CLASS ACTION

STIPULATION AND [PROPOSED] ORDER FOR APPROVAL OF SUPERSEDEAS BOND AND TO CONTINUE STAY OF EXECUTION AND ENFORCEMENT OF JUDGMENT PENDING APPEAL

JON S. TIGAR, District Judge.

Pursuant to Civil Local Rule 7-12, Plaintiffs Julia Bernstein, et al. ("Plaintiffs") and Defendants Virgin America, Inc. and Alaska Airlines, Inc. ("Defendants") (collectively, the "Parties"), through their counsel, hereby stipulate and agree that:

WHEREAS, the Court entered judgment on February 4, 2019 (Dkt. No. 367).

WHEREAS, on February 14, 2019 and March 14, 2019, pursuant to the Parties' stipulations (Dkt. 368, 372), the Court entered Orders for an extension of stay of execution and enforcement of judgment by which any execution or enforcement of the judgment was stayed until through ten (10) court days after the Court set the amount of a supersedeas bond or the Court approved a stipulation submitted by the Parties resolving the amount of the supersedeas bond (Dkt. 369, 376).

WHEREAS, Defendants filed a Notice of Appeal to the United States Court of Appeals for the Ninth Circuit on March 4, 2019 (Dkt. No. 370).

WHEREAS, Defendants have agreed to post a supersedeas bond in the amount of Eighty-One Million Eight Hundred Thousand Dollars ($81,800,000), and Plaintiffs have agreed not to oppose this amount.

WHEREAS, Defendants have obtained a supersedeas bond in the amount of Eighty-One Million Eight Hundred Thousand Dollars ($81,800,000), which is attached hereto as Exhibit A.

WHEREAS, Defendants represent that they are able to satisfy the judgment.

WHEREAS, Defendants have made representations to Plaintiffs concerning their current financial condition, and have agreed to immediately notify Plaintiffs of any material change in such condition that would impact Defendants' ability to pay the judgment.

WHEREAS, Defendants have agreed that, if the United States Court of Appeals for the Ninth Circuit affirms the judgment, the bond attached as Exhibit A will remain in effect until at least thirty days after the issuance of the mandate by the United States Court of Appeals for the Ninth Circuit or the full satisfaction of any judgment in favor of Plaintiffs, whichever date is earlier, and the Parties agree to continue the stay provided under Fed. R. Civ. Proc. 62(a) until thirty days after issuance of the mandate by the United States Court of Appeals for the Ninth Circuit.

IT IS SO STIPULATED.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that a supersedeas bond in the amount of Eighty-One Million Eight Hundred Thousand Dollars ($81,800,000) is approved. The Clerk of Court is hereby directed to post the bond in the amount of $81,800,000, which is attached as Exhibit A to the parties' Stipulation.

PURSUANT TO STIPULATION, IT IS FURTHER ORDERED that, if the United States Court of Appeals for the Ninth Circuit affirms the judgment, the bond attached as Exhibit A will remain in effect until at least thirty days after the issuance of the mandate by the United States Court of Appeals for the Ninth Circuit or the full satisfaction of any judgment in favor of Plaintiffs, whichever date is earlier, and the stay will be continued under Fed. R. Civ. Proc. 62(a) until thirty days after issuance of the mandate by the United States Court of Appeals for the Ninth Circuit. Plaintiffs may also seek emergency relief from the stay of execution in the event of any material change in Defendants' financial condition that reasonably implicates Defendants' ability to pay the judgment.

IT IS SO ORDERED.