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Gaylord Laplante, On Behalf of Himself and All Others Similarly Situated v. Rae Systems Inc.

December 15, 2011

GAYLORD LAPLANTE, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
RAE SYSTEMS INC., ROBERT I. CHEN, PETER C. HSI, RANDALL GAUSMAN, LYLE D. FEISEL, SIGRUN HJELMQUIST, JAMES W. POWER, KEH-SHEW LU, SUSAN WANG, BATTERY VENTURES,
DEFENDANTS.



The opinion of the court was delivered by: The Honorable Jeffrey S. White United States District Court Judge

DEAN S. KRISTY (CSB No. 157646) dkristy@fenwick.com 2 KEVIN P. MUCK (CSB No. 120918) kmuck@fenwick.com 3 MARIE BAFUS (CSB. No. 258417) mbafus@fenwick.com 4 FENWICK & WEST LLP 555 California Street, 12th Floor 5 San Francisco, California 94104 Telephone: (415) 875-2300 6 Facsimile: (415) 281-1350 7 Attorneys for Defendants RAE Systems Inc., Randall Gausman, Lyle D. Feisel, Sigrun Hjelmquist, James W. 8 Power, Keh-Shew Lu and Susan Wang 9 10

CLASS ACTION

STIPULATION AND [PROPOSED] ORDER OF DISMISSAL

IT IS HEREBY STIPULATED, by and between plaintiff Gaylord LaPlante ("Plaintiff"), 23 defendants RAE Systems, Inc. ("RAE" or the "Company"), Robert I. Chen, Peter C. Hsi, Randall 24 Gausman, Lyle D. Feisel, Sigrun Hjelmquist, James W. Power, Keh-Shew Lu and Susan Wang 25 (collectively, "Defendants"), through their respective counsel of record, as follows: 26 WHEREAS, on November 1, 2010, Plaintiff filed his class action complaint (the "Complaint") in the above-captioned action; 28 2 of earlier filed proceedings commenced in the Delaware Chancery Court; 6 affiliate of Battery Ventures for $1.60 per share that was never consummated; 7 8 affiliate of Vector Capital for $2.25 per share, and that acquisition was completed on June 16, 9

WHEREAS, Plaintiff voluntarily dismissed his claims against Battery Ventures with 11 prejudice on July 12, 2011;

WHEREAS, this action was stayed by order of this Court, dated January 10, 2011, in light

WHEREAS, none of the Defendants has responded to the Complaint;

WHEREAS, no class has been certified in this case;

WHEREAS, the Complaint is based on a proposed transaction between RAE and an

WHEREAS, on June 9, 2011, RAE shareholders approved a sale of the Company to an 2011; 10

WHEREAS, by this Stipulation and [Proposed] Order of Dismissal, Plaintiff and his counsel have agreed to voluntarily dismiss all claims alleged in the instant action without prejudice, and without payment or other consideration;

WHEREAS, each side agrees to bear its own attorneys' fees and costs and waives any claim against the other, including their counsel, for malicious prosecution, abuse of process, 17 violations of Federal Rule of Civil Procedure 11 or any other claim arising out of, or in any way 18 relating to or in connection with, the initiation, prosecution, assertion, defense or resolution of 19 this action. 20 stipulate and agree: 22

NOW, THEREFORE, the parties, through their respective undersigned counsel, hereby

1. The parties to this action submit this Stipulation and [Proposed] Order of Dismissal pursuant to Rules 41(a) and 23 of the Federal Rules of Civil Procedure and request that 24 the Court dismiss this ...


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