THE TOSHIBA DEFENDANTS AND DAPS' STIPULATION AND [PROPOSED] ORDER REGARDING THE COURT'S DECEMBER 8, 2015 ORDER DIRECTING THE TOSHIBA DEFENDANTS TO AMEND THEIR RULE 26 DISCLOSURES

JON S. TIGAR, District Judge.

Defendants Toshiba Corporation, Toshiba America, Inc., Toshiba America Information Systems, Inc., Toshiba America Consumer Products, L.L.C., and Toshiba America Electronic Components, Inc. (collectively, the "Toshiba Defendants") and the undersigned Direct Action Plaintiffs (the "DAPs") have conferred by and through their counsel and, subject to the Court's approval, HEREBY STIPULATE AS FOLLOWS:

WHEREAS, on August 1, 2014, the Toshiba Defendants served the Plaintiffs with the Toshiba Entities' Amended Rule 26(a)(1) Initial Disclosures, thereby adding five people, including Tomohito Amano, to their Rule 26(a)(1) Initial Disclosures as individuals who may have information that the Toshiba Defendants may use to support their claims or defenses;

WHEREAS, on September 2, 2014, the Plaintiffs filed a motion with Special Master Walker seeking an order compelling the depositions of Mr. Amano and the four other individuals added to the Toshiba Defendants' Rule 26(a)(1) Initial Disclosures on August 1, 2014;

WHEREAS, on October 1, 2014, the Toshiba Defendants served the Plaintiffs with the Toshiba Entities' Second Amended Rule 26(a)(1) Initial Disclosures, thereby withdrawing Mr. Amano from their Rule 26(a)(1) Initial Disclosures as an individual who may have information that the Toshiba Defendants may use to support their claims or defenses;

WHEREAS, on November 20, 2014, Special Master Walker issued the Order re Plaintiffs' Motion to Compel Depositions of Toshiba Witnesses (Dkt. No. 3146), in which Special Master Walker granted the Plaintiffs' motion to compel, concluded that the Toshiba Defendants "failed to update [their] Rule 26 initial disclosures," and ordered the Toshiba Defendants to amend their Rule 26(a)(1) Initial Disclosures regarding Mr. Amano;

WHEREAS, on November 24, 2014, the Toshiba Defendants filed Objections to the Special Master's November 20, 2014 Recommended Order ("Objections") (Dkt. No. 3154), in which the Toshiba Defendants argued, in part, that they had no obligation to update their Rule 26(a)(1) Initial Disclosures;

WHEREAS, on November 23, 2015, the Court held a hearing regarding the Toshiba Defendants' Objections and sustained the Objections in part;

WHEREAS, on November 23, 2015, the Court issued a Minute Entry (Dkt. No. 4208) directing the parties to confer regarding proposed language regarding Mr. Amano to include in the Toshiba Defendants' Rule 26(a)(1) Initial Disclosures, and directing that, by December 10, 2015, the Toshiba Defendants either file a proof of service of their amended Rule 26(a)(1) Initial Disclosures (if the parties agreed on proposed language regarding Mr. Amano), or for the parties to submit competing proposals to the Court (if the parties were unable to agree on proposed language);

WHEREAS, on December 8, 2015, the Court issued the Order Adopting in Part and Denying in Part Report and Recommendation (Dkt. No. 4228), in which the Court inter alia, held that the Toshiba Defendants did not breach any discovery obligation and had no obligation to update their Rule 26(a)(1) Initial Disclosures, and extended the deadline until December 17, 2015, for either the Toshiba Defendants to file a proof of service of their amended Rule 26(a)(1) Initial Disclosures or for the parties to submit competing proposals;

WHEREAS, the parties conferred pursuant to the Court's December 8, 2015 order;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED among the undersigned parties as follows:

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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