Mawson Infrastructure Group, Inc. v. CleanSpark, Inc. — Entry #46: CONFIDENTIALITY STIPULATION AND ORDER...regarding procedures to be followed that shall govern the handling of confidential material

Case 1:24-cv-05379-LTS-GWG               Document 46
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------ X
MAWSON INFRASTRUCTURE                                        :
GROUP, INC., and LUNA SQUARES, LLC                           : Civil Action No. 1:24-cv-5379
                                                             :
                  Plaintiffs,                                :   CONFIDENTIALITY
                                                             :   STIPULATION AND ORDER
         -against-                                           :
                                                             :
CLEANSPARK, INC., and CSRE PROPERTIES :
SANDERSVILLE, LLC                                            :
                                                             :
                  Defendants.                                :
------------------------------------------------------------ X

       WHEREAS, the parties having agreed to the following terms of confidentiality, and the
Court having found that good cause exists for the issuance of an appropriately tailored
confidentiality order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, it is hereby

        ORDERED that the following restrictions and procedures shall apply to the information
and documents exchanged by the parties in connection with the pre-trial phase of this action, and
that the Parties to this action, their respective officers, agents, servants, employees, and attorneys,
any other person in active concert or participation with any of the foregoing, and all other persons
with actual notice of this Stipulation and Order shall adhere to the following terms, upon pain of
contempt:

        1.       Counsel for any party may designate any document or information, in whole or in
part, as confidential if counsel determines, in good faith, that such designation is necessary to
protect the interests of the client in information that is proprietary, a trade secret, competitively
sensitive or otherwise sensitive non-public information (“Confidential Information”). Information
and documents designated by a party as confidential will be stamped “CONFIDENTIAL.”

        2.      The Confidential Information disclosed will be held and used by the person
receiving such information solely for use in connection with the action and any appeals thereto.

        3.        In the event a party challenges another party’s designation of confidentiality,
counsel shall make a good faith effort to resolve the dispute, and in the absence of a resolution, the
challenging party may seek resolution by the Court. If the parties seek Court intervention, the
documents or other materials shall be deemed Confidential Information unless and until the Court
rules otherwise Nothing in this Stipulation and Order constitutes an admission by any party that
Confidential Information disclosed in this case is relevant or admissible. Each party reserves the
right to object to the use or admissibility of the Confidential Information.

      4.       Each party or non-party may designate a document as Confidential Information
for protection under this Stipulation and Order by placing or affixing the words
“CONFIDENTIAL” to each page that contains protected material and on all copies in a manner


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that will not interfere with the legibility of the document. Documents designated as
“CONFIDENTIAL” shall not be disclosed to any person, except:
              a.      The requesting party and counsel, including in-house counsel;

                b.      Employees of such counsel assigned to and necessary to assist in the
                        litigation;

                c.      Consultants or experts assisting in the prosecution or defense of the matter,
                        to the extent deemed necessary by counsel; and

                d.      The Court (including the mediator, or other person having access to any
                        Confidential Information by virtue of his or her position with the Court).

                e.      an officer before whom a deposition is taken, including stenographic
                        reporters and any necessary secretarial, clerical or other personnel of such
                        officer, if furnished, shown or disclosed in accordance with paragraph 5
                        hereof;

                f.      trial and deposition witnesses, if furnished, shown or disclosed in
                        accordance with paragraph 5 hereof; and

                g.      any other person agreed to by the parties.

       5.     Prior to disclosing or displaying the Confidential Information to any person,
counsel must:

                a.      Inform the person of the confidential nature of the information or
                        documents;

                b.      Inform the person that this Court has enjoined the use of the information
                        or documents by him/her for any purpose other than this litigation and has
                        enjoined the disclosure of the information or documents to any other
                        person; and

                c.      Require each such person to sign an agreement to be bound by this
                        Stipulation and Order in the form attached as Exhibit A.

        The disclosure of a document or information without designating it as “CONFIDENTIAL”
shall not constitute a waiver of the right to designate such document or information as Confidential
Information. If so designated, the document or information shall thereafter be treated as
Confidential Information subject to all the terms of this Stipulation and Order. No party shall be
found to have violated this Stipulation and Order for failing to maintain the confidentiality of
material during a time when that material has not been designated Confidential Information, even
where the failure to so designate was inadvertent and where the material is subsequently designated
Confidential Information.

       6.       Any person receiving Confidential Information shall not reveal or discuss such
information to or with any person not entitled to receive such information under the terms hereof.


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         7.      All depositions and other pretrial testimony shall be treated as Confidential
Information until the designation of such testimony pursuant to section (i) and (ii) of this
paragraph. Depositions and other pre-trial testimony may be designated as Confidential
Information (i) by a statement on the record, by counsel, before the conclusion of the deposition
or testimony or (ii) by written Notice of Designation served to all parties of record no later than
thirty (30) days after the transcript is delivered to any party or the witness. Counsel for the person
being deposed shall, within thirty (30) days after the receiving the deposition transcript, designate
those portions of the transcript which contain testimony containing Confidential Information,
which shall be protected by the terms of this Order. The parties may modify this procedure for any
particular deposition or other pre-trial testimony through agreement on the record at such
deposition or testimony, without further order of the Court.

        8.     Any Personally Identifying Information (“PII”) (e.g., social security numbers,
financial account numbers, passwords, and information that may be used for identity theft)
exchanged in discovery shall be maintained by the receiving party in a manner that is secure.

        9.      Pursuant to Federal Rule of Evidence 502, the production of privileged or work
product protected documents or communications, electronically stored information (“ESI”) or
information, whether inadvertent or otherwise, shall not constitute a waiver of the privilege or
protection from discovery in this case or in any other federal or state proceeding. This Stipulation
and Order shall be interpreted to provide the maximum protection allowed by Federal Rule of
Evidence 502(d). Nothing contained herein is intended to or shall serve to limit a party’s right to
conduct a review of documents, ESI or information (including metadata) for relevance,
responsiveness and/or segregation of privileged and/or protected information before production.

Notwithstanding the designation of information as “CONFIDENTIAL” in discovery, there is no
presumption that such information shall be filed with the Court under seal. Any party wishing to
file a document designated as Confidential Information in connection with a motion, brief or other
submission to the Court must comply with the procedures for filing under seal set forth in the
Southern District of New York Local Rules and ECF Rules, and the Court’s Individual Rules.

        10.      At the conclusion of litigation, Confidential Information and any copies thereof
shall be promptly (and in no event later than 30 days after entry of final judgment no longer subject
to further appeal) returned to the producing party or certified as destroyed, except that the parties’
counsel shall be permitted to retain their working files on the condition that those files will remain
protected.

        11.       Nothing herein shall preclude the parties from disclosing material designated to be
Confidential Information if otherwise required by law or pursuant to a valid subpoena; provided,
however, that any party receiving such a request will provide written notice to the producing party
before disclosure and as soon as reasonably possible, and, if permitted by the time allowed under
the request, at least 10 days before any disclosure. Upon receiving such notice, the producing party
will have the right to oppose compliance with the subpoena, other compulsory process, or other
legal notice if the producing person deems it appropriate to do so.

       12.      Any party who requests additional limits on disclosure (such as “attorneys’ eyes
only” in extraordinary circumstances) may at any time prior to the trial of this action serve upon


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counsel for the receiving party a written notice specifying those additional limits and the
particularized basis for them. If the receiving party objects to the additional limits, the producing
party may raise the issue to this Court in accordance with applicable Individual and Local Rules.
In the event the receiving party objects to additional limits requested by the producing party and
the producing party raises the issue with this Court within 7 days of such objection, the additional
limits shall be maintained and respected unless and until the Court orders otherwise.

        13.     The production or disclosure of Confidential Information shall in no way
constitute a waiver of each party’s right to object to the production or disclosure of other
information in this action or in any other action.

       14.       Extracts and summaries of Confidential Information shall also be treated as
confidential in accordance with the provisions of this Stipulation and Order

       15.       This Stipulation and Order may be changed by further order of this Court, and is
without prejudice to the rights of a party to move for relief from any of its provisions, or to seek
or agree to different or additional protection for any particular material or information.


Dated: New York, New York
       January 16, 2026


FOX ROTHSCHILD LLP                                WILK AUSLANDER LLP


By: /s/ Isaac Hoenig_______________            By: /s/ James Alicea (with permission)_
   Elizabeth C. Viele                              Jay S. Auslander
   Isaac Hoenig                                    Aari Itzkowitz
   101 Park Avenue, 17th Floor                     James R. Alicea
   New York, New York 10718                        825 Eighth Avenue, Suite 2900
   Tel.: 212-878-7963                              New York, New York 10019
   eviele@foxrothschild.com                        Tel.: 212-981-2316
   ihoenig@foxrothschild.com                       jauslander@wilkauslander.com
                                                   aitzkowitz@wilkauslander.com
Attorneys for Plaintiffs Mawson Infrastructure     jalicea@wilkauslander.com
Group, Inc. and Luna Squares, LLC
                                               Attorneys for Defendants CleanSpark, Inc.,
                                               and CSRE Properties Sandersville, LLC


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SO ORDERED,       January 20 , 2026


Hon. Gabriel W. Gorenstein
United States Magistrate Judge


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                                           EXHIBIT A


                 ACKNOWLEDGMENT OF CONFIDENTIALITY ORDER

       I have been informed by counsel that certain documents or information to be disclosed to

me in connection with the matter entitled Mawson Infrastructure Group, Inc. et al v. CleanSpark

Inc. et al, 24-cv-5379, pending in the United States District Court for the Southern District of New

York, have been designated as confidential. I have been informed that any such documents or

information labeled “CONFIDENTIAL” are confidential by Order of the Court. I hereby agree that

I will not disclose any information contained in such documents to any other person. I further agree

not to use any such information for any purpose other than this litigation.


Dated: __________________, 20__


___________________________________                          ___________________________________
Name (printed)                                               Signature


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