GET BENEFITS SUBMITTING CLAIM FORM Correa Sensa by alicejenny

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        8                     SUPERIOR COURT OF THE STATE OF CALIFORNIA
        9                               FOR THE COUNTY OF LOS ANGELES
       10
       11   DANIELLE CORREA and JENNIFER                        CASE NO. BC 476808
            TEEPLES, individuals, on behalf of themselves
       12   and all others similarly situated,                  Judge:     Anthony J. Mohr
                                                                Mediator: Peter D. Lichtman (Ret.)
       13                 Plaintiffs,
                                                                CLASS SETTLEMENT AGREEMENT
       14          v.

      15    SENSA PRODUCTS, LLC, a limited liability
            company; and DOES 1 through 25, inclusive,
      16
      17                  Defendants.
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                                                            1
                                          CLASS SETTLEMENT AGREEMENT
4756939.1
                                              SETTLEMENT AGREEMENT
                    This Agreement is entered into by and between: (i) the proposed Settlement Class

            Representatives, for themselves and on behalf of the Settlement Class; and (ii) Sensa Products,

            LLC. (All capitalized terms used herein are as defined in Section 2.)

            1.      RECITALS
                    1.1     The Settlement Class Representatives believe that the Settled Claims have merit.
            However, the Settlement Class Representatives and Settlement Class Counsel recognize and

            acknowledge the expense and length of continued proceedings necessary to prosecute the claims

            through trial, appeals, and ancillary actions. They also have taken into account the uncertain

            outcome and the risk of any litigation, as well as the difficulties and delays inherent in such

            litigation. They believe that the settlement set forth in this Agreement confers substantial benefits

            upon the Settlement Class. Based upon their evaluation, they have determined that the settlement

            set forth in this Agreement is in the best interest of the Settlement Class.

                    1.2     Defendant has denied and continues to deny all liability with respect to any and all

            of the Settled Claims or the facts alleged in support thereof and has denied and continues to deny
            all charges of wrongdoing or liability against it arising out of or relating to any conduct, acts, or

            omissions alleged or that could have been alleged in the Action. Defendant's willingness to
            resolve the Settled Claims on the terms and conditions embodied in this Agreement is based on,
            among other things: (i) the time and expense associated with litigating the Settled Claims through

            trials and any appeals; (ii) the benefits of resolving the Settled Claims, including limiting further

            expense, inconvenience, and distraction, disposing of burdensome and litigation, and permitting
            Defendant to conduct its business unhampered by the distractions of continued litigation; and (iii)

            the uncertainty and risks inherent in any litigation.

                    1.3     This Agreement is the product of extensive, arms-length, and vigorously-contested
            settlement discussions. The Parties engaged in three mediation sessions with the Honorable Peter
            D. Lichtman (Ret.) at JAMS on June 13, June 26, and July 10, 2012, and continued negotiations

            thereafter. Before and during the settlement discussions, the Parties had an arms'-length exchange
            of sufficient information to permit the Settlement Class Representatives and Settlement Class
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                                             CLASS SETTLEMENT AGREEMENT
4756939.1
        1   Counsel to evaluate the claims and potential defenses and to meaningfully conduct informed
        2   settlement discussions.
        3           1.4    NOW THEREFORE, subject to Court approval, as hereinafter provided, it is
        4   hereby stipulated and agreed by the Parties that, in consideration of the promises and covenants set
        5   forth in this Agreement, this Action shall be settled and compromised upon the terms and
        6   conditions contained herein.
        7   2.     DEFINITIONS
        8          The definitions contained herein shall apply only to this Agreement and shall not apply to
        9   any other agreement, including, without limitation, any other settlement agreement, nor shall they
       10   be used as evidence, except with respect to this Agreement, of the meaning of any term.
      11    Furthermore, each defined term stated in a singular form shall include the plural form, and each
      12    defined term stated in a plural form shall include the singular form. As used in this Agreement, in
      13    addition to any definitions elsewhere in this Agreement, the following terms shall have the
      14    meanings set forth below:
      15           2.1     "Action" means and refers to Danielle Correa, et al. v. Sensa Products, LLC,
      16    pending in the Los Angeles County Superior Court.
      17           2.2     "Agreement" means and refers to this amended Settlement Agreement.
      18           2.3     "Claim Amount" means and refers to the amount to be paid to each Participating
      19    Claimant under the terms of this Agreement. The Claim Amount shall be calculated as follows:
      20                   (a) if the number of Participating Claimants does not exceed 15,555, the Claim
      21           Amount shall be either (i) $45 or (ii) an equal share of the Minimum Net Proceeds (MNP),
      22           whichever is greater.
      23                   (b) if the number of Participating Claimants exceeds 15,555, but does not exceed
      24           260,000, the Claim Amount shall be a pro rata share of the Minimum Net Proceeds plus
      25           the product of $8.84 and the number of Participating Claimants, expressed mathematically
      26           as (MNP + ($8.84 * PC-15,555)) / PC.
      27                   (c) if the number of Participating Claimants exceeds 260,000, but does not exceed
      28           650,000, the Claim Amount shall be a pro rata share of the Minimum Net Proceeds, plus
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                                            CLASS SETTLEMENT AGREEMENT
4756939.1
        1           $2,160,893.80, plus the product of $7.28 and the number of Participating Claimants in
        2           excess of 260,000, expressed mathematically as (MNP + $2,160,893.80 + ($7.28 * (PC-
        3           260,000)) / PC.

        4                   (d) if the number of Participating Claimants exceeds 650,000, the Claim Amount
        5           shall be a pro rata share of the Maximum Net Proceeds.
        6                   (e) the pro rata allocation under (b), (c), and (d) shall be based on the number of
        7           months of Sensa® purchased (up to a maximum of six months) as reported on the
        8           Participating Claimants' Claim Forms); provided, however, that the pro rata share for any
        9           Participating Claimants who report receiving a full refund shall be reduced by 90% (and
      10            the other pro rata shares shall be adjusted upward so that the aggregate payout to
      11            Participating Claimants is unaffected).
      12            2.4     "Claim Form" means and refers to a claim form substantially in the form of
      13    Exhibit 1 attached hereto and as approved by the Court. The Parties agree to the form and content
      14    of all exhibits attached to this Agreement.

      15            2.5     "Claims Administrator" means and refers to the administrator appointed to
      16    administer the settlement, as described in this Agreement.

      17            2.6     "Claims Period" means and refers the 90-day period of time following the
      18    commencement of the Notice Program during which period Settlement Class members may
      19    submit a completed Claim Form.

      20            2.7     "Court" means and refers to the Superior Court of California, County of Los
      21    Angeles.
      22           2.8      "Defendant" means and refers to Sensa Products, LLC.
      23           2.9      "Email Notice" means and refers to the email notice substantially in the form of
      24    Exhibit 2 attached hereto and approved by the Court.
      25           2.10 "Final Approval Order" means and refers to the Court's judgment and order(s)
      26    substantially in the form of Exhibit 6 attached hereto, granting final approval to the settlement and
      27    awarding attorneys' fees, costs, and expenses. This Final Approval Order shall constitute
      28
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                                             CLASS SETTLEMENT AGREEMENT
4756939.1
        1   approval pursuant to California Rules of Court 3.769(a) and a judgment pursuant to California
        2   Rules of Court 3.769(h).
        3           2.11 "Final Effective Date" means and refers to the latest of the following: (i) the date
        4   of final affirmance of the Final Approval Order following any and all appeals of such Order; (ii)
        5   the date of final dismissal with prejudice of any and all appeals from the Final Approval Order;
        6   and (iii) if no appeal is filed, the expiration date of the time for filing or noticing any valid appeal
        7   from the Final Approval Order.
        8           2.12 "Long Form Notice" means and refers to the full notice substantially in the form
        9   of Exhibit 5 attached hereto and approved by the Court.
       10           2.13 "Mail Notice" means and refers to the mail notice substantially in the form of
       11   Exhibit 3 attached hereto and approved by the Court.
       12           2.14 "Maximum Funding Obligation" means and refers to the sum of $9,000,000.
       13           2.15 "Maximum Net Proceeds" means and refers to the sum of $9,000,000, less the
       14   cost of notice and administration and less the maximum amounts stated in Sections 11.1 and 11.2.
       15

       16           2.16 "Minimum Net Proceeds" means and refers to the sum of $4,000,000, less the
       17   cost of notice and administration and less the maximum amounts stated in Sections 11.1 and 11.2.
      18            2.17 "Notice Program" means and refers to the notice procedures set forth in Section 6.
      19            2.18 "Opt Out Period" means and refers to the 45-day period of time following the
      20    commencement of the Notice Program during which period Settlement Class members may
      21    exercise the right to opt out of the Settlement Class pursuant to the provisions of Section 7.
      22            2.19 "Participating Claimants" means and refers to members of the Settlement Class
      23    who submit timely and complete Claim Forms and are eligible for benefits under this Agreement.
      24            2.20 "Parties" means and refers to Defendant and the Settlement Class.
      25            2.21 "Person" means and refers to any individual, proprietorship, corporation,
      26    partnership, association, trustee, unincorporated association, or any other type of legal entity.
      27
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                                             CLASS SETTLEMENT AGREEMENT
4756939.1
                    2.22 "Preliminary Approval Order" means and refers to the Court's order
            substantially in the form of Exhibit 7 attached hereto, granting preliminary approval of this
            Agreement following the motion referenced in Section 5.1.

                    2.23 "Published Notice" means and refers to the published notice substantially in the
            form of Exhibit 4 attached hereto and approved by the Court.

                    2.24 "Releasing Parties" means and refers to the Settlement Class and its members,
            agents, attorneys, partners, joint venturers, affiliates, predecessors, successors, spouses, heirs,

            assigns, insurers, and any other Persons or entities claiming by or through the Settlement Class, in

            their capacities as such.

                    2.25 "Released Parties" means and refers to Defendant and all other Persons.

                    2.26 "Sensa0" means and refers to the Sensa® Weight-Loss Program.

                    2.27 "Settled Claims" means and refers to any claim, liability, right, demand, suit,
            matter, obligation, lien, damage, punitive damage, exemplary damage, penalty, loss, cost, expense,

            debt, action, or cause of action, of every kind and/or nature whatsoever whether now known or

            unknown, suspected or unsuspected, asserted or unasserted, latent or patent, which any Releasing

            Party now has, or at any time ever had, regardless of legal theory or type or amount of relief or

            damages claimed, which: (i) in any way arises out of, is based on, or relates in any way to the

            design, testing, substantiation, manufacture, packaging, labeling, marketing, advertising,

            promotion, sale, purchase, billing, and/or efficacy of Sensa® and/or (ii) is asserted in the

            Complaint filed in this Action. "Settled Claims" shall not include claims for bodily injuries or

            claims arising out of purchases of Sensa® after the entry of the Preliminary Approval Order.

                    2.28 "Settlement Class" means and refers to all Persons who purchased Sensa® prior
            to the entry of the Preliminary Approval Order. Excluded from the Settlement Class are Linda

            Breeding, Melanie Gordon, Polin Mahboubian, and Shahriyar Bolandian. Also excluded from the
            Settlement Class are all Persons who properly and timely opt out pursuant to this Agreement.

                    2.29 "Settlement Class Counsel" means and refers to Bursor & Fisher, P.A. and
            Milberg LLP.


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                                              CLASS SETTLEMENT AGREEMENT
4756939.1
            1           2.30 "Settlement Class Representatives" means and refers to Jeannette McClendon,
        2       Angela Cordova, Angie Cruz, and Andrea Gladstone.
        3               2.31 "Settlement Fund" means and refers to the financial institution account
        4       established to hold all proceeds that are available to provide the benefits under this Agreement.
        5               2.32 "Settlement Orders" means and refers to the orders entered to implement the
        6       terms of this Agreement, including, but not limited to, the Preliminary Approval Order and the
        7       Final Approval Order.
        8       3. SETTLEMENT PURPOSES ONLY
        9               3.1     General. This Agreement is for settlement purposes only.
       10               3.2     No Admissions. This Agreement, any negotiations, proceedings, documents or
       11       anything else related to this Settlement Agreement, its implementation, or its judicial approval (as
       12       well as the fact of this Settlement and any acts or documents related to the Settlement or its
       13       implementation) shall not be construed as, or deemed to be evidence of, any admission or
       14       concession by any of the parties regarding the claims in dispute. By entering into this Settlement
       15       Agreement, it is understood that the Released Persons do not admit and expressly deny that they
       16       have breached any duty, obligation, or agreement; deny that they have engaged in any illegal,
       17       tortious, or wrongful activity; deny that they are liable to any member of the Settlement Class or
       18       any other Person; and/or deny that any damages have been sustained by any member of the
       19       Settlement Class or by any other Person in any way arising out of or relating to Defendant's
      20        conduct. This Settlement Agreement, any negotiations, proceedings, documents or anything else
      21        related to this Settlement Agreement, its implementation, or its judicial approval (as well as the
      22        fact of this Settlement and any acts or documents related to the Settlement or its implementation)
      23        shall not be construed as, or deemed to be evidence of, any admission or concession by any of the
      24        parties or any other Person regarding any matter, including, without limitation, the absence or
      25        presence of liability, the absence or presence of damage, or the propriety or impropriety of class
      26        treatment.
      27               3.3     Permissible Uses Of Settlement Agreement/Fact Of Settlement. This
      28        Agreement, any negotiations, proceedings, or documents related to the Agreement, its
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                                                 CLASS SETTLEMENT AGREEMENT
4756939.1
        1   implementation, or its judicial approval (as well as the fact of this Agreement and any acts or
        2   documents related to the Agreement or its implementation) cannot be asserted or used by any
        3   Person to support a contention that class certification is proper or improper or that liability does or
        4   does not exist, or for any other reason, in the above-captioned action or in any other proceedings;
        5   provided, however, that (a) Settlement Class members, Settlement Class Counsel, Defendant,
        6   other released Persons, and any Person who is the beneficiary of a release set forth herein, may
        7   reference and file this Agreement, and any resulting Order or Judgment, with the Court, or any
        8   other tribunal or proceeding, in connection with the implementation or enforcement of its terms
        9   (including but not limited to the releases granted therein, or any dispute related thereto). Nothing
      10    in this Agreement, nor in any court order approving this Agreement, shall be construed as an
      11    endorsement of Sensa®.
      12            3.4     Limited Public Comment; Non-Disparagement. Settlement Class Counsel,
      13    Defense Counsel, and Defendant shall not issue any public statement, comment, or promotional
      14    material that references the existence or terms of the Agreement or litigation against Defendant;
      15    provided, however, that Settlement Class Counsel and Defense Counsel are permitted, in
      16    connection with their law firm websites, bios, brochures, and other similar marketing materials,
      17    future declarations regarding counsel experience, and/or in speaker biographies, to state that they
      18    served as counsel in a lawsuit against Sensa Products, LLC and to include the amount of the
      19    settlement. If Settlement Class Counsel and/or Defendant or Defense Counsel receive a media
      20    inquiry, they may decline to comment, refer to the class notice, make accurate statements
      21    regarding the terms of the settlement (and the status of the approval process), and/or defer to the
      22    Court file, but they shall not provide any further comment. Settlement Class Counsel and their co-
      23    counsel shall not publicly or privately disparage (or cause or encourage others to disparage)
      24    Defendant, Sensak, or Dr. Hirsch in any way or manner whatsoever. Likewise, Defendant and its
      25    counsel shall not publicly or privately disparage (or cause or encourage other to disparage) the
      26    Settlement Class Representatives, Settlement Class Counsel, or this settlement.
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                                             CLASS SETTLEMENT AGREEMENT
4756939.1
            4.     JURISDICTION
                    4.1    Continuing Jurisdiction. To the full extent under California law, the Court has,
            and shall continue to have, jurisdiction to make any orders as may be appropriate to effectuate,

            consummate, and enforce the terms of this Agreement, to approve awards of attorneys' fees and
            costs pursuant hereto, and to supervise the administration of this Agreement. Except for those

            matters specifically identified in this Agreement as being subjects for decision by the Claims

            Administrator, and any other claims-related matters which Settlement Class Counsel and

            Defendant later agree in writing to refer to the Claims Administrator, any dispute or question

            relating to or concerning the interpretation, enforcement, or application of this Agreement shall be

            presented to the Court for resolution.

            5.     COURT APPROVAL OF THE SETTLEMENT
                    5.1    Preliminary Approval. After execution of this Agreement, Settlement Class

            Counsel shall move the Court for an order granting preliminary approval of this Agreement and
            approval of the proposed Notice Program. In connection therewith, Settlement Class Counsel

            shall submit to the Court a mutually-acceptable proposed Preliminary Approval Order.

                    5.2 Class Notice Period. Subject to Court approval, Settlement Class members shall
            have 45 days from the commencement of the Notice Program pursuant to Sections 6.1 to file and
            serve objections to this Agreement.

                    5.3    Opt Out Period. Subject to Court approval, Settlement Class members shall have
            45 days from the commencement of the Notice Program pursuant to Sections 6.1 to opt out of the

            Settlement Class and this Agreement.

                    5.4    Final Approval. After the expiration of the Opt Out Period, if the Agreement has
            not been terminated in accordance with Section 8, Settlement Class Counsel shall move the Court

            for final approval of this Agreement. In connection therewith, Settlement Class Counsel shall
            submit to the Court a mutually-acceptable proposed Final Approval Order. The Parties will jointly
            seek to schedule a final approval hearing that is approximately 30 days following the expiration of
            the Opt Out Period.


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                                             CLASS SETTLEMENT AGREEMENT
4756939.1
            6.     CLASS NOTICE PROCEDURES

                   6.1     Email And Mail Notice. Within 15 days after the entry of the Preliminary
            Approval Order, Defendant shall submit to the Claims Administrator or their designated agent, the

            name and email address (or mailing address if the email address is not available) of each known

            Settlement Class member. Within 7 days after receipt of this information, the Claims

            Administrator and/or its designee shall run a national change of address update on each mailing

            address. The Claims Administrator shall then send the Email Notice (or, where necessary, the
            Mail Notice) to each known Settlement Class Member. The Claims Administrator shall notify

            Settlement Class Counsel and Defendant as to the number of emails that are undeliverable. The

            Claims Administrator shall submit to Defendant a list of Settlement Class members whose Email

            Notice "bounces back" as undeliverable. Defendant shall promptly determine whether it has

            mailing addresses for any of these individuals and shall provide such addresses to the Claims

            Administrator, who shall send the Mail Notice to those addresses. The Claims Administrator shall

            notify Settlement Class Counsel and Defendant as to the number of notices mailed to individuals

            whose email notices bounced back as undeliverable. The Claims Administrator shall also submit

            to Settlement Class Counsel and Defendant copies of email, mail, or fax correspondence received

            from Settlement Class members.

                    6.2    Publication Notice. Promptly after entry of the Preliminary Approval Order, the
            Claims Administrator or its designee shall commence publishing the Published Notice in People

            Magazine (one-third page).

                    6.3    Cost Of The Notice Program. The cost of Notice Program shall be paid from the
            settlement proceeds.

                    6.4    Records Of Notice. The Claims Administrator shall keep records of all notices
            and the cost thereof. Promptly upon request, the Claims Administrator shall provide a sworn

            proof of mailing.

            7.     RIGHT OF EXCLUSION
                    7.1    Procedure. Settlement Class members may opt out of the Settlement Class at any
            time during the Opt Out Period. To exercise the opt out right set forth in this Section, a Settlement
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                                            CLASS SETTLEMENT AGREEMENT
4756939.1
            Class member must send to the Claims Administrator a written request to exclude himself or

            herself from this Agreement, which request should contain the Settlement Class member's name,

            address, and telephone number. Such request for exclusion must be postmarked or received by the
            Claims Administrator before the end of the Opt Out Period. All Settlement Class members who

            do not opt out in accordance with this Agreement during the Opt Out Period will be deemed

            Settlement Class members for all purposes under this Agreement. Any Person who timely opts

            out shall no longer be a Settlement Class member, is not entitled to object to the approval of this

            Agreement, and is not entitled to any relief under and is not affected by this Agreement.

                    7.2    Withdrawal Of Election To Opt Out. Prior to the entry of the Final Approval
            Order, any Person who has elected to opt out may withdraw that election by notifying the Claims

            Administrator in writing that he or she wishes to be a member of the Settlement Class. The

            Claims Administrator shall maintain records of all withdrawn opt outs, and shall provide such

            information to the Parties and to the Court. At any time after the entry of the Final Approval
            Order, any Person who has elected to opt out of this Agreement may withdraw that election only

            upon receiving the written consent of Defendant and Court approval.

                    7.3    Multiple Purchases. A Person who purchased Sensa® more than once may
            exercise his or her election to opt out of the Settlement Class only by doing so with respect to all

            such purchases.
            8. SETTLEMENT TERMINATION

                    8.1    Termination Prior To The Final Effective Date. If any court does not approve
            and/or does not honor this Agreement and/or denies the parties' motion to enter all of the

            Settlement Orders in a form agreeable to the Parties, Settlement Class Counsel and/or Defendant

            shall have the right to terminate this Agreement as set forth in Section 8.5.

                    8.2       Termination After Opt Out Period. If more than 2,500 Persons opt out of this
            Agreement, Defendant shall have the right to terminate this Agreement as set forth in Section 8.5.

                    8.3       Termination After Appeal. If a court declares unenforceable, reverses, vacates,
            or modifies on appeal in what Settlement Class Counsel and/or Defendant determines to be a


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                                              CLASS SETTLEMENT AGREEMENT
4756939.1
            material way any aspect of this Agreement, Settlement Class Counsel and/or Defendant may

            terminate this Agreement as set forth in Section 8.5.

                    8.4     Additional Right Of Termination. If Settlement Class Counsel or their co-
            counsel violate Section 3.4, they shall, upon notice from Defendant, immediately cease the

            violative conduct and take good faith efforts to eliminate or mitigate any potential harm to the

            beneficiaries set forth in Section 3 (and provide proof of their efforts to Defendant). If the
            violation of Section 3.4 prejudices any of these beneficiaries, as specified in writing, then, after a

            15-day period during which it will attempt in good faith to resolve the issue with Settlement Class
            counsel, including participating in a mediation session with the Hon. Peter Lichtman or other

            mutually-agreeable mediator (to the extent it can be scheduled within the 15-day period),

            Defendant may terminate this Agreement as set forth in Section 8.5; provided, however, that the

            15-day period shall be shortened or eliminated to the extent necessary to permit Defendant to

            exercise this option prior to the deadline set forth in Section 8.5.

                    8.5     Termination Procedure And Effect. Any Party who elects to terminate this
            Agreement may do so by giving written notice to the other Party's counsel and to the Settlement

            Administrator. Notice of termination pursuant to Sections 8.1 or 8.3 must be given prior to the

            Final Effective Date. Notice of termination pursuant to Section 8.2 must be given within 60 days

            after the expiration of the Opt Out Period, or prior to the Final Approval hearing, whichever is
            earlier. Notice of termination pursuant to Section 8.4 must be given prior to the distribution of
            checks to Participating Claimants pursuant to Section 10.11. However, Settlement Class Counsel

            and Defendant may agree in writing to extend these deadlines. If any Party terminates this

            Agreement pursuant to Sections 8.1, 8.2, 8.3, and 8.4, the termination shall void all of the rights,

            obligations, and releases under this Agreement, except for Sections 3.1, 3.2, 3.3 and those
            provisions of this Agreement that are necessary to effectuate the termination. Within 30 days after

            a notice of termination is mailed, the Claims Administrator shall return all settlement payments
            made prior to such withdrawal (inclusive of interest and exclusive of notice and administration

            costs already expended). If this Agreement is terminated before Defendant deposits sufficient
            funds to cover notice and administrative costs already expended, Defendant shall send to the
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                                              CLASS SETTLEMENT AGREEMENT
4756939.1
            Claims Administrator an amount sufficient to cover the foregoing items within 30 calendar days

            after receipt of the Claims Administrator's schedule of the amounts due. If this Agreement is
            terminated after the Claims Administrator has paid any or all of the award(s) for Settlement Class

            Counsel Fees, Settlement Class Counsel Costs, and/or the incentive payments for the Settlement

            Class Representatives, the recipients of those payments shall return the full amount of such

            payments to the Claims Administrator within 10 calendar days after notice of withdrawal, and the

            Claims Administrator shall then promptly return such funds to Defendant.

            9.      SETTLEMENT FUNDING

                    9.1     Funding For Initial Costs Of Notice And Administration Upon Preliminary

            Approval. Within 15 calendar days after the entry of the Preliminary Approval Order, Defendant
            shall wire to the Claims Administrator the sum of $250,000 for the initial notice and
            administration expenses that are likely to be incurred. This deadline may be extended by mutual

            consent of the Parties.

                    9.2     Funding For Payment Of Attorneys' Fees, Costs, and Expenses and For

            Incentive Awards. Funding for the payment of attorneys' fees, costs, and expenses, and for
            payment of the Class Representative incentive awards shall be made by Defendant in accordance

            with Section 11. This deadline may be extended by mutual consent of the Parties.

                    9.3 Funding For Distribution Of Class Benefits. Within 30 days after the resolution
            of any objections pursuant to Section 10.10, Defendant shall wire to the Claims Administrator the

            sum necessary to pay the class benefits to Participating Claimants.

                    9.4     Interest On The Settlement Fund. All interest generated by the monies in the
            Settlement Fund shall be deemed and credited as a payment by Defendant.

                    9.5     Maximum Funding. The maximum funding obligation under this Agreement is
            $9,000,000, and all payments made pursuant to the provisions of Sections 6 and 9 shall be deemed

            and credited as a payment by Defendant toward this maximum amount.

            10.     DISTRIBUTION OF CLASS BENEFITS
                    10.1 Claims Administrator. Subject to Court approval, Garden City Group shall be the
            Claims Administrator. The Claims Administrator shall have the sole authority to administer the
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4756939.1
            settlement. The Claims Administrator shall carry out its duties in strict accordance with the

            procedures set forth in this Agreement, and any Party may move the Court to compel such

            compliance.

                   10.2 Maintenance Of Records. The Settlement Administrator shall maintain complete,
            accurate, and detailed records regarding the administration of the Settlement Fund.

                   10.3 Settlement Fund Costs. All reasonable and necessary costs of administering the
            settlement shall be paid out of the Settlement Fund.

                   10.4 Submission Of Claims. At any time prior to the expiration of the Claims Period,
            members of the Settlement Class may submit a Claim Form to the Claims Administrator pursuant

            to the directions on the Claim Form.

                   10.5 Collection Of Claims. The Claims Administrator shall collect and log the Claim
            Forms postmarked and/or received on or before expiration of the Claims Period.

                   10.6 Evaluation Of Claims. Within 20 days after the Final Effective Date, the Claims
            Administrator shall determine whether each collected Claim Form is properly completed. If a
            Claim Form is not complete, the Claims Administrator shall provide a written notice to the

            claimant, in a form agreeable to the Parties. Any submission to cure any deficiency shall be

            submitted within 30 calendar days of the date of the notice from the Claims Administrator. To

            avoid unreasonable delays for those who submit fully completed Claim Forms, the Claims
            Administrator shall deny any incomplete claims that are not fully cured during this 30-day period.

                   10.7 Determination Of Benefits. Within 20 days after the completion of the evaluation
            described in Section 10.6 (including evaluation of attempts to cure deficiencies), the Claims

            Administrator shall determine each Participating Claimant's Claim Amount in accordance with the

            formulas stated in Section 2.3.
                   10.8 Notification Of Proposed Benefits. The Claims Administrator shall promptly
            report its determination of the number of Participating Claimants and the calculation of the Claim
            Amount, pursuant to Section 10.7, to Settlement Class Counsel and to Defendant.




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4756939.1
                   10.9 Objections To The Proposed Benefits. Settlement Class Counsel and Defendant
            shall have 20 calendar days from receipt of the report referenced in Section 10.8 to notify the
            Claims Administrator in writing of any errors in the calculation of the proposed benefits.

                   10.10 Resolutions Of Objections. If the Settlement Administrator receives timely
            objections to any proposed benefit, the Settlement Administrator shall consider the objections and

            attempt to resolve the objections between the Parties.

                   10.11 Distribution Of Individual Benefits To Participating Claimants. If no
            objections are timely made, or when such objections are resolved, the Claims Administrator shall

            promptly distribute, by check, the Claim Amount for each Participating Claimant.

                   10.12 Uncashed Checks. If any of the checks to Participating Claimants remain
            uncashed as of a 180-day stale date, the Claims Administrator shall stop payment on such checks,

            deduct any unpaid notice and administration costs, and distribute the remainder to Defendant.

                   10.13 Maintenance Of Records. The Claims Administrator shall maintain complete,
            accurate, and detailed records regarding the administration of the Settlement Fund, including but

            not limited to: all Claim Forms submitted; any objection to proposed benefits and the resolution

            thereof; and any and all receipts by and disbursements from the Settlement Fund. The Claims

            Administrator shall make such records available to counsel for the Parties or to their designee

            upon reasonable request and at reasonable times. Upon request, the Claims Administrator shall

            provide such records to Defendant in an electronic format designated by Defendant. The Claims

            Administrator shall maintain all records for a period of not less than one year following the Final

            Effective Date.
            11. ATTORNEYS' FEES AND INCENTIVE PAYMENTS

                    11.1 Attorneys' Fees, Costs, and Expenses. In connection with the motion for final
            approval, Settlement Class Counsel shall submit a request for approval of an award of attorneys'
            fees, costs, and expenses of up to a total aggregate sum of $3,000,000 to compensate Bursor &

            Fisher, P.A., Milberg LLP, and Desai Law Firm, P.C. for their work on behalf of the Settlement
            Class. Settlement Class Counsel agree they will not seek attorneys' fees, costs, and expenses in

            excess of this sum. Notwithstanding any appeal of the Final Approval Order, the Claims
                                                          15
                                             CLASS SETTLEMENT AGREEMENT
4756939.1
            Administrator shall wire the awarded attorneys' fees, costs, and expenses (up to $3,000,000) to

            Bursor & Fisher, P.A. (as agent for Settlement Class Counsel for distribution to and among Bursor

            & Fisher, P.A., Milberg LLP, and Desai Law Firm, P.C.) on January 15, 2013 or the fifth business

            day following the Court's entry of both the Final Approval Order and the Stipulated Undertaking
            attached hereto as Exhibit 8, whichever is later. The allocation of these attorneys' fees, costs, and

            expenses awarded among the three firms shall be determined by Settlement Class Counsel.

                       11.2 Incentive Payments To Settlement Class Representatives. In connection with
            the motion for final approval, Settlement Class Counsel shall submit a request to the Court seeking

            approval for an award of an incentive payment to each of the Settlement Class Representatives of

            up to $2,500. Notwithstanding any appeal of the Final Approval Order, the Claims Administrator

            shall mail the incentive award checks to the Settlement Class Representatives (care of their

            counsel) on January 15, 2013 or the fifth business day following the Court's entry of both the

            Final Approval Order and the Stipulated Undertaking attached hereto as Exhibit 8, whichever is

            later.

                       11.3 Miscellaneous. Except as provided herein, each Settlement Class member shall
            bear his/her/its own attorneys' fees, costs, and expenses incurred in connection with any claim

            against Defendant.

            12.        FINAL ACCOUNTING

                       12.1 Final Accounting. By no later than 60 days after the distribution of all class

            benefits pursuant to this Agreement or 60 days after the Settlement Termination Date, whichever
            occurs first, the Parties shall file with the Court a summary report regarding the administration of

            the settlement.

            13.        RELEASE

                       13.1 Class Release. Except for the obligations and rights created by this Agreement,
            the Releasing Parties hereby release and absolutely and forever discharge Defendant and all
            Released Parties from any and all Settled Claims. The Final Approval Order shall include this
            release.


                                                              16
                                              CLASS SETTLEMENT AGREEMENT
4756939.1
                    13.2 Civil Code Section 1542. To the fullest extent permitted by law, the Releasing
            Parties waive and relinquish any and all rights or benefits they have or may have under California
            Civil Code Section 1542, or any comparable provision of state or federal law, with regard to the

            Settled Claims. California Civil Code Section 1542 provides:
                           A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
                           WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
                           EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
                           THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
                           HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
                           WITH THE DEBTOR.
            The Releasing Parties acknowledge that they are aware that they or their attorneys may hereafter
            discover claims or facts in addition to or different from those now known or believed to be true

            with respect to the subject matter of this Agreement and/or the Settled Claims. The Releasing

            Parties acknowledge that they intend to and do fully, finally, and forever settle and release any and

            all Settled Claims described herein, whether known or unknown, suspected or unsuspected, which

            now exist, hereinafter may exist, or heretofore may have existed. In furtherance of this intention,

            the releases contained in this Agreement shall be and remain in effect as full and complete releases

            of the Settled Claims by the Releasing Parties without regard to the subsequent discovery or

            existence of such different or additional claims or facts.

                    13.3 Release Of The Settlement Class And Settlement Class Counsel. Except for the
            obligations and rights created by this Agreement, Defendant hereby releases and absolutely and

            forever discharges the members of the Settlement Class and Settlement Class Counsel of and from
            any and all claims relating to the commencement or prosecution of this Action.

            14. NOTICES
                    14.1 Designated Recipients. Unless otherwise specified in this Agreement or agreed to
            in writing by the party receiving such communication, all notices, requests, or other required
            communications hereunder shall be in writing and shall be sent by one of the following methods:

            (i) by registered or certified, first class mail, postage prepaid; or (ii) by personal delivery
            (including by Federal Express or other courier service). All such communications shall be sent to

            the undersigned persons at their respective addresses as set forth herein.

                                                               17
                                              CLASS SETTLEMENT AGREEMENT
4756939.1
       1                                 Settlement Class Counsel:
                                         Scott A. Bursor
       2                                 L. Timothy Fisher
                                         Bursor & Fisher, P.A.
       3
                                         1990 N. California Boulevard, Suite 940
       4                                 Walnut Creek, California 94596

       5                                 Jeff S. Westerman
                                         Milberg LLP
       6                                 300 S. Grand Avenue, Suite 3900
                                         Los Angeles, California 90071
       7

       8                                 Defendant:
                                         Jeffrey L. Richardson
       9                                 Seth E. Pierce
                                         Mitchell Silberberg & Knupp LLP
      10                                 11377 West Olympic Boulevard
                                         Los Angeles, California 90064
      11
      12
                     Notice shall be deemed effective when signed for or when delivery is refused.
      13
                     14.2 Changes In Designated Recipients. Any Party may re-designate the Person to
      14
            receive notices, requests, demands, or other communications required or permitted by this
      15
            Agreement by providing written notice to the other Party, the Claims Administrator, and the
      16
            Court.
      17
            15. MISCELLANEOUS
      18
                     15.1 Entire Agreement. This Agreement supersedes and replaces any and all other
      19
            prior agreements and all negotiations leading up to the execution of this Agreement, whether oral
      20
            or in writing, between the Parties with respect to the subject matter hereof. The Parties
      21
            acknowledge that no representations, inducements, promises, or statements, oral or otherwise,
      22
            have been made or relied upon by any of the Parties or by anyone acting on behalf of the Parties
      23
            which are not embodied or incorporated by reference herein, and further agree that no other
      24
            covenant, representation, inducement, promise, or statement not set forth in writing in this
      25
            Agreement shall be valid or binding.
      26
                     15.2 Modification Or Amendment. This Agreement may not be modified or amended
      27
            except in a writing signed by the Settlement Class Representatives and Defendant, and, if after the
      28
                                                             18
                                             CLASS SETTLEMENT AGREEMENT
4756939.1
            entry of the Preliminary Approval Order, the written modification must also be approved by the

            Court.

                     15.3 Execution In Counterparts. This Agreement may be executed in one or more
            counterparts, each of which shall be deemed an original.

                     15.4 Authority Of Counsel. Settlement Class Counsel is authorized by the members of
            the Settlement Class, and by the Court, to take all appropriate action required and permitted to be

            taken by the Settlement Class pursuant to this Agreement to effectuate its terms.

                     15.5 Headings. The headings of the sections, paragraphs, and subparagraphs of this
            Agreement are included for convenience only and shall not be deemed to constitute part of this

            Agreement or to affect its construction.

                     15.6 Liens. The Released Parties shall have no obligation to pay or otherwise resolve
            any liens that are or may be asserted against settlement payments to Settlement Class members

            pursuant to the terms of this Agreement. In the event any such lien is asserted, it is the

            responsibility of the Settlement Class member to pay, compromise, or otherwise resolve the lien at

            no cost to Defendant or the Settlement Fund.

                     15.7 Further Acts. The Parties shall perform such further acts and execute such further
            documents as may be reasonably necessa*ry or appropriate to effectuate the terms and purposes of

            this Agreement.

                     15.8 Heirs, Successors, And Assignees. This Agreement shall be binding upon and
            shall inure to the benefit of the Parties' heirs, successors, and assignees.

                     15.9 Choice Of Law. This Agreement in all respects shall be interpreted, enforced, and
            governed by and under the laws of the State of California applicable to instruments, persons, and
            transactions which have legal contacts and relationships solely within the State of California. Any

            action pertaining to the terms of this Agreement shall be filed in the Superior Court for the County

            of Los Angeles.
                     15.10 Warranty Re Advice. Settlement Class Counsel warrants that the Settlement
            Class Representatives have been fully advised of and agree to the terms of this Agreement. The

            Parties hereby acknowledge that they have been represented by independent legal counsel
                                                           19
                                              CLASS SETTLEMENT AGREEMENT
4756939.1
       I   throughout all negotiations which preceded the execution of this A greement, and that this
       2   Agreement has been executed with the consent and on the advice of said counsel.
       3            15.11 Stipulated Intervention. The Parties will execute the stipulation substantiall y in
       4   the form of Exhibit 9, hereto,
       5   AGREED TO AND ACCEPTED.
       6
           Dated:
       7                                                         nette McClendon
                                                            Settlement Class Representative
       8
           Dated:                                   By :
       9                                                    Angela Cordova
                                                            Settlement Class Representative
      10
           Dated:                                   By:
      11                                                    Angie Cruz
                                                            Settlement Class Representative
      12
           Dated:                                   By:
      13                                                   Andrea Gladstone
                                                           Settlement Class Representative
      14
      15                                            SENSA PRODUCTS. LLC
      16   Dated:                                   By :
                                                           Name:
      17                                                   Title:
      18
      19   APPROVED AS TO FORM
     20    Dated:                                   BURSOR & FISHER, P.A.
     21
                                                    By :
     22                                                    L, Timothy Fisher
                                                           Attorneys For Settlement Class
     23
     24
     25
     26
     27

     28
                                                         20
                                            CLASS SETTLEMENT AGREEMENT
475039,1
                     throughout all negotiations which preceded the execution of this Agreement, and that this
             2 Agreement has been executed with the consent and on the advice of said counsel.

             3                15.1I Stipulated Intervention. The Parties will execute the stipulation substantially in
             4 the form of Exhibit 9, hereto.
             5 AGREED TO AND ACCEPTED,
             6
                     Dated:                                   By:
             7                                                       Jeannette McClendon
                                                                     Settlement Cl Representative
             S   .


                     Dated:     (8       •2)                  By:
             9                                                        Angela C ova
                                                                      Settlemen Class Representative
         la
                     Dated:                                   By:
         II                                                           Angie Cruz
                                                                      Settlement Class Representative
         12
                     Dated:                                   By:
         13                                                           Andrea Gladstone
                                                                      Settlement Class Representative
         14
         15                                                   SENSA PRODUCTS LLC
         16 Dated:                                            By:
                                                                     Name:
         17
         18
         19 APPROVED AS TO FORM
        20 Dated:                                             BURSOR & FISHER, P.A.
        21
                                                              By:
        22                                                           L. Timothy Fisher
                                                                     Attorneys For Settlement Class
        23
        24
        25
        26

        27
       28

4756939, 1                                                          20
                                                    CLASS SETTLEMENT AGREEMENT
            throughout all negotiations which preceded the execution of this Agreement, and that this
       2    Agreement has been executed with the consent and on the advice of said counsel.
       3             15.11 Stipulated Intervention. The Parties will execute the stipulation substantially in
       4    the form of Exhibit 9, hereto.
       5    AGREED TO AND ACCEPTED.
       6
            Dated:                                   By:
       7                                                    Jeannette McClendon
                                                            Settlement Class Representative
       8
            Dated:                                   By:
       9                                                     Angela Cordova
                                                             Settlement Class Representative
      10                                                                             ,1
                                                     By:    i. A; 11 (._ '                .---,
      11                                                     Angie Criz
                                                             Settlement Class Representative
      12
            Dated:                                   By:
      13                                                    Andrea Gladstone
                                                            Settlement Class Representative
      14
      15                                             SENSA PRODUCTS, LLC
      16    Dated:                                   By:
                                                            Name:
      17                                                    Title:
      18
      19    APPROVED AS TO FORM
      20    Dated:                                   BURSOR & FISHER, P.A.
      21
                                                     By:
      22                                                    L. Timothy Fisher
                                                            Attorneys For Settlement Class
      23
      24
      25
      26
      27
      28
                                                            20
                                             CLASS SETTLEMENT AGREEMENT
4756939.1
            throughout all negotiations which preceded the execution of this Agreement, and that this
        2   Agreement has been executed with the consent and on the advice of said counsel.

        3            15.11 Stipulated Intervention. The Parties will execute the stipulation substantially in
            the form of Exhibit 9, hereto.

        5   AGREED TO AND ACCEPTED.
        6
            Dated:                                   By:
                                                            Jeannette McClendon
                                                            Settlement Class Representative
        8
            Dated:                                   By:
        9                                                   Angela Cordova
                                                            Settlement Class Representative
       10
            Dated:                                   By:
       11                                                   Angie Cruz
                                                            Settlement Class Representative
       12                  2:7
            Dated:                                   By:
       13                                                   Andrea Gladstone
                                                            Settlement Class Representative
       14
       15                                            SENSA PRODUCTS. LLC
       16   Dated:                                   By:
                                                            Name:
       17                                                   Title:
       18
       19   APPROVED AS TO FORM
      20    Dated:                                   BURSOR & FISHER, RA.
      21
                                                     By:
      22                                                    L. Timothy Fisher
                                                            Attorneys For Settlement Class
      23
      24
      25
      26

      27
      28
                                                           20
                                             CLASS SETTLEMENT AGREEMENT
4756939.1
            throughout all negotiations which preceded the execution of this Agreement, and that this
       2    Agreement has been executed with the consent and on the advice of said counsel.
       3             15.11 Stipulated Intervention. The Parties will execute the stipulation substantially in

      4     the form of Exhibit 9, hereto.
       5    AGREED TO AND ACCEPTED.
       6
            Dated:                                   By:
       7                                                     Jeannette McClendon
                                                             Settlement Class Representative
       8
            Dated:                                   By:
       9                                                     Angela Cordova
                                                             Settlement Class Representative
      10
            Dated:                                   By:
      11                                                     Angie Cruz
                                                             Settlement Class Reoresentative
      12
            Dated:                                   By:
      13                                                     Andrea Gladstone
                                                             Settlement Class Representative
      14
      15
      16    Dated:
      17
      18
      19    APPROVED AS TO FORM
      20    Dated:                                   BURSOR & FISHER, P.A.
      21
                                                     By:
      22                                                     L. Timothy Fisher
                                                             Attorneys For Settlement Class
      23
      24
      25
      26
      27
      28
                                                            20
                                             CLASS SETTLEMENT AGREEMENT
4756939.1
            throughout all negotiations which preceded the execution of this Agreement, and that this
            Agreement has been executed with the consent and on the advice of said counsel.
                     15.11 Stipulated Intervention. The Parties will execute the stipulation substantially in
            the form of Exhibit 9, hereto.
            AGREED TO AND ACCEPTED.

            Dated:                                   By:
                                                            Jeannette McClendon
                                                            Settlement Class Representative
            Dated:                                   By:
                                                            Angela Cordova
                                                            Settlement Class Representative
            Dated:                                   By:
                                                            Angie Cruz
                                                            Settlement Class Representative
            Dated:                                   By:
                                                             Andrea Gladstone
                                                             Settlement Class Representative

                                                     SENSA PRODUCTS. LLC
            Dated:                                   By:
                                                            Name:
                                                            Title:


            APPROVED AS TO FORM
            Dated:                                   BURSOR 25„FIER, P.A.

                                                     By:
                                                            I:Timothy Fish
                                                            Attorneys For Stttlement Class




                                                            20
                                             CLASS SETTLEMENT AGREEMENT
4756939.1
            Dated:         MILBERG LL

       2
                                                                       -4
                           By-
       3
                                 Jeff S esterman
       4                         Attorneys For Settlement Class

       5    Dated:         MITCHELL SILBERBERG & ICNUPP LLP

       6                   By:
                                 Jeffrey L. Richardson
       7                         Attorneys for Defendant Sensa Products. LLC
       8
       9
      10
      11
      12
      13
      14
      15
      16
      17
      18
      19
      20
      21
      22
      23
      24
      25
      26
      27
      28
                                 21
                     CLASS SETTLEMENT AGREEMENT
4756939.1
        1   Dated:                    MILBERG LLP
        2
                                      By:
        3
                                            Jeff S. Westerman
        4                                   Attorneys For Settlement Class

        5   Dated:   .?-/30/,         MITCHEIS.ILBER               KNUPP LLP

        6
                                      By:        /
                                             - rt L. Richardson
        7
                                            Attorneys for Defendant Sensa Products, LLC
        8

        9

       10
       11

       12

      13
      14

      15

      16
      17

      18
      19

      20
      21

      22

      23

      24
      25

      26
      27

      28
                                            21
                                CLASS SETTLEMENT AGREEMENT
4756939.1
Exhibit 1
    MUST BE
 POSTMARKED ON
                                             Correa v. Sensa Products, LLC
                                                        c/o GCG
                                                                                                                  SSA
   OR BEFORE
  MOOD( XX, 2012
                                                     P.O. Box 9831
                                                Dublin, OH 43017-5731
                                               Toll-Free: (877) 691-8518
                                                                                             I II       I 11 1 I 11111

 Purchaser ID #:

 Name:

 Address:



 City:                              State:        Zip:




                                                     Claim Form

Subject to the terms of the Settlement Agreement, and pending final approval by the Court, to receive any benefits of
this Settlement, please provide the information described below and return this form by Date )0(, 2012. If you
received an email or mailed notice with a Purchaser ID number, you may file online at www.tobedetermined.com . If you
do not have a Purchaser ID Number, please complete this form and return it by mail to the above address.



Where did you purchase Sensae? Check all that apply.

0 Walmart       U GNC        U TrySensa.com        0 Grocery Store       0 Costco       U Infomercial     0 Drug Store

Did you ever receive a full refund for your purchase(s) of Sensae?        U Yes       U No



I swear under penalty of perjury under the laws of the United States that all of the information provided on this claim
form is true and correct to the best of my knowledge.

I understand that, by submitting this claim form, upon Final Approval by the Court, I will be deemed to have given a
complete release of all settled claims.




Signature:                                                                                Date:

REVIEW AND DETERMINATION OF CLAIMS: The Claims Administrator will review all claim forms that are
postmarked on or before [DEADLINE]. Claim forms that are not timely submitted will be rejected. Invalid claim forms
and illegible claim forms may be rejected. The Claims Administrator is entitled to confirm information supplied in claim
forms to determine eligibility. Visit www.tobedetermined.com for further information on the Settlement.




                   QUESTIONS? VISIT VWWV.                .COM OR CALL TOLL-FREE 1(877) 691-8518
Exhibit 2
                                                                                      LEGAL NOTICE


                                        If you bought Sensa , you could get a payment from a settlement.

            A settlement has been proposed in a class action challenging certain advertising claims about the
         Sensa® Weight Loss System ("Sensa 8"). The Los Angeles Superior Court authorized this notice and will
         decide whether to approve the settlement.

           WHO'S INCLUDED? The settlement includes the approximately 2,600,000 persons who purchased
         Sensa® prior to       2012 (except Linda Breeding, Melanie Gordon, Polin Mahboubian, and
         Shahriyar Bolandian).

             WHAT IS THE CASE ABOUT? This lawsuit is about Sensa 's advertising. Plaintiffs allege that
         Defendant did not have a sufficient scientific basis for certain of its marketing claims. Defendant
         disputes these allegations and contends that its marketing claims are substantiated by three product
         studies and a significant body of scientific research regarding neurology and the science of smell and
         taste. The parties reached an agreement to avoid the time and expense of litigation.

            WHAT DOES THE SETTLEMENT PROVIDE? If approved, the proposed settlement will
         provide up to $6,000,000 for notice/administration costs, class representative payments, and cash
         benefits to class members who submit a claim and up to $3,000,000 in fees and costs for the lawyers
         who represented the settlement class.

            HOW DO YOU ASK FOR A PAYMENT? To qualify for a payment, visit www.tbd.com for
         directions on how to submit a claim form. The deadline is Month 00, 0000. You may receive a payment
         based on, among other things, how many of the approximately 2,600,000 class members submit a timely
         and valid claim.

             WHAT ARE YOUR OTHER OPTIONS? You may exclude yourself from the settlement or object
         to it by sending a letter to the Claims Administrator at [address] by Month 00, 0000. The settlement and
         judgment, whether favorable or not, will bind you if you do not request exclusion. If you do not request
         exclusion, you may, if you desire, enter an appearance through counsel. If you do object, you may still
         file a claim. The more detailed notice available at www.tbd.com explains these options in more detail.

             The Court will hold a hearing in this case (Correa, et al. v. Sensa Products, LLC, Case No.
         BC476808) on Month 00, 0000, to consider whether to approve the settlement and the request for
         attorney' fees and costs by settlement class counsel. You may ask to appear at the hearing, but you do
         not have to. For more information, visit www.tbd.com .

         The Los Angeles Superior Court has ordered this email to be sent. If you wish to UNSUBSCRIBE from future email messages from the Settlement Administrator with regard to this Settlement,
                                                                                          please click on this link.




1301.1/44149-000014756301.1/44149-00001
Exhibit 3
                                                                                          LEGAL NOTICE

                            If you bought Sensa®, you could get a payment from a settlement.
       A settlement has been proposed in a class action challenging certain advertising claims about the Sensa® Weight Loss System ("Sense"). The Los Angeles Superior Court authorized
this notice and will decide whether to approve the settlement.
    WHO'S INCLUDED? The settlement includes the approximately 2,600,000 persons who purchased Sensa /° prior to                         2012 (except Linda Breeding, Melanie Gordon, Polin
Mahboubian, and Shahriyar Bolandian).
      WHAT IS TILE CASE ABOUT? This lawsuit is about Sense's advertising. Plaintiffs allege that Defendant did not have a sufficient scientific basis for certain of its marketing claims.
Defendant disputes these allegations and contends that its marketing claims are substantiated by three product studies and a significant body of scientific research regarding neurology and the
science of smell and taste. The parties reached an agreement to avoid the time and expense of litigation.
      WHAT DOES THE SETTLEMENT PROVIDE? If approved, the proposed settlement will provide up to $6,000,000 for notice/administration costs, class representative payments, and cash
benefits to class members who submit a claim and up to $3,000,000 in fees and costs for the lawyers who represented the settlement class
     How DO YOU ASK FOR A PAYMENT? To qualify for a payment, visit www.tbd.com for directions on how to submit a claim form. The deadline is Month 00, 0000. You may receive a
payment based on, among other things, how many of the approximately 2,600,000 class members submit a timely and valid claim.
       WHAT ARE YOUR OTHER OPTIONS? You may exclude yourself from the settlement or object to it by sending a letter to the Claims Administrator at [address] by Month 00, 0000. The
settlement and judgment, whether favorable or not, will bind you if you do not request exclusion. If you do not request exclusion, you may, if you desire, enter an appearance through counsel.
If you do object, you may still file a claim. The more detailed notice available at wwvv.tbd.com explains these options in more detail.
      The Court will hold a hearing in this case (Correa, et al. v. Sensa Products, LLC, Case No. BC476808) on Month 00, 0000, to consider whether to approve the settlement and the
request for attorney' fees and costs by settlement class counsel. You may ask to appear at the hearing, but you do not have to. For more information, visit www.tbd.com .
Exhibit 4
                     LEGAL Nan( 'F


 If you bought Sensa% you
 could get a payment from
        a settlement.
A settlement has been proposed in a class action
challenging certain advertising claims about the Sense
Weight Loss System ("Sense"). The Los Angeles
Superior Court authorized this notice and will decide
whether to approve the settlement.

              WHO'S INCLUDED?
The settlement includes the approximately 2,600,000
persons who purchased Sense prior to 2012
(except Linda Breeding, Melanie Gordon, Polin
Mahboubian, and Shahriyar Bolandian).

        WHAT IS THE CASE ABOUT?
This lawsuit is about Sense's advertising. Plaintiffs
allege that Defendant did not have a sufficient scientific
basis for certain of its marketing claims. Defendant
disputes these allegations and contends that its
marketing claims are substantiated by three product
studies and a significant body of scientific research
regarding neurology and the science of smell and taste.
The parties reached an agreement to avoid the time and
expense of litigation.

     WHAT DOES THE SETTLEMENT
             PROVIDE?
If approved, the proposed settlement will provide up
to $6,000,000 for notice/administration costs, class
representative payments, and cash benefits to class
members who submit a claim and up to $3,000,000
in fees and costs for the lawyers who represented the
settlement class.

  How DO YOU ASK FOR A PAYMENT?
To qualify for a payment, visit www.tbd.com for
directions on how to submit a claim form. The deadline
is Month 00, 0000. You may receive a payment based
on, among other things, how many of the approximately
2,600,000 class members submit a timely and
valid claim.

  WHAT ARE YOUR OTHER OPTIONS?
You may exclude yourself from the settlement or object
to it by sending a letter to the Claims Administrator
at [address
by Month 00, 0000. The settlement and judgment,
whether favorable or not, will bind you if you do not
request exclusion. If you do not request exclusion,
you may, if you desire, enter an appearance
through counsel. If you do object, you may still
file a claim. The more detailed notice available at
www.tbd.com explains these options in more detail.
The Court will hold a hearing in this case (Correa, et
al. v. Sensa Products, LL,C, Case No. BC476808) on
Month 00, 0000, to consider whether to approve the
settlement and the request for attorneys' fees and costs
by settlement class counsel. You may ask to appear at the
hearing, but you do not have to. For more information,
visit www.tbd.com .
                         Name
                        Address
                  City, State Zipcode




             www.tbd.com
Exhibit 5
              LOS ANGELES COUNTY SUPERIOR COURT FOR THE STATE OF CALIFORNIA




  If you purchased the Sensa® Weight Loss
System, you could get a payment from a class
              action settlement.
                        A court authorized this notice. This is not a solicitation from a lawyer.

•       A settlement has been reached in a class action lawsuit regarding the Sensa ® Weight Loss
        System ("Sense").
•       In the lawsuit, plaintiffs raised questions regarding the basis for certain of the advertising claims
        made regarding the product. The defendant voluntarily provided copies of its advertisements and
        details regarding the scientific basis for its claims. Following this exchange, the parties reached
        an agreement in order to avoid the time and expense associated with litigation.
•       The Court has not ruled, one way or the other, on plaintiffs' challenges to the advertising.
•       Your legal rights are affected whether you act or do not act. Read this notice carefully.

                   YOUR LEGAL RIGHTS AND OPTION'S IN THIS SETTLEMENT:

    SUBMIT A CLAIM FORM       The only way to receive a payment.

                              Receive no payment. This is the only option that allows you to ever be part of
    EXCLUDE YOURSELF          any other lawsuit against the defendant or anyone else about the legal claims in
                              this case.

    OBJECT                    Write to the Court about why you do not like the settlement.

    Go To A HEARING           Ask to speak in Court about the fairness of the settlement.

    Do NOTHING                Receive no payment. Give up rights.


•       These rights and options — and the deadlines to exercise them — are explained in this notice.
•       The Court in charge of this case still has to decide whether to approve the settlement. Payments
        will be made if the Court approves the settlement and after appeals are resolved. Please be
        patient.
•       Any questions? Read on and visit www.tobedetermined.com .




                                      QUESTIONS? VISIT VVIVW.TBD.COM
                                                   1
                                  WHAT THIS NOTICE CONTAINS
Basic Information                                                                                      3
        1.     Why did I get this notice package?                                                      3
        2.     What is this lawsuit about?                                                             3
        3.     Why is this a class action?                                                             3
        4.     Why is there a settlement?                                                              3
Who is in the Settlement                                                                               3
        5.     How do I know if I am part of the settlement?                                           3
The Settlement Benefits — What You Get                                                                 4
        6.     What does the settlement provide?                                                       4
How You Get Benefits — Submitting a Claim Form                                                         4
        7.     How can I get a payment or other benefits?                                              4
        8.     When will I receive benefits?                                                           4
        9.     What am I giving up if I stay in the Settlement Class?                                  4
Excluding Yourself From The Settlement                                                                 4
        10.    How do I exclude myself from the settlement?                                            4
        11.    If I do not exclude myself, can I sue the Defendant or anyone else for the same thing
               later?                                                                                  5
        12.    If I exclude myself, can I get benefits from this settlement?                           5
The Lawyers Representing You                                                                           5
        13.    Do I have a lawyer in this case?                                                        5
        14.    How will the lawyers be paid?                                                           5
Objecting To The Settlement                                                                            5
        15.    How do I tell the Court that I do not like the settlement?                              5
        16.    What is the difference between objecting and excluding?                                 6
The Court's Fairness Hearing                                                                           6
        17.    When and where will the Court decide whether to approve the settlement?                 6
        18.    Do I have to come to the hearing?                                                       7
        19.    May I speak at the hearing?                                                             7
If You Do Nothing                                                                                      7
       20.     What happens if I do nothing at all?                                                    7
Getting More Information                                                                               7
       21.     Are there more details about the settlement?                                            7
       22.     How do I get more information?                                                          8




                                    QUESTIONS? VISIT WWW.TBD.COM
                                                    2
                                        BASIC INFORMATION

       Why should I read this notice.

If you purchased Sensa ® prior to          , 2012, you have a right to know about a proposed settlement
of a class action lawsuit and your options. The Los Angeles County Superior Court of the State of
California has preliminarily approved the proposed settlement.
If the Court grants final approval to the settlement, and after any appeals are resolved, an administrator
appointed by the Court will distribute the benefits under the settlement. The settlement website will
provide updates regarding the progress of the settlement.
This notice explains the lawsuit, the settlement, your legal rights, what benefits are available, who is
eligible for them, and how to get them.
The case is known as Danielle Correa and Jennifer Teeples v. Sensa Products, LLC, et al, Case No.
BC476808. The persons who sued are called the Plaintiffs, and the company they sued, Sensa Products,
LLC, is called the Defendant.

       What is this lawsuit about?

This lawsuit is about the advertising for Sensa ® . The Complaint alleges that Defendant did not have a
sufficient scientific basis for certain of its marketing claims. Defendant disputes these allegations and
contends that its marketing claims are substantiated by three product studies and a significant body of
scientific research regarding neurology and the science of smell and taste. The parties reached an
agreement to avoid the time and expense associated with further litigation.

       Why is this a class action?

In a class action, one or more people, called Class Representatives sue on behalf of people who have
similar claims. All of these people are a Class or Class Members. One court resolves the issues for all
Class Members, except for those who exclude themselves from the Class. A judge in the Los Angeles
County Superior Court in California is overseeing this class action.

       Why is there a settlement?

The Court did not decide in favor of Plaintiffs or Defendant. Instead, both sides agreed to a settlement.
That way, they avoid the time and expense of going to trial. The Class Representatives and their
attorneys think the settlement is best for everyone.

                                     WHO IS IN THE SETTLEMENT

       How do I know if I am part of the settlement?

The Court previously decided that everyone who fits the following description is a Class Member:
All people who purchased Sensa ® prior to          2012. Excluded from the settlement are Linda
Breeding, Melanie Gordon, Polin Mahboubian, and Shahriyar Bolandian. Also excluded are all persons
who properly and timely opt out of the settlement.

                                     QUESTIONS? VISIT WWW.TBD.COM
                                                    3
                        THE SETTLEMENT BENEFITS — WHAT                 You GET
    •   What does the settlement provide?

If approved, the proposed settlement will provide up to $6,000,000 for notice/administration costs, class
representative payments, and cash benefits to class members who submit a claim and up to $3,000,000
in fees and costs for the lawyers who represented the settlement class. More specifically:
•       A Court-appointed administrator will receive compensation to implement a class notice program
        and to assist in the processing of claims submitted by Settlement Class members.
•       Settlement Class members who submit a timely and complete claim form will receive a payment
        based on, among other things, how many of the approximately 2,600,000 class members submit
        a timely and valid claim.
•       Subject to Court approval, the Class Representatives (Jeannette McClendon, Angela Cordova,
        Angie Cruz, and Andrea Gladstone) may each receive a service payment of up to $2,500 for their
        role in this lawsuit.

                   How You GET BENEFITS — SUBMITTING A CLAIM FORM
        How can I get a payment?
To qualify for a payment under the settlement, you must submit a claim form. You can obtain a claim
form on the Internet at www.tbd.com. Read the instructions carefully and submit the claim form no later
than Month 00, 0000.

        When will I receive my payment?

The Court will hold a hearing on Month 00, 0000, to decide whether to approve the settlement. If the
Court approves the settlement, there may be appeals. It is always uncertain whether these appeals can
be resolved, and resolving them can take up to a year or more. The settlement website will keep you
informed of the progress of the settlement. Please be patient.

        What am I giving up if! stay in the Settlement Class?

Unless you exclude yourself, you will remain a member of the Settlement Class. This means that you
cannot sue, continue to sue, or be part of any other lawsuit against the Defendant (see question no. 11
below) or anyone else about the legal issues in this case. If you stay in the Settlement Class, all of the
Court's orders will apply to you and legally bind you.
                       EXCLUDING YOURSELF FROM THE SETTLEMENT
If you do not want any benefits from this settlement, but you want keep the right to sue or continue to
sue the Defendant or anyone else, on your own, about the legal issues in this case, then you must take
steps to get out. This is called excluding yourself — or is sometimes referred to as opting out of the
Settlement Class. Defendant may withdraw from and terminate the Settlement if a certain number of
putative Settlement Class members exclude themselves.

10.     How do I exclude myself from the settlement?
                                     QUESTIONS? VISIT WWW.TBD.COM
                                                  4
To exclude yourself from the settlement, you must submit a letter by mail saying that you want to be
excluded from the Settlement Class in Danielle Correa and Jennifer Teeples v. Sensa Products, LLC.
Be sure to include your name, address, telephone number, and your signature. You must mail your
exclusion request so that it is postmarked no later than Month 00, 0000, to:
                                      Correa v. Sensa Products, LLC
                                                 c/o GCG
                                              P.O. Box 9831
                                        Dublin, OH 43017-5731
You cannot exclude yourself by phone or by e-mail. If you mail an exclusion request by the deadline,
you will not get any settlement benefits and you cannot object to the settlement. You will not be legally
bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) the
Defendant in the future.

11.     If I do not exclude myself, can I sue the Defendant or anyone else for the same thing later?

No. Unless you exclude yourself, you give up the right to sue the Defendant or anyone else for the
claims resolved by this settlement.
You must exclude yourself from the Settlement Class to participate in any litigation against the
Defendant or anyone else regarding the claims resolved by this settlement. Remember, the exclusion
deadline is Month 00, 0000.

12.     If I exclude myself, can I get benefits from this settlement?

No. If you exclude yourself, do not send in a claim form to ask for any benefits. But, you may sue,
continue to sue, or be part of a different lawsuit.
                                THE LAWYERS REPRESENTING               You
1.      Do I have a lawyer in this case?

The lawyers and law firms of Bursor & Fisher, P.A. and Milberg LLP represent you and other
Settlement Class members. Together, the lawyers are called Settlement Class Counsel. You will not be
charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your
own expense.

14     How will the lawyers be paid?

Settlement Class Counsel will ask the Court for an award of attorneys' fees, costs, and expenses up to
$3,000,000. The Court may award less than this amount.
                                 OBJECTING      To THE SETTLEMENT
You can tell the Court that you do not agree with the settlement or some part of it.

15.    How do I tell the Court that I do not like the settlement?

If you are a Settlement Class member, you can object to the settlement if you do not like any part of it.
You can give reasons why you think the Court should not approve it. The Court will consider your
                                     QUESTIONS? VISIT WWW.TBD.COM
                                                     5
views. (If you object, you can still participate in the settlement — and receive money if it is approved —
notwithstanding your objection.)
To object, you must send a letter saying that you object to the Danielle Correa and Jennifer Teeples v.
Sensa Products, LLC settlement. The objection must include the following: (i) the name of this action;
(ii) the objecting Settlement Class member's full name, address, telephone number, and signature (an
attorney's signature is not sufficient); (iii) a statement that the objector is a Settlement Class member
and an explanation of the basis upon which the objector claims to be a Settlement Class member; (iv) all
grounds for the objection, accompanied by any legal support known to the objector or his or her counsel;
(v) the identity of all counsel who represent the objector, including any former or current counsel who
may be entitled to compensation for any reason related to the objection, (vi) a statement confirming
whether the objector or any counsel representing the objector intends to personally appear and/or testify
at the final approval hearing; (vii) a list of any persons who may be called to testify at the final approval
hearing in support of the objection; (viii) the number of times in which the objector, objector's counsel
(if any), or objector's counsel's law firm (if any) has objected to a class action settlement within the
three years preceding the date that the objector files the objection and the caption of each case in which
such objection was made; and (ix) a statement disclosing any consideration that the objector, objector's
counsel (if any), or objector's counsel's law firm (if any) has received in connection with the resolution
or dismissal of an objection to a class action settlement within the three years preceding the date that the
objector files the objection. Mail the objection to the Claims Administrator and Settlement Class
Counsel so that it is postmarked no later than Month 00, 0000:


          Correa v. Sensa Products, LLC                            BURSOR & FISHER, P.A.
                     c/o GCG                                  1990 North California Blvd., Suite 940
                  P.O. Box 9831                                     Walnut Creek, CA 94596
            Dublin, OH 43017-5731



16.    What is the difference between objecting and excluding?

Objecting is simply telling the Court that you do not like something about the settlement. You can
object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not
want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the
case no longer affects you. If you object, you still can submit a claim form.
                                 THE COURT'S FAIRNESS HEARING
The Court will hold a hearing to decide whether to approve the settlement. You may attend and you
may ask to speak, but you do not have to.

  .    When and where will the Court decide whether to approve the settlement?

The Court will hold a Fairness Hearing at          a.m. on Month 00, 0000, in Department 309 at the Los
Angeles County Superior Court located at 600 South Commonwealth Avenue, Los Angeles, California
90005. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate.
If there are objections, the Court will consider them. The Court will listen to people who have asked to
speak at the hearing. The Court may also decide how much to pay Settlement Class Counsel and the

                                     QUESTIONS? VISIT WVVW.TBD.COM
                                                      6
Class Representative. After the hearing, the Court will decide whether to approve the settlement. We
do not know how long these decisions will take.

18.     Do I have to come to the hearing?

No. Settlement Class Counsel will answer any questions from the Court regarding the settlement.
However, you are welcome to come at your own expense. If you send an objection, you do not have to
come to Court to talk about it. As long as you mailed your written objection on time, the Court will
consider it. You may also pay your own lawyer to attend, but it is not necessary.

19.     May I speak at the hearin

You may ask the Court for permission for you or your lawyer to speak at the Fairness Hearing. To do so,
you must send a letter saying that it is your "Notice of Intention to Appear in Danielle Correa and
Jennifer Teeples v. Sensa Products, LLC." Be sure to include your name, address, telephone number,
and your signature. If your lawyer intends to speak at the fairness hearing, your letter must also include
the name, address, and telephone number of your lawyer. Your Notice of Intention to Appear must be
mailed to the Claims Administrator and Settlement Class Counsel and postmarked no later than Month
00, 0000 to:

           Correa v. Sensa Products, LLC                             BURSOR & FISHER, P.A.
                      c/o GCG                                   1990 North California Blvd., Suite 940
                   P.O. Box 9831                                      Walnut Creek, CA 94596
             Dublin, OH 43017-5731


You cannot speak at the Fairness Hearing if you excluded yourself.

                                          IF   You Do NOTHING
2.      What happens if I do nothing at all?

If you do nothing, you will get no money from this settlement. But, unless you exclude yourself, you
will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit about the legal
issues in this case, ever again.

                                    GETTING MORE INFORMATION

21.    Are there more details about the settlement?

This notice summarizes the proposed settlement. More details are in the Settlement Agreement. You can
get a copy of the Settlement Agreement by writing to the Claims Administrator at:
                                       Correa v. Sensa Products, LLC
                                                  do GCG
                                               P.O. Box 9831
                                         Dublin, OH 43017-5731


                                      QUESTIONS? VISIT WVVW.TBD.COM
                                                       7
22     How do I get more information?

You can visit the settlement website at www.tbd.com, where you will find answers to common questions
about the settlement, a claim form, plus other information. You may also contact Settlement Class
Counsel at Bursor & Fisher, P.A., 1990 N. California Boulevard, Suite 940, Walnut Creek, California
94596.


          , 2012         The Honorable Anthony R. Mohr, Los Angeles County Superior Court




                                  QUESTIONS? VISIT WWW.TBD.COM
                                                 8
Exhibit 6
                1

                2

                3
                4

                5
                6

                7

                8                          SUPERIOR COURT OF THE STATE OF CALIFORNIA

                9                                  FOR THE COUNTY OF LOS ANGELES

               10

               11   DANIELLE CORREA and JENNIFER                   CASE NO. BC 476808
                    TEEPLES, on behalf of themselves, and all
               12   others similarly situated,                     [PROPOSED] JUDGMENT, FINAL
                                                                   ORDER, AND DECREE GRANTING
               13                    Plaintiffs,                   FINAL APPROVAL TO CLASS ACTION
                                                                   SETTLEMENT
               14               V.
                                                                   Judge: Anthony J. Mohr
               15    SENSA PRODUCTS, LLC,                          Dept: 309

               16                    Defendant.

               17

               18
               19
               20

               21

               22

               23
               24

               25
               26

               27
  Mitchell     28
Silberberg &
 Knupp LLP
                                [PROPOSED] JUDGMENT, FINAL ORDER, AND DECREE GRANTING FINAL APPROVAL
      4756305.1/    149-00001
                1           On           , 2012, this Court preliminarily approved the parties' proposed class action
                2   settlement ("Settlement Agreement").
                3           On           , 2012, this Court conducted a final approval and fairness hearing to evaluate
                4   the Settlement Agreement. Upon the pending motion for final approval, this Court, having read,
                5   heard, and considered all papers, pleadings, arguments, and evidence submitted, and good cause
                6   appearing therefore, now finds and orders as follows:
                7                                                FINDINGS

                8           1.     All defined terms contained herein shall have the same meanings as set forth in the
                9   Settlement Agreement.
               10           2.     This Court has jurisdiction over the subject matter of the above-captioned action
               11   and over all parties to the action, including all members of the Settlement Class.
               12           3.     The Notices, as evidenced by the declaration submitted by the Claims
               13   Administrator, provided a neutral, informative, and clear summary explanation of the Settlement
               14   Agreement, including a description of the Settlement Class, the settlement process, the settlement
               15   amount, the relief the settlement proceeds will provide, and the rights of members to object to the
               16   settlement, opt out, or submit a claim, and informed members that Settlement Class Counsel
               17   would seek an award of attorneys' fees and costs from the settlement proceeds.
               18          4.      The Notices provided the "best practicable" notice to the Settlement Class,
               19   constitutes valid, due, and sufficient notice, and meets the requirements for notice of a class action
               20   settlement. Accordingly, this Court determines that all members of the Settlement Class are
               21   bound by this Judgment, Final Order, and Decree ("Judgment").
               22          5.      The Settlement Agreement is clearly fair, adequate, and reasonable, in the best
               23   interests of the Settlement Class as a whole, and represents a good outcome in light of the defenses
               24   raised. The Settlement Agreement is the product of arm's-length, serious, informed, non-
               25   collusive, and non-overreaching negotiations.
               26          6.      The settling defendant opposed, and continues to oppose, the Settlement Class
               27   members' claims and the class treatment of the members' claims for litigation purposes. Nothing
  Mitchell     28   herein or in the Settlement Agreement purports to extinguish or waive defendant's right to
silberberg &
Knupp   LLP
                                                                      2
                            [PROPOSED] JUDGMENT, FINAL ORDER, AND DECREE GRANTING FINAL APPROVAL
                1   continue to oppose the merits of these or other claims or class treatment of these or other claims in
                2   this or any other case.
                3                                                  ORDER
                4   GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED THAT:
                5           1.      This Court hereby grants final approval to the Settlement Agreement, which is
                6   expressly incorporated by this reference and which shall have the full force and effect of an order
                7   of this Court, and hereby directs that the Settlement Agreement be consummated in accordance
                8   with its terms and conditions.
                9           2.      The Settlement Class is certified for settlement purposes and means and refers to all
               10   Persons who purchased Sensa® prior to the entry of the Preliminary Approval Order. Excluded
               11   from the Settlement Class are Linda Breeding, Melanie Gordon, Polin Mahboubian, and Shahriyar
               12   Bolandian. Also excluded from the Settlement Class are all Persons who properly and timely opt
               13   out pursuant to the Agreement.
               14           3.     The Persons identified in Exhibit 1 hereto ("Opt Outs") have filed timely and valid
               15   requests to exclude themselves and are hereby excluded from the Settlement Class. The Opt Outs
               16   are not entitled to receive any benefits under the Settlement Agreement. In addition, the Opt Outs
               17   are not bound by this Judgment or the Settlement Agreement.
               18          4.      The Settlement Agreement and this Judgment release and absolutely and forever
               19   discharge the Released Parties of and from any and all Settled Claims as set forth in the Settlement
               20   Agreement
               21          5.      No member of the Settlement Class or Releasing Party shall have any claim against
               22   Settlement Class Counsel, Defendant, Defendant's counsel, and/or the released persons with
               23   respect to the processing of Claim Forms or class benefit determinations or distributions.
               24          6.      This Court, in the interests of justice, and there being no just reason for delay,
               25   expressly directs the Clerk of this Court to enter this Order as a Judgment, and hereby decrees,
               26   that, upon entry, it be deemed as a final judgment with respect to all claims by all members of the
               27   Settlement Class against the settling defendant and the other released parties, in accordance with
  Mitchell     28
Silberberg &
                    the terms of the Settlement Agreement.
 Knupp LLP
                                                                      3
                            [PROPOSED] JUDGMENT, FINAL ORDER, AND DECREE GRANTING FINAL APPROVAL
                1           7.     All members of the Settlement Class are barred and permanently enjoined from
                2   prosecuting claims that are settled and/or released pursuant to and/or under the Settlement
                3   Agreement.
                4           8.      Solely for purposes of implementation of this Settlement, Jeannette McClendon,
                5   Angela Cordova, Angie Cruz and Andrea Gladstone are hereby approved as the representatives of
                6   the Settlement Class and are hereby approved to receive the following incentive award from the
                7   settlement proceeds: $2,500 each.
                8           9.      Solely for purposes of implementation of this Settlement, Bursor & Fisher, P.A.
                9   and Milberg LLP are hereby approved as Settlement Class Counsel. Upon hearing and review of
               10   the motion for an award of Settlement Class Counsel fees, costs and expenses, the respective
               11   hourly rates of Settlement Class Counsel are found to be reasonable, and this Court hereby
               12   approves an aggregate total of $3,000,000.00 for attorneys' fees, costs, and expenses. This award
               13   shall constitute the full and total compensation for Settlement Class Counsel for all attorneys' fees,
               14   costs, and expenses incurred in connection with all claims asserted in this action.
               15           10.    In the event the Settlement Agreement is terminated, pursuant to its terms or
               16   otherwise, this Judgment shall be vacated nunc pro tunc. If the Settlement Agreement is
               17   terminated, Defendant reserves and shall have the right to challenge class certification, with
               18   Plaintiff bearing the burden of proving satisfaction of the certification prerequisites. The fact of
               19   this Settlement and entry of this Judgment shall have no impact on the burden of proof or the
               20   showing required to certify a class for non-settlement purposes.
               21           11.    Without affecting the finality of this Judgment, this Court shall retain exclusive and
               22   continuing jurisdiction over this action and the parties, including all members of the Settlement
               23   Class, for purposes of supervising, administering, implementing, enforcing, construing, and
               24   interpreting the Settlement Agreement, the administration process thereunder, and this Judgment.
               25           12.    The Settlement Agreement, any negotiations, proceedings, documents, or anything
               26   else related to the Settlement Agreement, its implementation, or its judicial approval shall not be
               27   construed as, or deemed to be evidence of, any admission or concession. By entering into the
  Mitchell     28
Silberberg &
                    Settlement Agreement, it is understood that the released persons do not admit and expressly deny
 Knupp LLP
                                                                      4
                            [PROPOSED] JUDGMENT, FINAL ORDER, AND DECREE GRANTING FINAL APPROVAL
                1   that they have breached any duty, obligation, or agreement; deny that they have engaged in any
                2   illegal, tortious, or wrongful activity; deny that they are liable to any member of the Settlement
                3   • Class or any other Person; and/or deny that any damages have been sustained by any member of
                4   the Settlement Class or by any other Person in any way arising out of or relating to the Sensa®
                5   Weight Loss System.
                6           13.    The Settlement Agreement, any negotiations, proceedings, or documents related to
                7   the Agreement, its implementation, or its judicial approval (as well as the fact of the settlement
                8   and any acts or documents related to the settlement or its implementation) shall not be construed
                9   as, or deemed to be evidence of, any admission or concession by any of the parties or any other
               10   Person regarding any matter, including, without limitation, the absence or presence of liability, the
               11   absence or presence of damage, or the propriety or impropriety of class treatment.
               12   IT IS SO ORDERED.
               13
               14

               15   DATED:
                                                                             The Honorable Anthony J. Mohr
               16                                                            Judge of the Los Angeles Superior Court
               17

               18
               19

               20

               21

               22

               23
               24

               25
               26
               27
  Mitchell     28
Silberberg &
 Knupp LLP
                                                                     5
                            [PROPOSED] JUDGMENT, FINAL ORDER, AND DECREE GRANTING FINAL APPROVAL
Exhibit 7
                1
                2

                3
                4

                5

                6

                7
                8                        SUPERIOR COURT OF THE STATE OF CALIFORNIA

                9                                 FOR THE COUNTY OF LOS ANGELES

               10

               11   DANIELLE CORREA and JENNIFER                         CASE NO. BC 476808
                    TEEPLES, on behalf of themselves, and all
               12   others similarly situated,                           [PROPOSED] PRELIMINARY
                                                                         APPROVAL ORDER
               13                  Plaintiffs,
                                                                         Judge: Anthony J. Mohr
               14          v.                                            Dept: 309

               15   SENSA PRODUCTS, LLC,

               16                  Defendant.

               17

               18          This Court has carefully considered the propriety of conditional certification of the

               19   proposed settlement class ("Settlement Class") and the request for preliminary approval of the

               20   Settlement Agreement. This Court is fully informed and in a position to weigh and evaluate, has

               21   weighed and evaluated, and will continue to weigh and evaluate, the claims and defenses, the

               22   procedural and substantive barriers to trial and verdict, and the value of the claims for settlement

               23   purposes.

               24          This Court also has carefully considered the propriety of the parties' proposed notice

               25   program ("Notice Program") and the proposed Email Notice, Mail Notice, Published Notice and

               26   Long Form Notice ("Notices") and the proposed Claim Form for the settlement.

               27
  Mitchell     28
Silberberg &
 Knupp LLP                                       [PROPOSED] PRELIMINARY APPROVAL ORDER
      4599812.2
                1           Upon the pending motion for preliminary approval, this Court, having read, heard, and
                2   considered all papers, pleadings, arguments, and evidence submitted, and good cause appearing
                3   therefore, now finds and orders as follows:
                4                                                 FINDINGS
                5           1.     All defined terms contained herein shall have the same meaning as set forth in the
                6   Settlement Agreement.
                7           2.     The Settlement Class Representatives and Defendant, through their counsel of
                8   record herein, have reached an agreement to settle the claims alleged in the Complaint.
                9           3.     This Court has jurisdiction over the subject matter of the above-captioned action
               10   and over all parties to the action, including all members of the Settlement Class.
               11           4.     Conditional certification for settlement purposes of the Settlement Class defined
               12   herein and in the Settlement Agreement is appropriate under California Code of Civil Procedure
               13   Section 382 and applicable case law. The Settlement Agreement is clearly within the range of
               14   possible approval as fair, adequate, and reasonable. It appears to be the product of arm's length,
               15   serious, informed, non-collusive, and non-overreaching negotiations, and it warrants submission to
               16   the members of the Settlement Class for their consideration.
               17           5.     Provisional approval of the Settlement Class Representatives and Settlement Class
               18   Counsel as adequate representatives is appropriate.
               19           6.     The Notices provide a neutral, informative, and clear explanation of the settlement,
               20   including a description of the Settlement Class ; the settlement process, the settlement amount, the
               21   relief the settlement proceeds will provide class members, and the rights of class members to
               22   object to or opt out of the settlement, and inform class members that Settlement Class Counsel will
               23   seek an award of attorneys' fees and costs and an incentive payment for the Settlement Class
               24   Representatives from the settlement proceeds.
               25          7.      The Notice Program provides the "best practicable" notice of the proposed
               26   settlement, including a direct email or mail to all known class members.
               27          8.      The Notice Program constitutes valid, due, and sufficient notice, and meets the
  Mitchell     28
Silberberg &
                    requirements for notice of a class action settlement.
 Knupp LLP
                                                                      2
                                               [PROPOSED] PRELIMINARY APPROVAL ORDER
                1                                                 ORDER
                2           1.     The Settlement Agreement is preliminarily approved and the Settlement Class is

                3   conditionally certified, for settlement purposes only, as a voluntary class pursuant to Code of Civil
                4   Procedure Section 382 and applicable case law. To the extent not stated herein, this Preliminary

                5   Approval Order incorporates by reference and conditionally approves all provisions of the

                6   Settlement Agreement

                7          2.      The Settlement Class means and refers to all Persons who purchased Sensa® prior

                8   to the entry of this Preliminary Approval Order. Excluded from the Settlement Class are Linda

                9   Breeding, Melanie Gordon, Polin Mahboubian, and Shahriyar Bolandian. Also excluded from the

               10   Settlement Class are all Persons who properly and timely opt out pursuant to the Agreement.
               11          3.      For settlement purposes, the Court conditionally designates Jeannette McClendon,
               12   Angela Cordova, Angie Cruz and Andrea Gladstone as the representatives of the Settlement Class

               13   and Bursor & Fisher, P.A. and Milberg LLP as counsel for the Settlement Class.
               14          4.      The proposed Notice Program, Notices, and Claim Form are approved.
               15          5.      Garden City Group is hereby approved as the Claims Administrator.
               16          6.      Within 15 days after the entry of the Preliminary Approval Order, Defendant shall

               17   submit to the Claims Administrator, in electronic form, the name and email address (or mailing

               18   address if the email address is not available) of each known Settlement Class member. Within 10
               19   days after receipt of this information, the Claims Administrator and/or its designee shall run a
               20   national change of address update on each mailing address. The Claims Administrator shall then
               21   email or mail (as appropriate) a copy of the Email Notice or Mail Notice to each known
               22   Settlement Class Member. The Claims Administrator shall submit to Defendant a list of
               23   Settlement Class members whose email "bounces back" as undeliverable. Defendant shall
               24   promptly determine whether it has mailing addresses for any of these individuals and shall provide

               25   such addresses to the Claims Administrator, who shall send the Mail Notice to those addresses.
               26          7.      Within 45 days after the initial dissemination of the Email Notice and Mail Notice,
               27   Settlement Class members who wish to opt out of the Settlement Class shall mail a request for
  Mitchell     28   exclusion to the Claims Administrator. To be timely and valid, the request for exclusion must be
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                                                                     3
                                               [PROPOSED] PRELIMINARY APPROVAL ORDER
                1   postmarked no later than the 45th day following the initial dissemination of the Email Notice and
                2   Mail Notice. (The exact date shall be specified in the Notice.)
                3           8.     Within 45 days after the initial dissemination of the Email Notice and Mail Notice,
                4   Settlement Class members who wish to object to the settlement shall file a notice of objection.
                5   Persons who opt out of the Settlement Class shall not be permitted to file such objections or to be
                6   heard at the final approval hearing.
                7           9.     The Court will only consider objections that are timely and valid. To be
                8   considered, an objection must be in writing and be signed by the Settlement Class member making
                9   the objection and must include the following: (i) the name of this action; (ii) the objecting
               10   Settlement Class member's full name, address, telephone number, and signature (an attorney's
               11   signature is not sufficient); (iii) a statement that the objector is a Settlement Class member and an
               12   explanation of the basis upon which the objector claims to be a Settlement Class member; (iv) all
               13   grounds for the objection, accompanied by any legal support known to the objector or his or her
               14   counsel; (v) the identity of all counsel who represent the objector, including any former or current
               15   counsel who may be entitled to compensation for any reason related to the objection, (vi) a
               16   statement confirming whether the objector or any counsel representing the objector intends to
               17   personally appear and/or testify at the final approval hearing; (vii) a list of any persons who may
               18   be called to testify at the final approval hearing in support of the objection; (viii) the number of
               19   times in which the objector, objector's counsel (if any), or objector's counsel's law firm (if any)
               20   has objected to a class action settlement within the three years preceding the date that the objector
               21   files the objection and the caption of each case in which such objection was made; and (ix) a
               22   statement disclosing any consideration that the objector, objector's counsel (if any), or objector's
               23   counsel's law firm (if any) has received in connection with the resolution or dismissal of an
               24   objection to a class action settlement within the three years preceding the date that the objector
               25   files the objection. Any Settlement Class member who does not submit a timely and valid
               26   objection shall be deemed to have waived all objections and shall forever be foreclosed from
               27   making any objection to the fairness, adequacy, or reasonableness of the settlement and any order
  Mitchell     28
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                                                                      4
                                               [PROPOSED] PRELIMINARY APPROVAL ORDER
                1   and judgment entered approving it or attorneys' fees and costs for Settlement Class Counsel and
                2   an incentive payment for the Settlement Class Representatives.
                3           10.     The Parties may take discovery of Settlement Class members who submit
                4   objections, including depositions of no longer than 4 hours each, on the issues related to the Class
                5   Member's objection. The Parties may also seek documentary evidence or other tangible things
                6   that are related to the Settlement Class member's objection. Failure by an objecting Settlement
                7   Class member to make himself or herself reasonably available for a deposition or to comply with
                8   discovery requests may result in the Court striking the Settlement Class member's objection
                9   and/or otherwise denying that Settlement Class member the opportunity to make an objection or
               10   be further heard. The Court reserves the right to tax the costs of any such discovery to the
               11   objecting Settlement Class member or the objecting Settlement Class member's separate counsel
               12   should the Court determine that the objection is frivolous or is made for an improper purpose. The
               13   Court may, in its discretion, order any objecting Settlement Class member who subsequently files
               14   a notice of appeal to post an appropriate appellate bond.
               15           11.    Within 90 days after the initial dissemination of the Email Notice and Mail Notice,
               16   Settlement Class members who wish to make a claim for direct benefits under the Settlement
               17   Agreement shall submit a Claim Form to the Claims Administrator pursuant to the directions on
               18   the Claim Form. To be timely and valid, the Claim Form must contain the requested information
               19   and be submitted no later than the 90th day following the initial dissemination of the Email Notice
               20   and Mail Notice. (The exact date shall be specified in the Notice.) Claim Forms submitted after
               21   the deadline may be accepted at Defendant's election.
               22           12.    This Court will conduct a final approval hearing on                               , 2012,
               23   at       a.m., at which hearing members of the Settlement Class, or their counsel, may support or
               24   oppose the settlement, and proponents of the settlement may explain, describe, and defend the
               25   settlement's terms and conditions. At the same time, this Court will consider Settlement Class
               26   Counsel's request for an award of attorneys' fees and reimbursement of costs and expenses. This
               27   Court reserves the right to continue or adjourn the date of the final approval hearing without
  Mitchell
               28   further notice to the members of the Settlement Class.
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                                                                     5
                                               [PROPOSED] PRELIMINARY APPROVAL ORDER
                1           13.    The Settlement Agreement, any negotiations, proceedings, documents, or anything
                2   else related to the Settlement Agreement, its implementation, or its judicial approval shall not be
                3   construed as, or deemed to be evidence of, any admission or concession. By entering into the
                4   Settlement Agreement, it is understood that the Released Persons do not admit and expressly deny
                5   that they have breached any duty, obligation, or agreement; deny that they have engaged in any
                6   illegal, tortious, or wrongful activity; deny that they are liable to any member of the Settlement
                7   Class or any other Person; and/or deny that any damages have been sustained by any member of
                8   the Settlement Class or by any other Person in any way arising out of or relating to the Sensa®
                9   Weight Loss System.
               10           14.    The Settlement Agreement, any negotiations, proceedings, or documents related to
               11   the Settlement Agreement, its implementation, or its judicial approval (as well as the fact of the
               12   settlement and any acts or documents related to the settlement or its implementation) shall not be
               13   construed as, or deemed to be evidence of, any admission or concession by any of the parties or
               14   any other Person regarding any matter, including, without limitation, the absence or presence of
               15   liability, the absence or presence of damage, or the propriety or impropriety of class treatment.
               16   IT IS SO ORDERED.
               17

               18
               19   DATED:
                                                                             The Honorable Anthony J. Mohr
               20                                                            Judge of the Los Angeles Superior Court
               21

               22

               23
               24

               25
               26
               27
  Mitchell     28
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                                                                     6
                                               [PROPOSED] PRELIMINARY APPROVAL ORDER
Exhibit 8
                 MILBERG LLP
                 Jeff S. Westerman (State Bar No. 94599)
                 300 South Grand Avenue, Suite 3900
                 Los Angeles, CA 90071
                 Telephone: (213) 617-1200
                 Facsimile: (213) 617-1975
                 E-mail: jwesterman@milberg.com

                 BURSOR & FISHER, P.A.
                 L. Timothy Fisher (State Bar No. 191626)
                 Sarah N. Westcot (State Bar No. 264916)
                 1990 North California Blvd., Suite 940
                 Walnut Creek, CA 94596
                 Telephone: (925) 300-4455
                 Facsimile: (925) 407-2700
                 E-mail: hfisher@bursor.com
                         swestcot@bursor.com

                 Attorneys for Plaintiffs and the Proposed Class


                                     SUPERIOR COURT OF THE STATE OF CALIFORNIA

                                              FOR THE COUNTY OF LOS ANGELES



                 DANIELLE CORREA and JENNIFER                      CASE NO. BC 476808
                 TEEPLES, individually and on behalf of all
                 others similarly situated,                        Location: Department 309
                                                                   Judge:     The Honorable Anthony J. Mohr
                                Plaintiffs,
                        v.
                                                                   STIPULATED UNDERTAKING RE:
                 SENSA PRODUCTS, LLC, a Delaware                   ATTORNEYS' FEES, COSTS, AND
                 Corporation,                                      EXPENSES AND RE INCENTIVE
                                                                   PAYMENTS TO CLASS
                                Defendant.                         REPRESENTATIVES

                                                                   File Date: January 10, 2012
                                                                   Trial Date: None set




    Mitchell
  Silberberg &
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4756321.1
                                                   STIPULATED UNDERTAKING
                  1           Proposed settlement class counsel ("Settlement Class Counsel") and Defendant Sensa

                  2   Products, LLC ("Defendant") hereby stipulate and agree as follows:

                  3           WHEREAS, Settlement Class Counsel desire to give an undertaking for repayment of their

                  4   award of attorneys' fees, costs, and expenses and for repayment of the incentive awards to

                  5   settlement class representatives ("Undertaking"), as is required by the Settlement Agreement,

                  6          NOW, THEREFORE, Settlement Class Counsel hereby submit to the jurisdiction of the

                  7   Court for the purpose of enforcing the provisions of this Undertaking.

                  8           Capitalized terms used herein without definition have the meanings given to them in the

                  9   Settlement Agreement.

                 10           The obligations of Settlement Class Counsel are joint and several.

                 11           In the event that the Final Approval Order is reversed or materially modified on appeal, in

                 12   whole or in part, Settlement Class Counsel shall, within 10 business days after the order reversing

                 13   or modifying the Final Approval Order, in whole or in part, becomes final, repay to Defendant the

                 14   full amount of the attorneys' fees, costs, and expenses paid to Settlement Class Counsel and the

                 15   full amount of the incentive awards paid to the settlement class representatives. In the event the

                 16   Final Approval Order is not reversed or materially modified on appeal, in whole or in part, but the

                 17   attorneys' fees, costs, and expenses awarded by the Court are vacated or modified on appeal,

                 18   Settlement Class Counsel shall, within 10 business days after the order vacating or modifying the

                 19   award of attorneys' fees, costs, and expenses becomes final, repay to Defendant the attorneys'

                 20   fees, costs, and expenses paid to Settlement Class Counsel in the amount vacated or modified. In

                 21   the event that the Settlement Agreement is terminated after the payment of attorneys' fees, costs,

                 22   and expenses, Settlement Class Counsel shall, within 10 business days after notice of termination,

                 23   repay to Defendant the full amount of attorneys' fees, costs, and expenses paid to Settlement Class

                 24   Counsel and the full amount of the incentive awards paid to the settlement class representatives.

                 25          In the event that the Final Approval Order is reversed or modified on appeal, in whole or in

                 26   part, any action that may be required thereafter may be addressed to the Court on shortened notice

                 27   of not less than 5 court days.
    Mitchell     28
  Silberberg &
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                                                                       2
4756321.1
                                                         STIPULATED UNDERTAKING
                  1              This Undertaking and all obligations set forth herein shall expire upon the Final Effective

                  2   Date and the distribution of checks pursuant to Section 10.11 of the Settlement Agreement,

                  3   whichever is later.

                  4              Without limitation, Settlement Class Counsel agree that the Court may, upon application of

                  5   Defendant and notice to Settlement Class Counsel, summarily issue orders, including but not

                  6   limited to judgments and attachment orders, and may make appropriate findings of or sanctions for

                  7   contempt, against them or any of them should Settlement Class Counsel fail to timely repay

                  8   attorneys' fees, costs, and expenses pursuant to this Undertaking.

                  9              This Undertaking may be executed in one or more counterparts, each of which shall be

                 10   deemed an original but all of which together shall constitute one and the same instrument.

                 11   Signatures by facsimile shall be as effective as original signatures.

                 12              The undersigned declare under penalty of perjury under the laws of the State of California

                 13   and the United States that they have read and understand the foregoing and that it is true and

                 14   correct.

                 15   Dated: July , 2012                                BURSOR & FISHER, P.A.
                 16
                                                                        By:
                 17                                                             Scott A. Bursor for
                                                                                Bursor & Fisher PA
                 18                                                             369 Lexington Ave 10th FL
                                                                                New York, NY 10017
                 19                                                             Telephone: (212) 989-9113
                                                                                Facsimile: (212) 989-6163
                 20
                                                                                Attorneys for Plaintiffs and the
                 21                                                             Proposed Class
                 22

                 23
                 24

                 25
                 26
                 27
    Mitchell     28
  Silberberg &
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                                                                          3
4756321.1
                                                            STIPULATED UNDERTAKING
                  1   Dated: July , 2012           MILBERG LLP
                  2
                  3                                By:
                                                         Jeff S. Westerman for
                  4                                      Milberg LLP
                                                         300 South Grand Avenue, Suite 3900
                  5                                      Los Angeles, CA 90071
                                                         Telephone: (213) 617-1200
                  6                                      Facsimile: (213) 617-1975

                  7                                      Attorneys for Plaintiffs and the
                                                         Proposed Class
                  8
                  9
                      Dated: July , 2012           MITCHELL SILBERBERG & KNUPP LLP
                 10

                 11                                By:
                                                         Jeffrey L. Richardson
                 12                                      11377 West Olympic Boulevard
                                                         Los Angeles, CA 90064
                 13                                      Telephone: (310) 312-2000
                                                         Facsimile: (310) 312-3100
                 14
                                                         Attorneys for Defendant
                 15                                      Sensa Products, LLC

                 16

                 17

                 18
                 19

                 20
                 21

                 22

                 23
                 24

                 25

                 26
                 27
    Mitchell     28
  Silberberg &
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                                                     4
4756321.1
                                           STIPULATED UNDERTAKING
Exhibit 9
                1
                2

                3
                4

                5

                6

                7

                8                       SUPERIOR COURT OF THE STATE OF CALIFORNIA
                9                                   COUNTY OF LOS ANGELES
               10

               11   DANIELLE CORREA and JENNIFER                 CASE NO. BC 476808
                    TEEPLES, on behalf of themselves, and all
               12   others similarly situated,                   STIPULATION AND [PROPOSED]
                                                                 ORDER RE ADDITIONAL NAMED
               13                 Plaintiffs,                    PLAINTIFFS
               14          V.
                                                                 Judge:    Hon. Anthony J. Mohr
               15   SENSA PRODUCTS, LLC,                         Dept:     309
               16                 Defendant.
               17

               18
               19
               20
               21
               22

               23
               24

               25
               26
               27
  Mitchell     28
Silberberg &
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                                STIPULATION AND [PROPOSED] ORDER RE ADDITIONAL NAMED PLAINTIFFS
      4753772.2
                  1          Plaintiffs Danielle Correa and Jennifer Teeples ("Plaintiffs"), Defendant Sensa Products,
                  2   LLC ("Defendant"), and proposed additional named plaintiffs Jeannette McClendon, Angela
                  3   Cordova, Angie Cruz, and Andrea Gladstone ("Proposed Additional Plaintiffs") (all collectively
                  4   referred to as "the parties") hereby stipulate, through their undersigned counsel, that the Proposed
                  5   Additional Plaintiffs and their counsel are permitted to join in the above-entitled action. The
                  6   parties believes this will facilitate settlement and preserve judicial and party resources. Subject to
                  7   the approval of the proposed settlement, Plaintiffs and Defendant have no opposition.
                  8

                  9   DATED: July        , 2012                             BESHADA FARNESE LLP
                 10

                 11                                                         By:
                                                                                  Peter J. Farnese
                 12                                                               Attorneys for Plaintiffs
                                                                                  Danielle Correa and Jennifer Teeples
                 13
                      DATED: July         2012                              MITCHELL SILBERBERG & KNUPP LLP
                 14

                 15

                 16                                                         By:
                 17                                                               Jeffrey L. Richardson
                                                                                  Attorneys for Defendant
                 18                                                               Sensa Products, LLC

                 19

                 20
                 21

                 22

                 23
                 24
                 25
                 26

                 27
    Mitchell     28
  Silberberg &
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4753772.2.1                                                             1
                                  STIPULATION AND [PROPOSED] ORDER RE ADDITIONAL NAMED PLAINTIFFS
                  1   DATED: July   , 2012                      By:
                                                                       L. Timothy Fisher
                  2
                                                                BURSOR & FISHER, P.A.
                  3                                             L. Timothy Fisher (State Bar No. 191626)
                                                                Sarah N. Westcot (State Bar No. 264916)
                  4                                             1990 North California Boulevard, Suite 940
                                                                Walnut Creek, CA 94596
                  5                                             Telephone: (925) 300-4455
                                                                Facsimile: (925) 407-2700
                  6                                             E-Mail: ltfisher@bursor.com
                                                                        swestcot@bursor.com
                  7
                                                                BURSOR & FISHER, P.A.
                  8                                             Scott A. Bursor (State Bar No. 276006)
                                                                369 Lexington Avenue, 10 th Floor
                  9                                             New York, NY 10017
                                                                Telephone: (212) 989-9113
                 10                                             Facsimile: (212) 989-9163
                                                                E-Mail: scott@bursor.com
                 11
                                                                MILBERG LLP
                 12                                             Jeff S. Westerman (State Bar No. 94559)
                                                                300 South Grand Avenue, Suite 3900
                 13                                             Los Angeles, CA 90071
                                                                Telephone: (213) 617-1200
                 14                                             Facsimile: (213) 617-1975
                                                                E-Mail: jwesterman@milberg.com
                 15
                                                                MILBERG LLP
                 16                                             Janine L. Pollack
                                                                Melissa Ryan Clark
                 17                                             One Pennsylvania Plaza, 49th Floor
                                                                New York, NY 10119
                 18                                             Telephone: (212) 594-5300
                                                                Facsimile: (212) 273-4388
                 19                                             E-Mail: jpollack@milberg.com
                                                                        mclark@milberg.com
                 20
                                                                EDGAR LAW FIRM, LLC
                 21                                             John F. Edgar
                                                                1032 Pennsylvania Avenue
                 22                                             Kansas City, MO 64105
                                                                Telephone: (816) 531-0033
                 23                                             Facsimile: (816) 531-3322
                                                                E-Mail: jfe@edgarlawfirm.com
                 24

                 25

                 26
                 27
    Mitchell     28
  Silberberg &
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4753772.2.1                                                 2
                              STIPULATION AND [PROPOSED] ORDER RE ADDITIONAL NAMED PLAINTIFFS
                  1                                                         DESAI LAW FIRM, P.C.
                                                                            Aashish Y. Desai (State Bar No. 187394)
                  2                                                         8001 Irvine Center Drive, Suite 1450
                                                                            Irvine, CA 92618
                  3                                                         Telephone: (949) 842-8948
                                                                            Facsimile: (949) 271-4190
                  4                                                         E-Mail: aashish@desai-law.com
                  5                                                         Attorneys for Jeannette McClendon, Angela
                                                                            Cordova, Angie Cruz, and Andrea Gladstone
                  6

                  7                                                  ORDER
                  8   GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:
                  9           1.      Proposed Additional Plaintiffs Jeannette McClendon, Angela Cordova, Angie Cruz,
                 10   and Andrea Gladstone are hereby deemed named Plaintiffs in the above-entitled action to facilitate
                 11   settlement.
                 12          2.       If this Court does not grant final approval to the proposed settlement, or if such
                 13   approval does not become final for any reason, or if the settlement is terminated, the Proposed
                 14   Additional Plaintiffs shall no longer be deemed Plaintiffs in the above-entitled action and, if they
                 15   or their counsel wish to intervene thereafter, they shall file a motion for intervention (and nothing
                 16   in this stipulation or Order shall limit or otherwise impact the arguments for or against such
                 17   motion).
                 18          SO ORDERED.
                 19

                 20
                 21   DATED:                       ,2012
                                                                                    Honorable Anthony J. Mohr
                 22
                                                                              Los Angeles County Superior Court Judge
                 23
                 24

                 25
                 26
                 27
    Mitchell     28
  Silberberg &
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4753772.2.1                                                             3
                                    STIPULATION AND [PROPOSED] ORDER RE ADDITIONAL NAMED PLAINTIFFS

								
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