Ross v. Bhatraju et al

Filing 18

ORDER granting #16 Letter Motion to Stay re: #16 JOINT LETTER MOTION to Stay addressed to Judge Valerie E. Caproni from Aric H. Wu dated May 5, 2022. Application GRANTED. The initial pretrial conference scheduled for May 13, 2022, is CANCELLED. The Court will enter the parties' proposed stipulation and order to stay this case by separate order. The Clerk of Court is respectfully directed to terminate the open motion at docket entry 16. SO ORDERED.. (Signed by Judge Valerie E. Caproni on 5/9/2022) (kv)

Case 1:22-cv-02037-VEC Document 16 Filed 05/05/22 Page 1 of 2
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05/09/22

MEMO ENDORSED
Aric H. Wu
Tel: [phone]
Email: [e-mail]

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 5/9/2022

By ECF
5/9/2022

Peter M. Adams
Tel: [phone]
Email: [e-mail]
Thomas J. McKenna
Gregory M. Egleston
Tel: [phone]
Email: [e-mail]
Email: [e-mail]
May 5, 2022
Hon. Valerie E. Caproni
United States District Judge
Southern District of New York
40 Foley Square
New York, NY 10007
Re:

Ross v. Bhatraju et al., Case No. 1:22-cv-02037-VEC

Dear Judge Caproni:
We represent the Parties in the above-captioned derivative claim. A substantially similar
consolidated putative class action, alleging violations of the federal securities laws against
AppHarvest and certain of the Company’s officers, is pending in the Southern District of New
York: In re AppHarvest Securities Litigation, Case No. 21-cv-07985. 1 AppHarvest and certain of
the Company’s officers moved to dismiss the class action on May 2, 2022.
To promote efficiency, the Parties have agreed to stay the derivative claim (Ross v. Bhatraju et al.,
Case No. 1:22-cv-02037-VEC) until the motion to dismiss the class action is resolved.
Accordingly, the Parties attach to this letter a Stipulation and [Proposed] Order Temporarily
Staying Action.
On March 17, 2022, this Court issued a Notice of Pretrial Conference (Dkt. No. 3) scheduling a
Rule 16 Initial Pretrial Conference on May 13, 2022 at 2:30 p.m. by teleconference. In light of the
Stipulation, the Parties believe this conference is unnecessary and request that it be postponed until
the temporary stay in this case is lifted.

Plaintiff Michael Ross stated in his Civil Cover Sheet (Dkt. No. 2) that his derivative claim was related to the
consolidated putative class action.
1

Case 1:22-cv-02037-VEC Document 16 Filed 05/05/22 Page 2 of 2
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05/09/22

Dated: May 5, 2022

COOLEY LLP
By: /s/ Aric H. Wu
Aric H. Wu
55 Hudson Yards
New York, NY 10001
[phone]
[e-mail]
Peter M. Adams
4401 Eastgate Mall
San Diego, CA 92121
[phone]
[e-mail]

Dated: May 5, 2022

GAINEY MCKENNA & EGLESTON
By: /s/ Thomas J. McKenna
Thomas J. McKenna
Gregory M. Egleston
501 Fifth Avenue, 19th Floor
New York, NY 10017
[phone]
[e-mail]
[e-mail]

cc: All counsel of record (by ECF)

Application GRANTED. The initial pretrial conference scheduled for May 13, 2022, is CANCELLED.
The Court will enter the parties' proposed stipulation and order to stay this case by separate order.
The Clerk of Court is respectfully directed to terminate the open motion at docket entry 16.
SO ORDERED.
Date: 5/9/2022
HON. VALERIE CAPRONI
UNITED STATES DISTRICT JUDGE