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Janet Lindner Spielberg (SBN 221926) LAW OFFICES OF JANET LINDNER SPIELBERG 12400 Wilshire Boulevard, #400 Los Angeles, California 90025 Tel: (310) 392-8801 Fax: (310) 278-5938 Email: jlspielberg@jlslp.com Michael D. Braun (SBN 167416) BRAUN LAW GROUP, P.C. 10680 West Pico Boulevard, Suite 280 Los Angeles, CA 90064 Tel: (310) 836-6000 Fax: (310) 836-6010 Email: service@braunlawgroup.com Attorneys for Plaintiffs

Joseph N. Kravec, Jr. (pro hac vice) Wyatt A. Lison (pro hac vice) Maureen Davidson-Welling (pro hac vice) STEMBER FEINSTEIN DOYLE PAYNE & KRAVEC, LLC Allegheny Building, 17th Floor 429 Forbes Avenue Pittsburgh, PA 15219 Tel: (412) 281-8400 Fax: (412) 281-1007 Email: jkravec@stemberfeinstein.com wlison@stemberfeinstein.com mdavidsonwelling@stemberfeinstein.com

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

TAMAR DAVIS LARSEN and ARAN EISENSTAT on behalf of themselves and all others similarly situated, Plaintiffs, v. TRADER JOES COMPANY, Defendant.

CASE NO.: CV-11-5188-SI CLASS ACTION JOINT STIPULATION REGARDING BRIEFING SCHEDULE ON PLAINTIFFS MOTION FOR CLASS CERTIFICATION

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Case No.: CV-11-5188-SI JOINT STIPULATION RE: BRIEFING SCHEDULE

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Pursuant Local Rules 6-2 and 7-12, Plaintiffs Tamar Davis Larsen and Aran Eisenstat and Defendant Trader Joes Company (collectively, the Parties), submit this joint stipulation to inform the Court that the parties have reached a settlement in principle and to take Plaintiffs Motion for Class Certification off the calendar. WHEREAS, the original complaint in this matter was filed on October 24, 2011; WHEREAS, Plaintiffs filed their First Amended Complaint (FAC) on January 12, 2012; WHEREAS, Plaintiffs filed their Second Amended Complaint (SAC) on March 23, 2012; WHEREAS, Defendant challenged the pleading, and on June 14, 2012, this Court issued an Order Granting in Part and Dismissing in Part Defendants Motion to Dismiss; WHEREAS, on July 10, 2012, the Parties participated in a private mediation; WHEREAS, following the private mediation, the Parties continued to engage in settlement discussions, but were unable to reach a settlement and subsequently began discovery; WHEREAS, Defendant has since propounded document requests and interrogatories on both Plaintiffs; WHEREAS, Plaintiffs have propounded multiple sets of document requests and interrogatories on Defendant; noticed a deposition pursuant to Fed. R.Civ. P. 30(b)(6); and propounded third party discovery requests and sought depositions of five non-parties; WHEREAS, the parties continued their good faith discussions regarding the possibility of settlement and engaged in another round of mediation before the Hon. Peter Lichtman (Ret.) of JAMS on March 4, 2013; WHEREAS, the March 4, 2013 mediation was partially successful, but required another full day of mediation on March 22, 2013; WHEREAS, over the next several weeks, with the continued assistance of the mediator, the parties reached an agreement in principle to settle the above captioned matter. WHEREAS, the parties anticipate filing a motion for preliminary approval of settlement within the next 90 days; WHEREAS, Plaintiffs Motion for Class Certification is currently due on May 3, 2013;

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WHEREAS, in light of the settlement agreement, and the parties desire to dedicate their time and resources to finalizing and memorializing the settlement terms, the parties seek a modification of the scheduling order deferring Plaintiffs Class Certification Motion; WHEREAS, the proposed schedule will not require modification of any other court-imposed deadlines, and no trial date has been set in this matter; WHEREAS, this Stipulation is made in good faith, in the interest of judicial efficiency and not for purposes of delay; WHEREAS, the parties have previously sought six modifications to the schedule with respect to various motions and filings. See Docket Nos. 5, 14, 27, 35, 50, & 59; NOW, THEREFORE, the parties hereby stipulate, by and through their respective attorneys of record and respectfully request that the Court enter an order as follows: (1) All dates associated with the filing and hearing of Plaintiffs Class Certification Motion [Dkt. No 61] are taken off calendar without prejudice. (2) Parties to submit motion for preliminary approval of settlement within 90 days of entry of an order on this stipulation.

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Case No. CV-11-5188-SI JOINT STIPULATION RE: BRIEFING SCHEDULE

Dated: April 29, 2013

BRAUN LAW GROUP By: /s/ Michael D. Braun

Attorneys for Plaintiffs Tamar Larsen and Aran Eisenstat

Dated: April 29, 2013

OMELVENY & MYERS LLP /s/ Randall W. Edwards

Attorneys for Defendant Trader Joes Company

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ECF CERTIFICATION The filing attorney attests that he has obtained concurrence regarding the filing of this document from the signatories to this document. Dated: April 29, 2013 BRAUN LAW GROUP, P.C. By: /s/ Michael D. Braun Attorneys for Plaintiffs Tamar Larsen and Aran Eisenstat

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: April 29, 2013

CERTIFICATE OF SERVICE I hereby certify that on April 29, 2013, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses denoted on the Electronic Mail Notice List. I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

BRAUN LAW GROUP, P.C. By: /s/ Michael D. Braun Attorneys for Plaintiffs Tamar Larsen and Aran Eisenstat

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Janet Lindner Spielberg (SBN 221926) LAW OFFICES OF JANET LINDNER SPIELBERG 12400 Wilshire Boulevard, #400 Los Angeles, California 90025 Tel: (310) 392-8801 Fax: (310) 278-5938 Email: jlspielberg@jlslp.com Michael D. Braun (SBN 167416) BRAUN LAW GROUP, P.C. 10680 West Pico Boulevard, Suite 280 Los Angeles, CA 90064 Tel: (310) 836-6000 Fax: (310) 836-6010 Email: service@braunlawgroup.com Attorneys for Plaintiffs

Joseph N. Kravec, Jr. (pro hac vice) Wyatt A. Lison (pro hac vice) STEMBER FEINSTEIN DOYLE PAYNE & KRAVEC, LLC Allegheny Building, 17th Floor 429 Forbes Avenue Pittsburgh, PA 15219 Tel: (412) 281-8400 Fax: (412) 281-1007 Email: jkravec@stemberfeinstein.com wlison@stemberfeinstein.com mdavidsonwelling@stemberfeinstein.com

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

TAMAR DAVIS LARSEN and ARAN EISENSTAT on behalf of themselves and all others similarly situated, Plaintiffs, v. TRADER JOES COMPANY, Defendant. __________

CASE NO.: CV-11-5188-SI CLASS ACTION DECLARATION OF MICHAEL D. BRAUN IN SUPPORT OF PARTIES JOINT STIPULATION REGARDING BRIEFING SCHEDULE ON PLAINTIFFS MOTION FOR CLASS CERTIFICATION

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Case No.: CV-11-5188-SI BRAUN DECL. ISO JOINT STIPULATION RE: BRIEFING SCHEDULE

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I, Michael D. Braun declare as follows: I am a principal with the Braun Law Group, P.C., co-counsel for Plaintiffs Tamar

Larsen and Aran Eisenstat in the above captioned action. I am a member of the California Bar and am admitted to practice in this District. 2. This declaration is submitted in support of the parties Joint Stipulation Regarding

Briefing Schedule on Plaintiffs Motion for Class Certification filed concurrently herewith. I have direct and personal knowledge of the facts stated in this Declaration. If called and sworn as a witness, I could and would testify competently to those facts. 3. 4. The original complaint in this matter was filed on October 24, 2011. Over the course of this litigation, parties have stipulated to six scheduling

modifications. On November 15, 2011, the parties stipulated to extend Defendants time to respond to Plaintiffs Complaint and to propose a briefing schedule for a motion to dismiss. (Dkt. No. 5.) On December 27, 2012, the parties stipulated to modify the hearing date set forth in the proposed briefing schedule stipulated to on November 15, 2011. (Dkt. No. 14.) On January 19, 2012, the parties stipulated to extend Defendants time to respond to Plaintiffs Complaint and to propose a briefing schedule. (Dkt. No. 27.). On April 2, 2012, the parties stipulated to extending the deadline for Defendant to answer or otherwise respond to the Second Amended Complaint (Dkt. No. 35). On October 1, 2012, the parties stipulated to a briefing schedule on Plaintiffs motion for class certification (Dkt. No. 50). Finally, on February 8, 2013, parties stipulated to extend the briefing schedule established on Plaintiffs motion for class certification in order to facilitate another round of mediation (Dkt. No. 59). Thus far, all proposed briefing schedules and requests for time modifications have been granted by the Court. 5. Over the past several months Parties have actively engaged in discovery. In addition

to extensive written discovery propounded on Defendant, Plaintiffs have also sought written discovery and deposition testimony from five non-party witnesses. 6. In July 2012, the Parties participated in a private mediation before the Hon. Peter

Lichtman (Ret.) of JAMS. Although the mediation did not instantly resolve the litigation, parties

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continued a good faith dialogue and agreed to engage in a second round of mediation before Judge Lichtman (Ret.) on March 4, 2013. 7. The March 4, 2013 mediation was partially successful, but required another full day

of mediation which was held on March 22, 2013. 8. Over the next several weeks, with the continued assistance of Judge Lichtman, the

parties reached an agreement in principle to settle this matter. 9. The parties now wish to take Plaintiffs motion for class certification off calendar,

without prejudice, in order to dedicate their time and resources to formalizing the settlement and presenting it to the Court for preliminary approval. 10. This request is being made in light of the parties mutual desire to: (a) proceed with

the litigation efficiently; (b) focus their near term efforts on finalizing and memorializing the settlement; and (c) save the time and expense associated with additional litigation that may be unnecessary in light of the settlement. 11. The modification proposed in the accompanying stipulation alters only the timing of

Plaintiffs class certification motion. It does not affect any other court-imposed deadlines.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on this 29th day of April 2013, Los Angeles, California.

MICHAEL D. BRAUN

uZ

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Janet Lindner Spielberg (SBN 221926) LAW OFFICES OF JANET LINDNER SPIELBERG 12400 Wilshire Boulevard, #400 Los Angeles, California 90025 Tel: (310) 392-8801 Fax: (310) 278-5938 Email: jlspielberg@jlslp.com Michael D. Braun (SBN 167416) BRAUN LAW GROUP, P.C. 10680 West Pico Boulevard, Suite 280 Los Angeles, CA 90064 Tel: (310) 836-6000 Fax: (310) 836-6010 Email: service@braunlawgroup.com Attorneys for Plaintiffs

Joseph N. Kravec, Jr. (pro hac vice) Wyatt A. Lison (pro hac vice) STEMBER FEINSTEIN DOYLE PAYNE & KRAVEC, LLC Allegheny Building, 17th Floor 429 Forbes Avenue Pittsburgh, PA 15219 Tel: (412) 281-8400 Fax: (412) 281-1007 Email: jkravec@stemberfeinstein.com wlison@stemberfeinstein.com mdavidsonwelling@stemberfeinstein.com

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

TAMAR DAVIS LARSEN and ARAN EISENSTAT on behalf of themselves and all others similarly situated, Plaintiffs, v. TRADER JOES COMPANY, Defendant.

CASE NO.: CV-11-5188-SI CLASS ACTION [PROPOSED] ORDER ON JOINT STIPULATION REGARDING BRIEFING SCHEDULE ON PLAINTIFFS MOTION FOR CLASS CERTIFICATION

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Case No.: CV-11-5188-SI [PROPOSED] ORDER

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Having reviewed the Parties Joint Stipulation Regarding Briefing Schedule on Plaintiffs Motion for Class Certification pursuant to Local Rule 6-2, the Court orders as follows:

(1)

All dates associated with the filing and hearing of Plaintiffs Class Certification Motion [Dkt. No 61] are taken off calendar without prejudice.

(2)

Parties to submit a motion for preliminary approval of settlement within 90 days of entry of this order.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: ____________________

_________________________________ THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE

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