Winter v. Stronghold Digital Mining, Inc. et al

Filing 33

ORDER: re: 23 MOTION to Appoint Greg R. Stuart to serve as lead plaintiff(s). MOTION to Approve Lead Counsel filed by Greg R. Stuart, 13 MOTION to Appoint Counsel Levi & Korsinsky, LLP. MOTION to Appoint Gulzar Ahmed to serve as lead plaintiff(s) filed by Gulzar Ahmed, 17 MOTION to Appoint Allegheny County Employees Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel The Rosen Law Firm, P.A. filed by Allegheny County Employees Retirement System, 20 MOTION to Appoint Edward J. Young to serve as lead plaintiff(s). MOTION to Appoint Counsel. filed by Edward J. Young, Set Deadlines/Hearing as to 23 MOTION to Appoint Greg R. Stuart to serve as lead plaintiff(s). MOTION to Approv e Lead Counsel., 13 MOTION to Appoint Counsel Levi & Korsinsky, LLP. MOTION to Appoint Gulzar Ahmed to serve as lead plaintiff(s)., 17 MOTION to Appoint Allegheny County Employees Retirement System to serve as lead plaintiff(s). MOTION to Appoint Counsel The Rosen Law Firm, P.A., 20 MOTION to Appoint Edward J. Young to serve as lead plaintiff(s). MOTION to Appoint Counsel. :( Motion Hearing set for 8/4/2022 at 04:00 PM before Judge Ronnie Abrams.). Accordingly, the Court will hold a second hearing on the motions for appointment of lead plaintiff and lead counsel on August 4, 2022 at 4:00 p.m. The dial-in information for the conference is the same as that shared for the July 29 conference. All movants are directed to appear at this conference. Mr. Ahmed filed a letter today seeking leave to file a supplemental brief renewing his motion for lead plaintiff and withdrawing his notice of non-opposition. By separate order, that application has been granted. By August 3, 2022, Mr. Young and Mr. Stuart shall file letters indicating whether they maintain their positions of non-opposition in light of ACERS' July 21 filing. And as set forth herein. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/01/2022) (ama)

Case 1:22-cv-03088-RA Document 33 Filed 08/01/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDC-SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: 08/01/2022

MARK WINTER, individually and on behalf of
all others similarly situated,
Plaintiff,
v.
STRONGHOLD DIGITAL MINING, INC.,
GREGORY A. BEARD, RICARDO R. A
LARROUDÉ, WILLIAM B. SPENCE, B.
RILEY SECURITIES, INC., COWEN AND
COMPANY, LLC, TUDOR, PICKERING,
HOLT & CO. SECURITIES, LLC, D.A.
DAVIDSON & CO., COMPASS POINT
RESEARCH & TRADING, LLC, and
NORTHLAND SECURITIES, INC.,

No. 22-CV-3088 (RA)
ORDER

Defendants.
RONNIE ABRAMS, United States District Judge:
On July 29, 2022, the Court held a conference to discuss the appointment of a lead
plaintiff and lead counsel. Four motions for appointment of lead plaintiff had been filed: one by
Gulzar Ahmed, one by Edward J. Young, one by Greg R. Stuart, and one by the Allegheny
County Employees Retirement System (“ACERS”). On June 23, 2022, June 27, 2022, and July
21, 2022, Mr. Ahmed, Mr. Young, and Mr. Stuart filed notices of non-opposition to the
competing motions for appointment as lead plaintiff.
On July 21, 2022, ACERS filed a notice of errata in which it amended its alleged loss
amount, now claiming only $59,625.84 in losses. The other movants did not reply to this filing.
Counsel for Mr. Ahmed, Mr. Young, and Mr. Stuart failed to appear at the July 29
conference. Given the recent change to ACERS’ loss amount, however, the Court reserved

Case 1:22-cv-03088-RA Document 33 Filed 08/01/22 Page 2 of 2

ruling in order to allow the individual movants an opportunity to respond to ACERS’ July 21
filing.
Accordingly, the Court will hold a second hearing on the motions for appointment of lead
plaintiff and lead counsel on August 4, 2022 at 4:00 p.m. The dial-in information for the
conference is the same as that shared for the July 29 conference. All movants are directed to
appear at this conference.
Mr. Ahmed filed a letter today seeking leave to file a supplemental brief renewing his
motion for lead plaintiff and withdrawing his notice of non-opposition. By separate order, that
application has been granted. By August 3, 2022, Mr. Young and Mr. Stuart shall file letters
indicating whether they maintain their positions of non-opposition in light of ACERS’ July 21
filing.
SO ORDERED.
Dated:

August 1, 2022
New York, New York
________________________________
Ronnie Abrams
United States District Judge