Budukiewicz v. ESS Tech Inc. — Entry #24: Unopposed Motion for Order re Dismissal
Case: Budukiewicz v. ESS Tech Inc. ord · 3:23-cv-00234
filed February 15, 2023
What this document is
Docket entry #24 · filed June 26, 2023
Unopposed Motion for Order re Dismissal. Filed by Maurice A Rendon.Associated Cases: 3:23-cv-00050-JR, 3:23-cv-00234-JR (Merchant, Michael) (Entered: 06/26/2023)
Who is involved
- Budukiewicz
- ESS Tech Inc.
Why we have it
We follow this case because it names a company we track, although that company is not a party:
- CleanSpark: its project “Camp Pendleton” appears in a filing in this case.
…reporting or by a full website search, ° The Camp Pendleton U.S. Military Base received a delivery from…
A free copy from the RECAP archive of federal court filings (mirrored at the Internet Archive), retrieved October 27, 2026. Federal court filings are public records.
Document text
5 page(s), 8,352 characters, converted from the PDF's text layer · plain text.
Full text
Case 3:23-cv-00050-JR Document 29 Filed 06/26/23 Page 1 of 5
Michael B. Merchant, OSB No. 882680
mike.merchant@bhlaw.com
Britta E. Warren, OSB No. 065441
britta.warren@bhlaw.com
BLACK HELTERLINE LLP
805 S.W. Broadway, Suite 1900
Portland, OR 97205
Telephone: (503) 224-5560
Facsimile: (503) 224-6148
Liaison Counsel for Lead Plaintiff Maurice A.
Rendon and Liaison Counsel for the Class
[Additional Counsel on Signature Page]
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
JAMES WAKEFIELD, Individually and on Case No. 3:23-cv-00050-JR (Lead Case)
behalf of all others similarly situated,
UNOPPOSED JOINT MOTION RE
Plaintiff, DISMISSAL
v.
ESS TECH INC., ERIC P. DRESSELHUYS,
and AMIR MOFTAKHAR,
Defendants.
MICHAEL BUDUKIEWICZ, Individually Case No. 3:23-cv-00234-JR (Trailing Case)
and on behalf of all others similarly situated,
Plaintiff,
v.
ESS TECH INC., ERIC P. DRESSELHUYS,
and AMIR MOFTAKHAR,
Defendants.
Page 1 – UNOPPOSED MOTION RE DISMISSAL
Case 3:23-cv-00050-JR Document 29 Filed 06/26/23 Page 2 of 5
Lead Plaintiff Maurice A Rendon and Defendants ESS Tech Inc., Eric P. Dresselhuys,
and Amir Moftakhar (collectively, the “Parties”), by and through their undersigned counsel,
hereby stipulate and agree as follows and jointly request that the Court enter the below Order
approving this unopposed Motion:
WHEREAS, on January 12, 2023, plaintiff James Wakefield filed the first above-
captioned securities fraud class action asserting claims under Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) and 78t(a), and SEC Rule 10b-5
promulgated thereunder, 17 C.F.R. § 240.10b-5 (Dkt. No. 1);
WHEREAS, on February 15, 2023, plaintiff Michael Budukiewicz filed the second
above-captioned securities fraud class action alleging substantially similar claims;
WHEREAS, on April 24, 2023, the Court consolidated the above-captioned actions,
appointed Maurice A. Rendon as Lead Plaintiff, and approved his selection of Glancy Prongay &
Murray LLP as Lead Counsel and Black Helterline LLP as Liaison Counsel for the putative
class, and ordered that Lead Plaintiff and Defendants “meet and confer regarding a schedule for
the filing of a consolidated complaint or designation of an operative complaint, and a briefing
schedule for Defendants’ anticipated motion to dismiss” (see Dkt. No. 26); and
WHEREAS, on May 8, 2023, the Parties submitted the Stipulated Motion for Order
Setting a Schedule for the Filing of a Consolidated Complaint and Responsive Briefing
(“Scheduling Motion”) setting forth proposed deadlines for the Lead Plaintiff to file an amended
complaint and for the Parties’ anticipated motion to dismiss briefing thereon (Dkt. No. 27);
WHEREAS, the Court approved the Scheduling Motion on the same day (“Scheduling
Order”) (Dkt. No. 28);
Page 2 – UNOPPOSED MOTION RE DISMISSAL
Case 3:23-cv-00050-JR Document 29 Filed 06/26/23 Page 3 of 5
WHEREAS, the deadline to file Lead Plaintiff’s consolidated complaint is June 30, 2023
pursuant to the Scheduling Order, but Lead Plaintiff has decided to voluntarily dismiss the
above-captioned action pursuant to Federal Rule of Civil Procedure 41(a);
WHEREAS, the Parties have agreed that each party shall bear its own costs and
attorneys’ fees and that no party asserts that any of the Parties or their respective counsel have at
any time failed to comply with Rule 11 of the Federal Rules of Civil Procedure; and
WHEREAS, the Parties have not exchanged monetary consideration or agreed to any
terms other than what are set forth in this document in connection with this voluntary dismissal.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, and respectfully
requested, by and among the undersigned counsel for the respective Parties, subject to approval
of the Court, that:
1. The above-captioned action is dismissed; and
2. The Parties shall each bear their own costs and attorneys’ fees.
DATED this 26th day of June 2023.
BLACK HELTERLINE LLP
By: __s/ Michael B. Merchant
Michael B. Merchant, OSB No. 882680
Matthew D. Colley, OSB No. 125084
(503) 224-5560
Liaison Counsel for Lead Plaintiff Maurice A.
Rendon and Liaison Counsel for the Class
Page 3 – UNOPPOSED MOTION RE DISMISSAL
Case 3:23-cv-00050-JR Document 29 Filed 06/26/23 Page 4 of 5
GLANCY PRONGAY & MURRAY LLP
Robert V. Prongay
Charles H. Linehan
Pavithra Rajesh
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
Counsel for Lead Plaintiff Maurice A. Rendon
and Lead Counsel for the Class
ANGELI LAW GROUP LLC
By: __s/ Peter Hawkes
David Angeli, OSB No. 020244
david@angelilaw.com
Peter Hawkes, OSB No. 071986
peter@angelilaw.com
121 S.W. Morrison Street, Suite 400
Portland, OR 97204-3134
Telephone: (503) 954-2232
WILSON SONSINI GOODRICH &
ROSATI, P.C.
Ignacio E. Salceda, admitted pro hac vice
ISalceda@wsgr.com
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: (650) 493-9300
John C. Roberts, Jr., admitted pro hac vice
jroberts@wsgr.com
701 Fifth Avenue, Suite 5100
Seattle, Washington 98104-7036
Telephone: (206) 883-2500
Counsel for Defendants
Page 4 – UNOPPOSED MOTION RE DISMISSAL
Case 3:23-cv-00050-JR Document 29 Filed 06/26/23 Page 5 of 5
CERTIFICATE OF SERVICE
I hereby certify that on June 26, 2023, I electronically filed the foregoing with the Clerk
of the Court using the CM/ECF system and that by doing so I served the foregoing on all parties
in the record of the subject case via CM/ECF system transmission.
DATED this 26th day of June 2023.
BLACK HELTERLINE LLP
By: _ s/ Michael B. Merchant
Michael B. Merchant
OSB No. 882680
(503) 224-5560
Liaison Counsel for Lead Plaintiff Maurice
A. Rendon and Liaison Counsel for the
Class
Page 1 – Certificate of Service