Free Stipulation - District Court of Delaware - Delaware

‘ Case 1 :04-cv-00831-SLR Document 90 Filed 10/20/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE VERITAS SOFTWARE CORP. Case No: 04-CV-831 (SLR)
SECURITIES LITIGATION Consolidated Action
THIS DOCUMENT RELATES TO:
All Actions
STIPULATION AND [PROPOSED] ORDER
REGARDING CLASS CERTIFICATION
J WHEREAS, on July 7, 2004, plaintiff John Kuck filed in this District the first of three
securities class action complaints against Veritas Software Corporation ("Veritas") and certain of
its officers (collectively "Defendants");
WHEREAS, on March 3, 2005, the Court appointed Tay Siew Choon and Mark Leonov
as Lead Plaintiffs ("Plaintiffs");
WHEREAS, Plaintiffs tiled their Consolidated Amended Class Action Complaint
("CAC") on May 27, 2005 alleging claims under Sections 10(b) and 20(a) of the Securities
( Exchange Act of 1934, 15 U.S.C. §§ 78j(b) and 78t(a), and Rule 10b-5 promulgated thereimder,
17 C.F.R. § 240.10b—5;
WHEREAS, on May 23, 2006, the Court denied Defendants’ Motion to Dismiss;
WHEREAS, Defendants iiled their Answer to the CAC on June 7, 2006;
WHEREAS, Plaintiffs filed their Second Consolidated Amended Class Action Complaint
("SAC") on August 16, 2006, amending only the class definition and conforming the SAC
accordingly, pursuant to a stipulation between the parties;
Stipulation and Order Regarding Class Certification

Case 1:04-cv-00831-SLR Document 90 Filed 10/20/2006 Page 2 of 4
WHEREAS, Defendants completed their desired class discovery for the purpose of this
Stipulation;
WHEREAS, the parties have conferred regarding class certification and the
requirements set forth in Rule 23 of the Federal Rules of Civil Procedure and have agreed,
subject to approval of the Court, to the terms and conditions set forth in this stipulation;
NOW THEREFORE, the parties, by and through their undersigned counsel, hereby
stipulate as follows:
l. This action is certified to proceed as a class action pursuant to Rule 23 of the
Federal Rules of Civil Procedure and shall consist of a "Class" of all individuals and entities that
purchased or otherwise acquired positions in Veritas publicly traded securities, including, but not
limited to, those individuals and entities that sold put options and bought call options, during the
period between April 23, 2003 and July 6, 2004, inclusive (the "Class Period"). Excluded from
the Class are the Company, its officers and directors, employees, affiliates, legal representatives,
heirs, predecessors, successors and assigns, and any entity in which the Company has a
controlling interest or of which the Company is a parent or subsidiary.
2. Lead plaintiffs Tay Siew Choon and Mark Leonov are hereby designated as the
Class representatives.
3. Wechsler Harwood LLP, Labaton Sucharow & Rudoff LLP and Schatz Nobel
Izard P.C. are appointed as Co-Lead Counsel for the Class and Rosenthal, Monhait & Goddess,
P.A. is appointed as Liaison Counsel for the Class pursuant to Rule 23(g).
4. This stipulation is without prejudice to Defendants’ right, in accordance with Rule
23(c)(1)(c) of the Federal Rules of Civil Procedure, to seek to alter or amend this Order; nothing
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Stipulation and Order Regarding Class Certification

Case 1 :04-cv-00831-SLR Document 90 Filed 10/20/2006 Page 3 of 4
in this Order shall be construed as a limitation on Defendants’ right to seek additional class
discovery for this or any other purpose;
5. Within thirty (30) days of entry of this Order, Co-Lead Counsel, after meeting and
conferring with counsel for Defendants, shall submit to the Court for its review a proposed form
of notice and a proposed schedule for disseminating notice to the Class.
AGREED TO BY:
DATED: October 20, 2006 AL, MONHAIT & GODDESS, P.A.
wm may
Norman Monhait (DSBA #1040)
Citizens Bank Center, Ste. 1401
P. O. Box 1070
Wilmington, DE 19899
Tel: (302) 656-4433
Proposed Liaison Counsel for the Class
VVECHSLER HARWOOD LLP
Robert I. Harwood
Jeffrey M. Norton
488 Madison Avenue
New York, NY 10022
Tel: (212) 935-7400
LABATON SUCHAROW & RUDOFF LLP A
Ira A. Schochet
David J. Goldsmith
100 Park Avenue
New York, NY 10017
Tel: (212) 907-0700
SCHATZ NOBEL IZARD P.C.
Andrew M. Schatz
Barbara F. Wolf
One Corporate Center
20 Church St., Ste 1700
Hartford, CT 06103
Tel: (860) 493-6292
Proposed Co-Lead Counsel for the Class
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Stipulation and Order Regarding Class Certification

Case 1 :04-cv-00831-SLR Document 90 Filed 10/20/2006 Page 4 of 4
DATED: October 20, 2006 POTTER ANDERSON & CORROON LLP
I Q L J ZS " `
Peter *7 , Jr. (DSBA #
1313 N. · :. et St.
Hercules Plaza, 6th Fl.
P. O. Box 951
Wilmington, DE 19899-0951
Tel: (302) 984-6037
WILSON SONSINI GOODRICH & ROSATI
Nina F. Locker
Peri B. Nielsen
David L. Lansky
650 Page Mill Road
Palo Alto, CA 94304
Tel: (650) 493-9300
Attorneys for Defendants
SO ORDERED:
DATED this day of , 2006.
Hon. Sue L. Robinson,
United States District Judge
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