STIPULATION AND ORDER TO TRANSFER CASE TO THE UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA

JOHN A. MENDEZ, District Judge.

WHEREAS, on August 7, 2012, Plaintiff Virgina Krapf ("Plaintiff") filed a Verified Complaint in the United States District Court, Eastern District of California against Defendant Virtuox, Inc. ("Defendant") (collectively, referred to as the "Parties").

WHEREAS, on November 13, 2012, Defendant filed a Motion to Dismiss, or in the Alternative, to Transfer Venue to the United States District Court, Northern District of California.

WHEREAS, on January 23, 2013, Plaintiff filed an Opposition to Defendant's Motion to Dismiss, or in the Alternative, to Transfer Venue.

WHEREAS, on January 30, 2013, Defendant filed a Reply to its Motion to Dismiss, or in the Alternative, to Transfer Venue.

WHEREAS, on February 6, 2013, the Court held oral argument on Defendant's Motion to Dismiss, or in the Alternative, to Transfer Venue.

WHEREAS, the Court denied Defendant's Motion to Dismiss and took under submission its ruling on Defendant's Motion to Transfer Venue, pending briefing by the Parties on the binding arbitration provision set forth in Exhibit A to Plaintiff's Complaint.

WHEREAS, the Parties now stipulate to transfer this case to the United States District Court, Northern District of California. The parties further stipulate that any agreement to arbitrate existing between the parties, as to Plaintiff's employment-related claims as set forth in her Complaint in Case No. 2:12-cv-02071, has been mutually waived such that this matter may be adjudicated in the Northern District of California.

IT IS HEREBY STIPULATED BY AND BETWEEN ALL PARTIES that this case be transferred to the United States District Court, Northern District of California.

ORDER

GOOD CAUSE APPEARING AND PURSUANT TO STIPULATION, this case is transferred from the United States District Court, Eastern District of California to the United States District Court, Northern District of California.

IT IS SO ORDERED.