STIPULATION OF DISMISSAL AND ORDER

HAYWOOD S. GILLIAM, Jr., District Judge.

WHEREAS, Counsel for Defendants have represented that Defendant Jason Herman did not serve as a member of the BlackRock, Inc. Retirement Committee, the Administrative Committee of the Retirement Committee, or the Investment Committee of the Retirement Committee during the Class Period; and

WHEREAS, Counsel for Defendants have represented that Defendant Jason Herman did not act in a fiduciary capacity with respect to the BlackRock Retirement Savings Plan during the Class Period;

THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and Mr. Herman through their designated counsel that the above-captioned action should be dismissed without prejudice as to Mr. Herman pursuant to FRCP 41(a)(1)(A)(ii). The parties further stipulate that, if discovery shows that Mr. Herman did in fact serve in a fiduciary capacity relative to the facts and circumstances at issue in the case, Plaintiff reserves the right to re-name Mr. Herman as a defendant.

IT IS SO STIPULATED.

ATTESTATION

I attest that for all conformed signatures indicated by an "/s/," the signatory has concurred in the filing of this document.

ORDER

PURSUANT TO THE STIPULATION, IT IS SO ORDERED: this action is dismissed without prejudice as to Defendant Jason Herman. Plaintiff reserves the right to re-name Mr. Herman as a defendant if discovery shows that he did serve in a fiduciary capacity relative to the facts and circumstances of this case.