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ARABELLA LEMUS, MALVIN A. AYALA as v. H&R BLOCK ENTERPRISES

November 30, 2010

ARABELLA LEMUS, MALVIN A. AYALA AS INDIVIDUALS AND ON BEHALF OF ALL OTHERS
SIMILARLY SITUATED,
PLAINTIFFS,
v.
H&R BLOCK ENTERPRISES, LLC (FKA ) AND H&R BLOCK ENTERPRISES, INC., A MISSOURI CORPORATION; AND DOES 1 THROUGH ) 50, INCLUSIVE,
DEFENDANTS.



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

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CLASS ACTION

[Proposed] Order (1) Permitting the Filing of Plaintiffs' Fourth Amended Complaint,

(2) Granting of Plaintiffs' Motion for Class Certification In Connection With The First, Second and Third Causes of Action of the Fourth Amended Complaint

ORDER

The Court has read and considered the Stipulation of the parties, and issues the following ORDER:

I. Filing of Fourth Amended Complaint

Plaintiff shall file a Fourth Amended Complaint in the form of the proposed Fourth Amended Complaint filed as an exhibit to the parties' Stipulation. The Fourth Amended Complaint shall be filed upon this Order being issued. The defendant's responsive pleading to the Third Amended Complaint shall be considered as its response to the Fourth Amended Complaint without the necessity for further pleading.

II. Class Certification

1. The plaintiffs' Motion For Class Certification shall be treated as a motion to certify the class set forth in the proposed Fourth Amended Complaint, which class is defined as follows:

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Plaintiff Class:

All seasonal, non-exempt Tax Professional employees who were or are employed by defendants during the Class Period ...


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