STIPULATION AND [PROPOSED] ORDER EXPEDITING HEARING ON UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

EDWARD J. DAVILA, District Judge.

WHEREAS the parties have reached a proposed Settlement of this class action lawsuit that is intended to resolve all claims in the above-entitled case, as well as all claims in the related case Duke v. Bank of Am., Case No. 5:12-cv-04009 (N.D. Cal.) and claims in the following similar Actions: Ramirez v. Bank of Am., N.A., Case No. 11-cv-02008 (S.D. Cal.); Johnson v. Bank of Am., N.A., Case No. 11-cv-3040 LAB (S.D. Cal.); Makin v. Bank of Am., N.A., Case No. 12-cv-1662 LAB (S.D. Cal.); and Bradshaw v. Bank of Am. Corp., 13-CV-0431 LAB RBB (S.D. Cal.).

WHEREAS, Plaintiffs filed an Unopposed Motion for Preliminary Approval of Class Action Settlement ("Motion for Preliminary Approval") (Dkt. No. 59) on September 27, 2013.

WHEREAS, the hearing regarding the Motion for Preliminary Approval is currently scheduled for February 28, 2014.

WHEREAS, if the Court grants preliminary approval, 6,261,588 Class Members will receive notice of the terms of the Settlement through First-Class postcards.

WHERAS, on January 26, 2014, the cost to mail First-Class postcards will increase by one cent.

WHEREAS, by expediting the Preliminary Approval Hearing so the mailing occurs prior to the rate increase the Parties can save the Class $62,615.88 in notice costs.

WHEREAS, the Parties will make themselves available at the Court's convenience for the Preliminary Approval hearing on any weekday, including before or after regular court sessions. The weeks of October 21, October 28, and November 4 are especially convenient for the Parties and would provide the Claims Administrator sufficient time to ensure the mailing can be sent early enough to avoid the rate increase.

I. STIPULATION

The Parties agree that expediting the Preliminary Approval hearing in order to save the Class $62,615.88 in notice costs is in the best interest of the Class and will make themselves available at the Court's convenience for an expedited hearing.

STIPULATED, DATED AND RESPECTFULLY SUBMITTED this 7th day of October, 2013.

II. [PROPOSED] ORDER

Based on the foregoing stipulation of the parties,

IT IS HEREBY ORDERED that the Preliminary Approval hearing currently scheduled for February 28, 2014 shall be expedited and rescheduled to _______, 2013.November 8, 2013, at 9:00 a.m.

IT IS FURTHER ORDERED that, going forward, the parties must file documents in both case numbers to the extend such documents apply to both case numbers because these cases are related, stand-alone cases and have not been consolidated.