Cress v. Nexo Financial LLC et al

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NOTICE OF SETTLEMENT AND JOINT STIPULATION AND PROPOSED ORDER
Max Ambrose (SBN 320964)
maxambrose@taylorcopelandlaw.com
James Taylor-Copeland (SBN 284743)
james@taylorcopelandlaw.com
TAYLOR-COPELAND LAW
501 W. Broadway, Suite 800
San Diego, CA 92101
Telephone: 619-734-8770
Facsimile: 619-566-4341
Attorneys for Plaintiff John Cress
Ian S. Shelton (SBN 264863)
BAKER & MCKENZIE LLP
ian.shelton@bakermckenzie.com
10250 Constellation Boulevard, Suite 1850
Los Angeles, CA 90067
Phone: (310) 299-8535
Fax: (310) 201-4721
Matthew C. Rawlinson (admitted pro hac vice)
BAKER & MCKENZIE LLP
matthew.rawlinson@bakermckenzie.com
800 Capitol, Suite 2100
Houston, Texas 77002
Phone: (713) 427-5000
Fax: (713) 427-5067
Attorneys for Defendant Nexo Capital, Inc.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
JOHN CRESS,
Plaintiff,
vs.
NEXO CAPITAL, INC.
Defendant.
CASE NO. 3:23-cv-00882-TSH
NOTICE OF COMPLETION OF
SETTLEMENT
NOTICE OF WITHDRAWAL OF
MOTIONS
JOINT STIPULATION AND [PROPOSED]
ORDER STRIKING PRIVILEGED
MATERIAL AND MOOT SUMMARY
JUDGMENT FILINGS FROM DOCKET,
DENYING ALL PENDING MOTIONS AS
MOOT, AND VACATING ALL
REMAINING CASE DEADLINES
Case 3:23-cv-00882-TSH Document 173 Filed 09/29/26 Page 1 of 6

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NOTICE OF SETTLEMENT AND JOINT STIPULATION AND PROPOSED ORDER
STIPULATION
Plaintiff John Cress (“Cress”) and Defendant Nexo Capital, Inc. (“Nexo”) (collectively, the
“Parties”), by and through their undersigned counsel, hereby provide notice of completion of
settlement of the action and jointly stipulate and request that the Court take the following actions to
effectuate that settlement:
1. 	On August 7, 2026, the Parties filed cross-motions for summary judgment and related filings
(ECF 150-156, 162, 165). Opposition briefs were originally due on September 25, and reply
briefs were due on October 14 (ECF 169).
2. 	On September 15, 2026, the Parties participated in a mediation before the Hon. Gary Feess
(Ret.) in San Francisco.
3. 	On September 25, 2026, the Parties filed a notice of settlement and a joint stipulation and
proposed order extending summary judgment deadlines to effectuate settlement, which the
Court granted (ECF 171).
4. 	The Parties have now taken the steps necessary to complete the settlement.
5. 	Pursuant to Local Rule 7-7(e), the Parties hereby withdraw the following summary judgment
and related motions: ECF 150, 151, 153, 154, 155, and 156.
6. 	The Parties jointly request that the Court strike from the docket Exhibits 51 and 79 to
Plaintiff’s Motion for Summary Judgment (ECF 155-53 and 155-81), and the pleadings that
reference or quote them (ECF 162-3 and 162-4), because Nexo asserts the document is
privileged, that the two exhibits 51 and 79 are the same document, NEXO-0209373, and that
the document contains mental impressions of Nexo’s outside counsel concerning an SEC
inquiry and Nexo’s planned call with the SEC.
7. 	Nexo has informed Cress that it believes NEXO-0209373 duplicates a document Nexo
clawed back on March 9, 2026. Cress did not identify it as a duplicate, takes no position on
whether the documents are duplicates, and does not oppose Nexo's request.
8. 	Exhibits 51 and 79 are provisionally filed under seal as ECF 155-53 and 155-81 and have
not yet been publicly filed. However, those documents are referenced and quoted within
Case 3:23-cv-00882-TSH Document 173 Filed 09/29/26 Page 2 of 6

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NOTICE OF SETTLEMENT AND JOINT STIPULATION AND PROPOSED ORDER
Plaintiff’s Motion for Summary Judgment and Statement of Undisputed Material Facts (ECF
162-3 and 162-4).
9. 	Additionally, the Parties jointly request that the Court strike from the docket the Parties’
moot summary judgment filings. Because those motions and related filings are now moot
and will not be adjudicated, the public has no continuing interest in them. Furthermore, while
the summary judgment filings might not have satisfied the stringent sealing standard, they
still contain sensitive, personal, and non-public information that the Parties do not wish to
be publicly accessible now that the matter is resolved.
10. If the Court strikes as moot all summary judgment filings, that order would include the
privileged information referenced above.
11. The Parties are not requesting that the Court strike any court order.
12. After the Court rules on the present stipulation and proposed order, the Parties anticipate
promptly filing a stipulation of dismissal with prejudice pursuant to Rule 41.
13. The Parties request that the Court deny all pending motions as moot, and vacate all remaining
case deadlines.
NOW, 	THEREFORE, 	IT 	IS 	STIPULATED 	AND 	AGREED, 	SUBJECT 	TO 	THE
APPROVAL OF THE COURT:
1. 	The Clerk is instructed to strike, and disable public access, for the following primary docket
entries and all attachments to those docket entries:
a. 	ECF 150 and ECF 150-1 through 150-6.
b. 	ECF 151 and ECF 151-1 through 151-6.
c. 	ECF 152 and ECF 152-1 through 152-16.
d. 	ECF 153 and ECF 153-1 through 153-10.
e. 	ECF 154 and ECF 154-1 through 154-117.
f. 	ECF 155 and ECF 155-1 through 155-107.
g. 	ECF 156 and ECF 156-1 through 156-35.
h. 	ECF 162 and ECF 162-1 through 162-83.
Case 3:23-cv-00882-TSH Document 173 Filed 09/29/26 Page 3 of 6

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NOTICE OF SETTLEMENT AND JOINT STIPULATION AND PROPOSED ORDER
i. 	ECF 165 and ECF 165-1 through 165-11.
2. 	All pending motions are denied as moot. With respect to any pending administrative motions
related to sealing, no further documents referenced in such motions need to be filed.
3. 	All remaining case deadlines are vacated.
IT IS SO STIPULATED.
Dated: September 28, 2026 	BAKER & MCKENZIE LLP
By: /s/ Ian S. Shelton__________________
Ian. S. Shelton
Attorneys for Defendant Nexo Capital Inc.
Dated: September 28, 2026 	TAYLOR-COPELAND LAW
By: /s/ James Taylor-Copeland___________
James Taylor-Copeland
Attorneys for Plaintiff John Cress
Case 3:23-cv-00882-TSH Document 173 Filed 09/29/26 Page 4 of 6

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NOTICE OF SETTLEMENT AND JOINT STIPULATION AND PROPOSED ORDER
ATTESTATION
Pursuant To Civil Local Rule 5-1(i)(3) regarding signatures, I attest that concurrence in the
filing of this document has been obtained from the other signatories.
Dated: September 28, 2026 	BAKER & MCKENZIE LLP
By: /s/ Ian S. Shelton
Ian. S. Shelton
Attorneys for Defendant Nexo Capital Inc.
Case 3:23-cv-00882-TSH Document 173 Filed 09/29/26 Page 5 of 6

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NOTICE OF SETTLEMENT AND JOINT STIPULATION AND PROPOSED ORDER
ORDER
Pursuant to stipulation, IT IS SO ORDERED.
Dated: September _29, 2026
HON. THOMAS S. HIXSON
UNITED STATES MAGISTRATE JUDGE
Case 3:23-cv-00882-TSH Document 173 Filed 09/29/26 Page 6 of 6