STIPULATION AND [PROPOSED] ORDER IN SUPPORT OF ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED

(Civil L.R. 3-12)

RICHARD SEEBORG, District Judge.

WHEREAS there are two shareholder class actions and three shareholder derivative actions pending in the U.S. District Court for the Northern District of California and arising out of a common set of facts. These actions are:

WHEREAS, pursuant to Civil Local Rule 3-12, plaintiff Melvin Brenner has filed concurrently herewith an administrative motion to consider whether the Brenner Action should be deemed related to the previously-filed Bristow, Patel, Stern, and Moscone Actions and reassigned to the Honorable Richard Seeborg;

WHEREAS the Brenner Action arises from the substantially similar facts and circumstances as the Bristow, Patel, Stern, and Moscone Actions;

WHEREAS it appears likely that there will be an unduly burdensome duplication of labor and expense or conflicting results if these cases are conducted before different judges; and

WHEREAS, defendants have not yet responded to the complaints in any of these actions;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among counsel for the undersigned parties, subject to approval of the Court, that the Brenner Action should be deemed related to the previously-filed Bristow, Patel, Stern, and Moscone Actions and reassigned to the Honorable Richard Seeborg.

I, George C. Aguilar, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order in Support of Administrative Motion to Consider Whether Cases Should Be Related. In compliance with Civil L.R. 5-1(i), I hereby attest that concurrence in the filing of this document has been obtained from each of the other signatories.

PURSUANT TO STIPULATION, IT IS SO ORDERED.