1 Michael J. Stortz (SBN 139386) Ray E. Gallo (SBN 158903) 580 California Street, Suite 1500 [email protected] 2 San Francisco, CA 94104-1036 Dominic Valerian (SBN 240001) AKIN GUMP STRAUSS HAUER & FELD LLP [email protected] 3 Email: [email protected] GALLO LLP Telephone: 415.765.9500 1604 Solano Ave., Suite B 4 Facsimile: 415.765.9501 Berkeley, CA 94707 Telephone: 415-257-8800 5 Seamus C. Duffy* Michael W. McTigue Jr. (pro hac vice) Hank Bates (SBN 167688) 6 Meredith M. Slawe (pro hac vice) [email protected] AKIN GUMP STRAUSS HAUER & FELD, LLP David Slade (pro hac vice) 7 Two Commerce Square [email protected] 2001 Market Street, Suite 4100 CARNEY, BATES & PULLIAM, PLLC 8 Philadelphia, PA 19103-7013 519 West 7th Street Email: [email protected] Little Rock, AR 72201 9 [email protected] Telephone: 501-312-8500 [email protected] 10 Telephone: 215.965.1200 Attorneys for Plaintiff Facsimile: 215.965.1210 BRANDON HODGES 11 Attorneys for Defendant 12 COMCAST CABLE COMMUNICATIONS, LLC *pro hac vice to be sought 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 OAKLAND DIVISION 16 17 BRANDON HODGES, for himself, and all Case No. 4:18-cv-01829-HSG others similarly situated, 18 STIPULATION AND ORDER Plaintiff, CONTINUING HEARING ON 19 COMCAST’S MOTION TO STAY v. PENDING APPEAL 20 COMCAST CABLE COMMUNICATIONS, Date: September 26, 2019 21 LLC, a Delaware limited liability company; Time: 2:00 p.m. and DOES 1-50, inclusive, Ctrm: 2 – 4th Floor 22 Judge: Hon. Haywood S. Gilliam, Jr. Defendants. 23 24 25 26 27 28 1 Plaintiff Brandon Hodges and Defendant Comcast Cable Communications, LLC 2 (“Comcast”), by and through their undersigned counsel and subject to the approval of the Court, 3 hereby stipulate and agree to continue the hearing date on Comcast’s Motion to Stay Pending 4 Appeal (Dkt. No. 58) as follows: 5 WHEREAS, Comcast timely filed its Notice of Appeal of the Court’s Order Denying 6 Comcast’s Motion to Compel Individual Arbitration (Dkt. No. 50) (the “Order”) on July 26, 2019 7 (see Dkt. No. 52); 8 WHEREAS, Comcast filed a Motion to Stay Pending Appeal on July 31, 2019, which 9 motion is set for hearing on September 26, 2019 at 2:00 p.m.; 10 WHEREAS, Comcast contends this action should be stayed pending its appeal because, 11 inter alia, whether the Federal Arbitration Act (“FAA”) preempts the rule announced by the 12 California Supreme Court in McGill v. Citibank, N.A.,

(Cal. 2017) and whether the 13 McGill rule is implicated in this action present serious legal questions; 14 WHEREAS, the question of whether the FAA preempts the McGill rule is the subject of a 15 Petition for Panel Rehearing and Rehearing En Banc (“Petition for Rehearing”), which Comcast 16 filed in the Ninth Circuit on August 9, 2019 in Tillage v. Comcast Corp., No. 18-15288 (Dkt. No. 17 60); 18 WHEREAS, on September 9, 2019 in Tillage, the Ninth Circuit entered an order directing 19 plaintiffs/appellees to file a response to Comcast’s Petition for Rehearing (Dkt. No. 66); and 20 WHEREAS, the parties believe that it is in the interests of judicial economy to preserve the 21 status quo and continue the hearing on Comcast’s Motion to Stay Pending Appeal until after 22 Comcast’s Petition for Rehearing is resolved. 23 NOW THEREFORE, the parties stipulate and agree that: 24 (1) The hearing on Comcast’s Motion to Stay Pending Appeal set for September 26, 2019 25 at 2:00 p.m. is taken off calendar, to be reset after Comcast’s Petition for Rehearing in 26 Tillage is resolved; 27 (2) The parties are ORDERED to submit, upon resolution of Comcast’s Petition for 28 1 Rehearing, a joint report of no more than two pages. The parties’ joint report may advise, 2 at either party’s election, as to any further appellate proceedings in Tillage, and shall 3 advise as to the status of Comcast’s appeal of the Order; and 4 (3) If Comeast’s Petition for Rehearing in Tillage is not resolved within 90 days of this 5 order, the parties are directed to submit a joint report of no more than two pages on that 6 date regarding the status of (a) the Petition for Rehearing; and (b) Comcast’s appeal of 7 the Order. 8 | ITIS SO STIPULATED. 9 || Dated: September 24, 2019 AKIN GUMP STRAUSS HAUER & FELD LLP 10 By: /s/ Michael Stortz 1] Michael J. Stortz Seamus C. Duffy (pro hac vice to be sought) 12 Michael W. McTigue Jr. (pro hac vice) 3 Meredith C. Slawe (pro hac vice) Attorneys for Defendant 14 COMCAST CABLE COMMUNICATIONS, LLC 15 16 || Dated: September 24, 2019 GALLO LLP 7 CARNEY, BATES & PULLIAM, PLLC

18 By: _/s/ Dominic Valerian 19 Ray E. Gallo Hank Bates 0 Dominic Valerian David Slade (pro hac vice) 21 Attorneys for Plaintiff 9 BRANDON HODGES 23 24 || PURSUANT TO STIPULATION, IT IS SO ORDERED. 25 ____— 9242019 DATE Hon. Ha¥wood S. Gilliam, Jr. 27 United States District Court Judge 28 STIPULATION AND ORDER CONTINUING HEARING ON COMCAST’S -3- CASE NO. 4:18-CV-01829-HSG

1 Attestation Pursuant to Civil Local Rule 5-1(i) 2 Pursuant to Civil Local Rule 5-1(i), I, Dominic Valerian, hereby attest that I have obtained 3 concurrence in the filing of this document from the other signatories to this document. 4 I declare under penalty of perjury under the laws of the United States of America that the 5 foregoing is true and correct. Executed this September 24, 2019, in Albany, California. 6 7 /s/ Dominic Valerian Dominic Valerian 8

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