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Bourque v. Lee

United States District Court, D. Nevada

May 31, 2018

DENIS BOURQUE, Derivatively on behalf of Nominal Defendant,
v.
JOHN ROBERT LEE, STEVE ROBERTS, JONATHAN TONDEUR, and EDWARD YEW, Defendants, ZOOMPASS HOLDINGS, INC., Plaintiff, and ZOOMPASS HOLDINGS, INC. Nominal Defendant.

          MCDONALD CARANO, LLP Pat Lundvall, Esq. Nevada Bar No. 3761, PATTERSON BELKNAP WEBB & TYLER LLP, James V. Masella, III Jesse A. Townsend Attorneys for Defendants John Robert Lee, Steve Roberts, Edward Yew, and Jonathan Tondeur, and for Nominal Defendant Zoompass Holdings, Inc.

          MUEHLBAUER LAW OFFICE, LTD. Andrew R. Muehlbauer, Esq., Sean P. Connell, Esq. Nevada Bar No. 7311, POMERANTZ LLP, Gustavo F. Bruckner Gabriel Henriquez Attorneys for Plaintiff Denis Bourque

          STIPULATION AND [PROPOSED] ORDER CONCERNING SERVICE OF PROCESS AND STAYING PROCEEDINGS

          C.W. HOFFMAN, JR., UNITED STATES MAGISTRATE JUDGE

         WHEREAS Plaintiff Denis Bourque (“Plaintiff”) filed his Complaint on March 23, 2018, in the Eighth Judicial District Court for Clark County of the State of Nevada, in which he alleged, among other things, breaches of fiduciary duty, unjust enrichment, and waste of corporate assets derivatively on behalf of Nominal Defendant Zoompass Holdings, Inc. (the “Nominal Defendant”) against Defendants John Robert Lee, Steve Roberts, Edward Yew, and Jonathan Tondeur (collectively, the “Individual Defendants, ” and together with the Nominal Defendant, the “Defendants”);

         WHEREAS the Individual Defendants filed a Notice of Removal to this Court on April 27, 2018;

         WHEREAS the Individual Defendants filed an Amended Notice of Removal on May 1, 2018;

         WHEREAS Plaintiff does not object to the Removal of the matter pursuant to the terms of this Stipulation;

         WHEREAS pending before the United States District Court for the District of New Jersey is Patel v. Zoompass Holdings, Inc., 2:17-cv-03831 (the “Securities Class Action”), a putative class action alleging violations of the Securities Exchange Act of 1934 and regulations promulgated thereunder;

         WHEREAS the plaintiff in the Securities Class Action filed an Amended Complaint on November 20, 2017, the defendants therein filed a Motion to Dismiss the Amended Complaint on January 19, 2018, an opposition thereto was filed on March 20, 2018, and a reply in support thereof was filed on April 19, 2018;

         WHEREAS pending before the United States District Court for the District of Nevada, the Honorable Andrew P. Gordon presiding, is Kluge v. Lee, 2:17-cv-02578, filed on October 4, 2017 and consolidated with Johnson v. Lee, 2:17-cv-2949 (the “2017 Derivative Action”), a putative derivative action on behalf of Nominal Defendant alleging, among other things, breach of fiduciary duty;

         WHEREAS the parties in the 2017 Derivative Action have stipulated to, and the Court has so-ordered, a stay of proceedings in that case;

         WHEREAS Plaintiff's Complaint in the above-captioned matter alleges certain misconduct that is similar to the misconduct alleged in the Securities Class Action and the 2017 Derivative Action; and

         WHEREAS Plaintiff, the Individual Defendants, and the Nominal Defendant wish to promote the efficient and orderly administration of justice by coordinating the above-captioned derivative matter and the 2017 Derivative Action with the Securities Class Action while simultaneously litigating the Securities Class Action.

         NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the Plaintiff, the Individual ...


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