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Ashley Wilson, As An Individual and On Behalf of All Others Similarly Situated v. Kiewit Pacific Co.

August 5, 2011

ASHLEY WILSON, AS AN INDIVIDUAL AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
PLAINTIFF,
v.
KIEWIT PACIFIC CO., A CORPORATION DEFENDANT.



The opinion of the court was delivered by: The Honorable Susan Illston Judge of the United States District Court

SEYFARTH SHAW LLP Gilmore F. Diekmann, Jr. (State Bar No. 50400) gdiekmann@seyfarth.com Francis J. Ortman, III (State Bar No. 213202) fortman@seyfarth.com Ari Hersher (State Bar No. 260321) ahersher@seyfarth.com 560 Mission Street, Suite 3100 San Francisco, California 94105-2930 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 5 Attorneys for Defendant KIEWIT PACIFIC CO. LAW OFFICES OF PETER M. HART PETER M. HART (State Bar No. 198691) 8 hartpeter@msn.com KIMBERLY A. WESTMORELAND (State Bar No. 237919) 9 kwestmoreland.loph@gmail.com 12121 Wilshire Blvd, Suite 205 Los Angeles, California 90025 Telephone: (310) 478-5789 11 Facsimile: (509) 561-6441 Attorneys for Plaintiff ASHLEY WILSON

STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE FOR MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT

Pursuant to Civil Local Rules 7-12 and 16-2, it is hereby stipulated, by and between ASHLEY WILSON ("Plaintiff") and KIEWIT PACIFIC CO. ("Defendant") (collectively the "Parties"), through their respective undersigned counsel, as follows:

WHEREAS, on May 17, 2011, the Parties participated in a settlement conference with the Honorable Judge James Larson; 3 individual and class action claims at the settlement conference; Vacate Order Dismissing Case and Setting Hearing Date on Motion for Preliminary Approval, 7 and requested a hearing date on the Motion for Preliminary Approval of Class Action Settlement 8

WHEREAS, the Court entered an Order Vacating the Order Dismissing the Case and setting the hearing date on the Parties' Motion for August 26, 2011, at 9:00 a.m.; settlement, and are in the process of gathering class data necessary for the negotiation; Agreement; class settlement terms, and hone the long-form class action Settlement Agreement;

WHEREAS, the Parties provisionally agreed on settlement terms for Plaintiff's

WHEREAS, on July 6, 2011, the Parties filed a Stipulation and [Proposed] Order to ("Motion") on August 26, 2011, at 9:00 a.m.; 9

WHEREAS, the Parties have met and conferred regarding the terms of the class action

WHEREAS, the Parties are in the process of drafting a long-form class action Settlement

WHEREAS, the Parties require additional time to review the class data, negotiate the

WHEREAS, the Parties have met and conferred and due to the schedules of counsel, the Parties do not anticipate that they will be able to file the Motion until September 9, 2011. through their respective undersigned counsel, that the Motion for Preliminary Approval of Class 21

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendant, through their respective undersigned counsel, that the hearing date on the Motion for Preliminary Approval of Class Action Settlement be scheduled for October 14, 2011, or as soon thereafter as 25 the Court is available.

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendant, Action Settlement will be filed on ...


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