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)

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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 1 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. 2 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 3 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 4

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