Atanasoff v. Bradford — Entry #13: ORDER - IT IS ORDERED that ECF No
Case: Atanasoff v. Bradford nvd · 2:23-cv-00358
filed March 07, 2023
What this document is
Docket entry #13 · filed April 06, 2023
ORDER - IT IS ORDERED that ECF No. 12 is GRANTED in part and DENIED in part without prejudice. It is granted to the extent that Defendants deadline to respond to the complaint shall be May 5, 2023 (5/5/2023). To the extent the parties stipulate to an extended motion to dismiss briefingschedule, they must file a separate motion. Signed by Magistrate Judge Brenda Weksler on 4/6/2023. (Copies have been distributed pursuant to the NEF - CJS)
Who is involved
- Atanasoff
- Bradford
Why we have it
We follow this case because it names a company we track, although that company is not a party:
- CleanSpark: its name “CleanSpark, Inc.” appears in a filing in this case.
…Thomas L. Wood and Nominal Defendant Cleanspark, Inc. 7 8 UNITED…
A free copy from the RECAP archive of federal court filings (mirrored at the Internet Archive), retrieved October 26, 2026. Federal court filings are public records.
Document text
3 page(s), 7,169 characters, converted from the PDF's text layer · plain text.
Full text
Case 2:23-cv-00358-ART-BNW Document 13
12 Filed 04/06/23
04/05/23 Page 1 of 3
1 MARK J. CONNOT (10010)
COLLEEN E. MCCARTY (13186)
2 FOX ROTHSCHILD LLP
1980 Festival Plaza Drive, Ste. 700
3 Las Vegas, NV 89135
Telephone: 702.262.6899
4 Facsimile: 702.597.5503
mconnot@foxrothschild.com
5 cmccarty@foxrothschild.com
Counsel for Defendants Zachary K. Bradford, S. Matthew Schultz,
6 Robert P. Beynon, Larry McNeill, and Thomas L. Wood and
Nominal Defendant Cleanspark, Inc.
7
8 UNITED STATES DISTRICT COURT
9 DISTRICT OF NEVADA
10
ERIC ATANASOFF, Derivatively on Behalf of Case No.: 2:23-cv-00358-ART-BNW
11 CLEANSPARK, INC.,
Plaintiff, (Removal from District Court, Clark County,
12 Nevada, Case No. A-23-866492-C)
v.
13
14 ZACHARY K. BRADFORD, STIPULATION AND [proposed] ORDER
S. MATTHEW SCHULTZ, ROGER P. EXTENDING TIME TO RESPOND TO
15 BEYNON, LARRY MCNEILL, and THOMAS COMPLAINT
L. WOOD,
16
Defendants,
17
18 -and-
19 CLEANSPARK, INC., a Nevada Corporation,
20 Nominal Defendant.
21
22 Plaintiff Eric Atanasoff (“Plaintiff”), derivatively on behalf of Nominal Plaintiff
23 CleanSpark, Inc. (“CleanSpark”) and Defendants Zachary K. Bradford, S. Matthew Schultz,
24 Larry McNeill, Thomas L. Wood, Roger P. Beynon (the “Individual Defendants”), and Nominal
25 Defendant CleanSpark (together with the Individual Defendants, “Defendants”) (collectively,
26 with Plaintiff, the “Parties”), by and through their undersigned counsel, hereby enter into the
27 following stipulation and proposed order:
28 ///
1
144401354.1
Case 2:23-cv-00358-ART-BNW Document 13
12 Filed 04/06/23
04/05/23 Page 2 of 3
1 WHEREAS, on March 1, 2023, Plaintiff filed a shareholder derivative complaint (the
2 “Complaint”) on behalf of Nominal Plaintiff CleanSpark in the Eighth Judicial District Court of
3 the State of Nevada in and for Clark County (the “State Court”), captioned Atanasoff v.
4 Bradford, et al., Case No. A-23-866492-C (this “Action”); and
5 WHEREAS, on March 7, 2023, the Defendant S. Matthew Schultz filed a Petition for
6 Removal (ECF No. 1) and Notice of Removal, removing this Action from State Court to the
7 United States District Court for the District of Nevada; and
8 WHEREAS, on March 24, 2023, the Individual Defendants filed a Motion to
9 Consolidate, asking the Court to consolidate this Action into the consolidated shareholder
10 derivative action pending in the United States District Court for the District of Nevada, In re
11 CleanSpark, Inc. Derivative Litigation, Case No. 2:21-cv-01181-GMN-BNW (the “Motion to
12 Consolidate”) (ECF No. 10); and
13 WHEREAS, on April 4, 2023, Plaintiff filed the Motion to Remand and for Attorney’s
14 Fees and Costs, which has been noticed for consideration by the Court in the normal course (the
15 “Motion to Remand”) (ECF No. 11); and
16 WHEREAS, Defendants intend to move to dismiss the Complaint in this Action; and
17 WHEREAS, the Parties agree to extend the deadline for Defendants to respond to the
18 Complaint until on or before May 5, 2023; and
19 WHEREAS, the Parties agree to extend the deadline for Plaintiff to oppose any motion
20 to dismiss the Complaint that Defendants file until on or before June 5, 2023; and
21 WHEREAS, the Parties agree to extend the deadline for Defendants to reply in support
22 of any motion to dismiss the Complaint until on or before June 26, 2023.
23 NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by the
24 Parties hereto, through their undersigned counsel, subject to the approval of the Court, as
25 follows:
26 1. Defendants’ deadline to respond to the Complaint is extended until on or before
27 May 5, 2023.
28 2. Plaintiff’s deadline to oppose any motion to dismiss the Complaint that
2
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Case 2:23-cv-00358-ART-BNW Document 13
12 Filed 04/06/23
04/05/23 Page 3 of 3
1 Defendants file is extended until on or before June 5, 2023.
2 3. Defendants’ deadline to reply in support of any motion to dismiss the Complaint
3 that Defendants file is extended until on or before June 26, 2023.
4 4. Other than as agreed herein, the Parties reserve all rights.
5
6 DATED: April 5, 2023 DATED: April 5, 2023
7
FOX ROTHSCHILD LLP ALDRICH LAW FIRM, LTD.
8
/s/ Colleen E. McCarty /s/ John P. Aldrich
9 MARK J. CONNOT (10010) JOHN P. ALDRICH (6877)
COLLEEN E. MCCARTY (13186) CATHERINE HERNANDEZ (8410)
10 1980 Festival Plaza Drive, Ste. 700 7866 West Sahara Avenue
11 Las Vegas, NV 89135 Las Vegas, Nevada 89117
mconnot@foxrothschild.com jaldrich@johnaldrichlawfirm.com
12 cmcarty@foxrothschild.com chernandez@johnaldrichlawfirm.com
Counsel for Defendants Counsel for Plaintiffs
13
14
15 ORDER
IT IS ORDERED that ECF No. 12 is GRANTED IT in part andORDERED.
IS SO DENIED in part without prejudice. It
16 is granted to the extent that Defendants deadline to respond to the complaint shall be May
5, 2023. To the extent the parties stipulate to an extended motion to dismiss briefing
17 schedule, they must file a separate motion. See LR IC 2-2(b).
_____________________________________
18
IT IS SO ORDERED
UNITED STATES MAGISTRATE JUDGE
DATED: 4:58 pm, April 06, 2023
19 DATED: ______________________
BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE
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