JOINT STIPULATION AND SETTLEMENT AGREEMENT OF CLASS ACTION CLAIMS
Seth Carter et al. v. Andre-Boudin Bakeries, Inc. et al., San Francisco Superior Court Case No. CGC 07-460701

This Joint Stipulation and Settlement Agreement of Class Action Claims ("Settlement," "Stipulation," or "Agreement") is made by MAURICE BURNETT, SETH CARTER, ARTIEMIS HARRIS, PAUL PLOTKIN and SHANIDA SCOTT (the "Class Representatives") on behalf of themselves and each of the Class Members as defined herein, and on behalf of the California Labor and Workforce Development Agency on the one hand, and the defendants, ANDRE-BOUDIN BAKERIES, INC.; BOUDIN BAKERIES, INC.; BOUDIN PROPERTIES OPERATING, INC. (collectively "Boudin"), on the other hand, in the above-captioned action ("Class Action" or "Action").

• PROCEDURAL HISTORY
  On February 22, 2007, the initial Complaint was filed in this Action. On April 23, 2007 a First Amended Complaint was filed on December 6, 2007 a Second Amended Complaint was filed, and on August 19, 2008 a Third Amended Complaint was filed. The five Class Representatives brought suit on behalf of themselves, similarly situated persons and the California Labor and Workforce Development Agency, seeking payment for missed meal breaks, missed rest breaks and other labor code violations.
• DEFINITIONS
  The term "Class Members" shall be defined as all individuals who were employed as properly non-exempt employees by Boudin in California from and after October 1, 2002 through February 28, 2007.
  The term "Class Representatives" shall be defined as MAURICE BURNETT, SETH CARTER, ARTIEMIS HARRIS, PAUL PLOTKIN and SHANIDA SCOTT.
  The term "Boudin" shall be defined as ANDRE-BOUDIN BAKERIES, INC.; BOUDIN BAKERIES, INC.; BOUDIN PROPERTIES OPERATING, INC.
  The term "Class Period" shall be defined as October 1, 2002 to February 28, 2007.