The Law Firm of Berman DeValerio Announces the Proposed Settlement and Hearing of a Class Action Involving National City Corporation Common Stock
PALM BEACH GARDENS, Fla., Sept. 27 /PRNewswire-USNewswire/ -- Summary Notice of Proposed Settlement and Settlement Hearing:
To: All Persons Or Entities Who Acquired Shares Of National City Corporation Common Stock Pursuant To And/Or Traceable To The Registration Statement Filed With The Securities And Exchange Commission In Connection With National City's Acquisition Of Fidelity Bankshares, Inc. And Who Were Damaged Thereby (The "Settlement Class").
This Notice Was Authorized By The Court. It Is Not A Lawyer Solicitation.
Please Read This Notice Carefully And In Its Entirety.
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules of Civil Procedure and an order of the United States District Court for the Northern District of Ohio, that a hearing will be held on December 13, 2010, at 11:00 A.M., before the Honorable Solomon Oliver, Jr., at the Carl B. Stokes United States District Court House, 801 West Superior Avenue, Cleveland, Ohio 44113-1838, for the purpose of determining: (i) whether the proposed Settlement of this Action for Eleven Million Dollars ($11,000,000) cash, plus accrued interest, should be approved by the Court as fair, reasonable and adequate; (ii) whether an Order and Final Judgment approving the Settlement and dismissing this Action on the merits and with prejudice should be entered; (iii) whether the release by the Settlement Class of the Released Claims, as set forth in the Stipulation, should be provided to the Released Parties; (iv) whether the proposed Plan of Allocation is a fair and reasonable method to allocate settlement proceeds; (v) whether the application of Plaintiff's Lead Counsel for an award of attorneys' fees and expenses should be approved; and (vi) whether the Lead Plaintiff should be awarded a Stipend to compensate him for reasonable time and expense relating to the prosecution of this Action.
If you are a member of the settlement class described above, your rights may be affected and you may be entitled to share in the settlement fund. To share in the distribution of the Settlement Fund, you must establish your rights by filing a Proof of Claim postmarked not later than January 31, 2011. Your failure to submit your Proof of Claim by January 31, 2011 will subject your claim to rejection and preclude your receiving any of the recovery in connection with the Settlement of this Action. If you are a member of the Settlement Class and do not request exclusion from the Class, you will be bound by the Settlement and any judgment and release entered in the Action, including, but not limited to, the Final Judgment, whether or not you submit a Proof of Claim.
If you have not yet received the full printed Notice of Pendency of Class Action, Proposed Settlement of Class Action, Settlement Fairness Hearing, and Right to Share in Settlement Fund and a Proof of Claim form, you may obtain copies of these documents by identifying yourself as a member of the Settlement Class and contacting:
Claims Administrator |
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National City-Fidelity Bankshares Acquisition Settlement |
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c/o Rust Consulting, Inc., P.O. Box 24654 |
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West Palm Beach, FL 33416 |
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Telephone: (888) 952-9081 |
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All inquiries, other than requests for the forms of Notice and Proof of Claim, should be made in writing, addressed to Plaintiff's Lead Counsel:
Michael J. Pucillo, Esq., Wendy H. Zoberman, Esq. |
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Berman DeValerio |
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4280 Professional Center Drive, Suite 350 |
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Palm Beach Gardens, FL 33410 |
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Telephone: (561) 835-9400 |
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If you desire to be excluded from the class, you must submit a request for exclusion postmarked no later than November 22, 2010, in the manner and form explained in the notice. All members of the class who have not requested exclusion from the class will be bound by the settlement entered in the action even if they do not file a timely proof of claim.
If you desire to object to the settlement or any of its terms, the plan of allocation, the application for an award of attorneys' fees and reimbursement of expenses, or the award of a stipend to lead plaintiff, you must submit an objection no later than November 22, 2010, in the manner and form explained in the notice.
Please do not call or write the court or the office of the clerk of the court or defendants' counsel for information or advice.
Dated: September 1, 2010
BY ORDER OF THE UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF OHIO
SOURCE Berman DeValerio
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