Stipulation,Agreement: CODY KERNS ET AL VS FXWINNING, LTD. ET AL

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                                Filing # 186645510 E-Filed 11/21/2023 06:38:16 PM


                                                                IN THE CIRCUIT COURT OF THE 11TH
                                                                JUDICIAL CIRCUIT IN AND FOR
                                                                MIAMI-DADE COUNTY, FLORIDA

                                                                CIRCUIT CIVIL DIVISION

                                                                CASE NO.: 2023-020202-CA-01

        CODY KERNS, an individual, et al.,

                Plaintiffs,

        v.

        FXWINNING, LTD., et al.,

                Defendants.
                                                                /

               JOINT STIPULATION FOR STAY OF CASE SOLELY AS TO PLAINTIFFS
                 AND DEFENDANTS JULIAN KUSCHNER AND JONATHAN LOPEZ

                Plaintiffs, Cody Kerns, Kerns Capital Management, Inc., and WFTMB Holdings, LLC

        (collectively, “Plaintiffs”), and Defendants, Julian Kuschner (“Kuschner”) and Jonathan Lopez

        (“Lopez”), by and through their respective undersigned counsel, hereby file this joint stipulation

        for stay of case solely as it relates to them and, in support, state as follows:

                1.      Plaintiffs and two of the seven Defendants, Kuschner and Lopez, have reached a

        confidential settlement as it relates to them only.

                2.      To afford the Plaintiffs, Kuschner, and Lopez with the time necessary to effectuate

        the confidential terms of the settlement including finalization of the agreement, they stipulate to a

        brief stay of this litigation solely as to them until January 31, 2024, so as to not incur unnecessary

        expense or unnecessarily burden the Court’s or parties’ resources.




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       3.      This limited stay is only between Plaintiffs and Defendants, Kuschner and Lopez,

and will not impact any other Defendant. Indeed, for avoidance of doubt, this stay is not as to the

remaining Defendants.

       WHEREFORE, Plaintiffs, Cody Kerns, Kerns Capital Management, Inc., and WFTMB

Holdings, LLC, and Defendants, Julian Kuschner and Jonathan Lopez, respectfully request that

this Court enter an Order staying this litigation as to Plaintiffs and Defendants, Julian Kuschner

and Jonathan Lopez, only, and for such other and further relief as this Court deems just and

appropriate.

Dated: November 21, 2023                             Respectfully Submitted,

 WHITE & CASE LLP                                     SANCHEZ FISCHER LEVINE, LLP
 200 S. Biscayne Blvd., Suite 4900                    1200 Brickell Avenue, Suite 750
 Miami, Florida 33131-2352                            Miami, FL 33131
 Telephone: (305) 995-5259                            Tel: (305) 942-9947
 Facsimile: (305) 358-5744

 By: /s/ Zachary Dickens                              By: /s/ David M. Levine
 Jaime A. Bianchi                                     David M. Levine, Esq.
 Florida Bar No. 908533                               Florida Bar No.: 84431
 jbianchi@whitecase.com                               Email: dlevine@sfl-law.com
                                                      Secondary: eservice@sfl-law.com
 Zachary B. Dickens                                   Fausto Sanchez, Esq.
 Florida Bar No. 98935                                Florida Bar No.: 86229
 zdickens@whitecase.com                               Email: fsanchez@sfl-law.com
                                                      Robert Kemper, Esq.
 Counsel for Defendants                               Florida Bar. No.: 1038549
 Julian Kuschner and Jonathan Lopez                   Email: rkemper@sfl-law.com

                                                      Counsel for Plaintiffs




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                               CERTIFICATE OF SERVICE

       I HEREBY CERTIFY that on November 21, 2023 a true and correct copy of the foregoing

was filed with the Clerk of the Court and served on all counsel of record via the Florida Courts

eFiling Portal.

                                                   By: /s/ David M. Levine
                                                    David M. Levine, Esq.




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