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

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


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 or before September 9, 2011.

IT IS SO STIPULATED.

]PROPOSED] ORDER

The Parties having so stipulated, and GOOD CAUSE APPEARING

THEREFORE, IT IS HEREBY ORDERED that:

Action Settlement is hereby vacated;

2. The hearing on the Motion for Preliminary Approval of Class Action Settlement is

1. The August 26, 2011 hearing date on the Motion for Preliminary Approval of Class 5 hereby set for October __, 2011, or ___________, 2011, at 9:00 a.m.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

LAW OFFICES OF PETER M. HART PETER M. HART (State Bar No. 198691) 2 hartpeter@msn.com KIMBERLY A. WESTMORELAND (State Bar No. 237919) 3 kwestmoreland.loph@gmail.com 12121Wilshire Boulevard, Suite 205 4 Los Angeles, California 90025 Telephone: (310) 478-5789 5 Facsimile: (509) 561-6441 LAW OFFICES OF KENNETH H. YOON KENNETH H. YOON (State Bar No. 198443) 7 kyoon@yoonlaw.com One Wilshire Boulevard, Suite 2200 8 Los Angeles, California 90017-3383 Telephone: (213) 612-0988 Facsimile: (213) 947-1211 LARRY W. LEE (State Bar No. 228175) DIVERSITY LAW GROUP, A Professional Corporation 11 444 S. Flower Street Citigroup Center, Suite 1370 12 Los Angeles, California 90071 Telephone: (213) 488-6555 13 Facsimile: (213) 488-6554 Attorneys for Plaintiff Ashley Wilson 14

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

ASHLEY WILSON, as individuals and on behalf all of others similarly situated, Plaintiffs, v. KIEWIT PACIFIC CO., a corporation, Defendant.

Case No.: 3:09-CV-03630 SI

DECLARATION OF PETER M. HART IN SUPPORT OF STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE FOR MOTION FOR PRELIMINARY APPROVAL

I, Peter M. Hart, hereby declare:

1. I am an attorney at law duly admitted to practice before all courts in the State of California and am a member of the law firm of the Law Offices of Peter M. Hart, attorneys of record 5 for plaintiff Ashley Wilson on behalf of herself and other similarly situated individuals (hereinafter "Plaintiff"), in the above-entitled action. I was retained by Plaintiff and was originally sought out by her and did not know her prior to his contacting my offices.

2. I have personal knowledge of the matters set forth herein, and if called upon as a witness to testify thereto, I could and would competently do so.

3. On May 17, 2011, the Parties participated in a settlement conference with the Honorable Judge James Larson.

4. After the settlement conference Judge Larson issued an order that the case had settled.

5. On July 6, 2011, the Parties filed a Stipulation and [Proposed] Order to Vacate Order Dismissing Case and Setting Hearing Date on Motion for Preliminary Approval, and requested a 15 hearing date on the Motion for Preliminary Approval of Class Action Settlement ("Motion") on August 26, 2011, at 9:00 a.m.

6. 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.

7. The Parties have met and conferred regarding the terms of the class action settlement, and are in the process of gathering class data necessary for the negotiation.

8. The Parties are in the process of drafting a long-form class action Settlement Agreement.

9. The Parties require additional time to review the class data, negotiate the class settlement terms, and hone the long-form class action Settlement Agreement. 25

10. 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. 27

11. The Parties met and conferred and agree, by and between Plaintiff and Defendant, through their respective counsel, that the Motion for Preliminary Approval of Class Action Settlement 2 will be filed on or before September 9, 2011. 3

12. The Parties met and conferred and agree, by and between Plaintiff and Defendant, through their respective counsel, that the hearing date on the Motion for Preliminary 5 Approval of Class Action Settlement be scheduled for October 14, 2011, or as soon thereafter as the Court is available.

I declare under penalty of perjury and the laws of the State of California and the United States of America that the foregoing is true and correct and that this declaration was executed on this 3rd day of August, 2011 at Los Angeles, California.

PETER M. HART

20110805

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