STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT CHARLES R. SCHWAB WITHOUT PREJUDICE

RICHARD SEEBORG, District Judge.

WHEREAS, on June 24, 2015, Plaintiff Francis Fleming filed a class action Complaint for Breach of Contract, Violation of Cal. Bus. & Prof. Code §17200, et seq., Intentional Misrepresentation and Omission, Negligent Misrepresentation and Omission and Aiding and Abetting (the "Complaint");

WHEREAS, the Complaint asserts claims against The Charles Schwab Corporation, Charles Schwab & Co., Inc., Charles R. Schwab, Walter W. Bettinger II and UBS Securities LLC (collectively, "Defendants") arising out of the Company's promise to provide its clients with "best execution" and its practice of routing the majority of its clients' orders to UBS;

WHEREAS, on August 21, 2015, Defendants filed motions to dismiss the Complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure;

WHEREAS, on September 25, 2015, Plaintiff filed a Consolidated Opposition to Defendants' Motions to Dismiss;

WHEREAS, the parties have conferred regarding dismissing defendant Charles R. Schwab from the Complaint and have agreed that he should be voluntarily dismissed without prejudice;

WHEREAS, the parties also agree that each party will bear its own costs;

WHEREAS, the parties agree that notice to the putative class is not required because Defendants have not answered the Complaint, Defendants' motions to dismiss are pending and this action has not yet been certified as a class action;

NOW THEREFORE, it is hereby stipulated and agreed by the parties to this Stipulation only, by and through their undersigned counsel, as follows:

1. Charles R. Schwab shall be voluntarily dismissed without prejudice;

2. The parties shall each bear their own costs and expenses and thereby waive their rights, if any, to seek costs or expenses from each other in connection with the above captioned action; and

3. Notice to the putative class is not required.

ORDER

IT IS SO ORDERED.