STIPULATION AND [PROPOSED] ORDER WITHDRAWING MOTION TO DISMISS FILED BY NON-PARTY VIRTUE GLOBAL HOLDINGS LIMITED (D.I. 279) AND DEFINING OPERATIVE PLEADINGS

JON S. TIGAR, District Judge.

Plaintiff and Counterclaim Defendant Shenzhenshi Haitiecheng Science and Technology Co., Ltd. ("SHST"), Non-Party Virtue Global Holdings Limited ("VGH"), and Defendants and Counterclaim Plaintiffs Rearden, LLC, Rearden Mova, LLC, MO2, LLC, and MOVA, LLC (collectively "Defendants"), by and through their respective counsel of record, in light of this Court's Order that "VGH is no longer a party to this case" (D.I. 282) hereby stipulate and agree as follows:

1. VGH withdraws VGH's Motion to Dismiss Defendants' Fraudulent Transfer Counterclaim (D.I. 279). This withdrawal is without prejudice to re-filing if Defendants bring a fraudulent transfer claim or counterclaim against VGH.

2. D.I. 100, Defendants' Answer and Amended Counterclaims filed against SHST (originally filed in redacted form as D.I. 95 on March 18, 2016) are the operative counterclaims in this matter.

3. D.I. 111, "Answer to Ownership Allegations in Amended Counterclaim," is the operative response to the unstayed operative counterclaims as to SHST only. It is deemed not a response to D.I. 95/100 on behalf of VGH.

4. This stipulation and agreement does not alter any rights of SHST.

SHST, VGH, and Defendants respectfully request an order pursuant to this stipulation.

ATTESTATION REGARDING SIGNATURES

Pursuant to Local Rule 5-1(i)(3) regarding signatures, I attest under penalty of perjury that I have on file permission to sign for VGH and SHST's counsel indicated by a conformed signature within this e-filed document.

PURSUANT TO STIPULATION, IT IS SO ORDERED.