SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE CENTRAL JUSTICE CENTER

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1 ROBERT G. LOEWY (SBN ) LAW OFFICE OF ROBERT G. LOEWY, P.C. Quail Street Newport Beach, California 0 Phone: () -; Fax: () - rloewy@rloewy.com STEVE MARCHBANKS (SBN ) PREMIER LEGAL CENTER, A.P.C. 0 Fifth Avenue, th Floor San Diego, California Phone: () -00; Fax: () steve@premierlegalcenter.com Attorneys for Plaintiff ROBERT J. WAFER SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE ROBERT J. WAFER, an individual on behalf of himself and all others similarly situated, v. Plaintiff, ADVANCED CLINICAL RESEARCH INSTITUTE, LLC., et al., Defendants. CENTRAL JUSTICE CENTER Case No CU-MC-CXC ASSIGNED FOR ALL PURPOSES TO HON. ROBERT MOSS DEPARTMENT CX CLASS ACTION ORDER GRANTING P MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT Date: October 1, 01 Time: :0 A.M. Ctrm: Dept. CX Action filed: June, 01 Trial Date: Not Set WHEREAS, a class action is pending before this Court styled Robert J. Wafer v. Advanced Clinical Research Institute, LLC, et al., No CU-MC- WHEREAS, the parties having made application, pursuant to Rule.(c) of the California Rules of Court, for an order preliminarily approving the settlement of this Litigation in accordance with an Amended Stipulation of Settlement, dated as of September, 01 (the Amended conditions for a proposed settlement of the Litigation and for entry of judgment upon the terms

2 and conditions set forth therein; WHEREAS, the Court has read and considered the Amended Stipulation and the exhibits annexed thereto; and WHEREAS, except as otherwise defined herein, all capitalized terms herein have the same meanings as set forth in the Amended Stipulation, NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The Court hereby preliminarily approves the Amended Stipulation and the settlement set forth therein, subject to further consideration at a Final Approval Hearing described below.. Pursuant to Rule.(d) of the California Rules of Court, the Court hereby provisionally certifies the following class for settlement purposes: the following four studies at Advanced Clinical Research Institute: (1) the Orasure Technologies Protocol OQ-HCV- in 00; () the Braintree Pharmaceuticals Protocol BLI-0-0 in 00 and 0; () the Takeda Pharmaceuticals Protocol 01-0-TL--0 in 00; or () the Takeda Pharmaceuticals Protocol TP--. The Court approves, as to form and content, the Class Notice, Advertisement and Flyer attached to the Amended Stipulation as Exhibits A-C, respectively (collectively, the finds that plan for notice set forth in the Amended Stipulation meets the requirements of Rule.(f) of the California Rules of Court and due process, and is the best notice practicable under the circumstances and shall constitute due and sufficient notice to all Persons entitled thereto.. forth in the Notice and the Amended Stipulation and postmarked by no later than December 1, 01. Failure to meet this date will result in all defined Class members being included in the Class and being bound by the judgment in this case.. Notice and the Amended Stipulation and postmarked by no later than December 1, 01. No

3 Class member will be eligible for the free credit monitoring service if he or she fails to meet this date.. The Final Approval Hearing shall be held on December 1, 01, at :0 a.m., in Department CX of the Orange County Superior Court, Civil Complex Center, located at 1 West Santa Ana Blvd., Santa Ana, CA 01, to determine whether the proposed settlement of the Litigation on the terms and conditions provided for in the Amended Stipulation is fair, reasonable, and adequate to the Class and should be approved by the Court; whether a Judgment as provided in the Amended Stipulation should be entered; to determine the amount of fees, costs and expenses that should be awarded to Plaintiff s Counsel; and to determine whether to approve a service payment to Plaintiff Robert J. Wafer.. Any Class Member may appear and show cause, if he or she has any, why the proposed settlement of the Litigation should or should not be approved as fair, reasonable, and adequate, why a judgment should expenses should or should not be awarded to Class Counsel or why a service payment should or should not be made to Robert J. Wafer. Any written objections to the settlement must be received by the Court no later than December, 01.. All opening memoranda and documents in support of the settlement, and any on December, 01.. At or after the Final Approval Hearing, the Court shall determine whether the 1 Counsel and application for a service payment to Plaintiff Robert J. Wafer shall be approved.. The Court reserves the right to adjourn the date of the Final Approval Hearing without further notice to the Class Members, and retains jurisdiction to consider all further applications arising out of or connected with the proposed settlement. The Court may approve the settlement, with such modifications as may be agreed to by the Parties, if appropriate, without further notice to the Class.. If the Amended Stipulation and the settlement set forth therein is not approved or

4 consummated for any reason whatsoever, the Amended Stipulation and settlement and all proceedings had in connection therewith shall be without prejudice to the rights of the Parties status quo ante. IT IS SO ORDERED Date: October 1, 01 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE Robert J. Moss Judge of the Superior Court I am employed in the County of Orange, State of California. I am over the age of and am not a party to the within action; my business address is Quail Street, Newport Beach, CA 0. On September, I served a true and correct copy of the document(s) described as PRELIMINARY APPROVAL OF CLASS SETTLEMENT on interested parties in this action by placing true copies thereof enclosed in sealed envelopes as set forth below: John H. Horwitz Schaffer, Lax, McNaughton & Chen 1 S. Figueroa St., Suite 0 Los Angeles, CA 001 (By U.S. Mail) for collection and processing of correspondence for mailing with the United States Postal Service. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter is more than one day after date of deposit for mailing in affidavit. I deposited such envelope(s) with postage thereon fully prepaid to be placed in the United States Mail at Newport Beach, California as indicated above. (By Personal Service) I delivered by hand true and correct copies of the documents on the interested parties in this action as indicated above. (By E-Service) I served a true and correct copy by e-service pursuant to CRC.0 et seq. (By Hand Delivery) I caused such document(s) to be delivered by hand to the office of the addressee(s) as indicated above. (By Express Service) I served a true and correct copy enclosed in a sealed package, for collection and for delivery marked for next day delivery in the ordinary course of business, addressed to the office of the addressee(s) as indicated above.

5 (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on September, 01, at Newport Beach, California. /s/ Robert Loewy Robert Loewy