2:11-cv R -JCG Document 58 Filed 01/06/12 Page 1 of 6 Page ID #:699

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1 2:11-cv R -JCG Document 58 Filed 01/06/12 Page 1 of 6 Page ID #: GLANCY BINKOW & GOLDBERG LLP LIONEL Z. GLANCY (#134180) MICHAEL GOLDBERG (#188669) ROBERT V. PRONGAY (#0796) 1925 Century Park East, Suite 2100 Los Angeles, CA Telephone: (310) Facsimile: (310) info@glancylaw.com SAXENA WHITE P.A. Joseph E. White, III jwhite@saxenawhite.com Lester R. Hooker (SBA ) lhooker@saxenawhite.com 2424 N. Federal Hwy, Suite 257 Boca Raton, FL Tel: (561) Fax: (561) Counsel for Lead Plaintiff Allan Lyons and Lead and Local Counsel for the Class UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA IN RE: NIVS INTELLIMEDIA ) Case No. 2:11-CV-2647-R-JCG TECHNOLOGY GROUP, INC. ) SECURITIES LITIGATION ) CLASS ACTION ) ) NOTICE OF VOLUNTARY ) DISMISSAL ) WHEREAS, between March 29, 2011 and May 4, 2011, four substantially similar actions were filed in this Court (the California Actions ); 1 WHEREAS, on April 12, 2011, a fifth substantially similar action was filed in the Southern District of New York captioned Schuler v. NIVS IntelliMedia Technology Group, Inc., et al., No. 1:11-cv JGK (the New York Action ); WHEREAS, on July 7, 2011, this Court entered an Order Granting the Motion of Allan Lyons For: (1) Consolidation, (2) Appointment of Lead Plaintiff, 1 The California Actions are captioned as follows: Baksh v. NIVS Intellimedia Tech. Group, Inc., et al., 11-cv (filed March 29, 2011); Kwok v. NIVS Intellimedia Tech. Group, Inc., et al., 11-cv-016 (filed March 31, 2011); Fritsche v. NIVS Intellimedia Tech. Group, Inc., et al., 11- cv (filed April 8, 2011); Arar v. NIVS Intellimedia Tech. Group, Inc., et al., 11-cv (filed May 4, 2011). NOTICE OF VOLUNTARY DISMISSAL Page 1

2 2:11-cv R -JCG Document 58 Filed 01/06/12 Page 2 of 6 Page ID #:700 1 and (3) Approval of Selection of Counsel, which consolidated the California 2 Actions, appointed Mr. Lyons as Lead Plaintiff and approved of Mr. Lyons 3 selection of Saxena White P.A. as Lead Counsel; 4 WHEREAS, on October 24, 2011, the Southern District of New York issued 5 an Order granting Mr. Lyons Lead Plaintiff motion and directing the parties to 6 submit a proposed scheduling order within fourteen days (see New York Action 7 Dkt. #31); 8 WHEREAS, on November 15, 2011, the Southern District of New York 9 issued a Scheduling Order (the Scheduling Order ) concerning the filing of Lead 10 Plaintiff s amended complaint and the response thereto by Defendants (see New 11 York Action Dkt. #34); 12 WHEREAS, on December 15, 2011, Mr. Lyons filed a Consolidated 13 Amended Complaint (the Amended Complaint ) in the New York Action against 14 all defendants named in the California Actions (see New York Action Dkt. #36); 15 WHEREAS, pursuant to the Southern District of New York s Scheduling 16 Order, Defendants have sixty days from the date of service of the Amended 17 Complaint to move, answer or otherwise respond to the Amended Complaint; 18 WHEREAS, no answer or motion for summary judgment has been filed in 19 this action; 20 WHEREAS, in the interests of judicial economy and the conservation of 21 party resources, this litigation should move forward in one jurisdiction only; 22 WHEREAS, 1) NIVS has executive offices located in New York; 2) NIVS 23 traded on the NYSE AMEX located in New York; 3) NIVS underwriter for the 24 offering of securities at issue, Defendant Rodman & Renshaw, has its headquarters 25 in New York; and 4) many of the false and misleading statements were made in or 26 issued in New York; and NOTICE OF VOLUNTARY DISMISSAL Page 2

3 2:11-cv R -JCG Document 58 Filed 01/06/12 Page 3 of 6 Page ID #: WHEREAS, Lead Plaintiff has filed the Amended Complaint in the New York Action, and the New York Action has progressed to a later stage of litigation than the California Actions; NOW, THEREFORE, PLEASE TAKE NOTICE that, pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i), Lead Plaintiff Allan Lyons hereby dismisses this action without prejudice. Dated: January 6, 2012 By: /s/ Michael Goldberg GLANCY BINKOW & GOLDBERG LLP LIONEL Z. GLANCY (#134180) MICHAEL GOLDBERG (#188669) ROBERT V. PRONGAY (#0796) 1925 Century Park East, Suite 2100 Los Angeles, CA Telephone: (310) Facsimile: (310) info@glancylaw.com Counsel for Lead Plaintiff Allan Lyons and Local Counsel for the Class SAXENA WHITE P.A. Joseph E. White, III jwhite@saxenawhite.com Lester R. Hooker (SBA ) lhooker@saxenawhite.com 2424 N. Federal Hwy, Suite 257 Boca Raton, FL Tel: (561) Fax: (561) Counsel for Lead Plaintiff Allan Lyons and Lead Counsel for the Class NOTICE OF VOLUNTARY DISMISSAL Page 3

4 Case 11-cv R -JCG Document 58 Filed 01/06/12 Page 4 of 6 Page ID #: PROOF OF SERVICE VIA ELECTRONIC POSTING PURSUANT TO CENTRAL DISTRICT OF CALIFORNIA LOCAL RULES AND ECF GENERAL ORDER NO I, the undersigned, say: I am a citizen of the United States and am employed in the office of a member of the Bar of this Court. I am over the age of 18 and not a party to the within action. My business address is 1925 Century Park East, Suite 2100, Los Angeles, California On January 6, 2012, I caused to be served the following document: NOTICE OF VOLUNTARY DISMISSAL By posting the document to the ECF Website of the United States District Court for the Central District of California, for receipt electronically by the parties as listed on the attached Service List. And on any non-ecf registered party: By Mail: By placing true and correct copies thereof in individual sealed envelopes, with postage thereon fully prepaid, which I deposited with my employer for collection and mailing by the United States Postal Service. I am readily familiar with my employer s practice for the collection and processing of correspondence for mailing with the United States Postal Service. In the ordinary course of business, this correspondence would be deposited by my employer with the United States Postal Service that same day. I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on January 6, 2012, at Los Angeles, California. s/ Michael Goldberg Michael Goldberg PROOF OF SERVICE

5 1 of 2 1/6/ :10 AM CM/ECF - California Central District- Case 2:11-cv R -JCG Document 58 Filed 01/06/12 Page 5 of 6 Page ID #:703 Mailing Information for a Case 2:11-cv R -JCG Electronic Mail Notice List The following are those who are currently on the list to receive notices for this case. Jay S Auslander jauslander@wilkauslander.com Francis A Bottini, Jr fbottini@cfsblaw.com,lcox@cfsblaw.com,aringer@cfsblaw.com,sammirati@cfsblaw.com,achang@cfsblaw.com Douglas J Brown dbrown@cfsblaw.com,cbarron@cfsblaw.com,egapp@cfsblaw.com,aringer@cfsblaw.com Matthew Clark Bures mbures@dlflawyers.com,sdouglas@dlflawyers.com Benjamin L Caplan bcaplan@dlflawyers.com Edward D Chapin echapin@cfsblaw.com,egapp@cfsblaw.com Julie Cilia jcilia@wilkauslander.com,filing@wilkauslander.com Lionel Zevi Glancy lglancy@glancylaw.com Michael M Goldberg mmgoldberg@glancylaw.com,dmacdiarmid@glancylaw.com,info@glancylaw.com Richard M Heimann rheimann@lchb.com Lester R Hooker lhooker@saxenawhite.com,e-file@saxenawhite.com Joy A Kruse jakruse@lchb.com Brian Oliver O'Mara bomara@rgrdlaw.com,e_file_sd@rgrdlaw.com Robert Vincent Prongay rprongay@glancylaw.com,info@glancylaw.com Darren J Robbins e_file_sd@rgrdlaw.com Laurence M Rosen lrosen@rosenlegal.com

6 2 of 2 1/6/ :10 AM CM/ECF - California Central District- Case 2:11-cv R -JCG Document 58 Filed 01/06/12 Page 6 of 6 Page ID #:704 Natalie Shkolnik nshkolnik@wilkauslander.com Howard G Smith legul2010@aol.com Manual Notice List The following is the list of attorneys who are not on the list to receive notices for this case (who therefore require manual noticing). You may wish to use your mouse to select and copy this list into your word processing program in order to create notices or labels for these recipients. Joseph Zelmanovitz Wilk Auslander LLP 1515 Broadway 43rd Floor New York, NY 10036