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IN RE LEXAR MEDIA

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; and
2. Each side will bear its own attorneys' fees and costs incurred in this action. ORDER
IT IS SO ORDERED.
20050906

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