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CASE 0:11-cv-03106-SRN-TNL Document 78 Filed 08/30/12 Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Marco A. Alvarez, et al., Plaintiffs, v. Diversified Maintenance Systems, LLC, et al., Defendants. Civil File No. 11-CV-3106 (SRN/TNL)

PARTIES STIPULATION TO CONDITIONAL CERTIFICATION AND NOTICE AND [PROPOSED] ORDER STIPULATION Counsel for the parties in the above matter have met and conferred and file this stipulation as a resolution of Plaintiffs Motion for Conditional Certification and Notice (Dkt. 56), which is currently scheduled to be heard by the Court on Friday, September 31, 2012. By and through their undersigned counsel, the parties hereby stipulate as follows: 1. Notice will be sent to all employees from the stores listed on Exhibit C to

Mr. Peter Belusics Declaration (Dkt. 64). Persons employed at stores serviced by subcontractors employees and project-only stores will be excluded from the notice. 2. The list of employees and their contact information will be provided by

Defendant within ten (10) business days of the Order on this Stipulation. Defendant will

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make reasonable efforts to provide sufficient information to assist Plaintiffs in their attempts to provide notice to all persons on the list. 3. The Notice and Consent Form will be in the form as attached to this

Stipulation and Order as Exhibit A. 4. The Notice will be delivered by mail only, and Plaintiffs counsel is

authorized to send one reminder letter prior to the end of the sign-up period. 5. Notice. The sign-up period will be for 60 days from the date Plaintiffs send the Plaintiffs will send the notice within ten (10) business days of receiving

employee contact information. 6. 7. Plaintiffs will file consents to join on a weekly basis. The litigation (including all discovery and motion practice and responses to

outstanding motions and other pleadings) will be stayed for a period of 90 days with the exception of the exchange of information necessary to facilitate a successful mediation. If necessary, the parties will seek assistance from Magistrate Judge Leung informally through telephone conferences and/or letters. 8. The parties will mutually select a mediator and conduct a mediation in good

faith within the 90 day stay period. 9. Plaintiffs motion for punitive damages (Dkt. 72) will be part of the stay. If

the mediation is unsuccessful, Plaintiffs will re-notice the motion and Defendant will respond accordingly.

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If the mediation is unsuccessful, Plaintiffs are not foreclosed from seeking

limited, reasonable, discovery for the purposes of investigating the need for notice beyond the stores in Exhibit C as described above in paragraph 1. 11. Nothing in this stipulation prevents Defendant from bringing a motion for

decertification should the mediation fail. This 30th day of August, 2012. OGLETREE, DEAKINS, NASH, SMOAK & STEWARD, P.C. /s/ Andrea D. Kiehl Andrea D. Kiehl, #310591 Ashlee M. Bekish, #389918 Wells Fargo Center 90 South Seventh Street, Suite 3800 Minneapolis, MN 55402 Telephone: (612) 339-1818 Facsimile: (612) 339-0061 Attorneys for Defendants NICHOLS KASTER, PLLP /s/ Paul J. Lukas Paul J. Lukas, #22084X Tim C. Selander, #0387016 Adam W. Hansen, #391704 4600 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Telephone: (612) 256-3200 Facsimile: (612) 338-4878 Attorneys for Plaintiffs

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