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the motions under submission.
−Removed: On March 13, 2020, the court issued its Decision in which it granted the motions to dismiss in full
−Removed: and ordered that the case be dismissed with prejudice.
+Added: On March 13, 2020, the court issued its Decision in which it granted the motions to dismiss in full and
+Added: ordered that the case be dismissed with prejudice.
On or about May 4, 2020, the plaintiffs filed a notice of appeal.
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on the appeal was conducted on April 1, 2021.
−Removed: On April 22, 2021, the court’s Appellate Division issued its Decision and
−Removed: Order affirming the dismissal of the case.
+Added: On April 22, 2021, the court’s Appellate Division issued its Decision and Order affirming
+Added: the dismissal of the case.
January 14, 2021, Plaintiff Michael Ho (“Plaintiff” or “Ho”) filed a Civil Complaint for Damages and Restitution
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The parties are currently engaged in discovery, including written discovery and depositions.
+Added: The Company will move to have Plaintiff’s
+Added: claims dismissed before trial.
Trial is set to begin on March 3, 2022.
−Removed: Due to outstanding issues of fact and law, it is impossible to predict the outcome at this time;
−Removed: however, the Company is confident that
−Removed: it will prevail in this litigation since it did not have a contract with Mr.
−Removed: Ho and he did not disclose any commercially-sensitive information
−Removed: under any mutual nondisclosure agreement that was used to structure any joint venture with energy providers.
+Added: Due to outstanding issues of fact and law, it is impossible to
+Added: predict the outcome at this time;
+Added: however, after consulting legal counsel the Company is confident that it will prevail in this
+Added: litigation since it did not have a contract with Mr.
+Added: Ho and he did not disclose any commercially-sensitive information under any mutual
+Added: nondisclosure agreement that was used to structure any joint venture with energy providers .
+Added: October 6, 2020, the Company entered into a series of agreements with multiple parties to design and build a data center for up to 100-megawatts
+Added: in Hardin, MT.
+Added: In conjunction therewith, the Company filed a Current Report on Form 8-K on October 13, 2020.
+Added: The 8-K discloses that,
+Added: pursuant to a Data Facility Services Agreement, the Company issued 6,000,000 shares of restricted Common Stock, in transactions exempt
+Added: from registration under Section 4(a)(2) of the Securities Act of 1933, as amended.
+Added: During the quarter ended September 30, 2021, the Company
+Added: and certain of its executives received a subpoena to produce documents and communications concerning the Hardin, Montana data center
+Added: facility described in our Form 8-K dated October 13, 2020.
+Added: We understand that the SEC may be investigating whether or not there may have
+Added: been any violations of the federal securities law.
+Added: We are cooperating with the SEC.
than as disclosed herein, we know of no other material, active or pending legal proceedings against us, nor are we involved as a plaintiff
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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.