The opinion of the court was delivered by: The Honorable Jeffrey S. White United States District Judge
STIPULATION FOR DISMISSAL AND [PROPOSED] ORDER THEREON
Lead Plaintiffs Furkan M. Khan and Rahul Saraf (collectively, "Lead Plaintiffs") and defendants Alvarion Ltd., Zvi Slonimsky, Dafna Gruber and Tzvika Friedman (collectively, "Defendants"), hereby stipulate to the dismissal of this consolidated putative class action and each complaint filed therein (the "Action") on the terms set forth below.
1. The Action shall be dismissed in its entirety pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. Each side shall bear its own fees and costs.
2. Lead Plaintiffs agree that they will not assert, in this or any other Court, any claims or causes of action, of any kind whatsoever, whether known or unknown, which Lead Plaintiffs may now have or have ever had, against any named defendant or their counsel, relating to or arising out of or in connection with any of the claims, facts, matters, omissions or occurrences referred to in, or that could have been raised in, or which are the subject matters of, the Action.
Nothing herein, however, shall preclude either Lead Plaintiff from being an unnamed class member in any future litigation in which it may be a member of the putative class, or from participating on the same terms as any other unnamed class member in such actio n.
3. Each Defendant hereby releases any claims or causes of action, of any kind whatsoever, whether known or unknown, suspected or unsuspected, anticipated or unanticipated, which it may now have or have ever had, or hereafter can, shall or may have against Lead Plaintiffs and their counsel relating to or arising out of or in connection with the filing and prosecution of the Action.
4. This dismissal is without prejudice to the rights of any other purported member of the putative class alleged in this Action.
Pursuant to the foregoing stipulation, this consolidated putative shareholder class action and each complaint filed therein are dismissed in their entirety on the terms set forth above and without prejudice to any purported member of the putative class action alleged in the action.
Each side shall bear its own fees ...