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Mario L. Orsolini and andrew M. Sba Levine v. Mead Clark Lumber Co. Aka Mead Clark Lumber Company

June 13, 2011

MARIO L. ORSOLINI AND ANDREW M. SBA LEVINE, PLAINTIFFS,
v.
MEAD CLARK LUMBER CO. AKA MEAD CLARK LUMBER COMPANY, INC.,
AND RANDAL J. DESTRUEL,
DEFENDANTS.



The opinion of the court was delivered by: Hon. Saundra B. Armstrong United States District Judge

TERESA S. RENAKER (State Bar #187800) LINDSAY NAKO (State Bar #239090) JULIE WILENSKY (State Bar #271765) LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. 476 9th Street Oakland, CA 94607 Telephone: (510) 839-6824 Facsimile: (510) 839-7839 Email: trenaker@lewisfeinberg.com lnako@lewisfeinberg.com jwilensky@lewisfeinberg.com J. TIMOTHY NARDELL (State Bar #184444) NARDELL CHITSAZ & ASSOCIATES LLP 790 Mission Avenue San Rafael, California 94901 Telephone: (415) 485-2200 Facsimile: (415) 457-1420 10 Email: tim@ncalegal.com Attorneys for Plaintiffs MARIO L. ORSOLINI and ANDREW M. LEVINE

STIPULATION AND ORDER CERTIFYING CLASS ACTION

Clark Lumber Company, Inc., and Randal J. Destruel ("Defendants"), on the other, by and 4 through their respective counsel of record, with respect to the following facts: action; judicial economy to stipulate to class certification; Clark Lumber Company, Inc. 401(k) Profit Sharing Plan (the "Plan") and their beneficiaries, in 11 satisfaction of the numerosity requirement of Fed. R. Civ. P. 23(a)(1); fiduciary duties to the participants and beneficiaries of the Plan is common to all members of the 14 proposed class, in satisfaction of Fed. R. Civ. P. 23(a)(2); proposed class because they are based on the same set of operative facts, in satisfaction of Fed.

WHEREAS the parties agree that Plaintiffs Mario L. Orsolini and Andrew M. Levine are adequate class representatives in this action, in satisfaction of Fed. R. Civ. P. 23(a)(4); counsel, Lewis, Feinberg, Lee, Renaker & Jackson, P.C., and Nardell Chitsaz & Associates, LLP, as class counsel, based on the considerations set forth in Fed. R. Civ. P. 23(g) and the 23 information provided in the Declarations of Teresa S. Renaker and J. Timothy Nardell, filed 24 herewith; and This Stipulation is made by and between Plaintiffs Mario L. Orsolini and Andrew M. Levine ("Plaintiffs"), on the one hand, and Defendants Mead Clark Lumber Co. AKA Mead

WHEREAS Plaintiffs brought the above-entitled action ("the action") as a putative class

WHEREAS the parties to the action agree that it is in their interests and in the interest of

WHEREAS the proposed class includes approximately 200 participants in the Mead

WHEREAS the parties agree that Plaintiffs' allegation that Defendants breached their

WHEREAS the parties agree that Plaintiffs' claims are typical of the claims of the R. Civ. P. 23(a)(3);

WHEREAS the parties agree it would be appropriate for the court to appoint Plaintiffs'

WHEREAS the parties agree that this class action is maintainable under Fed. R. Civ. P. 23(b)(1)(A), 23(b)(1)(B), and/or 23(b)(2), in that certification of a class on Plaintiffs' claim for 27 breach of fiduciary duty would prevent "inconsistent or varying adjudications with respect to 28 individual members of the class which would establish incompatible standards of conduct for the party opposing the class"; resolution of Plaintiffs' claim for breach of fiduciary duty will, as a 2 practical matter, dispose of Class members' claims; and/or the actions alleged by Plaintiffs to 3 constitute breaches of fiduciary duty were actions which are generally applicable to the class as 4 defined below; and mailing of written notice of class certification to class members, pursuant to Fed. R. Civ. P.

NOW, THEREFORE, the parties to this action, by and through their undersigned attorneys, hereby stipulate as follows:

WHEREAS the parties agree to the class definition set forth below; and

WHEREAS the parties agree that it would be appropriate for the Court to order the c)(2), and Plaintiffs' counsel agrees to ...


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