JOINT STIPULATION TO RELATE CASES AND REASSIGN CASE TO THE HONORABLE ANDREW P. GORDON; ORDER

(To be related to Case No. 2:18-CV-01758-APG-PAL)

ANDREW P. GORDON, District Judge.

WHEREAS, on April 24, 2018, Daniel Checkman filed the Class Action Complaint in Daniel Checkman v. Allegiant Travel Company, et al. (Case No. 2:18-cv-01758-JFW-AS) ("Checkman") in the U.S. District Court for the Central District of California (the "Central District"), alleging violations of Sections 10(b) and 20(a) of the Securities and Exchange Act of 1934 in connection with the Defendants' statements concerning Allegiant's alleged safety practices;

WHEREAS, on July 20, 2018, Charles Blackburn filed the Shareholder Derivative Complaint in Charles Blackburn v. Maurice J. Gallagher, Jr., et al. (Case No. 2:18-cv-06296-GW-SSx) ("Blackburn") in the Central District, alleging violations of Defendants' fiduciary duties as members of Allegiant's Board of Directors and alleging conduct that overlaps factually with the allegations in Checkman;

WHEREAS, on September 11, 2018, the Honorable John F. Walter of the Central District issued an Order in Checkman granting the parties' joint stipulation to transfer venue to the U.S. District Court for the District of Nevada (the "District of Nevada");

WHEREAS, on September 11, 2018, Checkman was assigned to the Hon. Andrew P. Gordon;

WHEREAS, on September 26, 2018, Mark Fullenkamp filed the Shareholder Derivative Complaint in Mark Fullenkamp v. Maurice J. Gallagher, Jr., et al. (Case No. 2:18-cv-01864-GMN-CWH) ("Fullenkamp") in the District of Nevada, alleging violations of Defendants' fiduciary duties as members of Allegiant's Board of Directors and alleging conduct that is factually and legally related to the allegations in Checkman and Blackburn;

WHEREAS, on September 26, 2018, Fullenkamp was assigned to the Hon. Gloria M. Navarro;

WHEREAS, on October 10, 2018, the Honorable George H. Wu of the Central District issued an Order in Blackburn granting the parties' joint stipulation to transfer venue to the District of Nevada;

WHEREAS, on October 12, 2018, Blackburn was assigned to Judge Gordon;

WHEREAS, on December 23, 2018, the parties in Fullenkamp and Blackburn filed a joint stipulation to consolidate the two derivative actions;

WHEREAS, on January 8, 2019, the Defendants in Checkman, Blackburn, and Fullenkamp filed three Notices of Related Cases to relate Checkman, Blackburn, and Fullenkamp;

WHEREAS, on January 8, 2019, Blackburn and Fullenkamp were consolidated as In re Allegiant Travel Co. Stockholder Derivative Litigation (Case No. 2:18-cv-1864-GMN-CWH) (the "Consolidated Derivative Action") and reassigned to Judge Navarro;

WHEREAS, on April 8, 2019, the Plaintiffs in the Consolidated Derivative Action filed a Verified Consolidated Stockholder Derivative Complaint;

WHEREAS, in Checkman, Defendants' motion to dismiss is fully briefed;

WHEREAS, on May 13, 2019, in the Consolidated Derivative Action the Court granted the parties' joint stipulation for a limited stay of proceedings pending Judge Gordon's ruling on the motion to dismiss in Checkman;

WHEREAS, the Court has not yet ruled on the Notices of Related Cases filed on January 8, 2019;

WHEREAS, the Plaintiffs in the Consolidated Derivative Action agree that the action contains factual contentions that overlap with the allegations in Checkman, and the administration of justice would be best served by having the same judicial officer — Judge Gordon — assigned to both Checkman and the Consolidated Derivative Action;

WHEREAS, this stipulation is not a waiver of any of the parties' rights, remedies, claims, or defenses.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, and upon approval and entry by the Court shall be ORDERED, as follows:

IT IS SO STIPULATED.

ORDER

IT IS HEREBY ORDERED that, pursuant to the parties' Stipulation, Case No. 2:18-cv-1864-GMN-DJA shall be reassigned to Judge Andrew P. Gordon.

IT IS FURTHER ORDERED that Case No. 2:18-cv-1864-GMN-DJA and Case No. 2:18-cv-1758-APG-BNW shall be identified as related cases in their respective dockets.

IT IS SO ORDERED.