STIPULATION AND [PROPOSED] ORDER REGARDING SERVICE OF THE FIRST AMENDED CLASS ACTION COMPLAINT; SETTING A SCHEDULE FOR DEFENDANTS TO MOVE TO TRANSFER VENUE; AND PRESERVING ALL DEFENSES

VINCE CHHABRIA, District Judge.

Plaintiffs John Nypl, Lisa McCarthy, MAD Travel, Inc. a.k.a. Travel Leaders, Valarie Jolly, Go Everywhere, Inc., William Rubinsohn d.b.a. Rubinsohn Travel (collectively, "Plaintiffs"); and Defendants J.P. Morgan Chase & Co., J.P. Morgan Chase N.A., Bank of America NA, HSBC Finance Corporation, HSBC Bank USA, HSBC North America Holdings, Inc., HSBC Holdings plc, Citigroup, Inc., UBS AG, Barclays PLC, Royal Bank of Scotland (collectively, "Defendants"), so as to conserve both party and judicial resources, by and through their respective counsel, hereby stipulate as follows:

WHEREAS, Plaintiff Nypl filed a class action complaint for violations of the Sherman Act, the California Cartwright Act, and the California Unfair Competition Law (the "Complaint") on May 21, 2015;

WHEREAS, the Plaintiffs filed the first amended class action complaint for violations of the Sherman Act (the "First Amended Complaint") on June 11, 2015;

WHEREAS, on May 28, 2015, the Court entered an Order directing the parties to file a Joint Case Management Statement by August 18, 2015, and to appear for a Case Management Conference at 10:00 am on August 25, 2015;

WHEREAS, none of the Defendants in this action has been served with the Complaint or with the First Amended Class Action Complaint;

WHEREAS, Defendants assert that class actions based on similar allegations are pending before the Honorable Lorna G. Schofield in the United States District Court for the Southern District of New York under the caption In re Foreign Exchange Benchmark Rates Antitrust Litigation, Case No. 13-cv-7789;

WHEREAS, after the Defendants are served with the First Amended Class Action Complaint, the Defendants intend to move to transfer venue from this Court to the United States District Court for the Southern District of New York pursuant to 28 U.S.C. § 1404 or § 1406 for this action to be consolidated with the In re Foreign Exchange Benchmark Rates Antitrust Litigation, Case No. 13-cv-7789, and the Plaintiffs intend to oppose Defendants' motions;

WHEREAS, the Defendants wish to clarify that by entering into this Stipulation and by moving to transfer venue, they do not waive any defense or motion under Fed. R. Civ. P. 12, including motions challenging jurisdiction and the sufficiency of the complaint;

AND WHEREAS, the Plaintiffs and Defendants have conferred and agreed that pursuant to and in consideration for the terms of this Stipulation, and subject to the Court's approval (1) counsel for Defendants will accept service of the First Amended Complaint on behalf of their client(s); (2) no Defendant waives any defense, including personal jurisdiction, by entering into this Stipulation or moving to transfer venue; (3) all deadlines for Rule 12 motions or responsive pleadings are stayed pending the resolution of the Defendants' motions to transfer venue; (4) Defendants do not waive their right to file any Rule 12 motions in this action after motions to transfer venue have been decided; and (5) if the Court denies the Defendants' motions to transfer venue, the parties will confer to establish a mutually agreeable schedule for Defendants to either move to dismiss or respond to the First Amended Complaint.

THEREFORE, THE PARTIES, BY AND THROUGH THEIR RESPECTIVE UNDERSIGNED COUNSEL, HEREBY STIPULATE, AND THE COURT ORDERS AS FOLLOWS:

1. Service of the First Amended Complaint on the Defendants shall be effective as of the date of the entry of the Order granting this Stipulation. Neither the Defendants' acceptance of such service nor the Defendants' agreement to this Stipulation shall constitute a waiver of any other defense, including, but not limited to the defense of lack of personal jurisdiction.

2. All deadlines for the Defendants to respond to the First Amended Complaint shall be stayed pending resolution of the Defendants' motions to transfer venue. Defendants have not waived their right to file any Rule 12 motions in this action.

3. The Defendants' motions to transfer venue must be filed no later than 20 days after the entry of this Order. Such motions will be noticed for hearing, pursuant to Civil Local Rule 7-3, on the first mutually agreeable hearing date after filing of the motions.

4. If the Court denies the Defendants' motions to transfer venue, the parties will confer and propose a mutually agreeable schedule to the Court for Defendants to either move to dismiss or respond to the First Amended Complaint.

5. The case management conference is rescheduled to October 27, 2015. The case management statement is due 7 days before the CMC.

PURSUANT TO STIPULATION, IT IS SO ORDERED.