STIPULATION AND ORDER OF VOLUNTARY DISMISSAL UNDER FRCP 41

RICHARD SEEBORG, District Judge.

Lead Plaintiff Arnold Keijzer ("Plaintiff") and defendants Zogenix, Inc., Stephen J. Farr and Michael P. Smith (collectively, "Defendants"), and hereby stipulate as follows:

WHEREAS, this action was filed on April 12, 2019;

WHEREAS, pursuant to the Private Securities Litigation Reform Act, Arnold Keijzer was appointed as Lead Plaintiff, and Levi & Korsinsky LLP was appointed as Lead Plaintiff's Counsel, on July 19, 2019 (Dkt. No. 38);

WHEREAS, Plaintiff filed the First Amended Complaint for Violations of the Federal Securities Laws on September 10, 2019 (Dkt. No. 42);

WHEREAS, Defendants filed a Motion to Dismiss Plaintiff's Amended Complaint on October 4, 2019 (Dkt. No. 47);

WHEREAS, this Court entered an order Granting in Part and Denying in Part Requests for Incorporation by Reference and Dismissing the Complaint with Leave to Amend by February 17, 2020 (Dkt. No. 57);

WHEREAS, Plaintiff wishes to dismiss this action pursuant to the terms of this Stipulation;

WHEREAS, no class has been certified in this action, no compensation or consideration has been or will be paid to Plaintiff, and no agreements or promises have been made other than what is expressly reflected in this Stipulation; THEREFORE, the parties hereby stipulate and respectfully request that:

1. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the Parties jointly stipulate to the voluntary dismissal of the Action;

2. The Action shall be dismissed with prejudice as to Plaintiff;

3. The Action shall be dismissed without prejudice as to all other putative class members;

4. Because the dismissal is with prejudice as to Plaintiff only, and not as to any members of the putative class, notice of this dismissal is not required; and the Action.

Pursuant to Civil Local Rule 5-1(i)(3), all signatories concur in the filing of this stipulation.

PURSUANT TO STIPULATION, IT IS SO ORDERED: