STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULE FOR PRETRIAL DISCLOSURES FOR SEARS/KMART AND LG ELECTRONICS

JON S. TIGAR, District Judge.

WHEREAS, Plaintiffs Sears, Roebuck and Co. and Kmart Corporation ("Plaintiffs") are the only remaining plaintiffs in Case No. 11-cv-05514 ("Sears/Kmart case");

WHEREAS, LG Electronics, Inc. ("LGE") is the only remaining defendant in the Sears/Kmart case;

WHEREAS, the trial in the Sears/Kmart case is set for January 9, 2017, see ECF No. 4658;

WHEREAS, Plaintiffs and LGE have negotiated and agreed to a schedule governing pretrial disclosures;

PURSUANT TO LOCAL RULE 7-12, PLAINTIFFS AND LGE, BY AND THROUGH THEIR RESPECTIVE COUNSEL OF RECORD, HEREBY STIPULATE AS FOLLOWS:

1. The parties agree to abide by the schedule governing pretrial disclosures that is attached as Exhibit A to this stipulation. As noted in Footnote 3 of Exhibit A, LGE stipulates only that the attached schedule applies to the jury trial. As part of its motion for bifurcation and for a bench trial, see ECF No. 4759, LGE has proposed a separate schedule to govern bench trial pretrial disclosures. Plaintiffs oppose any bifurcation of the trial proceedings and do not consent to the bench trial schedule proposed by LGE.

2. This stipulation shall not be introduced into evidence during the jury trial or read to the jury during trial, and it shall not be relied on to support an entitlement to any relief not expressly contemplated by the terms of this stipulation.

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

It is so stipulated and agreed to by the parties.

PURSUANT TO STIPULATION, IT IS SO ORDERED.