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1 . \\\11\1\\l\(l\l\\\t 00 org _ _ -- -t 6,,D ri 7 t(1 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF PIERCE 10,_, ' (\j 11 ' -.,-, i\j, n n MATTHEW BLASCO, MICHELE STOHLMEYER, ANN MARIE STURMER, AND CESAR CASTRO, on behalf of themselves and on behalf of all others similay situated, VS, Plaintiffs, EL GAUCHO TACOMA, LLC, a. Washington Limited Liability Company; EL GAUCHO SEATTLE, LLC, a Washington Limited Liability Company; EL GAUCHO BELLEVUE, a Washington Limited Liability Company; MACKAY RESTAURANT MANAGEMENT GROUP, INC., a Washington Corporation; and WATERFRONT, LLC, a Washington limited liability company, Defendants. CLASS ACTION NO [RR:Of~1D] ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT AGREEMENT THIS MATTER having come before the Court upon Plaintiffs' Motion for Preliminary Approval of Class Settlement Agreement, and the Court having considered the memorandum and materials submitted, reviewed the record in this action, heard the argum~nts of counsel, and considering itself fully advised, finds and rules as follows: ]:RQP0FD ORDER GIL~NTING PLAINTIFFS',,,,,,_ ~H:JI:IoN FOR PRELI_~HN,\RY,AP.PROV.-\LOF CLASS SETTLEMENT.-\GREEMENT 1 of,!jjpfau COCHRAN L ~~VERTETIS AMALA,\ l'ml=ioiul Limited Liability Company II P'il'Citic'A,;CiiuC, Suite 0...,... Tacoma, WA 02 Phone: ()m-07 Facsimile: () ,).. i,,...,.,:,-,

2 .J,;f '."'7 () 2.J 6,_o '~ 7 r.t:1 t -,:--J 10 C r\.j 11 ""' (\) ':i,-j I. Defendants El Gaucho Tacoma, LLC; El Gaucho Seattle, LLC; El Gaucho Bellevue; Mackay Restaurant Management Group, Inc.; and Waterfront, LLC ("El Gaucho") do not oppose this motion. 2. Plaintiffs and El Gaucho have executed a proposed settlement ("Settlement Agreement") seeking to resolve Plaintiffs' claims against El Gaucho. As part of the Settlement Agreement, the parties have agreed to seek provisional certification of a settlement class. Pursuant to CR (b)(), the Court orders that this action may proceed on behalf of the following classes of persons: (I) all current and former employees who worked for one or more of the Defendants in Washington during the Settlement Class Period and who were paid on an houy, non-exempt basis during at least some portion of the Settlement Class Period and (2) all current and former employees who worked as a Server, Cocktail Server, Event Server, Captain, or Bartender for one or more of the Defendants at any of their Washington restaurants during the Settlement Class Period. -Excluded from the class are persons who propey execute and file a timely request for exclusion 'from the class in accordance with the terms of the Settlement AgreemeriL'"....:,:: _',... This certification of a settlement class is provisional in nature and is for the limited purpose of providing notice to the class of the pendency of the settlement and evaluating its fairness and adequacy. This provisional settlement class certification shall automatically terminate if the settlement is not finally approved for any reason.. Subject to the terms of Paragraph 2 of this Order, the Court finds that the following requirements of CR (a) are met with respect to these settlement classes. The settlement classes are too numerous to be joined individually. This action presents common questions of law and fact. The claims of the proposed class representatives are typical of those of the settlement classes. The Class Representatives and Class Counsel identified in the proposed Settlement Agreement will adequately protect the interests of the settlement class. Plaintiffs, PB 2 FE ORDER GRANTING PL\INTIFFS'...,... :.010:not:J.FO,R,PREL!i\lIR\RY_.\PPR0V..\.L OF CL\SS SETn.. EMENT AGREEMENT 2 of ~J.PFAU COCHRAN 1..-~~VERTETIS AMALA A Prolc:s.sioM! limiltd Liabilny Companr 1rP-iCific".A\~iltie, Suite" mo~... Tacoma, v\' A 02 Phone: () m-07 Facsimile: (.1) W\\'\\'.pc, alaw.com

3 -~.J 2 6 ri 7 :./', i'! 10 (\] 11 (\] ~ ri " have also satisfied the predominance and superiority requirements of CR (b )() for the purposes of this settlement., The Court appoints Matthew Blasco, Michelle Stohlmeyer, Ann Marie Sturmer, and Cesar Castro as Plaintiffs' Class Representatives. The firms of Pfau Cochran Vertetis Amala, PLLC, and Ledger Square Law, P.S., are appointed as Class Counsel.. The Court has carefully reviewed the terms of the proposed Settlement Agreement. The settlement provides substantial relief to the class without the risk, cost, and delay associated with continued litigation and trial. The settlement also resulted from extensive arms-length negotiation with the participation of a mediator with extensive experience in class action litigation and class settlements. The Court preliminary approves the Settlement Agreement as presenting a compromise that falls within the range of possible approval as fair, reasonable, and adequate. Accordingly, this Settlement Agreement warrants publication and consideration by the class. 6. Plaintiffs and El Gaucho recommend CPT Group to the Court as the administrator of -:..... the settlement ("Settlement Administrator"). The Court has reviewed the background qualifications of CPT Group, and finds it qualified to serve for this case and therefore appoints CPT Group, as the Settlement Administrator. 7. The Court will conduct a hearing on the fairness and final approval of the settlement ("Fairness Hearing") on April, 1, at q.'1d~to determine: (i) whether the proposed settlement of the litigation on the terms and conditions set forth in the Settlement Agreement of the parties is fair, reasonable, and adequate; (ii) whether the proposed settlement class should be finally certified; (iii) whether a final order of judgment and dismissal should be entered; (iv) ' whether the fee application of Class Counsel and proposed awards for Plaintiffs' Class Representatives should be approved; and (v) such other matters as the Co:urt deems just and proper. ORDER GRANTING PLAINTIFFS' _ M0TI0N.FORPRELI.MIN:\RY.-\PPR0V.-\LOF. ci..~ss SETTI,E.\!ENT.~GREEMENT of,!j.pfau COCHRAN 1.. ~~VERTETIS AMALA A ProkssiM,d Limitul Li~bility Company 1T Pa'dfkA\;eiuie; S\1ice 0- Tacoma, VJ A 02 Phone: () m-07 Facsimile: () ,>f -~ '!, ' ww w.pc\ alaw.com

4 1j).-l,:-l i~ '-.; :_{) '.""'! 7 r (1 i - ;;'J 10 ij,\j 11 ' d 1:\J,~ Class members who wish to be heard at the fairness hearing in opposition to the settlement or any of the other issues identified above must serve by first class mail a request to be heard with the Court, Class Counsel, and defense counsel by February, 1, pursuant to the instructions set forth in the Notice. Class members may file written statements in the same manner without obliging themselves to appear at the fairness hearing. Class members who do not follow the procedure outlined in the Notice shall be deemed to have waived any objections and shall be forever foreclosed from making any objection to the fairness and adequacy of the proposed settlement, to the propriety of class certification, to any final judgment that may be entered, and to any award of attorney fees and expenses to Class Counsel. The Court may issue further orders in advance of the fairness hearing to establish the procedure for presentations at the hearing and to insure a fair, efficient, and ordey presentation of all views, without undue repetition.. Any class member may be excluded from the class (i.e., "opt out"),if he or she timely,., -. - elects not to participate in the settlement or be bound by its terms. Class members who choose.. --~-, to "opt out" shall do so by mailing by registered mail a personally signed and timely and validly -. _.,,.... completed request for exclusion pursuant to the instructions set forth in the Notice, postmarked by the deadline of February, 1. All persons who comply with these requirements shall be excluded from the class and shall have no rights or obligations with respect to the settlement, shall not be bound by its terms, and shall have no standing to comment on or object to the settlement. Class members who do not comply with these requirements shall be considered part of the class and bound by the Settlement Agreement and its terms, if it is finally approved. 10. Pursuant to the terms of the Settlement Agreement, the parties are directed to give notice to the class of the pendency of this action, the terms of the Settlement Agreement, the procedure for exercising the opt-out right, and the procedures for filing written objections or appearing at the fairness hearing. The Notice, which is attached as Exhibit A to the l'sfi!ri=i:!!l!?~f ')RDER Glv\NTING PLAINTirFS'... 0TION FOR PRELfoUNARY.APPROVAL.OF CLASS SETTI"EMENT,\GREEMENT of ~JjPFAU COCHRAN 1... ~ivertetis AMALA A Prnlcssional [jrni"<j lijhihy Comp.in) Il'PaCiric'AVChue, Stiifr mo,.. " Tacoma, WA 02 Phone: () Facsimile: () 'i'1

5 >-,--j ri (J 2 -.J 6 J) 7 /f) t-- 10,_ '! (\j 11 ~. n [',J n Settlement Agreement, is hereby approved as providing all information necessary to inform class members of their rights and obligations under the proposed settlement. The notice program provides for actual notice to those class members appearing in the records of Plaintiffs and El Gaucho. The notice program proposed by Plaintiffs is approved as providing the best notice practicable and the Court holds that it complies with due process requirements, the requirements of CR (c) and (e), and any other applicable laws or rules. Not later than six days prior to the Fairness Hearing, the Settlement Administrator shall file with the Court and serve on Class Counsel proof by declaration or affidavit that it has complied with the Notice requirements described above and in the Agreement. 11. Pursuant to CR (d)(2), for the protection of the class and to insure the fair conduct of the fairness hearing and evaluation of the proposed settlement, all persons, including (but not limited to) defendants, class members, and their counsel, are hereby enjoined from soliciting or inducing objections to the settlement or the filing of requests for exclusion from the class by means of misleading communications.. Persons.who violate this order shall be - - ~. subject to appropriate sanctions and the Court reserves its right to invalidate exclusions or objections obtained by use of such misleading communications.. Pending final determination of whether this settlement should be approved, all discovery and other proceedings in this litigation between Plaintiffs and El Gaucho are stayed, except for proceedings relating to the settlement.. The Court reserves the right to adjourn the date of the fairness hearing without further notice to class members and retains continuing jurisdiction to consider all further matters arising out of, or connected with, the proposed settlement. 1. If the settlement is not approved, or otherwise is terminated in accordance with the terms of the Settlement Agreement, the Settlement Agreement shall have no force or effect. All negotiations, proceedings and statements made in connection with the Settlement -l!!!l!l!l!il!!: 0 :1:iJ::?DD ::JRDER Gll1\NTING PL.\INTIFFS'.,..,.~IOTIO~F0R PRELI_MIN..\R\'...\PPRO\:..\L OF.. CL.\SS SET!lEMENT..\GREEMENT of ~JjPFAU COCHRAN L...:.~VERTETIS AMALA,\ ProlcssiOll.ll \Jmiu.-d ifabilicy C.Ompany IrPffC:ifiCAV riue, Suire or - -- Tacoma, v,,r A 02 Phone: (l)m-07 Facsimile: (J) 627-CX \Vww.pc\ alaw.com

6 2 6 7 Agreement and the settlement approval process shall be deemed inadmissible in any further proceedings, and the parties to this litigation shall be restored to their respective positions prior to the entry of this order, preserving all respective arguments, claims, and defenses. 1. Pending final determination as to whether the Settlement, as set forth in the Agreement, should be approved, no Class Member shall commence, prosecute, pursue, or litigate any Released Claims against El Gaucho, whether directly, representatively, or in any capacity, and regardless of whether or not any such Class Member has appeared in the action..,,-; 10,_, (\] 11,;i r\i,,..,,: Plaintiffs' Motion for Preliminary Approval of Class Action Settlement is GRANTED.!/Ill/ ////// //!Ill /!!/// I/Ill Ill/I R.iF?CSFD ORDER GRA.NTING PLAINTirFS' _MOTION.FORPREUMINARY Al'PROVALOF CL.\SS SETTI,EMENT.-',GREEMENT 6 of ~JjPFAU COCHRAN Ls.:.~VERTETIS AMALA,\ l'rcilcs~ion~l I j1nn~-.i Li~hihty Comp.my 11 'P;t'ciliCA \,Cnuc: Sl.lifc 2Uff... Tacoma, W /\ 02 Phone: (2:'i)) Facsimile. ()) \vww.pcvabw.c(jffi

7 J'1,;-! (_) 2 -.J 6,.D 7 ii"!,-- r-l Ci [\j Presented By: DONE IN OPEN COURT this day of November,. PFAU COCHRAN VERTETIS AMALA, PLLC ~ ;r By,ffL--><----_:::: _ Darrell L. darrell@p alaw.com Loren A. Cochran, WSBA No. 277 loren@pcvalaw.com Christopher E. Love, WSBA No. 22 Attorneys for Plaintiffs G~ ~ The Honorable Helen G. Whitener,", i ~-; Af f ~ -1t cl IJ,!:, --\-l fo,wl J O.e, 'l_ c;.v\ Ltw1 ~.L-'-'-"r-' tr-tr \-\. No¼ l-t k ~, "'<j s kli" D-i-\e111 ~-~vi\-)-;,... FF PB ORDER GRANTING PL:\INTIFFS' M()TIQN,FOR P.RELIMINARY APPROVAL OF. CL\SS SETTLEMENT AGREEMENT 7 of FILED DEPT. 11 IN OPEN COURT,!JjPFAU COCHRAN 1... ~ivertetis AMALA A Professional Limited LiabiliLr Companr 1f P'.iCif'iC A"v'eiiiif'.~ Sllite 0--- Tacoma, WA 02 Phone: () m-07 Facsimile: () w ww.pcvalaw.com