STIPULATION AND ORDER TO STAY ALL PROCEEDINGS PENDING FINAL APPROVAL OF THE PROPOSED CLASS ACTION SETTLEMENT IN CARL, ET AL. V. ADVANCED CALL CENTER TECHNOLOGIES, LLC

KIMBERLY J. MUELLER, District Judge.

Plaintiffs Quianna Ray and Marquia Tucker ("Plaintiffs") and Defendant Advanced Call Center Technologies, LLC ("ACT") (collectively "the Parties"), by and through their counsel of record, hereby stipulate and respectfully request that this action be stayed pending final approval of a proposed class action settlement in the case entitled Shelley Carl, et al. v. Advanced Call Center Technologies, LLC, Superior Court for the State of California, Sacramento County, Case No. 34-2013-00148310. The facts underlying the stipulation and request for a stay are as follows:

RECITALS

1. On May 8, 2013, a putative class action lawsuit entitled Devra Keokongchack v. Advanced Call Center Technologies, LLC, U.S.D.C. Eastern District of California, Case No. 13cv1385 ("Keokongchack"), was filed against ACT. The Keokongchack lawsuit asserts claims for alleged violations of the California Labor Code and California Business & Professions Code.

2. On June 13, 2013, Plaintiffs filed this lawsuit as a putative class action against ACT. This lawsuit asserts claims for alleged violations of the California Labor Code and California Business & Professions Code.

3. On July 19, 2013, a putative class action lawsuit entitled Shelley Carl, et al. v. Advanced Call Center Technologies, LLC, Superior Court for the State of California, Sacramento County, Case No. 34-2013-00148310 ("Carl"), was filed against ACT. The Carl lawsuit asserts claims for alleged violations of the California Labor Code and California Business & Professions Code.

4. On November 13, 2013, a private mediation was conducted with mediator Michael Dickstein to discuss a potential global resolution of Keokongchack, Carl, and this lawsuit.

5. On April 17, 2014, following continued assistance from mediator Michael Dickstein, the named plaintiffs in all three putative class actions and ACT finalized a memorandum of understanding for a proposed class action settlement in Carl, subject to approval by the Sacramento Superior Court.

6. Although ACT has agreed to a proposed class action settlement, ACT does not admit that it engaged in any unlawful conduct. The Parties agree that the proposed class action settlement shall not be construed as an admission by ACT that it has violated any statute, law, or regulation.

7. Counsel for the named plaintiffs in Carl has reserved a hearing date in June 2014 for a motion for preliminary approval of the proposed class action settlement.

8. Plaintiffs have reviewed the terms of the proposed class action settlement in Carl and agree that they are fair, adequate, and reasonable. As a result, Plaintiffs have opted to participate in the proposed class action settlement in Carl which, if approved by the Sacramento Superior Court, would resolve and release their claims against ACT that are alleged in this lawsuit.

9. If, for whatever reason, the Sacramento Superior Court does not grant final approval of the proposed class action settlement in Carl, and therefore Plaintiffs' claims are not resolved and released through the proposed class action settlement, the Parties wish to maintain the status quo in this action.

10. As of the date of this stipulation, no class has been certified in this action and no notice has been sent to the putative class members.

11. As of the date of this stipulation, all previously set deadlines and hearings, except for the April 18, 2014 deadline to file dispositional documents, have been vacated.

STIPULATION

Accordingly, the Parties stipulate and respectfully request that this action be stayed pending final approval of the proposed class action settlement in Shelley Carl, et al. v. Advanced Call Center Technologies, LLC, Superior Court for the State of California, Sacramento County, Case No. 34-2013-00148310. The Parties will file a joint statement notifying the Court of the status of the proposed class action settlement within three days of the Sacramento Superior Court's ruling on the motion for final approval.

IT IS SO STIPULATED.

ORDER

Good cause appearing, the Parties' stipulation for a stay pending final approval of the proposed class action settlement in Shelley Carl, et al. v. Advanced Call Center Technologies, LLC, Superior Court for the State of California, Sacramento County, Case No. 34-2013-00148310, is GRANTED. The Parties are directed to file a joint statement notifying the Court of the status of the proposed class action settlement within three days of the Sacramento Superior Court's ruling on the motion for final approval.

IT IS SO ORDERED.