Summary Notice of Pendency of Class Action and Proposed Settlement and Motion for Attorneys' Fees and Expenses In Re Beckman Coulter, Inc. Securities Litigation

NEW YORK, Dec. 22, 2011 /PRNewswire/ -- The following release was issued today by Labaton Sucharow LLP:

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Case No.: 8:10-cv-1327-JST (RNBx)
Hon. Josephine Staton Tucker

IN RE BECKMAN COULTER, INC. (formerly traded on NYSE as ticker: BEC) SECURITIES LITIGATION

SUMMARY NOTICE OF PENDENCY OF CLASS ACTION AND PROPOSED SETTLEMENT AND MOTION FOR ATTORNEYS' FEES AND EXPENSES

TO: ALL PERSONS OR ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED THE COMMON STOCK OF BECKMAN COULTER, INC. ("BECKMAN" OR THE "COMPANY") BETWEEN JULY 31, 2009 AND JULY 22, 2010, INCLUSIVE, AND WHO WERE ALLEGEDLY DAMAGED THEREBY (THE "CLASS").

YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the Court, that the above-captioned litigation ("Action") has been preliminarily certified as a class action for the purposes of settlement only and that a settlement with Beckman, Scott T. Garrett and Charles P. Slacik (collectively, the "Defendants"), in the amount of $5,000,000 in cash, plus payment of Notice and Administration Expenses not to exceed a total cumulative cap of $500,000, has been proposed by the Parties.

A hearing will be held before the Honorable Josephine Staton Tucker of the United States District Court for the Central District of California in the Santa Ana Courthouse, 411 West Fourth Street, Courtroom 10A, Santa Ana, CA  92701 at 10:00 a.m. on February 27, 2012 to, among other things:  determine whether the proposed Settlement should be approved by the Court as fair, reasonable, and adequate; determine whether the proposed Plan of Allocation for distribution of the settlement proceeds should be approved as fair and reasonable; and consider the application of Lead Counsel for an award of attorneys' fees and reimbursement of litigation expenses.  The Court may change the date of the hearing without providing another notice.

IF YOU ARE A MEMBER OF THE CLASS DESCRIBED ABOVE, YOUR RIGHTS WILL BE AFFECTED BY THE PENDING LITIGATION AND THE PROPOSED SETTLEMENT AND YOU MAY BE ENTITLED TO SHARE IN THE NET SETTLEMENT FUND.  If you have not yet received the full printed Notice of Pendency of Class Action and Proposed Settlement and Motion for Attorneys' Fees and Expenses ("Notice") and a Proof of Claim and Release form ("Proof of Claim"), you may obtain copies of these documents by contacting the Claims Administrator:

BECKMAN SECURITIES LITIGATION
CLAIMS ADMINISTRATOR
C/O A.B. DATA, LTD.
PO BOX 170500
MILWAUKEE, WI  53217-8091
800-494-2165
www.BeckmanCoulterSecuritiesSettlement.com

Inquiries, other than requests for information about the status of a claim, may also be made to Lead Counsel:

LABATON SUCHAROW LLP
Christopher J. McDonald, Esq.
140 Broadway
New York, NY  10005
888-219-6877
www.labaton.com
[email protected]

If you are a Class Member, to be eligible to share in the distribution of the Settlement proceeds, you must submit a Proof of Claim postmarked no later than April 12, 2012.  To exclude yourself from the Class, you must submit a written request for exclusion in accordance with the instructions set forth in the Notice such that it is received or postmarked no later than February 6, 2012.  If you are a Class Member and do not exclude yourself from the Class, you will be bound by the Final Order and Judgment of the Court.  Any objections to the proposed Settlement, Plan of Allocation, and/or application for attorneys' fees and reimbursement of expenses must be filed with the Court and served on counsel for the Parties in accordance with the instructions set forth in the Notice, such that they are received or postmarked no later than February 6, 2012.  If you are a Class Member and do not timely submit a valid Proof of Claim, you will not be eligible to share in the Net Settlement Fund but you nevertheless will be bound by the Final Order and Judgment of the Court.

DATED: December 22, 2011

BY ORDER OF THE COURT, UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

SOURCE Labaton Sucharow LLP

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