LAS VEGAS--(BUSINESS WIRE)--The following statement is being issued by Robbins Geller Rudman & Dowd LLP regarding the Liberator Settlement:
IN THE EIGHTH JUDICIAL DISTRICT COURT FOR THE STATE OF NEVADA
IN AND FOR THE COUNTY OF CLARK
DAN SCHMIDT, on Behalf of Himself and All Others |
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Similarly Situated, |
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Plaintiff, |
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Master File No. A-15-728234-B |
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Dept No. XI |
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LIBERATOR MEDICAL HOLDINGS, INC., et al., |
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CLASS ACTION |
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Defendants. |
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AND ALL CONSOLIDATED ACTIONS. |
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SUMMARY NOTICE
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ALL HOLDERS OF LIBERATOR MEDICAL HOLDINGS, INC. (“LMH”) COMMON STOCK WHO RECEIVED CONSIDERATION FOR THEIR SHARES IN THE ACQUISITION OF LMH BY C.R. BARD, INC. (“BARD”) FOR THE PRICE OF $3.35 PER SHARE, WHICH CLOSED ON JANUARY 21, 2016 (THE “ACQUISITION”) |
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the Eighth Judicial District Court for the State of Nevada, Clark County, that a hearing will be held on September 30, 2019, at 9:00 a.m., before the Honorable Elizabeth Gonzalez of the Eighth Judicial District Court of Clark County, Nevada, 200 Lewis Avenue, Las Vegas, Nevada, Courtroom 3E, for the purpose of determining: (1) whether the proposed settlement of the Litigation for $4,750,000 should be approved by the Court as fair, reasonable, and adequate; (2) whether an Order and Final Judgment should be entered by the Court dismissing the Litigation with prejudice and releasing the Released Claims and the Settled Defendant’s Released Claims; (3) whether the Plan of Allocation for the Net Settlement Fund is fair, reasonable, and adequate and should be approved; and (4) whether the application of Class Counsel for the payment of attorneys’ fees and expenses should be approved.
IF YOU HELD LMH COMMON STOCK AND RECEIVED CONSIDERATION IN THE ACQUISITION FOR THE PRICE OF $3.35 PER SHARE, WHICH CLOSED ON JANUARY 21, 2016, YOUR RIGHTS MAY BE AFFECTED BY THE SETTLEMENT OF THIS LITIGATION, INCLUDING THE RELEASE AND EXTINGUISHMENT OF CLAIMS YOU MAY POSSESS RELATING TO YOUR OWNERSHIP OF LMH COMMON STOCK. If you have not received a detailed Notice of Proposed Settlement of Class Action (“Notice”) and a copy of the Proof of Claim and Release form, you may obtain copies by writing to Liberator Settlement, Claims Administrator, c/o Gilardi & Co. LLC, P.O. Box 404130, Louisville, KY 40233-4130, or on the Internet at www.LiberatorSettlement.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 and Release by mail (postmarked no later than October 22, 2019), or online at www.LiberatorSettlement.com (no later than October 22, 2019), establishing that you are entitled to recovery.
All Members of the Class who did not timely and validly request exclusion from the Class will be bound by any judgment entered in the Litigation pursuant to the Stipulation of Settlement.
Any objection to the Settlement, the Plan of Allocation, and Class Counsel’s request for attorneys’ fees and expenses, must be received by each of the following recipients no later than September 9, 2019:
CLERK OF THE COURT
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Class Counsel:
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Counsel for Defendant:
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PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE REGARDING THIS NOTICE. If you have any questions about the Settlement, you may contact Class Counsel at the address listed above.
DATED: June 3, 2019 |
BY ORDER OF THE COURT
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