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Case 2:07-cv-02750-CAS-SH Document 196 Filed 11/12/2009 Page 2 of 9
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Howard Bailey, Steven M. Krausz, Robert B. Abbott, Thomas Weisel Partners LLC
(“TWP”), USVP 5 Funds and USVP 7 Funds (“USVP”), Norwest Venture Partners,
Norwest Venture VIII L.P. and NVP Entrepreneurs Fund VIII L.P. (“NVP”),
PricewaterhouseCoopers LLP, and Singer Lewak Greenbaum & Goldstein LLP
(“Singer Lewak”) (the “Defendants,” collectively the “Parties”), and the Court has
reviewed the Stipulation and its attached Exhibits; and
WHEREAS, the Parties having made application, pursuant to Federal Rule of
Civil Procedure 23(e), for an order preliminarily approving the settlement of the
Litigation, in accordance with the Stipulation which, together with the Exhibits
annexed thereto, sets forth the terms and conditions for a proposed settlement of the
Litigation and for dismissal of the Litigation with prejudice upon the terms and
conditions set forth therein; and the Court having read and considered the Stipulation
and the Exhibits annexed thereto; and
WHEREAS, all defined terms contained herein shall have the same meanings as
set forth in the Stipulation;
NOW, THEREFORE, IT IS HEREBY ORDERED:
1. The Court hereby certifies the following class for settlement purposes
only:
All Persons or entities (and their beneficiaries) who (a) purchased or
otherwise acquired the common stock of Occam between April 29, 2004
and October 15, 2007, inclusive, and/or (b) purchased during the Class
Period the common stock of Occam in or traceable to Occam’s
November 2006 secondary public offering. Excluded from the Class are
the Defendants, members of the immediate families of the Defendants,
the former and current directors, officers, subsidiaries and affiliates of
the Defendants, as well as any person, firm, trust, corporation, officer,
director or other individual or entity in which any Defendant has a
controlling interest and the legal representatives, affiliates, heirs,
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