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STIPULATION AND [PROPOSED] ORDER TO CONVERT HEARING 

ON CLASS CERTIFICATION MOTION TO PRELIMINARY APPROVAL OF SETTLEMENT 

Kevin J. McInerney, SBN 46941 

Kelly McInerney, SBN 200017 

Charles A. Jones, SBN 224915 

MCINERNEY & JONES

18124 Wedge Pkwy. #503 

Reno, Nevada 89511 

Phone: (775) 849-3811 

Fax: (775) 849-3866 

Attorneys for Plaintiffs 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

VICKI WEST and WENDY FAGUNDES, 

individually, and on behalf of all others 

similarly situated, 

Plaintiffs, 

v. 

CIRCLE K STORES, INC., a foreign 

corporation 

Defendant. 

Case No. CIV.S-04-0438 WBS GGH 

STIPULATION AND ORDER TO 

CONVERT HEARING ON CLASS 

CERTIFICATION MOTION TO 

PRELIMINARY APPROVAL OF 

SETTLEMENT

Date: June 12, 2006 

Time: 1:30 p.m. 

Courtroom: 5 

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Case 2:04-cv-00438-WBS-GGH Document 98 Filed 06/02/06 Page 1 of 3
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STIPULATION AND [PROPOSED] ORDER TO CONVERT HEARING 

ON CLASS CERTIFICATION MOTION TO PRELIMINARY APPROVAL OF SETTLEMENT 

STIPULATION

Plaintiffs Vicki West and Wendy Fagundes, on behalf of themselves and two proposed 

classes, and Defendant Circle K Stores, Inc., by and through their respective counsel of record, 

have agreed to a settlement in principle that they are currently documenting which would resolve 

all claims asserted by Plaintiffs and the classes they seek to represent. Accordingly, the parties 

hereby request the Court to convert the June 12, 2006 class certification hearing to a hearing on 

Plaintiffs’ Motion for Preliminary Approval of the Settlement. Pursuant to the Court’s 

instruction, Plaintiffs’ Unopposed Motion For Preliminary Approval of this settlement, along 

with all accompanying documents and exhibits, will be filed before noon on Friday, June 2, 2006. 

Furthermore, for the convenience of all involved, the parties hereby request the Court also change 

the time of the scheduled June 12, 2006 status conference, currently set for 9:00 a.m. to 1:30 p.m. 

Dated: May 31, 2006 MCINERNEY & JONES

 By:___/s/_________________________________ 

 Charles A. Jones, Esq. 

 Attorneys for Plaintiffs 

Dated: May 31, 2006 DEWEY BALLANTINE LLP 

 By: __/s/__________________________________ 

Matthew M. Walsh, Esq. 

Attorneys for Defendant Circle K Stores, Inc. 

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STIPULATION AND [PROPOSED] ORDER TO CONVERT HEARING 

ON CLASS CERTIFICATION MOTION TO PRELIMINARY APPROVAL OF SETTLEMENT 

ORDER

Based upon the foregoing stipulation of the parties, and good cause appearing, it is hereby 

ORDERED that the June 12, 2006 hearing on Plaintiffs’ Motion for Class Certification shall be 

converted to a hearing on Plaintiffs’ Motion for Preliminary Approval of the Settlement, and that 

the status conference currently set for 9:00 a.m. on June 12, 2006 in Courtroom 5 shall be moved 

to 1:30 p.m. 

Dated: June 1, 2006 

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Case 2:04-cv-00438-WBS-GGH Document 98 Filed 06/02/06 Page 3 of 3