Exhibit 1

Case: 1:02-cv-06832 Document #: 321-2 Filed: 10/24/07 Page 1 of 71 PageID #:3077
IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

AMY WIGINTON, KRISTINE MORAN, 

NORMA PLANK FETHLER, as Successor in 

Interest to Dondi Plank, ANDREA COREY 

and OLIVIA KNAPP, individually and on 

behalf of all persons similarly situated, 

Plaintiffs, 

v. 

CB RICHARD ELLIS, INC., 

Defendant. 

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Case No. 02 CV 6832 

Judge Wayne Andersen 

Magistrate Judge Ashman 

CORRECTED SETTLEMENT AGREEMENT AND CONSENT DECREE 

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TABLE OF CONTENTS

Page

I. INTRODUCTION ...............................................................................................................1 

II. DEFINITIONS.....................................................................................................................3 

2.1. “Appropriate Disciplinary and/or Remedial Action” ..............................................3 

2.2. “Best Efforts”...........................................................................................................4 

2.3. “CBRE”....................................................................................................................4 

2.4. “Claim Form” or “Claim Forms”.............................................................................4 

2.5. “Claim Form Deadline” ...........................................................................................4 

2.6. “Claimant” ...............................................................................................................4 

2.7. “Claims Administrator” or “Settlement Administrator”..........................................4 

2.8. “Claims Process” .....................................................................................................4 

2.9. “Claims Standard(s)” ...............................................................................................4 

2.10. “Class” or “Plaintiff Class”......................................................................................4 

2.11. “Class Counsel” .......................................................................................................5 

2.12. “Class Member”.......................................................................................................5 

2.13. “Class Period”,.........................................................................................................5 

2.14. “Consent Decree” or “Decree” ................................................................................5 

2.15. “Court”.....................................................................................................................6 

2.16. “EEOC Guidance” ...................................................................................................6 

2.17. “Effective Date”.......................................................................................................6 

2.18. “Eligible Claim”.......................................................................................................6 

2.19. “Expiration Date”.....................................................................................................7 

2.20. “Final Approval”......................................................................................................7 

2.21. “Liability Period”.....................................................................................................7 

2.22. The “Litigation” and/or “This Case” .......................................................................7 

2.23. “Named Plaintiffs”...................................................................................................8 

2.24. “Notice” ...................................................................................................................8 

2.25. “Parties” ...................................................................................................................8 

2.26. “Preliminary Approval”...........................................................................................8 

2.27. “Released Claims” ...................................................................................................8 

2.28. “Settlement”.............................................................................................................9 

2.29. “Settlement Class Member”.....................................................................................9 

2.30. “Service”..................................................................................................................9 

2.31. “Sexual Harassment” ...............................................................................................9 

2.32. “Special Master” ......................................................................................................9 

2.33. “Tier 1 Claim Standard” ..........................................................................................9 

2.34. “Tier 2 Claim Standard” ........................................................................................10 

2.35. “Tier 3 Claim Standard” ........................................................................................10 

2.36. “Tier Program”.......................................................................................................10 

2.37. “Title VII”..............................................................................................................10 

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III. GOALS OF THE SETTLEMENT ....................................................................................11 

3.1. Goals Of The Consent Decree and Settlement Agreement....................................11 

IV. JURISDICTION ................................................................................................................11 

V. EFFECTIVE DATE AND DURATION OF THE CONSENT DECREE ........................12 

5.1. Effect Of Consent Decree ......................................................................................12 

5.2. Joint Request For A Court Order...........................................................................12 

5.3. Period of Force and Effect .....................................................................................12 

VI. SCOPE OF THE CONSENT DECREE ............................................................................12 

6.1. Scope Of The Consent Decree...............................................................................12 

6.2. Persons Covered.....................................................................................................13 

6.3. On-Going Best Efforts To Ensure The Effectuation Of The Settlement ...............13 

6.4. No Requirement To Violate Any Law...................................................................13 

VII. EQUITABLE RELIEF.......................................................................................................13 

7.1. No Automatic Injunction .......................................................................................13 

7.2. Sexual Harassment.................................................................................................13 

7.3. Retaliation..............................................................................................................14 

7.4. Statement of Intolerance of Sexual Harassment ....................................................14 

7.5. Harassment-Free Workplace Policy ......................................................................15 

7.6. Distribution of Harassment-Free Workplace Policy..............................................16 

7.7. Complaint Procedures............................................................................................16 

7.8. Policies Designed to Promote Supervisor Accountability.....................................19 

7.9. Consistency of Policies..........................................................................................20 

7.10. Sexual Harassment Training..................................................................................20 

VIII. APPOINTMENT OF SPECIAL MASTER AND REPORTING 

OBLIGATIONS.................................................................................................................21 

8.1. Special Master........................................................................................................21 

8.2. Content of Reports .................................................................................................21 

8.3. Timetable for Reports ............................................................................................22 

8.4. Special Master’s Follow-Up on Reports................................................................22 

8.5. Class Counsel’s Follow-Up on Reports.................................................................23 

IX. MONETARY RELIEF ......................................................................................................23 

9.1. Tier Program ..........................................................................................................23 

X. CHARITABLE CONTRIBUTION ...................................................................................37 

10.1. Charitable Contribution .........................................................................................37 

XI. RELEASE AND COVENANT NOT TO SUE .................................................................37

11.3. Covenant Not to Sue ..............................................................................................38 

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XII. GENERAL PROVISIONS ................................................................................................39 

12.1. No Admission Of Liability ....................................................................................39 

12.2. No Court Findings As to Liability .........................................................................39 

12.3. Not Admissible In Any Other Proceeding.............................................................39 

12.4. Responsibility of Settlement Class Members and Named Plaintiffs for Tax 

Liabilities ...............................................................................................................40 

XIII. INCENTIVE AWARDS TO NAMED PLAINTIFFS.......................................................41 

XIV. ATTORNEYS’ FEES AND COSTS.................................................................................42 

XV. PRELIMINARY APPROVAL HEARING .......................................................................45 

XVI. NOTICE.............................................................................................................................46 

XVII. OPT-OUTS ........................................................................................................................47 

XVIII. OBJECTIONS/COMMENTS TO SETTLEMENT...........................................................48 

XIX. FAIRNESS HEARING......................................................................................................49 

XX. EXCESSIVE NUMBER OF OPT-OUTS .........................................................................50 

XXI. ENFORCEMENT PROCEDURE .....................................................................................50 

21.1. Resolution Of Parties’ Disputes.............................................................................50 

21.2. Court Intervention..................................................................................................51 

21.3. Fees Incurred to Enforce the Decree......................................................................51 

21.4. No Third-Party Rights............................................................................................52 

21.5. Status of Allegedly Injured Individuals .................................................................52 

21.6. No Individual or Independent Right to Seek Enforcement....................................52 

XXII. CONSTRUCTION.............................................................................................................52 

22.1. Governing Law ......................................................................................................52 

22.2. Entire Agreement...................................................................................................52 

22.3. Severability ............................................................................................................53 

22.4. Joint Document Of The Parties..............................................................................53 

22.5. Agreed Modifications ............................................................................................53 

22.6. Headings ................................................................................................................54 

22.7. Non-Waiver............................................................................................................54 

22.8. Calculation Of Time ..............................................................................................54 

22.9. Notice To The Parties ............................................................................................54 

22.10. Counterparts...........................................................................................................55 

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XXIII. STATEMENTS TO THE MEDIA OR GENERAL PUBLIC...........................................55 

XXIV. REPRESENTATIONS BY CLASS COUNSEL...............................................................56 

XXV. VOLUNTARY DISMISSAL WITH PREJUDICE...........................................................57 

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I. INTRODUCTION 

On September 25, 2002, Plaintiff Amy Wiginton filed the lawsuit entitled Wiginton v. CB 

Richard Ellis, Inc., 02 CV 6832 (the “Litigation”), on behalf of a class of current and former 

female employees (the “Class”), alleging that CBRE subjected female employees to Sexual 

Harassment as defined herein, in violation of Title VII of the Civil Rights Act of 1964, as 

amended, 42 U.S.C. § 2000e et seq. (“Title VII”). Subsequently, Kristine Moran, Andrea Corey, 

Dondi Plank, and Olivia Knapp (collectively with Amy Wiginton, the “Named Plaintiffs”) joined 

the Litigation as additional Named Plaintiffs. CBRE denied, and continues to deny, all 

allegations of wrongdoing and liability in the Litigation. More particularly, CBRE categorically 

denies that it subjected female employees to sexual harassment or condoned or tolerated any 

such conduct, denies any and all liability to the Named Plaintiffs and the Class, and denies that it 

has violated Title VII or any applicable statute. 

This Consent Decree resolves all Class and individual Sexual Harassment Claims (as 

defined herein) raised in the Litigation as defined in Section 2.27 below (“Released Claims”). 

No finding of liability has been made. 

The Parties, as defined below in Paragraph 2.25, engaged in extensive motion practice 

and Class discovery for more than two years, including scores of depositions nationwide and the 

exchange of thousands of documents, as well as significant electronic and third-party discovery. 

Through this exhaustive process, the Parties developed a thorough understanding of the facts and 

applicable law, which enabled them to assess the relative merits of the claims and defenses 

asserted by each side. On August 31, 2004, the Named Plaintiffs filed a Motion for Class 

Certification seeking to certify the following class: 

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All female employees who have been employed by defendant CB Richard Ellis, 

Inc. or its predecessors from January 1, 1999 to the present. 

After extensive evidentiary submissions by the Parties, including expert reports, the Named 

Plaintiffs’ motion was fully briefed as of January 21, 2005. 

Immediately following the close of briefing on class certification, the parties retained a 

professional mediator for the purpose of assisting in settlement discussions. Hard-fought and 

extremely difficult, these mediated settlement negotiations required extensive thought and 

discussion on both sides. Ultimately, the settlement discussions, which were conducted at armslength, gained traction and consistency in December 2005 with the aid of the United States 

Magistrate Judge and the United States District Court Judge presiding over This Case. During 

the course of those discussions and specifically at the Court’s request, the Motion for Class 

Certification was withdrawn without prejudice on September 15, 2006, pending the outcome of 

settlement discussions. Therefore, the Court did not rule on the Motion for class certification. 

Thereafter, the parties continued to engage in settlement negotiations. Throughout, the 

negotiations were conducted at arms-length with the assistance of, at various times, a 

professional mediator, as well as the Honorable Judge Wayne Andersen and Magistrate Judge 

Martin Ashman. These efforts ultimately resulted in an agreement to settle this action prior to a 

ruling on class certification, subject to this Court’s review and approval after notice, an 

opportunity for members of the Class to object or opt out of the settlement, and a fairness hearing 

as required by Rule 23 of the Federal Rules of Civil Procedure. The Parties intend to seek 

certification of a settlement class under Rule 23(e) for monetary and injunctive relief as part of 

the process for seeking approval of this Consent Decree. However, if this settlement fails to be 

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approved, the Named Plaintiffs retain all rights to seek class certification, and Defendant retains 

all rights to object and to oppose Plaintiffs’ motion for class certification. 

This Consent Decree is entered into by the Named Plaintiffs, individually and on behalf 

of the Settlement Class Members, and by Defendant. The Parties agree that, after carefully 

considering the facts and applicable law and the uncertainty of continued litigation, and as a 

result of having engaged in extensive arm’s-length negotiations, it would be in their best interests 

to finally resolve the Class’ Sexual Harassment Claims (including individual and class Sexual 

Harassment Claims) by entry of this Consent Decree. The Parties anticipate that upon its entry 

by this Court, this Consent Decree shall be final and binding upon the Settlement Class, the 

Parties, their successors, and assigns and shall release all Released Claims to the extent allowed 

under Rule 23. The Parties, by and through their respective undersigned counsel, have agreed to 

this Consent Decree on the terms and conditions set forth below and subject to the approval of 

this Court. 

II. DEFINITIONS 

The following terms, when used in this Consent Decree, shall have the following 

meanings as set forth below. All terms defined in the singular shall have the same meaning 

when used in the plural, and all terms defined in the plural shall have the same meaning when 

used in the singular. 

2.1. “Appropriate Disciplinary and/or Remedial Action”.means the amount of 

disciplinary and/or remedial action that CBRE believes in good faith to be necessary in order to 

prevent an alleged harasser from engaging in any further harassment or retaliation, taking into 

account any prior offenses under the harassment policy then in effect. 

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2.2. “Best Efforts”.means steps taken in good faith and reasonably designed to 

achieve compliance with specified objectives to which the best efforts are directed. 

2.3. “CBRE”.means CB Richard Ellis, Inc., and each and all of current and former 

employees, salespeople classified as independent contractors, supervisors, officers, and directors 

during the Class Period (except where otherwise specified). 

2.4. “Claim Form” or “Claim Forms”.shall mean, individually or collectively, the 

respective claim forms entitled “Claim Form for Tier 1 Claims” (also known as the “Form-T1”) 

or the “Claim Form for Tier 2 and Tier 3 Claims” (also known as the “Form-T2/3”). 

2.5. “Claim Form Deadline”.shall mean the deadline by which Claim Forms must be 

post-marked as being sent to the Claims Administrator, which deadline will be 120 days from the 

date that Notice is post-marked as having been mailed to Class Members. 

2.6. “Claimant”.means any Settlement Class Member who submits a Claim Form 

pursuant to Section IX below. “Claimant” specifically excludes any Settlement Class Member 

who previously executed a valid and enforceable release of her Sexual Harassment Claims, 

unless such release specifically provides for recovery under this Consent Decree. 

2.7. “Claims Administrator” or “Settlement Administrator”.means Rust 

Consulting or another person or entity agreed upon by Class Counsel and CBRE’s Counsel to 

conduct certain tasks, as described herein. 

2.8. “Claims Process”.means the Tier Program described in Section IX below. 

2.9. “Claims Standard(s)”.shall mean the Claims Standards as defined in Paragraphs 

2.33 and 2.34, respectively, below. 

2.10. “Class” or “Plaintiff Class”.means the class certified by the Court solely for 

purposes of effectuating and entering this Consent Decree: 

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All female employees who were or have been employed by CBRE at any time 

during the Class Period. 

2.11. “Class Counsel”.means the law firms of Wexler Toriseva Wallace LLP, Hagens 

Berman Sobol Shapiro LLP, Favre Law Offices LLC and Gustafson Gluek PLLC. 

2.12. “Class Member”.means any female who was or has been employed by CBRE at 

any time during the Class Period. 

2.13. “Class Period”,.for purposes of settlement only, shall mean the period between 

January 1, 1999 and the date of Preliminary Approval of the settlement by the Court (October 4, 

2007). 

2.14. “Consent Decree” or “Decree”..means this document, which has been signed by 

the Named Plaintiffs and by counsel of record for the Parties, subject to final approval and 

adoption by the Court, and which contains the following attached exhibits: 

EXHIBIT A: PRELIMINARY APPROVAL ORDER 

EXHIBIT B: NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF 

CLASS ACTION 

EXHIBIT B-1: SUMMARY OF THE PROCEDURES AND CLAIMS 

STANDARDS FOR EACH OF THE THREE TIERS 

EXHIBIT B-2: CLAIM FORM FOR TIER 1 CLAIMS (FORM-T1) 

EXHIBIT B-3: CLAIM FORM FOR TIER 2 AND TIER 3 CLAIMS 

(FORM-T2/3) 

EXHIBIT C: REQUEST FOR EXCLUSION 

EXHIBIT D: EEOC’S POLICY GUIDANCE 

EXHIBIT E: [PROPOSED] FINAL ORDER AND JUDGMENT AS TO 

CLASS CLAIMS GRANTING FINAL APPROVAL, APPROVING THE

IMPLEMENTATION OF THE TIER PROGRAM, AND APPROVING CLASS 

COUNSEL’S APPLICATION FOR ATTORNEYS FEES AND LITIGATION 

EXPENSES AND INCENTIVE AWARDS TO CLASS REPRESENTATIVES 

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EXHIBIT F: JOINT PUBLICITY STATEMENT 

EXHIBIT G: WOMEN SCHOLARS PROGRAM OVERVIEW 

2.15. “Court”.means the United States District Court for the Northern District of 

Illinois, and the Judge thereof having been assigned to preside over the Litigation, or proceedings 

relevant to the Case. 

2.16. “EEOC Guidance”.shall mean the EEOC’s Policy Guidance on Employer 

Liability Under Title VII for Sexual Favoritism, N-915-048, dated January 12, 1990; EEOC’S 

Policy Guidance On Current Issues Of Sexual Harassment, N-915-050, dated March 19, 1990; 

EEOC’s Enforcement Guidance on Harris v. Forklift Sys., Inc., N-915-002, dated March 8, 

1994; and EEOC’s Enforcement Guidance: Vicarious Liability For Unlawful Harassment By 

Supervisors, N-915-002, dated June 18, 1999, attached to this Decree as Exhibit C. EEOC 

Guidance may include additional published EEOC Policy or Enforcement Guidance if agreed 

upon in writing by all Parties. 

2.17. “Effective Date”.means the date on which the time for filing an appeal from the 

Court’s final approval of this Consent Decree has either expired without an appeal being filed, or 

if later, after any appeal has been fully resolved upholding the Decree (including requests for 

rehearing, rehearing en banc, and petitions for certiorari), at which time the obligations set forth 

in this Consent Decree and the terms of this Consent Decree become binding on CBRE, the 

Named Plaintiffs, the Settlement Class, Class Counsel, and anyone else who has undertaken an 

obligation under this Decree. 

2.18. “Eligible Claim”.means any Sexual Harassment Claim of a Settlement Class 

Member, including class and individual claims, against CBRE that arose or could have arisen at 

any time between January 1, 1999 and the date of Preliminary Approval based upon alleged 

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sexual harassment experienced at CBRE (and not at a predecessor company that was 

subsequently acquired by CBRE). 

2.19. “Expiration Date”.means the date on which this Consent Decree and any order 

of the Court related to the Consent Decree and these settlement proceedings shall expire and 

shall be without any force or effect. The Expiration Date shall be two (2) years from the 

Effective Date, with the caveat that the Parties may thereafter conclude any enforcement 

proceedings post-delivery of CBRE’s second annual report to the Special Master pursuant to 

Section VIII below, for which sole purpose the Court would retain jurisdiction following the 

Expiration Date. Regardless of whether such enforcement proceedings continue past the 

Expiration Date, no substantive obligations assumed by CBRE would survive past the Expiration 

Date (beyond those that Class Counsel seek to enforce after the Expiration Date vis-à-vis

CBRE’s obligations prior to the Expiration Date). 

2.20. “Final Approval”.means the entry of the Court’s order granting final approval of 

this Consent Decree, which reflects that the Court concludes that the terms of this Consent 

Decree are fair, reasonable and adequate to the Class as a whole. 

2.21. “Liability Period”.means the Class Period. 

2.22. The “Litigation” and/or “This Case”.means all proceedings relating to or 

arising from Wiginton, et al. v. CB Richard Ellis, Inc., 02 CV 6832 (N.D. Ill.), specifically 

excluding any and all individual claims under the Pregnancy Discrimination Act, 42 U.S.C. 

§2000e(k), as amended, the Equal Pay Act of 1963, 29 S.C. § 201, as amended, or claims of 

retaliation. 

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2.23. “Named Plaintiffs”.means the individual plaintiffs who brought suit in This 

Case, including Amy Wiginton, Kristine Moran, Norma Plank Fethler, as successor in interest to 

Dondi Plank, Andrea Corey n/k/a Andrea Scott, and Olivia Knapp. 

2.24. “Notice”.shall mean the Notice Of Pendency And Proposed Settlement Of Class 

Action together with its exhibits, including the Claim Form For Tier 1 Claims (Form-T1), and 

the Claim Form For Tier 2 And Tier 3 Claims (Form-T2/3). 

2.25. “Parties”.means the Named Plaintiffs, individually and on behalf of the Class, 

and CBRE. 

2.26. “Preliminary Approval”.means the entry of the Court’s Order granting 

preliminary approval of this Consent Decree, which reflects that the Court concludes that the 

terms of this Consent Decree appear sufficiently fair, reasonable, and adequate to the Class as a 

whole to warrant notice to the Class, an opportunity for Class Members to object or opt out, and 

a fairness hearing to consider Final Approval of the Consent Decree. 

2.27. “Released Claims”.means all Sexual Harassment Claims that were made or could 

have been made by the Named Plaintiffs or by any Class Members individually and/or on behalf 

of the Class against CBRE in this action under Title VII, 42 U.S.C. §2000 et seq., as amended. 

Released Claims expressly does not include: (i) any and all individual or class claims under Title 

VII that any person, including any member of the Settlement Class and/or any Claimant has, 

whether known or unknown, against any company acquired by or merged with CBRE with 

respect to any acts or occurrences that occurred prior to the effective dates for the acquisition or 

merger; (ii) any and all individual or class claims under the Pregnancy Discrimination Act, 42 

U.S.C. §2000e(k), as amended; (iii) any and all individual or class claims under the Equal Pay 

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Act of 1963, 29 U.S.C. § 201, as amended; or (iv) any and all individual or class claims for 

retaliation. 

2.28. “Settlement”.means the settlement terms embodied in this Consent Decree. 

2.29. “Settlement Class Member”.means any Class Member who does not opt out of 

the claims process of the Settlement, and “Settlement Class” means that group of individuals as 

a whole. 

2.30. “Service”.means delivery of notice and/or papers, and shall be defined as service 

as specified in the Federal Rules of Civil Procedure. 

2.31. “Sexual Harassment”.means unlawful sexual harassment in violation of Title 

VII, including hostile work environment and quid pro quo sexual harassment, and “Sexual 

Harassment Claims” or “Claims of Sexual Harassment” means claims of hostile work 

environment and/or quid pro quo sexual harassment that were or could have been asserted by 

female employees or ex-employees of CBRE against CBRE. 

2.32. “Special Master”.means the individual chosen by agreement of the Parties to 

administer the Tier Program set forth in Section XI and to serve as the Special Master as set forth 

in Section IX. 

2.33. “Tier 1 Claim Standard”.means that, for a Claimant to receive an award under 

Tier 1, she must allege to the satisfaction of the Special Master, based on the individual detail 

provided by the Claimant in her Claim Form and the class-wide evidence as set forth in Section 

9.1.4, that she was subjected to Sexual Harassment. The Special Master shall use the EEOC 

Guidance as a guide in evaluating Tier 1 Claims and, specifically, whether the Claimant has 

alleged Sexual Harassment. By express agreement of the Parties, the Special Master must accept 

the allegations of the Tier 1 Claimant as true, Tier 1 Claimants are not required to identify the 

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alleged harassers by name or exact dates of the harassment, and CBRE is not permitted to know 

of or rebut the allegations of any Tier 1 Claimant.

2.34. “Tier 2 Claim Standard”.means that, for a Tier 2 Claimant to receive an award 

under Tier 2, she must demonstrate to the satisfaction of the Special Master that she was 

subjected to Sexual Harassment, based on the complete Form T2/3, the information provided by 

CBRE in its response, the class-wide evidence as set forth in Section 9.1.4, and as otherwise 

permitted by the Special Master. The Special Master shall also use the EEOC Guidance as a 

guide in evaluating Tier 2 Claims, in resolving credibility conflicts and in determining whether 

the Claimant has demonstrated to the satisfaction of the Special Master that she was subjected to 

Sexual Harassment. 

2.35. “Tier 3 Claim Standard”.means that, for a Tier 3 Claimant to receive an award 

under Tier 3, she must demonstrate to the satisfaction of the Special Master that she was 

subjected to Sexual Harassment, based on the complete Form-T2/3, information presented by 

CBRE in its written response and position statement, any evidence collected during the Special 

Master’s additional investigation of that Claimant’s allegations, the evidence presented at the 

Tier 3 Claimant’s Hearing, and the class-wide evidence as set forth in Section 9.1.4. The Special 

Master shall also use the EEOC Guidance as a guide in evaluating Tier 3 Claims, in resolving 

credibility conflicts and in determining whether the Claimant has demonstrated to the satisfaction 

of the Special Master that she was subjected to Sexual Harassment. 

2.36. “Tier Program”.means the three-tiered claims process/procedure for seeking and 

awarding monetary payments defined and set forth in Section IX. 

2.37. “Title VII”.means the Civil Rights Act of 1964, as amended in 1991 42 U.S.C. § 

2000e, et seq. 

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III. GOALS OF THE SETTLEMENT 

3.1. Goals Of The Consent Decree and Settlement Agreement. The Parties enter 

into this Consent Decree and Settlement Agreement to achieve the following goals: (a) to 

resolve all Released Claims; (b) to ensure that Settlement Class Members are fairly compensated 

for release of the Released Claims; and (c) to ensure that effective mechanisms are in place to 

prevent and remedy unlawful Sexual Harassment. 

3.2 Court Findings. If the Court approves this Consent Decree, the Court will have 

found, and the Parties agree, as follows: (a) the terms of this Consent Decree are adequate, fair, 

and reasonable to the Class as a whole; (b) this Consent Decree conforms with the Federal Rules 

of Civil Procedure and is not in derogation of the rights or privileges of any person, any party, or 

the Class; and (c) the final approval of this Consent Decree will be in the best interests of the 

Parties and, in particular, the Class. 

IV. JURISDICTION 

4.1. The Parties agree that the Court has jurisdiction over the Parties and the subject 

matter of the Litigation. The Litigation asserts claims under Title VII that, if proven, would 

authorize the Court to grant the monetary and equitable relief set forth in this Consent Decree. 

Venue is proper in this District. The Parties agree that this Court shall retain jurisdiction of the 

Litigation during the duration of this Consent Decree for the purpose of entering all orders, 

judgments and decrees that may be necessary to implement the relief provided herein. The 

procedures described below are not intended to diminish this Court’s inherent power to enforce 

any provision of this Consent Decree. All Released Claims shall be dismissed with prejudice 

upon the Effective Date of this Consent Decree, provided that the Court retains jurisdiction to 

enforce the terms of this Consent Decree as described in Paragraph 2.19. 

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4.2. A copy of the Preliminary Approval Order as well as the [Proposed] Final Order 

And Judgment As To Class Claims Granting Final Approval, Approving The Implementation Of 

The Tier Program, And Approving Class Counsel’s Application For Attorneys Fees And 

Litigation Expenses And Incentive Awards To Class Representatives to be entered are attached 

hereto as Exhibits A and D. 

V. EFFECTIVE DATE AND DURATION OF THE CONSENT DECREE 

5.1. Effect Of Consent Decree. Upon its entry by the Court following Final 

Approval, the Consent Decree shall constitute an order of the Court and all of its provisions will 

become enforceable by the Parties in the manner set forth in this Consent Decree. The Parties, 

including CBRE, the Named Plaintiffs, and Class Counsel on behalf of the Class, agree that they 

shall not appeal from the Consent Decree or the Court’s Order. 

5.2. Joint Request For A Court Order. The Parties agree that they will seek entry of 

the Orders in the form attached hereto and fully incorporated herein as Exhibits A and D, which 

dismisses the Released Claims against CBRE with prejudice, and without costs to any Party 

except as expressly provided herein, and which incorporates a Release of the Released Claims on 

behalf of the Named Plaintiffs and the Settlement Class as set forth in Paragraph XI. 

5.3. Period of Force and Effect. This Consent Decree shall become effective on the

Effective Date and expire, by its own terms, on the Expiration Date. 

VI. SCOPE OF THE CONSENT DECREE 

6.1. Scope Of The Consent Decree. This Consent Decree resolves the Released 

Claims. 

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6.2. Persons Covered. 

a. Settlement Class. For settlement purposes only, the Court will certify the 

following class: 

All female employees who have been employed by defendant CB Richard Ellis, 

Inc. during the Class Period. 

b. Opt–Out Rights. If this Consent Decree is approved by the Court, at the 

Effective Date, all persons within the Class are bound by its terms, except those Class Members 

who effectively exercise a right to opt out of the Class and the settlement. Class Members who 

elect to opt out must complete the Request for Exclusion attached hereto as Exhibit C. 

6.3. On-Going Best Efforts To Ensure The Effectuation Of The Settlement. The 

Parties agree to make and undertake their best efforts on an on-going basis to effectuate, as well 

as to seek entry of this Consent Decree, or if applicable, to defend, this Consent Decree from any 

legal challenge by appeal, collateral attack, objection, or otherwise. 

6.4. No Requirement To Violate Any Law. Nothing in this Consent Decree shall 

require CBRE to violate any applicable law, ordinance, or regulation.

VII. EQUITABLE RELIEF 

7.1. No Automatic Injunction. This Consent Decree shall not operate in any way as

an automatic injunction. CBRE agrees to abide by the terms of this Consent Decree and all 

applicable federal and state employment laws including, but not limited to, Title VII of the Civil 

Rights Act of 1964. 

7.2. Sexual Harassment. CBRE agrees to and, to the extent it already is, agrees to 

continue to comply with the provisions of Title VII of the Civil Rights Act of 1964, as amended, 

and, specifically, agrees not to engage in any action, policy or practice that is intended to or is 

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known by CBRE to have the effect of sexually harassing any female employee, and agrees not to 

create, facilitate, or tolerate the existence of a work environment that is sexually hostile to female

employees. 

7.3. Retaliation. CBRE agrees to and, to the extent it already is, agrees to continue to 

comply with the provisions of Title VII of the Civil Rights Act of 1964, as amended, and 

specifically agrees not to engage in, implement, or tolerate any action, policy, or practice with 

the purpose or effect of retaliating against any current or former employee for: opposing Sexual 

Harassment, filing a Charge of Discrimination, testifying or participating in any investigation 

(including internal investigations), proceeding, or hearing in connection with This Case and/or 

relating to any claim of Sexual Harassment, being identified as a witness in this action, asserting 

any rights under this Consent Decree, or seeking and/or receiving any monetary or non-monetary 

relief under this Consent Decree. 

7.4. Statement of Intolerance of Sexual Harassment. CBRE affirms the following 

“Statement of Intolerance of Sexual Harassment:” 

CB Richard Ellis, Inc. is firmly committed to, and reaffirms its commitment to, 

maintaining a policy of intolerance of Sexual Harassment and retaliation against 

individuals who report Sexual Harassment or retaliation in the Company’s 

workplace; to swiftly and firmly responding to any acts of Sexual Harassment or 

retaliation of which the Company becomes aware; to maintaining a disciplinary 

system that is designed to strongly deter future acts of Sexual Harassment or 

retaliation; to promoting and maintaining a work environment free of behavior or 

objects that are hostile to women; and to monitoring its workplace in order to 

ensure tolerance, respect, and dignity for all employees. 

This Paragraph does not create any contractual causes of action or other rights that would not 

otherwise exist. 

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7.5. Harassment-Free Workplace Policy. CBRE agrees that, within 90 days of the 

Effective Date of the agreement, it shall revise its Harassment-Free Workplace Policy, as 

necessary, in order to: 

7.5.1. provide examples to supplement the definition of Sexual Harassment and 

sex-based harassment; 

7.5.2. include strong non-retaliation language (for making complaints of Sexual 

Harassment) with examples to supplement the definition of retaliation; 

7.5.3. provide for Appropriate Disciplinary and/or Remedial Action for 

incidents of Sexual Harassment, sex-based harassment and/or retaliation (for making complaints 

of Sexual Harassment); 

7.5.4. provide that complaints of Sexual Harassment and/or retaliation (for 

making complaints of Sexual Harassment) will be accepted by CBRE in writing and orally, with 

oral complaints being documented in compliance with CBRE’s complaint-documentation 

obligations (addressed in Paragraphs 7.7.7-7.7.9); 

7.5.5. establish a timetable that requires CBRE: (a) to assign the Sexual 

Harassment complaints to an investigator within two (2) business days; (b) to complete 

investigations within 45 days, with any exceptions being noted and the circumstances explained 

in the report to the Special Master; and (c) to implement Appropriate Disciplinary and/or 

Remedial Action promptly upon conclusion of an investigation, where appropriate; 

7.5.6. indicate that, promptly upon the conclusion of its investigation of a 

Sexual Harassment complaint, CBRE will notify the complainant that the investigation has been 

concluded and closed, whether a violation of CBRE’s Harassment-Free Workplace Policy was 

substantiated, and that Appropriate Disciplinary and/or Remedial Action, if any, has been taken. 

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CBRE will also encourage the complainant to notify the Company of any further problems. The 

complainant will not receive details of the Appropriate Disciplinary and/or Remedial Action, if 

any, unless it directly affects her (e.g., change in reporting relationship, location move, etc.); 

7.5.7. reflect that the revised Harassment-Free Workplace Policy supersedes all 

existing Sexual Harassment policies; 

7.5.8. ensure that the Harassment-Free Workplace Policy is contained in a 

single document, distributed among CBRE’s offices, posted and accessible on the Intranet, and 

made part of any organized training on Sexual Harassment and/or workplace conduct (except 

that, to the extent other policies relate to the subject matter of the Harassment-Free Workplace 

Policy, CBRE shall direct employees to that policy). 

7.6. Distribution of Harassment-Free Workplace Policy. CBRE agrees to 

electronically circulate its Harassment-Free Workplace Policy annually. The acknowledgement 

accompanying the Harassment-Free Workplace Policy will confirm that the recipient received 

and read the policy, and that the recipient knows where and how to report a harassment 

complaint. The acknowledgment will notify the recipient that, if she does not know where and 

how to report a complaint, she can ask CBRE for additional information and CBRE will provide 

such information before she signs or otherwise completes the acknowledgement. 

7.7. Complaint Procedures. CBRE agrees that, within 90 days of the Effective Date 

of the agreement, it shall revise its complaint procedures to the extent necessary to ensure that 

they provide CBRE’s employees with convenient, confidential, and reliable mechanisms for 

reporting incidents of Sexual Harassment and retaliation to the extent set forth and permitted 

under this Section. More specifically, CBRE agrees as follows: 

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7.7.1. CBRE shall notify employees by routinely and continuously posting on 

CBRE’s internal website that specific individuals/positions have been designated as persons who 

may be contacted to report any incidents of Sexual Harassment and retaliation, and shall provide 

the name, office, where applicable, title, work location, and all available contact information for 

each such person. These individuals shall include:

7.7.1.1. Within each office, the Senior Office Operations Manager or 

Office Operations Manager (or equivalent position, if any, that does not report to the Managing 

Director within such office) and Managing Director shall be designated as and will serve as two 

(2) contacts authorized to receive harassment and retaliation complaints from employees in that 

office. 

7.7.1.2. CBRE further agrees to designate the “General Counsel – 

Employment” as an individual authorized to receive Sexual Harassment and retaliation 

complaints; CBRE will also advise employees that a complaint may be made to any Human 

Resources Director, Human Resources Manager, Human Resources Specialist, or the Human 

Resources Service Center, any member of senior management, any lawyer in the Legal 

Department, the Chief Compliance Officer, or its anonymous whistleblower hotline. 

7.7.2. CBRE agrees to continue to maintain a whistleblower hotline (an “Ethics 

Hotline”) operated by a third-party that will accept anonymous complaints, document such 

complaints as received, and promptly route those complaints to the Human Resources 

Department to be investigated consistent with the principles otherwise discussed herein. 

7.7.3. CBRE agrees that it shall revise its policies to the extent necessary to 

enable complaining parties to be interviewed by CBRE about their complaints, at the 

complaining party’s election, in a confidential manner, including allowing the complainant to 

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provide the information in a location outside of the employee’s work area and/or at an off-site 

location. 

7.7.4. CBRE agrees that its complaint procedure shall not impose upon 

individuals seeking to make a complaint alleging Sexual Harassment and/or retaliation (for 

making complaints of Sexual Harassment) any requirements that are undue or more burdensome 

than those imposed upon individuals who make other complaints of comparable gravity. 

7.7.5. CBRE agrees that information regarding complaints and investigations 

will only be shared with individuals who have a business need to know in connection with the 

investigation or for purposes of any personnel action with respect to the alleged Sexual 

Harassment. 

7.7.6. CBRE agrees that it shall revise its complaint handling and disciplinary 

procedures to the extent necessary to ensure that all complaints of Sexual Harassment and/or 

retaliation are investigated and addressed promptly, and in accordance with the timetable 

described in Paragraph 7.5.5, supra. 

7.7.7. CBRE agrees that it will instruct and require the original designated 

recipient of a complaint to document the complaint and related information received from a 

complainant as soon as practicable. 

7.7.8. CBRE agrees that it will instruct and require the original designated 

recipient of a complaint to provide written copies of the documentation of the complaint to 

designees in the Legal Department and the Human Resources Department. In the event that the 

complaint is about a member of either of the Legal Department or Human Resources 

Department, the complaint recipient will provide copies of the documented complaint to the 

designee in the other department as well as the Chief Operating Officer. 

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7.7.9. CBRE agrees to maintain complaint investigation records in a centralized 

and secure location – specifically, CBRE’s computer system – and to do so in a manner that 

preserves the integrity of the records. Pursuant to this agreement, CBRE agrees to: 

7.7.9.1. scan and upload all original paper documents relating to an 

investigation under the policy into the computer system in a pdf format (or another format that 

makes the documents non-alterable); and 

7.7.9.2. maintain a computerized audit trail sufficient to demonstrate 

that the integrity of the files has been maintained. 

7.7.10. CBRE agrees to include in the personnel files of alleged harassers both: 

(1) records of any disciplinary and/or remedial actions actually implemented; and (2) records of 

any disciplinary recommendation which is made for the purpose of effecting an ultimate decision 

and prepared by a person with knowledge of the investigation and with authority to make such 

recommendation, even if the recommendation is not ultimately implemented. 

7.7.11. CBRE agrees that it will not maintain records related to Sexual 

Harassment complaints or their investigations in complainants’ personnel files (or any similar 

files pertaining specifically to complainants). 

7.7.12. CBRE will also maintain the information necessary to comply with its 

reporting obligations, as set forth in Section VIII. 

7.8. Policies Designed to Promote Supervisor Accountability. 

7.8.1. CBRE agrees to impose Appropriate Remedial and/or Disciplinary 

Action -- up to and including termination, suspension without pay, or demotion -- upon any 

supervisor or manager who is found, at the conclusion of an investigation, to have engaged in 

Sexual Harassment, to have knowingly tolerated Sexual Harassment of one employee by another 

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in his or her work area, or to have retaliated against an individual for engaging in protected 

activity vis-à-vis alleged Sexual Harassment. CBRE shall communicate this policy to all of its 

supervisors and managers. 

7.8.2. CBRE agrees to and, to the extent that it already is, agrees to continue to 

advise all managers and supervisors of their duty to monitor their work areas to ensure 

employees’ compliance with the Harassment-Free Workplace Policy and to report any incidents 

and/or complaints of Sexual Harassment and/or retaliation (for complaining of alleged Sexual 

Harassment) of which they become aware consistent with the procedures set forth herein. 

7.8.3. CBRE agrees, where applicable, to consider supervisors’ and managers’ 

deficiencies in maintaining a harassment-free workplace and/or in responding to harassment 

complaints in evaluating their performance, and agrees further that the resulting evaluations will 

have the same consequences for them as normally flow from their evaluations. CBRE agrees to 

include “commitment to harassment-free workplace” as a criterion for qualification for 

supervisory positions. 

7.9. Consistency of Policies. CBRE agrees to ensure the consistency of its 

Harassment-Free Workplace Policy among all internal publications. 

7.10. Sexual Harassment Training. 

7.10.1. CBRE agrees to provide Company-wide Sexual Harassment training to 

all employees on two (2) occasions during the period from one year prior to the Effective Date 

and the end of the two-year term of this Consent Decree. 

7.10.2. CBRE agrees to provide Sexual Harassment training to all new 

employees within one year of their hire or, alternatively, to provide DVD or web-based training 

in a shorter time period. 

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7.10.3. If the Company-wide training takes place at a new hire’s office within 

one (1) year of hire, the Company-wide training will serve as the new-hire training for that 

individual. 

7.10.4. To the extent practicable in a given instance, a senior management 

official shall introduce Sexual Harassment training. 

VIII. APPOINTMENT OF SPECIAL MASTER AND REPORTING OBLIGATIONS 

8.1. Special Master. Prior to the Fairness Hearing, the Parties shall select a mutually 

agreeable independent third-party who is knowledgeable and experienced in Title VII law as the 

Special Master to administer the Tier Program set forth in Section IX and to serve as the Special 

Master as set forth in Section VII. The fees and costs of the Special Master will be assumed by 

CBRE. 

8.2. Content of Reports. CBRE agrees to submit two fact-based annual reports to the 

Special Master during the term of the Consent Decree that demonstrate to the satisfaction of the 

Special Master CBRE’s compliance with the terms of the Consent Decree. The Report shall 

include:

8.2.1. for each Sexual Harassment complaint received during the relevant 

cycle: (a) date of any Sexual Harassment complaint; (b) a factual description of complaint; (c) 

the office from which the complaint originated; (d) the date the investigation began; (e) the date 

the investigation closed; (f) whether the complaint was substantiated; (g) the disciplinary and/or 

remedial action taken, if any; (h) whether any subsequent complaints were reported in that office 

after the close of the investigation; and (i) for any investigation that lasted longer than 45 days, 

an explanation of the reasons the investigation was not completed within 45 days. 

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8.2.2. the schedule of Sexual Harassment training that took place during the 

preceding reporting cycle; and 

8.2.3. in the event CBRE is unable in good faith to provide Sexual Harassment 

training in compliance with the schedule set forth in this Consent Decree, a detail of the reasons 

therefor. 

8.3. Timetable for Reports. 

8.3.1. Provided that the Effective Date of the Consent Decree occurs on or 

before November 30, 2007, the first annual reporting period shall begin on December 1, 2007, 

with the annual report covering the next twelve (12) months due on December 31, 2008; and the 

second annual reporting period shall begin on December 1, 2008, with the annual report covering 

the next twelve (12) months due on December 31, 2009. 

8.3.2. If the Effective Date of the Consent Decree is after November 30, 2007, 

then the first annual reporting period shall begin on the first day of the month following the 

Effective Date, with the annual report covering the next twelve (12) months due to the Special 

Master 90 days after the end of the first annual reporting period; the second annual reporting 

period shall begin on the first day of the month following the end of the first annual reporting 

period, with the annual report covering the next twelve (12) months due 90 days after the end of 

the second reporting period. 

8.3.3. The due dates for the annual reports may be extended by written 

agreement of the Parties and the Special Master. 

8.4. Special Master’s Follow-Up on Reports. The Parties further agree that: (a) 

CBRE will provide the annual report to the Special Master only, (b) the Special Master will have 

45 days to review the annual reports to ensure compliance with this Consent Decree and to 

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identify any issues; (c) within that 45 day period, the Special Master must identify in writing for 

CBRE any areas in the report which require further attention or otherwise appear to demonstrate 

non-compliance with this Consent Decree, (d) CBRE will have 30 days thereafter to address 

and/or correct any areas noted by the Special Master, and (e) if the issues raised by the Special 

Master are not resolved within this 30-day period, the Special Master will share with Class 

Counsel any unresolved areas. 

8.5. Class Counsel’s Follow-Up on Reports. To the extent the Special Master shares 

unresolved areas or issues of non-compliance (if any) with Class Counsel as provided in 

Paragraph 8.4, Class Counsel must seek to resolve any disputes arising therefrom according to 

the procedures set forth in Section XXI. 

IX. MONETARY RELIEF 

9.1. Tier Program. 

9.1.1. Tier Program Generally 

9.1.1.1. The Parties have agreed to a tiered claims process (“Tier 

Program”) to which all Settlement Class Members will have access and by which participating 

Settlement Class Members will adjudicate any individual Eligible Claims for certain monetary 

relief related to the Litigation. The Tier Program contemplates that Claimants will elect one of 

the three procedural tracks or “Tiers” under which their claims will be evaluated. Each of the 

three Tiers is subject to an award cap proportional to the degree of process to which each 

Claimant’s claim is subjected. 

9.1.1.2. The Tier Program will be administered by the agreed-upon 

Special Master who shall use the standards and procedures described hereafter to process and 

decide the appropriate remuneration, if any, for each Claimant’s Eligible Claim. To the extent 

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any procedural or administrative issue is not specifically addressed below, the Special Master 

shall have the discretion to develop such procedures, rules and systems to execute the Tier 

Program in a way that is consistent with this Agreement and promotes the timely and fair 

disposition of any claim. In any event or Tier however, the Special Master shall not submit 

written findings of fact or conclusions of law. 

9.1.2. No Right to Appeal. Neither any Claimant nor CBRE has the right to 

appeal any decision by the Special Master in any Tier; the Special Master’s decision is final. 

9.1.3. Claimant Tier Election. Each Settlement Class Member seeking to 

participate in the Tier Program must complete a Claim Form, i.e. either a Tier 1 (Form-T1) or 

Tier 2 / Tier 3 (Form-T2/3) Claim Form. 

9.1.3.1. The Claim Forms will be mailed to each Class Member as 

attachments to the Notice. This Consent Decree, the Notice and the Claim Forms will also be 

made available on the home page of the website entitled www.cbrichardellislawsuit.com. 

9.1.3.2. All Claim Forms must be sent directly by the Claimants or 

their agents or representatives to the Claims Administrator and post-marked by the Claim Form 

Deadline. Within three (3) business days of receipt, or the Effective Date, whichever comes 

later, the Claims Administrator must forward the Claim Forms to the Special Master. If the 

Claims Administrator receives any form post-marked after the Claim Form Deadline, s/he shall 

return the untimely form to the Class Member attached to a standard letter developed by the 

Special Master explaining that the Claim Form Deadline has passed and that the Class Member 

is no longer eligible for the Tier Program, unless the Claimant can demonstrate to the satisfaction 

of the Special Master proof of timely delivery (such as receipt for certified mail) or there was 

good cause for delay. 

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9.1.4. Presentation Of Class-Wide Evidence. During the 90-day period after 

the Effective Date, CBRE and Class Counsel shall provide the Special Master with copies of 

their respective class certification briefs and exhibits filed in This Case in connection with 

Plaintiffs’ Motion for Class Certification. The Special Master may, at his/her discretion, request 

that CBRE and Class Counsel provide a live presentation concerning class-wide allegations of 

harassment and the defenses thereto (as to both liability and/or damages). The Special Master 

will decide the length, forum and format of any live presentation concerning class-wide 

evidence. Any class presentations shall be delivered by counsel for CBRE and Class Counsel; 

no live testimony of any witness, Named Plaintiff or Class Member is allowed. Class-wide 

evidence will not be permitted or considered in any form other than as expressly provided in this 

Consent Decree. With respect to the evaluation of whether any individual Claimant can meet the 

relevant Claim Standard, the Special Master shall give whatever credence and weight to the 

class-wide evidence she deems reasonable and appropriate, provided, however, that the classwide evidence will not have any presumptive effect.

9.1.5. Administration Of Tier Program. Once the Claim Form Deadline has 

passed, the Special Master shall begin the Tier Program Administration stage. The Tier Program 

will operate along three tracks: Tier 1, Tier 2, and Tier 3, each described below. 

9.1.5.1. The Special Master has the discretion to conduct/schedule 

Tier Program proceedings, subject to the rules established herein. All steps in the Tier Program, 

however, from individual Tier proceedings to the payment of any Tier Program awards, must be 

completed within 365 days from the Claim Form Deadline date or within another time agreed 

upon in writing by the Parties and the Special Master. 

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9.1.5.2. The Tier Program requires the Special Master to (a) verify 

that each Claimant is a Class Member; (b) analyze each Claimant’s claim based on the Claim 

Standards as defined herein and the materials provided by the Parties as permitted herein; and (c) 

determine whether, to the Special Master’s satisfaction, the Claimant has met the Claim 

Standard. 

9.1.5.3. Within 10 days of the Effective Date of the Settlement, for 

verification that a Claimant is a Class Member, CBRE will provide the Special Master a list of 

all female employees during the Class Period, and the locations and dates of their first and last, if 

applicable, dates of employment with CBRE. After the Claim Form Deadline, the Special 

Master shall compare the Claim Forms to the employee list to confirm that each Claimant is a 

Class Member. In the event that a Claimant’s name does not match the employee list, the 

Special Master shall request additional information from the Claimant including the Claimant’s 

social security number (if not already provided). The Special Master shall then implement 

appropriate procedures to compare this additional information with information maintained by 

CBRE while protecting the applicable confidentiality of the Claimant’s claim if submitted in Tier 

1. 

9.1.5.4. Within 10 days of the Effective Date of the Settlement, CBRE 

will provide the Special Master and Class Counsel a list of all CBRE employees who have 

executed releases of harassment claims under Title VII, along with copies of each executed 

release so that the Special Master may confirm that the release covers the Released Claims. 

Settlement Class Members who have executed releases of the Released Claims are ineligible for 

the Tier Program. 

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9.1.6. Tier 1 Claims.

9.1.6.1. A Tier 1 Claimant must complete a Form-T1. In or with the 

Form-T1, the Tier 1 Claimant must provide under penalty of perjury: 

(a) Her name, employment dates, office of employment, and a 

summary of the harassment the Claimant allegedly 

experienced; 

(b) A statement concerning the approximate dates (or time period) 

of the alleged harassment demonstrating that the alleged 

harassment occurred during the Class Period (although the 

Claimant does not have to specify the name of the harasser or 

provide specific dates for the underlying incident(s)). 

9.1.6.2. The Special Master must accept the allegations of the Tier 1 

Claimants as true. CBRE will not be permitted to rebut the allegations asserted in any Tier 1 

claims. 

9.1.6.3. The information submitted in the Form T-1s will be kept 

confidential by the Special Master, including from CBRE. 

9.1.6.4. If, based on the allegations in a Tier 1 Claimant’s Form T-1 

and subject to the limited information required to be provided therein, the Special Master 

determines that a Tier 1 Claimant meets the Tier 1 Claim Standard, s/he shall award that Tier 1 

Claimant the amount of $1,500. 

9.1.6.5. If the Special Master determines in her discretion that a Tier 1 

Claimant has not met the Tier 1 Claim Standard, she shall not receive a monetary award. 

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9.1.6.6. All Form T-1s shall be reviewed and retained exclusively by 

the Special Master. Once all Tier 1 claims have been processed, the Special Master shall notify: 

(a) Class Counsel and the Claims Administrator as to each Tier 1 

claimant’s award and the total amount allocated for Tier 1; 

(b) CBRE only as to the aggregate amount of all Tier 1 awards. 

9.1.6.7. CBRE shall then deposit the total Tier 1 award into an escrow 

account specified by the Claims Administrator within 30 days of service of notice of the total 

Tier 1 award from the Special Master or 10 days from the Effective Date of the Decree, 

whichever comes later. 

9.1.6.8. Within 30 days of deposit of the total Tier 1 award into the 

escrow account, the Claims Administrator shall: 

(a) distribute individual Tier 1 awards to each successful Tier 1 

Claimant; and 

(b) file and serve the appropriate Form 1099s with the Internal 

Revenue Service and the Claimants. 

9.1.6.9. Any Tier 1 award that is unclaimed as of the Expiration Date 

or six months after the Claims Administrator has issued the award to the Claimant, whichever is 

later, shall be paid to the charitable organization described in Paragraph 10.1 below. 

9.1.7. Tier 2 Claims. 

9.1.7.1. A Tier 2 Claimant must complete a Form-T2/3, designating 

that she wishes to proceed in Tier 2. This form identifies the Tier 2 Claimant by name and 

requires the Tier 2 Claimant to specify under penalty of perjury her Sexual Harassment 

allegations, including the detail of the hostile work environment which she allegedly 

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experienced, the identification of any individual who participated in the alleged Sexual 

Harassment, a detailed description of the alleged sexually harassing conduct, whether the alleged 

harassing conduct was welcome or unwelcome, a detailed description of how the alleged Sexual 

Harassment affected her and what injuries she alleges based on the alleged Sexual Harassment, 

the approximate time period when any alleged incidents occurred, whether each alleged incident 

was reported (and if so, to whom, how, and when it was reported) and, if not reported, the 

reasons why not. In determining whether a Tier 2 Claimant meets the Claim Standard, the 

Special Master shall treat vague or speculative allegations consistent with EEOC’s Policy 

Guidance. 

9.1.7.2. The Form-T2/3 will include a statement assuring the

Claimant that CBRE is prohibited from retaliating against her for participating in the Tier 

Program. 

9.1.7.3. Within 14 days of the Claim Form Deadline, the Special 

Master shall collect and submit all Form-T2/3s for the Tier 2 Claimants to CBRE. 

9.1.7.4. Within 90 days of receiving the Tier 2 forms from the Special 

Master, CBRE shall provide a written response to each Form-T2/3, including information 

concerning steps taken to respond to the alleged harassment, if it was reported or known to 

CBRE. CBRE’s response (including any position statement) shall be limited to 15 pages with 

writing and/or typing on only one side of each page, unless otherwise authorized by the Special 

Master. 

9.1.7.5. The Special Master shall then determine whether each Tier 2 

Claimant meets the Claim Standard. If the Special Master is unable to determine, based on the 

submissions described in Paragraphs 9.1.7.1 and 9.1.7.4, whether a Tier 2 Claimant meets the 

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Claim Standard, then the Special Master may make one request for additional information of 

Claimant and/or one request for additional information of CBRE for the purpose of enabling her 

to make such determination. 

9.1.7.6. If the Special Master determines that a Tier 2 Claimant meets 

the Claim Standard, the Special Master shall consider the damages available to litigants under 

Title VII and 42 USCS § 1981a and determine the appropriate monetary award, if any, for such 

Claimant within a range of $0 to $15,000.00. In the event the Special Master determines that the 

Claimant does not satisfy the Claim Standard, the Claimant shall be awarded no money. 

9.1.7.7. The Special Master shall make quarterly reports to Class 

Counsel, the Claims Administrator and CBRE concerning the Tier 2 awards for the preceding 

quarter. 

9.1.7.8. Within 60 days of each quarterly award report or 10 days 

from the Effective Date of the agreement, whichever comes later, CBRE shall deposit the total of 

the Tier 2 awards into the escrow account designated by the Claims Administrator. 

9.1.7.9. Within 30 days of deposit, the Claims Administrator shall 

tender to each successful Tier 2 Claimant her award check and file and serve the appropriate 

Form 1099 with the Internal Revenue Service and the Tier 2 Claimants. 

9.1.7.10. Any Tier 2 award that is unclaimed as of the Expiration Date 

or six months after the Claims Administrator has issued the award to the Claimant, whichever is 

later, shall be paid to the charitable organization described in Paragraph 10.1 below. 

9.1.8. Tier 3 Claims.

9.1.8.1. A Tier 3 Claimant must complete a Form-T2/3, designating 

that she wishes to proceed in Tier 3. This form identifies the Tier 3 Claimant by name and 

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requires the Tier 3 Claimant to specify under penalty of perjury her Sexual Harassment 

allegations, including the detail of the hostile work environment which she allegedly 

experienced, the identification of any individual who participated in the alleged Sexual 

Harassment, a detailed description of the alleged sexually harassing conduct, whether the alleged 

sexually harassing conduct was welcome or unwelcome, a detailed description of how the 

alleged Sexual Harassment affected her and what injuries she alleges based on the alleged Sexual 

Harassment, the approximate time period when any alleged incidents occurred, whether each 

alleged incident was reported (and if so, to whom, how, and when it was reported) and, if not 

reported, the reasons why not. A Tier 3 Claimant’s written submission shall be limited to 15 

pages with writing and/or typing on only one side of each page; however, a Tier 3 Claimant may 

submit as exhibits pre-existing documents (i.e., documents that were not created for purposes of 

submitting her Tier 3 Claim) that provide some or all of the basis for her Claim, including, by 

way of example only, inappropriate e-mails circulated in the workplace, photographs of 

inappropriate conduct in her office, etc.

9.1.8.2. The Form-T2/3 includes a statement assuring the Claimant 

that CBRE is prohibited from retaliating against her for participating in the Tier Program. 

9.1.8.3. In determining whether a Tier 3 Claimant meets the Claims 

Standard, the Special Master is entitled to follow up and ask the Claimant to be more specific. If 

the Claimant is not able to provide more specifics to the satisfaction of the Special Master, the 

Special Master may take that into account when adjudicating the claim. 

9.1.8.4. Within 14 days of the Claim Form Deadline, the Special 

Master shall provide copies of all Forms-T2/3 for the Tier 3 Claimants to CBRE. 

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9.1.8.5. Within 90 days of receiving each Tier 3 form from the 

Special Master, CBRE shall provide a response and/or position statement to the allegations in the 

Form-T2/3, including information concerning steps taken to respond to the alleged harassment, if 

it was reported or otherwise known by CBRE, additional areas of inquiry it believes are needed, 

and the names of persons it believes are necessary for resolving the claim, as well as any rebuttal 

to class-wide evidence cited by any individual claimant. CBRE’s written response (including 

any position statement) shall be limited to 15 pages with writing and/or typing on only one side 

of each page. CBRE shall return its response to the Special Master; however, CBRE may submit 

as exhibits pre-existing documents (i.e., documents that were not created for purposes of its 

response to the Tier 3 Claim) that provide some or all of the basis for its defense, including, by 

way of example only, an executed release by the Claimant. 

9.1.8.6. Within 30 days of receipt, the Special Master shall provide 

copies of CBRE’s response and position statement to each Tier 3 Claimant together with a 

standard cover letter prepared by the Special Master setting forth the rights that the Claimant has 

to respond as follows: Each Tier 3 Claimant shall have 60 days to prepare, if she so chooses, any 

rebuttal to the issues raised in CBRE’s response or position statement, including but not limited 

to the identification of any additional areas of inquiry and the names of persons necessary for 

resolving the claim. 

9.1.8.7. Within 90 days after the deadline for the rebuttal statement, 

the Special Master may, at his/her discretion, conduct additional investigation into a given Tier 3 

Claimant’s claims. The Special Master’s investigation can include a request for additional 

documentation or written response to specific questions from CBRE or the Claimant. Neither 

CBRE nor the Claimant may object to the additional investigation, unless compliance with the 

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request would cost the responding party more than $5,000 (exclusive of attorneys’ fees) to 

address. However, in the event that CBRE or the Claimant refuses to cooperate or provide the 

additional information requested from the Special Master, the Special Master may make an 

adverse inference regarding the requested information against that party. 

9.1.8.8. Once the Special Master has conducted any additional 

investigation, s/he shall schedule a Tier 3 Hearing. 

9.1.8.9. Tier 3 Hearings shall be conducted in Chicago, Illinois at 

dates and times scheduled by the Special Master. The Special Master has the discretion to 

reschedule Tier 3 Hearings at the Claimant’s or CBRE’s request. The Special Master shall 

decide the venue of the hearings. 

9.1.8.10. Tier 3 Hearings will be directed and conducted at the 

discretion of the Special Master, subject to the following guidelines: 

(a) Both CBRE and the Claimant (except for the Named Plaintiffs and 

CBRE with respect to the Named Plaintiffs’ claims only) shall 

have an opportunity to provide an oral presentation if they choose, 

including but not limited to a review of any alleged facts or 

documents; 

(b) Tier 3 Claimants who live more than 100 miles from the hearing 

venue may attend telephonically or, after being duly sworn, 

provide testimony telephonically. Alternatively, CBRE has the 

right to require a Tier 3 Claimant to testify in person (unless the 

Claimant can demonstrate to the Special Master extraordinary 

circumstances precluding her in-person attendance) provided that it 

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pays the Claimant’s reasonable transportation and lodging 

expenses; 

(c) Each side may, at her or its option and subject only to the Special 

Master’s discretion, identify one or more witnesses, including but 

not limited to CBRE employees, who have personal knowledge of 

the facts or circumstances alleged in or related to the Claim to 

testify;

(d) The Special Master has the discretion, informed by the written 

materials, to identify and request additional individuals, including 

CBRE employees and third-party witnesses that are in the control 

of the Claimant or CBRE, to attend the hearing and testify (and, in 

the event said witnesses are not produced, may draw reasonable 

inferences therefrom, taking into account all relevant 

circumstances including cost); 

(e) Subject to the discretion of the Special Master, the Special Master 

may ask questions of the witnesses, and may provide CBRE and 

the Claimant the opportunity to present and cross-examine the 

witnesses attending the hearing pursuant to the guidelines above; 

(f) A Tier 3 Hearing shall be completed in one, eight-hour day 

(exclusive of breaks), but the Special Master may extend this limit 

and may conclude the hearing at any time in less than eight hours, 

both either in his or her sole discretion and/or upon the request of 

either CBRE or the Claimant; 

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(g) The Special Master has discretion as to how each Tier 3 Hearing 

will be conducted, including the order of witnesses, time limits for 

the presentation of CBRE’s and the Claimant’s cases, and rules of 

evidence that apply, subject to the rule that CBRE and the 

Claimant shall be allocated equal amounts of time of that 

ultimately permitted for the hearing. 

9.1.8.11. The Special Master shall then determine whether each Tier 3 

Claimant meets the Claim Standard. 

9.1.8.12. If the Special Master determines that a Tier 3 Claimant meets 

the Claim Standard, the Special Master shall consider the damages available to litigants under 

Title VII and 42 USCS § 1981a and determine the appropriate monetary award, if any, for such 

Claimant within a range of $0 to $150,000. In the event the Special Master determines that the 

Claimant does not satisfy the Claim Standard, the Claimant shall be awarded no money. 

9.1.8.13. The Special Master shall make quarterly reports to Class 

Counsel, the Claims Administrator and CBRE concerning the Tier 3 awards for the preceding 

quarter. 

9.1.8.14. Within 60 days of each quarterly award report or 10 days 

from the Effective Date of the Agreement, whichever comes later, CBRE shall deposit the total 

of the Tier 3 awards into the escrow account established by the Claims Administrator. 

9.1.8.15. Within 30 days of deposit, the Claims Administrator shall 

tender to each successful Tier 3 Claimant her award check and file and serve the appropriate 

Form 1099 with the Internal Revenue Service and the Tier 3 Claimants. 

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9.1.8.16. Any Tier 3 award that is unclaimed as of the Expiration Date 

or six months after the Claims Administrator has issued the award to the Claimant, whichever is 

later, shall be paid to the charitable organization described in Paragraph 10.1 below. 

9.1.9. Return/Destruction Of Tier Program Materials. At the conclusion of 

the Tier Program, the Special Master shall return all materials submitted during the Program to 

the producing party or (with that party’s agreement) shall destroy those materials. 

9.1.10. The Named Plaintiffs’ Participation in The Tier Program. The 

Named Plaintiffs may participate in the Tier Program to the same extent as any Class Member, 

except as to the scope of the evidence the Named Plaintiffs are allowed to present if they elect to 

participate in the Tier Program, as set forth in Paragraph 9.1.8.10(a). Specifically, if any of the 

Named Plaintiffs participate in the Tier Program, the Parties agree that: 

9.1.10.1. the evidence CBRE and the Named Plaintiff may submit in 

support of or in opposition to a Tier 3 claim will be limited to the documentary evidence already 

developed in This Case (including, but not limited to, depositions, declarations, other summary 

judgment brief materials, and summary judgment briefs); 

9.1.10.2. for any Named Plaintiff who elects to submit a Tier 3 Claim, 

the Special Master will not conduct a Tier 3 hearing. 

9.1.11. No Entitlement to Attorneys’ Fees or Costs in Connection with Tier 

Program. Nothing in this Section (or this Consent Decree) shall permit individual Claimants or 

their attorneys, including but not limited to Class Counsel, to seek or recover from CBRE 

attorneys’ fees or other costs associated with representing an individual Claimant with respect to 

the Tier Program. CBRE shall not be obligated to compensate individual Claimants or their 

attorneys for any such fees or costs. 

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X. CHARITABLE CONTRIBUTION 

10.1. Charitable Contribution. 

10.1.1. CBRE agrees to make a contribution of $400,000, within 60 days of the 

Effective Date of this agreement, to the Commercial Real Estate Women (CREW) Network, an 

industry advocate for the success of women in commercial real estate, for the establishment and 

administration of a scholarship fund pursuant to the Women Scholars’ Program described in 

Exhibit G. The purpose of the program is to provide annual scholarships over the next four years 

to junior and/or senior female undergraduate students concentrating their field of study in the real 

estate area in order to promote the entry and advancement of women in the real estate services 

industry. 

XI. RELEASE AND COVENANT NOT TO SUE 

11.1. In consideration of the promises contained in, and the benefits provided or to be 

provided hereunder, upon the Effective Date this Consent Decree shall resolve, extinguish, and 

finally forever bar any and all Released Claims which any of the Named Plaintiffs, or their 

respective representatives, agents, heirs, executors, administrators, successors, or assigns have, 

may have, may have had, or in the future may have against CBRE arising from or related to 

events that occurred during the Liability Period. 

11.2. Except with respect to any persons who have effectively exercised a right to opt 

out of this Decree (which is permissible as to claims for monetary relief only), in consideration 

of the promises contained in, and the benefits, processes and procedures provided or to be 

provided to the Settlement Class Members hereunder, upon the Effective Date this Consent 

Decree shall resolve, extinguish, and finally and forever bar any and all Released Claims for 

monetary relief or for equitable relief which any of the Settlement Class Members, or their 

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representatives, agents, heirs, executors, administrators, successors, or assigns have, may have, 

may have had, or in the future may have against CBRE arising from or related to events that 

occurred during the Liability Period. As used in this Section, the phrase “monetary relief” shall 

include economic or non-economic monetary damages of any kind arising from the Released 

Claims, including, without limitation, back pay, employment benefits (including, without 

limitation, retirement, life insurance, and 401(k) savings plan benefits, and the monetary 

equivalent of various forms of leave), and/or interest (including both pre-judgment interest and 

post-judgment interest), compensatory damages and punitive damages. Upon the Effective Date, 

to the extent permitted by law, the doctrines of res judicata and collateral estoppel shall bind all 

Settlement Class Members with respect to the Released Claims (and shall also bar all Class 

Members with respect to claims for equitable relief released hereunder). The Consent Decree 

may be pled as a full and complete defense to any subsequent action or other proceeding 

involving any person or party which arises out of the Released Claims and any other claims 

released and discharged by the Consent Decree (i.e., the claims for equitable relief released as to 

all Class Members). 

11.3. Covenant Not to Sue. In consideration of the promises contained in this Consent 

Decree and the benefits, processes and procedures provided or to be provided hereunder, the 

Settlement Class Members also agree never to sue Defendant in any forum for any of the 

Released Claims. They additionally agree that any such claim, if filed by any one or more of 

them, shall be dismissed with prejudice. Excluded from this covenant not to sue are any claims 

that cannot be waived by law. 

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XII. GENERAL PROVISIONS 

12.1. No Admission Of Liability. This Consent Decree does not and is not intended to 

constitute and shall not be deemed to constitute an admission by CBRE as to the merits, validity, 

or accuracy of any of the allegations, claims, or defenses in the Litigation, nor shall it be used as 

a means to require the continuation of any program or action beyond the term of this Consent 

Decree, except as may be necessary to enforce the terms of this Consent Decree. By entering 

into this Consent Decree, CBRE does not admit or concede, expressly or impliedly, but instead 

denies, that it has in any way violated Title VII, the common law of any jurisdiction, any federal, 

state, or local law, statute, ordinance, regulation, rule, or executive order, or any obligation or 

duty at law or in equity. 

12.2. No Court Findings As to Liability. In agreeing to the terms of this Consent 

Decree, the Parties acknowledge that this Court has not made any findings or expressed any 

opinion concerning the merits, validity, or accuracy of any of the allegations, claims, or defenses 

in the Litigation. 

12.3. Not Admissible In Any Other Proceeding. 

12.3.1. The Parties shall not introduce or use or cause to be introduced or used 

anything in this Consent Decree, nor any action taken in implementation thereof, nor any 

statements, discussions, or communications, nor any materials prepared, exchanged, issued, or 

used during the course of the Litigation or in negotiations leading to this Consent Decree, in this 

Litigation or in any other judicial, arbitral, administrative, investigative, or other proceeding of 

whatsoever kind or nature, as evidence of Sexual Harassment, or as evidence of any violation of 

Title VII; the common law of any jurisdiction; any federal, state, or local law, statute, ordinance, 

regulation, rule, or executive order; or any obligation or duty at law or in equity. 

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12.3.2. Notwithstanding the foregoing, the Consent Decree may be used by the 

Plaintiff Class or CBRE in any proceeding in this Court to enforce or implement the Consent 

Decree or any orders or judgments of this Court entered into in connection herewith. 

12.3.3. Effect Of Failure Of Consent Decree. In the event this Consent Decree 

does not become final or effective (for whatever reason), this entire Consent Decree shall 

become null and void and of no force or effect at the option of Class Counsel, on behalf of the 

Named Plaintiffs or the Class, or CBRE. The Parties further agree that the Litigation shall be 

reinstated if CBRE exercises its option to void the Consent Decree pursuant to any of the 

conditions enumerated in Section XX below. 

12.4. Responsibility of Settlement Class Members and Named Plaintiffs for Tax 

Liabilities.

12.4.1. Each Settlement Class Member and Named Plaintiff who receives a 

payment from CBRE in connection with this Consent Decree and the procedures/payments 

provided for herein shall be fully and ultimately responsible for payment of any and all federal, 

state or local taxes (excluding the employer share of employment taxes, if any, and 

unemployment taxes and excluding amounts properly withheld from the payment, if any) 

resulting from or attributable to the payment received by such Settlement Class Member or 

Named Plaintiff. 

12.4.2. Further, each Settlement Class Member and Named Plaintiff shall 

indemnify and hold harmless CBRE, Class Counsel, the Depository Bank, and the Settlement 

Administrator from any tax liability, including penalties and interests and costs of any 

proceedings, related in any way to any acts or omissions on the part of the Settlement Class 

Member or Named Plaintiff. 

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12.4.3. In all cases in which the tax liability that arises is not attributable to any 

acts or omissions on the part of a Settlement Class Member or Named Plaintiff, the Settlement 

Class Member or Named Plaintiff shall indemnify and hold harmless CBRE, Class Counsel, the 

Depository Bank, and the Settlement Administrator from any tax liability, but not penalties, 

interest, or the costs of any proceedings related to such tax liability. 

XIII. INCENTIVE AWARDS TO NAMED PLAINTIFFS. 

13.1. CBRE agrees to pay the Named Plaintiffs an aggregate award of $350,000 for the 

services they provided to the Class, and the risks they assumed on behalf of the Class. 

13.2. Subject to the Court’s approval, the Parties have valued the services provided and 

the risks undertaken by each of the Named Plaintiffs by taking into account the following 

factors: 

(a) the length of each of their tenures as Named Plaintiffs in the 

litigation and the concomitant obligations as a result thereof; 

(b) the service of all Named Plaintiffs in the strategic components of 

the litigation, in which they gave direction to, and regularly 

consulted with, Class Counsel about the case strategy and direction 

and later about litigation plans and settlement issues; and 

(c) assistance by each of the Named Plaintiffs in designing and 

undertaking discovery and responding to discovery undertaken by 

CBRE, as well as submitting to depositions and providing 

declarations. 

13.3. Subject to the Court’s approval, the allocation of the Service Award, based on the 

recommendation of Class Counsel and the Named Plaintiffs, shall be as follows: 

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 Amy Wiginton $125,000 

 Kristine Moran $100,000 

 Andrea Corey $75,000 

 Norma Plank Fethler, $25,000 

 as successor in interest to Dondi Plank 

 Olivia Knapp $25,000 

13.4. CBRE will tender separate checks to Class Counsel for delivery to each Named 

Plaintiff in the respective amounts, within 30 days of the Effective Date of the agreement, after 

which CBRE shall file a Form 1099 in that amount for each Named Plaintiff. 

XIV. ATTORNEYS’ FEES AND COSTS 

14.1. Upon final approval of this Decree, CBRE shall establish an interest-bearing 

escrow account at Charter One Bank in Chicago, Illinois into which it shall deposit the sum of 

Three Million Four Hundred Thousand Dollars ($3,400,000.00), as payment to Class Counsel for 

all fees and litigation costs and expenses they incurred on behalf of Plaintiffs and the Class up to 

and including the date this Consent Decree obtains final approval by the Court. Such funds, 

including accrued interest, will be released and made payable to Class Counsel on the Effective 

Date of the Decree. 

14.2. CBRE shall not be responsible for the payment of any other attorneys’ fees and 

expenses incurred by Class Counsel, the Named Plaintiffs or the Class, except as follows: 

(a) the Special Master’s fees for administering the Tier Program and 

monitoring compliance with the Consent Decree as described 

herein; 

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(b) the travel and lodging expenses for live testimony of Tier Program 

claimants, described in Paragraph 11.1.8.11, above;

(c) demonstrable fees incurred by Class Counsel in jointly working 

with CBRE to respond to an appeal from the final order approving 

the Consent Decree, but only in the following limited categories: 

(1) reviewing and commenting on CBRE’s brief, (2) preparation of 

portions of an appellate brief which raises arguments that CBRE 

has refused to make after having been advised to do so by Class 

Counsel, but only if the arguments asserted by Class Counsel 

ultimately constitute one of the bases relied on by the Court of 

Appeals for upholding the consent decree, and (3) necessary 

preparation for and attendance of up to two attorneys at hearings 

related to the appeal; 

(d) demonstrable fees up to $20,000, incurred by Class Counsel for 

necessary preparation for and attendance of up to two attorneys at 

any class-wide oral argument requested by the Special Master 

pursuant to Paragraph 11.1.4, with the understanding that classwide evidence is otherwise limited to the class briefs and exhibits 

already submitted to the Court in connection with Plaintiffs’ 

motion for class certification and that CBRE will not pay fees 

incurred in the preparation of any additional written materials; 

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(e) any fees and expenses incurred by Class Counsel where Class 

Counsel represents the prevailing party in the enforcement of this 

Decree as set forth and limited by Section XXI; 

(f) any fees owed by CBRE under sub-paragraphs (c) and (d) shall be 

limited to and shall under no circumstances exceed $100,000; 

(g) the costs and expenses for administering the employment practices 

in Section VII of the Decree shall be paid by CBRE.

Notwithstanding the foregoing, this section in no way limits the right of Class Counsel to do 

additional work not enumerated above; this section is only intended to reflect the limitations on 

CBRE’s payments to Class Counsel for future work. 

14.3. The Parties acknowledge that neither Class Counsel, the Named Plaintiffs nor 

CBRE is responsible for any fees and costs associated with a Claimant’s participation in the Tier 

Program described in Section IX above. CBRE will not compensate Class Counsel for any fees 

or costs incurred in assisting any individual Class Members, including, but not limited to, 

responding to Class Member inquiries regarding the Settlement and/or performing ancillary tasks 

related to Class Members’ access to the Tier Program. 

14.4. CBRE shall have no obligation under this Consent Decree to pay any money for 

attorneys’ fees and costs to Class Counsel, except as expressly set forth herein. Except as 

otherwise provided herein, CBRE shall not be liable for any of the Named Plaintiffs’ costs or 

attorneys’ fees, statutory or otherwise, incurred in the Litigation or during the term of the 

Consent Decree. 

14.5. The costs and expenses for administering the employment practices in Section IX 

of the Agreement shall be paid by CBRE. 

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XV. PRELIMINARY APPROVAL HEARING 

15.1. Subject to approval by the Court, the Parties hereby agree to the following 

procedures and schedule for Notice and submission of this Consent Decree for final approval 

pursuant to Rule 23(e) of the Federal Rules of Civil Procedure. 

15.2. The Court shall conduct a Preliminary Approval Hearing on October 4, 2007 at 

1:30p.m. to determine whether the Court should approve the compromise of the Litigation in the 

manner set forth herein. 

15.3. The Parties agree that they shall jointly file this Consent Decree with the Court 

seeking entry of an Order in the form attached hereto and fully incorporated herein at Exhibit A. 

15.4. At the Preliminary Approval Hearing, the Parties agree to opine to the Court that 

the Consent Decree is fair, reasonable, and adequate to the Class as a whole, within the meaning 

of that phrase as contemplated by Rule 23(e) of the Federal Rules of Civil Procedure. Counsel of 

Record shall request prompt judicial approval of this Consent Decree as written and agree further 

to use their best efforts on a joint basis to obtain prompt entry of the Order. The Parties, through 

their respective counsel, also agree to recommend to the Court on a joint basis that, in their 

respective professional opinions, the Consent Decree is reasonable and appropriate, in the best 

interests of the Class, that the Parties have bargained for the terms in the Consent Decree, and 

that no section or subsection of this Consent Decree should be modified or stricken. If the Court 

does not execute the Order in the form attached and fully incorporated herein at Exhibit D in any 

material part, the Parties agree that this Consent Decree shall be null and void. If this Consent 

Decree is terminated or fails to become effective for any reason, the Court’s establishment of a 

provisional settlement process shall be void, and the respective rights of the Parties in This Case 

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or in any other case shall not be prejudiced in any way by the Consent Decree or the Court’s 

refusal to enter an Order approving the Consent Decree.

XVI. NOTICE 

16.1. The Parties have agreed to retain Rust Consulting, an independent Claims 

Administrator, to be paid by CBRE, to administer and implement the plan set forth herein to 

distribute monetary awards to Claimants, including the following powers: 

(a) to distribute Notice to Class Members, including by U.S. mail to 

their last known addresses; 

(b) to conduct a trace on Class Members whose Claim Forms are 

returned as undeliverable, identify current addresses for those 

Class Members and distribute Notice to those Class Members by 

U.S. Mail; 

(c) to receive and forward to the Court and Counsel of Record any 

Requests for Exclusion; 

(d) to forward Claim Forms to the Special Master; and 

(e) to distribute monetary awards to Claimants and file and serve the 

appropriate Form 1099s. 

16.2. Within fourteen (14) days after the entry of the Preliminary Approval Order, 

CBRE shall provide to Class Counsel and the Claims Administrator the names and last known 

addresses of Class Members. 

16.3. Within thirty (30) days after receipt of the list, the Claims Administrator shall 

issue Notice to the last-known address of each Class Member by first-class mail postage prepaid. 

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16.4. Upon receipt of any Notices returned to the Claims Administrator because the 

Class Member no longer resides at the last known address provided by CBRE, the Claims 

Administrator shall run a trace on the Class Member (at a cost to CBRE of $1 per trace); if an 

updated address is located, the Claims Administrator shall mail a new notice to the Class 

Member. In the event that the trace program, which will be based on last known names and 

addresses of Class Members, results in more than five percent (5%) of Claim Forms being 

returned as undeliverable, CBRE and Class Counsel will meet and confer regarding the 

appropriate methods by which to trace Class Members, including the use of social security 

numbers (under a Court-ordered Protective Order) for tracing purposes, and implement an 

additional round of mailing Notice. 

XVII. OPT-OUTS 

17.1. Any Class Member may request exclusion from the Class (“Opt-Out”) only for 

purposes of recovering individual monetary relief as described in Section IX (i.e., through 

participation in the Tier Program). 

17.2. No Class Member may opt out of the equitable relief provisions in Section VII of 

this Consent Decree. 

17.3. Class Members who wish to opt-out of the individual monetary relief portion of 

the settlement will be required to file a completed and signed Request for Exclusion with the 

Court. 

17.4. To opt-out of the Settlement, the Class Member will be required to submit a form 

signed personally by the Class Member or her attorney or other representative (unless otherwise 

authorized by law or approved in advance by the Court) containing her full name, address, day 

and evening telephone numbers, Social Security number and the following statement: 

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“I am a Settlement Class Member in the lawsuit of Wiginton v. CB Richard Ellis, 

Inc. Case No. 02 CV 6832. I wish to opt-out of the monetary portion of the 

settlement of This Case. I understand that by requesting to be excluded from the 

monetary portion of the Settlement, I will receive no money whatsoever from CB 

Richard Ellis, Inc. under the Settlement entered into by Defendant and Class 

Members and preliminarily approved by the Court as fair and reasonable on 

October 4, 2007. I understand that I may bring a separate lawsuit, in which I will 

not be represented by Class Counsel, and I understand that in any separate lawsuit 

I may receive nothing, or, I may receive less than I would have if I had filed a 

claim under the Tier Program. I also understand that I cannot seek exclusion from 

the Class for purposes of non-monetary relief, and I will be bound by the classwide equitable relief provisions of the Settlement entered into by Defendant and 

Class if the Court gives final approval to the Settlement.” 

17.5. Requests for Exclusion will be made available to Class Members upon request to 

the Claims Administrator by calling (888) 764-8860 or writing to the following address: 

Wiginton, et al. v. CB Richard Ellis, Inc., Claims Administrator, c/o Rust Consulting, Inc., P.O. 

Box 9388, Minneapolis, MN 55440-9388. 

17.6. Those who choose to opt-out of this lawsuit (a) will have no right to file a claim 

for or to receive any money under the settlement of This Case; and (b) may bring a separate 

lawsuit against CBRE. 

17.7. Requests for Exclusion must be mailed to the Claims Administrator and 

postmarked by January 2, 2008. The Settlement Administrator must, in turn, forward completed 

Requests for Exclusion to Counsel of Record. 

XVIII. OBJECTIONS/COMMENTS TO SETTLEMENT 

18.1. Any Class Member has the right to submit written objections to or comments in 

support of the proposed Settlement, the proposed award of attorneys’ fees and expenses, or the 

proposed payment of service awards to the Representative Plaintiffs. 

18.2. To do so, the Class Member must submit a written statement setting forth: (1) her 

name, address, and telephone number; (2) the reference “Wiginton v. CB Richard Ellis, Inc., No. 

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02 C 6832”; (3) the approximate dates and location of employment with CBRE; and (4) her 

objections, comments and any supporting arguments, to: Clerk of the Court, Northern District of 

Illinois, 219 South Dearborn Street, Chicago, Illinois 60604. 

18.3. The Class Member must also mail copies of her entire written submission to 

Plaintiffs’ Co-Lead Counsel and CBRE’s counsel at the addresses listed in Paragraph 22.9, 

below. 

18.4. To be considered by the Court, any objections or supporting comments must be 

actually received by the Clerk of the Court, Plaintiffs’ Co-Lead Counsel, and CBRE’s counsel, 

and not merely postmarked, no later than January 2, 2008. 

18.5. Only Class Members who remain in the Class may make an objection. Class 

Members who opt-out may not object to the proposed Settlement. 

18.6. Any Class Member may also attend the Fairness Hearing, either personally or 

through an attorney retained by her, at her own expense, and ask to be heard by the Court on her 

objections or comments. To be heard however, the Class Member must submit her objections or 

comments in writing in compliance with this Section and include in her objections or comments 

a statement that she intends to appear and requests to be heard at the Fairness Hearing. 

XIX. FAIRNESS HEARING 

19.1. Class Counsel shall file the date-stamped originals for any Request for Exclusion 

forms with the Court not later than two (2) days before the date set for the Fairness Hearing, at 

which the Consent Decree shall be presented to the Court for final approval. 

19.2. Class Members who have timely requested exclusion from the Class may not 

participate at the Fairness Hearing. 

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50

19.3. Settlement Class Members who wish to object to this Consent Decree or any part 

of it may be heard at the Fairness Hearing only: 

(a) if they file with this Court and serve on Counsel of Record a 

written statement of their objections and the basis for such 

objections; 

(b) where such statement is received by the Court and Counsel of 

Record at least ten (10) days prior to the date set for the final 

approval hearing; and 

(c) where such statement indicates whether they intend to appear at the 

Fairness Hearing. 

Such objectors must appear at the Fairness Hearing either in person or by counsel. Failure to 

perform any of these requirements shall be deemed a waiver of any objections. The Parties may, 

but need not, respond in writing to objections by filing a response with the Court. 

XX. EXCESSIVE NUMBER OF OPT-OUTS 

20.1. CBRE shall have the unilateral right to revoke the Consent Decree prior to the 

Effective Date in the event that ten percent (10%) or more of Class Members opt-out of the 

Consent Decree. 

XXI. ENFORCEMENT PROCEDURE 

21.1. Resolution Of Parties’ Disputes. In the event that Class Counsel or any Party to 

this Consent Decree believes that a Party has failed to comply with any material provision of this 

Consent Decree, he, she, or it shall first attempt to resolve the issue by good faith negotiations. 

21.1.1. To that end, he, she, or it shall immediately, and no later than ten (10) 

business days after becoming aware of the issue, notify the other party in writing via e-mail and 

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51

first class mail of the particulars of the dispute and the term or terms of the Consent Decree that 

are involved. 

21.1.2. The recipient of the written communication must respond in writing to 

the sender within ten (10) business days with an explanation of its position. 

21.1.3. If such correspondence does not resolve the dispute between the Parties, 

then the Parties shall meet in person or, if necessary, by telephone through representatives 

authorized to resolve the dispute on at least one (1) occasion within the next ten (10) business 

days and attempt to resolve the dispute in good faith. 

21.2. Court Intervention. After complying with Paragraph 21.1, above, if the Parties 

are unable to resolve their dispute, then the Parties may seek Court intervention. The moving 

papers shall explain the facts and circumstances that allegedly necessitate immediate action by 

the Court. If any such matter is brought before the Court requesting immediate Court action, the 

opposing party shall be provided with appropriate actual notice, and an opportunity to be heard 

in opposition to the motion, pursuant to the Local Rules of the Court and the Federal Rules of 

Civil Procedure. The Court in its discretion may set such procedures for emergency 

consideration as are appropriate to the particular facts and circumstances, but no such matter may 

be conducted on an ex parte basis. 

21.3. Fees Incurred to Enforce the Decree. The Parties will bear their own fees and 

costs in connection with any and all actions taken to enforce this Decree in the District Court, 

except that if Class Counsel represents the prevailing party in any such proceeding, they shall be 

entitled to recover their reasonable fees and costs for all work reasonably necessary to enforce 

the provisions of this Decree through the presentation of disputed issues for decision by the 

Court. Compensable time and expenses hereunder shall not include any work involved in 

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52

investigating the alleged non-compliance, in providing notice of the alleged non-compliance, or 

in seeking to resolve the dispute pursuant to Paragraph 16.1 above. 

21.4. No Third-Party Rights. Nothing in this Consent Decree shall be deemed to

create any rights on the part of any third party beneficiaries to enforce this Consent Decree. The 

right to seek enforcement of this Consent Decree is vested exclusively in the Parties. In the 

event that a third party challenges this Consent Decree or brings a lawsuit or files an 

administrative charge with a governmental agency, such as the U.S. Equal Employment 

Opportunity Commission or a similar state or local agency, against CBRE for liability resulting 

from any actions required by this Consent Decree, Class Counsel agrees that it will not intervene 

to challenge the Consent Decree (or otherwise take any affirmative steps to challenge or 

undermine the Consent Decree directly or indirectly). 

21.5. Status of Allegedly Injured Individuals. For purposes of interpreting this 

Consent Decree, allegedly injured individuals who are not Class Members shall not be deemed to 

be third-party beneficiaries of this Consent Decree and shall have no right to enforce its terms. 

21.6. No Individual or Independent Right to Seek Enforcement. Nothing in this 

Consent Decree is intended to confer upon any person or entity other than the Plaintiff Class, as a 

whole and by Class Counsel, and CBRE the right to seek enforcement of its terms. 

XXII. CONSTRUCTION 

22.1. Governing Law. This Consent Decree shall be construed and interpreted in 

accordance with and governed by the laws of the State of Illinois. 

22.2. Entire Agreement. This Consent Decree, including Exhibits, comprises the full 

and exclusive agreement and understanding of the Parties with respect to this settlement, and 

supersedes all prior written or oral agreements (including, without limitation, any and all term 

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53

sheets previously agreed to by the Parties). No representations or inducements to compromise 

this action have been made, other than those recited in this Decree. This Decree does not impose 

any obligations on the parties beyond the terms and conditions stated herein. Accordingly, this 

Decree shall not prevent or preclude CBRE from revising its employment practices and policies 

or taking other personnel actions during the term of the Decree that do not violate the 

requirements of the Decree. Rather, subject to the terms of this Consent Decree, CBRE retains 

all managerial discretion over personnel decisions and actions, terms and conditions of 

employment, and human resources functions, programs, policies, practices, and procedures, in 

accordance with applicable law. 

22.3. Severability. Subject to and independent from Paragraph 4.6 herein, if any 

clause, sentence, paragraph, or part of this Consent Decree or the application of it to any person 

or circumstances, is, for any reason, judged by the Court to be totally or partially unenforceable 

or contrary to law or if the enactment or amendment of any federal or state statute, order, 

ordinance, regulation renders any provision of this Consent Decree totally or partially 

unenforceable or contrary to law, such ruling, judgment, enactment, or amendment shall not 

effect, impair, or invalidate the remainder of this Consent Decree, except as otherwise provided 

herein. 

22.4. Joint Document Of The Parties. The terms of this Consent Decree are the 

product of joint negotiation and are not to be construed as having been authored by one Party or 

another. 

22.5. Agreed Modifications. Should either the Named Plaintiffs or CBRE determine 

that modifications, additions, or deletions to this Consent Decree are necessary, the counsel for 

the Parties shall meet in good faith and on reasonable notice to discuss any such changes. No 

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54

modification, deletion, or addition to this Consent Decree shall be adopted unless it is agreed 

upon in writing, signed by the Parties, and so ordered by the Court. 

22.6. Headings. The headings in this Consent Decree are for the convenience of the 

Parties only and shall not limit, expand, modify, amplify, or aid in the interpretation or 

construction of this Consent Decree. 

22.7. Non-Waiver. The waiver in any one instance by any Party hereto of any term, 

condition, or covenant in this Consent Decree or of the breach of any term, condition, covenant, 

or representation herein shall not operate as or be deemed to be a waiver of the right to enforce 

any other term, condition, or representation, nor shall any failure by any Party at any time to 

enforce or require performance of any provision hereof operate as a waiver of or affect in any 

manner such Party’s right at a later time to enforce or require performance of such provisions or 

of any other provision hereof. 

22.8. Calculation Of Time. In computing any period of time prescribed or allowed by 

this Consent Decree, unless otherwise stated, such computation or calculation shall be made 

consistent with the Federal Rules of Civil Procedure.

22.9. Notice To The Parties. All notices and other communications required under 

this Consent Decree shall be in writing and delivered either personally or by depositing the same, 

postage prepaid, in the United States Mail, addressed to the party hereto to whom the same is 

directed at the following addresses: 

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55

To Plaintiffs: 

Elizabeth A. Fegan 

HAGENS BERMAN SOBOL SHAPIRO LLP 

820 North Blvd., Suite B 

Oak Park, IL 60301 

beth@hbsslaw.com 

Kenneth A. Wexler 

Jennifer Fountain Connolly 

Amber M. Nesbitt 

WEXLER TORISEVA WALLACE LLP 

55 West Monroe Street, Suite 3300 

Chicago, IL 60603 

kaw@wtwlaw.com 

jfc@wtwlaw.com 

amn@wtwlaw.com 

To CBRE:

Brenda H. Feis 

Christopher J. DeGroff 

Anne E. Duprey 

SEYFARTH SHAW LLP 

131 S. Dearborn Street, Suite 2400 

Chicago, IL 60603 

(312) 460-5000 

(312) 460-7000 (facsimile) 

bfeis@seyfarth.com 

cdegroff@seyfarth.com 

aduprey@seyfarth.com 

The Parties or their counsel may from time to time change their addresses or representatives for 

purposes of this Section by providing written notice, return receipt requested, of such changes to 

the other Party. 

22.10. Counterparts. This Consent Decree may be executed in one or more 

counterparts and each executed copy shall be deemed an original, which shall be binding upon 

all Parties hereto. 

XXIII. STATEMENTS TO THE MEDIA OR GENERAL PUBLIC 

23.1. Publicity. CBRE, Class Counsel, and the Named Plaintiffs shall agree to a media 

statement (“Public Statement”), attached hereto as Exhibit F, to be issued jointly on the day after 

the Court’s preliminary approval of the settlement. Furthermore, CBRE, Class Counsel, and the 

Named Plaintiffs agree that all communications with the media and other non-parties to This 

Case regarding This Case shall be limited to the Public Statement. CBRE, Class Counsel, and 

the Named Plaintiffs agree that they will not engage in any unauthorized publicity regarding This 

Case and that neither Class Counsel nor Named Plaintiffs, nor any of their agents, will take any 

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56

steps to encourage any Class Members or other third parties from engaging in unauthorized 

publicity regarding This Case. To the extent that any unauthorized publicity occurs that is not 

approved by CBRE or Class Counsel per the above, CBRE and Class Counsel will retain the 

right to respond, subject to conferring with the other. CBRE, Class Counsel and the Named 

Plaintiffs further agree to refrain from engaging in any disparaging remarks or comments about 

each other, and agree that neither CBRE, Class Counsel nor Named Plaintiffs, nor any of their 

agents, will take any steps to encourage any Class Members or other third parties to engage in 

disparaging remarks or comments about each other. Moreover, Class Counsel and the Named 

Plaintiffs will inform any inquiring Class Members not to disparage CBRE and not to discuss 

this Case with the media or other non-parties to this Case beyond the parameters of the Public 

Statement.

23.2. Class counsel agrees that, within two (2) business days of the Court’s granting of 

preliminary approval of the Consent Decree, they will modify any web site and/or any other 

publicly-available postings they control that relate to the Litigation as necessary to conform to 

the parameters of the Public Statement and this Consent Decree. 

23.3. Notwithstanding the foregoing, Class Counsel retain the right to communicate 

with Class Members about the terms of this Consent Decree for the purpose of enforcing the 

terms of the Consent Decree, and CBRE retains the right to communicate with its employees 

about the terms of this Consent Decree for the purpose of enforcing the terms of the Consent 

Decree. 

XXIV. REPRESENTATIONS BY CLASS COUNSEL 

24.1. Class Counsel warrants and represents that: (1) with the exception of Named 

Plaintiffs, each does not now represent any individual who may have a claim against CBRE; and 

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57

(2) each does not now retain any present knowledge of any individual who intends to assert any 

claim, charge, complaint, action, cause of action, suit, grievance, controversy, dispute or demand 

against CBRE.

XXV. VOLUNTARY DISMISSAL WITH PREJUDICE 

25.1. The Parties agree that the Released Claims shall be dismissed with prejudice upon 

the Effective Date, provided that the Court retains jurisdiction to enforce the terms of this 

Consent Decree as described in Section 4.1. 

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Agreed to in form:

FOR THE NAMED PLAINTIFFS &

SEITLEMENT CLASS:

By:

Elizabeth A. Fegan

HAGENS BERMAN SOBOL SHAPIRO LLP

820 North Blvd, Suite B

Oak Psrk, L 6030 I

By.

Kenneth A. Wexler

~

Jennifer Fountain Co

Amber M. Nesbitt

WEXLER TORISE A WALLACE LLP

55 West Monroe S1., Ste. 3300

Chicago, IL 60603

Amy Wiginton

Krstine Moran

Andrea Scott flk/a Andrea Corey

Norma Plan Fehler as Successor in Interest to

Dondi Plan

Olivia Knapp

Agreed to in form:

FOR THE DEFENDANT:

CB RICHARD ELLIS, INC.

By:

Brenda H. Feis

Christopher J. DeGroff

Anne E. Duprey

SEYFARTH SHAW LLP

131 S. Dearborn Street, Suite 2400

Chicago, Ilinois 60603

(312) 460-5000

(312) 460-7000 (facsimile)

58

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Agreed to in form:

FOR THE NAMED PLAINTIFFS &

SETTLEMENT CLASS:

~

By:

Elizabeth . Fe an

HAGENS B SOBOL SHAPIRO LLP

820 Nort Blvd, Suite B

Oak Park, IL 60301

By:

Kenneth A. Wexler

Jennfer Fountain ConnoIly

Amber M. Nesbitt

WEXLER TORlSEV A WALLACE LLP

55 West Monroe St., Ste. 3300

Chicago, IL 60603

Amy Wiginton

Kristine Moran

Andrea Scott £la Andrea Corey

Norma Plank Feh1er as Successor in Interest to

Dondi Plank

Olivia Knapp

Agreed to in form:

FOR THE DEFENDANT:

CB RICHARD ELLIS, INC.

By:

Brenda H. Feis

Chrstopher J. DeGroff

Anne E. Duprey

SEYFARTH SHA W LLP

i 31 S. Dearborn Street, Suite 2400

Chicago, Ilinois 60603

(312) 460-5000

(312) 460-7000 (facsimile)

Dated: Dated:

CHi 11323590.1

58 Fiiial AgreemeIl9/18/07

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Agreed to in form:

FOR THE NAMED PLAINTIFFS &

SETTLEMENT CLASS:

By:

Elizabeth A. Fegan

HAGENS BERMAN SOBOL SHAPIRO LLP

820 North Blvd, Suite B

Oak Park, IL 60301

By:

Kenneth A. Wexler

Jennifer Fountain Connolly

Amber M. Nesbitt

WEXLER TORISEV A WALLACE LLP

55 West Monroe S1., Ste. 3300

Chicago, IL 60603

Amy Wiginton

Kristine Moran

Andrea Scott f/k/a Andrea Corey

Norma Plank Fehler as Successor in Interest to

Dondi Plank

Olivia Knapp

Dated:

CH11I23590.i

Agreed to in form:

FOR THE DEFENDANT:

By:

Bren H. Feis i

Christ pher J. DeGroff

Anne E. Duprey

SEYFARTH SHAW LLP

131 S. Dearborn Street, Suite 2400

Chicago, Ilinois 60603

(312) 460-5000

(312) 460-7000 (facsimile)

Dated:

58

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Agreed to in foun:

FOR TI NAMD PLAINTIFFS &

SETEMENT CLASS:

By:

Elizabeth A. Fegan

HAGENS BERMAN SOBOL SHAPIRO LLP

820 Nort Blvd, Suite B

Oak Park, IL 60301

By:

Kenneth A. Wexler

Jennfer Founta Coriolly

Amber M. Nesbitt

WEXLER TORISEV A WALLACE LLP

55 West Monroe St., Ste. 3300

Chicago, IL 60603

AmY~n_w ' - .

i &¡ r¿iu0

Krstine Moran

Andrea Scott flka Andrea Corey

Nonna Plan Fehler as Succssor in Interest to

Dondi Plan

Olivia Knpp

Agreed to in form:

FOR TI DEFENDANT:

CD RICHARD ELLIS, INC.

By:

Brenda H. Feis

Chrstopher J. DeGroff

Ane E. Duprey

SEYFARTI SHAW LLP

i 3 i S. Dearborn Street, Suite 2400

Chicago, Ilinois 60603

(312) 460-5000

(312) 460-7000 (facsimle)

58

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Agree to in form:

FOR TI NAMD PLAINTIFFS &

SETILEMENT CLASS:

By:

Elizaeth A. Fegan

HAGENS BERM SOBOL SHAPIRO LLP

820 Nort Blvd, Suite B

Oak Park, IL 6030 i

By:

Kenneth A. Wexler

Jennfer Fountan Connolly

J\ber~. Nesbitt

WELER. TORISEV A WALLACE LLP

55 West Monroe St., Ste. 3300

Chicago, IL 60603

Amy Wiginton

Krstine Moran ~Lfv~wAndrea Scott fIa Andrea Corey

Nora Plan Fehler as Succssor in Interest to

Dondi Plank

Olivia Knapp

Agreed to in fonn:

FOR TI DEFENANT:

CB RICHARD ELLIS, rnc.

By:

Brenda H. Feis

Chnstopber J. DeGroff

Ane E. Duprey

SEYF ARTI SHAW LLP

131 S. Dearborn Street, Suite 2400

Chicago, Ilinois 60603

(312) 460-5000

(312) 460-7000 (facsimile)

58

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Agreed to in form:

FOR THE NAMED PLAL~TlFFS &

SETTLEMENT CLASS:

By:

Elizaeth A. Fegan

HAGENS BERMAN SOBOL SHAPIRO LLP

820 North Blvd, Suite B

Oak Park, rL 6030 i

By:

Kenneth A. Wexler

Jennifer Fountain Conno1Jy

Amber M. Nesbitt

WEXLER TORISEVA WALLACE LLP

55 West Monroe. S1. Sie. 3300

Chicago, IL 60603

.Amy \\liginion

Kristine Moran

Andrea Scott f¡Ja Andrea Corey ¡ì .

¡ . '", ~ (IV. U'líl(,(L, j \:u,,'lì fi 'i~ ~ f' - ( . \, \ L, \ (/'t

(~

Norma Plank Fehler as Successor in Interest to

Dondi Plan

Olivia Knapp

Agreed to in fonn:

FOR THE DEFENDANT:

CB RICHARD ELLIS. INC.

By:

Brenda H. Feis

Chrstopher J. DeGroff

Anne E. Duprey

SEYFARTH SH.A. W LLP

131 S. Dearborn Street, Suite 2400

Chicago, Ilinois 60603

(3 12) 460-5000

(312) 460-7000 (facsimile)

58

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Agreed to in form:

FOR THE NAMD PLAiNTIFFS &

SETTLEMET CLASS:

By:

EJi7.abeth A. Fegan

HAGENS BERMAN SOllOL SHAPIRO LLP

820 North Blvd, Suite B

Oak Park, IL 60301

By:

Kenneth A. Wexler

Jennifer Fountai Connolly

Amber M. Nesbitt

WEXLER TORISEVA WAJ,LACELLP

55 West Monroe St., Ste. 3300

Chicago, IL 60603

Amy Wiginton

Kristine Moran

Andra Scott flkr. Andra Corey

Agreed to in form:

FOR THE DEFBNDANT:

CB RICIIAR ELLIS, INC.

By:

Brenda H. Feis

Chnstopher J. DeGroff

Anne E. Duprey

SEYFARTH SHAW LLP .

131 S. Dearborn Street, Suite 2400

Chicago, Ilinois 60603

(312) 460-5000

(312) 460-7000 (facsimile)

Norma Plank Fehler us Sucssor in Tnterest to

Dondi Plank L 7l~ Jf_t!~~ 1.iJil.. ("5~ ~ SiL~,;~r;

;O~ p~ -

Olivia Knapp

58

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Ag to in fonn:

FOR TH NAMD PLAFS &

SEITEMET CLASS:

By:

Elth A. Feg

HAGENS BERM SOBOL SHPIRO LLP

820 Nort Blvd, Sui B

Oak Park. IL 6030 i

By:

Kennh A. Wexler

Jenfer Fountan Connolly

Amber M. Nesbitt

WEXLER TORISEV A WALLACE LLP

55 West Monroe St., Ste. 3300

Chica, IL 60603

Amy Wiginton

Krstine Mora.

Andrea Scott f7a Andr Core

Norma Plan FeWer as Succ in Ineres to

Dondi Plank

Agree to in form:

FOR TH DEFAN:

CD RICH ELLIS, INe.

By:

Brenda H. Feis

Chr~opher J. ~ff

Ane E. Duprey

SEYFARm SHAW LLP

131 S. Deaorn Stret Suite 2~O

Chcago, ilinois 60603 :

(312) 460-5000

(312) 460-7000 (fasime)

- .. ,_ _0 _.

58

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