Data Key Partners v. Permira Advisers LLC et al

Filing 76

ORDER OF DISMISSAL. Signed by District Judge Barbara B. Crabb on 11/28/2011. (arw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WISCONSIN

LAWRENCE BASS, PAUL BERGER AND
ROBERT GARFIELD, PARTNERS OF
DATA KEY PARTNERS, ON BEHALF OF
DATA KEY PARTNERS AND ALL
OTHERS SIMILARLY SITUATED,
Plaintiff,
Case No. ll-CV-688-bbc

v.
PERMIRA ADVISERS LLC, RAPHAEL
HOLDING COMPANY, RAPHAEL
ACQUISITION CORP., TERRANCE D.
PAUL, JUDITH AMES PAUL, ADDISON L.
PIPER, HAROLD E. JORDAN, MARK D.
MUSICK, RANDALL J. ERICKSON, and
GLENN R. JAMES,

Defendants,

STIPULATION OF DISMISSAL AND ORDER OF DISMISSAL

WHEREAS this action is a putative shareholder class action brought by Plaintiffs on
behalf of themselves and a proposed class of certain former public shareholders of Renaissance
Learning, Inc.; and

WHEREAS federal jurisdiction originally rested on asserted violations of Section 14(a)
of the Securities Exchange Act of 1934, 15 U.S.C. § 78n(a), and Rule 14a-9 promulgated
thereunder, 17 C.F.R. § 240.14a-9; and

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WHEREAS Plaintiffs deleted these claims in their First Amended Class Action
Complaint, thereby raising questions as to the continuing propriety of litigating this case in
federal court; and

WHEREAS a substantially similar action on behalf of the same proposed class is
pending in the Circuit Court of Wood County, Wisconsin (the "State Action"); and

WHEREAS the State Action was commenced prior to the present action, making it the
first filed action; and

WHEREAS the parties agree that two essentially identical actions on behalf of the same
putative class should not proceed simultaneously in two separate courts; and

WHEREAS the parties agree that the pendency of the State Action wi II protect any
claims putative class members may have; and

WHEREAS because the parties are stipulating to dismissal of the present action without
prejudice, the parties agree that notice to putative class members is not required by Fed. R. Civ.
P.23(e),

NOW THEREFORE, it is stipulated as follows, subject to approval of the Court:
1. This action is dismissed without prejudice and with all parties to bear their own fees and
costs. No consideration has been furnished or promised to Plaintiffs or their counsel for
the dismissal of this action.
2. Notice to the putative class shall not be required or given both because the dismissal is
without prejudice and because putative class members are protected by the continued
pendency of the State Action.

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IT IS SO STIPULATED

Dated: November 28, 2011

/s/ Mark Lawrence Thomsen

/s/ Howard A. Pollack

Mark Lawrence Thomsen

Howard A. Pollack
Michael B. Apfeld

Cannon & Dunphy, S.C.
595 North Barker Road
P.O. Box 1750
Brookfield, WI 53008
262-796-3703
and

Godfrey & Kahn, S.C.
780 North Water Street
Milwaukee, WI 53202
414-273-3500

Richard Brualdi
Gaitri Boodhoo
Lauren C. Watson
David Titus

Attorneys for Renaissance Learning, Inc. and
all individual Defendants other than the Pauls

The Brualdi Law Firm, P.C.
29 Broadway, 24 th Floor
New York, NY 10006

Attorneys for Plaintiffs

/s/ Andrew J. Wronski

/s/ David J. Harth

Andrew J. Wronski
Nancy J. Sennett
Eric G. Pearson

David J. Harth
John S. Skilton
Jeff J. Bowen
Truscenialyn Brooks

Foley & Lardner LLP
777 East Wisconsin Avenue
Milwaukee, WI 53202
414-271-2400
and

Garrett J. Waltzer

Perkins Coie LLP
One East Main Street, Suite 201
Madison, WI 53703
608-663-7470
and

Skadden, Arps, Slate, Meagher & Flom LLP
525 University Avenue
Palo Alto, CA 94301-1908

Vincent J. Connelly
Jonathan C. Medow
Matthew C. Sostrin

Matthew R. Kipp

Mayer Brown LLP
71 South Wacker Drive
Chicago, IL 60606

Skadden, Arps, Slate, Meagher & Flom LLP
155 North Wacker Drive
Chicago, IL 60606

Attorneys for Defendants Terrance D. Paul
and Judith Ames Paul

Attorneys for Defendants Raphael Holding
Company and Perm ira Advisers LLC
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ORDER
Having read the above stipulation and approving thereof, it is ORDERED:
1. This action is dismissed without prejudice and with all parties to bear their own fees and
costs.

Dated: Novembertt2011

United States District Judge

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