STIPULATION OF THE PARTIES CONCERNING AMENDMENT OF COMPLAINT

VINCE CHHABRIA, District Judge.

The parties, through their undersigned attorneys, hereby stipulate as follows:

1. The undersigned parties are counsel of record in the above captioned action that has been filed by Plaintiff Anthony Ureta ("Ureta") against Defendant AT&T Services, Inc. ("AT&T") asserting exempt misclassification of a proposed collective and a proposed class of AT&T Training Specialists.

2. On October 29, 2015, Defendant filed a Motion to Strike Class Allegations Pursuant to Rule 12(f) or, in the alternative, Rule 23(d)(1)(D).

3. Plaintiffs have agreed not to oppose Defendant's Motion, but instead to file a Second Amended Complaint defining the proposed collective and class[es] to expressly exclude any AT&T employees who were presented with and did not timely opt out of AT&T's Management Arbitration Agreement ("MAA"). The filing of the Complaint will render AT&T's motion to strike moot.

4. The limitation in the previous paragraph shall not apply as to Plaintiffs' PAGA claims, which shall be asserted on behalf of California employees who worked for AT&T in California during the relevant limitations period irrespective of whether those employees are bound by the MAA.

5. AT&T has also agreed that the Second Amended Complaint will add Wendell Walton as a proposed class representative, and will define separate subclasses for Training Specialists employed as Designers and Deliverers.

6. AT&T reserves the right to file a responsive pleading of its choice to Plaintiffs' Second Amended Complaint.

SO STIPULATED.