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Luke Halton and Dennis Bier, Individually and On Behalf of All v. Valspar Corporation and Subsidiaries

November 23, 2011

LUKE HALTON AND DENNIS BIER, INDIVIDUALLY AND ON BEHALF OF ALL OTHER SIMILARLY SITUATED CURRENT AND FORMER EMPLOYEES, PLAINTIFFS,
v.
VALSPAR CORPORATION AND SUBSIDIARIES, A DELAWARE CORPORATION, AND DOES 1 THROUGH 10, INCLUSIVE,
DEFENDANTS.



Shawn Khorrami, SBN 180411 skhorrami@kpalawyers.com Robert J. Drexler, Jr., SBN 119119 rdrexler@kpalawyers.com Launa Adolph, SBN 227743 ladolph@kpalawyers.com KHORRAMI POLLARD & ABIR LLP 444 S. Flower St., Thirty-Third Floor Los Angeles, California 90071 Telephone: (213) 596-6000 Facsimile: (213) 596-6010 Attorneys for Plaintiffs Joan B. Tucker Fife, SBN 144572 jfife@winston.com WINSTON & STRAWN LLP 101 California Street, Suite 3900 San Francisco, CA 94111 Telephone: (415) 591-1000 Facsimile: (415) 591-1400 Attorneys for Defendant ADDITIONAL COUNSEL LISTED ON SIGNATURE PAGE

AMENDED JOINT STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER

The parties to the above-referenced action stipulate as follows:

WHEREAS, the Court has set the following deadlines relating to class certification:

1. Pre-certification discovery cut-off: December 16, 2011;

2. Plaintiff's Motion for Class Certification: January 31, 2012;

3. Defendant's Opposition: February 14, 2012;

4. Plaintiff's Reply: February 21, 2012; and

5. Hearing on Class Certification: March 23, 2012.

(Docket No. 24.)

WHEREAS, Plaintiffs' operative complaint contains claims regarding alleged meal and rest period violations under California law;

WHEREAS, the case of Brinker Restaurant Corp. et al. v. Superior Court of San Diego County (Hohnbaum et al., Real parties in Interest) ("Brinker"), which is currently under consideration of the California Supreme Court, involves questions of how to interpret and apply California meal and rest period law;

WHEREAS, the California Supreme Court is set to hear oral argument on November 8, 2011;

WHEREAS, the parties believe that the California Supreme Court will issue a decision within 90 days;

WHEREAS, the meal and rest break issues to be decided by the California Supreme Court in Brinker are relevant to the legal issues in this ...


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