United States District Court, N.D. California
September 6, 2005.
In re LEXAR MEDIA, INC. SECURITIES LITIGATION. This Document Relates to: ALL ACTIONS.
The opinion of the court was delivered by: SAMUEL CONTI, Senior District Judge
STIPULATION AND [PROPOSED] ORDER GRANTING DISMISSAL
IT IS HEREBY STIPULATED, by and among plaintiffs and defendants
Lexar Media, Inc., Eric B. Stang and Brian T. McGee
(collectively, "defendants"), through their undersigned counsel
of record, as follows:
WHEREAS, on August 30, 2004, this Court appointed The Mitchell
Group as lead plaintiffs and Schiffrin & Barroway, LLP as lead
counsel and Green & Jigarjian, LLP as liaison counsel;
WHEREAS, on October 29, 2004, plaintiffs filed a Consolidated
Amended Class Action Complaint, and in response defendants
subsequently filed a motion to dismiss;
WHEREAS, on July 5, 2005, this Court granted defendants' motion
to dismiss the Consolidated Amended Class Action Complaint on the
grounds that it failed to state a claim, and gave plaintiffs the
opportunity to file an amended complaint within thirty (30) days,
if they chose to do so;
WHEREAS, plaintiffs have chosen not to file a further amended
complaint, and the thirty-day period specified by the Court in
which to amend has now expired;
Lead plaintiffs and defendants hereby agree as follows:
1. This action should be dismissed with prejudice;
2. Each side will bear its own attorneys' fees and
costs incurred in this action. ORDER
IT IS SO ORDERED.
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