STIPULATION TO TRANSFER CASE TO THE SOUTHERN DISTRICT OF NEW YORK AND (PROPOSED) ORDER THEREON

JON S. TIGAR, District Judge.

Plaintiff, The Wave Studio, LLC ("Plaintiff"), and Defendant Visa Inc. ("Visa"), by and through their attorneys of record hereby agree and stipulate as follows:

The Parties stipulate that the above-captioned proceeding shall be transferred to the Southern District of New York. Visa believes this case is related to litigation currently pending before Hon. Cathy Seibel and Hon. Paul E. Davison of the Southern District of New York, styled The Wave Studio, LLC v. General Hotel Management, et al., Case No. 7:13-cv-09239-CS-PED (S.D.N.Y.)(the "GHM Action") and should therefore be consolidated with the GHM Action. Plaintiff denies this action is related to the GHM Action. The parties agree that the transfer stipulated here is without prejudice as to the issue of consolidation with the GHM Action and that upon transfer to the Southern District of New York, Visa may seek to file a motion to consolidate this action with the GHM Action.

THEREFORE, THE PARTIES HEREBY STIPULATE that this action be transferred to the Southern District of New York.

IT IS SO STIPULATED.

ATTESTATION OF CONCURRENCE

I, Vijay K. Toke, attest that I am one of the attorneys for Plaintiff The Wave Studio, LLC, a New York limited liability company, and, as the ECF user and filer of this document, I attest that, pursuant to United States District Court, Northern District of California Civil L.R. 5-1(i)(3), concurrence in the filing of this document has been obtained from Jonathan W. Fountain, the above signatory.