STIPULATION AND [PROPOSED] ORDER RE FINAL APPROVAL HEARING and setting Further CMC.

EDWARD M. CHEN, District Judge.

The parties hereby submit the following Stipulation:

STIPULATION

WHEREAS, preliminary approval to the parties' settlement was granted on July 11, 2014. (Dkt. 80). As a result, the class was mailed notice of the settlement on July 25, 2014, notifying them of an October 9, 2014 hearing on final approval.

WHEREAS, counsel In Davis v. DS Waters of America, Inc. (S.D. Cal. Case No. 14-cv-00250-Bas (NLS)) submitted an objection to the settlement on behalf of a number of class members ("Objectors") regarding the settlement related to alleged meal period violation claims.

WHERAS, Davis includes rest period claims that were not alleged In Sarinana or Haley.

WHEREAS, the hearing for final approval of this settlement is currently set for October 9, 2014.

WHEREAS, the parties and the Objectors appeared for a hearing regarding a temporary restraining order issued by the Court related to Objectors' counsel on September 11, 2014. (Dkt. 82).

WHEREAS, subsequent to the September 11, 2014 hearing, counsel for the parties and Objectors met and conferred and agreed to an additional day of mediation regarding the claims for alleged meal and rest period violations before mediator Jeffrey Ross on November 21, 2014.

WHEREAS, the parties and Objectors have met and conferred and agree that the cunent hearing date for final approval of this settlement should be vacated and that notice should be sent to the class infonning them of such.

ORDER

Having read and considered the parties' and Objectors' Stipulation, the Court orders as follows:

1. The final approyal hearing currently scheduled for October 9, 2014 at 1:30 p.m. is vacated.

2. The parties are ordered to have the Claims Administrator send notice to the class that the October 9, 2014 final approval hearing is vacated. a Further CMC is set for December 18, 2014 at 10:30 a.m. An updated joint CMC statement shall be filed by December 11, 2014.