STIPULATION AND ORDER TO DISMISS PLAINTIFFS' SEVENTH CAUSE OF ACTION FOR BREACH OF FIDUCIARY DUTY

HAYWOOD S. GILLIAM, JR., District Judge.

The undersigned parties to this action, by and through their undersigned counsel, hereby agree and stipulate as follows:

WHEREAS, Plaintiffs Dan Vigdor and Stephen Bradway ("Plaintiffs") included in their Fourth Amended Complaint a cause of action against Defendants Nicholas Talarico and Bret Terrill ("Defendants") for breach of fiduciary duty; and

WHEREAS, the parties have reached an agreement to resolve this cause of action for breach of fiduciary duty without the Court's further involvement.

IT IS HEREBY AGREED AND STIPULATED BY THE PARTIES that Plaintiffs voluntarily dismiss their seventh cause of action for breach of fiduciary duty with prejudice. Further, Defendants and Super Lucky Casino, Inc. ("Super Lucky") shall not use this stipulated dismissal as grounds to seek attorneys' fees, expenses, or costs regarding Plaintiffs' breach of fiduciary cause of action. Finally, Defendants and Super Lucky shall not raise before the jury the dismissal of Plaintiffs' breach of fiduciary duty cause of action and will not base a future claim/cause of action on Plaintiffs' voluntary dismissal of their breach of fiduciary cause of action.

Pursuant to Civil Local Rule 5-1(i)(3), the filer of this document attest that all signatories have concurred in its filing.

IT IS SO STPULATED.

PURSUANT TO STIPULATION, IT IS SO ORDERED.