Notice of a Proposed Class Action Settlement Involving Individuals Who Owned Shares of Linkwell Corporation Common Stock
SEATTLE, Aug. 5, 2019 /PRNewswire/ --
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 16-cv-62506 (FAM)(LFL)
JULIE SIEGMUND and SETH LIPNER, as |
Co-Successor Trustees of THE FREDERICK |
SIEGMUND LINKWELL CORP. CLAIMS |
LIVING TRUST DATED JULY 31, 2018, |
Individually and on Behalf of All Others |
Similarly Situated, |
Plaintiffs, |
v. |
XUELIAN BIAN, WEI GUAN, |
SIDLEY AUSTIN LLP, SHANGHAI YINLING |
ASSET MANAGEMENT CO., LTD., LEADING |
FIRST CAPITAL LIMITED and LEADING |
WORLD CORPORATION, |
Defendants. |
___________________________________________/ |
SUMMARY NOTICE OF PENDENCY AND PROPOSED CLASS ACTION SETTLEMENT
This notice is for all persons and entities who owned one or more shares of Linkwell Corporation common stock as of the close of business on September 19, 2014, who did not vote to approve the merger between Linkwell Corporation and Leading World Corporation, whose shares were canceled as a result of the merger, and were damaged thereby.
YOU ARE HEREBY NOTIFIED that, pursuant to an Order of the United States District Court for the Southern District of Florida, a hearing will be held on November 19, 2019 at 2:00 p.m., before the Honorable Federico A. Moreno at the United States District Court for the Southern District of Florida, United States Courthouse, Wilkie D. Ferguson, Jr. Building, Courtroom 13-3, 400 North Miami Avenue, Miami, Florida 33128, to determine: (i) whether the proposed Settlement1 of the Class Claims in the above-captioned action ("Action") for consideration in the amount of $6,000,000.00 in cash should be approved by the Court as fair, reasonable, and adequate; (ii) whether the proposed Plan of Allocation should be approved as fair and reasonable; and (iii) whether proposed Class Counsel's application for an award of attorneys' fees of up to 35 percent of the Settlement Amount, reimbursement of litigation expenses of not more than $450,000.00, and an award to The Frederick Siegmund Linkwell Corp. Claims Living Trust dated July 31, 2018 ("The Siegmund Trust") of no more than $15,000.00 should be approved; and (iv) whether the Action should be dismissed with prejudice and the release specified and described in the Stipulation should be granted.
If you owned Linkwell Corporation ("Linkwell") common stock as of the close of business on September 19, 2014, did not vote to approve the merger between Linkwell and Leading World Corporation (the "Merger"), and your Linkwell common stock was canceled as a result of the Merger, your rights may be affected by this proposed Settlement, including the release and extinguishment of claims you may possess relating to your ownership of Linkwell common stock. If you have not received a detailed Notice of Pendency of Class Action and Proposed Settlement, Motion for Attorneys' Fees and Fairness Hearing ("Notice of Pendency") and a copy of the Proof of Claim and Release Form ("Proof of Claim"), you may obtain copies by writing to Linkwell Corp. Securities Litigation, Claims Administrator, c/o JND Legal Administration, P.O. Box 91211, Seattle, WA 98111-9311, or at: www.linkwellcorpshareholderlitigationsettlement.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 postmarked no later than February 4, 2020, establishing that you are entitled to recovery. Unless you submit a written exclusion request, you will be bound by any judgment rendered in this Action whether or not you make a claim.
If you desire to be excluded from the Settlement, you must submit to the Claims Administrator a request for exclusion so that it is received no later than October 21, 2019, in the manner and form explained in the Notice of Pendency. ALL CLASS MEMBERS WHO HAVE NOT VALIDLY REQUESTED EXCLUSION FROM THE SETTLEMENT WILL BE BOUND BY ANY JUDGMENT ENTERED IN THE ACTION PURSUANT TO THE SETTLEMENT.
Any objection to the Settlement, Plan of Allocation, or proposed Class Counsel's request for an award of attorneys' fees and reimbursement of expenses and a Service Award to The Siegmund Trust must be in the manner and form explained in the detailed Notice of Pendency and filed and served no later than October 29, 2019, to each of the following:
Clerk of the Court |
PROPOSED CLASS |
United States District Court |
COUNSEL |
Southern District of Florida |
Charles J. Hecht, Esq. |
United States Courthouse |
Wolf Haldenstein Adler |
Wilkie D. Ferguson, Jr. Building |
Freeman & Herz LLP |
400 North Miami Avenue |
270 Madison Avenue |
Miami, FL 33128 |
New York, NY 10016 |
COUNSEL FOR XUELIAN BIAN |
COUNSEL FOR |
AND WEI GUAN |
SIDLEY |
Alice K. Sum, Esq. |
Stephen Warren, Esq. |
Fowler White Burnett, P.A. |
Holland & Knight LLP |
Brickell Arch |
701 Brickell Avenue |
1395 Brickell Avenue, 14th Floor |
Suite 3300 |
Miami, Florida 33131 |
Miami, FL 33131 |
If you have any questions about the Settlement, you may contact the Claims Administrator or Proposed Class Counsel at the addresses listed above or go to the website at: www.linkwellcorpshareholderlitigationsettlement.com.
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING THIS NOTICE.
Dated: August 2, 2019
_________________________________
1 All capitalized terms used in this Summary Notice that are not otherwise defined herein shall have the meanings ascribed to them in the Stipulation and Settlement Agreement dated as of May 1, 2019 (the "Stipulation").
SOURCE JND Class Action Administration
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