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 R. Andersen

Magistrate Judge Martin C. Ashman

PLAINTIFFS AND CB RICHARD ELLIS, INC.’S JOINT MOTION FOR

CERTIFICATION OF A SETTLEMENT CLASS, PRELIMINARY APPROVAL OF

SETTLEMENT AGREEMENT, AND APPROVAL OF NOTICE PLAN

Plaintiffs Amy Wiginton, Kristine Moran, Norma Plank Fethler, as Successor in Interest

to Dondi Plank, Andrea Corey and Olivia Knapp (“Plaintiffs”), on behalf of themselves and the

proposed Settlement Class Members, (as defined in the Settlement Agreement and below),

together with Defendant CB Richard Ellis, Inc. (“Defendant” or “CBRE,” referred to collectively

with Plaintiffs as “the Parties”), through their respective counsel, hereby bring their Motion for

Certification of a Settlement Class, Preliminary Approval of Class Action Settlement Agreement,

and Approval of Notice Plan (“Motion”), and state as follows:

1. Plaintiffs brought this action in 2002 on behalf of themselves and a class of

current and former female employees of CBRE alleging that CBRE subjected the alleged class to

a hostile work environment in violation of Title VII of the Civil Rights Act of 1964, as amended,

42 U.S.C § 2000 et seq. (“Title VII”).

2. After years of contentious litigation, leading to extensive and arm's-length

negotiations, the Parties reached a proposed Settlement which, if granted approval by the Court,

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will provide fair, reasonable, and adequate relief to members of the Settlement Class as a whole.

The Settlement Agreement contains three key components: (1) a three-tiered monetary claim

structure; (2) equitable relief; and (3) a substantial charitable contribution. The Consent Decree

also requires CBRE to directly pay Plaintiffs’ counsel’s attorneys’ fees and costs and for direct

Notice to the Settlement Class and Settlement administration costs. See Exhibit 1 of Plaintiffs’

Memorandum in Support of the Parties’ Joint Motion (“Plaintiffs’ Memorandum”), filed

contemporaneously herewith.

3. As demonstrated in Plaintiffs’ Memorandum, the Settlement Class sought by the

Parties meets all of the requirements of Federal Rule of Civil Procedure 23(a), (b)(2) and (b)(3),

making certification of such Class appropriate for settlement purposes.

4. The Proposed Settlement is likewise entitled to preliminary approval. In short,

the proposed Settlement is well within the range of what might later be found to be fair,

reasonable, and adequate. See Armstrong v. Board of Sch. Dirs., 616 F.2d 305, 314 (7th Cir.

1980) (citing Manual for Complex Litigation, §1.46, at 53-55 (West 1977)) (footnote omitted).

The Proposed Settlement has no deficiencies and is the result of serious, non-collusive

negotiations that took place after extensive discovery and litigation over several years. The

Parties’ request that the Settlement be preliminarily approved should therefore be granted.

5. The Parties’ proposed Notice and Notice Plan, as explained fully in the attached

Memorandum and in the Settlement Agreement, comports with due process and the Rule 23

requirements for issuing notice to Class members. The proposed Notice is clear, precise and

informative. The Notice Plan is likewise comprehensive and will be administered by Rust

Consulting, an independent Claims Administrator. Direct Notice will be sent to Settlement Class

Members by U.S. mail to their last known addresses, along with tracing current addresses for

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Settlement Class Members whose Notices are returned as undeliverable. Approval should be

granted to this comprehensive, easily understandable, direct-mail Notice plan. See Air Lines

Stewards and Stewardesses Ass’n Local 550 v. American Airlines, 455 F.2d 101, 108 (7th Cir.

1972).

WHEREFORE, the Parties move the Court, for good cause shown, to enter the attached

Proposed Order

1. Granting Preliminary Approval of the Settlement;

2. Certifying the Settlement Class;

3. Certifying the Plaintiffs as representatives for the Settlement Class;

4. Appointing Plaintiffs’ counsel as Class Counsel and Wexler Toriseva Wallace

LLP and Hagens Berman Sobol Shapiro LLP as Lead Class Counsel;

5. Directing that notice be provided to the Class in accordance with the Notice Plan;

and

6. Scheduling a Fairness Hearing and establishing all related deadlines.

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Dated: October 4, 2007 Respectfully submitted,

CB RICHARD ELLIS, INC.,

Defendant

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

By: /s/Kenneth A. Wexler

Kenneth A. Wexler

Jennifer Fountain Connolly

Amber M. Nesbitt

Wexler Toriseva Wallace LLP

55 W. Monroe Street, Suite 3300

Chicago, IL 60603

(312) 346-2222 – Telephone

Elizabeth A. Fegan

Hagens Berman Sobol Shapiro LLP

820 North Boulevard, Suite B

Oak Park, IL 60302

(708) 776-5600 – Telephone

Steve W. Berman

Nick Styant-Browne

Hagens Berman Sobol Shapiro LLP

1301 Fifth Avenue, Suite 2900

Seattle, WA 98101

(206) 623-7292 – Telephone

JoDee Favre

Favre Law Office, LLC

5005 W. Main Street

Belleville, IL 62226

(618) 257-8605 – Telephone

By: /s/ Brenda H. Feis

Brenda H. Feis

Christopher J. DeGroff

Anne E. Duprey

Seyfarth Shaw LLP

131 S. Dearborn Street, Suite 2400

Chicago, IL 60603-5577

(312) 460-5000 – Telephone

Daniel E. Gustafson

Karla M. Gluek

Renae Steiner

Gustafson Gluek PLLC

650 Northstar East

608 Second Avenue S.

Minneapolis, MN 55402

(612) 333-8844 – Telephone

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CERTIFICATE OF SERVICE

I, Kenneth A. Wexler, hereby certify that a copy of the foregoing Plaintiffs’ and CB

Richard Ellis, Inc.’s Joint Motion for Certification of a Settlement Class, Preliminary

Approval of Settlement Agreement was electronically filed on October 4, 2007. Those attorneys

who are registered with the Electronic Filing System may access these filings through the

Court’s System, and notice of these filings will be sent to these parties by operation of the

Court’s Electronic Filing System.

/s/ Kenneth A. Wexler

Kenneth A. Wexler

Wexler Toriseva Wallace LLP

55 W. Monroe Street, Suite 3300

Chicago, IL 60603

(312) 346-2222 – Telephone

(312) 346-0022 – Facsimile

kaw@wtwlaw.com

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