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Daniel Vasquez and Wayne Cuthill, On v. Panella Trucking

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO


April 21, 2011

DANIEL VASQUEZ AND WAYNE CUTHILL, ON THEIR OWN BEHALF AND ON BEHALF OF A CLASS OF SIMILARLY SITUATED
AND ON BEHALF OF THE A GENERAL PUBLIC,
PLAINTIFFS,
v.
PANELLA TRUCKING, L.L.C., A CALIFORNIA LIMITED LIABILITY CORPORATION,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. John A. Mendez

GEORGE J. TICHY, II, Bar No. 041146 MICHELLE R. BARRETT, Bar No. 197280 LITTLER MENDELSON A Professional Corporation 650 California Street, 20th Floor San Francisco, CA 94108.2693 Telephone: 415.433.1940 Facsimile: 415.399.8490 Email: gtichy@littler.com; mbarrett@littler.com Attorneys for Defendant PANELLA TRUCKING, LLC GREGORY M. GARRISON, Bar No. 165215 JASON N. BLACK, Bar No. 256261 TEEPLE HALL, LLP 9255 Towne Centre Drive, Suite 500 San Diego, CA 92121 Telephone: (858) 622-7878 Email: greg@teeplehall.com; jason@teeplehall.com Attorneys for Plaintiffs

Courtroom: 6, 14th Floor Complaint Filed: October 13, 2009 Trial Date: No date set

JOINT STIPULATION AND ORDER RE persons pursuant to F.R.C.P. 23 and 23 NOTICE OF SIGNED SETTLEMENT AND U.S.C. § 216, REQUEST FOR COURT TO SET PRELIMINARY SETTLEMENT APPROVAL HEARING AND BRIEFING SCHEDULE

THIS JOINT STIPULATION AND PROPOSED ORDER REGARDING NOTICE OF A SIGNED SETTLEMENT AGREEMENT AND REQUEST FOR THE COURT TO SET A PRELIMINARY SETTLEMENT APPROVAL HEARING AND BRIEFING SCHEDULE is made by and entered into between Plaintiffs Daniel Vasquez ("Plaintiff") and Defendant Panella Trucking, LLC ("Defendant").

WHEREAS, the parties have concluded settlement negotiations and signed a Joint Stipulation of Settlement Agreement with Exhibits 1 and 2 ("Joint Stipulation of Settlement"), which is attached hereto as Exhibit A;

WHEREAS, the parties wish for the Court to set a hearing date for a hearing on a motion for preliminary approval of the parties' settlement and to also set a briefing schedule for such motion;

WHEREFORE, IT IS NOW HEREBY STIPULATED AND AGREED that: 1. The parties have attached the Joint Stipulation of Settlement as notice to the Court of the parties' intention to settle this case;

2. The deadlines set for submitting a motion for preliminary settlement approval, a hearing for preliminary approval of settlement, and a hearing on final settlement approval in the Court's Order re Revised Class Certification Briefing and/or Preliminary and Final Settlement Approval Schedule dated April 6, 2007 [Docket Document #36] are hereby vacated;

3. The Court shall set the preliminary settlement approval hearing to occur on June 1, 2011 at 9:30 a.m. or a date and/or time thereafter to be set by the Court;

4. The parties shall submit a joint motion requesting preliminary approval of the settlement by no later than May 4, 2011.

5. This Stipulation and Order is subject to revocation and modification by order of the Court, upon written stipulation of the parties, or upon motion and reasonable notice.

IT IS SO STIPULATED:

IT IS SO ORDERED.

THE HONORABLE JOHN A. MENDEZ U.S. DISTRICT COURT JUDGE

ATTESTATION OF CONCURRENCE

I hereby attest that concurrence in the filing of this document has been obtained from each of the signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing declaration is true and correct to the best of my personal knowledge.

Executed this 20th day of April, 2011 in San Francisco, California.

BY /s/ Michelle R. Barrett MICHELLE R. BARRETT Attorneys for Defendant PANELLA TRUCKING, LLC

20110421

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