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 144401354.1 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 20 21 22 23 24 25 26 27 28 3 144401354.1