In Re Sunpower Corporation Shareholder Derivative Litigation

Filing 50

Stipulation and Order Regarding Dismissal with Prejudice of Entire Action. Signed by Judge Richard Seeborg on 9/9/14. (cl, COURT STAFF) (Filed on 9/9/2014)

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BOTTINI & BOTTINI, INC.
FRANCIS A. BOTTINI, JR. (175783)
[e-mail]
7817 Ivanhoe Avenue, Suite 102
La Jolla, CA 92037
Telephone: [phone]
Facsimile: 858/914-2002

6 ROBBINS ARROYO LLP
7 MARC M. UMEDA (197847)
[e-mail]
8 GEORGE C. AGUILAR (126535)
[e-mail]
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ASHLEY R. PALMER (246602)
10 [e-mail]
600 B Street, Suite 1900
11 San Diego, CA 92101
12 Telephone: [phone]
Facsimile: 619/525-3991
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Co-Lead Counsel for Plaintiffs
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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IN RE SUNPOWER CORPORATION
19 SHAREHOLDER DERIVATIVE
LITIGATION
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21 This Document Relates To:
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ALL ACTIONS

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Master File No. C 09-05731-RS
Honorable Richard Seeborg
STIPULATION AND [PROPOSED]
ORDER REGARDING DISMISSAL
WITH PREJUDICE OF ENTIRE ACTION

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STIPULATION AND [PROPOSED] ORDER RE DISMISSAL
WITH PREJUDICE OF ENTIRE ACTION
MASTER FILE NO. C 09-05731-RS

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WHEREAS, the present action pending before this Court is a shareholder derivative

2 action brought on behalf of Sunpower Corporation;
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WHEREAS, Plaintiffs’ claims were settled as part of a global settlement of three

4 shareholder derivative claims brought on behalf of Sunpower Corporation. The settlement was
5 presented for approval in a related California state court action entitled In re Sunpower
6 Corporation Shareholder Derivative Litigation, Lead Case No. 1:09-CV-158522 (Consolidated
7 with Case No. 1:09-CV-159022) filed in the Superior Court of the State of California, County of
8 Santa Clara. By Final Judgment dated August 22, 2014, the Santa Clara County Superior Court
9 approved the settlement. A true and correct copy of the Final Judgment is attached hereto as
10 Exhibit 1.
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WHEREAS, in accordance with the Settlement and Final Judgment, Plaintiffs in the

12 instant action are required to seek dismissal of this entire action and all claims against all
13 defendants with prejudice.
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WHEREAS, other than as provided in the Final Judgment, each party to the present

15 action has agreed to bear their own costs and attorneys’ fees.
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NOW THEREFORE, IT IS STIPULATED AND AGREED by all parties, through their

17 respective counsel of record, as follows:
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The entire action and all claims and defenses are hereby dismissed with prejudice;

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Each party shall bear its own fees, costs, and expenses.

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21 DATED:
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September 8, 2014

BOTTINI & BOTTINI, INC.
FRANCIS A. BOTTINI, JR.
/s/ Francis A. Bottini, Jr.
FRANCIS A. BOTTINI, JR.
7817 Ivanhoe Avenue, Suite 102
La Jolla, CA 92037
Telephone: [phone]
Facsimile: 858/914-2002

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STIPULATION AND [PROPOSED] ORDER RE DISMISSAL
WITH PREJUDICE OF ENTIRE ACTION
MASTER FILE NO. C 09-05731-RS

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ROBBINS ARROYO LLP
MARC M. UMEDA
GEORGE C. AGUILAR
ASHLEY R. PALMER
600 B Street, Suite 1900
San Diego, CA 92101
Telephone: [phone]
Facsimile: 619/525-3991

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Co-Lead Counsel for Plaintiffs

7 DATED: September 8, 2014

MORRISON & FOERSTER LLP
JORDAN ETH
JUDSON E. LOBDELL

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/s/ Judson E. Lobdell
JUDSON E. LOBDELL

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425 Market Street
San Francisco, CA 94015-2482
Telephone: [phone]
Facsimile: 415/268-7522

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Counsel for Defendants
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ATTESTATION
I, Francis A. Bottini, Jr., am the ECF user whose ID and password are being used to file this

18 Stipulation and [Proposed] Order Regarding Dismissal With Prejudice of Entire Action. In
19 compliance with Civil Local Rule 5-1(i)(3), I attest that Judson E. Lobdell has concurred in this
20 filing.
21 DATED: September 8, 2014
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s/ Francis A. Bottini, Jr.
FRANCIS A. BOTTINI, JR.

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STIPULATION AND [PROPOSED] ORDER RE DISMISSAL
WITH PREJUDICE OF ENTIRE ACTION
MASTER FILE NO. C 09-05731-RS

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***
[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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9/9/14
5 Date: ______________________
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______________________________________
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER RE DISMISSAL
WITH PREJUDICE OF ENTIRE ACTION
MASTER FILE NO. C 09-05731-RS

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