STIPULATION AND [PROPOSED] ORDER REGARDING WAIVER OF SERVICE AND EXTENSION OF TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT

JAMES DONATO, District Judge.

Plaintiffs Jaco Electronics, Inc. and Vermont Street Acquisition, LLC (collectively, "Jaco" or "Plaintiffs") filed a complaint in the above-captioned case against Nippon Chemi-Con Corporation; United Chemi-Con, Inc.; Hitachi Chemical Co., Ltd.; Hitachi AIC, Inc.; Hitachi Chemical Co. America, Ltd.; Nichicon Corporation; Nichicon (America) Corporation; Rubycon Corporation; Rubycon America, Inc.; ELNA Co., Ltd.; ELNA America, Inc.; Matsuo Electric Co., Ltd.; TOSHIN KOGYO Co., Ltd.; Taitsu Corporation; Taitsu America, Inc.; Shinyei Kaisha; Shinyei Technology Co., Ltd.; Shinyei Capacitor Co., Ltd.; Shinyei Corporation of America, Inc.; Nissei Electric Co., Ltd.; Soshin Electric Co., Ltd.; and Soshin Electronics of America, Inc. (the "Stipulating Defendants") on March 13, 2019;

WHEREAS, Jaco wishes to avoid the burden and expense of serving process on the Stipulating Defendants;

WHEREAS, the Stipulation Defendants desire a reasonable amount of time to respond to the Complaint;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and among the undersigned counsel, on behalf of their respective clients, Jaco and the Stipulating Defendants, as follows:

1. The Stipulating Defendants waive service of the Complaint under Federal Rule of Civil Procedure 4(d). This stipulation does not constitute a waiver by the Stipulating Defendants of any other substantive or procedural defense.

2. The Stipulating Defendants shall file any pre-answer motions by June 21, 2019.

3. The Stipulating Defendants shall answer the Complaint on or before June 28, 2019.

4. Jaco and the Stipulating Defendants do not anticipate the need for significant discovery beyond that which has already occurred in the MDL and specifically agree that there shall be no additional fact discovery from the Stipulating Defendants, aside from limited Jaco-specific supplemental expert discovery and any discovery that may be required as a result of Jaco-specific defenses (Jaco will not duplicate discovery previously taken in the MDL) and has not been subject to discovery during any other stage of the litigation.

5. The Parties further agree that subject to any applicable protective orders, all discovery previously taken or received by the parties in In re Capacitors Antitrust Litigation, 17-md-2801, shall be usable in this case by the Defendants or Jaco during discovery, in pretrial motions, at trial, or for any other purpose to the same degree as if the discovery was taken in this case.

6. Attached as Exhibit A to this Stipulation is a proposed schedule for Jaco-specific discovery. The parties will make themselves available at the Court's convenience to discuss if requested.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

EXHIBIT A