CLASS ACTION STIPULATION AND PROPOSED ORDER TO SUSPEND ENTRY OF FINAL JUDGMENT PENDING COMPLIANCE WITH CLASS ACTION FAIRNESS ACT NOTICE REQUIREMENTS

JON S. TIGAR, District Judge.

Plaintiff Marie Gaudin ("Plaintiff") and Defendant Saxon Mortgage Services, Inc. ("Defendant") (collectively, the "parties"), hereby stipulate and request an order and revised entry of judgment as follows:

WHEREAS, on November 25, 2015, the Court issued Judgment Granting Final Approval to Class Action Settlement (etc.) in this action (the "Judgment") (see Dkt. 153);

WHEREAS, the underlying settlement was governed by the Class Action Fairness Act, 28 U.S.C. §§ 1332(d) et seq. ("CAFA");

WHEREAS, CAFA required Defendant to provide notice of the settlement pursuant to government officials pursuant to 28 U.S.C. § 1715 ("CAFA Notice");

WHEREAS, the Settlement Agreement and Release of Claims shifted the duty to provide CAFA Notice to the Plaintiff (see Dkt. 129-1 at ¶ 45); and

WHEREAS, Plaintiff inadvertently failed to provide such CAFA Notice;

WHEREAS, an "order giving final approval of a proposed settlement may not be issued earlier than 90 days after the later of the dates on which the appropriate Federal official and the appropriate State official are served with the notice." 28 U.S.C. § 1715(d).

THEREFORE, the parties stipulate and request that the Court order as follows:

1. The parties request that the Court order that the Judgment in this action is withdrawn pending compliance with CAFA Notice requirements as set forth below.

2. Plaintiff will serve the requisite CAFA Notice on the appropriate Federal and/or State officials by December 18, 2015.

3. If no objection or opposition to the settlement is received from such Federal and/or State officials by March 17, 2016, then the Judgment will be deemed entered on that date.

4. If such an objection or opposition to the settlement is received, then the Court shall set a hearing and briefing schedule to address and resolve them.

IT IS SO STIPULATED

IT IS SO ORDERED:

1. The Judgment (Dkt. 153) in this action is withdrawn pending compliance with CAFA Notice requirements as set forth below.

2. Plaintiff will serve the requisite CAFA Notice on the appropriate Federal and/or State officials by December 18, 2015.

3. If no objection or opposition to the settlement is received from such Federal and/or State officials by March 17, 2016, then the Judgment will be deemed entered on that date. In that event, the Final Accounting Hearing described in paragraph 14 of the Judgment shall be continued from April 20, 2016 to August 10, 2016.

4. If such an objection or opposition to the settlement is received from the noticed officials by March 17, 2016, then the Court will set a hearing and briefing schedule thereon.