Robbins Geller Rudman & Dowd LLP Announce Summary Notice of Proposed Class Action Settlement and Settlement Hearing
THE FOLLOWING STATEMENT IS BEING ISSUED BY ROBBINS GELLER RUDMAN & DOWD LLP PURSUANT TO AN ORDER OF THE UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION
SAN FRANCISCO, May 6 /PRNewswire/ --
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION |
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BRUCE BELODOFF, Individually and On |
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Lead Case No. |
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Behalf of All Others Similarly Situated, |
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SACV-07-00677-DOC(MLGx) |
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Plaintiff, |
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CLASS ACTION |
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vs. |
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NETLIST, INC., et al., |
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SUMMARY NOTICE |
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Defendants. |
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TO: |
ALL PERSONS WHO PURCHASED OR OTHERWISE ACQUIRED NETLIST, INC. "NETLIST") COMMON STOCK PURSUANT TO OR TRACEABLE TO NETLIST'S INITIAL PUBLIC OFFERING ("IPO") DURING THE PERIOD BETWEEN NOVEMBER 29, 2006 AND APRIL 17, 2007, INCLUSIVE ("CLASS PERIOD") |
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YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United States District Court for the Central District of California, Southern Division, that a hearing will be held on September 30, 2010, at 8:30 a.m., before the Honorable David O. Carter, United States District Judge, at the United States District Court, Central District of California, Southern Division, Ronald Reagan Federal Building and United States Courthouse, 411 West Fourth Street, Santa Ana, California 92701, for the purpose of determining: (1) whether the proposed settlement of the claims in the Litigation against the Defendants for the sum of $2,600,000 in cash, plus accrued interest, should be approved by the Court as fair, reasonable, and adequate; (2) whether, thereafter, this Litigation should be dismissed with prejudice as set forth in the Stipulation of Settlement dated February 16, 2010 (the "Stipulation"); (3) whether the Plan of Allocation is fair, reasonable, and adequate and therefore should be approved; and (4) whether the application of Lead Counsel for the payment of attorneys' fees and expenses incurred in connection with this Litigation should be approved.
If you purchased or acquired Netlist common stock pursuant to or traceable to the IPO during the period beginning November 29, 2006 through and including April 17, 2007, your rights may 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, you may obtain copies by writing to Netlist Securities Litigation, Claims Administrator, c/o Gilardi & Co. LLC, P.O. Box 8040, San Rafael, CA 94912-8040. 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 form postmarked no later than August 2, 2010, establishing that you are entitled to recovery. You will be bound by any judgment rendered in the Litigation whether or not you make a claim.
If you desire to be excluded from the Class, you must submit a request for exclusion postmarked by August 2, 2010, in the manner and form explained in the detailed Notice referred to above. All members of the Class who have not requested exclusion from the Class will be bound by any judgment entered in the Litigation pursuant to the Stipulation.
Any objection to the settlement must be filed with the Clerk of the Court at the address below, on or before August 16, 2010:
CLERK OF THE COURT |
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UNITED STATES DISTRICT COURT |
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CENTRAL DISTRICT OF CALIFORNIA |
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SOUTHERN DIVISION |
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RONALD REAGAN FEDERAL BUILDING |
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AND UNITED STATES COURTHOUSE |
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411 West Fourth Street |
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Santa Ana, CA 92701 |
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and copies to be received by the following counsel on or before August 2, 2010: |
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ROBBINS GELLER RUDMAN & DOWD LLP |
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ELLEN GUSIKOFF STEWART |
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655 West Broadway, Suite 1900 |
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San Diego, CA 92101 |
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Lead Counsel for Plaintiffs |
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MORRISON & FOERSTER LLP |
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SEAN T. PROSSER |
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12531 High Bluff Drive, Suite 100 |
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San Diego, CA 92130 |
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WILSON SONSINI GOODRICH & ROSATI, P.C. |
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DANIEL W. TURBOW |
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650 Page Mill Road |
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Palo Alto, CA 94304-1050 |
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Counsel for Defendants |
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PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING THIS NOTICE. |
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BY ORDER OF THE COURT |
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UNITED STATES DISTRICT COURT |
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CENTRAL DISTRICT OF CALIFORNIA |
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SOUTHERN DIVISION |
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DATED: April 19, 2010 |
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SOURCE Robbins Geller Rudman & Dowd LLP
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