LaPlante v. Rae Systems, Inc. et al

Filing 40

ORDER GRANTING 39 Stipulation OF DISMISSAL. Signed by Judge Jeffrey S. White on 12/15/11. (jjoS, COURT STAFF) (Filed on 12/15/2011)

Case3:10-cv-04944-JSW Document39

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Filed12/14/11 Page1 of 6

DEAN S. KRISTY (CSB No. 157646)
[e-mail]
KEVIN P. MUCK (CSB No. 120918)
[e-mail]
MARIE BAFUS (CSB. No. 258417)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants RAE Systems Inc., Randall
Gausman, Lyle D. Feisel, Sigrun Hjelmquist, James W.
Power, Keh-Shew Lu and Susan Wang

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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GAYLORD LAPLANTE, on Behalf of
Himself and All Others Similarly Situated,

Case No. 5:10-cv-04944-JSW

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CLASS ACTION
Plaintiff,

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STIPULATION AND [PROPOSED]
ORDER OF DISMISSAL

v.
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RAE SYSTEMS INC., ROBERT I. CHEN,
PETER C. HSI, RANDALL GAUSMAN,
LYLE D. FEISEL, SIGRUN HJELMQUIST,
JAMES W. POWER, KEH-SHEW LU,
SUSAN WANG, BATTERY VENTURES,

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Defendants.
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IT IS HEREBY STIPULATED, by and between plaintiff Gaylord LaPlante (“Plaintiff”),

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defendants RAE Systems, Inc. (“RAE” or the “Company”), Robert I. Chen, Peter C. Hsi, Randall

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Gausman, Lyle D. Feisel, Sigrun Hjelmquist, James W. Power, Keh-Shew Lu and Susan Wang

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(collectively, “Defendants”), through their respective counsel of record, as follows:

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WHEREAS, on November 1, 2010, Plaintiff filed his class action complaint (the
“Complaint”) in the above-captioned action;

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STIPULATION AND [PROPOSED] ORDER
OF DISMISSAL

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CASE NO. 5:10-CV-04944-JSW

Case3:10-cv-04944-JSW Document39

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Filed12/14/11 Page2 of 6

WHEREAS, this action was stayed by order of this Court, dated January 10, 2011, in light
of earlier filed proceedings commenced in the Delaware Chancery Court;

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WHEREAS, none of the Defendants has responded to the Complaint;

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WHEREAS, no class has been certified in this case;

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WHEREAS, the Complaint is based on a proposed transaction between RAE and an

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affiliate of Battery Ventures for $1.60 per share that was never consummated;

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WHEREAS, on June 9, 2011, RAE shareholders approved a sale of the Company to an

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affiliate of Vector Capital for $2.25 per share, and that acquisition was completed on June 16,

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2011;

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WHEREAS, Plaintiff voluntarily dismissed his claims against Battery Ventures with
prejudice on July 12, 2011;

SAN FRANCISCO

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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WHEREAS, by this Stipulation and [Proposed] Order of Dismissal, Plaintiff and his

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counsel have agreed to voluntarily dismiss all claims alleged in the instant action without

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prejudice, and without payment or other consideration;

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WHEREAS, each side agrees to bear its own attorneys’ fees and costs and waives any

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claim against the other, including their counsel, for malicious prosecution, abuse of process,

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violations of Federal Rule of Civil Procedure 11 or any other claim arising out of, or in any way

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relating to or in connection with, the initiation, prosecution, assertion, defense or resolution of

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this action.

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NOW, THEREFORE, the parties, through their respective undersigned counsel, hereby
stipulate and agree:

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1.

The parties to this action submit this Stipulation and [Proposed] Order of

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Dismissal pursuant to Rules 41(a) and 23 of the Federal Rules of Civil Procedure and request that

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the Court dismiss this action and all claims alleged therein without prejudice.

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STIPULATION AND [PROPOSED] ORDER
OF DISMISSAL

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CASE NO. 5:10-CV-04944-JSW

Case3:10-cv-04944-JSW Document39

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Filed12/14/11 Page3 of 6

DATED: December 14, 2011

FENWICK & WEST LLP
DEAN S. KRISTY
[e-mail]

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/s/

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Dean. S. Kristy
DEAN S. KRISTY

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555 California Street, 12th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants RAE
Systems Inc., Randall
Gausman, Lyle D. Feisel,
Sigrun Hjelmquist, James W.
Power, Keh-Shew Lu and
Susan Wang

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SAN FRANCISCO

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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ROBBINS UMEDA LLP
STEPHEN J. ODDO
[e-mail]

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/s/

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Stephen J. Oddo
STEPHEN J. ODDO

600 B Street, Suite 1900
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]

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KENDALL LAW GROUP
JOE KENDALL
[e-mail]
JAMIE MCKEY
[e-mail]
3232 McKinney Avenue, Suite
700
Dallas, TX 75204
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Gaylord
LaPlante

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STIPULATION AND [PROPOSED] ORDER
OF DISMISSAL

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CASE NO. 5:10-CV-04944-JSW

Case3:10-cv-04944-JSW Document39

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WILSON SONSINI
GOODRICH & ROSATI
DAVID BERGER
[e-mail]
STEVEN GUGGENHEIM
[e-mail]

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/s/ Steven Guggenheim
STEVEN GUGGENHEIM

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650 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
Robert Chen and Peter C. Hsi

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SAN FRANCISCO

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Dean S. Kristy, attest that concurrence in the filing of this document has been obtained
from any signatories indicated by a “confirmed” signature (/s/) within this e-filed document.

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I declare under penalty of perjury under the laws of the United States of America that the

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foregoing is true and correct. Executed this 14th day of December 2011, at San Francisco,

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California.

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DATED: December 14, 2011

/s/ Dean S. Kristy
DEAN S. KRISTY

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STIPULATION AND [PROPOSED] ORDER
OF DISMISSAL

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CASE NO. 5:10-CV-04944-JSW

Case3:10-cv-04944-JSW Document39

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[PROPOSED] ORDER

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PURSUANT TO THE ABOVE STIPULATION, IT IS HEREBY ORDERED that:

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prejudice.

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3.

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The Clerk of the Court shall close the file.

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All of Plaintiff’s claims against Defendants are hereby dismissed without

All parties will bear their own costs and attorneys’ fees.

December 15
DATED: ______________ 2011
The Honorable Jeffrey S. White
United States District Court Judge

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SAN FRANCISCO

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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STIPULATION AND [PROPOSED] ORDER
OF DISMISSAL

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CASE NO. 5:10-CV-04944-JSW