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Ross v. US Bank National Association

December 17, 2009

ANN ROSS, MAURITA PRASAD, TAMARA BURKHART AND NANETTE HOUSKEN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
US BANK NATIONAL ASSOCIATION, DBA US BANK, AND DOES ONE THROUGH TWENTY-FIVE, INCLUSIVE, DEFENDANT.



The opinion of the court was delivered by: Honorable Susan Illston

Action Filed: April 9, 2007

CLASS ACTION JOINT REPORT REGARDING CONTENT AND TIMING OF CLASS NOTICE; [PROPOSED] ORDER

PURSUANT TO THE ORDER CONDITIONALLY GRANTING PLANTIFF'S MOTION FOR CLASS CERTIFICATION AND DIRECTING FORMULATION OF CLASS NOTICE:

PLEASE BE ADVISED that the parties have met and conferred concerning the content and timing of the Notice to Class Members and hereby submit this Joint Report regarding the same.

1) The parties have agreed upon a "Notice of Class Action" and submit the same to the Court for approval. The proposed "Notice of Class Action" is attached hereto as Exhibit 1.

2) Regarding the timing of the class notice, Defendant anticipates needing until January 19, 2010 to prepare and submit the class list to the class administrator. The class 28 administrator will then need approximately two weeks, until February 2, 2010, to prepare and send out the notice to the class members.

3) The parties have agreed, and hereby request the Court to refer the case to mediation rather than to early neutral evaluation under the Court's ADR program.

DATED: December 16, 2009

LAW OFFICES OF KEVIN T. BARNES By: Gregg Lander, Esq. Kevin T. Barnes, Esq. Attorneys for Plaintiffs

DATED: December 16, 2009

DAVIS WRIGHT TREMAINE LLP By: Judith Droz Keyes, Esq. Stuart W. Miller, Esq. Attorneys for Defendants

[PROPOSED] ORDER

1) The Class Notice attached hereto as Exhibit 1 is approved by the Court.

2) The Court hereby refers this case to mediation under the Court's ADR program in lieu of early neutral evaluation as previously ordered.

IT IS SO ORDERED.

Honorable Susan Illston

EXHIBIT 1

NOTICE OF CLASS ACTION

TO: ALL PERSONS WHO ARE EMPLOYED OR WHO, SINCE APRIL 9, 2003, HAVE BEEN EMPLOYED, IN THE STATE OF CALIFORNIA BY U.S. BANK AS AN HOURLY-PAID IN-STORE EMPLOYEE THIS NOTICE MAY AFFECT YOUR RIGHTS

PLEASE READ IT CAREFULLY BASIC INFORMATION

1. WHY SHOULD I READ THIS NOTICE?

Four former employees of U.S. Bank National Association ("U.S. Bank") in California have sued U.S. Bank claiming that they are owed wages and other pay for alleged off-the-clock work and for meal periods and rest breaks that they claim were not provided in accordance with California law. They also seek penalties as allowed by law for such alleged violations.

The lawsuit is pending before the Honorable Susan Illston of the United States District Court, Northern District of California (the "Court"). On November 25, 2009, the Court conditionally certified the lawsuit as a class action. The purpose of this notice is to inform you that your rights may be affected by the lawsuit. Unless you choose to exclude yourself, you are a member of the lawsuit class. This notice is given by order of the Court.

By conditionally certifying a class action and ordering the issuance of this notice, the Court is not suggesting that the plaintiffs will win or lose this case. The plaintiffs must prove their claims at a trial.

There is no money available now, because the Court has not decided whether U.S. Bank did anything wrong. There is no guarantee that money ever will be obtained. However, your legal rights are affected, and you have a choice to make now.

You have the following two options:

A. Do nothing: You can choose to do nothing and stay in this lawsuit as a member of the class. By doing nothing, you preserve your right to the possibility of getting a portion of any money that may be awarded in a trial or a settlement of this lawsuit. However, by staying in this lawsuit, you give up any right to sue U.S. Bank separately about the legal claims involved in this lawsuit, and you will be legally bound by all of the orders that the Court issues in it.

B. Exclude yourself: You can exclude yourself from this lawsuit by returning the attached opt-out postcard within 30 days from the date of mailing of this Notice. If you ask to be excluded from this lawsuit and money is later awarded, you will not share in any recovery. By excluding yourself, you preserve your right to sue U.S. Bank separately about the legal claims ...


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