Trillium Partners, L.P. v. Clean Vision Corporation et al

Filing 13

ORDER Granting 10 Stipulation for Extension of Time (First Request) to Respond re 1 Complaint, 5 Motion for TRO. Responses due by 12/6/2024. Replies due by 12/13/2024. Clean Vision Corporation answer due 1/3/2025; ClearTrust, LLC answer due 1/3/2025. Signed by Magistrate Judge Brenda Weksler on 11/25/2024. (Copies have been distributed pursuant to the NEF - ALZ)

10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH

1 Marquis Aurbach
Brian R. Hardy, Esq.
2 Nevada Bar No. 10068
Alexander K. Calaway, Esq.
3 Nevada Bar No. 15188
10001 Park Run Drive
4 Las Vegas, Nevada 89145
Telephone: [phone]
5 Facsimile: [phone]
[e-mail]
6 [e-mail]
Attorneys for Defendants
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TRILLIUM PARTNERS, L.P,
Case Number:
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2:24-cv-02047-APG-BNW
Plaintiff,
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vs.
STIPULATION AND ORDER RE:
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PLAINTIFF’S MOTIONS [ECF NO. 5]
CLEAN VISION CORPORATION and
AND DEFENDANTS’ RESPONSE TO
13 CEARTRUST, LLC (Relief Defendant),
COMPLAINT [ECF NO. 1]
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Defendant.
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Defendants Clean Vision Corporation (“Clean Vision”) and ClearTrust, LLC
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(“ClearTrust,” and collectively with Clean Vision, the “Defendants”), and plaintiff Trillium
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Partners L.P. (“Plaintiff”), by and through their respective counsels of record, hereby stipulate
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and agree to as follows:
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1.

On or about November 1, 2024, Plaintiff filed its Complaint (ECF No. 1);

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Clean Vision and ClearTrust, were served with Summons and Complaint on November 6 and
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7, 2024, respectively; and on or about November 8, 2024, Plaintiff filed its Motion for
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Temporary Restraining Order and Preliminary Injunction (ECF No. 5).
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2.

Via this stipulation and order, the parties wish to stipulate to a limited

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temporary restraining order to maintain the status quo pending this Court’s determination
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regarding Plaintiff’s request for injunctive relief (ECF No. 5).
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3.

For the avoidance of doubt, nothing in this stipulation shall be construed as a

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waiver of defenses or claims in this case, all of which the parties expressly reserved by the
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MAC: 17107-005 (#5691403.2)

1 parties, and this stipulation shall not it be construed as an admission by Defendants that
2 Plaintiff’s requested injunctive relief is appropriate.
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4.

To that end, pending the Court’s determination of Plaintiff’s motions

4 injunctive relief (ECF No. 5), Defendants and their agents, servants and employees stipulate
5 to be enjoined and restrained from issuing or converting equity of Clean Vision, or taking any
6 action that would result in an increase in the total issued and outstanding shares of Common
7 Stock of Clean Vision, including, but not limited to, issuing unrestricted shares of Clean
8 Vision common stock (the “Limited TRO”). For the avoidance of doubt, this stipulation and
9 order shall not limit or restrict ClearTrust’s ability to complete transfers of existing shares that
10 are presented to it in good order by existing shareholders or their agents, in compliance with

10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH

11 state and federal law.
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5.

As security for the Limited TRO under FRCP 65(c), Plaintiff shall pay a bond

13 in the amount of ONE THOUSAND U.S. DOLLARS ($1,000), which shall be used to pay
14 the costs and damages sustained by any party found to have been wrongfully enjoined or
15 restrained.
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6.

Finally, with respect to deadlines in this case, the parties further stipulate and

17 agree as follows:
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a.

Defendants’ deadline to oppose Plaintiff’s pending motions injunctive

19 relief (ECF No. 5) shall be extended to December 6, 2024;
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b.

Plaintiff’s reply in support of its motion (ECF No. 5), if any, will be

21 due on December 13, 2024; and
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c.

Defendants’ responsive pleading to the Complaint shall be due on or

23 before January 3, 2024.
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MAC: 17107-005 (#5691403.2)

1 Dated this 22nd day of November, 2024

Dated this 22nd day of November, 2024

2 MARQUIS AURBACH

MAIER GUTIERREZ &
ASSOCIATES

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4 By:/s/ Alexander K. Calaway
Brian R. Hardy, Esq.
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Nevada Bar No. 10068
Alexander K. Calaway, Esq.
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Nevada Bar No. 15188
10001 Park Run Drive
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Las Vegas, Nevada 89145
Attorneys for Defendants
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By:/s/ Jean Paul Hendricks
Jason R. Maier, Esq.
Nevada Bar No. 8557
Jean Paul Hendricks, Esq.
Nevada Bar No. 10079
8816 Spanish Ridge Ave
Las Vegas, Nevada 89148
Attorneys for Plaintiff

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ORDER
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IT IS SO ORDERED.

10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH

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_____________________________
MAGISTRATE JUDGE

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DATED: 11/25/2024

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MAC: 17107-005 (#5691403.2)