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on the motions to dismiss on July 9, 2019, and at the conclusion of the argument the court took the motions under submission.
−Removed: The parties are waiting for the court’s rulings on the motions to dismiss and, while the motions have been under submission,
−Removed: no discovery has been taken and there have been no other significant developments in the case.
+Added: On April 22, 2021, the Company was notified the appellate court affirmed the decision to dismiss the case in its entirety.
+Added: January 14, 2021, Plaintiff Michael Ho (“Plaintiff”
+Added: or “Ho”) filed a Civil Complaint for Damages and Restitution
+Added: (“Complaint”) against Marathon Digital Holdings, Inc.
+Added: (the “Company”) and 10 Doe Defendants.
+Added: Complaint alleges six causes of action against the Company, (1) Breach of Written Contract;
+Added: (2) Breach of Implied Contract;
+Added: Quasi-Contract;
+Added: (4) Services Rendered;
+Added: (5) Intentional Interference with Prospective Economic Relations;
+Added: and (6) Negligent Interference
+Added: with Prospective Economic Relations, which is the one plead against “all Defendants”
+Added: and is most likely to involve
+Added: later named defendants.
+Added: The claims arise from the same set of facts, Ho alleges that the Company profited from commercially-sensitive
+Added: information he shared with the Company and then it refused to compensate him for his role in securing the acquisition of a supplier
+Added: of energy for the Company.
+Added: On February 22, 2021, the Company responded to Mr.
+Added: Ho’s Complaint with a general denial and the
+Added: assertion of applicable affirmative defenses.
+Added: Then, on February 25, 2021, the Company removed the matter to federal court.
+Added: parties are currently engaged in discovery, including written discovery and depositions.
+Added: Due to outstanding issues of fact and
+Added: law, it is impossible to predict the outcome at this time;
+Added: however, the Company is confident that it will prevail in this litigation
+Added: since it did not have a contract with Mr.
+Added: Ho and he did not disclose any commercially-sensitive information that was used to structure
+Added: any joint venture with energy providers.
than as disclosed herein, we know of no other material, active or pending legal proceedings against us, nor are we involved as
6 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.