Free Order - District Court of California - California

Case 3:07-cv-02602-JSW

Document 11

Filed 01/24/2008

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

GLANCY BINKOW & GOLDBERG LLP Lionel Z. Glancy, #134180 Andy Sohrn, # 241388 1801 Avenue of the Stars, Suite 311 Los Angeles, CA 90067 Telephone: (310)201-9150 Facsimile: (310)201-9160 E- mail: [email protected] Attorneys for Lead Plaintiffs [Additional Counsel on Signature Page] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. 3:07-cv-00374-JSW In re Alvarion Ltd. Securities Litigation STIPULATION FOR DISMISSAL AND [PROPOSED] ORDER THEREON Hon. Jeffrey S. White

TO THIS HONORABLE COURT: 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

STIP FOR DISMISSAL AND [PROPOSED] ORDER THEREON NO . C-07-0374-JSW

-1-

Case 3:07-cv-02602-JSW

Document 11

Filed 01/24/2008

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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. DATED: January 23, 2008 GLANCY BINKOW & GOLDBERG LLP By: /s/ Andy Sohrn Andy Sohrn Lionel Z. Glancy 1801 Avenue of the Stars, Suite 311 Los Angeles, California 90067 Telephone: (310) 201-9150 Facsimile: (310) 201-9160 Jacob Sabo THE LAW OFFICE OF JACOB SABO The Tower, No. 3 Daniel Frisch St. 15th Floor Tel Aviv, Israel 64731 Telephone: 011 972 3 607 88 88 Facsimile: 011 972 3 607 88 89 _

STIP FOR DISMISSAL AND [PROPOSED] ORDER THEREON NO . C-07-0374-JSW

-2-

Case 3:07-cv-02602-JSW

Document 11

Filed 01/24/2008

Page 3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIP FOR DISMISSAL AND [PROPOSED] ORDER THEREON NO . C-07-0374-JSW

William B. Federman FEDERMAN & SHERWOOD 10205 N. Pennsylvania Oklahoma City, OK 73120 Telephone: (405) 235-1560 Facsimile: (405) 239-2112 Attorneys for Lead Plaintiffs Furkan M. Khan and Rahul Saraf DATED: January 23, 2008 WILSON SONSINI GOODRICH & ROSATI, Professional Corporation /s/ Rodney G. Strickland, Jr. Rodney G. Strickland, Jr. 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: (650) 493-9300 Facsimile: (650) 565-5100 By: _

Attorneys for Defendants Alvarion Ltd., Zvi Slonimsky, Dafna Gruber, and Tzvika Friedman ** ORDER ** 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 and costs. IT IS SO ORDERED. January 24, 2008 Dated:___________________ __________________________ The Honorable Jeffrey S. White United States District Judge

-3-