Kahn Swick & Foti, LLC Announces Summary Notice of Pendency of Class Action and Proposed Settlement in the China Sunergy Securities Litigation
TO: ALL PERSONS WHO PURCHASED THE PUBLICLY TRADED AMERICAN DEPOSITORY SHARES ("ADS") OF CHINA SUNERGY CO., LTD. ("CHINA SUNERGY" OR THE "COMPANY") (TRADING SYMBOL NASDAQ: CSUN) FROM MAY 17, 2007, THROUGH AUGUST 23, 2007, INCLUSIVE, PURSUANT AND/OR TRACEABLE TO THE COMPANY'S MAY 17, 2007, IPO:
THIS SUMMARY NOTICE CHANGES DEADLINES FOR FILING OF PROOFS OF CLAIM, EXCLUSION FROM THE CLASS, AND OBJECTION TO THE SETTLEMENT. PLEASE NOTE CAREFULLY THE REVISED DEADLINES.
NEW ORLEANS, March 1, 2011 /PRNewswire/ -- 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 April 7, 2011, at 2:30 p.m., before the Honorable Deborah A. Batts at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl St., Courtroom 24B, New York, NY 10007-1312, for the purpose of determining: (1) whether the proposed settlement for the sum of $1,050,000 in cash should be approved by the Court as fair, reasonable, and adequate; (2) whether, after the hearing, this Action should be dismissed with prejudice pursuant to the terms and conditions set forth in the Stipulation and Agreement of Settlement dated as of October 16, 2009; (3) whether the Plan of Allocation is fair, reasonable, and adequate and should be approved; and (4) whether the application of Lead Counsel for the payment of attorneys' fees and reimbursement of expenses incurred in this Action should be approved.
If you purchased the ADS of China Sunergy from May 17, 2007, through August 23, 2007, inclusive, on the open market or pursuant or traceable to the Company's May 17, 2007, Initial Public Offering Prospectus and Registration Statement, your rights may be affected by the settlement of this Action. If you have not received a detailed Notice of Pendency of Class Action and Proposed Settlement with all Defendants, Motion for Attorneys' Fees, and Settlement Hearing ("Notice") and a copy of the Proof of Claim and Release, you should obtain copies by writing to China Sunergy Securities Litigation Claims Administrator, P.O. Box 6177, Novato, CA 94948-6177 or by visiting the website of the Claims Administrator at www.ChinaSunergySecuritiesLitigation.com. The Notice contains details about this Action and settlement, including what you must do to exclude yourself from the settlement, object to the terms of the settlement, or file a Proof of Claim. 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 and Release postmarked no later than April 22, 2011, establishing that you are entitled to recovery.
If you desire to be excluded from the Class, you must submit a Request for Exclusion postmarked by March 31, 2011, in the manner and form explained in the detailed Notice referred to above. All Members of the Class who have not timely and validly requested exclusion from the Class will be bound by any judgment entered in the Action pursuant to the terms and conditions of the Stipulation of Settlement. If you object to any part of the Settlement, plan of Allocation, or Motion for Award of Attorneys' Fees and Expenses, you must make your objection known to the Court and the parties in writing. Your objection(s) must be postmarked on or before March 31, 2011, to: the Court; Kahn Swick & Foti, LLC on behalf of the Lead Plaintiff; and Counsel for the Defendants, at the following addresses:
COURT: |
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Clerk of the Court |
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United States District Court for the Southern District of New York |
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Daniel Patrick Moynihan United States Courthouse |
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500 Pearl Street |
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Room 120 |
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New York, NY 10007-1312 |
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FOR LEAD PLAINTIFF: |
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Lewis S. Kahn |
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KAHN SWICK & FOTI, LLC |
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206 Covington Street |
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Madisonville, LA 70447 |
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Lead Counsel for Lead Plaintiff and the Class |
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FOR DEFENDANTS: |
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Lea Haber Kuck |
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SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP |
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Four Times Square |
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New York, NY 10036 |
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Counsel for Defendant China Sunergy Co., Ltd. and Individual Defendants Tingxiu Lu, |
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Jianhua Zhao, James Shaofeng Qi, Guangyou Yin, Fengming Zhang, Shiliang Guo |
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Adam S. Hakki |
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SHEARMAN & STERLING LLP |
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599 Lexington Avenue |
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New York, NY 10022-6069 |
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Counsel for the Underwriter Defendants |
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Robert A. Horowitz |
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GREENBERG TRAURIG, LLP |
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MetLife Building |
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200 Park Avenue |
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New York, NY 10166 |
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Counsel for Individual Defendant Donald J. Puglisi |
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PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE REGARDING THIS NOTICE. If you have any questions about the settlement, you may contact Lead Counsel for Lead Plaintiff and the Class at the address listed above.
Dated: March 1, 2011
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF NEW YORK
Media Contact: Kahn Swick & Foti, LLC |
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Lewis Kahn |
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(866) 467-1400 |
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SOURCE Kahn Swick & Foti, LLC
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