CHARLES R. BREYER, District Judge.
Lead Plaintiff James Myers ("Myers") and Defendants Ekso Bionics Holdings, Inc., Thomas Looby, and Maximilian Scheder-Bieschin ("Defendants"), by and through their undersigned counsel, hereby agree and stipulate as follows:
WHEREAS, on January 10, 2018, Plaintiff Steven G. Cheehy ("Cheehy") commenced the above-captioned action, (the "Cheehy Action"), against Defendants.
WHEREAS, on January 2, 2018, Rimon Bekhet ("Bekhet") filed an action, captioned Bekhet v. Ekso Bionics Holdings, Inc., No. 1:18-cv-00001 in the United States District Court for the Eastern District of New York.
WHEREAS, on June 15, 2018, this Court appointed James Myers ("Myers") as Lead Plaintiff on behalf of a putative class of purchasers of Ekso Bionics Holdings, Inc. securities.
WHEREAS, on August 14, 2018, Myers filed his Consolidated Amended Class Action Complaint against Defendants.
WHEREAS, On October 15, 2018, Defendants filed a Motion to Dismiss Lead Plaintiff's Consolidated Amended Complaint (Dkt. No. 43);
NOW THEREFORE, the Parties hereby STIPULATE and AGREE as follows:
1. Myers will forego filing an opposition to Defendants' Motion to Dismiss Lead Plaintiff's Consolidated Amended Complaint.
2. All parties will bear their own costs and expenses relating to this Case, including attorneys' fees.
3. This matter is dismissed with prejudice as to Lead Plaintiff James Myers and as to plaintiffs Bekhet and Cheehy.
PURSUANT TO STIPULATION, IT IS SO ORDERED