0 u n 8 4 1s 6 " ORIGINAL FILED JUN 1 2 2009 LOS ANGELES SUPERIOR COURT SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES NIKKI GREENBERG, and al those similarty sated, Paints, E*TRADE FINANCIAL CORPORATION, snd Does I through 30, inclusive, Defendants 19 2 4 2s 27 2% Case No, BC 360132 ‘Assigned to Hon. Carolyn B. Kut Department 323 CC {PROROSED] ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICK OF THE SETTLEMENT Dept: 323. CCW Complaint filed: October 11, 2006 [PROPOSED] ORDER PRELIMINARILY APPROVING SETTLEMENT10 2 B 16 15 16 v 19 2» a 23 4 25 6 n Plaintiff NIKKI GREENBERG and all those sinilany stated (oletvely refered to as “Plaintifi") and Defendant E*TRADE FINANCIAL Corporation (“E*TRADE”), having made application, pursuant to California Code of Civil Procedure Section 382, for an onder liminary approving the sellement of this Action in accordance with the Setlement Agreement and Release, as amended, rocked by the parties (borate, as amended, the "Settlement Agreement’), which together with the exhibits referenced therein set forth the terms and conditions for the proposed setlement of the Action; the Court having reviewed and ‘considered the pplication and the Settlement Agreement and good cause appearing: ‘NOW THEREFORE, IT IS HEREBY ORDERED: 1. The Court finds thatthe requirements of California Rules of Court, Rule 3.769, for preiminarysetoment approval, have been satisfied, and the Court prsiminaily approves the setiement of the Action referenced in the Setflement Agrecment as being fit, just, reasonable and adequate othe setement Clase and its members, subject to further consideration tthe Final Faimess and Approval Hearing dssribod below. 2. For purposes ofthis Orde, the Court adopts and incorporates all definitions set forth nthe Setdement Agreement 3. The Court, pursuant to Califomia Code of Civil Procedure 382, hereby ‘reliminariy approves the Setlement Agrecment and its tems as bing within the range of reasonableness and fir, just and adequate, and thus hereby (2) conditionally certifies for ‘purposes of implementing the Setement Agreement only, the Clas consisting of (I) ll persons in Califia, Forde, Maryland, Massachusers, Nevada, New Hampubir, Pensylvaia ndlor Washington who received telephone calls from E*TRADE and whose calls were recorded ‘without notice oe consent between September 3, 2003 and May 22, 200% nd 2) al persons who ‘made telephone cells from Califomia, Florida, Maryland, Massachuscts, Nevada, New Hampshire, Pennsylvania, or Washington to the Bevel Hil, Califomia branch office of [BATRADE on August 15 and/or 16, 2006; and (b) appoints Painlff Nikki Greenberg as the 1 [PROPOSED] ORDER PRELIMINARILY APPROVING SETTLEMENTrepresentative ofthe Clas, and finds forthe purpotes of setlement that Pint’ atorneys are use to represent the Class 4. A bearing (the “Final Setlement Hearing”) shall be held on October 16, 2009 at {00 asm. before the Honorable Carolyn B. Kuhl, o sch oer judge as shall be desigsted by the Cour, in Department 323 ofthe Superior Cour of the State of California forthe County of| Los Angeles, Cental Civil West Courthouse, located at 600 S. Commonwealth Boulevard, Los Angeles, Califomia, 90005, At that time, the Court shall determine: (a) wheter the proposed settlement ofthe Acton on the tems and conditions provided for inthe Settlement Agreement is fst, just, reasonable and adoguate and should be finally approved (b) wheter judgment as provided in the Setloment Agreement should be entered herein; and (c) whether to approve Class Counsel's application for an award of atiomeys"fes and costs The Court may continue or adjour the Final Setlement Hearing without further notice to members ofthe Cas 5. The Cour approves, a to form aad content, the Cass Notice atachod hers as Exhibit 1, the Short Form Notice atached hereto as Exhibit 2, and the Claim Form attached hereto a8 Exhibit. The Court finds that distribution ofthe Class Notice and publication ofthe Short Form Notice in the manner set forth in this Order and the Settiment Agreement constiates the best notice practicable under the circumstances, end constitutes vali, due and | sulicient notice to all members of the Clas, complying filly with the requirements of the California Code of Civil Procedure Section 382, the Constinton ofthe United Stats, and any other applicable laws 6. ‘The Court approves the selection of Epiq Class Action & Clsims Solutions, Ine to be the Claims Administstor and such reasonable costs as rouied to administer the claims process consistent with the Settlement Agreement, Within thirty (30) days of the date of tis | (Order, E*TRADE shall provide the Claims Administrator wih alist of al current customers, a¢ ‘well a all former cuslomers who ha accounts open during the Clas Perio, with adresses in California, Florida, Maryland, Massechusets, Nevads, New Hampahire, Pennsylvania, andor | Washingion ("Cass Lis"). This Class List sal state the name, and Ist known mailing and | 2 PROPOSED] ORDER PRELIMINARILY APPROVING SETTLEMENT