D.C. No. Southern District of California, San Diego

RUSHIN GOLD, LLC, DBA The Gold Rush; UNIFIED GROCERS, INC.; Case: 19-56514, 08/03/2021, ID: 12190392, DktEntry: 128, Page 4 of 6

Case: 19-56514, 08/03/2021, ID: 12190392, DktEntry: 128, Page 6 of 6 THOMAS, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3.

Judges McKeown, Wardlaw, Berzon, Owens, Miller, Collins, Bress, and Forrest did not participate in the deliberations or vote in this case.

This matter comes before the Court on Defendants IronNet, Inc. (“IronNet”), Keith B. Alexander, James C. Gerber, and William E. Welch’s (“Defendants”) Status Report (Dkt. 67).

In their Status Report, Defendants aver that the parties participated in a mediation on March 12, 2024 and have since continued to engage in settlement negotiations.

Based on these representations, it is hereby ORDERED that the parties shall file a joint status report with the Court within 90 days of this Order.

The joint status report shall describe in detail the status of the case and the progress the parties have made to resolve this matter.

The Clerk is directed to forward copies of this Order to counsel of record.

Page1of1 Filed 03/28/24 Document196_ Case 1:23-cv-07908-DLC Document 195 Filed 03/27/24 Page 1 of3

P. 41(a)(1)(A)G), Lead Plaintiff Paul Severt hereby dismisses all claims against: Defendants Mihai Faur, Philippe Botteri, Carl Eschenbach , Michael Gordon, Thomas Mendoza, Daniel D. Springer, Lacla Sturdy, Jennifer Tejada, Richard P. Wong, Accel Partners LP, CapitalG LP, Sequoia Capital Operations, LLC, Morgan Stanley & Co. LLC, BofA Securities, Inc., Credit Suisse Securities (USA) LLC, Barclays Capital Inc., Wells Fargo Securities, LLC, SMBC Nikko Securities America, Inc., BMO Capital Markets Corp., Mizuho Securities USA LLC, KeyBanc Capital Markets Inc., TD Securities (USA) LLC,Truist Securities, Inc., Evercore Group L.L.C., Macquarie Capital (USA)Inc., Nomura Securities International, Inc. (“Nomura”), RBC Capital Markets, LLC, Cowen and Company, LLC, Canaccord Genuity LLC, D.A.

Davidson & Co., Oppenheimer & Co. Inc., and Needham & Company, LLC without prejudice.

These Defendants have not served an answer or motion for summary judgmentin this action.

Plaintiff Paul Severt’s claims against all other Defendants remain pending and are unaffected.

Inc. Securities i eee ee eeeeot x DENISE COTE, District Judge: On March 8, 2024, the defendants filed a motion to dismiss the complaint pursuant to Rule 12(b) (6), Fed. R. Civ.

P, On March 26, the plaintiff filed an amended complaint.

Accordingly, it is hereby ORDERED that the defendants’ March 8, 2024 motion shall be terminated as moot.

IT IS FURTHER ORDERED that the defendants shall respond to the amended complaint by April 16, 2024.

At the time any reply is served, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York.

Case: 19-56514, 05/24/2021, ID: 12122457, DktEntry: 127, Page 1 of 2

D.C. No. Southern District of California, San Diego

Case: 19-56514, 05/24/2021, ID: 12122457, DktEntry: 127, Page 2 of 2 Before: KLEINFELD, HURWITZ, and BUMATAY, Circuit Judges.

The amicus brief submitted on May 19, 2021, by Public Justice, P.C. is filed.

No paper copies are required at this time.