PEGGY A. LEEN, Magistrate Judge.
Plaintiff Sipda Revocable Trust ("Plaintiff") and Defendants the Parking REIT, Inc., Michael V. Shustek, Robert J. Aalberts, David Chavez, John E. Dawson, Shawn Nelson, Nicholas Nilsen and Allen Wolff ("Defendants") (collectively, the "Parties"), hereby stipulate and agree as follows:
WHEREAS, on March 12, 2019, Plaintiff filed the complaint (the "Sipda Complaint") in the above-captioned action (the "Action"), a putative class action arising under the Securities Exchange Act of 1934, including the Private Securities Litigation Reform Act of 1995 (the "PSLRA"), 15 U.S.C. § 78u-4, against Defendants;
WHEREAS, it is possible that additional related actions also arising under the Exchange Act and the PSLRA may be filed in this or other United States District Courts against the same Defendants and asserting substantially similar allegations (the "Potential Related Actions");
WHEREAS, there may be a motion or stipulation to consolidate such Potential Related Actions into a single action before this Court;
WHEREAS, pursuant to the PSLRA, on March 13, 2019, Plaintiff's counsel caused a notice of pendency to be published on Globe Newswire announcing the filing of this Action, and further informing potential class members that motions for appointment as lead plaintiffs are due to be filed in connection with this Action by no later than May 13, 2019;
WHEREAS, pursuant to the PSLRA, the Court must "[a]s soon as practicable," appoint a lead plaintiff who is "most capable of adequately representing the interests of class members," 15 U.S.C. § 78u-(a)(3)(B)(i)-(ii);
WHEREAS, the Court-appointed lead plaintiff will select lead counsel, subject to the Court's approval, 15 U.S.C. § 78u-4(a)(3)(B)(v), and identify an operative complaint or file a consolidated complaint that becomes the operative complaint;
WHEREAS, on March 14, 2019, Defendants waived service of the Sipda Complaint, such that the time to respond to the Sipda Complaint has begun to run; and
WHEREAS, the parties agree that in the interests of judicial economy, conservation of time and resources, and orderly management of this action, Defendants should not answer or otherwise respond to the Action until after (i) a lead plaintiff and lead counsel are appointed by the Court pursuant to the PSLRA, (ii) such lead plaintiff designates or serves an operative complaint, and (iii) lead plaintiff and Defendants have conferred in good faith concerning a schedule for Defendants to respond to the operative complaint and a scheduling order has been entered by the Court;
IT IS HEREBY STIPULATED THAT: