STIPULATION AND JOINT MOTION TO SUBSTITUTE PARTY AND [PROPOSED] ORDER

JON S. TIGAR, District Judge.

1. Pursuant to Fed. R. Civ. P. 15(a) and Fed. R. Civ. P. 25(c), Shenzhenshi Haitiecheng Science and Technology Co., Ltd. ("SHST") and Virtue Global Holdings Ltd. ("Virtue Global") desire to amend the case caption to reflect Virtue Global's new status as plaintiff in this action and to substitute parties accordingly.

2. Plaintiff's counsel represents that since this action was filed, former plaintiff in this action SHST transferred all of its interest in the MOVA Assets at issue in this case to Virtue Global.

3. Based on this representation, Defendants agree to substitution of Virtue Global as Plaintiff in this case. All rights and defenses with respect to any and all claims asserted by former plaintiff SHST are reserved and shall apply equally as against Virtue Global.

4. The parties further agree that SHST shall remain in the case as Counterclaim Defendant, and that all counterclaims presently asserted by Defendants against SHST shall continue as though pleaded against both Counterclaim Defendant SHST and plaintiff Virtue Global. This shall include the counterclaims stayed by this Court's Order Staying Obligation of Plaintiff to Respond to Defendants' Amended Counterclaims, ECF No. 86. Defendants reserve the right to assert additional counterclaims against Counterclaim Defendant SHST and plaintiff Virtue Global.

5. The parties agree that the substitution of Virtue Global for SHST will not be a basis on which SHST may object to discovery relating to ownership issues.

6. No prejudice results from substitution of the party plaintiff because the Court has not "even set a trial date yet." Transcript of Proceedings before Judge Tigar on March 2, 2016 at 8:20. Virtue Global and SHST agree not to seek additional time in the schedule based on the substitution of Virtue Global as Plaintiff.

In accordance with the foregoing,

IT IS HEREBY STIPULATED by the parties that the case caption be amended to reflect Virtue Global's new capacity as plaintiff and to identify SHST as a Counterclaim Defendant, and that the Court order a substitution of parties relative thereto.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS ORDERED that Virtue Global Holdings Limited is substituted as plaintiff in place of Shenzenshi Haitecheng Science and Technology Co., Ltd, that the case caption may be amended accordingly and to identify Shenzenshi Haitecheng Science and Technology Co., Ltd. as a Counterclaim Defendant as follows:

IT IS SO ORDERED.