STIPULATION AND ORDER TO CONTINUE STATUS (PRETRIAL SCHEDULING) CONFERENCE

GARLAND E. BURRELL Jr., District Judge.

Plaintiff MVP Asset Management (USA) LLC, by and through its counsel of record, and specially appearing defendants Jeff Balliet; Allison Hanslik, Vestbirk Capital Management, Ltd.; Ark Royal Asset Management, LLC; Ark Discovery, LLC; Ark Royal Holdings, LLC; Ark Royal Services, LLC; Ark Royal Capital, LLC; Ark Royal Capital Funding, LLC; Ark Royal Capital, Inc.; Ark Royal Resources, LLC; Ark Royal Assurance LLC; and Ark Royal Investments, LLC ("Specially Appearing Defendants"), by and through their counsel of record, hereby submit the following Stipulation to Continue the Status (Pretrial Scheduling) Conference:

1. WHEREAS, the Complaint in this matter was filed September 15, 2010. Pursuant to an Order filed that date, the Court set a Status (Pretrial Scheduling) Conference for February 14, 2011;

2. WHEREAS, service of process of the original complaint is not complete. Pursuant to an Order entered January 12, 2011, Plaintiff received an extension of time to and including March 14, 2011, to serve defendant Jim Granat. Efforts to serve Steven Vestbirk, a foreign defendant, are ongoing;

3. WHEREAS, Plaintiff represents that Specially Appearing Defendants were served in early January 2011 (with service dates of January 6 and January 10, 2011);

4. WHEREAS, Specially Appearing Defendants have not yet responded to the Complaint, and hereby appear specially in connection with this Stipulation to Continue the Status (Pretrial Scheduling) Conference. By entry into this Stipulation, Specially Appearing Defendants reserve, and do not waive, all potential defenses, including those as to jurisdiction, service and venue, and such other defenses as may be available under Rule 12 of the Federal Rules of Civil Procedure or otherwise;

5. WHEREAS, Plaintiff agreed to Specially Appearing Defendants' request for an extension of time to February 24, 2011, to respond to the Complaint, as reflected in the Stipulation filed with the Court on January 20, 2011;

6. WHEREAS, Specially Appearing Defendants have represented to Plaintiff that they intend to respond to the Complaint with a Motion to Dismiss brought pursuant to Rule 12 of the Federal Rules of Civil Procedure. As Plaintiff's Complaint includes a claim for federal securities fraud, the filing of this motion will impose an automatic stay on discovery (15 U.S.C. § 78u-4(b)(3));

7. WHEREAS, Plaintiff and Specially Appearing Defendants also continue discussions in an effort to resolve or narrow the claims and issues in dispute in the action; and

8. WHEREAS, Plaintiff and Specially Appearing Defendants submit that a continuance of the Status (Pretrial Scheduling) Conference by at least sixty (60) days will conserve the resources of the parties and the Court and promote judicial economy, as Defendants have only just been served, two other individual defendants have not yet been served, and the pleadings have not been finalized, pending the filing and ruling upon of Specially Appearing Defendants' anticipated Rule 12 Motions to Dismiss and further discussions between the parties regarding possible resolution, limitation or narrowing of the claims and issues in dispute in the action.

NOW, THEREFORE, Plaintiff and Specially Appearing Defendants, by and through their respective counsel of record, hereby stipulate as follows:

1. That the Status (Pretrial Scheduling) Conference, presently set for February 14, 2011, be continued approximately 60 days or to such other time as the Court may order.

IT IS SO STIPULATED.

ORDER

The Status (Pretrial Scheduling) Conference, presently set for February 14, 2011, is continued to April 11, 2011, at 9:00 a.m. A joint status report shall be filed fourteen days prior to the hearing.

IT IS SO ORDERED.