United States District Court Western District of Texas (Austin Division) (March 17th, 2008)
This Stipulation dated as of December 6, 2007 (the Derivative Stipulation) is submitted pursuant to Rule 23.1 of the Federal Rules of Civil Procedure. Subject to the approval of the United States District Court for the Western District of Texas Austin Division (the Court), this Derivative Stipulation is entered into among plaintiff (Derivative Plaintiff) in the above-captioned action (the Derivative Action), nominal defendant Motive, Inc. (Motive or the Company) and certain of Motives current and former directors and officers who have been named defendant this action, including Scott L. Harmon, Paul M. Baker, Virginia Gambale, Michael J. Maples, Sr., Tom Meredith, David Sikora, Harvey White, Eric L. Jones, Michael LaVigna and John D. Thornton (the Settling Individual Defendants) (together with Motive, the Defendants), by and through their respective counsel.
Stipulation and Agreement of Partial Settlement (March 17th, 2008)
This Stipulation and Agreement of Partial Settlement dated December 6, 2007 (the Stipulation), is made and entered into pursuant to Rule 23 of the Federal Rules of Civil Procedure by and among Lead Plaintiffs Lisa St. Aubin, Sara Jackson and the City of Bethleham Aggregated Pension Fund (Lead Plaintiffs), on behalf of themselves and the Class (as defined below), and defendants Motive, Inc. (Motive or the Company), Scott L. Harmon (Harmon), Paul M. Baker (Baker), R. Logan Wray (Wray), Eric J. Jones (Jones), Michael LaVigna (LaVigna), Michael J. Maples (Maples), Thomas Meredith (Meredith), David Sikora (Sikora) and John D. Thornton (Thornton) (collectively, the Settling Defendants), by and through their respective counsel (together Lead Plaintiffs and the Settling Defendants are the Settling Parties). This partial settlement (the Settlement) specifically does not discharge or release any claims that Lead Plaintiffs or the Class have against Motives former outside auditor, non-settling de
Compromise Settlement Agreement and Mutual Release (March 17th, 2008)
This Compromise Settlement Agreement and Mutual Release (the Agreement) is made by and between Motive, Inc. (Motive), Scott L. Harmon, Paul M. Baker, R. Logan Wray, Scott D. Abel, and Douglas F. McNary (collectively, the Officers); Eric L. Jones, Michael LaVigna, Michael J. Maples, Tom Meredith, David Sikora, John D. Thornton, Virginia Gambale, and Harvey White (collectively, the Directors) (and collectively, Motive, the Officers and the Directors are referred to herein as the Motive Parties) and Genesis Insurance Company (Genesis). All of the preceding individuals and entities are sometimes collectively referred to herein as the Parties or each separately as a Party.