Stipulation of Settlement (July 22nd, 2016)
This Stipulation of Settlement, dated July 18, 2016 ("Stipulation" or "Settlement"), is made and entered into by and among the following parties, and by and through their respective counsel: (i) Lead Plaintiff Amalgamated Bank, as Trustee for the Longview 600 Small Cap Index Fund in the action captioned Amalgamated Bank, as Trustee for the Longview 600 Small Cap Index Fund v. Macon F. Brock, Jr., et al., Civil Action No. 4:15-cv-30; Plaintiff R. Andre Klein in the action captioned R. Andre Klein v. Macon F. Brock, Jr., et al., Civil Action No. 4:15-cv-16; and Plaintiff Phuc Doan in the action captioned Phuc Doan v. Macon F. Brock, Jr., et al., Civil Action No. 4:15-cv-25 (on behalf of themselves and derivatively on behalf of Lumber Liquidators Holdings, Inc.) ("Lumber Liquidators" or the "Company") (collectively, the "Actions"); (ii) Defendants Thomas D. Sullivan, Douglas T. Moore, John M. Presley, Macon F. Brock, Jr., Peter B. Robinson, Martin F. Roper, Jimmie L. Wade, Nancy M. Taylor
Stipulation and Agreement of Settlement (July 12th, 2016)
This Stipulation and Agreement of Settlement, dated as of June 15, 2016 (the "Stipulation"), is entered into between (a) Gregg Kiken, Keith Foster, David Lorenzo and Charles Hickman (collectively "Lead Plaintiffs"), on behalf of themselves and the Settlement Class (defined below); and (b) defendant Lumber Liquidators Holdings, Inc. ("Lumber Liquidators"), and defendants Thomas D. Sullivan, Robert M. Lynch, Daniel E. Terrell and William K. Schlegel (collectively, the "Individual Defendants," and, together with Lumber Liquidators, the "Defendants") by and through their respective undersigned counsel, and embodies the terms and conditions of the settlement of the above-captioned action (the "Action").1 Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally and forever compromise, settle, release, resolve, and dismiss with prejudice the Action and all claims asserted therein against Defendants.
Separation and Release Agreement (August 5th, 2015)
This Separation and Release Agreement ("Agreement"), dated July 21, 2015, by and between Lumber Liquidators Services, LLC ("LL") and William K. Schlegel ("Employee"), states as follows: