Notice of Pendency and Settlement of Class Action on Behalf of Those Who Purchased or Otherwise Acquired the Common Stock of NutraCea, Inc. Announced by The Rosen Law Firm, P.A.
PHOENIX, July 6 /PRNewswire/ -- The Rosen Law Firm, P.A. Announces the Notice of Pendency and Settlement of Class Action Involving NutraCea, Inc.
UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA |
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JENNIFER BURRITT, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, |
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Plaintiff, |
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vs. |
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NUTRACEA, BRADLEY D. EDSON, TODD C. CROW, AND DAVID BENSOL, |
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Defendants. |
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No. CV-09-00406-PHX-FJM (Consolidated) |
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SUMMARY NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND HEARING THEREON
TO: ALL PERSONS WHO PURCHASED THE PUBLICLY TRADED COMMON STOCK OF NUTRACEA, INC. DURING THE PERIOD FROM APRIL 2, 2007 THROUGH FEBRUARY 23, 2009, INCLUSIVE.
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United States District Court for the District of Arizona, that a hearing will be held on October 1, 2010 at 2:00 p.m. before the Honorable Frederick J. Martone, United States District Judge of the District of Arizona, Sandra Day O'Connor U.S. Courthouse, 401 W. Washington Street, Suite 130, SPC 1, Phoenix, AZ 85003-2118 (the "Settlement Hearing") for the purpose of determining: (1) whether the proposed Settlement consisting of the sum of $1,500,000, plus fifty percent (50%) of any funds remaining in the insurance policy issued by Defendants' directors and officers liability insurer, Carolina Casualty Insurance Company, to NutraCea, Inc. ("NutraCea") and its officers and directors ("Insurance Policy") after payment of all valid claims under the Insurance Policy and payment of all legal fees related to such valid claims, as long as there is $150,000 or more of funds remaining in the Insurance, plus interest, should be approved by the Court as fair, reasonable, and adequate; (2) whether the proposed plan to distribute the settlement proceeds is fair, reasonable and adequate; (3) whether the application for an award of attorneys' fees of twenty-five percent of the Settlement Amount and reimbursement of expenses of not more than $150,000 should be approved; and (4) whether the Litigation should be dismissed with prejudice.
If you purchased shares of NutraCea securities during the class period from April 2, 2007 through February 23, 2009, inclusive, your rights may be affected by the Settlement of this action. If you have not received a detailed Notice of Pendency and Settlement of Class Action and a copy of the Proof of Claim and Release, you may obtain copies by writing to NutraCea, Inc. Securities Litigation, c/o Strategic Claims Services, Claims Administrator, P.O. Box 230, 600 N. Jackson Street, Suite 3, Media, PA 19063, or going to the website, www.rosenlegal.com . If you are a member of the Class, in order to share in the distribution of the Net Settlement Fund, you must submit a Proof of Claim and Release no later than September 10, 2010, establishing that you are entitled to recovery. You will be bound by any judgment rendered in the Litigation whether or not you make a claim.
Any objection to the Settlement, Plan of Allocation, or the Request for Award of Attorneys' Fees and Reimbursement of Expenses must be mailed or delivered such that it is received by each of the following no later than September 10, 2010:
Clerk of the Court |
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U.S. District Court |
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District of Arizona |
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Sandra Day O'Connor U.S. Courthouse |
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401 W. Washington St., Suite 130, SPC 1 |
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Phoenix, AZ 85003-2118 |
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Laurence M. Rosen |
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Phillip Kim |
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Timothy W. Brown |
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THE ROSEN LAW FIRM, P.A. |
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350 Fifth Avenue, |
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Suite 5508 |
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New York, NY 10118 |
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Lead Plaintiff's Counsel in the Litigation |
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Sara B. Brody |
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SIDLEY AUSTIN LLP |
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555 California Street |
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San Francisco, CA 94104 |
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Counsel for Defendant NutraCea |
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If you have any questions about the Settlement, you may call or write to Plaintiff's Lead Counsel:
Laurence M. Rosen, Phillip Kim, Timothy W. Brown |
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THE ROSEN LAW FIRM, P.A. |
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350 Fifth Avenue, Suite 5508 |
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New York, NY 10118 |
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(212) 686-1060 |
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PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING THIS NOTICE.
DATED: JUNE 3, 2010 |
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BY ORDER OF THE UNITED STATES |
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DISTRICT COURT FOR THE DISTRICT OF ARIZONA |
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SOURCE The Rosen Law Firm, P.A.
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