PLEASE TAKE NOTICE that upon the accompanying Memorandum of Christopher

Ferguson joining the Memorandum of Points and Authority in Support of Howard Lederer’s Motion to Dismiss the Verified First Amended Complaint and the supporting exhibits thereto, Christopher Ferguson will move this Court as soon as counsel may be heard for an Order dismissing the Verified First Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.