STIPULATED PROCEDURE REGARDING CLASS NOTICE; Case No. C

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1 NIALL P. McCARTHY (SBN 0) nmccarthy@cpmlegal.com ERIC J. BUESCHER (SBN 1) ebuescher@cpmlegal.com STEPHANIE D. BIEHL (SBN 0) sbiehl@cpmlegal.com & McCARTHY, LLP 0 Malcolm Road, Suite 0 Burlingame, CA 0 Telephone: (0) -000 Facsimile: (0) -0 Attorneys for Plaintiffs and the Classes FRANCIS J. ORTMAN III (SBN ) fortman@seyfarth.com LAURA J. MAECHTLEN (SBN ) lmaechtlen@seyfarth.com ERIC M. LLOYD (SBN 0) elloyd@seyfarth.com SEYFARTH SHAW, LLP 0 Mission Street, Suite 0 San Francisco, CA -0 Telephone: (1) - Fax: (1) - Attorneys for Defendant VICTOR M. SHER (SBN ) vic@sheredling.com MATTHEW K. EDLING (SBN 00) matt@sheredling.com SHER EDLING LLP California St., Suite San Francisco, CA Telephone: () 1-00 SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF CONTRA COSTA NATHAN COZZITORTO, et al.; vs. Plaintiffs, AMERICAN AUTOMOBILE ASSOCIATION OF NORTHERN CALIFORNIA, NEVADA & UTAH, et al., Defendants. AND RELATED CROSS ACTION. Case No. C1-0 Assigned to Dept. STIPULATED PROCEDURE REGARDING CLASS NOTICE STIPULATED PROCEDURE REGARDING CLASS NOTICE; Case No. C1-0

2 STIPULATED PROCEDURE FOR CLASS NOTICE Plaintiffs Nathan Cozzitorto, Rena Cozzitorto, Michael Cozzitorto, Sr., and Cozz s Auto Body & Service, Inc. ( Plaintiffs ) and Defendant American Automobile Association of Northern California, Nevada & Utah ( AAA NCNU ) (collectively the Parties ), by and through their respective counsel of record, hereby submit the following class notice procedure concurrently with the Parties Stipulation Regarding Class Notice. I. NOTICE TO 0 CLASS AND THE OWNER SUBCLASS The Parties agree that the Court should order all contract stations that contracted with AAA NCNU to provide emergency road service to AAA members in the State of California from December 1, 0 to the present to produce to the agreed upon third-party administrator contact information for all employees who performed emergency road services for AAA members (as drivers, dispatchers, administrators, fleet mechanics, and/or managers/supervisors) between December 1, 0 and the present. The information produced by contract stations to the thirdparty administrator should include the employee s name, mailing address, telephone and address if the contract station possesses this information. Alternatively, if a contract station does not possess the requested information, it must return a response to the third-party administrator explaining that it cannot comply with the Court s Order. The Parties proposed Order directing contract stations to produce class member contact information is attached hereto as Exhibit E. 1 To obtain the contact information of Class and Subclass members, and to distribute the class notices, the Parties propose the following steps: First, AAA NCNU shall provide the third-party administrator with the names and last known contact information (mailing address, telephone number and address, to the extent such information is available) of each contract station that contracted with AAA NCNU to provide emergency road service to AAA members in the State of California from December 1, 0 to the present. AAA NCNU shall provide this information to the third-party administrator no later 1 This Order also includes language directing the contract stations/owners to post the Short Form Publication Notice, Exhibit D, in their contract stations where employees can see it. See Method of Notice No., below. STIPULATION AND ORDER 1

3 than two weeks after the Court approves this procedure and issues the below order regarding class notice. Second, the Parties shall provide the third-party administrator with the Order directing contract stations to produce Class and Subclass member contact information upon its entry. Third, the third-party administrator shall distribute the Court s Order to each contract station that contracted with AAA NCNU to provide emergency road service to AAA members in the State of California from December 1, 0 to the present via U.S. Mail, and, where possible, . Each mailing shall include a stamped envelope pre-addressed to the third-party administrator. The Parties shall also ask the Clerk to set a Case Management Conference for approximately forty-five () days after the third-party administrator distributes the Court s Order so that the Court and the Parties may determine whether any follow-up with contract stations is necessary after the fifth step (below) occurs. Fourth, contract stations shall have twenty-one () days from the third-party administrator s mailing/electronic transmittal of the Court s Order to provide the following information to the third-party administrator via U.S. Mail or a. The name, mailing address, telephone number and address of each contract station employee who performed emergency road services for AAA members (as a driver, dispatcher, administrator, fleet mechanic, and/or manager/supervisor) between December 1, 0 and the present; and b. The name, mailing address, telephone number and address of each current or former contract station owner who performed emergency road services for AAA members (as a driver, dispatcher, administrator, fleet mechanic, and/or manager/supervisor) between December 1, 0 and the present. c. Alternatively, if a contract station does not possess any information regarding its employees or owners, a brief letter explaining why it cannot comply with the Court s Order for this reason. Fifth, the third-party administrator shall issue a report to the Parties detailing the contract stations response rate within fourteen (1) days of the contract stations deadline to return the STIPULATION AND ORDER

4 requested contact information. Following the issuance of this report, the Parties shall appear at the aforementioned case management conference to address whether any additional efforts are necessary to obtain contract stations compliance with the Court s Order to produce contact information. Sixth, following the case management conference and the completion of any actions ordered by the Court to obtain contract stations compliance with the Court s Order to produce contact information, the third-party administrator shall compile lists comprised of the members of the 0 Class and the Owner Subclass and distribute the agreed upon class notices to each Class/Subclass member via U.S. Mail, and, where possible, . Concurrently with the mailing/electronic transmittal of the class notices, notice shall be published and/or posted as described below. To ensure that contract stations post notices, as described below, the Parties propose that the Court enter an Order directing such action which would then be distributed to contract stations (Exhibit F hereto) by the third-party administrator via U.S. Mail and, where possible, , along with a copy of the notice to be posted. After the class notices are disseminated, published and/or posted, Class and Subclass members shall have 0 days to request exclusion via U.S. Mail, , or online via the class action website, if they so desire. II. NOTICE TO BREACH OF CONTRACT CLASS The Parties propose the following steps to distribute class notices to the Breach of Contract Class. First, AAA NCNU shall provide the third-party administrator with a list of all contract stations that contracted with AAA NCNU to provide emergency road service to AAA members in the State of California from December 1, 0 to the present containing the station s name, last known mailing address, last known address, last known telephone number, and designated primary owner(s). AAA NCNU shall provide this list to the third-party administrator no later than two weeks after the Court issues its order regarding class notice. After the third-party administrator receives the list, direct notice will be provided to contract stations via U.S. Mail and, where possible, , supplemented by publication notice, as set forth below. Contract stations STIPULATION AND ORDER

5 will have 0 days to exclude themselves from the Class via U.S. Mail, , or online via the class action website III. METHODS OF NOTICE The following are the methods of notice that the third-party administrator plans to use: 1. Direct mailing for all Class and Subclass members whose physical addresses are obtained;. Direct ing for all Class and Subclass members whose addresses are obtained;. Publication in various regional newspapers throughout Northern California, including major metropolitan newspapers such as: Redding Record Searchlight; Eureka Times-Standard; Fresno Bee; Monterey County Herald; Sacramento Bee; Bay Area News Group (combination of Contra Costa Times, West County Times, San Jose Mercury News, San Mateo County Times, San Ramon Valley Times, Valley Times, Tri-Valley Herald, and Alameda Times-Star); Santa Rosa Press Democrat; and San Francisco Chronicle;. blast to all members of the California Tow Truck Association (CTTA);. blast to all members of the United Coalition for Motor Club Safety;. Link to the Class Action Website from the CTTA and UCMCS websites;. Contract Station posting;. AAA NCNU Club Owned Fleet posting; and. Class Action Website. STIPULATION AND ORDER

6 IV. PROPOSED CLASS NOTICES AND PROPOSED ORDER RE: CLASS MEMBER CONTACT INFORMATION The Parties, having met and conferred, jointly submit the attached class notices and ask that the Court approve them: Exhibit A: Long Form 0 Class Notice; Exhibit B: Long Form Owner Subclass Notice; Exhibit C: Long Form Breach of Contract Notice; and Exhibit D: Short Form Summary Notice. In addition, the Parties stipulate and agree that, subject to the Court s revisions, the proposed Order attached hereto as Exhibit E should be adopted by the Court and distributed to all contract stations that contracted with AAA NCNU to perform emergency road services for AAA members in California from December 1, 0 through the present, via U.S. Mail and (where possible), by the third-party administrator. Further, the Parties stipulate and agree that, subject to the Court s revisions, the proposed Order attached hereto as Exhibit F should be adopted by the Court and distributed to these same contract stations, via U.S. Mail and (where possible), by the third-party administrator, along with a copy of the Short Form Summary Notice (Exhibit D hereto). The Parties shall submit proposed final versions of Exhibits E and F hereto which reflect the Court s revisions (if any) for the Court s signature following entry of the Proposed Order below. /// /// /// Dated: June, & McCARTHY, LLP NIALL P. MCCARTHY ERIC J. BUESCHER STEPHANIE D. BIEHL STIPULATION AND ORDER

7 Dated: June, STEPHANIE D. BIEHL SHER EDLING LLP VICTOR M. SHER MATTHEW K. EDLING MATTHEW K. EDLING Attorneys for Plaintiffs and the Classes SEYFARTH SHAW LLP FRANCIS J. ORTMAN III LAURA J. MAECHTLEN ERIC M. LLOYD ERIC M. LLOYD Attorneys for Defendant STIPULATION AND ORDER

8 ORDER Pursuant to the stipulation of the Parties attached hereto and good cause appearing, the following class notices shall be issued pursuant to the procedure and methods as described in the Parties stipulation: Exhibit A: Long Form 0 Class Notice; Exhibit B: Long Form Owner Subclass Notice; Exhibit C: Long Form Breach of Contract Notice; and Exhibit D: Short Form Summary Notice. Further, the Court hereby adopts the Parties proposed Order Re: Class Member Contact Information and Posting (Exhibit E) and the Parties proposed Order Re: Class Notice Posting (Exhibit F). The Parties are hereby directed to submit proposed final versions of both documents Hon. Barry Goode for the Court s signature. cn=hon. Barry Goode, o, IT IS SO ORDERED. ou, =cxlit@contracosta.c ourts.ca.gov, c=us Dated: June 1,.0.1 1:: -0'00' HONORABLE BARRY P. GOODE STIPULATION AND ORDER