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

Case 1:23-cv-00079-ABJ   Document 384-4   Filed 10/07/24   Page 1 of 6


  EXHIBIT D


          Case 1:23-cv-00079-ABJ             Document 384-4         Filed 10/07/24   Page 2 of 6

                                                                                                  Patrick 3. Murphy
                                                                                                    P.O. Box 10Th0
                                                                               1S9 N. Wolcott Sr. Suite *00(82601)
                                                                                                Casper. WY 82602
Wit LIAMS. PORTER, DAY & NEVILL                                                               prnurphytawpdn.net
         Wyoming’s Law Firm

                                                  July 23, 2024

    VIA E-MAIL ONLY

               Paula Colbath                      Marc Gottlieb                  Marc Feinstein
                                                 msgØ~orllp.legal             mfeinstein(~omm.com
           pcolbath(&Uoeb.com
               Alex Inman
            ainman(afloeb.corn

             Re:       Deposition Scheduling, Plaintiffs continued concerns, Zoom as
                       International Solution

    Dear Paula Marc and Marc:

          I write in follow-up to my July 15, 2024 conferral letter regarding deposition
    scheduling.

             Plaintiffs concern remains that your clients may be trying to dodge depositions.

             I’m attaching to this letter Judge Carman’s email yesterday and how he assumes with
    mediation “Zoom will feature in this solution” and notes the “international aspect of this case.”
    It is safe to assume that Zoom will feature as a solution with depositions given the international
    aspect of this case, as well.

          Please see my updated deposition schedule below. I scheduled John Kenyon Hayward
    on September 6, 2024 per your expert designation yesterday.

          I am also enclosing the Notice of Deposition for Erick Rengifo’s deposition on Friday,
    August 2, 2024. Paula earlier informed me that Dr. Rengifo was unavailable to be deposed
    from August 5-3 1, 2024 (because of his vacation, so I am accommodating Dr. Rengifo by
    scheduling his deposition on August 2, 2024).

           I am also enclosing the Notice of Depositions for Chong Wang on Tuesday, August 6,
    2024, and Ran Cheng on Friday, August 9, 2024.


1~ 307 265 0700       I~: 30   266 2306   wpdri.nct   I [email protected] II ~                       LAW       CLM


            Case 1:23-cv-00079-ABJ                 Document 384-4       Filed 10/07/24   Page 3 of 6


WILlIAMS. PORI FR. DAY & NEVIILE IC


          We look forward to working with you and finalizing the deposition schedule for
   Plaintiff and Defendants.

                                                                   Best reg


                                                                   Patricl~5Er~’IyJphy

                                               Deposition Zoom Scheduling

                •     Erick Rengifo (MineOne Terra, Bit Origin) August 2, 2024 via Zoom from
                      Defense counsel’s office in New York.
                •     Chong Wang (MineOne Terra Bit Origin) August 6, 2024 via Zoom
                •     Ran Cheng (Bitmain) August 9, 2024 via Zoom
                      Huaili Zhang (MineOne Bit Origin) August 19, 2024 via Zoom
                •     Micree Zhan (Bitmain) August 20, 2024 via Zoom
                •     Xiaping Cao (Bit Origin) August 20, 2024 via Zoom
                •     Jiaming Li (MineOne Terra Crypto Bit Origin) August 23, 2024 via Zoom
                •     John Kenyon Hayward (Defendants’ Expert Witness) September 6, 2024
                      Rule 30(b)(6) witness of Bitmain Georgia September 8,2024 (topics for
                      examination to be provided)
                      “Easen” (Bitmain) September 9, 2024 via Zoom
                      “Jason” (Bitmain) September 9 2024 via Zoom
                      Zhou Feng (Bitmain) September 10, 2024 via Zoom
                      Nuolin Lin (Bitmain) September 10, 2024 via Zoom
                      Cho Zhu (MineOne Terra Crypto) September 11, 2024 via Zoom
                      Ziyoa Shao (MineOne Terra Crypto Bit Origin) September 11, 2024 via Zoom
                      Henry Li (MineOne Terra Crypto Bit Origin) September 12, 2024 via Zoom
                      “Mark” (MineOne Terra Crypto Bit Origin) September 12, 2024 via Zoom
                      Rule 30(b)(6) witness of MineOne Wyoming September 13, 2024 (topics for
                      examination to be provided)
                •     Zihan Zhang (MineOne) September 15, 2024 via Zoom


 1: 3(1 265 0700                 P: 307 266 2306   wpdn.net   I infn~wpdn.net II ~                     LAW CLM


              Case 1:23-cv-00079-ABJ              Document 384-4           Filed 10/07/24         Page 4 of 6


Patrick Murphy

From:                                Mark Carman <[email protected]>
Sent                                 Monday, July 22, 2024 2:59 PM
To:                                  Marc Gottlieb
Cc:                                  Patrick Murphy; Paula Colbath; Khale J. Lenhart; Meggan Hathaway
Subject                              Re: Asking Your Honor To Mediate our BCB/MineOne/Bitmain Georgia Case


I expected issues in this regard due to international aspect of this case. I think it is unlikely we can ever get all the parties
in one location. What I expect from you is an alternative option which will allow the substantive involvement of those
persons necessary to resolve this matter. I assume Zoom will feature in this solution.

The mediation will remain on schedule.

Thanks

Mark
Sent from my iPhone


         On Jul 22, 2024, at 2:42 PM, Marc Gottlieb <[email protected]> wrote:


          CAUTION EXTERNAL:
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         Your Honor

         Please excuse this unusual email. As you know, I represent Defendants Bit Origin and SonicHash
         in the BOB Cheyenne v MineOne litigation. I have avoided to the extent possible this type of ex
         parte back and forth with the Court. But given your recent order and the extremeLy limited time
         between now and our scheduled mediation, I feeL compeLled to write Your Honor to advise as soon
         in advance as possible that my cLients are incapabLe of complying with your recent order which
         requires our clients’ in-person appearance at the mediation scheduled for July 29-30, 2024. There
         is simply insufficient advance notice to accommodate the Court’s Order.

         As you may recall, I was tasked with serving as defendants’ lead negotiator when it came to trying
         to negotiate a possible settlement with PLaintiff. When I approached Patrick Murphy about my
         proposalto mediate this matter, I did so with the understanding that we would try to keep things as
         simpLe as possible avoid overburdening the parties by requiring comprehensive pre-mediation
                              -


         submissions, evidence books, etc., and we certainLy never discussed representatives from
         defendant companies having to be present in Wyoming on those dates. Had I known this was going
         to be a requirement, we wouLd never have discussed mediation dates so soon into the future.

         In light of the Court’s recent order, we tried to secure our cLients’ presence in the U.S. on the dates
         in question but we have been advised this is impossible. In orderto avoid violating Your Honor’s
         order, I would respectfully request our mediation be adjourned to a future date that gives us the
         appropriate amount of time to arrange for our cLients to be present in person or at the very least
         virtually. I believe you may also hear from other defense counsel with a similar message. The
         purpose of the mediation was to avoid this type of additional expense, not to add to it.

                                                                1


            Case 1:23-cv-00079-ABJ               Document 384-4             Filed 10/07/24   Page 5 of 6


     Before all of us go to the trouble and expense of booking our flights, hotels, etc., speaking for my
     clients, I feel compeLLed to raise this issue with the Court in order not to run afoul of the Court’s
     order. To the extent the Court desires to have a follow-up call with counsel about this issue, I wiLL
     of course make myseLf available. Thank you for the Court’s consideration of this request.

     Marc S. Gottlieb


     From: Mark Carman <[email protected]>
     Sent: Friday, July 12, 2024 10:50 AM
     To: Patrick Murphy <[email protected]>
     Cc: Marc Gottlieb <[email protected]>; Paula Colbath <[email protected]>; Khale J. Lenhart
     <[email protected]>
     Subject: RE: Asking Your Honor To Mediate our BCB/MineOne/Bitmain Georgia Case


You don’t often get email from mark [email protected] Learn wh this is im   rtant

     I have reviewed my calendar and I can make a two-day mediation work on those dates. It’s a little tight
     and I may need to handle some criminal matters during the mediation. I would suggest we start a little
     later Monday at 10 am. I will still rule on the pending discovery matter but will hold off on any other
     work on this matter until after the mediation. After my departure, the referral work in this case will
     return to Judge Hambrick.


     Mark

     Mark L. Carman
     United States Magistrate Judge
     District of Wyoming

     From: Patrick Murphy <pmurphy~wpdn net>
     Sent: Friday, July 12, 2024 8:07 AM
     To: Mark Carman <Mark [email protected]>
     Cc: Marc Gottlieb <msg@orllp legal>; Paula Colbath < colba h loeb com>; Khale J. Lenhart
     <KLenhart~hirsta~plegate. om>
     Subject: Asking Your Honor To Mediate our BCB/MineOne/Bitmain Georgia Case

         UTION    -   EXTERNAL:


     Good morning, Judge Carman—

     Following our hearing yesterday, Marc Gottlieb and I visited. And Marc is in very close touch with
     Paula. Our clients Plaintiff BCB and Defendants MineOne, Terra Crypto, Sonict-lash and Bit Origin
                           —                                                                               --


     accept Your Honor’s offer to mediate our case.

     Specifically, if your schedule could accommodate this, we would like to come to Cheyenne to mediate
     with you on Monday and Tuesday, July 29-30. We don’t know if our mediation would take two full days,
     but Marc and I think it is best to plan on a two-day mediation given the complexity of this case.


                                                                2


        Case 1:23-cv-00079-ABJ                             Document 384-4                     Filed 10/07/24                  Page 6 of 6

Marc and I have agreed that Marc and Paula would come to Cheyenne for the [proposed]
mediation. We don’t yet know if they would have a client representative(s) attend the mediation, u
they are checking on this.

BCB would have me, Michael Murphy, Sean Murphy and possibly Emory Patterson attend the
mediation.

I haven’t yet done this, but I will invite Defendant Bitmain Georgia to attend this global mediation with
us. I have a call in to Khale Lenhardt to invite Bitmain Georgia to attend the mediation with us. Marc
Gottlieb and I agree that Bitmain Georgia should mediate with us.

This would be a global mediation of all claims, all defenses, all parties.

Is this something you could do for all of us, Your Honor?

Finally, with all that we have written and filed in this case, we don’t anticipate we would need to
prepare terribly extensive Confidential Mediation Submissions in advance of the mediation. But
certainly the parties should provide you with some sort of Mediation Submissions in advance of the
mediation. We would follow your lead in what you would like from counsel.

Marc, Paula and I (and, hopefully, Khale) appreciate your willingness to tackle our case with a mediation
at the end of this month (before the parties ramp up with depositions in early August).

Can you please look at your judicial and life calendars to see if you mediate with us on July29
30? Counsels’ schedules are very challenging, and we really do need to do this on July29 30 (if Your
Honor can).

Thank you, Judge Carman.

Pat Murphy
(307) 262 2872 (cell)


                                    Patrick i. Murphy
<imageo0l png>                      Attorney at Law
                                    Office: 307-265-0700
        WPDN.NET                    pmurphy~wpdn net
                                    159 N. Wolcott St. Suite 400 (82601)
<imageoo2.png>                      ‘,O, Box 10700
                                    Casper, WY 82602
<imageoo3.png>

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