STIPULATION AND [PROPOSED] ORDER TAKING CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES OFF CALENDAR

SAMUEL CONTI, District Judge.

This Stipulation is entered into by and among Plaintiffs Special Situations Fund III QP, L.P., Special Situations Cayman Fund, L.P. and Wolverine Flagship Fund Trading Limited (collectively, "Plaintiffs") and Defendants H. Ravi Brar, Susie Herrmann, and Murray Jones (collectively, "Defendants"), by and through their respective counsel.

WHEREAS Plaintiffs filed a complaint in the above-captioned action on October 23, 2014 (the "Complaint") [Docket No. 1], which action was assigned to the Honorable Jacqueline S. Corley;

WHEREAS on October 24, 2014, the Honorable Jacqueline S. Corley issued an Order Setting Initial Case Management Conference and ADR Deadlines (the "Initial CMC Order") [Docket No. 8], which set January 29, 2015 as the date for an initial Case Management Conference ("CMC") and January 8, 2015 as the deadline for the parties to meet and confer and file an ADR Certification and Stipulation to ADR Process or Notice of Need for ADR Phone Conference under Civil Local Rule 16-8 and ADR Local Rule 3-5 (the "ADR Deadlines");

WHEREAS the Initial CMC Order provided that if the initial CMC was continued, the ADR Deadlines would be continued accordingly;

WHEREAS on November 26, 2014 this Court issued an Order relating the above-captioned action to In re ECOtality Securities Litigation, Case No. 13-03791-SC, and reassigning the above-captioned action to the Honorable Samuel Conti (the "Related Case Order") [Docket No. 13];

WHEREAS, on December 12, 2014, Defendants filed a motion to dismiss the Complaint, with a noticed hearing date of February 20, 2015;

WHEREAS, on December 17, 2014, this Court issued a Clerk's Notice Scheduling Case Management Conference on Reassignment (the "Second CMC Order") [Docket No. 19], which set an initial CMC for March 20, 2015, and the deadline to file a Joint Case Management Conference Statement for seven (7) days prior to the initial CMC;

WHEREAS, by continuing the initial CMC to March 20, 2015, the Second CMC Order continued the ADR Deadlines to February 27, 2015;

WHEREAS Defendants' motion to dismiss is now fully briefed, and has by text Order dated February 18, 2015 been submitted for disposition without oral argument;

WHEREAS the parties agree that participating in an initial CMC and filing submissions pursuant to the ADR Deadlines would be premature and of no benefit to the Court while Defendants' motion to dismiss is pending, and that in the interests of efficient case management and judicial economy the initial CMC and ADR Deadlines should be continued until after the Court's disposition of Defendants' motion to dismiss;

THEREFORE, pursuant to Civil Local Rule 6-2(a), the parties hereby stipulate and agree, by and through their respective counsel, as follows:

The March 20, 2015 initial Case Management Conference, the date to file a Joint Case Management Statement, and the ADR Deadlines shall be taken off calendar and shall be rescheduled by mutual agreement of the Parties and approval of the Court as appropriate upon the Court's disposition of Defendants' motion to dismiss.

IT IS SO STIPULATED.

[PROPOSED ORDER]

Pursuant to the parties' stipulation, the initial Case Management Conference currently scheduled for March 20, 2015 and the date to file a Joint Case Management Statement are hereby taken off calendar and shall be rescheduled by mutual agreement of the Parties and approval of the Court as appropriate upon the Court's disposition of Defendants' motion to dismiss. The deadline under Civil Local Rule 16-8 and ADR Local Rule 3-5 for the filing of the ADR Certification and the Stipulation to ADR Process or Notice of Need for ADR Phone Conference is hereby taken off calendar and shall be rescheduled by mutual agreement of the Parties and approval of the Court as appropriate upon the Court's disposition of Defendants' motion to dismiss.

IT IS SO ORDERED.