Notice of Pendency of Class Action and Proposed Settlement, Motion for Attorneys' Fees and Expenses and Settlement Fairness Hearing on Behalf of Those Who Purchased or Acquired the Common Stock of Merix Corporation Announced by Barroway Topaz Kessler Meltzer & Check, LLP
PORTLAND, Ore., Oct. 21 /PRNewswire/ -- Barroway Topaz Kessler Meltzer & Check, LLP Announces the Notice of Pendency of Class Action and Proposed Settlement, Motion for Attorneys' Fees and Expenses and Settlement Fairness Hearing Involving Merix Corporation
UNITED STATES DISTRICT COURT DISTRICT OF OREGON
IN RE MERIX CORPORATION SECURITIES LITIGATION
Lead Case No. CV 04-826-MO (Consolidated Cases)
This Document Relates to: ALL ACTIONS
SUMMARY NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION AND SETTLEMENT FAIRNESS HEARING
TO: ALL PERSONS AND ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED THE COMMON STOCK OF MERIX CORPORATION ("MERIX") FROM AN UNDERWRITER DEFENDANT(1) DIRECTLY PURSUANT TO MERIX'S JANUARY 29, 2004 OFFERING, WHO HELD THE STOCK THROUGH THE FIRST ALLEGED CORRECTIVE DISCLOSURE ON MAY 13, 2004, AND WHO WERE DAMAGED THEREBY (THE "CLASS").
YOU ARE HEREBY NOTIFIED that the above-captioned action has been certified as a class action and that a settlement for Two Million Five Hundred Thousand Dollars ($2,500,000) has been proposed. A hearing will be held before the Honorable Michael W. Mosman in the United States District Court for the District of Oregon, Mark O. Hatfield Courthouse, 1000 Southwest Third Avenue, Portland, Oregon 97204-2902, Courtroom 16, at 11:00 a.m., on January 3, 2011 to determine whether: (1) the proposed Settlement should be approved by the Court as fair, reasonable and adequate; (2) the Plan of Allocation should be approved; (3) Lead Counsel's application for an award of attorneys' fees and reimbursement of expenses should be approved; (4) Lead Plaintiff's application for reimbursement of costs and expenses (including lost wages) in connection with its representation of the Class should be approved; and (5) the claims against Defendants should be dismissed with prejudice.
IF YOU ARE A MEMBER OF THE CLASS DESCRIBED ABOVE, YOUR RIGHTS WILL BE AFFECTED AND YOU MAY BE ENTITLED TO SHARE IN THE SETTLEMENT FUND. If you have not yet received the full printed Notice of Pendency of Class Action and Proposed Settlement, Motion for Attorneys' Fees and Expenses and Settlement Fairness Hearing (the "Notice") and Proof of Claim and Release form ("Proof of Claim"), you may obtain copies of these documents by contacting:
In re Merix Corporation Securities Litigation |
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c/o Strategic Claims Services |
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Claims Administrator |
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P.O. Box 230 |
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600 North Jackson Street, Suite 3 |
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Media, PA 19063 |
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(866) 274-4004 |
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Inquiries, other than requests for the forms of the Notice and Proof of Claim, may be made to Lead Counsel:
Andrew L. Zivitz, Esq. |
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Christopher L. Nelson, Esq. |
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Jennifer L. Enck, Esq. |
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Barroway Topaz Kessler |
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Meltzer & Check, LLP |
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280 King of Prussia Road |
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Radnor, PA 19087 |
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To participate in the Settlement, you must submit a Proof of Claim no later than February 12, 2011. If you are a member of the Class and do not submit a valid Proof of Claim, you will not share in the Settlement but you nevertheless will be bound by the Judgment entered by the Court in this litigation. As more fully described in the Notice, the deadline for submitting objections and requests for exclusion is December 13, 2010.
Further information may also be obtained by directing your inquiry in writing to the Claims Administrator, Strategic Claims Services, at the address listed above.
By Order of the Court
(1) The "Underwriter Defendants" are UBS Securities LLC, Thomas Weisel Partners LLC, Needham & Company, Inc., Wells Fargo Securities, LLC, Raymond James & Associates, Inc. and William Blair & Company, LLC.
SOURCE Barroway Topaz Kessler Meltzer & Check, LLP
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