PUTATIVE CLASS ACTION

JOINT STIPULATION AND ORDER TO VACATE PRETRIAL DEADLINES

WILLIAM H. ORRICK, District Judge.

Pursuant to Civil Local Rule 7-12 of the United States District Court for the Northern District of California, the Parties to the above entitled action, Plaintiff PAULA DONALD ("Plaintiff,"), Defendant XANITOS, INC. ("Xanitos"), and Defendant KAISER FOUNDATION HOSPITALS ("Kaiser") (collectively referred to as the "Parties"), by and through their undersigned counsel, enter into the following Stipulation:

WHEREAS on April 19, 2016, the parties mediated before respected neutral Mark Rudy;

WHEREAS the parties successfully reached an agreement to resolve all claims in the above-entitled action;

WHEREAS a Memorandum of Understanding, outlining the material terms has been executed by all parties;

WHEREAS since the April 19, 2016 meditation, the parties have diligently continued negotiations, and recently reached agreement as to all of the final terms of full Settlement Agreement and Release of Claims;

WHEREAS on July 11, 2016, the Parties exchanged a draft Motion for Preliminary Approval;

WHEREAS Plaintiff intends to file her Motion for Preliminary Approval within two (2) weeks and by July 26, 2016;

WHEREAS the Court's October 21, 2015 Order scheduled various deadlines related to certification including a hearing on August 31, 2016 at 2:00 p.m. regarding Plaintiff's Motion for Class Certification;

WHEREAS, the Parties agree it would be appropriate to vacate the deadlines for Plaintiff's Motion for Class Certification, Defendant's Response to a Motion for Class Certification and Plaintiff's Reply thereto, pending approval of the Settlement;

WHEREAS the Parties request to maintain the hearing currently scheduled for August 31, 2016 at 2:00 p.m. for purposes of the Motion for Preliminary Approval that will be filed by July 26, 2016;

NOW THEREFORE, the Parties agree and stipulate to vacate all deadlines related to certification, pending approval of the Settlement. Such deadlines include the deadlines for Plaintiff's Motion for Class Certification, Defendant's Response to a Motion for Class Certification and Plaintiff's Reply thereto. These dates will be reset in the event the Settlement is not approved. The hearing currently scheduled for August 31, 2016 at 2:00 p.m. will be maintained for purposes of the Motion for Preliminary Approval that will be filed by July 26, 2016.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

CONCURRENCE IN FILING

I, Stephen Noel Ilg, hereby attest, pursuant to N.D. Cal. Local Rule 5-1(i)(3) that concurrence to the filing of this document has been obtained from each signatory.

PURSUANT TO STIPULATION, IT IS ORDERED AS FOLLOWS:

All deadlines related to certification, pending approval of the Settlement are hereby vacated. Such deadlines include the deadlines for Plaintiff's Motion for Class Certification, Defendant's Response to a Motion for Class Certification and Plaintiff's Reply thereto. These dates will be reset in the event the Settlement is not approved. The hearing currently scheduled for August 31, 2016 at 2:00 p.m. will be maintained for purposes of the Motion for Preliminary Approval.

IT IS SO ORDERED.