Robbins Geller Rudman & Dowd LLP Announce Proposed Settlement in the Liberator/JMP Settlement

LAS VEGAS--()--The following statement is being issued by Robbins Geller Rudman & Dowd LLP regarding the Liberator/JMP 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 Similarly Situated,

Plaintiff,

vs.

LIBERATOR MEDICAL HOLDINGS, INC., et al.,

Defendants.

 

AND ALL CONSOLIDATED ACTIONS.

 

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Master File No. A-15-728234-B

Dept No. XI

CLASS ACTION

 

 

SUMMARY NOTICE

TO: 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 July 13, 2020, 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 for $3,000,000 should be approved by the Court as fair, reasonable, and adequate; (2) whether an Order and Final Judgment should be entered by the Court; (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.1 This Settlement Amount exists in addition to the $4,750,000 settlement amount involved in the related Libratore Settlement, resulting in a total proposed recovery for the Class of $7,750,000.

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, 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/JMP 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 July 28, 2020), or online at www.LiberatorSettlement.com (no later than July 28, 2020), establishing that you are entitled to recovery. If you have previously submitted a valid Proof of Claim in connection with the related Libratore Settlement, you do not need to submit another Proof of Claim for this Settlement. Please contact the Claims Administrator if you have any questions concerning whether you have previously submitted a valid Proof of Claim.

All Members of the Class who did not timely and validly request exclusion from the Class will be bound by any judgment entered pursuant to the Stipulation of Settlement.

Any objection to the Settlement, the Plan of Allocation, and/or Class Counsel’s request for attorneys’ fees and expenses, must be received by each of the following recipients no later than June 22, 2020:

CLERK OF THE COURT

DEPARTMENT XI

EIGHTH JUDICIAL DISTRICT COURT

CLARK COUNTY, NEVADA

200 Lewis Avenue

Las Vegas, NV 89155

 

Class Counsel:

ROBBINS GELLER RUDMAN & DOWD LLP

David Knotts

655 West Broadway, Suite 1900

San Diego, CA 92101

 

Counsel for JMP:

WILSON SONSINI GOODRICH & ROSATI, P.C.

Steven Guggenheim

650 Page Mill Road

Palo Alto, CA 94304

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: March 9, 2020

 

BY ORDER OF THE COURT
EIGHTH JUDICIAL DISTRICT COURT
CLARK COUNTY, NEVADA


1 Capitalized terms not otherwise defined herein have the meaning given to them in the Stipulation of Settlement dated February 5, 2020.

Contacts

Robbins Geller Rudman & Dowd LLP
Shareholder Relations
Rick Nelson­­
1- 619-231-1058

Contacts

Robbins Geller Rudman & Dowd LLP
Shareholder Relations
Rick Nelson­­
1- 619-231-1058