Notices

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION

PENELOPE BAIM BLOCK,   BRIJ M. SHARMA, CHARANJIT            

SINGH, LISA M. BERTINI,   VANDANA MAKKER, BALA M.                  

KRISHNA, TY C. GERHARDT,    and JEFFREY ZIMMERMAN,                   

               Plaintiffs,                                  

                   v.                                                                      01 CH 9137

McDONALD’S CORPORATION,                                     Judge Richard Siebel

           Defendant.                               

[PROPOSED] PRELIMINARY APPROVAL ORDER

Plaintiffs having filed a motion for an order preliminarily approving the Settlement Agreement, defendant McDonald's Corporation ("McDonald's") having filed papers in support of that motion; the said motion having come on for hearing before the above-entitled Court; the Court having reviewed and considered all documents, evidence and arguments of counsel presented in support of said motion; the Court being fully advised of the premises and good cause appearing therefor, the Court enters its order and, subject to final determination by the Court as to the fairness, reasonableness and adequacy of the Settlement Agreement (“Settlement”), finds and orders as follows:

1.            The Settlement and the terms set forth therein, are preliminarily approved as fair, reasonable, and adequate.

2.            The Court finds that the manner and content of the notice specified in the Settlement and Exhibit E thereto will provide the best practicable notice to members of the Plaintiff Settlement Class, as defined in Section 1.10 of the Settlement.  McDonald's shall provide notice of the hearing on final approval and notice of all material elements of the proposed settlement, by publishing once each in USA Today and certain specialized publications (as specified in the Settlement) reasonably calculated to reach members of the Plaintiff Settlement Class a Notice of Proposed Settlement (the “Class Notice”) in a form substantially like Exhibit E to the Settlement.  The costs and expenses of publishing the Class Notice shall be paid by McDonald's, subject to the provisions of paragraph 9.1 of the Settlement.

3.            A final approval hearing shall be held by this Court on August 22, 2002 at 2:00 p.m. to consider and finally determine:

            a.            Whether the Settlement should be finally approved as fair, reasonable, and adequate;

            b.            Whether attorneys’ fees, costs and expenses should be awarded to Plaintiffs’ Counsel, as provided in Section 10 of the Settlement; and

            c.            Objections, if any, made to the Settlement, or any of its terms.

Plaintiffs’ brief and other papers in support of the proposed settlement, and application for an amount of fees, costs and expenses, shall be filed with the Court on or before July 23, 2002.  The final approval hearing described in this paragraph may be postponed, adjourned, or continued by order of the Court without further notice to the Plaintiff Settlement Class.

4.            Any member of the Plaintiff Settlement Class who does not request exclusion and who objects to approval of the proposed settlement may appear at the final approval hearing in person or through counsel to show cause why the proposed settlement should not be approved as fair, reasonable, and adequate.

5.            However, no person (other than representatives of the named parties) may be heard at the final approval hearing, or file papers or briefs, unless on or before july 8, 2002, such person files with the Clerk of the Court and serves on counsel for the Plaintiff Settlement Class a timely written objection and notice of intent to appear, in accordance with the procedures specified in the Class Notice and Settlement.  Any member of the Plaintiff Settlement Class who does not make his or her objection to the settlement in the manner provided herein, shall be deemed to have waived such objection by appeal, collateral attack or otherwise.

6.            The publishing of the Class Notice, as directed by this Order, constitutes the best notice practicable under the circumstances and sufficient notice to all members of the Plaintiff Settlement Class.

7.            Any member of the Plaintiff Settlement Class who desires exclusion therefrom must file, by July 8, 2002, a written request for exclusion with the Clerk of the Court at the address set forth in the Class Notice.  All persons who properly file requests for exclusion shall not be Plaintiff Settlement Class members and shall have no rights with respect to the settlement.  In the event that Plaintiff Settlement Class members totaling more than 200 request exclusion, McDonald's shall have the right to declare the settlement null and void.

8.            If the Settlement is finally approved, the Court shall enter a Settlement Order and Judgment approving the Settlement, within the meaning of and for purposes of paragraph 14.1 of the Settlement.  Said Settlement Order and Judgment shall be fully binding with respect to all members of the Plaintiff Settlement Class who did not request exclusion by July 8, 2002, in accordance with the terms of the Settlement.

9.            All discovery and other pretrial proceedings in this action are stayed and suspended until further order of this Court, except such actions as may be necessary to implement the Settlement or this Order.

10.            In the event that the proposed settlement as provided in the Settlement is not approved by the Court, or entry of a Settlement Order and Judgment as provided in the Settlement does not occur for any reason, then the Settlement, all drafts, negotiations, discussions, and documentation relating thereto, and all orders entered by the Court in connection therewith shall become null and void.  In such event, the Settlement and all negotiations and proceedings relating thereto shall be withdrawn without prejudice to the rights of any and all parties thereto, who shall be restored to their respective positions as of the date of the execution of the Settlement.

11.            The dates of performance of the Order are as follows:

            a.         The Notice of Proposed Settlement shall be published in accordance with the provisions of paragraph 13.1 of the Settlement.  Such publication shall be completed by June 1, 2002.

            b.            Requests for exclusion must be postmarked by July 8, 2002.

            c.            Objections to the settlement and notices of intention to appear at the final approval hearing shall be deemed timely only if postmarked by July 8, 2002.

            d.            Plaintiffs’ Counsel shall file and serve papers in support of final approval of the Settlement and request(s) for attorneys’ fees, costs and expenses by July 23, 2002.

            e.         Parties to prepare and file with the Court a joint list of class members who have filed timely requests for exclusion by July 23, 2002.

            f.            McDonald's shall file papers, if any, in support of settlement by July 23, 2002.

            g.            Responses to objections to be filed by July 23, 2002.

            h.            Any party with standing to do so may file a response to plaintiffs' or McDonalds submissions in support of settlement by August 7, 2002.

            i.             Plaintiffs and McDonalds may file replies in support of  settlement by August 15, 2002.

            j.             The final approval hearing shall be held on August 22, 2002 at 2:00p.m.

IT IS SO ORDERED.

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5/6/02 2:32 PM (21160.0022)