UNITED STATES DISTRICT COURT 

FOR THE DISTICT OF NEW HAMPSHIRE 

JING KE, derivatively on behalf of Presstek, 

Inc., 

Plaintiff, 

vs. 

JOHN H. DREYER, JEFFREY JACOBSON, 

DANIEL S. EBENSTEIN, LAWRENCE 

HOWARD, STEVEN N. RAPPAPORT, 

FRANK STEENBURGH, DONALD WAITE 

III, MICHAEL D. MOFFITT, BRIAN F. 

MULLANEY, EDWARD J. MARINO, 

MOOSA E. MOOSA, and JEFFREY A. 

COOK, 

Defendants, 

and 

PRESSTEK, INC., 

Nominal Defendant. 

 Civil Action No. 08-cv-364-JL 

ORDER REGARDING PRELIMINARY APPROVAL AND NOTICE

WHEREAS, as of October 27, 2009, the parties to the above-captioned 

shareholder derivative litigation (the “Litigation”) entered into a Stipulation of Settlement (the 

“Stipulation”) which is subject to review under Rule 23.1 of the Federal Rules of Civil Procedure 

and which, together with the exhibits thereto, sets forth the terms and conditions for the proposed 

settlement (the “Settlement”) of the claims alleged in the Litigation with prejudice upon the 

terms and conditions set forth in the Stipulation; and the Court having read and considered the 

Stipulation and the accompanying documents; and the parties to the Stipulation having consented 

to the entry of this Order; and all capitalized terms used herein having the meanings defined in 

the Stipulation; 

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NOW THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED 

THAT:

1. For the purposes of this Settlement only, the Court finds that the Litigation 

properly was brought as a shareholder derivative action pursuant to Rule 23.1 of the Federal 

Rules of Civil Procedure for and on behalf of nominal defendant Presstek, Inc. (“Presstek”), and 

that Plaintiff and his counsel fairly and adequately represents the interests of shareholders 

similarly situated in enforcing the rights of Presstek. 

2. A hearing (the “Final Settlement Hearing”) is hereby scheduled to be held before 

the Court on __________, 20__ for the following purposes: 

(a) to determine finally whether the proposed Settlement of the Litigation on 

the terms and conditions provided for in the Stipulation is fair, reasonable and in the best interest 

of Presstek and should be approved by the Court; 

(b) to determine whether the Order and Final Judgment as provided for under 

the terms of the Stipulation should be entered, dismissing the Amended Complaint filed in the 

Litigation with prejudice; and to determine whether releases should be provided to the Released 

Parties, as defined and set forth in the Stipulation; 

(c) to hear and determine objections to the Settlement; 

(d) to consider whether to award Plaintiff’s Counsel the Fee and Expense 

Amount as set forth in the Stipulation; and 

(e) to rule upon such other matters as the Court may deem appropriate. 

3. The Court reserves: 

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(a) the right to finally approve the Settlement, with such modifications as may 

be agreed to by counsel for the parties to the Settlement consistent with such Settlement, without 

further notice to Presstek shareholders; and 

(b) the right to continue or adjourn the Final Settlement Hearing from time to 

time, by oral announcement at the hearing or at any adjournment thereof, without further notice 

to Presstek shareholders. 

4. Plaintiffs’ Counsel shall submit all briefs, affidavits, papers and other 

documentation in support of Settlement approval five (5) days before the Final Settlement 

Hearing. 

5. The Court approves the form and substance of the proposed notice of the 

Settlement (the “Notice”) to Presstek shareholders substantially in the form of Exhibit C to the 

Stipulation. 

6. Within ten (10) calendar days after the date of this Order, Defendants shall cause 

a Notice of Pendency and Proposed Settlement of Derivative Action (the “Notice”), substantially 

in the form annexed as Exhibit C to the Stipulation, to be mailed by United States mail, postage 

pre-paid, to all current shareholders of the Company at their last known address appearing in the 

stock transfer records maintained by or on behalf of Presstek. All record holders of shares of 

Presstek stock who were not also the beneficial owners of those shares will be requested to 

forward the Notice to the beneficial owners of those shares. Defendants shall use reasonable 

efforts to give notice to beneficial owners by (a) making additional copies of the Notice available 

to any record holder who, before the Settlement Hearing, requests them for distribution to 

beneficial owners, or (b) mailing additional copies of the Notice to beneficial owners if 

reasonably requested to do so by record holders. 

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7. The Court finds that the giving of notice substantially in the manner set forth 

above (a) meets the requirements of Rule 23.1 of the Federal Rules of Civil Procedure, due 

process and applicable law; and (b) shall constitute due and sufficient notice of the matters set 

forth therein for all purposes to all persons entitled to such notice. 

8. Plaintiff’s Counsel are hereby designated as Lead Derivative Counsel and are 

authorized to act on behalf of Presstek shareholders with respect to all acts required by the 

Stipulation or such other acts which are reasonably necessary to consummate the Settlement set 

forth in the Stipulation. 

9. Any Presstek shareholder may object to the Settlement and/or Plaintiff’s 

Counsel’s request for Fees and Expenses. All such shareholders must send a signed letter 

expressing their desire to object to the Settlement of the Litigation or any aspect thereof. All 

objections must include the objecting shareholder’s name, address, telephone number, proof of 

ownership of Presstek common stock, a detailed description of the shareholder’s specific 

objections to any matter before the Court, and all the grounds for the objection to the Settlement 

and/or Plaintiff’s Counsel’s application for fees and expenses. Any objection must also include 

all documents the shareholder wishes the Court to consider. Shareholders must mail their 

objections, if any, and all supporting papers to the Court and to the counsel for the parties listed 

below to arrive no later than fourteen (14) business days before the Final Settlement Hearing. 

Objections must be sent to the Court and following counsel: 

Lionel Z. Glancy 

Michael Goldberg 

Richard A. Maniskas 

Glancy Binkow & Goldberg, LLP 

1801 Avenue of the Stars 

Suite 311 

Los Angeles, CA 90067 

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Seth D. Rigrodsky 

Brian D. Long 

Rigrodsky & Long, P.A. 

919 North Market Street, Suite 980 

Wilmington, DE 19801 

Glenn M. Kurtz

Douglas P. Baumstein 

Gregory M. Starner 

White & Case LLP

1155 Avenue of the Americas 

New York, NY 10036 

Objections must be received by this date to be considered. Shareholders may object either on 

their own or through an attorney hired at their own expense. Shareholders or their attorneys 

may, but are not required to, appear at the Final Settlement Hearing. All shareholders or their 

attorney(s) intending to appear at the Final Settlement Hearing must file a notice of intent to 

appear with the Court and provide copies to counsel for the parties at the addresses set forth 

above no later than ten days before the date of the Final Settlement Hearing. 

10. Any Presstek shareholder who does not make his, her or its objection in 

substantially the manner provided in the preceding paragraph of this Order shall be deemed to 

have waived such objection and shall forever be foreclosed from: (i) making any objection to the 

fairness, adequacy or reasonableness of the Settlement; or (ii) making any objection to the 

fairness and reasonableness of the Fee and Expense Amount. 

11. If the Settlement is terminated pursuant to the terms of the Stipulation then in any 

such event, the Stipulation, including any amendment(s) thereof, shall be null and void, of no 

further force or effect, and without prejudice to any party, and may not be introduced as evidence 

or referred to in any action or proceeding by any Person or entity, and each party shall be 

restored to his, her or its respective position as it existed prior to entry of this Order. 

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12. All Presstek shareholders shall be bound by the applicable determinations and 

orders, and the Judgment, whether favorable or unfavorable to any of them. 

13. Pending final determination of whether the Settlement should be approved, the 

Plaintiff, all Presstek shareholders, and each of them, and anyone who acts or purports to act on 

their behalf, shall not institute, commence or prosecute any action which asserts Settled Claims 

against any Released Party. 

14. If the Settlement provided for in the Stipulation is approved by the Court 

following the Settlement Hearing, an Order and Final Judgment shall be entered as described in 

the Stipulation. 

15. The Court retains jurisdiction over the Litigation to consider all further matters 

arising out of or in connection with the Settlement. 

IT IS SO ADJUDGED. 

DATED: ____________ 

DISTRICT JUDGE 

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