n\nThis email has been scanned for spam and viruses. Click here to report this email as spam.\n\fCase 1:23-cv-00079-ABJ Document 380-2 Filed 10/03/24 Page 8of8\n\nThis email has been scanned for spam and viruses. Click here to report this email as spam.\n\nThis email has been scanned for spam and viruses. Click here to report this email as spam.\n","ocr_status":1,"date_upload":"2025-01-17T10:13:30.595351-08:00","document_number":"380","attachment_number":2,"pacer_doc_id":"20702487901","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit B","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414976162/","id":414976162,"tags":[],"absolute_url":"/docket/67320886/380/3/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-07T08:58:44.538217-07:00","date_modified":"2025-01-19T02:35:56.074995-08:00","sha1":"1d2f568459f34ff988c0c21505b4283f43607505","page_count":3,"file_size":627967,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.380.3.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.380.3.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:23-cv-00079-ABJ Document 380-3 Filed 10/03/24 Page 1of3\n\nEXHIBIT C\n\fCase 1:23-cv-00079-ABJ Document 380-3 Filed 10/03/24 Page 2 of 3\n\nPatrick Murphy\n\nFrom: Paula Colbath \nSent: Thursday, October 3, 2024 5:22 AM\n\nTo: Patrick Murphy; Scott Ortiz; Scott C. Murray\nCe: MineOne-BCB\n\nSubject: Fw: working Draft Settlement Agreement\n\nPat: Here's the email Dr. Rengifo sent to your son Michael Murohy this morning. As you can see, the draft\nsettlement agreement and its terms are so preliminary that my clients don't want me to review or spend any time on it.\n\nWe must continue the litigation and meet our current deadlines. Trial preparation must continue, as the clock is ticking\nand there's no assurance of a settlement. There's simply no reason that the lawyers cannot file the required papers,\nwhile the clients explore settlement options. Given the decisions the Court needs to make and our fast approaching trial\ndate and required pretrial filings,, we must continue on two tracks (and | know you understand that). Let's get Mr.\nPatterson's deposition rescheduled. Let's file our motion papers so Judge Johnson can begin to make the necessary pre-\ntrial decisions. The motion to compel is a motion the MineOne Defendants will ask Judge Johnson to expedite decision\non since we need the withheld documents for our trial preparation. Please do not continue to stall your opposition\npapers on this motion.\n\nRegards,\nPaula Colbath\n\nPaula Colbath\nPartner\n\nM@LOEBS\n345 Park Avenue | New York, NY 10154\n\nDirect Dial: 212.407.4905 | Fax: 212.407.4990 | E-mail: pcolbath@loeb.com\nLos Angeles | New York | Chicago | Nashville | Washington, DC | San Francisco | Beijing | Hong Kong | www.loeb.com\n\nMansfield Rule\n\nONFIDENTIA NG This & a on, anda e or pres \u20ac NessaPes a . Z nfidential informatioi i\ngall) privileged. Hf you are not the de plent, cra pers esr ible delivering it he Ged recipi are hereby ' led tha 1S\nopying ibutior 2\u20ac Ole mati ot attached ) ROHIB 9 re ' at\n\nOeo\n\nFrom: Erick Rengifo \n\nSent: Thursday, October 3, 2024 5:59:37 AM\n\nTo: Michael Murphy \n\nCe: Jiaming Li ; Paula Colbath ; Patrick Murphy ;\nEmory Patterson \n\nSubject: Re: working Draft Settlement Agreement\n\fCase 1:23-cv-00079-ABJ Document 380-3 Filed 10/03/24 Page 3 of3\n\nGood morning Michael\nThank you for sending the document. Jiaming and | will work on this right away.\n\nPlease do not include Paula at this stage of the negotiations. We will include her once the commercial terms are finalized\nand agreed.\n\nErick\n\nOn Wed, Oct 2, 2024 at 11:50 PM Michael Murphy wrote:\nHello Erick, Jiaming, and Paula,\n\nPlease see the attached \"working\" DRAFT Settlement Agreement. This is not complete, but it does contain (1) most of\nwhat Erick, Jiaming, Emory and | spoke about earlier today (in Section 2) and (2) the language from the BCB-Bitmain\nSettlement Agreement updated to account for the relevant parties now working towards settlement. Rather than take\nadditional time to provide a completed draft, we wanted to get this to you now (albeit incomplete) so you could start\nreviewing it (and so you can see the good faith effort we are making to move quickly on this).\n\nErick/Jiaming - let's meet at your earliest convenience on Thursday to continue working through the details in Section 2\non the commercial terms. Emory and | have some questions for you. There are also some highlighted parts we still\nneed to fill in. And we also want to discuss a few ideas Emory and | have regarding the calculation of the Target Return\n(which should help address some of our risk concerns in return for providing a guarantee of the $1,160,976 to you).\n\nregards,\nMichael\n\nErick W. Rengifo, Ph.D.\n\nCONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it\nmay contain confidential information that is legally privileged. If you are not the intended recipient, or a person\nresponsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution\nor use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have\nreceived this transmission in error, please immediately notify the sender. Please destroy the original transmission and its\nattachments without reading or saving in any manner. Thank you,\n\nThis email has been scanned for spam and viruses. Click here to report this email as spam.\n","ocr_status":1,"date_upload":"2025-01-17T10:13:31.035574-08:00","document_number":"380","attachment_number":3,"pacer_doc_id":"20702487902","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit C","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414976163/","id":414976163,"tags":[],"absolute_url":"/docket/67320886/380/4/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-07T08:58:44.647153-07:00","date_modified":"2025-01-18T02:10:06.878713-08:00","sha1":"84a094c4672422bf4dc0e1ff7bd4f2af8196208f","page_count":2,"file_size":136648,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.380.4.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.380.4.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 1:23-cv-00079-ABJ Document 380-4 Filed 10/03/24 Page 1 of 2\n\n\n\n\n IN THE UNITED STATES DISTRICT COURT\n FOR THE DISTRICT OF WYOMING\n\n\nBCB CHEYENNE LLC d/b/a BISON )\nBLOCKCHAIN, a Wyoming limited liability )\nCompany . )\n )\n Plaintiffs )\n )\nv. ) Civil No. 23-CV-79\n )\nMINEONE WYOMING DATA CENTER, )\nLLC, a Delaware limited liability company; )\nMINEONE PARTNERS LLC, a Delaware )\nlimited liability company; TERRA CRYPTO )\nINC., a Delaware corporation; BIT ORIGIN, )\nLTD, a Cayman Island Company; )\nSONICHASH LLC, a Delaware limited )\nliability company; and JOHN DOES 1-20, )\nrelated persons and companies who control )\nor direct some or all of the named Defendants, )\n )\n Defendants. )\n\n\n [PROPOSED] ORDER EXTENDING THE BRIEFING AND FILING DEADLINES\n\n\n THIS MATTER comes before the Court on BCB Cheyenne LLC\u2019s Expedited Motion to\n\nExtend Certain Briefing Deadlines by Three Weeks, as Earlier Agreed.\n\n The Parties agreed that the interests of justice are best served by the Court further\n\nmodifying its April 25, 2024 Revised Scheduling Order to extend the following case deadlines\n\nby three weeks, specifically:\n\n A. The October 4, 2024 deadline to file dispositive motions to October 25, 2024;\n B. The October 18, 2024 deadline to file Responses to all dispositive motions to\n November 8, 2024;\n C. The October 25, 2024 deadline to file any Reply to any dispositive motions to\n November 15, 2025;\n\n\n 1\n\f Case 1:23-cv-00079-ABJ Document 380-4 Filed 10/03/24 Page 2 of 2\n\n\n\n\n D. The October 18, 2024 deadline to file other (nondispositive) motions to November\n 9, 2024;\n E. The November 15, 2024 deadline to file the Parties\u2019 Joint Pretrial Memorandum to\n December 6, 2024;\n F. The November 8, 2024 deadline to file any motions in limine to November 29,\n 2024;\n G. The November 22, 2024 deadline to file any Responses to any motions in limine to\n December 13, 2024; and\n H. The December 2, 2024 deadline to file any Replies to any motions in limine to\n December 22, 2024.\n\n The Court FINDS that the interests of justice are best served by granting these aforesaid\n\nmodifications to the Court\u2019s April 25, 2024 Revised Scheduling Order, and\n\n IT IS THEREFORE ORDERED that the dates and deadlines in the Court\u2019s April 25,\n\n2024 Revised Scheduling Order are further amended to reflect the three-week extensions\n\nidentified above.\n\n DATED this ____ day of October 2024.\n\n BY THE COURT:\n Alan B. Johnson\n United States District Judge\n\n\n\n\n 2\n\f","ocr_status":2,"date_upload":"2025-01-17T10:13:31.480900-08:00","document_number":"380","attachment_number":4,"pacer_doc_id":"20702487903","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Proposed Order","acms_document_guid":""}],"date_created":"2024-10-03T14:19:00.233270-07:00","date_modified":"2025-09-23T09:32:31.403695-07:00","date_filed":"2024-10-03","time_filed":"15:14:31","entry_number":380,"recap_sequence_number":"2024-10-03.002","pacer_sequence_number":1252,"description":"MOTION REFERRED TO Judge Stephanie A Hambrick MOTION for Extension of Time (Non-Dispositive) requesting extension of the Earlier Stipulated Briefing and Filing Deadlines filed by Plaintiff BCB Cheyenne LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order) (Murphy, Patrick) Modified on 10/4/2024 (Court Staff, ssw). (Entered: 10/03/2024)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/404066870/","id":404066870,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67320886/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414486349/","id":414486349,"tags":[],"absolute_url":"/docket/67320886/378/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-02T14:22:12.710971-07:00","date_modified":"2025-09-23T09:32:31.299094-07:00","sha1":"952b17e2e78c159fb79a1d1cb8375f75a590d10d","page_count":9,"file_size":276494,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.378.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.378.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 1:23-cv-00079-ABJ Document 378 Filed 10/02/24 Page 1 of 9\n\n\n\n\nKHALE J. LENHART, #7-4693\nTYSON R. WOODFORD, #8-6650\nHirst Applegate, LLP\nP. O. Box 1083\nCheyenne, WY 82003-1083\nPhone: (307) 632-0541\nFax: (307) 632-4999\nklenhart@hirstapplegate.com\ntwoodford@hirstapplegate.com\n\n UNITED STATES DISTRICT COURT\n\n FOR THE DISTRICT OF WYOMING\n\nBCB CHEYENNE LLC d/b/a BISON }\nBLOCKCHAIN, a Wyoming limited }\nliability company, }\n }\n Plaintiff, }\n }\n vs. } Civil No. 23-CV-79J\n }\nMINEONE WYOMING DATA CENTER }\nLLC, a Delaware limited liability company; }\nMINEONE PARTNERS LLC, a Delaware }\nlimited liability company; TERRA }\nCRYPTO INC., a Delaware corporation; }\nBIT ORIGIN, LTD., a Cayman Island }\nCompany; SONICHASH LLC, a Delaware }\nlimited liability company; BITMAIN }\nTECHNOLOGIES HOLDING COMPANY, }\na Cayman Island Company; BITMAIN }\nTECHNOLOGIES GEORGIA LIMITED, a }\nGeorgia corporation; and JOHN DOES }\n1-18, related persons and companies who }\ncontrol or direct some or all of the named }\nDefendants, }\n }\n Defendants. }\n\n REPLY IN SUPPORT OF BITMAIN TECHNOLOGIES GEORGIA\n LIMITED\u2019S MOTION TO QUASH RULE 45 SUBPOENA AND\n FOR SANCTIONS AGAINST THE MINEONE DEFENDANTS\n\n\n\n\nHIRST APPLEGATE, LLP\n LAW OFFICES\n P.O. BOX 1083\nCHEYENNE, WYOMING 82003-1083\n\f Case 1:23-cv-00079-ABJ Document 378 Filed 10/02/24 Page 2 of 9\n\n\n\n\n The MineOne Defendants\u20191 Opposition confirms that the Subpoena must be quashed.\n\nWhile the MineOne Defendants concede that the Subpoena did not provide Bitmain Georgia a\n\nreasonable time to respond, the thrust of the Opposition is that because the MineOne Defendants\n\nserved the Subpoena two days after Bitmain Georgia\u2019s dismissal, the Court should overlook their\n\nviolations of the Federal Rules of Civil Procedure, Wyoming Local Rules, and this Court\u2019s orders.\n\nTheir argument is untenable. The Court should quash the Subpoena because, in addition to\n\nviolating federal and local rules and demanding compliance in a patently insufficient time, it\n\ncontains overbroad, irrelevant, and inflammatory document requests and deposition topics with\n\nthe apparent aim of harassing Bitmain Georgia as a result of its settlement with BCB. The\n\nOpposition fails to refute these points in any meaningful way.\n\n I. ARGUMENT\n\n A. It Is Undisputed that the Subpoena Fails to Allow Reasonable Time to Comply.\n\n The MineOne Defendants gave Bitmain Georgia only four days to produce (1) a 30(b)(6)\n\nwitness on fifteen topics and (2) documents responsive to seventeen requests. Mot. at 4-6. The\n\nMineOne Defendants themselves admit that \u201ca subpoena for documents and deposition should\n\nprovide more time than four days for a return date.\u201d Opp. at 5. This concession alone authorizes\n\nthe Court to quash the subpoena. Mot. at 4-6.\n\n To justify their actions, the MineOne Defendants throw up their hands and ask: \u201cWhat\n\nshould MineOne have done in this situation?\u201d Opp. at 4. Their answer apparently was to serve a\n\nsweeping subpoena seeking information either already in their possession or that has no bearing\n\n\n\n\n1\n Unless otherwise noted, defined terms have the meanings identified in Bitmain Georgia\u2019s Motion,\ninternal citations and quotations are omitted, and emphases are added.\n\n\n\nHIRST APPLEGATE, LLP \u20131\u2013\n LAW OFFICES\n P.O. BOX 1083\nCHEYENNE, WYOMING 82003-1083\n\f Case 1:23-cv-00079-ABJ Document 378 Filed 10/02/24 Page 3 of 9\n\n\n\n\non the claims in this case, with a return date they knew2 was unreasonable. Mot. at 3-9. The\n\nSubpoena not only warrants quashing, but the MineOne Defendants\u2019 conduct is also sanctionable\n\nunder Rule 45.3 Id. at 10.\n\n The MineOne Defendants repeatedly argue that Bitmain Georgia should \u201cvoice no\n\nobjection\u201d to the Subpoena\u2019s unlawfully short four-day deposition notice because BCB issued a\n\ndeposition notice three days before the deposition of Yiliang Guo\u2014an employee of a Bitmain\n\nGeorgia affiliate. Opp. at 2-3, 5-6, 10. This argument is demonstrably disingenuous. The\n\nOpposition makes clear that the MineOne Defendants knew that BCB had filed its settlement\n\nagreement with Bitmain Georgia and that the MineOne Defendants reviewed it. See id. at 1, 6.\n\nOne of the settlement terms was that Bitmain Georgia would reasonably cooperate with BCB to\n\nmake Mr. Guo available for deposition. ECF No. 365-1 at 2-3. Given that the MineOne\n\nDefendants reviewed the settlement agreement, see Opp. at 1, 6, they were aware that Bitmain\n\nGeorgia had known since at least September 10, 2024\u2014the date the agreement was\n\ncountersigned\u2014that Mr. Guo would be deposed. Yet the MineOne Defendants wrongly imply\n\nthat Bitmain Georgia became aware of Mr. Guo\u2019s deposition only on September 20, 2024, and\n\nthus had only three days\u2019 advance notice. Id. at 2-3, 5-6, 10. Unlike the Subpoena\u2019s four-day\n\nnotice, Bitmain Georgia had reasonable time to prepare for Mr. Guo\u2019s deposition, and in fact was\n\naware even before September 10, 2024, that Mr. Guo would be deposed.\n\n\n\n2\n The MineOne Defendants considered the ramifications of issuing the Subpoena, including the violations\nof Rule 45 and the Court\u2019s orders. See Opp. at 1-2, 4-5.\n3\n The MineOne Defendants fail to distinguish BNSF Ry. Co. v. Ctr. for Asbestos Related Disease, Inc.,\n2022 WL 1442854 (D. Mont. May 6, 2022), which applies here. As in BNSF, the \u201cthe need for\nsanctions\u201d is \u201cclear\u201d because the overbroad Subpoena would require \u201csignificant effort\u201d to comply and\nprovided just four days to comply, less even than the \u201castoundingly short response deadline of just 10\ndays\u201d in BNSF. Id. at *5.\n\n\n\nHIRST APPLEGATE, LLP \u20132\u2013\n LAW OFFICES\n P.O. BOX 1083\nCHEYENNE, WYOMING 82003-1083\n\f Case 1:23-cv-00079-ABJ Document 378 Filed 10/02/24 Page 4 of 9\n\n\n\n\n B. The Subpoena Violates Rule 45\u2019s Geographical Limitations.\n\n As Bitmain Georgia explained in its Motion, the Court should also quash the Subpoena\n\nbecause it violates Rule 45\u2019s geographical limitations. Mot. at 6-7. Rather than concede this point,\n\nthe MineOne Defendants employ a sleight of hand to manufacture an argument. Opp. at 5. They\n\nargue that Bitmain Georgia is not entitled to Rule 45(c)\u2019s geographical protections because it\n\nproduced Mr. Guo for a Zoom deposition, and the Subpoena also seeks a Zoom deposition of\n\nBitmain Georgia. Id. But it was only in the Notice of Intent to Serve Subpoena\u2014which was not\n\nserved on Bitmain Georgia, see ECF No. 373-1 at 4\u2014that the MineOne Defendants signaled a\n\nwillingness to conduct the deposition via Zoom. The Subpoena served on Bitmain Georgia makes\n\nno mention of a Zoom alternative and instead demands an in-person deposition in Atlanta, Georgia.\n\nSee ECF No. 356-1 at Ex. 1. Because the Subpoena violates Rule 45(c), it must be quashed under\n\nRule 45(d)(3)(A)(ii). Mot. at 6-7.\n\n C. The Subpoena Improperly Seeks Privileged and Other Protected Material.\n\n The MineOne Defendants\u2019 attempts to obtain (1) privileged attorney communications\n\nbetween Bitmain Georgia and its expert and (2) confidential settlement communications with BCB\n\nare improper and are grounds to quash the Subpoena under Rule 45(d)(3)(A)(iii). Mot. at 7-8.\n\n The MineOne Defendants incorrectly claim that Bitmain Georgia\u2019s chief argument \u201cis that\n\nsettlement agreements are non-discoverable.\u201d Opp. at 6. The Motion, however, argues that\n\n\u201csettlement communications,\u201d not agreements, are non-discoverable. Mot. at 8. The MineOne\n\nDefendants cite no authorities to the contrary and thus concede this point.4 The MineOne\n\n\n\n4\n Cf. Day v. D.C. Dep\u2019t of Consumer Regul. Affs., 191 F. Supp. 2d 154, 159 (D.D.C. 2002) (\u201cIf a party\nfails to counter an argument that the opposing party makes in a motion, the court may treated that\nargument as conceded.\u201d).\n\n\n\nHIRST APPLEGATE, LLP \u20133\u2013\n LAW OFFICES\n P.O. BOX 1083\nCHEYENNE, WYOMING 82003-1083\n\f Case 1:23-cv-00079-ABJ Document 378 Filed 10/02/24 Page 5 of 9\n\n\n\n\nDefendants\u2019 hollow claim, unsupported by authorities, that they are \u201centitled\u201d to settlement\n\ncommunications, Opp. at 6, is misguided for the reasons explained in the Motion. Mot. at 7-8.\n\n The MineOne Defendants also argue that they are entitled to Bitmain Georgia\u2019s privileged\n\ncommunications with Mr. Hayward because they communicated with him. Opp. at 6-7. Again,\n\nthe MineOne Defendants cite no authorities to support this illogical theory. Nor do they respond\n\nto any of Bitmain Georgia\u2019s authorities on this point, or explain why they would need Bitmain\n\nGeorgia\u2019s separate, privileged expert communications when, as the MineOne Defendants concede,\n\nsee id. at 6, they already have records of communications with Mr. Hayward. The Court should\n\nquash the Subpoena to the extent it seeks privileged expert communications. Mot. at 7-8.\n\n D. The Subpoena Places an Undue Burden on Bitmain Georgia.\n\n The Court should also quash the Subpoena because it imposes an undue burden on Bitmain\n\nGeorgia. Mot. at 8-9. While the MineOne Defendants contend the Subpoena does not unduly\n\nburden Bitmain Georgia because the information sought is \u201cgermane\u201d and \u201chighly relevant,\u201d Opp.\n\nat 8-10, they fail to adequately explain why, or to tether the information sought to claims in the\n\ncase. Nor do they address the deposition topics\u2019 and document requests\u2019 extensive overbreadth.\n\n Instead, the MineOne Defendants conclusorily argue that \u201cBitmain\u2019s relationship with\n\nMineOne is central to BCB\u2019s claims against MineOne.\u201d Id. at 8. They do not explain why. They\n\nalso contend, without citation, that \u201cMineOne alleges that Bitmain put pressure on MineOne which\n\nled to BCB walking off the job.\u201d Id. But any so-called \u201cpressure\u201d would have no bearing on\n\nwhether there was breach of contract, the elements for which contain no intent or causation\n\ncomponent,5 so \u201cpressure\u201d-related discovery is irrelevant. The Opposition is silent on this issue.\n\n\n5\n See Spearman v. Wyndham Vacation Resorts, Inc., 2014 WL 12767303, at *1 (N.D. Ala. Aug. 6, 2014)\n(breach-of-contract \u201cclaim carries no intent element, so the reason for making the changes is irrelevant\u201d).\n\n\n\nHIRST APPLEGATE, LLP \u20134\u2013\n LAW OFFICES\n P.O. BOX 1083\nCHEYENNE, WYOMING 82003-1083\n\f Case 1:23-cv-00079-ABJ Document 378 Filed 10/02/24 Page 6 of 9\n\n\n\n\n The MineOne Defendants\u2019 additional arguments are meritless. They claim that the requests\n\nand topics related to Bitmain Georgia\u2019s shipment and delivery of its machines are relevant. Id. at\n\n8-9. But the detail with which they describe the facts betrays that they already have these\n\ndocuments.6 Thus, additional discovery from a nonparty is wholly unnecessary.7 They also argue\n\nthey are entitled to information about any Bitmain Georgia insurance policy, id. at 9, but the\n\nrequirement to provide insurance information is inapplicable to nonparties, nor is insurance\n\nrelevant.8 Also irrelevant is the request seeking documents showing whether any Bitmain Georgia\n\nemployee is a member of the Chinese Communist Party. Id. at 9. The MineOne Defendants make\n\nthe nonsensical argument they are entitled to this discovery because BCB accused them of having\n\nties to the Chinese Communist Party. Id. The argument is not even colorable.\n\n II. CONCLUSION\n\n For the all of the reasons set forth above and in the Motion, Bitmain Georgia respectfully\n\nrequests that the Court grant its Motion and impose an appropriate sanction on the MineOne\n\nDefendants. The Court should also decline the MineOne Defendants\u2019 invitation to \u201cmodify\u201d the\n\nSubpoena, id. at 5, because they fail to specify how the Subpoena\u2019s overbroad, inflammatory\n\ndocument requests and deposition topics seek relevant information that cannot be obtained from a\n\nparty, and the MineOne Defendants are already in possession of months\u2019 worth of discovery,\n\nincluding the deposition of Mr. Guo. The Court should, instead, quash the Subpoena in full.9\n\n\n6\n The MineOne Defendants have produced numerous communications with Bitmain Georgia regarding\nthe delivery of mining machines, which Bitmain Georgia can produce at the Court\u2019s request.\n7\n McKinney v. Granite Peak Fabrication, LLC, 2021 WL 7252981, at *5 (D. Wyo. Aug. 24, 2021).\n8\n Thompson v. Gonzales, 2016 WL 5404436, at *4, 8 (E.D. Cal. Sept. 27, 2016) (Rule 26, which requires\ndisclosure of insurance information, \u201conly applies to parties,\u201d and finding that the court lacks \u201cinherent\nauthority to order Rule 26 initial disclosures from . . . any non-party\u201d).\n9\n McKinney, 2021 WL 7252981, at *6 (no modification of \u201csweeping\u201d subpoenas with requests \u201cnot\nproportional to the needs of the case and would impose an undue burden and undue expense\u201d).\n\n\n\nHIRST APPLEGATE, LLP \u20135\u2013\n LAW OFFICES\n P.O. BOX 1083\nCHEYENNE, WYOMING 82003-1083\n\f Case 1:23-cv-00079-ABJ Document 378 Filed 10/02/24 Page 7 of 9\n\n\n\n\nDated: 2 October 2024.\n\n BITMAIN TECHNOLOGIES GEORGIA\n LIMITED\n\n\n s/Khale J. Lenhart\n BY:_________________________________\n KHALE J. LENHART, #7-4693\n TYSON R. WOODFORD, #8-6650\n OF HIRST APPLEGATE, LLP\n Attorneys for Bitmain Technologies Georgia\n Limited\n P.O. Box 1083\n Cheyenne, WY 82003-1083\n Phone: (307) 632-0541\n Fax: (307) 632-4999\n klenhart@hirstapplegate.com\n twoodford@hirstapplegate.com\n\n\n\n\nHIRST APPLEGATE, LLP \u20136\u2013\n LAW OFFICES\n P.O. BOX 1083\nCHEYENNE, WYOMING 82003-1083\n\f Case 1:23-cv-00079-ABJ Document 378 Filed 10/02/24 Page 8 of 9\n\n\n\n\n CERTIFICATE OF SERVICE\n\n I certify the foregoing Reply in Support of Bitmain Technologies Georgia Limited\u2019s\nMotion to Quash Rule 45 Subpoena and For Sanctions Against the MineOne Defendants was served\nupon all parties to this action pursuant to the Federal Rules of Civil Procedure on 2 October 2024, and that\ncopies were served as follows:\n\n Patrick J. Murphy, #5-1779\n Scott C. Murray, #7-4896\n U.S. MAIL\n Williams, Porter, Day & Neville, P.C. FED EX\n 159 North Wolcott, Suite 400 FAX\n P. O. Box 10700 HAND DELIVERED\n Casper, WY 82602-3902\n pmurphy@wpdn.net EMAIL\n smurray@wpdn.net E-FILE\n Attorneys for Plaintiff\n\n Sean M. Larson, #7-5112\n U.S. MAIL\n Kari Ann Hartman, #8-6507\n Hathaway & Kunz, LLP FED EX\n P. O. Box 1208 FAX\n Cheyenne, WY 82003-1208 HAND DELIVERED\n slarson@hkwyolaw.com EMAIL\n khartman@hkwyolaw.com E-FILE\n Attorneys for Defendants MineOne Wyoming Data\n Center LLC, MineOne Partners LLC, Terra Crypto\n Inc.\n\n Paula Colbath, Pro Hac Vice\n U.S. MAIL\n Sarah Levitan Perry, Pro Hac Vice\n Loeb & Loeb, LLP FED EX\n 345 Park Avenue FAX\n New York, NY 10154 HAND DELIVERED\n pcolbath@loeb.com EMAIL\n sperry@loeb.com E-FILE\n Attorneys for Defendants MineOne Wyoming Data\n Center LLC, MineOne Partners LLC, Terra Crypto\n Inc.\n\n Marc Gottlieb, Pro Hac Vice\n U.S. MAIL\n Ortoli Rosenstadt, LLP\n 366 Madison Avenue, 3rd Fl. FED EX\n New York, NY 10022-5616 FAX\n msg@orllp.legal HAND DELIVERED\n Attorneys for Defendants Bit Origin Ltd and EMAIL\n SonicHash LLC E-FILE\n\n\n\n\nHIRST APPLEGATE, LLP \u20137\u2013\n LAW OFFICES\n P.O. BOX 1083\nCHEYENNE, WYOMING 82003-1083\n\f Case 1:23-cv-00079-ABJ Document 378 Filed 10/02/24 Page 9 of 9\n\n\n\n\n s/Norma J. Hubka\n ________________________________________\n OF HIRST APPLEGATE, LLP\n Attorneys for Bitmain Technologies Georgia Limited\n\n\n\n\nHIRST APPLEGATE, LLP \u20138\u2013\n LAW OFFICES\n P.O. BOX 1083\nCHEYENNE, WYOMING 82003-1083\n\f","ocr_status":2,"date_upload":"2024-12-12T16:48:14.793821-08:00","document_number":"378","attachment_number":null,"pacer_doc_id":"20702486553","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Reply","acms_document_guid":""}],"date_created":"2024-10-02T14:22:12.693587-07:00","date_modified":"2025-09-23T09:32:31.264534-07:00","date_filed":"2024-10-02","time_filed":"14:40:36","entry_number":378,"recap_sequence_number":"2024-10-02.001","pacer_sequence_number":1246,"description":"REPLY to 373 Opposition to Motion to Quash Rule 45 Subpoena and for Sanctions Against MineOne Defendants filed by Defendant Bitmain Technologies Georgia Limited. (Lenhart, Khale) Modified link and text on 10/4/2024 (Court Staff, stmo). (Entered: 10/02/2024)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/403868117/","id":403868117,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67320886/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414184666/","id":414184666,"tags":[],"absolute_url":"/docket/67320886/377/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-10-01T09:17:47.953417-07:00","date_modified":"2025-09-23T09:32:31.239119-07:00","sha1":"c8e68ddf9ec3ff2105d9cf2cef6917efae586746","page_count":8,"file_size":494881,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.377.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.377.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 1:23-cv-00079-ABJ Document 377 Filed 10/01/24 Page 1 of 8\n\n\n\n\nSean Larson, Wyo. Bar #7-5112\nKari Hartman, Wyo. Bar # 8-6507\nHATHAWAY & KUNZ, LLP\nP. O. Box 1208\nCheyenne, WY 82003-1208\n307-634-7723\n307-634-0985 (Fax)\n\nPaula K. Colbath, Esq. (Admitted Pro Hac Vice)\nDavid Forrest, Esq. (Admitted Pro Hac Vice)\nAlex Inman, Esq. (Admitted Pro Hac Vice)\nLOEB & LOEB, LLP\n345 Park Avenue\nNew York, NY 10154\n212-407-4905\n212-407-4990 (Fax)\n\nATTORNEYS FOR DEFENDANTS MINEONE WYOMING DATA CENTER, LLC,\nMINEONE PARTNERS LLC, AND TERRA CRYPTO INC.\n\n IN THE UNITED STATES DISTRICT COURT\n FOR THE DISTRICT OF WYOMING\n )\nBCB CHEYENNE LLC d/b/a BISON BLOCKCHAIN, a )\nWyoming limited liability company, )\n )\n Plaintiff, )\nv. ) Civil Action No. 23CV-79-ABJ\n )\nMINEONE WYOMING DATA CENTER LLC, a Delaware )\nlimited liability company; MINEONE PARTNERS LLC, a )\nDelaware limited liability company; TERRA CRYPTO )\nINC., a Delaware corporation; BIT ORIGIN, LTD, a )\nCayman Island Company; SONICHASH LLC, a Delaware )\nlimited liability company; BITMAIN TECHNOLOGIES )\nHOLDING COMPANY, a Cayman Island Company; )\nBITMAIN TECHNOLOGIES GEORGIA LIMITED, a )\nGeorgia corporation; and JOHN DOES 1-20, related persons )\nand companies who control or direct some or all of the )\nnamed Defendants. )\n )\n Defendants. )\n )\n )\n\n\n DEFENDANTS MINEONE WYOMING DATA CENTER LLC, MINEONE PARTNERS\n LLC AND TERRA CRYPTO INC.\u2019S REPLY TO PLAINTIFF\u2019S OPPOSITION TO\n THIRD MOTION TO STRIKE BCB\u2019S REPLY AFFIDAVITS, AWARD ATTORNEYS\u2019\n FEES AND COSTS, AND SANCTION PLAINTIFF\u2019S COUNSEL PURSUANT TO\n LOCAL CIVIL RULE 84.1(b)\n\f Case 1:23-cv-00079-ABJ Document 377 Filed 10/01/24 Page 2 of 8\n\n\n\n\n COME NOW Defendants MineOne Wyoming Data Center LLC, MineOne Partners LLC,\n\nand Terra Crypto Inc. (collectively, \u201cMineOne\u201d), by their counsel, and hereby file this reply to\n\nPlaintiff\u2019s (\u201cBCB\u201d) opposition to their third motion to strike affidavits, for attorneys\u2019 fees, and\n\nsanctions against BCB\u2019s counsel (ECF No. 353).\n\n ARGUMENT\n\nA. While Evidentiary Affidavits Can Be Filed with Reply Briefs, the Affidavits of Patrick\n Murphy and Michael Murphy Should be Stricken\n\n BCB\u2019s argument that affidavits can be attached to reply briefs misses the mark entirely\n\n(Opp. at 1). To be clear, MineOne has never taken the blanket position that a party cannot attach\n\nan affidavit to its reply brief. Of course, a party can do so\u2014but within limits that are well settled\n\nin law. As articulated in its opening brief, MineOne\u2019s position is that a witness\u2019s affidavit can only\n\nbe based on personal knowledge and cannot be based on hearsay statements, conclusory statements\n\nand improper legal conclusions, which summarizes the crux of Michael Murphy\u2019s affidavit as\n\ndetailed in MineOne\u2019s opening brief and will not be repeated here. (Motion at 5-7).\n\n BCB has a long single-spaced block quote, spanning across two pages, seemingly from a\n\ncase, but does not cite to the case the block quote is cited from. (Opp. at 1-2).1 Even so, the cases\n\ncited in the lengthy block quote simply stand for the basic proposition that an affidavit which does\n\nnot raise new matters and is based on a witness\u2019s personal knowledge can be attached to a reply\n\nbrief. MineOne fully agrees. But as detailed in MineOne\u2019s opening brief, Michael Murphy\u2019s and\n\nPatrick Murphy\u2019s affidavits should be stricken. See, e.g., Bison Pipeline LLC v. 102.84 Acres of\n\nLand, No. 10-CV-89-F, 2011 U.S. Dist. LEXIS 160188, at *13 (D. Wyo. Jan. 3, 2011) (Freudenthal,\n\n\n\n\n1\n Or this is BCB\u2019s way to extend the 10-page requirement under the Local Rules by single spacing two\npages of text so that its brief can fit into 10-pages. It is respectfully requested that the Court not allow BCB\nto continuously violate the Local Rules.\n\n\n PAGE 1\n\f Case 1:23-cv-00079-ABJ Document 377 Filed 10/01/24 Page 3 of 8\n\n\n\n\nJ.) (striking three affidavits from the Court\u2019s consideration that did not \u201cexpress personal\n\nknowledge,\u201d but were the affiants\u2019 general opinions as to the project at issue); Versteeg v. Bennett,\n\nDeloney & Noyes, P.C., 271 F.R.D. 668, 671 (D. Wyo. Jan. 13, 2011) (Freudenthal, J.) (striking\n\nportions of the affidavit that contained \u201ca number of unsupported assertions,\u201d stating that the Court\n\nwill only consider those portions \u201cthat are based on personal knowledge\u201d).\n\nB. Contrary to BCB\u2019s Assertion, Michael Murphy\u2019s September 11 Affidavit Should Be\n Stricken\n\n First, BCB argues (Section B of Opp. at 2-3) that MineOne seeks to have the Court strike\n\nMichael Murphy\u2019s September 11 affidavit (ECF No. 351-1) because Michael Murphy has relied\n\non a June 24 affidavit which was stricken from the record. This is not true. MineOne simply stated\n\nthat BCB makes repeated references to Michael Murphy\u2019s June 24, 2024 affidavit, which was\n\nstricken from the record by Magistrate Judge Carman, which means that the affidavit is no longer\n\npart of the record. See, e.g., Exch. 12, LLC v. Palmer Twp., No. 23-3740, 2024 U.S. Dist. LEXIS\n\n149334, at *14 (E.D. Pa. Aug. 21, 2024) (affidavit was \u201cstricken from the record and barred from\n\nany further use in these proceedings.\u201d).\n\n Second, at least on three separate occasions, BCB relies on Michael Murphy\u2019s background\n\nas a CPA as the basis for allowing his general opinions in his affidavit. See, e.g., Opp. at 6-7\n\n(describing M. Murphy \u201cas a CPA who is so familiar with BCB\u2019s funding, capitalization, and\n\noperations;\u201d \u201c[a]s a CPA, member of BCB, and primary drafter of relevant language in BCB\u2019s\n\nOperating Agreement;\u201d and \u201ca CPA with audit experience.\u201d). The fact that Michael Murphy is a\n\nCPA cannot be the basis for BCB elevating him to a pseudo-expert in this case. Michael Murphy\n\nis not an expert and his testimony in his affidavit based on the fact that he is a CPA does not lay\n\nany foundation under Fed. R. Civ. P 702 for his general opinions in his affidavit, which are\n\ninadmissible and should be stricken. Sanderson v. Wyo. Highway Patrol, No. 18-CV-016-S, 2018\n\n\n\n PAGE 2\n\f Case 1:23-cv-00079-ABJ Document 377 Filed 10/01/24 Page 4 of 8\n\n\n\n\nU.S. Dist. LEXIS 225567, at *15 (D. Wyo. Nov. 27, 2018) (precluding expert testimony that was\n\nnot reliable), aff\u2019d, 2018 U.S. Dist. LEXIS 225565 (D. Wyo. Dec. 17, 2018).\n\n Third, Michael Murphy\u2019s affidavit is replete with improper legal conclusions. BCB\u2019s\n\nopposition only confirms this fact: BCB admits that M. Murphy reviewed and analyzed the\n\npleadings with an eye towards whether there were \u201cany claim or allegation relating to any of BCB\u2019s\n\nfunding or capitalization with its investor(s) or members\u201d (which is itself a legal conclusion) (Opp.\n\nat 8-9). Contrary to BCB\u2019s assertion, M. Murphy\u2019s statements about the Power Contract and what\n\nBCB told investors to induce them to invest are not limited to \u201creadable, observable fact[s], based\n\non his direct knowledge of those documents.\u201d (Opp. at 7). Instead, M. Murphy draws the legal\n\nconclusion that \u201cnone of this information is relevant to any of BCB\u2019s obligations under the DHS\n\nAgreement nor is it relevant to any of MineOne\u2019s obligations under the DHS Agreement\u201d and that\n\nthe requested discovery is \u201cirrelevant to the contractual obligations and claims in this case.\u201d ECF\n\n351-1 at \u00b6\u00b6 10-11. And, M. Murphy\u2019s statement that \u201cBCB\u2019s return of CMV Global\u2019s capital\n\ncontribution is not tantamount to fraudulent conveyance\u201d (ECF No. 351-1 at \u00b6 37) does not state\n\n\u201ca readable, observable fact, based on his direct knowledge of those documents\u201d (Opp. at 7) either.\n\nMichael Murphy\u2019s affidavit is replete with improper legal conclusions and should be stricken.\n\nC. The Court Should Strike Patrick Murphy\u2019s Affidavit and He Should Be Subject to\n Sanctions\n\n BCB\u2019s counsel concedes, albeit in a footnote, that the legal arguments in his affidavit are\n\nimproper and should not be considered by the Court. (Opp. at 8 n.4). But BCB\u2019s counsel\u2019s position\n\nis mistaken when he states that to the extent the balance of his affidavit consists of \u201cfactual\u201d\n\nassertions, the Court should consider them. Id. BCB\u2019s counsel takes the following tack: He defends\n\nhis position by simply adding the word \u201cfactually\u201d no less than 10 times in the span of two pages\n\n(Opp. at 8-9) to argue that he has \u201cfactually\u201d stated his positions in his 9-page affidavit. There is\n\n\n\n PAGE 3\n\f Case 1:23-cv-00079-ABJ Document 377 Filed 10/01/24 Page 5 of 8\n\n\n\n\nnothing \u201cfactual\u201d about BCB\u2019s counsel\u2019s general opinion as to whether BCB made itself judgment\n\nproof and there is nothing \u201cfactual\u201d about his position that \u201cMineOne waived its right to seek any\n\nfurther jurisdictional discovery from James Quid\u201d (ECF No. 351-2 at \u00b6 6); or that \u201cMineOne is not\n\nentitled to any discovery regarding BCB\u2019s alleged dissipation of assets\u201d (id. at \u00b6 11), and so on.\n\n Simply adding \u201cfactually\u201d in practically every sentence does not make BCB\u2019s counsel\u2019s\n\naffidavit proper. MineOne cited to case law at pages 4-5 of its opening Motion that attorney\n\naffidavits that advance factual averments are improper. See, e.g., Zaldivar v. JMJ Caterers, Inc.,\n\n166 F. Supp. 3d 310, 319 n.3 (E.D.N.Y. 2016) (\u201cDeclarations of counsel are generally properly\n\nused only to describe the documents attached to them as exhibits for the Court's consideration, not\n\nto advance factual averments or legal arguments.\u201d) (collecting cases).\n\n BCB does not attempt to distinguish any of MineOne\u2019s case citations here, and in fact, cites\n\nto one of MineOne\u2019s cases -- Everlast World\u2019s Boxing Headquarters Corp. v. Ringside, Inc., No.\n\n13-2150-CM-KGG, 2014 U.S. Dist. LEXIS 84704, at *1-2 n.1 (D. Kan. June 23, 2014) (Motion\n\nat 4) -- and agrees with MineOne that BCB\u2019s counsel\u2019s legal arguments in his affidavit are in fact\n\nimproper. Opp. at 8 n.4.\n\n BCB\u2019s counsel has filed a highly improper affidavit, or rather, a \u201cbackdoor\u201d brief which\n\nhas extended the reply brief three-fold, and then he has again extensively quoted from his improper\n\naffidavit in his opposition brief. Not only should his improper affidavit (ECF No. 351-2) be\n\nstricken, so should the portions of BCB\u2019s opposition brief (ECF No. 370) that reference BCB\u2019s\n\ncounsel\u2019s improper affidavit. The law is clear here. BCB\u2019s counsel cannot file a backdoor brief to\n\ncircumvent this Court\u2019s Local Rules\u2019 5-page maximum requirement. See Motion at 4-5. MineOne\u2019s\n\nopening Motion recites many examples of BCB\u2019s counsel\u2019s violations of the Local Rules (Motion\n\nat 2-3), and respectfully requests that the Court sanction him accordingly.\n\n\n\n\n PAGE 4\n\f Case 1:23-cv-00079-ABJ Document 377 Filed 10/01/24 Page 6 of 8\n\n\n\n\n Finally, the Court should not condone BCB\u2019s repeated violations of the Local Rules. Local\n\nRule 84.1(b) is clear that the Court has the inherent power to sanction attorneys for repeatedly\n\nviolating the Local Rules. MineOne\u2019s counsel operates well within the framework of the Local\n\nRules. BCB does not and BCB\u2019s violations are routine and brazen, as there have been no\n\nrepercussions (to date) for BCB and its counsel. MineOne has been subject of frivolous repeated\n\nsanctions motions. BCB extends its page limitations on briefing as it deems fit without seeking\n\napproval from the Court. MineOne has unfortunately had to file repeated motions to strike because\n\nBCB\u2019s improper practice continues. Unless BCB and its counsel are publicly reprimanded and\n\nattorneys\u2019 fees are awarded to MineOne for having to expend considerable time and money on\n\nwhat should have never been filed in the first place, this conduct will continue.\n\n Moreover, BCB\u2019s counsel attempted to elevate his son Michael Murphy as a pseudo-lawyer\n\nin this case by having him participate in meet and confer with counsel, which greatly hindered\n\ncounsel\u2019s meet and confer and culminated in Magistrate Judge Hambrick ordering \u201cthat counsel \u2013\n\nnot individual agents, officers, or the like of the parties \u2013 are the only participants in any and all\n\nfuture meets and confers.\u201d ECF No. 339, at 3, \u00b6 5; see also Exhibit 1 (excerpt of September 26,\n\n2024 Hearing transcript before Judge Johnson, at 43:12-44:22, 53:19-55:3). And now BCB\u2019s\n\ncounsel has attempted to elevate his son to an expert with his \u201canalysis\u201d of the documents. Michael\n\nMurphy is not a lawyer and certainly not an expert on anything. He is a fact witness on BCB\u2019s\n\nperformance, or lack thereof, at trial on these key issues in this case.\n\n CONCLUSION\n\n WHEREFORE, MineOne respectfully request that this Court enter an Order (1) striking\n\nthe Affidavits of Michael and Patrick Murphy, dated September 11, 2024 (ECF Nos. 351-1 and\n\n351-2), (2) admonishing BCB\u2019s counsel (Patrick Murphy) for his continued misconduct, (3)\n\n\n\n\n PAGE 5\n\f Case 1:23-cv-00079-ABJ Document 377 Filed 10/01/24 Page 7 of 8\n\n\n\n\nawarding MineOne\u2019s attorneys\u2019 fees and costs in bringing this third motion to strike, and (4)\n\nsanctioning BCB\u2019s counsel (Patrick Murphy) by subjecting him to discipline by the Court,\n\nincluding open court reprimands, pursuant to Local Civil Rule 84.1(b).\n\n\nDATED this 1st day of October, 2024\n\n DEFENDANTS MINEONE WYOMING DATA\n CENTER, LLC, MINEONE PARTNERS LLC\n AND TERRA CRYPTO INC.\n\n\n\n By: /s/ Paula K. Colbath\n Paula K. Colbath, Esq. (Admitted Pro Hac Vice)\n David Forrest, Esq. (Admitted Pro Hac Vice)\n Alex Inman, Esq. (Admitted Pro Hac Vice)\n 345 Park Avenue\n New York, NY 10154\n Telephone: (212) 407-4905\n Fax: (212) 407-4990\n\n HATHAWAY & KUNTZ, LLP\n Sean Larson Wyo. Bar #7-5112\n Kari Hartman, Wyo. Bar #8-6507\n P. O. Box 1208\n Cheyenne, WY 82003\n Phone: (307) 634-7723\n Fax: (307) 634-0985\n slarson@hkwyolaw.com\n khartman@hkwyolaw.com\n239951996\n\n\n\n\n PAGE 6\n\f Case 1:23-cv-00079-ABJ Document 377 Filed 10/01/24 Page 8 of 8\n\n\n\n\n CERTIFICATE OF SERVICE\n\n This is to certify that on the 1st day of October, 2024, a true and correct copy of the foregoing\n\nwas served upon counsel as follows:\n\n\n Patrick J. Murphy [\u2713] CM/ECF\n Scott C. Murray [ ] Fax:\n Williams, Porter, Day & Neville, P.C. [ ] E-mail:\n 159 N. Wolcott., Suite 400 pmurphy@wpdn.net\n P.O. Box 10700 (82602)\n Casper, WY 82601 smurray@wpdn.net\n Attorneys for Plaintiff\n\n\n\n\n Meggan J. Hathaway [\u2713] CM/ECF\n Jane M. France [ ] Fax:\n Sundahl, Powers, Kapp & Martin, L.L.C. [ ] E-mail:\n 500 W. 18th Street, Suite 200 mhathaway@spkm.org;\n Cheyenne, WY 82003-0328\n jfrance@spkm.org\n\n Marc S. Gottlieb [\u2713] CM/ECF\n Ortoli Rosenstadt, LLP [ ] Fax:\n 366 Madison Avenue, 3rd Floor [ ] E-mail:\n New York, NY 10017 msg@orllp.legal\n\n Attorneys for Bit Origin and SonicHash\n\n\n /s/Paula K. Colbath\n Loeb & Loeb, LLP\n\f","ocr_status":2,"date_upload":"2025-01-17T10:14:28.702744-08:00","document_number":"377","attachment_number":null,"pacer_doc_id":"20702485636","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Reply to Response","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/427498267/","id":427498267,"tags":[],"absolute_url":"/docket/67320886/377/1/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2025-01-17T09:47:52.143068-08:00","date_modified":"2025-01-18T02:33:31.514449-08:00","sha1":"b33add0dad7a4cb85f4c1c8f58da5888b884093e","page_count":9,"file_size":66364,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.377.1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.377.1.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:23-cv-00079-ABJ Document 377-1 Filed 10/01/24 Page 1 of 9\n\n\n\n\n EXHIBIT 1\n\fCase 1:23-cv-00079-ABJ Document 377-1 Filed 10/01/24 Page 2 of 9\n\n\n\n\n 1 IN THE UNITED STATES DISTRICT COURT\n\n 2 FOR THE DISTRICT OF WYOMING\n ______________________________________________________________\n 3\n BCB CHEYENNE, LLC, d/b/a | DOCKET NO. 23-CV-00079-ABJ\n 4 BISON BLOCKCHAIN, a Wyoming |\n limited liability company, | (Pages 1 through 56)\n 5 |\n Plaintiff, |\n 6 |\n vs. |\n 7 |\n MINEONE WYOMING DATA CENTER, | Cheyenne, Wyoming\n 8 LLC, a Delaware limited | Thursday, September 26, 2024\n liability company; MINEONE | 3:22 p.m.\n 9 PARTNERS, LLC, a Delaware |\n limited liability company; |\n10 TERRA CRYPTO, INC., a Delaware |\n corporation; BIT ORIGIN LTD., |\n11 a Cayman Island company; |\n SONICHASH, LLC, a Delaware |\n12 limited liability company; |\n BITMAIN TECHNOLOGIES HOLDING |\n13 COMPANY, a Cayman Island |\n company; BITMAIN TECHNOLOGIES |\n14 GEORGIA LIMITED, a Georgia |\n corporation; and JOHN DOES 1-20,|\n15 related persons and companies |\n who control or direct some or |\n16 all of the named Defendants, |\n |\n17 Defendants. |\n ______________________________________________________________\n18\n TRANSCRIPT OF MOTION HEARING PROCEEDINGS\n19 MOTION TO AMEND SCHEDULING ORDER\n\n20 BEFORE THE HONORABLE ALAN B. JOHNSON\n UNITED STATES DISTRICT JUDGE\n21\n\n22\n MELANIE L. HUMPHREY-SONNTAG, RDR, CRR, CRC\n23 Federal Official Court Reporter\n 2120 Capitol Avenue, Room 2228, Cheyenne, WY 82001\n24 307.433.2169 * MelanieSonntagCRR@gmail.com\n Proceedings reported with realtime stenography;\n25 transcript produced with computer-aided transcription.\n\fCase 1:23-cv-00079-ABJ Document 377-1 Filed 10/01/24 Page 3 of 9\n\n 23-CV-00079-ABJ 2\n\n\n\n 1 APPEARANCES (via Zoom):\n For the Plaintiff: PATRICK J. MURPHY\n 2 WILLIAMS, PORTER, DAY & NEVILLE\n 159 North Wolcott Street, Suite 400\n 3 Casper, WY 82601\n\n 4 For the Defendants PAULA COLBATH\n MineOne, Terra DAVID A. FORREST\n 5 Crypto, Bit Origin, LOEB & LOEB, LLP\n and SonicHash: 345 Park Avenue\n 6 New York, NY 10154\n\n 7 SEAN LARSON\n KARI HARTMAN\n 8 HATHAWAY & KUNZ, LLP\n 2515 Warren Avenue, Suite 500\n 9 Cheyenne, WY 82001\n\n10 For the Defendants MARC S. GOTTLIEB, I\n Bit Origin and ORTOLI ROSENSTADT, LLP\n11 SonicHash: 366 Madison Avenue, Third Floor\n New York, NY 10022\n12\n MEGGAN HATHAWAY\n13 SUNDAHL, POWERS, KAPP & MARTIN, LLC\n 2020 Carey Avenue, Suite 301\n14 Cheyenne, WY 82001\n\n15\n\n16\n\n17\n\n18\n\n19\n\n20\n\n21\n\n22\n\n23\n\n24\n\n25\n\fCase 1:23-cv-00079-ABJ Document 377-1 Filed 10/01/24 Page 4 of 9\n\n 23-CV-00079-ABJ ARGUMENT BY MR. GOTTLIEB 43\n\n\n\n 1 communications, won't produce any of its CleanSpark\n\n 2 communications, won't produce any of its Republic Title of\n\n 3 Texas documents, and, yet, they want to extend the discovery\n\n 4 cutoff to hammer on all of our people.\n\n 5 Your Honor, to close, the Court knows we're going to\n\n 6 have heavy dispositive motion briefing. But MineOne wants to\n\n 7 jam BCB so badly at -- when we were already consumed with\n\n 8 stress, burdensome costs, and fishing expeditions -- so\n\n 9 I can't focus my time and BCB's time on the dispositive motion\n\n10 briefing.\n\n11 Any further extensions only help MineOne cure its\n\n12 delay after delay after delay, and they burden BCB with more\n\n13 cost, more time delays, more difficulties. Don't -- please\n\n14 don't give MineOne yet another grace -- and that's what I call\n\n15 it, and I don't choose that word lightly but another grace --\n\n16 especially since MineOne is at fault for the predicament it\n\n17 put itself in by not doing the needed discovery when it should\n\n18 have done. Don't give them more days, more subpoenas, and\n\n19 more depositions to impose themselves on BCB when I need to be\n\n20 briefing to Your Honor.\n\n21 Thank you, Judge Johnson.\n\n22 MR. GOTTLIEB: Your Honor, may I be heard on this.\n\n23 THE COURT: Sure. Absolutely, Mr. Gottlieb.\n\n24 MR. GOTTLIEB: I don't have as much skin in the game\n\n25 as -- as MineOne, but I am part of this, and I'm -- we're sort\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 377-1 Filed 10/01/24 Page 5 of 9\n\n 23-CV-00079-ABJ ARGUMENT BY MR. GOTTLIEB 44\n\n\n\n 1 of working with MineOne because we're both defendants and we\n\n 2 have a commonality on certain issues.\n\n 3 But I've been a part of these meet and confers. And\n\n 4 I will say this: Mr. Murphy talks a very good game. He's\n\n 5 extremely polite, he's extremely soft-spoken, and he gives you\n\n 6 the impression that he's the victim here of everything, that\n\n 7 everything we've tried to do in this case is all wrong and\n\n 8 everything he's done is right.\n\n 9 It's just a gamesmanship all the way through. And\n\n10 I'll give you the best example of this.\n\n11 Judge Hambrick asked us to meet and confer -- she\n\n12 directed us to meet and confer on some of these issues, and we\n\n13 tried to do that.\n\n14 And when we got on the phone with all the counsel,\n\n15 Michael Murphy, Patrick Murphy's son, he took the lead on the\n\n16 meet and confer, which was completely improper. I objected to\n\n17 it. I told Patrick Murphy this is inappropriate, Paula\n\n18 Colbath told him this is inappropriate, and he wouldn't let it\n\n19 go. He wouldn't stop.\n\n20 Michael Murphy conducted the entire meet and confer.\n\n21 And when we were trying to get dates for depositions, it was\n\n22 virtually impossible.\n\n23 What Patrick doesn't tell you is the fact that when\n\n24 we tried to schedule depositions of certain principals of\n\n25 BCB -- including Mr. Emory, who Ms. Colbath was trying to\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 377-1 Filed 10/01/24 Page 6 of 9\n\n 23-CV-00079-ABJ ARGUMENT BY MR. MURPHY 53\n\n\n\n 1 I want to address one subpoena that -- Mr. Murphy has\n\n 2 been -- said that my client controls a witness by the name of\n\n 3 Huaili Zhang and another witness by the name of Chong Wang.\n\n 4 We have repeatedly told him we don't control those\n\n 5 individuals. Ultimately, because it just became a repeated\n\n 6 narrative from -- from Mr. Murphy every time he wrote to the\n\n 7 Court -- I said \"You know what? I'm going to facilitate\n\n 8 getting Huaili Zhang's deposition.\"\n\n 9 I have served a subpoena on Huaili Zhang,\n\n10 JWJ Technologies, a Georgia LLC. And so why Mr. Murphy at\n\n11 this point -- since he has been harping for months that he\n\n12 wants that individual, I said \"Here's his contact information;\n\n13 this is his last-known address; this is who he works for; you\n\n14 can readily serve a subpoena.\"\n\n15 He didn't. I finally said \"I've got to take this off\n\n16 the table. I'll subpoena him; I'll get the documents; I'll\n\n17 take his deposition.\" So Mr. Zhang is -- is available and\n\n18 where -- we anticipate getting documents.\n\n19 MR. MURPHY: If it please the Court -- or maybe it\n\n20 doesn't please the Court. You've had a long day.\n\n21 But I reject everything that Marc Gottlieb just\n\n22 represented to the Court.\n\n23 Sorry, Marc.\n\n24 MR. GOTTLIEB: Michael didn't get on the phone and\n\n25 conduct the meet and confer, Patrick? That didn't happen?\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 377-1 Filed 10/01/24 Page 7 of 9\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 54\n\n\n\n 1 MR. MURPHY: He did -- he was on the phone, and he\n\n 2 did not conduct the meet and confer. You know it.\n\n 3 MR. GOTTLIEB: That's not true --\n\n 4 MR. MURPHY: He asked -- he asked Paula Colbath --\n\n 5 (Simultaneous speaking.)\n\n 6 (Reporter seeks clarification.)\n\n 7 MR. GOTTLIEB: Everybody else was there and they can\n\n 8 attest to this.\n\n 9 And you know that that's not true.\n\n10 THE COURT: Is Michael on with you now, Patrick?\n\n11 MR. MURPHY: I'm sorry?\n\n12 THE COURT: Is Michael with you now?\n\n13 MR. MURPHY: No. When -- no, he's not. He's down in\n\n14 Denver.\n\n15 MS. COLBATH: Might I add on that point that Judge\n\n16 Hambrick issued an order, Your Honor, dated September 9,\n\n17 2024 -- and because Mr. Michael Murphy's presence made the\n\n18 meet and confer -- I can -- brutal, counterproductive,\n\n19 unprofessional.\n\n20 When we raised what exactly took place in detail with\n\n21 her, she issued an order on 9/9/2024 that states in\n\n22 paragraph 5 -- this is how serious she took the issue and what\n\n23 had taken place -- \"And that counsel, dash, not individual\n\n24 agents, officers, or the like of the parties, dash, are the\n\n25 only participants in any and all future meet and confers.\"\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 377-1 Filed 10/01/24 Page 8 of 9\n\n 23-CV-00079-ABJ ARGUMENT BY MR. MURPHY 55\n\n\n\n 1 She felt the need to issue a court order. It had\n\n 2 been so destructive to have Mr. Michael Murphy on, and that's\n\n 3 why the meet and confer lasted three hours.\n\n 4 MR. MURPHY: So incorrect. It was unprofessional\n\n 5 because of Ms. Colbath and her yelling and her refusal to tell\n\n 6 us what we all knew, and that's that Jiaming Li has a Chinese\n\n 7 passport and could have traveled to Hong Kong to give his\n\n 8 deposition. But she would never answer Michael Murphy's\n\n 9 question about that. I had to write a letter addressing\n\n10 Ms. Colbath's professionalism after that meet and confer.\n\n11 MR. GOTTLIEB: You just acknowledged that Pat -- that\n\n12 Michael Murphy was participating in this call, just there.\n\n13 MR. MURPHY: Of course I did. I've never denied\n\n14 that.\n\n15 It's just when you say, Mr. Gottlieb, that he\n\n16 conducted the entire meet and confer and that he was the\n\n17 problem, that's what I reject.\n\n18 MR. GOTTLIEB: He did. And that was true. And\n\n19 that's exactly what happened.\n\n20 And I stand by it and I'm an officer of the Court.\n\n21 MR. MURPHY: We all are.\n\n22 Enough is enough.\n\n23 THE COURT: The Court will enter its order. I'm not\n\n24 sure just what I'm going to say yet.\n\n25 Thank you.\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 377-1 Filed 10/01/24 Page 9 of 9\n\n\n\n\n 1 C E R T I F I C A T E\n\n 2\n\n 3\n\n 4\n\n 5 I, MELANIE HUMPHREY-SONNTAG, Federal Official Court\n\n 6 Reporter for the United States District Court for the District\n\n 7 of Wyoming, a Registered Diplomate Reporter, Certified\n\n 8 Realtime Reporter, and Certified Realtime Captioner, do hereby\n\n 9 certify that I reported by realtime stenography the foregoing\n\n10 proceedings contained herein on the aforementioned subject on\n\n11 the date herein set forth and that the foregoing pages\n\n12 constitute a full, true, and correct transcript.\n\n13\n\n14 Dated this 30th day of September, 2024.\n\n15\n\n16\n\n17\n\n18 /s/ Melanie Humphrey- Sonntag\n19\n\n20 MELANIE HUMPHREY-SONNTAG\n RDR, CRR, CRC\n21 Federal Official Court Reporter\n\n22\n\n23\n\n24\n\n25\n\f","ocr_status":2,"date_upload":"2025-01-17T10:14:30.245479-08:00","document_number":"377","attachment_number":1,"pacer_doc_id":"20702485637","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit 1 - Excerpt of 9/26/2024 Transcript of Court Hearing","acms_document_guid":""}],"date_created":"2024-10-01T09:17:47.935070-07:00","date_modified":"2025-09-23T09:32:31.207416-07:00","date_filed":"2024-10-01","time_filed":"09:31:01","entry_number":377,"recap_sequence_number":"2024-10-01.001","pacer_sequence_number":1243,"description":"REPLY to 370 Response in Opposition to Motion filed by Defendants MineOne Partners LLC, MineOne Wyoming Data Center LLC, Terra Crypto Inc. (Attachments: # 1 Exhibit 1 - Excerpt of 9/26/2024 Transcript of Court Hearing) (Colbath, Paula) (Entered: 10/01/2024)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/403711874/","id":403711874,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67320886/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/413955893/","id":413955893,"tags":[],"absolute_url":"/docket/67320886/376/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-09-30T08:16:26.465085-07:00","date_modified":"2025-09-23T09:32:31.176960-07:00","sha1":"e406a3c0489becbcf38736e1f40ebf497458cbbd","page_count":57,"file_size":435876,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.376.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.376.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 1 of 57\n\n\n\n\n 1 IN THE UNITED STATES DISTRICT COURT\n\n 2 FOR THE DISTRICT OF WYOMING\n ______________________________________________________________\n 3\n BCB CHEYENNE, LLC, d/b/a | DOCKET NO. 23-CV-00079-ABJ\n 4 BISON BLOCKCHAIN, a Wyoming |\n limited liability company, | (Pages 1 through 56)\n 5 |\n Plaintiff, |\n 6 |\n vs. |\n 7 |\n MINEONE WYOMING DATA CENTER, | Cheyenne, Wyoming\n 8 LLC, a Delaware limited | Thursday, September 26, 2024\n liability company; MINEONE | 3:22 p.m.\n 9 PARTNERS, LLC, a Delaware |\n limited liability company; |\n10 TERRA CRYPTO, INC., a Delaware |\n corporation; BIT ORIGIN LTD., |\n11 a Cayman Island company; |\n SONICHASH, LLC, a Delaware |\n12 limited liability company; |\n BITMAIN TECHNOLOGIES HOLDING |\n13 COMPANY, a Cayman Island |\n company; BITMAIN TECHNOLOGIES |\n14 GEORGIA LIMITED, a Georgia |\n corporation; and JOHN DOES 1-20,|\n15 related persons and companies |\n who control or direct some or |\n16 all of the named Defendants, |\n |\n17 Defendants. |\n ______________________________________________________________\n18\n TRANSCRIPT OF MOTION HEARING PROCEEDINGS\n19 MOTION TO AMEND SCHEDULING ORDER\n\n20 BEFORE THE HONORABLE ALAN B. JOHNSON\n UNITED STATES DISTRICT JUDGE\n21\n\n22\n MELANIE L. HUMPHREY-SONNTAG, RDR, CRR, CRC\n23 Federal Official Court Reporter\n 2120 Capitol Avenue, Room 2228, Cheyenne, WY 82001\n24 307.433.2169 * MelanieSonntagCRR@gmail.com\n Proceedings reported with realtime stenography;\n25 transcript produced with computer-aided transcription.\n\f Case 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 2 of 57\n\n 23-CV-00079-ABJ 2\n\n\n\n 1 APPEARANCES (via Zoom):\n For the Plaintiff: PATRICK J. MURPHY\n 2 WILLIAMS, PORTER, DAY & NEVILLE\n 159 North Wolcott Street, Suite 400\n 3 Casper, WY 82601\n\n 4 For the Defendants PAULA COLBATH\n MineOne, Terra DAVID A. FORREST\n 5 Crypto, Bit Origin, LOEB & LOEB, LLP\n and SonicHash: 345 Park Avenue\n 6 New York, NY 10154\n\n 7 SEAN LARSON\n KARI HARTMAN\n 8 HATHAWAY & KUNZ, LLP\n 2515 Warren Avenue, Suite 500\n 9 Cheyenne, WY 82001\n\n10 For the Defendants MARC S. GOTTLIEB, I\n Bit Origin and ORTOLI ROSENSTADT, LLP\n11 SonicHash: 366 Madison Avenue, Third Floor\n New York, NY 10022\n12\n MEGGAN HATHAWAY\n13 SUNDAHL, POWERS, KAPP & MARTIN, LLC\n 2020 Carey Avenue, Suite 301\n14 Cheyenne, WY 82001\n\n15\n\n16\n\n17\n\n18\n\n19\n\n20\n\n21\n\n22\n\n23\n\n24\n\n25\n\f Case 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 3 of 57\n\n 23-CV-00079-ABJ 3\n\n\n\n 1 I N D E X\n PAGE\n 2 Remarks by the Court 5\n Argument by Ms. Colbath 9\n 3 Argument by Mr. Murphy 29\n Argument by Mr. Gottlieb 43\n 4 Argument by Ms. Colbath 48\n Argument by Mr. Murphy 53\n 5 Argument by Ms. Colbath 54\n Argument by Mr. Murphy 55\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\n\n18\n\n19\n\n20\n\n21\n\n22\n\n23\n\n24\n\n25\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\f Case 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 4 of 57\n\n 23-CV-00079-ABJ 4\n\n\n\n 1 (Proceedings commenced 3:22 p.m., September 26, 2024.)\n\n 2 THE COURT: I see my screen in this -- at this\n\n 3 time -- sorry for the delay caused by another matter.\n\n 4 But I look at my screen, and I see BCB Cheyenne, a\n\n 5 limited liability company, doing business as Bison Blockchain,\n\n 6 who has sued in this court MineOne Wyoming Data Center,\n\n 7 MineOne Partners, and others at this point.\n\n 8 Looking at the screen, I see Patrick Murphy\n\n 9 representing the plaintiff in this case; I think Scott Ortiz\n\n10 has recently entered an appearance; Paula Colbath, who is lead\n\n11 counsel for MineOne Data Center, LLC; Marc Gottlieb, present\n\n12 today. And then -- and David Forrest. I thank you,\n\n13 Mr. Forrest. And, more locally on the defense side, Sean\n\n14 Larson, Kari Hartman, and Meggan Hathaway.\n\n15 As I understand it, there was an earlier hearing\n\n16 before Stephanie Hambrick, the Magistrate.\n\n17 Is that true, Mr. Murphy?\n\n18 MR. MURPHY: Your Honor, there have been several\n\n19 meetings with Magistrate Judge Hambrick. I'm not sure which\n\n20 one you're talking about, but there have been several.\n\n21 THE COURT: I'm talking about today.\n\n22 MR. MURPHY: Oh, I'm not aware of any today. You're\n\n23 our only audience today.\n\n24 THE COURT: Well, I'm glad to hear that.\n\n25 Let me talk about a couple thoughts I have but --\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\f Case 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 5 of 57\n\n 23-CV-00079-ABJ REMARKS BY THE COURT 5\n\n\n\n 1 I don't think they'll be particularly helpful, but they'll\n\n 2 make me feel better -- in this case, which is largely, in my\n\n 3 view, a disaster at this point in terms of trial preparation.\n\n 4 Both the plaintiffs and the defendants in this action\n\n 5 entered into a contractual relationship, anticipating that\n\n 6 they would both be, at this point, busy raking in lots of\n\n 7 Bitcoins, which convert into truckloads of dollars to their\n\n 8 mutual benefit.\n\n 9 BCB had the good fortune to convince the powers that\n\n10 be in Wyoming to give them access to substantial power\n\n11 resources, which would be paid for to the local power company.\n\n12 MineOne involved a group of businessmen, most of\n\n13 him -- most of whom hail from China, where Bitcoin mining is\n\n14 not a thing that is typically approved there or is a business\n\n15 model. It is here in the United States.\n\n16 Looking for opportunity, they encountered BCB and the\n\n17 folks with BCB, inexperienced as they were, and the parties\n\n18 negotiated a contract, anticipating good things.\n\n19 BCB invested its resource, which largely was the\n\n20 access to power and the talent of the principals, and MineOne\n\n21 and others their investment of sizeable amounts of money.\n\n22 We find themselves now mutually accusing one another\n\n23 of breach of contract and seeking to recover a pot of money\n\n24 that is now earning interest under control of the Court.\n\n25 Regardless of the merits of any claim in this matter,\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\f Case 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 6 of 57\n\n 23-CV-00079-ABJ REMARKS BY THE COURT 6\n\n\n\n 1 both parties, it would appear to me, have suffered a\n\n 2 frustration of what their original belief was that this\n\n 3 arrangement would yield for them and, certainly, for the\n\n 4 Chinese people or the foreign -- folks from China, losing a\n\n 5 very substantial investment of -- of money and, for BCB, the\n\n 6 opportunity to turn, for profit, their early access to a power\n\n 7 resource in this case.\n\n 8 Unknown to -- well, maybe unknown. I don't know.\n\n 9 But, certainly, as to MineOne principals, they come from a\n\n10 place where every fault isn't the source of litigation;\n\n11 really, where the Government owns each individual. Except for\n\n12 domestic problems, there's really not much need to resort to\n\n13 courts at the drop of a hat.\n\n14 They find themselves in the United States of North\n\n15 America where, for any reason at all, a jury can be assembled,\n\n16 lawyers hired, huge amounts of money spent to litigate any\n\n17 point at all. I suppose their learning curve is very\n\n18 substantial.\n\n19 Despite the circumstances of this case, plaintiff is\n\n20 highly advantaged, it seems to me, in this litigation,\n\n21 convenient to the Court, access to most of the individuals\n\n22 connected with this case, in the United States with all of our\n\n23 communication and transportation system, social media, and\n\n24 abilities to communicate easily. And defendants are\n\n25 disadvantaged in terms of their ability to travel like an\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\f Case 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 7 of 57\n\n 23-CV-00079-ABJ REMARKS BY THE COURT 7\n\n\n\n 1 American citizen can, across any border at a moment's notice\n\n 2 and -- and be available to -- to testify.\n\n 3 We are months down the road in this case and have\n\n 4 spent an enormous amount of money and resources sorting out,\n\n 5 it seems to me, whether or not there might be a jurisdictional\n\n 6 defect in this case -- and that's important because you'd hate\n\n 7 to go through this entire process and find out from the\n\n 8 Tenth Circuit that somebody down there has decided that\n\n 9 jurisdiction didn't exist -- and finding at every turn the\n\n10 personal animosities that exist among counsel.\n\n11 I haven't been in a position to form any personal\n\n12 animosity or feeling one way or the other about any of the\n\n13 principals in the case going forward. I don't know them.\n\n14 I've seen Mr. Murphy's sons at locations but, other than\n\n15 saying hello, have no particular knowledge of them and\n\n16 certainly don't have any knowledge of the individuals from\n\n17 other places.\n\n18 And part of this case is significantly affected by an\n\n19 action taken by the President of the United States. The Court\n\n20 has no knowledge whether or not the President of the United\n\n21 States -- had Mr. Murphy gone to the White House and got down\n\n22 on bended knee and pled with President Biden to not do what he\n\n23 did -- that he would have changed his mind -- or that a\n\n24 Chinaman had arrived at the President's White House and tried\n\n25 to enter and speak to the President, the President would say,\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\f Case 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 8 of 57\n\n 23-CV-00079-ABJ REMARKS BY THE COURT 8\n\n\n\n 1 \"Oh, no problem.\"\n\n 2 Everything I'm seeing, I think it would be just sheer\n\n 3 speculation to know that the result would be one bit different\n\n 4 regardless of who, what, or how the situation was presented to\n\n 5 the President with regard to the application of that law and\n\n 6 the process.\n\n 7 We have a trial date. I intend to keep the trial\n\n 8 date. But we may be in a situation where no experts testify\n\n 9 and maybe nobody testifies. Or we do it on affidavits or we\n\n10 do it some other way at this point.\n\n11 But there will be a decision. I am 100 percent\n\n12 confident that there will be every reason to appeal that\n\n13 decision, whatever it is, and that you'll be successful. The\n\n14 Tenth Circuit will sort out the pepper from the fly specks,\n\n15 and they'll undoubtedly find some reason in this mess to send\n\n16 it back again for further proceedings, either before me or\n\n17 before someone else, and the process will continue.\n\n18 It just seems that there comes a time when -- when\n\n19 reason should take over and -- and -- and everybody should --\n\n20 at least as adversaries; not enemies, as adversaries -- work\n\n21 together to resolve -- find a resolution or to take this case\n\n22 in the most efficient way possible to trial.\n\n23 I don't mind -- you know, we're here to try cases,\n\n24 and we're glad to do that. But we're going to spend an\n\n25 enormous amount of resources with clerk time -- and there are\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\f Case 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 9 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 9\n\n\n\n 1 lots of other cases with motions that need to be resolved\n\n 2 sitting here on the Court docket -- resolving tons of motions\n\n 3 for sanctions and -- and things that represent bad feelings in\n\n 4 this case -- which we'll do. But I don't see that it's\n\n 5 progressing the case very far.\n\n 6 So that's my piece. At this point I feel that the\n\n 7 parties have genuine interests on each side and -- and are\n\n 8 deserving of serious consideration of those interests.\n\n 9 It's my understanding that there is a need at this\n\n10 point for some adjustment to allow some discovery to take\n\n11 place and that Mr. Murphy has responded to that.\n\n12 So, Ms. Colbath, I'll let you go first.\n\n13 MS. COLBATH: May it please the Court. Thank you,\n\n14 Your Honor.\n\n15 And --\n\n16 THE COURT REPORTER: I can't hear you.\n\n17 (Reporter seeks clarification.)\n\n18 THE COURT: We've lost you again.\n\n19 I don't know if you can --\n\n20 MR. GOTTLIEB: Paula, you're on -- oh, there you go.\n\n21 Okay.\n\n22 MS. COLBATH: May it please the Court -- I apologize\n\n23 for that. But I appreciate your insights, Your Honor.\n\n24 We certainly always have full and robust discussions\n\n25 about the Court's comments and -- and will do so. I'm not\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 10 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 10\n\n\n\n 1 going to comment on them. I certainly agree with many of\n\n 2 them.\n\n 3 You know, I do find us all in a very unfortunate\n\n 4 situation. I think, if you look at the docket, you will see,\n\n 5 though, that my clients have been very conservative in filing\n\n 6 motions and have filed them when -- primarily -- when Judge\n\n 7 Hambrick or Judge Carman or Judge Rankin couldn't resolve\n\n 8 things and gave permission.\n\n 9 They did their best. We had multiple meet and\n\n10 confers. And so I view -- not just in this case but the way\n\n11 I practice -- motions are expensive for clients, and they are\n\n12 a last resort.\n\n13 There is a motion here. I think that is largely\n\n14 driven by the plaintiff being represented by a family member.\n\n15 And I -- I do my best to have meaningful conversations.\n\n16 I will continue to do so.\n\n17 Just by way of example, this is high priority. I was\n\n18 away camping in August -- which you see in the papers it is a\n\n19 yearly trip at that yearly time. I announced it well in\n\n20 advance of going away.\n\n21 During this camping trip I engaged in a meet and\n\n22 confer, which accomplished absolutely nothing. The plaintiff\n\n23 didn't come to the table with one deposition date, and it went\n\n24 on for three hours.\n\n25 So we are -- I -- I sometimes do feel we're going\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 11 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 11\n\n\n\n 1 through the motions. I do it. I approach it in good faith.\n\n 2 I am optimistic; it's just my general nature.\n\n 3 And, to the extent issues can be narrowed, we will\n\n 4 continue -- my clients will continue to work on that. Judge\n\n 5 Hambrick, when she said, \"Look, you've got to brief\" -- there\n\n 6 were a lot of outstanding discovery issues; she wanted a full\n\n 7 record; she wasn't able to get the parties to break any bread\n\n 8 or narrow any of the issues.\n\n 9 And I remain hopeful, once we get a response from the\n\n10 plaintiff, that maybe there is a way to take some of the\n\n11 issues off her plate. But she wanted to have a -- a full and\n\n12 complete record on it.\n\n13 I think there's part of the motion that -- that the\n\n14 parties have made easy for you. We all agree that there are\n\n15 certain motion dates that should be adjusted. So there was\n\n16 agreement there. I wish we had reached it before we filed the\n\n17 motion.\n\n18 But right now, because Judge Hambrick has asked us to\n\n19 brief a number of issues -- by way of example, there are some\n\n20 third parties locally in the Wyoming area, Black Hills Energy\n\n21 being one very important one. We issued a subpoena to\n\n22 Black Hills, and the plaintiff immediately filed a motion to\n\n23 quash before we could even serve the subpoena, so that is out\n\n24 there.\n\n25 Plaintiff itself has issued at least 2 subpoenas --\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 12 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 12\n\n\n\n 1 they've issued over 20 subpoenas. Now, we didn't think, in\n\n 2 all instances -- to legislative representatives and to\n\n 3 numerous people. We -- we thought it was maybe an effort to\n\n 4 intimidate some people from talking openly, a fishing\n\n 5 expedition.\n\n 6 But if the plaintiff thought that there might be\n\n 7 something there of relevance, we didn't rush in 20 times and\n\n 8 file any motions to quash. We knew, at the end of the day,\n\n 9 whatever was produced we would get the benefit of.\n\n10 And so when -- when -- you know, they have subpoenaed\n\n11 Black Hills twice. We -- we have documents that we want from\n\n12 Black Hills that they did not request, so we're -- we're --\n\n13 it's incumbent upon us to get those. I'm facing a motion to\n\n14 quash. And, you know, that, to me, just -- for so many\n\n15 reasons -- is the type of thing that I think the Court finds\n\n16 frustrating.\n\n17 So we -- we have a number of subpoenas outstanding.\n\n18 Obviously, once the motion to quash in these -- and these were\n\n19 filed right away -- it operates as a stay. My hands are tied.\n\n20 I'm -- I, frankly, was uncomfortable even calling Black Hills\n\n21 at that point, speaking to the general counsel and talking to\n\n22 a witness about what it is I wanted at the end of the day.\n\n23 While I think that that might have been okay -- in\n\n24 this environment I've got three sanctions motions against me\n\n25 for what is totally frivolous; I've got a motion to revoke my\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 13 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 13\n\n\n\n 1 pro hac vice. So I'm not talking -- you know, if there's a\n\n 2 motion to quash, I'm not even looking in the direction of\n\n 3 Black Hills at this point.\n\n 4 Obviously, plaintiff knows these motions have to get\n\n 5 reported to general counsels of firms and, you know -- and --\n\n 6 and I say that. I'm -- you know, at some point the Court will\n\n 7 look at them, and I'm -- I'm -- I'm not nervous about the\n\n 8 result in them, but it does stymie someone's ability to go and\n\n 9 talk to witnesses locally.\n\n10 And so that -- that, in part, is what's happened\n\n11 here. We have important outstanding discovery, and it's all\n\n12 been subject of a motion.\n\n13 I will write to plaintiff's counsel and say \"Do you\n\n14 represent Potential Witness Bryce Fincham?\" My request goes\n\n15 into a black hole. I subpoena the witness, properly serve\n\n16 him. The minute that I serve, I get a letter, \"Oh, please\n\n17 don't have any contact. Plaintiff is now -- plaintiff's\n\n18 counsel -- is now representing him.\"\n\n19 So we have -- I mean, these are just some\n\n20 illustrations.\n\n21 There -- it -- it can't be that, because plaintiff's\n\n22 counsel files motions on all of my discovery and doesn't\n\n23 comply with their own discovery obligations and the Magistrate\n\n24 says \"File your motion\" -- because she wasn't able to decide\n\n25 instantaneously and asked for full briefing, which, by\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 14 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 14\n\n\n\n 1 definition, is -- you know, 14 plus 7 -- you know, it -- it's\n\n 2 close to a month -- that, somehow -- and this is what\n\n 3 plaintiff's counsel's position is -- that, \"Well, the Judge\n\n 4 didn't decide it in time and you're out of luck.\"\n\n 5 And I don't believe that's the law. It's not,\n\n 6 certainly, what the Magistrate Judge intended when she asked\n\n 7 us to, you know, submit motions.\n\n 8 So I think that -- we're not asking for any\n\n 9 adjustment of the trial date. Our trial witnesses -- you\n\n10 know, we've -- we've -- we -- we will be ready to go on the\n\n11 27th. I will be there in your courtroom on the 10th, and\n\n12 there needs to be some recognition.\n\n13 Let me give you one last illustration of the type of\n\n14 gamesmanship that -- plaintiff's initial disclosures in this\n\n15 case identified many people -- but, certainly, three\n\n16 individuals who were the founding members of BCB -- and it\n\n17 instructed us to contact them through plaintiff's counsel, not\n\n18 an extraordinary-type thing.\n\n19 I started sending letters in July. I was the party\n\n20 that tried to set up a deposition schedule, not -- not any\n\n21 other defendant, not the plaintiff. I wrote numerous times\n\n22 and said \"Here's my list; this is going to be a heavy lift for\n\n23 all of us; we need an all-hands call to establish a schedule.\"\n\n24 I started this process in July.\n\n25 A couple weeks ago, we're -- we're having an informal\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 15 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 15\n\n\n\n 1 discovery conference with Magistrate Judge Hambrick where\n\n 2 she's asked us \"Identify the witnesses; identify who controls\n\n 3 them.\"\n\n 4 We show up on a Friday. I give my list, as she\n\n 5 instructed; we have a conference with her on Monday. Between\n\n 6 that Friday and Monday, when we had our conference, the\n\n 7 plaintiff in this case eliminated two of the witnesses from\n\n 8 their website over the weekend and showed up on Monday --\n\n 9 after 18 months of representing that they controlled the\n\n10 witnesses, that the witnesses were founders, and that I could\n\n11 only have contact with those witnesses through plaintiff's\n\n12 counsel, he announced for the first time \"I don't control\n\n13 them; I can't get them to a deposition; you'll have to\n\n14 subpoena them.\" And so these are the types of things that we\n\n15 faced that require some additional time.\n\n16 I think the schedule permits it. I think, given our\n\n17 efforts to take the depositions and secure the documents and\n\n18 complying with Magistrate Judge Hambrick, that it's\n\n19 appropriate that the discovery end date be adjusted to\n\n20 accommodate these types of things.\n\n21 I'm not going to get into tit-for-tat in the motion\n\n22 papers. I don't think it will benefit the Court. I'm not\n\n23 someone who engages in mudslinging and things of that sort.\n\n24 I would mention one last thing that -- that supports\n\n25 good cause here to make the requested adjustments, and it's --\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 16 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 16\n\n\n\n 1 it's another instance of pure gamesmanship.\n\n 2 We served our document requests at the beginning of\n\n 3 the year, and the documents were required to be produced to\n\n 4 the MineOne defendants in February of this year.\n\n 5 They were produced -- they were not produced in\n\n 6 proper format. We went back and forth. The documents were\n\n 7 finally produced in May of this year, and, at that time, they\n\n 8 produced -- I think it was -- about 20- or 30,000 pages of\n\n 9 documents. I want to get you the -- the precise number.\n\n10 But, in any event, there were major, major gaps,\n\n11 things like text messages and the equivalent that the parties\n\n12 on this project used.\n\n13 On Friday, August 16th -- one day and one month\n\n14 before the discovery deadline -- and on Monday, August 26th,\n\n15 while I was on vacation, the plaintiff in this matter did a\n\n16 data dump on the defendants and produced more than\n\n17 30,000 pages, more than they had produced in February when\n\n18 they were required to produce the documents.\n\n19 They waited until the end of the day for the key\n\n20 documents and dumped 30,000 pages, which we are still\n\n21 feverishly trying to go through. Those 30,000 should have\n\n22 been produced in February, and they just -- with no notice --\n\n23 dumped -- we had been complaining about major categories that\n\n24 were missing, but their -- their August -- a month out from\n\n25 the discovery deadline -- dwarfed what they had produced in\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 17 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 17\n\n\n\n 1 February.\n\n 2 Now, we -- my clients have done 19 separate -- if we\n\n 3 find documents, they -- they pressed for additional documents.\n\n 4 We produced. We had a professional vendor come in and take\n\n 5 all of the emails, collect from -- my clients did not go and\n\n 6 pick what was going to be produced. All of their devices were\n\n 7 collected, and they didn't sit at a computer and -- and pick\n\n 8 and choose.\n\n 9 The point is that, less than 30 days before the\n\n10 discovery deadline, the plaintiff produced more documents than\n\n11 it had at the date it was supposed to produce in February with\n\n12 little explanation as to how this could even possibly be.\n\n13 And so with items like that, it's just totally\n\n14 prejudicial to my clients to have this dumped -- and then they\n\n15 still want to, you know, do depositions -- which we are\n\n16 amenable and -- and tried to work out dates with them.\n\n17 But it's an injustice and it creates tremendous\n\n18 prejudice. If there are internal adjustments to the schedule\n\n19 here, there is no prejudice whatsoever to the plaintiff.\n\n20 And they actually try to mete out -- you know,\n\n21 they -- they complain about a lot of things they -- they say\n\n22 we didn't produce. I can answer all of them. They'll be\n\n23 addressed before Judge Hambrick. But they, too, are -- are\n\n24 complaining about documents but don't want to do any internal\n\n25 adjustments to the schedule.\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 18 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 18\n\n\n\n 1 And so the defendants -- you know, there has been bad\n\n 2 faith and -- you know, we're just -- we're just -- don't talk\n\n 3 in the same type of hyperbole when we file our motions, and we\n\n 4 don't, as a matter of course, every motion, couple it with\n\n 5 sanctions.\n\n 6 And so, Your Honor, good cause exists. There would\n\n 7 be tremendous injustice and prejudice if we are not able to\n\n 8 get the discovery because the plaintiff has filed motions\n\n 9 which operate as a stay and try to prevent us from getting\n\n10 what we need.\n\n11 I appreciate the Court's time.\n\n12 THE COURT: Thank you.\n\n13 As I understand it, the dates, then, have been -- the\n\n14 parties do agree to the extension of the dates.\n\n15 MS. COLBATH: Well, Mr. Murphy objects to me getting\n\n16 any of the discovery that is the subject of the pending\n\n17 motions. And I think that's where the biggest issue is.\n\n18 THE COURT: And -- and then -- tell me, what are the\n\n19 most important areas that you wish to go into at this point?\n\n20 MS. COLBATH: So there are -- there are a few.\n\n21 So Black Hills -- Your Honor in your opening remarks\n\n22 said that BCB had the good fortune to access substantial power\n\n23 resources and et cetera.\n\n24 And so, obviously, that power contract is a central\n\n25 point, and how BCB came to secure it is important. And there\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 19 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 19\n\n\n\n 1 was an RFP process, and I have interviewed other competitors\n\n 2 who also submitted RFPs. And the way -- BCB won that RFP\n\n 3 because they were the -- the bidder who actually agreed to pay\n\n 4 the highest price for the electricity.\n\n 5 Something that -- before my clients entered into the\n\n 6 contract that's at issue here, we said \"That's a no-go\n\n 7 contract. That price -- you agreed in that contract, BCB,\n\n 8 that you would pay at least 5 cents.\" And my client --\n\n 9 5 cents is a cap in the industry. You generally want, you\n\n10 know, 4 1/4 -- you know -- I don't want to get too technical\n\n11 with it. But we would not have done this deal if we had not\n\n12 been able to amend that contract. Okay?\n\n13 And that contract that was secured required BCB to\n\n14 escrow and post security of $11 million. They didn't have the\n\n15 financial wherewithal to do that.\n\n16 So while the Court puts a great value on the\n\n17 contract, they were unable to perform it. They had -- you\n\n18 know, and so the financial aspect is I'm trying to identify\n\n19 what type of capitalization did they have at the time,\n\n20 significantly less from what I can tell --\n\n21 THE COURT: Okay. Now, this -- this is\n\n22 capitalization you're talking about from BCB?\n\n23 MS. COLBATH: This is BCB. So --\n\n24 THE COURT: So let's --\n\n25 MS. COLBATH: -- Black Hills, as -- Black Hills, as\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 20 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 20\n\n\n\n 1 part of the RFP process, you need to satisfy them that you\n\n 2 have the financial wherewithal to be able to build the\n\n 3 facility and to support the contract.\n\n 4 The initial contract between BCB and the power\n\n 5 company here, Black Hills Energy, had a provision that BCB was\n\n 6 required to post -- it could be a letter of credit, cash\n\n 7 collateral, something -- but the security was --\n\n 8 THE COURT: But Mr. -- Mr. Murphy doesn't want you to\n\n 9 have the contract? Is that where you are?\n\n10 MS. COLBATH: I'm not sure.\n\n11 But, in any event --\n\n12 THE COURT: Well, what's --\n\n13 MS. COLBATH: -- this is some of the discovery that\n\n14 we're seeking.\n\n15 THE COURT: What's -- okay. You -- you want to\n\n16 subpoena documents from Black Hills; right?\n\n17 MS. COLBATH: Black Hills and the investors in BCB.\n\n18 So that I can ascertain what type of capitalization BCB had\n\n19 when it told Black Hills, in order to secure the contract,\n\n20 that it could build the facility.\n\n21 It hadn't met my clients. I'd like to know whether\n\n22 what it said to Black Hills to secure the contract was true.\n\n23 I don't think it was. I don't think that they had a -- a dime\n\n24 in the bank at that point. I think, ultimately, at some point\n\n25 they raised about 3 million.\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 21 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 21\n\n\n\n 1 But, also, a month before they walked off this job in\n\n 2 March of 2023, that 3 million left their bank account. It's\n\n 3 kind of classic, making yourself judgment proof.\n\n 4 They have told the Court repeatedly they don't have\n\n 5 any money and they don't have a bond and -- and so -- \"Well,\n\n 6 why did you return, without any consideration, the money that\n\n 7 you had in the bank?\" So there are financial issues.\n\n 8 There's a third. I -- just to keep you like --\n\n 9 there's so many on the financial aspects.\n\n10 But jurisdiction was a major thing, as we all know.\n\n11 A couple of months ago, when I'm asking about taking the\n\n12 deposition of a gentleman who I believe put in a million\n\n13 dollars -- although they're totally -- they refuse to produce\n\n14 anything on their finances. My clients have been tipped\n\n15 upside down. Every communication relating to a dollar that\n\n16 they -- that they had invested or paid for a supply has been\n\n17 produced.\n\n18 I received a letter about this particular witness\n\n19 that I was pursuing, and Mr. Murphy writes -- excuse me.\n\n20 BCB counsel writes that, \"Well, we made a mistake and\n\n21 he wasn't a member on this date, and he signed this document,\n\n22 and it said something as of, and he did Series A and not\n\n23 Series\" -- I mean, it was like -- I couldn't follow the\n\n24 letter.\n\n25 Just give me the documents underlying it. You're now\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 22 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 22\n\n\n\n 1 claiming that someone who -- and they've never corrected their\n\n 2 corporate disclosure on this. But he wrote a letter.\n\n 3 So there are all kinds of issues relating to the\n\n 4 finances. And -- and it goes right to did they improperly\n\n 5 secure the initial contract. Did they have -- once they got\n\n 6 the contract, could they have ever fulfilled it? I mean, part\n\n 7 of -- part of the first amendment was you have to do certain\n\n 8 things within 45 days. They had no ability to do it. They\n\n 9 needed an extension of that 45 days.\n\n10 So -- so let's talk about the witnesses. The\n\n11 documents -- there's a long list of them. And that's fully --\n\n12 fully briefed.\n\n13 THE COURT: Well, I don't -- I don't quite understand\n\n14 at this point.\n\n15 You've indicated that you need documents from\n\n16 Black Hills.\n\n17 MS. COLBATH: That's one -- that's one party that was\n\n18 subpoenaed.\n\n19 THE COURT: Okay. And what are you going to do to\n\n20 get those? Or can you get them?\n\n21 MS. COLBATH: I --\n\n22 THE COURT: What does Mr. --\n\n23 MS. COLBATH: So -- so --\n\n24 THE COURT: What -- what are you frustrated about\n\n25 that?\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 23 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 23\n\n\n\n 1 MS. COLBATH: Yes.\n\n 2 So plaintiff's counsel subpoenaed them twice;\n\n 3 I didn't jump up and down. When I subpoenaed them, I was met\n\n 4 immediately -- I did -- I followed the local rules, give\n\n 5 plaintiff notice of your intention to serve.\n\n 6 Before -- the next day, before I got to Black Hills\n\n 7 with serving the subpoena, I was met with a motion to quash.\n\n 8 I'm not entitled to any documents from Black Hills. None.\n\n 9 Zero. No meet and confer. A motion -- the motion under the\n\n10 rules that operates as a stay.\n\n11 So, Your Honor, my -- both my hands are handcuffed\n\n12 behind my back right now.\n\n13 I issued subpoenas. They've objected entirely to\n\n14 every subpoena and every witness that -- that I subpoenaed.\n\n15 The -- the Magistrate Judge -- because we had so many\n\n16 issues with Desrochers, who was a member -- he was the one\n\n17 party, as the Court will recall, that was creating the subject\n\n18 matter jurisdiction issue.\n\n19 Ultimately, we hired process servers, two different\n\n20 companies; we ultimately hired a private investigator. We had\n\n21 people parked -- he never appeared, you know, at that Colorado\n\n22 address. Judge Rankin finally said \"I'm just going to -- if\n\n23 Mr. Murphy's representing him, you can serve him by email.\"\n\n24 When we had a meeting, an informal discovery\n\n25 conference with Magistrate Judge Hambrick -- when I learned\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 24 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 24\n\n\n\n 1 suddenly overnight people were removed from the website;\n\n 2 they're no longer under the control, even though they're\n\n 3 founders and members -- I said, \"Okay. I anticipate I'm going\n\n 4 to have trouble serving these individuals now.\" And she made\n\n 5 plaintiff's counsel represent on the record that he wouldn't\n\n 6 interfere with the service.\n\n 7 I could tell you we know where people live. When\n\n 8 they don't show up to their primary residence for two weeks,\n\n 9 the three individuals, something has happened. And they have\n\n10 interfered.\n\n11 So we have a motion pending before -- it's the\n\n12 discovery motion. We have one large discovery motion before\n\n13 Judge Hambrick, asking her -- we're facing a repeat of -- of\n\n14 the same thing that happened with a prior witness. We would\n\n15 like to be able to serve them by email.\n\n16 These are people that, until two weeks ago, were\n\n17 listed as founders and -- and I could only contact them\n\n18 through plaintiff's counsel. One of the individuals is --\n\n19 THE COURT: Let me tell you --\n\n20 MS. COLBATH: -- Mr. Murphy's son.\n\n21 THE COURT: -- all of this seems very scattered\n\n22 to me.\n\n23 MS. COLBATH: It is because -- because -- I'm trying\n\n24 to give you illustrations. This is all fully briefed before\n\n25 Judge Hambrick.\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 25 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 25\n\n\n\n 1 There are 20 categories of documents that the\n\n 2 plaintiff has refused to produce. She said \"Give them to me;\n\n 3 I'll decide it.\"\n\n 4 There are witnesses that suddenly no longer go to\n\n 5 their regular homes at night. We've asked her \"Please let us\n\n 6 serve them by email.\"\n\n 7 And these are people that I would have subpoenaed in\n\n 8 August except -- they were on my witness list to -- to\n\n 9 plaintiff's counsel.\n\n10 THE COURT: Okay. These -- these --\n\n11 MS. COLBATH: So there is -- it is scattered.\n\n12 THE COURT: These people are the ones you're talking\n\n13 about that the -- BCB says are merely investors? And the\n\n14 reason you want them is because of what you referred to in\n\n15 terms of the RFP; right?\n\n16 MS. COLBATH: No. No.\n\n17 So -- so there's Black Hills, and that's the RFP.\n\n18 But the RFP has financial aspects to it. Okay?\n\n19 Then you have BCB and its ability to build the\n\n20 project as it represented it could do. Okay? And so the\n\n21 investors are important for that.\n\n22 Then Bryce Fincham -- suddenly it creates\n\n23 jurisdictional issues. And we just got a letter that's --\n\n24 that's like -- I mean, it -- it's cryptic. And so I had\n\n25 already determined that I wanted his deposition. Okay?\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 26 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 26\n\n\n\n 1 And then you have BCB telling you at the evidentiary\n\n 2 hearing -- Mr. Michael Murphy -- \"I lost my entire life\n\n 3 savings with this project; all of us did; my entire team lost\n\n 4 everything.\"\n\n 5 Well, that -- I -- you know, that makes someone --\n\n 6 that was an emotional appeal, and I'm allowed to test that and\n\n 7 determine whether it's true. So there are -- there's -- the\n\n 8 finances have multiple -- multiple relevance here.\n\n 9 And so a Bryce Fincham, who was subpoenaed and\n\n10 served, contributes, you know, certain aspects for the case.\n\n11 Others contribute something different.\n\n12 But the finances and -- and BCB gutting itself of\n\n13 every dime less than one month before it walked off the job\n\n14 needs an explanation because I've got substantial\n\n15 counterclaims.\n\n16 And it app- -- and we put in that we thought that\n\n17 this might be an alter ego situation. And, if they don't have\n\n18 a good reason for returning every dime that -- that we've been\n\n19 able to identify that they have -- upwards of 3.2 million --\n\n20 all these investors are much more significant. So there's the\n\n21 investor bucket.\n\n22 There are three people who are not investors. That\n\n23 would be Steve Randall, who came on as a project manager;\n\n24 Neil Phippen, who was supposed to be on the site on a daily\n\n25 basis as a founder; and Sean -- Sean Murphy, who took on some\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 27 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 27\n\n\n\n 1 roles at the end of the day.\n\n 2 So those three are -- are -- who was running the\n\n 3 show? Why wasn't things -- why weren't things getting done?\n\n 4 What were the delays?\n\n 5 BCB says it was that -- you know, they point the\n\n 6 finger at all of the contractors. I've spoken with many of\n\n 7 the contractors. They tell a completely different story about\n\n 8 what the problem was.\n\n 9 So there are -- there are three people who were\n\n10 there, responsible, connected to BCB, hired by BCB, members of\n\n11 BCB, and -- and so those are the three that we're subpoenaing.\n\n12 THE COURT: Now --\n\n13 MS. COLBATH: Then -- then --\n\n14 THE COURT: -- is all --\n\n15 MS. COLBATH: -- let me raise one other --\n\n16 THE COURT: -- is all of this --\n\n17 MS. COLBATH: -- let me raise one other --\n\n18 THE COURT: Okay. Go ahead.\n\n19 MS. COLBATH: No, no. Your Honor, you -- you go.\n\n20 I didn't realize you . . .\n\n21 THE COURT: I'm just wondering. Is all of this\n\n22 before a Magistrate at this point?\n\n23 MS. COLBATH: All of these outstanding discovery\n\n24 issues are briefed and ready -- well, there may be some papers\n\n25 that -- that plaintiff still needs to put in. But the -- my\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 28 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 28\n\n\n\n 1 motion on everything that we -- that I've mentioned to you is\n\n 2 totally briefed to her, at her request. So she -- she's fully\n\n 3 informed about all of these items.\n\n 4 THE COURT: Okay.\n\n 5 Let me ask if there's something that, locally, we\n\n 6 could do -- depending on her rulings in those regards -- such\n\n 7 as requiring all the parties to gather at particular\n\n 8 locations, particular times, right here in the courthouse, and\n\n 9 we'll supervise all of the depositions that you need and --\n\n10 and require --\n\n11 MS. COLBATH: I think that's --\n\n12 THE COURT: -- require the plaintiff to --\n\n13 MS. COLBATH: -- that's a --\n\n14 THE COURT: -- produce, you know, those founders\n\n15 and -- and -- here at a given day.\n\n16 Would that help?\n\n17 MS. COLBATH: I totally endorse that, Your Honor.\n\n18 I had wanted the depositions in person, in Wyoming,\n\n19 and said \"I will bring my client to your office, Mr. Murphy,\n\n20 so that it can take place and, if there's any issues, we have\n\n21 access. And you can hand him the documents and he can -- it's\n\n22 not on a screen\" -- but that was rejected.\n\n23 And so we ultimately defaulted -- because I just\n\n24 wanted to -- to make things smooth. I capitulated and I said\n\n25 \"Let's just do it by Zoom.\"\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 29 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MR. MURPHY 29\n\n\n\n 1 I -- I wanted it -- I was ready to bring and -- do\n\n 2 everyone right there in Wyoming. So we're on the same\n\n 3 wavelength in that regard.\n\n 4 And you want to set a two-week, three-week period\n\n 5 where, you know, witnesses -- every day someone comes in,\n\n 6 I'm -- I'm ready to do that.\n\n 7 MR. MURPHY: Your Honor, when the time is right, may\n\n 8 I be heard.\n\n 9 THE COURT: Sure.\n\n10 MR. MURPHY: Okay. Whenever -- you tell me when\n\n11 you're ready.\n\n12 THE COURT: I'm -- I'm, of course, here.\n\n13 MR. MURPHY: Okay. All right.\n\n14 If it please the Court, Ms. Colbath, and all counsel.\n\n15 Let -- let's just back up for a moment and get the\n\n16 context. Everyone agrees the Court should keep the\n\n17 January 7th trial date. We all know it's a bench trial for\n\n18 two weeks. There has to be an end to this contentious\n\n19 lawsuit, and it can't come soon enough.\n\n20 Equally important, there has to be an end to the\n\n21 discovery. The Court has already granted the defendants' four\n\n22 extensions to the discovery and expert witness designation\n\n23 cutoff deadlines.\n\n24 The Court first granted extensions of the\n\n25 jurisdictional discovery deadline for MineOne to receive\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 30 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MR. MURPHY 30\n\n\n\n 1 Tim Desrochers' 1,400 pages of records and take\n\n 2 Mr. Desrochers' deposition on -- on April 22nd.\n\n 3 The Court next extended the discovery cutoff from\n\n 4 August 7th to September 17th at MineOne's request. The Court\n\n 5 next extended the defendants' deadline to designate their\n\n 6 expert witnesses. And the Court then again extended the\n\n 7 deposition discovery cutoff from September 17 to September the\n\n 8 30th.\n\n 9 No further grace or -- or extension should be granted\n\n10 by the Court. Instead, the only extensions that should be\n\n11 granted are the agreed extensions to the briefing deadlines\n\n12 that both of us have submitted in our briefing.\n\n13 MineOne agreed this month that it will conduct the\n\n14 depositions of the witnesses it identified in its September 4\n\n15 letter to Judge Hambrick and to all counsel by September 30th.\n\n16 And, after sending its list of nearly 20 people it\n\n17 wanted to depose to Judge Hambrick and counsel on\n\n18 September 4th and not listing JWJ Technology or Bitmain on\n\n19 that list, Mine- -- here's how MineOne has spent its\n\n20 September time: The only deposition it took was of BCB's\n\n21 damages expert, Patrick Gahan, on September 17th; it scheduled\n\n22 the deposition of BCB's member and cofounder, Emory Patterson,\n\n23 on Monday morning, September 30th, which will happen; and it\n\n24 has chased after people that were not on its September 4\n\n25 list -- Bitmain Georgia witness and JWJ Technology witness --\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 31 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MR. MURPHY 31\n\n\n\n 1 with very untimely subpoenas; and, now, it is refusing to take\n\n 2 Sean Murphy's deposition on the September 30 deposition\n\n 3 discovery deadline because Ms. Colbath says she is too busy.\n\n 4 None of this warrants yet another extension of the\n\n 5 September 17 document discovery cutoff or the September 30\n\n 6 deposition discovery cutoff.\n\n 7 Mine- -- in -- in their moving papers on the motion\n\n 8 that we're here to talk about today, Judge Johnson, this is\n\n 9 what MineOne wrote: \"MineOne will conduct the depositions of\n\n10 witnesses that have been identified by the Court's\n\n11 September 30, 2024, deadline,\" and that's at ECF 344 at\n\n12 page 4, and that's what should happen, Your Honor. MineOne\n\n13 should not be given any further grace or extensions to take\n\n14 any depositions after that September 30 deadline.\n\n15 And the reason is this: These delays are on MineOne.\n\n16 They're not on BCB. The delays of conducting depositions in\n\n17 July, August, and September are MineOne's fault and doing and\n\n18 should not be saddled on BCB. BCB should not have to suffer\n\n19 yet another extension because, A, MineOne's key witness,\n\n20 Erick Rengifo, was on a month-long vacation in August;\n\n21 MineOne's counsel, Ms. Colbath, was on a 12-day vacation from\n\n22 August 23 to September 4 and wouldn't allow the rest of us to\n\n23 do any depositions without her being present; and MineOne has\n\n24 been hiding and protecting its four important Chinese\n\n25 witnesses -- Jiaming Li, Chong Wang, Huaili Zhang, and\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 32 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MR. MURPHY 32\n\n\n\n 1 Haku Du -- from giving their depositions in August or\n\n 2 September; and MineOne has been preoccupied with chasing after\n\n 3 irrelevant depositions of BCB's investor and members of\n\n 4 members instead of taking the depositions of these important\n\n 5 witnesses.\n\n 6 And they've been filing incredibly untimely subpoenas\n\n 7 requiring testimony and documents on third parties\n\n 8 JWJ Technology and Bitmain Georgia this month but not\n\n 9 producing their important witnesses for their depositions.\n\n10 And -- and this is important: MineOne's counsel\n\n11 volunteered to Judge Hambrick that MineOne would subpoena\n\n12 Stephen Randall and Neil Phippen for depositions in September.\n\n13 But now they seek yet another extension to depose them when\n\n14 MineOne did not serve them with their deposition subpoenas.\n\n15 And MineOne untimely served Bitmain with numerous\n\n16 written discovery requests on September 12, all at -- nearly\n\n17 all of which -- such as Bitmain's CFIUS communications,\n\n18 Bitmain's communications with Huaili Zhang and JWJ Technology,\n\n19 and Bitmain's communications concerning BCB and these\n\n20 facilities -- should have been served in July or August.\n\n21 BCB has made Michael Murphy, Emory Patterson, and\n\n22 Sean Murphy available for MineOne to depose, with Emory\n\n23 Patterson and Sean Murphy on Monday, September 30, but MineOne\n\n24 is deposing only Emory Patterson that day, now saying it is\n\n25 too busy to depose Sean Murphy. And MineOne has told us that\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 33 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MR. MURPHY 33\n\n\n\n 1 they don't want to depose my oldest son, Michael Murphy.\n\n 2 BCB made its managing agents, the keymen, available\n\n 3 for their depositions but MineOne has not. They've hidden\n\n 4 their people.\n\n 5 Let me tell you -- let's talk about Sean Murphy.\n\n 6 Sean Murphy is my second son. And I absolutely\n\n 7 reject any notion that we all gather together in the\n\n 8 courthouse in October for more depositions when we need to be\n\n 9 briefing the dispositive motions.\n\n10 Here's why you shouldn't do that -- or not even think\n\n11 of it: Sean Murphy has been available to be deposed nearly\n\n12 all of 2024. He was available back in December of '23 and\n\n13 January of '24 when BCB first began trying to schedule\n\n14 depositions with MineOne.\n\n15 Sean Murphy was available this July and August when\n\n16 I was trying so hard to schedule and coordinate depositions\n\n17 with MineOne. All you have to do is look at my July 15th\n\n18 letter to all the other counsel, which I attached as our\n\n19 response to the motion we're here about today.\n\n20 And Sean Murphy was available at the end of August\n\n21 when Ms. Colbath went on her 12-day vacation and wouldn't do\n\n22 any depositions.\n\n23 And MineOne apparently tried to serve Sean Murphy in\n\n24 Cheyenne at his town house there, but Sean was with his son in\n\n25 Colorado and traveling in September. His son -- and my\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 34 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MR. MURPHY 34\n\n\n\n 1 grandson -- is very sick. And, given everything going on with\n\n 2 his tenuous health situation, after we were all together as a\n\n 3 family on September 16th, Sean traveled to South Carolina to\n\n 4 be with his palliative care and hospice mentor about\n\n 5 everything that was going on because -- Sean is a 15-year\n\n 6 hospice volunteer in the VA, but, even with all his palliative\n\n 7 care and end-of-life care, he is mightily challenged being a\n\n 8 palliative father for his son's progressing brain disease.\n\n 9 And when Sean got back to Wyoming and heard that\n\n10 MineOne and Ms. Colbath were wanting to depose him, he reached\n\n11 back to Ms. Colbath and made himself available for a\n\n12 deposition on the discovery deadline on September 30th.\n\n13 But Ms. Colbath declined to schedule Sean's\n\n14 deposition that day, instead hoping the Court will now grant\n\n15 MineOne yet another extension, yet another grace to depose\n\n16 him, but they should not have any more graces or extensions.\n\n17 These extensions are burying BCB. We are already under great\n\n18 stress and burden, both personally with Sean's son and with\n\n19 our family members involved in this incredibly contentious\n\n20 lawsuit.\n\n21 And, you know, I agree with you. Enough is enough.\n\n22 MineOne has had a full year to schedule and do its\n\n23 depositions. This Court has bent over backward and given\n\n24 multiple extensions. And Sean is another example of why the\n\n25 Court should keep the September 30 discovery deposition\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 35 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MR. MURPHY 35\n\n\n\n 1 deadline that Judge Hambrick, with your leave, Judge Johnson,\n\n 2 granted a couple of weeks ago and should not grant another\n\n 3 deposition extension.\n\n 4 I want to talk to you about the other two people they\n\n 5 mentioned about wanting to do depositions of, Neil Phippen and\n\n 6 Stephen Randall. And those are in addition to Sean Murphy.\n\n 7 The Court should not allow MineOne to take\n\n 8 depositions of Neil Phippen or Neil -- Neil Phippen or Stephen\n\n 9 Randall after the September 30 deposition discovery deadline.\n\n10 MineOne's counsel volunteered on September 9th to\n\n11 Judge Hambrick to subpoena Mr. Randall and Mr. Phippen for\n\n12 their depositions later this month, and MineOne has not\n\n13 achieved service on either Mr. Phippen or Mr. Randall at their\n\n14 Denver and Phoenix homes the last 15 days.\n\n15 MineOne should especially not be allowed to depose\n\n16 Mr. Phippen and Randall after the September 30 deposition\n\n17 discovery cutoff where, as here, MineOne never sought to\n\n18 depose Phippen or Randall before September.\n\n19 MineOne is simultaneously hiding and protecting its\n\n20 four most important witnesses -- Li, Du, Zhang, and Wang --\n\n21 from giving any deposition in September, even though all of\n\n22 those people are owners or employees of MineOne.\n\n23 Importantly, Stephen Randall is a for- -- Stephen\n\n24 Randall is a former, not current, employee of BCB who worked\n\n25 at the North Range site until March of 2023 but who is not a\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 36 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MR. MURPHY 36\n\n\n\n 1 member of BCB, was never a founder of BCB, and who has not\n\n 2 been involved with BCB management since this case was filed in\n\n 3 May of '03 -- or '23 -- and who was never a managing agent of\n\n 4 BCB. And BCB has no control over Steve Randall, and,\n\n 5 therefore, cannot voluntarily produce him for his deposition.\n\n 6 I don't know where he is.\n\n 7 Neil Phippen is a member of BCB, but Mr. Phippen has\n\n 8 largely withdrawn from any management of BCB since the lawsuit\n\n 9 was filed in early 2023. He's, frankly, moved on with his\n\n10 life to provide for his family and left this lawsuit and BCB's\n\n11 only remaining business -- this lawsuit -- for Michael Murphy\n\n12 and Emory Patterson to handle.\n\n13 Importantly, MineOne has not demonstrated the\n\n14 predicate facts to support any service of these Randall and\n\n15 Phippen deposition subpoenas by email. MineOne has not shown\n\n16 that either man is evading personal service of the September\n\n17 deposition subpoenas.\n\n18 MineOne has not served Mr. Phippen at his Denver home\n\n19 or Mr. Randall at his Phoenix home the last two weeks, but it\n\n20 is more likely that these men are traveling and not present at\n\n21 their permanent homes than it is that they are avoiding or\n\n22 evading any service of MineOne's 11th-hour subpoenas.\n\n23 And there is just, frankly, no cause or reason to\n\n24 further extend the September 30 deposition discovery cutoff\n\n25 for MineOne to depose these two men, who they should have\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 37 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MR. MURPHY 37\n\n\n\n 1 deposed during the last year. They should have taken their\n\n 2 depositions long ago and chose not to.\n\n 3 Even if -- Your Honor, even if the Court were\n\n 4 inclined to allow service of their deposition subpoenas by\n\n 5 email in lieu of personal service, it is too late for MineOne\n\n 6 to take these depositions. And even if the Court were further\n\n 7 inclined to both extend the discovery cutoff to allow MineOne\n\n 8 to take their depositions and allow service of their subpoenas\n\n 9 by only email, MineOne must first show proof the recipient\n\n10 received, opened, and read the email so the recipient has\n\n11 actual notice he has been served.\n\n12 MineOne bears the burden of proving that the\n\n13 recipient actually opened and read the email, and technology\n\n14 exists where you can show the recipient actually opened and\n\n15 read his email. Constructive notice of a subpoena being sent\n\n16 to a third person's email address is not actual notice of\n\n17 receipt and awareness of that subpoena under Rule 45.\n\n18 I could talk about the -- the Bitmain subpoena that\n\n19 they served, incredibly, two days after BCB settled with\n\n20 Bitmain Georgia, but that's pending before the Court. That --\n\n21 that motion to quash has been filed. MineOne has -- or\n\n22 Bitmain. Not me. Bitmain filed that well-taken motion,\n\n23 MineOne responded last night, and Bitmain has a chance to\n\n24 reply to that. That one is not ripe.\n\n25 But what Ms. Colbath spent most of her time talking\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 38 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MR. MURPHY 38\n\n\n\n 1 about was the subpoenas that she served on BCB's investor\n\n 2 CMV Global and four members of member of BCB that are located\n\n 3 in Illinois, Ohio, Tennessee, and Florida.\n\n 4 And perhaps the Court is not fully aware of that, but\n\n 5 Your Honor, Judge Johnson, has under advisement BCB's\n\n 6 August 16th motion to quash MineOne's subpoenas to those\n\n 7 Illinois, Ohio, Tennessee, and Florida investor and members.\n\n 8 That has been fully briefed. I did supplemental briefing on\n\n 9 that pursuant to Judge Hambrick's leave. MineOne has fully\n\n10 briefed that.\n\n11 And I think it was just -- it may have been this\n\n12 morning or yesterday that this Court unreferred or\n\n13 rereferred -- I don't know what the right words are -- that\n\n14 big motion to Your Honor and took that off of Judge Hambrick's\n\n15 plate.\n\n16 But the point of all of that briefing is that those\n\n17 requested depositions and document subpoenas are irrelevant,\n\n18 they're unnecessary, they're unduly burdensome, they're all\n\n19 fishing expeditions.\n\n20 And, if the Court were to even allow any of those\n\n21 meritless depositions to be taken or document subpoenas to be\n\n22 answered, it would adversely impact the three-week extensions\n\n23 all parties now agree should be granted for briefing the\n\n24 dispositive motions -- excuse me -- the dispositive motions.\n\n25 If MineOne were really serious about wanting to\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 39 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MR. MURPHY 39\n\n\n\n 1 depose BCB's investor and members of members, it should have\n\n 2 sought those irrelevant depositions in January through July,\n\n 3 not in August or September, and it is too late to go fishing\n\n 4 for those irrelevant members. And the Court should never\n\n 5 grant another extension for that.\n\n 6 And -- and, Judge Johnson, that -- we talked about --\n\n 7 or Ms. Colbath talked about the Black Hills Energy document\n\n 8 subpoena. That is all a part of the August 16th motion to\n\n 9 quash those investor subpoenas and the BHE document subpoena.\n\n10 That has been fully briefed by both parties. Your Honor has\n\n11 that under advisement now -- I think as of today or\n\n12 yesterday -- not Judge Hambrick.\n\n13 And some curious things about the Black Hills Energy\n\n14 situation and the investors.\n\n15 With respect to the investors, MineOne's funding was\n\n16 a contractual obligation of MineOne. BCB had no contractual\n\n17 obligations for funding involving Black Hills power. Our\n\n18 funding, BCB's funding, is simply not an issue. The only\n\n19 funding that is at issue is MineOne's funding.\n\n20 And when I sent, back in December of '23, a subpoena\n\n21 to Black Hills Energy to submit the 15 different requests for\n\n22 proposals that Black Hills Energy received from all of the\n\n23 people vying for that electrical power -- which is, arguably,\n\n24 worth about $150 million to Black Hills Energy over a\n\n25 five-year period -- guess who objected to any of those\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 40 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MR. MURPHY 40\n\n\n\n 1 15 requests for proposal being produced. That would be\n\n 2 MineOne.\n\n 3 They filed their objection to it, and I agreed with\n\n 4 their objection, and I no longer pursued any of the\n\n 5 15 requests for proposal.\n\n 6 And now, last month, we see MineOne has changed its\n\n 7 colors. Now MineOne says, \"Oh, oh, the -- the -- BCB's\n\n 8 request for proposal to Black Hills Energy is suddenly\n\n 9 relevant\" when it hasn't been relevant for the last 10 months.\n\n10 And the truth is it isn't relevant and it hasn't been\n\n11 relevant and discovery with respect to it would just unduly\n\n12 burden some more people and lump more cost on the most\n\n13 contentious lawsuit I've ever heard of and ever hope to\n\n14 hear of.\n\n15 The . . . so I think we can say this to summarize:\n\n16 The Court has before it the investor -- MineOne's investor\n\n17 subpoena to CMV Global; it has under advisement and fully\n\n18 briefed the four members of member that live -- those\n\n19 gentlemen live in the four states I mentioned earlier, Ohio,\n\n20 Illinois, Tennessee, and Florida. It has under advisement,\n\n21 fully baked out, the reasons why it should quash the -- the\n\n22 subpoena to Black Hills Energy.\n\n23 I've reviewed with Your Honor the three big\n\n24 depositions -- the fact witness depositions -- that MineOne\n\n25 suddenly wants to take in September but never wanted to take\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 41 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MR. MURPHY 41\n\n\n\n 1 or sought to take when they should have, the past year while\n\n 2 discovery was running.\n\n 3 I shared with you why Sean Murphy has made himself\n\n 4 available to be deposed on September 30, but that invitation\n\n 5 has not been accepted by defense counsel.\n\n 6 And I shared with you why Randall and Neil Phippen --\n\n 7 the Court should not allow service of deposition subpoenas on\n\n 8 them by email and it certainly should not allow them to be\n\n 9 deposed after the September 30 deposition deadline.\n\n10 I feel like it's d\u00e9j\u00e0 vu all over again. I felt like\n\n11 I had this conversation with Judge Hambrick two weeks ago.\n\n12 And Judge Hambrick advised all of us on the call today that\n\n13 she had reached out to Your Honor and that Your Honor had said\n\n14 it would be okay if she extended the deposition discovery\n\n15 cutoff from September 17th to September 30th and that's -- and\n\n16 she did that.\n\n17 But she also advised us that she would not -- she did\n\n18 not have Your Honor's leave to extend the September 17th\n\n19 document discovery cutoff, and she left that in place.\n\n20 And then what happened thereafter is that MineOne\n\n21 wrote to all of us, saying it would take its depositions by\n\n22 September 30th and now -- and it recognized the September 17th\n\n23 discovery cutoff for document production, and it agreed with\n\n24 the extensions of the briefing deadlines.\n\n25 But now, today, I'm hearing them say they want to\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 42 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MR. MURPHY 42\n\n\n\n 1 undo both of those discovery deadlines and just keep them\n\n 2 going into October in addition to having extensions of time on\n\n 3 the briefing deadlines.\n\n 4 It's too burdensome. It's too costly. I cannot do\n\n 5 all of this. I cannot keep doing all of these depositions on\n\n 6 and on and on and then be expected to do a good job, like\n\n 7 I want to do, with all of the dispositive motion briefing.\n\n 8 The depositions of the important people should have\n\n 9 been taken by September 30th. They weren't, through no fault\n\n10 of BCB, through entirely MineOne's fault.\n\n11 And the depositions of the unneeded people -- like\n\n12 the members of member, the investor, and, certainly, the\n\n13 Bitmain Georgia -- they want to go depose Bitmain Georgia\n\n14 about our settlement. They want us to produce our settlement\n\n15 agreement -- all my negotiations with the -- the Bitmain\n\n16 lawyers leading up to that -- and about 15 categories of\n\n17 documents that, frankly, are -- are insanely irrelevant and\n\n18 should have been requested months ago.\n\n19 All the while -- all the while, MineOne won't produce\n\n20 one of its CFIUS communications at all. Remember how BCB --\n\n21 or how MineOne was telling you months ago that -- blaming BCB\n\n22 for not getting with CFIUS and not getting their prior\n\n23 approval and all of that?\n\n24 Well, now MineOne won't produce any of its CFIUS\n\n25 communications, won't produce any of its Antalpha\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 43 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MR. GOTTLIEB 43\n\n\n\n 1 communications, won't produce any of its CleanSpark\n\n 2 communications, won't produce any of its Republic Title of\n\n 3 Texas documents, and, yet, they want to extend the discovery\n\n 4 cutoff to hammer on all of our people.\n\n 5 Your Honor, to close, the Court knows we're going to\n\n 6 have heavy dispositive motion briefing. But MineOne wants to\n\n 7 jam BCB so badly at -- when we were already consumed with\n\n 8 stress, burdensome costs, and fishing expeditions -- so\n\n 9 I can't focus my time and BCB's time on the dispositive motion\n\n10 briefing.\n\n11 Any further extensions only help MineOne cure its\n\n12 delay after delay after delay, and they burden BCB with more\n\n13 cost, more time delays, more difficulties. Don't -- please\n\n14 don't give MineOne yet another grace -- and that's what I call\n\n15 it, and I don't choose that word lightly but another grace --\n\n16 especially since MineOne is at fault for the predicament it\n\n17 put itself in by not doing the needed discovery when it should\n\n18 have done. Don't give them more days, more subpoenas, and\n\n19 more depositions to impose themselves on BCB when I need to be\n\n20 briefing to Your Honor.\n\n21 Thank you, Judge Johnson.\n\n22 MR. GOTTLIEB: Your Honor, may I be heard on this.\n\n23 THE COURT: Sure. Absolutely, Mr. Gottlieb.\n\n24 MR. GOTTLIEB: I don't have as much skin in the game\n\n25 as -- as MineOne, but I am part of this, and I'm -- we're sort\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 44 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MR. GOTTLIEB 44\n\n\n\n 1 of working with MineOne because we're both defendants and we\n\n 2 have a commonality on certain issues.\n\n 3 But I've been a part of these meet and confers. And\n\n 4 I will say this: Mr. Murphy talks a very good game. He's\n\n 5 extremely polite, he's extremely soft-spoken, and he gives you\n\n 6 the impression that he's the victim here of everything, that\n\n 7 everything we've tried to do in this case is all wrong and\n\n 8 everything he's done is right.\n\n 9 It's just a gamesmanship all the way through. And\n\n10 I'll give you the best example of this.\n\n11 Judge Hambrick asked us to meet and confer -- she\n\n12 directed us to meet and confer on some of these issues, and we\n\n13 tried to do that.\n\n14 And when we got on the phone with all the counsel,\n\n15 Michael Murphy, Patrick Murphy's son, he took the lead on the\n\n16 meet and confer, which was completely improper. I objected to\n\n17 it. I told Patrick Murphy this is inappropriate, Paula\n\n18 Colbath told him this is inappropriate, and he wouldn't let it\n\n19 go. He wouldn't stop.\n\n20 Michael Murphy conducted the entire meet and confer.\n\n21 And when we were trying to get dates for depositions, it was\n\n22 virtually impossible.\n\n23 What Patrick doesn't tell you is the fact that when\n\n24 we tried to schedule depositions of certain principals of\n\n25 BCB -- including Mr. Emory, who Ms. Colbath was trying to\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 45 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MR. GOTTLIEB 45\n\n\n\n 1 depose since July and couldn't get any response, now we're\n\n 2 down to two weeks left to get this done in August -- less than\n\n 3 that, actually -- and we were told that he wasn't going to\n\n 4 produce his individual clients until -- and unless -- until we\n\n 5 did -- we agreed to produce Mr. Li.\n\n 6 By the way, MineOne never refused to produce Mr. Li.\n\n 7 They told him that they can't produce him for legal reasons\n\n 8 because he's in China. And until he gets his passport back\n\n 9 and can go to another state, another -- another country where\n\n10 he can be deposed, we would -- he would be deposed at that\n\n11 point in time. It was not a refusal. It was the law. And\n\n12 it's unfortunate.\n\n13 But Mr. Murphy said, \"Well, we're not going to\n\n14 produce our -- we're not going to produce our witnesses, then,\n\n15 until you get him on the calendar.\"\n\n16 And then when we asked when Mr. Murphy would be\n\n17 available, Michael Murphy, his response was \"I have to ask my\n\n18 father when I'm available,\" which is incredible.\n\n19 So Mr. -- Mr. Murphy waited until very recently to\n\n20 serve all of these myriad demands -- or his responses. Like\n\n21 Ms. Colbath said, 30,000 pages of documents. It's no wonder\n\n22 that depositions weren't done until all those documents were\n\n23 produced.\n\n24 Mr. Murphy never responded to you in his reply today\n\n25 about his having delivered 30,000 new pages of documents at\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 46 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MR. GOTTLIEB 46\n\n\n\n 1 the very last minute. And then he wonders why depositions\n\n 2 couldn't be held until recently.\n\n 3 By the way, we're all trying to get to the same\n\n 4 result. We just want a fair -- a fair process. It's -- it's\n\n 5 unbelievable to think that all these deposition subpoenas are\n\n 6 going out and nobody could be reached and that Mr. Murphy has\n\n 7 nothing to do with any of this.\n\n 8 This is what happened with -- with Mr. Desrochers\n\n 9 when they tried to serve him. There is interference going on\n\n10 behind the scenes.\n\n11 Another good example of this -- and it's one that we\n\n12 should get to eventually -- is his expert report. We finally\n\n13 got his expert report. And when we go to depose their\n\n14 expert -- remember, we only have one shot at this -- the\n\n15 expert testified that all his numbers were wrong, that a whole\n\n16 new report has to be amended, that his damages went from\n\n17 42 million to 15 million, but he wasn't -- he wasn't able to\n\n18 testify on all the individual aspects of why that happened.\n\n19 And now we -- we -- we'd want to get a new report.\n\n20 He's going to submit a brand-new report -- brand-new report --\n\n21 that we don't get to depose him on. This is all gamesmanship\n\n22 by Mr. Murphy, all of it.\n\n23 And I know he speaks very well; he's very articulate.\n\n24 I mean, the home -- he's got a home field advantage here. But\n\n25 I've got to tell you -- I've been watching this thing from the\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 47 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MR. GOTTLIEB 47\n\n\n\n 1 sidelines and participating where I need to and it's nonsense.\n\n 2 Plaintiff is -- is holding back on everything and\n\n 3 making life difficult. He decides -- Mr. Murphy decides for\n\n 4 himself what witnesses are relevant or not. He'll tell the\n\n 5 Court whether they're relevant or not and what we can look\n\n 6 into and what we can't look into and that's nonsense. He\n\n 7 doesn't get to decide which witnesses are available to us and\n\n 8 which aren't and which witnesses are relevant to the\n\n 9 defendants' case. He doesn't get to do that. We get to try\n\n10 our own case.\n\n11 And, by the way, when we asked him if we could extend\n\n12 the deadline for getting depositions without moving the trial\n\n13 date at all where there would be no prejudice to anybody, no\n\n14 prejudice -- it's not costing any more money to move\n\n15 depositions back a few weeks or to get some additional time to\n\n16 review things; there's no prejudice to plaintiff -- he just\n\n17 wants to make this as hard for us as possible.\n\n18 And I haven't seen any good faith effort to\n\n19 cooperate. On every meet and confer it's always \"No.\" When\n\n20 I asked Mr. Murphy \"Can you tell me what prejudice you're\n\n21 going to suffer if we were to move the deposition dates back\n\n22 and the dispositive motion dates back by a little bit\" -- and\n\n23 not touch the trial date -- he couldn't give me an answer.\n\n24 He just said, \"No, I'm not going to do it. I don't\n\n25 agree to it. I want to get this case to trial.\"\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 48 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 48\n\n\n\n 1 You know, he's looking at this pot of gold that's\n\n 2 just sitting there, and he thinks it's his money and he's\n\n 3 entitled to it, and he wants it today.\n\n 4 We're just trying to get a fair result here. That's\n\n 5 all. And, Your Honor, I --I agree with Ms. Colbath on all of\n\n 6 this, that I think there should be a little leeway given to us\n\n 7 because we're trying our best to get all this done on very\n\n 8 difficult circumstances.\n\n 9 I've -- I've spoken my mind. Thank you, Your Honor.\n\n10 MR. MURPHY: It just --\n\n11 MS. COLBATH: Sir, I don't want to belabor things --\n\n12 MR. MURPHY: I don't either but I --\n\n13 MS. COLBATH: -- but if it would benefit --\n\n14 MR. MURPHY: -- that -- I reject all of that.\n\n15 MS. COLBATH: -- if it would benefit the Court,\n\n16 I would like to address a couple of the points. I'll make it\n\n17 very short and brief.\n\n18 The three witnesses were subpoenaed for dates before\n\n19 September 30th. There was a representation made on the record\n\n20 before Magistrate Judge Hambrick -- because we anticipated\n\n21 that we could be in this situation -- that there would be\n\n22 absolutely no interference.\n\n23 It -- it -- it is just incredible that professionals\n\n24 who are working for -- and Mr. Murphy is right. For 15 days\n\n25 I've had process servers. I've said \"I need you to go during\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 49 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 49\n\n\n\n 1 the workday; please start at 7:30 in the morning, go back at\n\n 2 lunch, and then go in the evening. If you don't get them\n\n 3 during the week, please go back on Saturday.\"\n\n 4 We checked to make sure you could serve in some of\n\n 5 these states on Sundays. People are going three times a day,\n\n 6 no lights, nothing. And so this is full- -- all of this is\n\n 7 fully briefed.\n\n 8 We did take -- and those witnesses were on my July\n\n 9 list. They were on my August list. They were on my September\n\n10 list.\n\n11 It wasn't until Judge Hambrick said \"Come in with\n\n12 dates\" that, out of the blue, drops from the sky -- Mr. Murphy\n\n13 says, \"Oh, these people that I've told you all along you have\n\n14 to schedule through me, as of -- as of this morning, I --\n\n15 I don't control them anymore.\"\n\n16 As to Sean Murphy, I -- I did send the process\n\n17 server. I've emailed the subpoena to all these three\n\n18 witnesses; I've asked them to confirm receipt, tell me if\n\n19 they're represented by counsel, \"Would you accept service by\n\n20 email?\" All my emails go into a black hole.\n\n21 The -- Tuesday night at 7:50 I got an email from\n\n22 Sean Murphy agreeing to a date where we already have another\n\n23 deposition. I cannot be in two places at once. We have Emory\n\n24 Patterson going forward.\n\n25 And the only date that Mr. Sean Murphy -- who was\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 50 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 50\n\n\n\n 1 just in South Carolina, and I feel very badly for his personal\n\n 2 situation. But when Mr. Murphy says I could have taken it in\n\n 3 July -- I wanted to. I was actually the only one who offered\n\n 4 up a date before September 1 for a deposition, and Mr. Murphy\n\n 5 didn't take me up on the deposition that he's going to take\n\n 6 tomorrow.\n\n 7 So it -- he can't say it's totally my fault,\n\n 8 I created this predicament. I actually was the only one\n\n 9 trying -- very deliberately, intentionally, and repeatedly --\n\n10 to get counsel on the line to give me dates for the people\n\n11 that I listed.\n\n12 So Sean Murphy -- I'm happy to take him. He can find\n\n13 some time next week. We've spent a fortune trying to serve\n\n14 those three witnesses. He -- he can find a time next Friday;\n\n15 some -- some date can be agreed upon for him.\n\n16 Phippen and Mr. Randall should have been produced by\n\n17 Mr. Murphy. He controls them. He says, \"Oh, Mr. Randall left\n\n18 the job in March of 2023.\"\n\n19 Well, Your Honor, when you decided the attachment\n\n20 motion, you had before you a lengthy affidavit submitted by\n\n21 Mr. Patrick Murphy from Stephen Randall. And so you can't\n\n22 leave -- you know, you had control of him; you did an\n\n23 affidavit; you were in touch.\n\n24 And he says \"I haven't spoken to any of these\n\n25 people.\" Well, as of a few months ago, you were submitting\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 51 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 51\n\n\n\n 1 affidavits on their behalf.\n\n 2 And it literally wasn't until Judge Hambrick said\n\n 3 \"I want you to do something on a Friday\" and -- we -- I get\n\n 4 it, after -- the end of business.\n\n 5 And I'm like \"I can't believe this. They're actually\n\n 6 now going to take the position overnight that they don't\n\n 7 control these people\" -- that have been on my witness list,\n\n 8 that are in their initial disclosures as being under the\n\n 9 control -- as of today Randall is still listed in the initial\n\n10 disclosures as \"I need to contact Mr. Murphy.\"\n\n11 The only change was this week -- this week -- he's\n\n12 just served me with amended initial disclosures that address\n\n13 Mr. Phippen.\n\n14 So, Your Honor, all of this -- this -- we have done\n\n15 the best we can to -- to serve subpoenas. We should have\n\n16 never been put in that position. These people were always --\n\n17 they remain under the control of this plaintiff.\n\n18 I understand their business stopped in March of 2023.\n\n19 That doesn't mean, if Mr. Murphy picks up the phone and\n\n20 says, \"Neil, they need your deposition; could you give me\n\n21 three dates in the month of September or first two weeks in\n\n22 October\" -- he would cooperate. He's still -- remains a\n\n23 member of BCB. He's going to share in the outcome here if\n\n24 there is any for BCB.\n\n25 So -- so this is absolutely not a situation of\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 52 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 52\n\n\n\n 1 MineOne sitting on their hands and not doing what was\n\n 2 required. I can only write so many letters and demand that we\n\n 3 all -- and then finally, out of frustration, write to the\n\n 4 Magistrate Judge -- never had to do this to schedule\n\n 5 depositions, I don't think, in any case I've ever been\n\n 6 involved in in over 30 years -- write to my Judge to say\n\n 7 \"I can't get the people on the line; I'm going to need your\n\n 8 help in getting depositions set.\"\n\n 9 And she demanded -- \"I want everyone's schedule;\n\n10 I want to know who your witnesses are.\" I complied.\n\n11 I submitted everything.\n\n12 I showed up at a meet and confer and -- a three-hour\n\n13 one -- and Mr. Murphy said \"I don't have any dates. And\n\n14 Emory Patterson is out of the country. He won't be back until\n\n15 the day the discovery deadline ends.\" I mean, this is -- this\n\n16 is what we face.\n\n17 So it's fair here to get the depositions that are\n\n18 essential done. I can document I've been trying repeatedly\n\n19 since July. These are not new names. And, you know, if -- if\n\n20 people are -- are not -- not home for two weeks -- you know,\n\n21 I leave it to Your Honor whether you think that -- that\n\n22 someone was notified to maybe make themselves scarce because\n\n23 people generally return to their home after two weeks. These\n\n24 are -- these are working individuals, and they are just\n\n25 nowhere to be found.\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 53 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MR. MURPHY 53\n\n\n\n 1 I want to address one subpoena that -- Mr. Murphy has\n\n 2 been -- said that my client controls a witness by the name of\n\n 3 Huaili Zhang and another witness by the name of Chong Wang.\n\n 4 We have repeatedly told him we don't control those\n\n 5 individuals. Ultimately, because it just became a repeated\n\n 6 narrative from -- from Mr. Murphy every time he wrote to the\n\n 7 Court -- I said \"You know what? I'm going to facilitate\n\n 8 getting Huaili Zhang's deposition.\"\n\n 9 I have served a subpoena on Huaili Zhang,\n\n10 JWJ Technologies, a Georgia LLC. And so why Mr. Murphy at\n\n11 this point -- since he has been harping for months that he\n\n12 wants that individual, I said \"Here's his contact information;\n\n13 this is his last-known address; this is who he works for; you\n\n14 can readily serve a subpoena.\"\n\n15 He didn't. I finally said \"I've got to take this off\n\n16 the table. I'll subpoena him; I'll get the documents; I'll\n\n17 take his deposition.\" So Mr. Zhang is -- is available and\n\n18 where -- we anticipate getting documents.\n\n19 MR. MURPHY: If it please the Court -- or maybe it\n\n20 doesn't please the Court. You've had a long day.\n\n21 But I reject everything that Marc Gottlieb just\n\n22 represented to the Court.\n\n23 Sorry, Marc.\n\n24 MR. GOTTLIEB: Michael didn't get on the phone and\n\n25 conduct the meet and confer, Patrick? That didn't happen?\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 54 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MS. COLBATH 54\n\n\n\n 1 MR. MURPHY: He did -- he was on the phone, and he\n\n 2 did not conduct the meet and confer. You know it.\n\n 3 MR. GOTTLIEB: That's not true --\n\n 4 MR. MURPHY: He asked -- he asked Paula Colbath --\n\n 5 (Simultaneous speaking.)\n\n 6 (Reporter seeks clarification.)\n\n 7 MR. GOTTLIEB: Everybody else was there and they can\n\n 8 attest to this.\n\n 9 And you know that that's not true.\n\n10 THE COURT: Is Michael on with you now, Patrick?\n\n11 MR. MURPHY: I'm sorry?\n\n12 THE COURT: Is Michael with you now?\n\n13 MR. MURPHY: No. When -- no, he's not. He's down in\n\n14 Denver.\n\n15 MS. COLBATH: Might I add on that point that Judge\n\n16 Hambrick issued an order, Your Honor, dated September 9,\n\n17 2024 -- and because Mr. Michael Murphy's presence made the\n\n18 meet and confer -- I can -- brutal, counterproductive,\n\n19 unprofessional.\n\n20 When we raised what exactly took place in detail with\n\n21 her, she issued an order on 9/9/2024 that states in\n\n22 paragraph 5 -- this is how serious she took the issue and what\n\n23 had taken place -- \"And that counsel, dash, not individual\n\n24 agents, officers, or the like of the parties, dash, are the\n\n25 only participants in any and all future meet and confers.\"\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 55 of 57\n\n 23-CV-00079-ABJ ARGUMENT BY MR. MURPHY 55\n\n\n\n 1 She felt the need to issue a court order. It had\n\n 2 been so destructive to have Mr. Michael Murphy on, and that's\n\n 3 why the meet and confer lasted three hours.\n\n 4 MR. MURPHY: So incorrect. It was unprofessional\n\n 5 because of Ms. Colbath and her yelling and her refusal to tell\n\n 6 us what we all knew, and that's that Jiaming Li has a Chinese\n\n 7 passport and could have traveled to Hong Kong to give his\n\n 8 deposition. But she would never answer Michael Murphy's\n\n 9 question about that. I had to write a letter addressing\n\n10 Ms. Colbath's professionalism after that meet and confer.\n\n11 MR. GOTTLIEB: You just acknowledged that Pat -- that\n\n12 Michael Murphy was participating in this call, just there.\n\n13 MR. MURPHY: Of course I did. I've never denied\n\n14 that.\n\n15 It's just when you say, Mr. Gottlieb, that he\n\n16 conducted the entire meet and confer and that he was the\n\n17 problem, that's what I reject.\n\n18 MR. GOTTLIEB: He did. And that was true. And\n\n19 that's exactly what happened.\n\n20 And I stand by it and I'm an officer of the Court.\n\n21 MR. MURPHY: We all are.\n\n22 Enough is enough.\n\n23 THE COURT: The Court will enter its order. I'm not\n\n24 sure just what I'm going to say yet.\n\n25 Thank you.\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 56 of 57\n\n 23-CV-00079-ABJ 56\n\n\n\n 1 MS. COLBATH: Thank you, Your Honor.\n\n 2 THE COURT: But you might be thinking about how\n\n 3 I introduced -- introduced this case. I think today would be\n\n 4 a good illustration of -- of where this case is headed.\n\n 5 And, frankly, after the hearings that I've had --\n\n 6 and, I'm sure, the ones that Mark Carman had and I'm sure it's\n\n 7 continuing with Stephanie Hambrick -- the Court certainly is\n\n 8 no more in control of any of the facts of this case in terms\n\n 9 of understanding than the first day that the case was filed\n\n10 and is represented by the -- the pleadings that appear in the\n\n11 file.\n\n12 But that's not surprising because we are still very\n\n13 much engaged in the issues of everybody trying to find out\n\n14 what this case is about.\n\n15 Thank you for your patience. We'll stand in recess.\n\n16 MR. GOTTLIEB: Thank you, Your Honor.\n\n17 MS. COLBATH: Thank you, Your Honor.\n\n18 MR. MURPHY: Thank you, Judge.\n\n19 (Proceedings adjourned at 4:53 p.m., September 26, 2024.)\n\n20\n\n21\n\n22\n\n23\n\n24\n\n25\n\n\n Melanie Sonntag, RDR, CRR, CRC MelanieSonntagCRR@gmail.com\n\fCase 1:23-cv-00079-ABJ Document 376 Filed 09/30/24 Page 57 of 57\n\n\n\n\n 1 C E R T I F I C A T E\n\n 2\n\n 3\n\n 4\n\n 5 I, MELANIE HUMPHREY-SONNTAG, Federal Official Court\n\n 6 Reporter for the United States District Court for the District\n\n 7 of Wyoming, a Registered Diplomate Reporter, Certified\n\n 8 Realtime Reporter, and Certified Realtime Captioner, do hereby\n\n 9 certify that I reported by realtime stenography the foregoing\n\n10 proceedings contained herein on the aforementioned subject on\n\n11 the date herein set forth and that the foregoing pages\n\n12 constitute a full, true, and correct transcript.\n\n13\n\n14 Dated this 30th day of September, 2024.\n\n15\n\n16\n\n17\n\n18 /s/ Melanie Humphrey- Sonntag\n19\n\n20 MELANIE HUMPHREY-SONNTAG\n RDR, CRR, CRC\n21 Federal Official Court Reporter\n\n22\n\n23\n\n24\n\n25\n\f","ocr_status":2,"date_upload":"2025-01-17T10:14:41.498392-08:00","document_number":"376","attachment_number":null,"pacer_doc_id":"20702484952","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Transcript","acms_document_guid":""}],"date_created":"2024-09-30T08:16:26.452493-07:00","date_modified":"2025-09-23T09:32:31.144852-07:00","date_filed":"2024-09-30","time_filed":"08:19:08","entry_number":376,"recap_sequence_number":"2024-09-30.001","pacer_sequence_number":1241,"description":"NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion to Amend Scheduling Order Proceedings held on 9/26/2024 before Judge Alan B. Johnson. To purchase a copy of this transcript, please contact Court Reporter Melanie Sonntag, phone (307)433-2169 or email MelanieSonntagCRR@gmail.com. A party must file a Notice of Intent to Request Redaction within 7 calendar days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made available electronically without redaction. Notice of Intent to Redact due 10/7/2024. Notice of Redaction Request due 10/21/2024. Redacted Transcript Deadline set for 10/31/2024. Release of Transcript Restriction set for 12/30/2024. (Humphrey-Sonntag, Melanie) (Entered: 09/30/2024)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/403501237/","id":403501237,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67320886/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/413682800/","id":413682800,"tags":[],"absolute_url":"/docket/67320886/375/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-09-26T18:18:42.189160-07:00","date_modified":"2025-09-23T09:32:31.123803-07:00","sha1":"180763e512ec24086ffeb34ecf3d4aa17189613a","page_count":8,"file_size":175437,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.375.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.375.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 1:23-cv-00079-ABJ Document 375 Filed 09/26/24 Page 1 of 8\n\n\n\n\nPatrick J. Murphy, WSB No. 7-1779\nScott C. Murray, WSB No. 7-4896\nWILLIAMS, PORTER, DAY & NEVILLE, P.C.\n159 N. Wolcott, Ste. 400\nP.O. Box 10700 (82602)\nCasper, WY 82601\nEmail: pmurphy@wpdn.net\n smurray@wpdn.net\n\n IN THE UNITED STATES DISTRICT COURT\n\n FOR THE DISTRICT OF WYOMING\n\nBCB CHEYENNE LLC d/b/a BISON )\nBLOCKCHAIN, a Wyoming limited liability )\nCompany, )\n )\n Plaintiff, )\n )\nv. ) Civil No. 23-CV-79\n )\nMINEONE WYOMING DATA CENTER, )\nLLC, a Delaware limited liability company; )\nMINEONE PARTNERS LLC, a Delaware )\nlimited liability company; TERRA CRYPTO )\nINC., a Delaware corporation; BIT ORIGIN, )\nLTD, a Cayman Island Company; )\nSONICHASH LLC, a Delaware limited )\nliability company; BITMAIN )\nTECHNOLOGIES HOLDING COMPANY, )\nA Cayman Island Company; BITMAIN )\nTECHNOLOGIES GEORGIA LIMITED, )\na Georgia corporation; and JOHN DOES 1-18, )\nrelated persons and companies who control )\nor direct some or all of the named Defendants, )\n )\n Defendants. )\n\n\n PLAINTIFF BCB CHEYENNE LLC\u2019S REPLY TO DEFENDANT\u2019S OPPOSITION TO\n PLAINTIFF\u2019S THIRD MOTION FOR SANCTIONS AGAINST DEFENDANT MINEONE\n WYOMING DATA CENTER LLC\n\n\n COMES NOW Plaintiff BCB Cheyenne LLC (\u201cBCB\u201d), through its counsel, Patrick Murphy,\n\nand hereby submits its Reply to Defendant MineOne Wyoming Data Center LLC\u2019s (\u201cMineOne\u201d),\n\f Case 1:23-cv-00079-ABJ Document 375 Filed 09/26/24 Page 2 of 8\n\n\n\n\n9/19/24 Opposition To Plaintiff\u2019s Third Motion For Sanctions Against Defendant MineOne.\n\n I. PRELIMINARY STATEMENT\n\n MineOne is in a serious pickle. In May 2024, MineOne and Dr. Erick Rengifo made numerous\n\nrepresentations to the Court about MineOne\u2019s alleged related party lenders (to oppose BCB\u2019s Motion\n\nfor the Writs and in support of MineOne\u2019s later Motion to increase the amount of the bond securing\n\nthe Writs), but MineOne has not been able to provide, among other things, drafts of the loan\n\ndocuments, and in some cases, the actual final/signed loan documents (which, if they existed, would\n\nhave been located in a good faith search, which MineOne purports to have done, particularly given\n\nthe amounts in question and the importance of these documents to support MineOne\u2019s claims it has\n\nother alleged creditors ahead of BCB). MineOne claims to have produced \u201cover 36,600 pages of\n\ndocuments\u201d (many of which, BCB observes, are irrelevant), but for some reason, MineOne can not\n\nlocate drafts of the critical loan documents, and in some cases, the actual final/signed loan documents\n\nrepresenting alleged loans in the millions of dollars. And MineOne cannot locate critical\n\ncommunications between MineOne and its related party alleged lenders to substantiate the\n\nauthenticity of the alleged loans, specifically if/when those alleged loan agreements were actually\n\nsigned. Does MineOne really expect BCB and this Court to believe none of the documents and\n\ncommunications identified in Section 9a of BCB\u2019s Third Motion for Sanctions [ECF 338] could be\n\nlocated? If MineOne is telling the truth (i.e., the alleged loans are real and the terms/timing are as\n\ndescribed by MineOne, MineOne\u2019s third party e-discovery vendor searched for and obtained\n\ndocuments, and MineOne\u2019s counsel could not find the critical information that has not yet been\n\nproduced), this would suggest (a) MineOne\u2019s custodians have spoliated evidence (which would be\n\nsanctionable) or (b) MineOne\u2019s third party e-discovery vendor failed to locate this information (which\n\ncertainly draws into question the thoroughness of this vendor\u2019s work and how much additional\n\nrelevant information it failed to locate on other matters in this case). And if MineOne isn\u2019t telling the\n\n\n Page 1\n\f Case 1:23-cv-00079-ABJ Document 375 Filed 09/26/24 Page 3 of 8\n\n\n\n\ntruth (i.e., the alleged loans are not real or the terms/timing are not as MineOne has described), then\n\nMineOne has made material misrepresentations to this Court in MineOne\u2019s attempt to defraud BCB\n\n(through MineOne\u2019s opposition of the Writs). None of this is good for MineOne.\n\n II. ARGUMENT AND REBUTTAL\n\n A. MineOne\u2019s Feigned Compliance with - and Obvious Violation of - Judge\n Carman\u2019s Order to Produce Documents and Communications.\n\n MineOne glosses over its violation of Judge Carman\u2019s 8/9/24 Order by pointing out how it\n\noriginally produced \u201cover 1000 pages of unredacted Skypes\u201d [ECF 363] (most of which had already\n\nbeen produced, but with redactions) in August and then \u201can additional 120 pages of documents1\u201d on\n\nSeptember 17. But nowhere in these \u201csmoke and mirrors\u201d productions are the critical documents \u2013\n\nthat BCB identified in Section 9a of its Third Motion for Sanctions Against MineOne \u2013 that would\n\nsubstantiate the alleged related party loans specifically referenced in Dr. Rengifo\u2019s May 24, 2024\n\nDeclaration. Why is that? Do those loan documents, and the drafts thereof, simply not exist? Is\n\nMineOne withholding them? Did MineOne spoliate them? Did MineOne\u2019s e-discovery vendor do a\n\npoor job of collecting evidence and miss them, along with other critical evidence BCB is unaware of?\n\nWith so many questions, and no substantive explanation/evidence from MineOne, this Court is left to\n\ndraw its own conclusions, none of which paint MineOne in a positive light.\n\n B. MineOne\u2019s Excuses for There Being No Draft Loan Agreements or\n Communications with Draft Loan Documents are Not Believable.\n\n MineOne\u2019s counsel states its review did not reveal any drafts of the highly critical loan\n\ndocuments because, according to MineOne, \u201c...the negotiations relating to the loans were conducted\n\neither in person or via Zoom and that the MineOne Defendants prepared the loan agreements\n\n\n1\n MineOne doesn\u2019t even know what it produced: MineOne did not produce \u201can additional 120 pages\n of documents to BCB\u201d on September 17. MineOne produced over 370 documents with over 2,500\n pages, but amazingly, none of these documents were the highly relevant loan documents, or drafts\n of loan documents, that would substantiate the alleged related party loans referenced in Dr.\n Rengifo\u2019s Declaration, and which Judge Carman ordered MineOne to produce.\n\n Page 2\n\f Case 1:23-cv-00079-ABJ Document 375 Filed 09/26/24 Page 4 of 8\n\n\n\n\nthemselves.\u201d Indeed, negotiations regarding documents can take place in person or via Zoom, but this\n\ndoes not explain why there are not any drafts of these documents, or any electronic transmissions of\n\nthese documents between the related counterparties to facilitate the digital signing of the documents.\n\nDoes MineOne really think BCB and this Court will believe that MineOne drafted, negotiated, and\n\nsigned not just one transaction document, but at least nine transaction documents2, without there\n\nbeing a single draft document or draft transmittal email to substantiate these alleged transactions?\n\nMineOne used, and is still using, these now proven fake loans \u2013 this dubious camouflaged equity \u2013 to\n\nsupport its arguments before this Court.\n\n C. BCB Did Not Make Any Intentional Misrepresentations and Should Not be\n Subject to Sanctions.\n\n MineOne alleges BCB made numerous intentional misrepresentations, and then lists those\n\nalleged intentional misrepresentations, but none of BCB\u2019s assertions were intentional\n\nmisrepresentations. When MineOne failed to produce so many of the documents it was ordered to\n\nproduce by Judge Carman, the silence was deafening. How could MineOne fail to produce so much\n\nordered information without providing any meaningful explanation? BCB stands by its claim that\n\nMineOne should have proactively explained why it did not comply with Judge Carman\u2019s order (since\n\nthe documents MineOne failed to produce were used as the basis of its argument to oppose BCB\u2019s\n\nmotion for the Writs and are now being used as the basis of its argument to support the increase in the\n\nbond amount).\n\n D. CPA Michael Murphy\u2019s Affidavit is Based on His Personal Audit of MineOne\u2019s\n Produced Documents; It Should NOT Be Stricken or Disregarded.\n\n One of MineOne\u2019s favorite angles is attacking Michael Murphy, a credible fact witness, and an\n\n2\n These documents include, but are not limited to, the (1) 2022 Terra Bridge Loan, (2) 2022 Terra\nLease Agreement (aka Purchase Agreement), (3) May 2023 MineOne Member Loan Agreements,\n(4) 2023-2024 BitGeek funding and/or invoice payments, (5) 2023-2024 IIC funding and/or invoice\npayments, (6) 2024 Terra Repurchase and Debt Conversion Agreement, (7) April 2024 MineOne\nMember Loan Agreement, (8) April 2024 BitGeek Loan Agreement, and (9) April 2024 IIC Loan\nAgreement.\n\n Page 3\n\f Case 1:23-cv-00079-ABJ Document 375 Filed 09/26/24 Page 5 of 8\n\n\n\n\n18+ year licensed Certified Public Accountant (with audit experience). In requesting the Court to\n\nstrike/disregard Michael Murphy\u2019s September 6 Affidavit, MineOne employs many of the same\n\nmistaken arguments it previously used in its attempt to strike Michael Murphy\u2019s September 11\n\nAffidavit [see ECF 353], which BCB thoroughly rebutted in BCB\u2019s Response [ECF 370].\n\n First, MineOne reminds the Court that Michael Murphy\u2019s June 24, 2024 \u201cWrits Affidavit\u201d was\n\nstricken - which it was - but MineOne fails to say why it was stricken (which was because it was not\n\ntimely filed for consideration at the June 26th Evidentiary Hearing). MineOne fails to appreciate\n\nmany of Michael Murphy\u2019s observations and assertions in his Writs Affidavit are also in his July 22,\n\n2024 Bond Amount Affidavit, and the Bond Amount Affidavit has not been stricken and that\n\ntestimony is before this Court.\n\n Second, MineOne claims that Michael Murphy\u2019s Affidavit is \u201cbased on unsupported assertions\n\nand rank speculation\u201d and that he \u201cassumes [certain documents] exist and were improperly withheld.\u201d\n\n[ECF 363 p. 8]. Of course Michael Murphy assumes that certain documents existed. Erick Rengifo\n\nreferenced those documents in his 5/24/24 Declaration. Is MineOne saying Michael Murphy was\n\nwrong to rely on Erick Rengifo\u2019s Declaration, and that the documents don\u2019t actually exist? And so\n\nhere we are, back at the pickle MineOne is faced with: either the documents exist (and MineOne\n\nfailed to produce them), or the documents don\u2019t exist, or they do not show what MineOne says they\n\nshow (and MineOne misled the Court in opposing BCB\u2019s motion for the writs and in MineOne\u2019s\n\nmotion to increase the bond amounts). Which is it?\n\n Michael Murphy\u2019s Affidavit is based on his personal audit of MineOne\u2019s documents produced\n\nin response to Judge Carman\u2019s order. His assertions are supported based on evidence, including the\n\nAudit Log he personally created (after auditing MineOne\u2019s production) and attached to his Affidavit.\n\n Third, MineOne should be admonished for misrepresenting to the Court what took place on\n\nthe August 29 deposition scheduling meet-and-confer. Michael Murphy was courteous and\n\n\n Page 4\n\f Case 1:23-cv-00079-ABJ Document 375 Filed 09/26/24 Page 6 of 8\n\n\n\n\nrespectful, and he did not hinder the meet-and-confer (whereas Ms. Colbath was argumentative and\n\ndisrespectful to Michael Murphy and BCB counsel, Patrick Murphy). At numerous times, Ms.\n\nColbath resorted to yelling and harassing the Murphys requiring co-Defense counsel, Mark Gottlieb,\n\nto interject to appeal to Ms. Colbath to be professional and civil. Michael Murphy provided important\n\ninsight and firsthand facts about the Chinese individuals BCB was seeking to depose.\n\n III. CONCLUSION\n\n MineOne has been smoked out. MineOne is either intentionally withholding critical\n\ndocuments it was ordered to produce, or these critical loan documents that MineOne used as the basis\n\nfor its Writs arguments at the 6/26/24 Evidentiary Hearing (and now in its pending motion to increase\n\nthe bond amount) \u2014 and cited throughout Erick Rengifo\u2019s Declaration \u2013 simply do not exist. If BCB\n\nand the Court are to believe MineOne\u2019s lead counsel, Ms. Colbath, in her 9/19/24 Declaration, it is\n\nclear the so-called loan documents underlying so many of MineOne\u2019s arguments do not exist, and\n\nmany of those that do exist were ill-conceived and ill-executed with Drs. Rengifo and/or Li signing\n\nand counter-signing on behalf of numerous alter ego Defendants and/or related parties.\n\n For the reasons in BCB\u2019s First Motion for Sanctions and Second Motion for Sanctions, and for\n\nthe fraudulent and contumacious misconduct demonstrated in BCB\u2019s Third Motion for Sanctions\n\n[ECF 363], Michael Murphy\u2019s September 6 Affidavit [ECF 363-1], and this Reply, MineOne should\n\nbe sanctioned. Fraud vitiates everything it touches\u2014and nowhere is that more true than here where\n\nMineOne ultimately tried to run off to China with millions of dollars and effectively steal all the value\n\nBCB worked so hard to create and develop.\n\n BCB respectfully requests the Court enter the sanction of default on MineOne\u2019s defense to\n\nBCB\u2019s First Amended Complaint; it should dismiss with prejudice MineOne\u2019s three Counterclaims; it\n\nshould award BCB its attorney fees; and it should award such other relief as the Court, in its wisdom,\n\ndeems warranted.\n\n\n Page 5\n\f Case 1:23-cv-00079-ABJ Document 375 Filed 09/26/24 Page 7 of 8\n\n\n\n\n DATED this 26th day of September, 2024.\n\n\n\n BCB CHEYENNE LLC d/b/a\n BISON BLOCKCHAIN, Plaintiff\n\n By: /s/ Patrick J. Murphy\n Patrick J. Murphy (WSB No. 5-1779)\n Scott C. Murray (WSB No. 7-4896)\n Williams, Porter, Day & Neville, PC\n 159 N Wolcott St. Suite 400\n Casper, WY 82601\n Ph: (307) 265-0700\n pmurphy@wpdn.net\n smurray@wpdn.net\n\n\n\n CERTIFICATE OF SERVICE\n\n The undersigned does hereby certify that a true and correct copy of the foregoing document\nwas delivered to the Court via the CM/ECF System and served upon counsel via CM/ECF\nelectronic transmission this 26th day of September, 2024.\n\n Sean M. Larson, WSB No. 7-5112 [ ] U. S. Mail (prepaid)\n Kari Hartman, WSB No. 8-6507 [x] CM/ECF Electronic Transmission\n HATHAWAY & KUNZ, LLP [ ] Overnight Delivery\n P.O. Box 1208 [ ] Hand Delivery\n Cheyenne, WY 82001 [ ] Electronic Mail\n slarson@hkwyolaw.com\n khartman@hkwyolaw.com\n\n Paula Colbath, Pro Hac Vice [ ] U. S. Mail (prepaid)\n Alex Inman, Pro Hac Vice [x] CM/ECF Electronic Transmission\n David Forrest, Pro Hac Vice [ ] Overnight Delivery\n Leily Lashkari, Pro Hac Vice [ ] Hand Delivery\n LOEB & LOEB LLP [ ] Electronic Mail\n 345 Park Avenue New York, NY 10154\n pcolbath@loeb.com\n ainman@loeb.com\n dforrest@loeb.com\n llashkari@loeb.com\n\n\n\n Page 6\n\f Case 1:23-cv-00079-ABJ Document 375 Filed 09/26/24 Page 8 of 8\n\n\n\n\nMeggan J. Hathaway [ ] U. S. Mail (prepaid)\nJane M. France [x] CM/ECF Electronic Transmission\nSUNDAHL, POWERS, KAPP & MARTIN, LLC [ ] Overnight Delivery\n500 W. 18th Street, Ste. 200 [ ] Hand Delivery\nCheyenne, WY 82003 [ ] Electronic Mail\nmhathaway@spkm.org\njfrance@spkm.org\n\nMarc S. Gottlieb [ ] U. S. Mail (prepaid)\nORTOLI ROSENSTADT, LLP. [x] CM/ECF Electronic Transmission\n366 Madison Avenue, 3rd Floor [ ] Overnight Delivery\nNew York, NY 10017 [ ] Hand Delivery\nTelephone: (212) 588-0022 [ ] Electronic Mail\nFacsimile: (866) 294-0074\nEmail: msg@orllp.legal\n\n\n /s/ Patrick J. Murphy\n Patrick J. Murphy\n\n\n\n\n Page 7\n\f","ocr_status":2,"date_upload":"2025-01-17T10:14:57.378918-08:00","document_number":"375","attachment_number":null,"pacer_doc_id":"20702484498","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Reply to Response","acms_document_guid":""}],"date_created":"2024-09-26T18:18:42.172945-07:00","date_modified":"2025-09-23T09:32:31.096580-07:00","date_filed":"2024-09-26","time_filed":"18:42:06","entry_number":375,"recap_sequence_number":"2024-09-26.003","pacer_sequence_number":1238,"description":"REPLY to 363 Memorandum in Opposition to Motion filed by Plaintiff BCB Cheyenne LLC. (Murphy, Patrick) (Entered: 09/26/2024)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/403494490/","id":403494490,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67320886/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/413674825/","id":413674825,"tags":[],"absolute_url":"/docket/67320886/374/bcb-cheyenne-llc-v-mineone-wyoming-data-center-llc/","date_created":"2024-09-26T16:19:27.276372-07:00","date_modified":"2025-09-23T09:32:31.074638-07:00","sha1":"081fe0e8d19a918f14f70673834a517f04b5b897","page_count":1,"file_size":124263,"filepath_local":"recap/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.374.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.wyd.63456/gov.uscourts.wyd.63456.374.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 1:23-cv-00079-ABJ Document 374 Filed 09/26/24 Page 1 of 1\n FILED\n\n\n\n\n UNITED STATES DISTRICT COURT\n FOR THE DISTRICT OF WYOMING 5:02 pm, 9/26/24\n\n Margaret Botkins\n Clerk of Court\n\n\n\nBCB Cheyenne LLC\n Plaintiff,\nvs. Case Number: 1:23-CV-00079-ABJ\nMineOne Wyoming Data Center LLC et al\n Defendants.\n CIVIL MINUTE SHEET - MOTION HEARING\nDate: Sep 26, 2024 Time: 3:22pm - 4:53pm\n\n Alan B. Johnson Becky Harris Melanie Sonntag Ani Zotti\n Judge Clerk Reporter Law Clerk\n\nAttorney(s) for Plaintiff(s) Pat Murphy\n Paula Colbath, Sean Larson, Kari Hartman, David Forrest\nAttorney(s) for Defendant(s)\n Marc Gottlieb, Meggan Hathaway\nWitness(es) for Plaintiff(s)\n\nWitness(es) for Defendant(s)\n Pltf/Dft Doc # Motion to/for Disposition\nDefendant 344 Motion to Modify the Scheduling Order Under Advisement\n\n Briefs to be filed on or before by\n by\n Order to be prepared by Court Attorney\nOther:\nHearing held by Zoom video conference.\nThe Court addressed the attorneys.\nThe Court heard from Ms. Colbath, Mr. Murphy and Mr. Gottlieb.\nThe Court will enter an order.\n\n\n\n\nWY15 Rev. 09/18/2024\n\f","ocr_status":2,"date_upload":"2025-01-17T10:15:05.519345-08:00","document_number":"374","attachment_number":null,"pacer_doc_id":"20702484481","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Motion Hearing","acms_document_guid":""}],"date_created":"2024-09-26T16:19:27.250704-07:00","date_modified":"2025-09-23T09:32:31.047835-07:00","date_filed":"2024-09-26","time_filed":"17:05:31","entry_number":374,"recap_sequence_number":"2024-09-26.002","pacer_sequence_number":1232,"description":"MINUTES for proceedings held before Honorable Alan B. Johnson: Motion Hearing held on 9/26/2024 re 344 Motion to Amend Scheduling Order (Court Reporter: Melanie Sonntag) (Court Staff, sbh) (Entered: 09/26/2024)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/403410733/","id":403410733,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67320886/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/413560535/","id":413560535,"tags":[],"absolute_url":"","date_created":"2024-09-26T08:16:55.598504-07:00","date_modified":"2025-09-23T09:32:31.023450-07:00","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":"Motions No Longer Referred","acms_document_guid":""}],"date_created":"2024-09-26T08:16:55.591517-07:00","date_modified":"2025-09-23T09:32:30.999659-07:00","date_filed":"2024-09-26","time_filed":"08:50:48","entry_number":null,"recap_sequence_number":"2024-09-26.001","pacer_sequence_number":null,"description":"Motions No Longer Referred: 366 MOTION to Compel Discovery from Plaintiff, MOTION for Sanctions and MOTION for Alternative Service of Subpoenas (Court Staff, ssw) Modified text on 9/26/2024 (Court Staff, sbh).","tags":[]}],"entries_total":"https://www.courtlistener.com/api/rest/v4/docket-entries/?count=on&docket=67320886&page_size=40"}