JOINT STIPULATION AND [PROPOSED] ORDER RE EXTENSION OF TIME TO RESPOND TO COMPLAINT AND WAIVER OF SERVICE

RICHARD SEEBORG, District Judge.

WHEREAS, Acer Inc., Acer America Corporation, Gateway, Inc., and Gateway U.S. Retail, Inc. f/k/a EMachines, Inc. ("Acer") filed a complaint on October 25, 2013 (the "Complaint") against the above-named Defendants;

WHEREAS, Acer intends to file an Amended Complaint within approximately the next thirty days;

WHEREAS, Acer wishes to avoid the burden and expense of serving process on foreign entities; and

WHEREAS, Defendant NEC Corporation ("NEC") desires a reasonable amount of time to respond to the Amended Complaint, and wishes to avoid the necessity of responding to the original Complaint;

NOW, THEREFORE, it is stipulated by and between the undersigned parties, by their representative attorneys, that Undersigned Counsel of WINSTON & STRAWN LLP agrees to accept service of the complaint in Acer v. Lite-On IT Corporation, et al., Case No. 5:13-cv-04991-RS, on behalf of NEC. NEC shall have until Wednesday, March 26, 2014 to file a response to the Complaint. If Acer amends its Complaint, NEC shall have until either 60 days from the date of amendment, or March 26, 2014, whichever is later, to respond to the Amended Complaint. This stipulation does not constitute a waiver by NEC of any defense, including but not limited to those defenses provided under Federal Rule of Civil Procedure 12.

Respectfully submitted,

Pursuant to Civil Local Rule 5-1(i)(3), the filer attests that concurrence in the filing of this document has been obtained from the stipulating parties.

PURSUANT TO STIPULATION, IT IS SO ORDERED.