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Re: CaptStockWolf post# 26160

Monday, 09/17/2018 1:56:27 PM

Monday, September 17, 2018 1:56:27 PM

Post# of 39810
From August 13th, 2018 stipulation filed by Plaintiffs:

On June 13, 2018, the Court issued its Order (1) Granting with Leave to Amend Defendants’ Motions to Dismiss RICO Claims in the Fourth Amended Complaint and (2) Denying Plaintiffs’ Partial Motion to Remand (the “Motion to Dismiss Order”).

Pursuant to the Court’s Motion to Dismiss Order, Plaintiffs have filed a Fifth Amended Complaint revising certain allegations in response to the Court’s statements at the March 8, 2018, hearing on Defendants’ Motions to Dismiss and the Court’s Motion to Dismiss Order.

In view of the Court’s Motion to Dismiss Order and for purposes of this stipulation and any resulting appeal only, Plaintiffs stipulate that, under the Court's Motion to Dismiss Order, Plaintiffs cannot prevail on their claims against Defendants Google and Flux in the Fifth Amended Complaint under the DTSA and RICO. Therefore, Plaintiffs stipulate and agree to the entry this stipulated order of dismissal for the purpose of enabling them to appeal the dismissal of those claims as stated in the Court's Motion to Dismiss Order. In view of this stipulation, Plaintiffs’ claims against Defendants Google and Flux in the Fifth Amended Complaint under the DTSA and RICO should be dismissed with prejudice and their state law claims against Defendants and the state law counterclaims of Defendant Google against them are remanded to the state court for lack of subject matter jurisdiction.