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Case 1:12-cv-00479-RBW Document 46 Filed 05/01/13 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA TURKCELL İLETIŞIM HIZMETLERI A.Ş. and EAST ASIAN CONSORTIUM B.V. Plaintiffs, vs. MTN GROUP, LTD. and MTN INTERNATIONAL (MAURITIUS) LTD. Defendants. JOINT MOTION TO LIFT STAY Plaintiffs Turkcell İletişim Hizmetleri A.Ş. and East Asian Consortium B.V., by and through their undersigned counsel, respectfully move this honorable Court to lift its sua sponte stay ordered on October 12, 2012. 1. This Court’s Order of October 12, 2012 stayed and administratively closed the Civil Action No.: 12-cv-00479 (RBW)

case pending the U.S. Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111 (3d Cir. 2010), cert. granted, __ U.S. __, 132 S. Ct. 472 (Oct. 17, 2011). 2. This Court further ordered that “within fourteen days of the Supreme Court’s

decision in Kiobel, the parties shall file a joint proposed briefing schedule governing the filing of revised brief discussing what effect, if any, Kiobel has on this case.” 3. On April 17, 2013, the Supreme Court issued its decision, affirming the judgment

of the Second Circuit and concluding “that the presumption against extraterritoriality applies to claims under the [Alien Tort Statute].” Kiobel v. Royal Dutch Petroleum, 569 U.S. __, slip op. at 13 (Apr. 17, 2013).

Case 1:12-cv-00479-RBW Document 46 Filed 05/01/13 Page 2 of 2

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Plaintiffs have conferred with Defendants regarding the status of this case and the

present Motion to Lift Stay, and Defendants have agreed to join this Motion. 5. In light of the Kiobel ruling, 569 U.S. slip op. at 14, Plaintiffs are simultaneously

filing a Notice of Dismissal Without Prejudice with this Motion. 6. Plaintiffs therefore respectfully request that this Motion be granted and the stay

lifted in order to facilitate dismissal of the matter. Dated: May 1, 2013. Respectfully submitted, /s/ Read K. McCaffrey Read K. McCaffrey (# 413837) PATTON BOGGS LLP 2550 M Street, NW, Washington, DC 20037 Phone: (202) 457-6000 | Fax: (202) 457-6315 rmccaffrey@pattonboggs.com Counsel for Plaintiffs

With authorization for joint filing:

Timothy J. Coleman Timothy J. Coleman, Esq. (# 436415) FRESHFIELDS BRUCKHAUS DERINGER US LLP 701 Pennsylvania Ave., NW, Suite 600 Washington, DC 20004-2692 tim.coleman@freshfields.com Counsel for Defendants

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Case 1:12-cv-00479-RBW Document 46-1 Filed 05/01/13 Page 1 of 1

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA TURKCELL İLETIŞIM HIZMETLERI A.Ş. and EAST ASIAN CONSORTIUM B.V. Plaintiffs, vs. MTN GROUP, LTD. and MTN INTERNATIONAL (MAURITIUS) LTD. Defendants. Civil Action No.: 12-cv-00479 (RBW)

[PROPOSED] ORDER It is hereby ORDERED that the parties’ Joint Motion to Lift Stay is GRANTED and the case is REOPENED for the reasons stated in the Motion. ____ day of ____________ 2013.

_________________________ REGGIE B. WALTON United States District Judge