STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

EDWARD M. CHEN, District Judge.

Pursuant to Civil L.R. 7-12, Plaintiffs Rick Delagarza, Paul Gutierrez, Sal Lucido, April Moore, Charles Grimmett, Antonio Garcia and Brian Cashwell ("Plaintiffs") and Defendant Tesoro Refining and Marketing Company ("Tesoro") (collectively, the "Parties"), by and through their undersigned counsel, hereby stipulate and agree as follows:

WHEREAS, a case management conference is currently scheduled in this matter for February 8, 2013, at 10:30 a.m.

WHEREAS, the Parties are engaged in substantial settlement negotiations with a high likelihood of success and hope to focus resources on settlement rather than continued litigation;

WHEREAS, the Parties have participated in two all-day, private mediation sessions with Mediator Mark Rudy, on October 15, 2011 and May 14, 2012;

WHEREAS, on August 8, 2012, this case was consolidated with Burgess v. Tesoro Ref. & Mktg. Co., USCD Case No. 10-cv-05870 DMG (PLAx), which has been certified as a class action and is pending in the U.S. District Court for the Central District of California;

WHEREAS, the Parties have reached an agreement in principle resolving the "going forward" issues that will require the negotiation of supplemental agreements to two separate collective bargaining agreements governing the employment of class members in this action and in Burgess, and the participation of two local bargaining committees of Plaintiffs' labor union and Tesoro labor negotiators, as well as ratification by the membership;

WHEREAS, a proposal regarding the monetary aspects of settlement was made during the second mediation session, and the Parties are evaluating each other's respective positions;

WHEREAS, since the first mediation session and now specifically in connection with the proposed monetary settlement, the Parties have spent considerable time and dedicated substantial resources to collecting and analyzing payroll data, consisting of the number of 12-hour shifts worked by, and the applicable wage rates for, each class member in this case (for a period covering 8 years) and in Burgess (for a period covering more than 4 years). The project required the analysis of hundreds of thousands of daily time clock entries and calculation of corresponding wage rates. The Parties are now extremely close to reaching an agreement on the monetary aspects of settlement but must resolve final discrepancies between exposure analyses and document the agreement;

WHEREAS, the Parties estimate that it will take at least an additional four weeks to negotiate, draft, and reach a final agreement about the language in these documents;

WHEREAS, the Parties are optimistic that settlement can be achieved within the next 30 days; and

WHEREAS, the Parties agree that judicial economy would be promoted by continuing the case management conference until March 1, 2013, or a date thereafter that is convenient for the Court.

THEREFORE, THE PARTIES HERETO STIPULATE AND RESPECTFULLY REQUEST THAT THE COURT ORDER that the case management conference scheduled for February 8, 2013, be continued to March 1, 2013, or the soonest available date thereafter.

PURSUANT TO STIPULATION, IT IS SO ORDERED that the case management conference currently set for February 8, 2013 shall be rescheduled for March 7, 2013 at 10:30 a.m.