Announcing a Settlement Hearing in the Ply Gem Holdings, Inc. Securities Litigation
MELVILLE, N.Y., April 13, 2018 /PRNewswire/ -- The following statement is being issued by Robbins Geller Rudman & Dowd LLP regarding the In re PLY GEM Holdings, Inc., Securities Litigation
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
In re PLY GEM HOLDINGS, INC., SECURITIES LITIGATION
This Document Relates To:
ALL ACTIONS.
Civil Action No. 1:14-cv-03577-JPO
CLASS ACTION
SUMMARY NOTICE
TO: ALL PERSONS WHO PURCHASED OR ACQUIRED THE COMMON STOCK OF PLY GEM HOLDINGS, INC. ("PLY GEM") DURING THE PERIOD FROM MAY 23, 2013 TO DECEMBER 15, 2014, INCLUSIVE
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United States District Court for the Southern District of New York, that a hearing will be held on June 29, 2018, at 10:30 a.m., before the Honorable J. Paul Oetken, United States District Judge, at the United States District Court for the Southern District of New York, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007, for the purpose of determining: (1) whether the proposed Settlement of the above-captioned Action, as set forth in the settlement agreement reached between the parties, consisting of Twenty-Five Million, Nine Hundred Fifty Thousand Dollars ($25,950,000.00) in cash, should be approved as fair, reasonable, and adequate to the Members of the Class; (2) whether the release by Class Members of claims as set forth in the settlement agreement should be authorized; (3) whether the proposed plan to distribute the settlement proceeds (the "Plan of Allocation") is fair, reasonable, and adequate; (4) whether the application by Lead Plaintiff's counsel for an award of attorneys' fees and expenses and the expenses of Lead Plaintiff should be approved; and (5) whether the Judgment, in the form attached to the settlement agreement, should be entered.
Please note that the date, time and location of the settlement hearing are subject to change without further notice. If you plan to attend the hearing, you should check the docket or contact Lead Counsel (identified below) to be sure that no change to the date, time or location of the hearing has been made.
IF YOU PURCHASED OR ACQUIRED ANY OF THE COMMON STOCK OF PLY GEM DURING THE PERIOD FROM MAY 23, 2013 THROUGH DECEMBER 15, 2014, INCLUSIVE, YOUR RIGHTS WILL BE AFFECTED BY THE SETTLEMENT OF THIS LITIGATION.
If you have not received a detailed Notice of Pendency and Proposed Settlement of Class Action ("Notice") and a copy of the Proof of Claim and Release form ("Proof of Claim"), you may obtain copies by writing to Ply Gem Securities Litigation, Claims Administrator, c/o GCG, P.O. Box 10552, Dublin, OH 43017-7252, or on the internet at www.plygemsecuritiessettlement.com.
If you are a Class Member, in order to share in the distribution of the Net Settlement Fund, you must submit a Proof of Claim by mail (postmarked no later than June 29, 2018) or submitted electronically no later than June 29, 2018, establishing that you are entitled to recovery. Unless the deadline is extended, your failure to submit your Proof of Claim by the above deadlines will preclude you from receiving any payment from the Settlement.
If you are a Class Member and you desire to be excluded from the Class, you must submit a request for exclusion such that it is received no later than June 8, 2018, in the manner and form explained in the detailed Notice, referred to above. All Members of the Class who do not timely and validly request exclusion from the Class will be bound by any judgment entered in the Action pursuant to the Stipulation and Agreement of Settlement.
Any objection to the Settlement, the Plan of Allocation of settlement proceeds, or the fee and expense application must be mailed to each of the following recipients, postmarked no later than June 8, 2018:
CLERK OF THE COURT
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DANIEL PATRICK MOYNIHAN
UNITED STATES COURTHOUSE
500 Pearl Street
New York, NY 10007
Lead Counsel:
ROBBINS GELLER RUDMAN & DOWD LLP
ROBERT M. ROTHMAN
58 South Service Road, Suite 200
Melville, NY 11747
Counsel for Certain Defendants:
PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
GREGORY F. LAUFER
1285 Avenue of the Americas
New York, NY 10019-6064
PLEASE DO NOT CONTACT THE COURT, THE CLERK'S OFFICE OR DEFENDANTS REGARDING THIS NOTICE. If you have any questions about the Settlement, you may contact Lead Counsel at the address listed above.
DATED: March 20, 2018
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SOURCE Robbins Geller Rudman & Dowd LLP
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