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Wynne v. McCormick & Schmick's Seafood Restaurants

UNITED STATES DISTRICT COURT IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA


August 11, 2008

JUANITA WYNNE AND DANTE BYRD, ON BEHALF OF THEMSELVES AND CLASSES OF THOSE SIMILARLY SITUATED, PLAINTIFFS,
v.
MCCORMICK & SCHMICK'S SEAFOOD RESTAURANTS, INC. AND MCCORMICK & SCHMICK RESTAURANT CORP., DEFENDANTS.

The opinion of the court was delivered by: Hon. Claudia Wilken United States District Judge

STIPULATION AND [PROPOSED] ORDER TO ACCOUNT FOR CLAIMANTS WHO PREVIOUSLY SETTLED RACE DISCRIMINATION CLAIMS ENCOMPASSED BY CONSENT DECREE

Action Settlement; discrimination claims brought by former employees Andre Cox, Anuheia Richardson, Donald

WHEREAS, each of these six former employees of Defendants settled and fully released their respective race discrimination claims in exchange for a monetary payment; with Class Counsel to demonstrate that all six persons have previously settled claims of race discrimination and that the individual employees did not work for Defendants for any period of time subsequent to the execution of their respective settlement agreements;

WHEREAS, on August 7, 2008, this Court held a Final Approval Hearing on this Class Action Settlement and entered an Order granting Plaintiffs' Motion For Final Approval of Class 3

WHEREAS, between 2003 and 2007, Defendants settled six individual race Stanfield, Shannon Campbell, Kevin Fuller and Bryant Storey;

WHEREAS, counsel for Defendants have shared the six individual settlement agreements

WHEREAS, the six individuals Andre Cox, Anuheia Richardson, Donald Stanfield, Shannon Campbell, Kevin Fuller and Bryant Storey filed claims with the Claims Administrator to participate in the monetary settlement of this Class Action; and

have previously resolved their respective race discrimination claims with Defendants in exchange for a monetary payment and that each claimant should therefore not receive an additional payment as a claimant in this Class Settlement.

the six claimants Andre Cox, Anuheia Richardson, Donald Stanfield, Shannon Campbell, Kevin Fuller and Bryant Storey did resolve with Defendants individual claims of race discrimination prior to the entry of this Court's Order dated August 7, 2008; and therefore their six individual claims submitted to the Claims Administrator for this Class Action should be denied.

WHEREAS, the parties to this Stipulation are in agreement that these six class claimants

IT IS HEREBY STIPULATED BY AND BETWEEN COUNSEL FOR THE PARTIES:

DATED: August 8, 2008

SEYFARTH SHAW LLP

William C. Thomas III

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document.

Attorneys for Defendants

MCCORMICK & SCHMICK'S SEAFOOD RESTAURANTS, INC. and MCCORMICK & SCHMICK'S RESTAURANT CORP.

DATED: August 8, 2008

James M. Finberg

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document.

James M. Finberg James M. Finberg (SBN 114850)

Eve H. Cervantez (SB 164709) ALTSHULER BERZON LLP

177 Post Street, Suite 300

San Francisco, CA 94108

Telephone: (415) 421-7151

Facsimile: (415) 362-8064 E-Mail: jfinberg@altshulerberzon.com

E-Mail: ecervantez@altshulerberzon.com

Kelly M. Dermody (SBN 171716)

Jahan C. Sagafi (SBN 224887) LIEFF, CABRASER, HEIMANN &

BERNSTEIN, LLP 275 Battery Street, 30th Floor

San Francisco, CA 94111-3339

Telephone: (415) 956-1000

Facsimile: (415) 956-1008

E-Mail: kdermody@lchb.com E-Mail: jsagafi@lchb.com

Robert Rubin (SBN 085084) Diana C. Tate (SBN 232264

THE LAWYERS' COMMITTEE FOR CIVIL RIGHTS OF THE SAN FRANCISCO BAYAREA

131 Steuart Street, Suite 400

San Francisco, CA 94105

Telephone (415) 543-9444

Facsimile: (415) 543-0296 E-Mail: rrubin@lccr.com

E-Mail: dtate@lccr.com

Thomas A. Warren

THOMAS A. WARREN LAW OFFICES 2032 Thomasville Rd #D

Tallahassee, FL 32308-0734

telephone: (850) 385-1551 Facsimile: (850) 385-6008

Email: tw@nettally.com

Bill Lann Lee (SBN 108452) Todd F. Jackson (SBN 202598)

Vincent Cheng (SBN 230827)

Lindsay Nako (SBN 239090)

LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C.

1300 Broadway, Suite 1800

Oakland, CA 94612 Telephone: (510) 839-6824

Facsimile: (510) 839-7839

Email: blee@lewisfeinberg.com

Email: tjackson@lewisfeinberg.com Email: vcheng@lewisfeinberg.com

Email: lnako@lewisfeinberg.com

Gary Lafayette (SBN 08866) LAFAYETTE & KUMAGAI

100 Spear Street, Suite 400

San Francisco, CA 94105

Telephone: (415) 357-4600

Facsimile: (415) 357-4605 flafayette@lkclaw.com

Eric Kingsley (SBN 185123)

KINGSLEY & KINSGSLEY

16133 Venture Blvd., Suite 1200

Encino, CA 91436 Telephone: (818) 990-8300

Facsimile: (818) 990-2903 Email: kingsleylaw@aol.com

Attorneys for Plaintiffs and the proposed Class

Members JUANITA WYNNE and DANTE BYRD, on behalf of themselves and classes of those similarly situated

ORDER

The foregoing stipulation is approved, and IT IS SO ORDERED.

20080811

© 1992-2008 VersusLaw Inc.



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