UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW HAMPSHIRE

JAMES SLOMAN, on behalf of himself and 

all others similarly situated, 

Plaintiff, 

v. 

PRESSTEK, INC., EDWARD J. MARINO 

and MOOSA E. MOOSA, 

Defendants. 

Civil Action No. 06-cv-377-JL 

 ORDER OF PRELIMINARY APPROVAL

 WHEREAS, the parties to the above-described class action (“Action”) have applied for 

an order, pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, fixing certain matters in 

connection with a proposed settlement of the Action, in accordance with a Stipulation of 

Settlement (the “Proposed Settlement”) entered into by the parties as of January _____, 2009 

together with the Exhibits annexed thereto, which are incorporated herein by reference; 

 NOW, THEREFORE, pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, 

upon the agreement of the parties, and after consideration of the Stipulation of Settlement and the 

exhibits annexed thereto, 

 IT IS HEREBY ORDERED that: 

1. The parties’ Proposed Settlement, as embodied in the Stipulation of Settlement 

and the exhibits attached thereto, is preliminarily approved as fair, reasonable, adequate and in 

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the best interests of the Class, pending a final hearing on the Proposed Settlement as provided 

herein. 

2. This Settlement shall apply to the class, certified now by the Court for settlement 

purposes, consisting of all persons or entities, who during the period from July 27, 2006 through 

September 28, 2006, inclusive (“Class Period”), purchased common stock of Presstek, Inc. 

(“Presstek”), and were damaged thereby. Excluded from the Class are Defendants; any parent, 

subsidiary, affiliate, current or former officer or director of the Presstek; any immediate family 

members of any excluded person; any entity in which any excluded person has a controlling 

interest; and the legal representatives, heirs, successors, predecessors in interest, affiliates, or 

assigns of any excluded person. 

3. The Court approves, as to form and content, the proposed form of Notice of 

Pendency and Proposed Settlement of Class Action and Settlement Fairness Hearing submitted 

by the parties as Exhibit A-l to the Stipulation of Settlement (“Notice”), and the Proof of Claim 

Form and Release submitted by the parties as Exhibit A-3 to the Stipulation of Settlement 

(“Proof of Claim”), and directs that Class Counsel shall mail, or cause to be mailed, such Notice 

and Proof of Claim to all members of the Class (“Class Members”), who can be identified 

through reasonable effort. The mailing is to be made by first-class United States mail, postage 

prepaid, at least 60 days prior to the date of the Settlement Hearing. 

4. The Court hereby approves, as to form and content, the proposed form of 

Summary Notice of Pendency and Proposed Settlement of Class Action and Settlement Fairness 

Hearing submitted by the parties as Exhibit A-2 to the Stipulation of Settlement (“Summary 

Notice”), and directs that Class Counsel shall cause such Summary Notice to be published once 

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in the national edition of The Wall Street Journal no more than 10 days after the mailing of the 

Notice and at least 50 days prior to the Settlement Hearing. 

5. The Court finds and determines that mailing of the Notice and Proof Of Claim 

and publication of the Summary Notice constitute the best notice to the Class practicable under 

the circumstances, constitute due and sufficient notice of the matters set forth in said Notices to 

all persons entitled to receive notice, and fully satisfy the requirements of due process, of 15 

U.S.C. § 78u-4(a)(7), and of Rule 23 of the Federal Rules of Civil Procedure. 

 Any Class Member who desires to request exclusion from the Class must submit a 

written request for exclusion in the form and manner required by the Notice. Such request for 

exclusion must be mailed with a postmark no later than 14 days prior to hearing 

(exclusion requests); must refer to the action James Sloman, Individually and on Behalf 

of All Others Similarly Situated v. Presstek, Inc., et al., No. 06-cv-377-JL; must include a 

statement that the Class Member wishes to be excluded from the Class; and must provide the 

number of shares of Presstek common stock purchased or sold during the Class Period, and the 

dates of such purchases and sales. Such requests for exclusion must be mailed to:

Shapiro Haber & Urmy LLP 

Attn: Presstek Litigation 

53 State Street 

Boston, MA 02109 

Class Counsel shall, on receipt of any request for exclusion, immediately forward such request to 

Defendants’ Counsel. 

6. Any Class Member who does not properly and timely request exclusion shall be 

included in the Class and shall be bound by any determination, order or judgment entered in the 

Action, whether favorable or unfavorable to the Class, even if such Class Member does not 

submit a timely Proof of Claim. 

7. A hearing will be held by this Court in the courtroom of The Honorable Joseph N. 

LaPlante, United States District Court, 55 Pleasant Street, Concord, NH 03301 at 10:00 am. 

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on Monday July 20, 2009 (“Settlement Hearing”), to determine: (a) whether the Proposed 

Settlement should be approved as fair, reasonable, adequate, and in the best interests of the 

Class; (b) whether a final judgment should be entered substantially in the form of Exhibit B to 

the Stipulation of Settlement; (c) whether the Representative Plaintiff’s proposed plan of 

distribution of the settlement proceeds that is described in the Notice (“Plan of Distribution”) 

should be approved as fair and reasonable to the Class; and (d) whether to approve the 

application of Class Counsel for an award of attorneys’ fees of 33% of the Settlement Fund, for 

Class Counsel’s costs and expenses not to exceed $30,000, and for an award to the Lead Plaintiff 

of reasonable costs and expenses (including lost wages) not to exceed $15,000 (“Fee and 

Expense Petition”). The Settlement Hearing is subject to continuation or adjournment by the 

Court without further notice. 

8. Prior to the Settlement Hearing, Class Counsel shall cause an affidavit to be filed 

with the Court certifying that the Notice has been provided and the Summary Notice has been 

published as directed in Paragraphs 3 and 4 of this Order. 

9. Attendance at the Settlement Hearing is not mandatory. Notwithstanding, any 

Class member who does not timely and properly exclude him/her/itself from the Class may 

appear and show cause at the Settlement Hearing in person or by counsel and be heard in support 

of, or in opposition to, the fairness, reasonableness and adequacy of the Settlement, the Plan of 

Distribution and the Fee and Expense Petition submitted by Class Counsel. However, no Class 

member shall be heard in opposition to the Settlement and no paper or brief submitted by any 

such person shall be received or considered by the Court unless fourteen (14) calendar days 

before the Settlement Hearing, that person shall file with the Clerk of this Court and serve copies 

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on counsel at the following addresses a written statement of the position he, she or it will assert, 

and the reasons for his, her or its position, and proof of membership in the Class: 

Charli M. Pappas, Clerk 

United States District Court 

55 Pleasant Street 

Concord, NH 03301 

Thomas G. Shapiro 

SHAPIRO HABER & URMY LLP 

53 State Street 

Boston, MA 02109 

Counsel for Lead Plaintiff and the Class

Douglas Baumstein 

White & Case LLP 

1155 Avenue of the Americas 

New York, NY 10036 

Counsel for Defendant Presstek 

Any person who fails to object in the manner and by the date required shall be deemed to have 

waived any objections, and shall be forever barred from raising any objection to the terms and 

conditions of, or to the fairness, reasonableness or adequacy of the proposed settlement or to the 

Judgment to be entered thereon in this or any other action or proceeding. 

10. In order to share in any proceeds resulting from the settlement of this Action, 

Class Members must submit the Proof of Claim in the manner provided therein by no later than 

150 days from the date of this order (class members must submit proof). All 

Proofs of Claim shall be deemed to have been submitted at the time they are actually received by 

the Claims Administrator. Late claims shall be denied as untimely except as the Court may 

otherwise order. 

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11. Any Class Member may enter an appearance in the Action, at his, her or its own 

expense, individually or through counsel of his, her or its choice. If any Class Member does not 

enter an appearance, he, she or it will be represented by Class Counsel. 

12. All discovery and pretrial proceedings in this Action are stayed and suspended 

until further order of this Court. Pending the final determination of the fairness, reasonableness 

and adequacy of the proposed Settlement, no member of the Class, either directly, 

representatively, or in any other capacity, shall institute, commence or prosecute against the 

Defendants, any of the Settled Claims in any action or proceeding in any court or tribunal. 

13. All funds held by the Escrow Agent shall be deemed and considered to be in the 

custody of the Court, and shall remain subject to the jurisdiction of the Court, until such time as 

such funds shall be distributed pursuant to the Stipulation of Settlement and/or further order(s) of 

the Court. 

14. All papers in support of the proposed Settlement, including any application by 

Class Counsel for attorneys' fees and expenses shall be filed and served at least five (5) business 

days before the Settlement Hearing. 

15. Neither the Stipulation of Settlement nor the fact of the Settlement is an 

admission or concession by the Defendants of any liability or wrongdoing or an admission as to 

the validity or invalidity of any of the claims asserted or defenses raised in the Action. Neither 

the Stipulation of Settlement or any Judgment thereon, the fact of Settlement, the settlement 

proceedings nor the settlement negotiations nor any related documents shall be offered or 

received in evidence as an admission, concession, presumption or inference against the 

Defendants in any proceeding, for any purpose other than as may be necessary to consummate or 

enforce the Stipulation of Settlement. 

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16. The Court reserves the right to adjourn or continue the Settlement Hearing, and 

any adjournment or continuance may be without further notice of any kind other than oral 

announcement at the Settlement Hearing or at any later hearing. 

Date: May 1, 2009 

____________________________________ 

Honorable Joseph N. LaPlante 

United States District Judge 

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