JOINT STIPULATION TO FILE PLAINTIFF VMWARE'S AMENDED COMPLAINT AND WITHDRAW DEFENDANT RACHEL SCHULTZ'S PARTIAL MOTION TO DISMISS

EDWARD J. DAVILA, District Judge.

Plaintiff VMware, Inc., and defendant Rachel Schultz (collectively, the "Parties") file this joint stipulation to withdraw the partial motion to dismiss filed by Ms. Schultz on June 23, 2016 in light of Plaintiff's filing of its First Amended Complaint pursuant to Rule 15(a)(1)(B) of the Federal Rules of Civil Procedure.

WHEREAS, on May 11, 2016, VMware filed a Complaint asserting a cause of action for violation of California's Unfair Competition Law (ECF No. 1);

WHEREAS, on June 23, 2016, Ms. Schultz filed a partial motion to dismiss (ECF No. 14) the above-referenced cause of action (ECF No. 14);

WHEREAS, in the spirit of compromise and to avoid burdening the Court, VMware has prepared an Amended Complaint, a copy of which is attached as Exhibit 1 to this stipulation, that it has agreed to file in this action as a matter of course pursuant to Rule 15(a)(1)(B);

WHEREAS, the Parties agree that the Amended Complaint moots the arguments raised in Ms. Schultz's partial motion to dismiss;

THEREFORE, IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES that, by the filing of this stipulation, Ms. Schultz hereby withdraws the partial motion to dismiss filed on June 23, 2016 (ECF No. 14), provided that VMware files its Amended Complaint within the time proscribed by Rule 15(a)(1)(B).

ATTESTATION

I, Arturo J. González, am the ECF User whose ID and Password are being used to file this document. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that David R. Burtt concurs in this filing.