1 Matthew L. Sharp Nevada Bar No. 4746 2 MATTHEW L. SHARP, LTD. 432 Ridge Street 3 Las Vegas, NV 89501 4 (775) 324-1500 [email protected] 5 Counsel for Plaintiffs 6 [Additional counsel on signature page] 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 IN RE DRAFTKINGS INC. DERIVATIVE LITIGATION Lead Case No. 3:21-cv-00453-MMD-CLB 11 12 This Document Relates to: STIPULATION AND ORDER VOLUNTARILY DISMISSING 13 ALL ACTIONS ACTION WITHOUT PREJUDICE 14 15 WHEREAS, on July 2, 2021, a putative federal securities class action, captioned In re 16 DraftKings Inc. Securities Litigation, No. 1:21-cv-05739, was filed in the U.S. District Court for the 17 Southern District of New York (the “Federal Court”), asserting claims under federal securities laws 18 against DraftKings Inc. (“DraftKings” or the “Company”) and certain of its current and former officers 19 and directors (the “Securities Class Action”); 20 WHEREAS, on October 21, 2021, and January 6, 2022, two factually related stockholder 21 derivative actions were filed in this Court by plaintiffs Jordan John Walk and Jiahan Yu (together, 22 “Plaintiffs”), on behalf of DraftKings, which actions were subsequently consolidated on February 18, 23 2022, under the caption In re DraftKings Inc. Derivative Litigation (Lead Case No. 3:21-cv-00453- 24 MMD-CLB) (the “Derivative Action”); 25 WHEREAS, Plaintiffs in this Derivative Action assert breach of fiduciary duty and related 26 claims on behalf of DraftKings, as a nominal defendant, against certain of the Company’s current 27 and/or former directors and officers (collectively, “Defendants,” and, together with Plaintiffs, the 1 “Parties”), based on allegations that overlap with the facts and circumstances alleged in the Securities 2 Class Action, including the relevance of many of the same documents and witnesses; 3 WHEREAS, in the interest of judicial efficiency and given the important implications that the 4 then-pending motion to dismiss in the Securities Class Action could have for this Derivative Action, 5 the Parties stipulated to stay this Derivative Action until either the Securities Class Action had been 6 dismissed with prejudice and any and all appeals thereto have been exhausted or the motion to dismiss 7 was denied in whole or in part, see April 21, 2022 Stipulation and Order to Stay the Derivative Action 8 (the “Stay Order”); 9 WHEREAS, on January 10, 2023, the Federal Court entered an order granting defendants’ 10 motion to dismiss the Securities Class Action in its entirety, dismissing the case with prejudice and 11 entering judgment in defendants’ favor, see In re DraftKings Inc. Sec. Litig.,

12 (S.D.N.Y. Jan. 10, 2023); 13 WHEREAS, plaintiffs in the Securities Class Action did not file an appeal from the dismissal 14 order; 15 WHEREAS, following the dismissal of the Securities Class Action, and in accordance with the 16 Stay Order, the Parties met and conferred regarding the impact of the dismissal and further proceedings 17 in this Derivative Action; 18 WHEREAS, the Parties now stipulate to the voluntary dismissal of this Derivative Action 19 without prejudice, with each side to bear its own costs and fees; and 20 WHEREAS, the Parties respectfully submit that notice of said dismissal under Federal Rule of 21 Civil Procedure 23.1(c) is unnecessary to protect the interests of the Company’s stockholders because: 22 (i)the dismissal is sought without prejudice; (ii) there has been no settlement or compromise between 23 the Parties nor attempts to seek such; (iii) there has been no collusion among the Parties; (iv) neither 24 Plaintiffs nor their counsel have received or will receive any consideration from Defendants for the 25 dismissal; and (v) Defendants will not suffer any prejudice as they do not oppose this voluntary 26 dismissal; 27 /// 1 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the Parties, throu 2 || their undersigned counsel, pursuant to Rules 23.1 and 41(a) of the Federal Rules of Civil Procedure a 3 || subject to Court approval, as follows: 4 1. This Derivative Action is dismissed in its entirety without prejudice; 5 2. Each party shall bear its own costs, fees, and expenses, including attorneys’ fees; and 6 3. For the reasons noted above, notice of this dismissal to DraftKings stockholders is 1 7 required. 8 Respectfully submitted this 3rd day of March 2023. /s/ Matthew L. Sharp ls/ J. Stephen Peek 10 || Matthew L. Sharp J. Stephen Peek Nevada Bar No. 4746 Nevada Bar No. 1758 11 | MATTHEW L. SHARP, LTD. HOLLAND & HART LLP 432 Ridge Street 9555 Hillwood Drive, 2nd Floor 12] Reno, NV 89501 Las Vegas, NV 89134 Phone: (775) 324-1500 Telephone: (702) 222-2544 13.) Email: [email protected] Email: [email protected] || Patrick R. Leverty Counsel for Defendants LEVERTY & ASSOCIATES LAW CHTD. 13) Reno Gould House 832 Willow Street 16] Reno, NV 89502 Telephone: (775) 322-6636 17) Email: [email protected] 18 || Co-Liaison Counsel for Plaintiffs 19 | Thomas J. McKenna GAINEY McKENNA & EGLESTON 201 501 Fifth Avenue, 19th Floor New York, NY 10017 21]! Telephone: (212) 983-1300 Email: [email protected] Phillip Kim 23 | THE ROSEN LAW FIRM, P.A. 275 Madison Avenue, 40th Floor 24 | New York, NY 10016 Telephone: (212) 686-1060 25 | Email: [email protected] IT IS SG ORDER' 26 | Co-Lead Counsel for Plaintiffs . i 27 UNITED STATES DISTRICT JUDGE 28 DATED: March 3, 2023 000