Watkins v. ShoreTel, Inc. et al

Filing 102

ORDER of Dismissal with prejudice of Lehman Brothers Inc re 99 Stipulation filed by Art Landesman, Loren Swanson, Lehman Brothers, Inc. terminated.. Signed by Judge Charles R. Breyer on 6/21/2010. (be, COURT STAFF) (Filed on 6/21/2010)

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Lewis S. Kahn (admitted pro hac vice) [e-mail] Sarah C. Boone (Bar No. 268813) [e-mail] KAHN SWICK & FOTI, LLC 206 Covington Street Madisonville, LA 70447 Tel: [phone] Fax: [phone] Lead Counsel for Lead Plaintiffs and the Class UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) )

Case No.: C-08-00271-CRB CLASS ACTION STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE OF LEHMAN BROTHERS INC.

In re SHORETEL, INC. SECURITIES LITIGATION

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IT IS HEREBY STIPULATED AND AGREED by and between the Plaintiffs Loren Swanson and Art Landesman (the "Lead Plaintiffs"), all persons or entities that purchased the common stock of ShoreTel, Inc.("ShoreTel") pursuant or traceable to ShoreTel's Initial Public Offering Prospectus and Registration Statement, or on the open market from July 3, 2007 through January 29, 2008, inclusive (the "Class" as defined in Paragraph 1.4 the Stipulation of Settlement filed concurrently herewith) and Defendant Lehman Brothers Inc. ("LBI"), by and through James W. Giddens, Trustee (the "Trustee") for the Liquidation of the business of LBI pursuant to the Securities Investor Protection Act (collectively, the "Parties"), through their respective attorneys of record, that, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, any and all claims and causes of action asserted by the Lead Plaintiffs and the Class against LBI in the above captioned class action are dismissed with prejudice and without costs or fees (including attorneys' fees) in favor of any party. IN WITNESS WHEREOF, the parties hereto have caused the Stipulation to be executed by their duly authorized attorneys. DATED: June 4, 2010 By:___/s/ Kim E. Miller____ KIM E. MILLER (178380) KAHN SWICK & FOTI, LLC 500 5th Ave, Suite 1810 New York, NY 10110 Tel: [phone] Fax: [phone] Email: [e-mail] -andLEWIS S. KAHN (Pro Hac Vice) KAHN SWICK & FOTI, LLC 206 Covington Street Madisonville, LA 70447 Tel: [phone] Fax: [phone] Email: [e-mail] Lead Counsel for Lead Plaintiffs and the Class

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STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE OF LEHMAN BROTHERS INC. CASE NO. C-08-00271-CRB

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DATED: June 4, 2010

By: __/s/ Noah Graf____ NOAH GRAFF HUGHES HUBBARD & REED LLP 350 South Grand Avenue Los Angeles, CA 90071-3442 Tel: [phone] Fax: [phone] Email: [e-mail] Counsel for James W. Giddens, as Trustee for the SIPA Liquidation of Lehman Brothers Inc.

[PROPOSED] ORDER Based upon the above Stipulation of the Parties and for good cause appearing therefor, IT IS SO ORDERED. DATED: __________, 2010 June 21

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STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE OF LEHMAN BROTHERS INC. CASE NO. C-08-00271-CRB

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