NOTICE OF CONDITIONAL SETTLEMENT AND STIPULATION AND [PROPOSED] ORDER TO STAY ACTION PENDING BANKRUPTCY TRUSTEE'S APPROVAL OF SETTLEMENT AMOUNT

GARLAND E. BURRELL, Jr., Senior District Judge.

NOTICE IS HEREBY GIVEN that the parties in the above captioned matter known as Amy Barefield v. Edco Group, Inc., et al., Case No. 2129-CV-00374-GEB-CKD, have entered a conditional settlement agreement.

NOTICE IS FURTHER GIVEN that plaintiff Amy M. Barefield ("Plaintiff") and defendants Edco Group, Inc. and Sharon Mast ("Defendants"), through their counsel of record, hereby stipulate, as follows.

WHEREAS, on or about December 3, 2012, Defendants learned for the first time that Plaintiff had filed bankruptcy with the United States Bankruptcy Court, Eastern District of California, Case Number 10-52147-C-7, during the pendency of this civil action;

WHEREAS, the bankruptcy case is now closed;

WHEREAS, on December 6, 2012, the parties mediated this action with the Honorable Raul Ramirez (retired) and reached a settlement agreement;

WHEREAS, the settlement agreement is conditioned upon Plaintiff obtaining written approval of the settlement amount from the trustee in her bankruptcy action, due to relevant representations Plaintiff made in her bankruptcy filings about this action, and;

WHEREAS, approval from the trustee is necessary to protect the interests of the trustee and the bankruptcy estate.

Plaintiff and Defendants stipulate and agree that:

1. The Court stay this action in its entirety until such time the trustee provides written approval of the settlement amount or denies such approval;

2. In the event the trustee provides written approval of the settlement amount, Plaintiff will take all steps necessary to have this action dismissed with prejudice;

3. In the event the trustee denies approval of the settlement amount and no later than 10 court days thereafter, Plaintiff and Defendants shall file a joint case management statement proposing new dates for the following: (a) the completion of discovery; (b) initial expert disclosures; (c) contradictory and/or rebuttal expert disclosures; (d) the motion hearing schedule; (e) the final pre-trial conference; (f) trial; and (g) any other matters the Court deems appropriate.

4. Nothing in this stipulation shall limit in any way any party's rights in either this action or Plaintiff's bankruptcy action.

IT IS SO STIPULATED AND AGREED.

[PROPOSED] ORDER

After full consideration of the parties' stipulation, and good cause appearing therefor,

IT IS HEREBY ORDERED that this action is stayed in its entirety until the trustee in Plaintiff's bankruptcy action provides written approval of the settlement amount or denies such approval. IT IS FURTHER ORDERED that if the trustee provides written approval of the settlement amount, Plaintiff will immediately take all steps necessary to have this action dismissed with prejudice. IT IS FURTHER ORDERED that if the trustee denies approval of the settlement amount, within 10 Court days of such denial, the parties shall file a joint case management statement proposing new dates for the following: (a) the completion of discovery; (b) initial expert disclosures; (c) contradictory and/or rebuttal expert disclosures; (d) the motion hearing schedule; (e) the final pre-trial conference; (f) trial; and (g) any other matters the Court deems appropriate.