1 f?elw 4 NOV 1211 O3USDc-tee UNITED STATES DISTRICT COURT DISTRICT OF OREGON In re ELECTRO SCIENTIFIC INDUSTRIES, INC. SECURITIES LITIGATION This Document Relates To: ALL ACTIONS. No. CV HA CLASS ACTION PROPOSED ] ORDER AWARDING REPRESENTATIVE PLAINTIFFS' COUNSEL'S ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES DATE: November 19, 2004 TIME: 1:30 p.m. COURTROOM: The Honorable Ancer L. Haggerty [PROPOSED] ORDER AWARDING COUNSEL'S
2 This matter having come before the Court on November 19, 2004, on the motion of plaintiffs' counsel for an award of attorneys' fees and reimbursement of expenses incurred in the Litigation, the Court, having considered all papers filed and proceedings conducted herein, having found the settlement of this action to be fair, reasonable and adequate and otherwise being fully informed in the premises and good cause appearing therefor; IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. All of the capitalized terms used herein shall have the same meanings as set forth in the Stipulation of Settlement dated as of April 16, 2004 (the "Stipulation"), and filed with the Court. 2. This Court has jurisdiction over the subject matter of this application and all matters relating thereto, including all members of the Class who have not timely and validly requested exclusion. 3. The Court hereby awards Plaintiffs' Settlement Counsel's attorneys' fees of 25% of the Settlement Fund plus reimbursement of litigation expenses in the amount of $193,574.58, together with the interest earned thereon for the same time period and at the same rate as that earned on the Settlement Fund until paid. The Court finds that the "benchmark" percentage is appropriate and that the amount of fees awarded are fair and reasonable under the "percentage-of-recovery" method. 4. The fees and expenses shall be allocated among Representative Plaintiffs' Counsel by Plaintiffs' Settlement Counsel in a manner which, in Plaintiffs' Settlement Counsel's good-faith judgment, reflects each such Representative Plaintiffs' Counsel's contribution to the institution, prosecution and resolution of the Litigation. 5. The awarded attorneys' fees and expenses and interest earned thereon shall immediately be paid to Plaintiffs' Settlement Counsel subject to the terms, conditions and [PROPOSED] ORDER AWARDING COUNSEL' S Page I
3 obligations of the Stipulation, and in particular 6.2 thereof which terms, conditions and obligations are incorporated herein. IT IS SO ORDERED. DATED: I I - (q- b THE HONOR AB E A C L H Y UNITED STATES DISTRICT JUDGE Submitted by: GRENLEY, ROTENBERG, EVANS, BRAGG & BODIE, P.C. GARY I. GRENLEY, OSB No ARIGREj EY 1211 S.W. Fifth Avenue, Suite 1100 Portland, OR Telephone : 503/ / (fax) LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP PATRICK J. COUGHLIN DENNIS J. HERMAN CONNIE M. CHEUNG 100 Pine Street, Suite 2600 San Francisco, CA Telephone : 415/ / (fax) LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP WILLIAM S. LERACH DARREN J. ROBBINS JEFFREY D. LIGHT J J L ; FFR;EY D. LIG [PROP SED ] ORDER AWA ING COUNSEL'S Page 2
4 401 B Street, Suite 1700 San Diego, CA Telephone: 619/ / (fax) LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP SAMUEL H. RUDMAN DAVID A. ROSENFELD 200 Broadhollow Road, Suite 406 Melville, NY Telephone : 631/ / (fax) STOLL STOLL BERNE LOKTING & SHLACHTER P.C. GARY M. BERNE, OSB No TIMOTHY S. DeJONG, OSB No S.W. Oak Street, 5th Floor Portland, OR Telephone: 503/ / (fax) WILLIAM K. CAVANAGH, JR. CAVANAGH & O'HARA 407 E. Adams Street Springfield, IL Telephone: 217/ / (fax) Plaintiffs' Counsel S:ASetdementAEkctro Scicntitic.setAORD doc [PROPOSED] ORDER AWARDING COUNSEL' S Page 3
5 DECLARATION OF SERVICE BY MAIL I, the undersigned, declare: 1. That declarant is and was, at all times herein mentioned, a citizen of the United States and a resident of the County of San Diego, over the age of 18 years, and not a party to or interest in the within action; that declarant's business address is 401 B Street, Suite 1700, San Diego, California That on November 12, 2004, declarant served the [PROPOSED] ORDER AWARDING REPRESENTATIVE PLAINTIFFS' COUNSEL'S ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES by depositing a true copy thereof in a United States mailbox at San Diego, California in a sealed envelope with postage thereon fully prepaid and addressed to the parties listed on the attached Service List. 3. That there is a regular communication by mail between the place of mailing and the places so addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed this 12th day of November, 2004, at San Diego, California. ADRIANA DEL CARMEN
6 ELECTRO SCIENTIFIC INDUSTRIES (LEAD) Service List - 11/10/2004 ( ) Pang 1 of 7 Counsel For Defendant(s) Robert D. Newell Davis Wright Tremaine LLP 1300 S.W. Fifth Avenue, Suite 2300 Portland, OR / / (Fax) *Milo Petranovich Lane Powell Spears Lubersky LLP 601 S.W. 2nd Avenue, Suite 2100 Portland, OR / / (Fax) Peter H. Glade Markowitz, Herbold, Glade & Mehlhaf, P.C S.W. Fifth Avenue, Suite 3000 Portland, OR / / (Fax) *Thomas V. Dulcich Nathan A. Schwartz Sykes B. Scott Whipple Schwabe, Williamson & Wyatt Suites , Pacwest Center 1211 S.W. Fifth Avenue Portland, OR / / (Fax) 'Barnes H. Ellis Stoel Rives LLP 900 S.W. Fifth Avenue, Suite 2300 Portland, OR / / (Fax) Douglas A. Clark Wilson Sonsini Goodrich & Rosati, P.C. 650 Page Mill Road Palo Alto, CA / / (Fax) *Denotes service via overnight delivery.
7 ELECTRO SCIENTIFIC INDUSTRIES (LEAD) Service List - 11 /10/2004 ( ) Pane 7 of 9 Counsel For Plaintiff(s) Gary I. Grenley Grenley, Rotenberg, Evans, Bragg & Bodie, P.C 1211 SW Fifth Avenue, Suite 1100 Portland, OR / / (Fax) Samuel H. Rudman Lerach Coughlin Stoia Geller Rudman & Robbins LLP 200 Broadhollow Road, Suite 406 Melville, NY / / (Fax) William S. Lerach Darren J. Robbins Lerach Coughlin Stoia Geller Rudman & Robbins LLP 401 B Street, Suite 1700 San Diego, CA / / (Fax) Patrick J. Coughlin Dennis J. Herman Connie M. Cheung Lerach Coughlin Stoia Geller Rudman & Robbins LLP 100 Pine Street, Suite 2600 San Francisco, CA / / (Fax) Gary M. Berne Timothy S. DeJong David Rees Stoll Stoll Berne Lotking & Shlachter P.C. 209 SouthWest Oak Street, 5th Floor Portland, OR / / (Fax)