Robbins Geller Rudman & Dowd LLP Announce a Notice of Pendency and Proposed Settlement of Class Action in Oklahoma Firefighters Pension and Retirement System v. Lexmark International, Inc., Paul A. Rooke, David Reeder, and Gary Stromquist

SAN DIEGO, July 13, 2020 /PRNewswire/ --

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

TO:         ALL PERSONS AND ENTITIES THAT PURCHASED OR ACQUIRED LEXMARK INTERNATIONAL, INC. ("LEXMARK") COMMON STOCK DURING THE PERIOD FROM AUGUST 1, 2014, TO JULY 20, 2015, INCLUSIVE (THE "CLASS PERIOD")

YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United States District Court for the Southern District of New York, that a hearing, which the Court may require or permit to be conducted as a telephonic hearing in light of the ongoing exigent circumstances caused by the COVID-19 pandemic, will be held on December 16, 2020, at 10:00 a.m., before the Honorable William H. Pauley III, United States District Judge, at the United States District Court for the Southern District of New York, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007, for the purpose of determining: (1) whether the proposed Settlement of the above-captioned Litigation, as set forth in the settlement agreement reached between the parties, consisting of Twelve Million Dollars ($12,000,000.00) 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, charges, and expenses and the award to Lead Plaintiff pursuant to 15 U.S.C. §78u-4(a)(4) in connection with its representation of the Class 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.  In light of the ongoing exigent circumstances caused by the COVID-19 pandemic, the Court may require or permit attendance at the Settlement Hearing by telephone.  If the Court requires or permits telephonic participation in the Settlement Hearing, the dial-in number for the Settlement Hearing will be posted on www.LexmarkSecuritiesSettlement.com.  Class Members who intend to appear at the Settlement Hearing are advised to visit www.LexmarkSecuritiesSettlement.com for updates.

IF YOU PURCHASED OR ACQUIRED ANY OF THE COMMON STOCK OF LEXMARK DURING THE PERIOD FROM AUGUST 1, 2014, TO JULY 20, 2015, 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 Lexmark Securities Settlement, Claims Administrator, c/o A.B. Data, Ltd., P.O. Box 173100, Milwaukee, WI 53217, or on the internet at www.LexmarkSecuritiesSettlement.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 October 5, 2020) or submitted electronically no later than October 5, 2020, establishing that you are entitled to recovery.  Your failure to submit your Proof of Claim by the above deadline 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 November 11, 2020, 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 Litigation 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, received no later than November 11, 2020:

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
THEODORE J. PINTAR
655 West Broadway, Suite 1900
San Diego, CA  92101

Counsel for Defendants:

O'MELVENY & MYERS LLP
WILLIAM SUSHON
Times Square Tower
7 Times Square
New York, NY  10036

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: JULY 13, 2020                                                                   

BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

SOURCE Robbins Geller Rudman & Dowd LLP