STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE IN CONNECTION WITH PLAINTIFFS' AMENDED COMPLAINT AND DEFENDANTS' MOTIONS TO DISMISS AND TO CONTINUE CASE MANAGEMENT CONFERENCE

LAUREL BEELER, Magistrate Judge.

WHEREAS, on September 30, 2016, the Court granted in part Plaintiffs' Motion for Relief from Non-Dispositive Pretrial Order of Magistrate Judge (Dkt. 82) (the "Discovery Order") and authorized Plaintiffs to pursue specified jurisdictional discovery directed toward Defendants OJSC RUSNANO, Anatoly Chubais and Oleg Kiselev;

WHEREAS, on November 11, 2016, the Court issued its order scheduling a case management conference for December 22, 2016 and asking the parties to provide by December 15, 2016 an update regarding their next steps, including those for the pending motions to dismiss Plaintiffs' First Amended Complaint (Dkt. Nos. 46 and 50) (the "Motions");

WHEREAS, by Stipulated Order, dated December 13, 2016, the Court extended the deadline for submission of the parties' update to February 6, 2017 and continued the case management conference to February 16, 2017 (Dkt. No. 94);

WHEREAS, following the deposition of Anatoly Chubais held on January 31, 2017, the parties met and conferred regarding their next steps including, without limitation, amendments to the First Amended Complaint (Dkt. No. 43) following the completion of jurisdictional discovery and the impact of said amendment on the pending Motions;

WHEREAS, the parties have agreed that on or before February 28, 2017, Plaintiffs will either (i) file a Second Amended Complaint, or (ii) inform Defendants that Plaintiffs will rest on their First Amended Complaint, in either of which cases Defendants will file new motions to dismiss the First or the Second Amended Complaint, as the case may be, and Defendants' pending Motions will be considered withdrawn;

WHEREAS, the parties wish to agree on a schedule to govern further briefing in this matter;

WHEREAS, in light of the foregoing, the parties believe that the case management conference should be continued until after the Court resolves Defendants' anticipated motions to dismiss;

NOW, THEREFORE, IT IS HEREBY STIPULATED, pursuant to Civil Local Rules 6-1 and 6-2, as follows:

1. On or before February 28, 2017, Plaintiffs will either file a Second Amended Complaint or inform Defendants' counsel in writing that Plaintiffs will rest on the First Amended Complaint;

2. On or before March 24, 2017, Defendants will move to dismiss the First Amended Complaint or will move or answer with respect to the Second Amended Complaint, as the case may be, and Defendants' pending Motions will be considered withdrawn;

3. If Defendants move to dismiss, Plaintiffs shall serve their papers in response to Defendants' motions to dismiss on or before April 24, 2017, and Defendants shall serve their reply papers on or before May 12, 2017. No surreply papers shall be filed on any such motion, except by leave of Court granted on motion for good cause shown, on such terms and conditions as the Court deems appropriate.

4. The case management conference currently scheduled for February 16, 2017 shall be taken off calendar and rescheduled on a date convenient for the Court.

5. This stipulation is without prejudice to all claims, rights, defenses and positions of each of Plaintiffs and each of Defendants.

IT IS SO STIPULATED.

PURSUANT TO THE FOREGOING STIPULATION, IT IS SO ORDERED, To avoid losing track of the case, the court calendars a Case Management Conference for June 8, 2017 at 11 A.M.