Case 1:12-cv-10495-MLW Document 25 Filed 08/22/12 Page 1 of 5

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

ERWIN GRAMPP, derivatively on behalf of JBI, INC., Civil Action No.: 1:12-cv-10495-MLW Plaintiff, vs. JOHN BORDYNUIK, DR. JACOB SMITH, RONALD C. BALDWIN, JR., AMY BRADSHAW, JOHN M. WESSON, ROBIN BAGAI, JAMES FAIRBAIRN, GREGORY GOLDBERG, and THEODORE J. HENRY, Defendants, and JBI, INC. Nominal Defendant.

JOINT MOTION TO POSTPONE CONSIDERATION OF FED. R. CIV. P 12(b)(2) MOTION TO DISMISS PENDING RESOLUTION OF FED. R. CIV. P 12(b)(6) AND FED. R. CIV. P 23.1 GROUNDS FOR DISMISSAL Plaintiff Erwin Grampp, Defendants John Bordynuik, Dr. Jacob Smith, Ronald C. Baldwin, Jr., Amy Bradshaw, John M. Wesson, Robin Bagai, Gregory Goldberg and Theodore J. Henry (the Individual Defendants), and Defendant JBI, Inc. (JBI), respectfully move that the Court postpone consideration of the Federal Rules of Civil Procedure (Fed. R. Civ. P. or Rule) 12(b)(2) personal jurisdiction grounds for dismissal asserted in the Individual Defendants Motion to Dismiss the Verified Shareholder Derivative Complaint (Motion to Dismiss) pending resolution by the Court of the Fed. R. Civ. P. 12(b)(6) and Fed. R. Civ. P. 23.1 grounds for dismissal. In support of this Joint Motion, the parties state as follows:

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1.

On March 16, 2012, Plaintiff filed his Verified Shareholder Derivative Complaint

in this action (the Complaint). 2. On July 27, 2012, the Individual Defendants filed their Motion to Dismiss. All of

the Individual Defendants have moved to dismiss the Complaint pursuant to Fed. R. Civ. P. 12(b)(6) (failure to state a claim) and Fed. R. Civ. P. 23.1 (failure to make demand on JBIs Board of Directors). With the exception of Mr. Bordynuik, all of the Individual Defendants have also moved to dismiss the Complaint pursuant to Rule 12(b)(2) on the ground that the Court lacks personal jurisdiction over them. Under the current briefing schedule, previously submitted to the Court, the Plaintiff has until September 25, 2012 to file his opposition to the Motion to Dismiss. 3. Because defendant Bordynuik has not sought dismissal of this case on

jurisdictional grounds, the Court will still have to reach a decision on the failure to state a claim and failure to make demand issues, regardless of the Courts findings as to the jurisdictional issues raised by the Motion to Dismiss. However, if the Court finds that Plaintiffs Complaint fails to state a claim or that demand was not excused, the Court need not reach the personal jurisdiction issues raised by the Motion to Dismiss. 4. The parties disagree as to the propriety of conducting discovery on the personal

jurisdiction issues raised in the Motion to Dismiss prior to the Plaintiff responding to the Motion to Dismiss. 5. For purposes of judicial economy and to avoid potential disputes between the

parties regarding the availability of jurisdictional discovery before the resolution of the Motion to Dismiss, the parties respectfully request that the Court address the Individual Defendants Rule 12(b)(6) and 23.1 grounds for dismissal first and postpone its consideration of the Rule

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12(b)(2) personal jurisdiction arguments until resolution of the Rule 12(b)(6) and 23.1 issues raised by the Motion to Dismiss. 6. The parties further stipulate that the postponement of the personal jurisdictional

arguments shall be without waiver of or prejudice to the Individual Defendants Rule 12(b)(2) arguments. 7. The parties have agreed to a revised briefing schedule wherein, subject to the

Courts approval, Plaintiffs opposition to the Rule 12(b)(6) and Rule 23.1 arguments in the Motion to Dismiss will be due on October 19, 2012. WHEREFORE, the parties respectfully request that the Court allow Plaintiff to submit his opposition to the Rule 12(b)(6) and Rule 23.1 arguments in the Motion to Dismiss by October 19, 2012 and postpone any consideration of the jurisdictional issues until after the Rule 12(b)(6) and Rule 23.1 issues are resolved. Dated: August 22, 2012 Respectfully submitted, PASTOR LAW OFFICE LLP /s/ David Pastor David Pastor (BBO) #391000 63 Atlantic Avenue, 3rd Floor Boston, MA 02110 Tel: (617) 742-9700 Fax: (617) 742-9701 Email: dpastor@pastorlawoffice.com FARUQI & FARUQI, LLP Beth A. Keller Nicholas W. Moyne 369 Lexington Avenue, 10th Floor New York, NY 10017 Tel: (212) 983-9330 Fax: (212) 983-9331 Email: bkeller@faruqilaw.com nmoyne@faruqilaw.com

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FARUQI & FARUQI, LLP Michael J. Hynes 101 Greenwood Avenue, Suite 600 Jenkintown, PA 19046 Tel: (215) 277-5770 Fax: (215) 277-5771 Email: mhynes@faruqilaw.com Counsel for Plaintiff MELICK & PORTER, LLP /s/ John G. Wheatley John G. Wheatley (BBO) #670989 28 State Street Boston, MA 02109 Tel: (617) 523-6200 Fax: (617) 523-8130 Email: jwheatley@melicklaw.com FAEGRE BAKER DANIELS LLP /s/ Michael R. MacPhail Michael R. MacPhail 1700 Lincoln Street, Suite 3200 Denver, CO 80202 Tel: (303) 607-3692 Fax: (303) 607-3600 Leif T. Simonson Matthew B. Kilby 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-3901 Tel: (612) 766-7000 Fax: (612) 766-1600 Email: Michael.MacPhail@faegrebd.com Leif.Simonson@faegrebd.com Matthew.Kilby@faegrebd.com Counsel for John Bordynuik, Dr. Jacob Smith, Ronald C. Baldwin, Jr., Amy Bradshaw, John M. Wesson, Robin Bagai, Gregory Goldberg and Theodore J. Henry

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TAYLOR DUANE BARTON & GILMAN LLP /s/ Edward D. Shoulkin Edward D. Shoulkin (BBO) #555483 160 Federal Street Boston, MA 02110 Tel: (617) 654-8200 Fax: (617) 482-5350 Email: eshoulkin@taylorduane.com Counsel for Nominal Defendant JBI, Inc.

CERTIFICATE OF SERVICE I hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered participants on August 22, 2012.

/s/ David Pastor David Pastor