Eichenholtz v. Verifone Holdings, Inc. et al

Filing 320

AMENDED ORDER 307 Preliminarily Approving Settlement and Providing for Notice. Signed by Judge Edward M. Chen on 10/16/2013. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3). (emcsec, COURT STAFF) (Filed on 10/16/2013)

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1 ROBBINS GELLER RUDMAN & DOWD LLP 2 CHRISTOPHER P. SEEFER (201197) CHRISTOPHER M. WOOD (254908) 3 Post Montgomery Center One Montgomery Street, Suite 1800 4 San Francisco, CA 94104 Telephone: 415/288-4545 5 415/288-4534 (fax) chriss@rgrdlaw.com 6 cwood@rgrdlaw.com – and – 7 PATRICK J. COUGHLIN (111070) RANDI D. BANDMAN (145212) 8 FRANCIS A. DIGIACCO (265625) 655 West Broadway, Suite 1900 9 San Diego, CA 92101 Telephone: 619/231-1058 10 619/231-7423 (fax) patc@rgrdlaw.com 11 randib@rgrdlaw.com fdigiacco@rgrdlaw.com 12 Lead Counsel for Plaintiffs 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 In re VERIFONE HOLDINGS, INC. ) Master File No. 3:07-cv-06140-EMC 16 SECURITIES LITIGATION ) ) CLASS ACTION 17 ) ) SUMMARY NOTICE This Document Relates To: 18 ) ) EXHIBIT A-3 ALL ACTIONS. 19 ) 20 21 22 23 24 25 26 27 28 853573_2 1 TO: 2 ALL PERSONS WHO PURCHASED VERIFONE SYSTEMS, INC. (F/K/A VERIFONE HOLDINGS, INC.) (“VERIFONE”) COMMON STOCK AND/OR VERIFONE PUT AND CALL OPTIONS BETWEEN AUGUST 31, 2006 AND APRIL 1, 2008, INCLUSIVE 3 YOU ARE HEREBY NOTIFIED that pursuant to an Order of the United States District 4 Court for the Northern District of California, a hearing will be held on February 6, 2014, at 1:30 5 p.m., before the Honorable Edward M. Chen, United States District Judge, at the United States 6 District Court for the Northern District of California, 450 Golden Gate Avenue, Courtroom 5-17th 7 Floor, San Francisco, CA 94102, for the purpose of determining: (1) whether the proposed 8 settlement of the Litigation for the sum of $95,000,000 in cash should be approved by the Court as 9 fair, reasonable, and adequate; (2) whether, thereafter, this Litigation should be dismissed with 10 prejudice against the Defendants as set forth in the Stipulation of Settlement dated as of August 8, 11 2013; (3) whether the Plan of Allocation of settlement proceeds is fair, reasonable, and adequate and 12 therefore should be approved; and (4) the reasonableness of the application of Lead Counsel for the 13 payment of attorneys’ fees and expenses incurred in connection with this Litigation, together with 14 interest thereon. 15 If you purchased VeriFone common stock or VeriFone put and call options between August 16 31, 2006 and April 1, 2008, inclusive, on any domestic or foreign exchange or otherwise, your rights 17 may be affected by this Litigation and the settlement thereof. If you have not received a detailed 18 Notice of Proposed Settlement of Class Action and a copy of the Proof of Claim and Release form, 19 you may obtain copies by writing to VeriFone Securities Litigation, Claims Administrator, c/o 20 Gilardi & Co. LLC, P.O. Box 8040, San Rafael, CA 94912-8040, or by downloading this 21 information at www.gilardi.com. If you are a Class Member, in order to share in the distribution of 22 the Net Settlement Fund, you must submit a Proof of Claim and Release form postmarked no later 23 than January 29, 2014, establishing that you are entitled to a recovery. You will be bound by any 24 judgment rendered in the Litigation unless you request to be excluded, in writing, to the above 25 address, postmarked by December 30, 2013. 26 Any objection to any aspect of the settlement must be filed with the Clerk of the Court no 27 later than December 30, 2013. 28 853573_2 SUMMARY NOTICE - 3:07-cv-06140-EMC -1- 1 PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE 2 REGARDING THIS NOTICE. 3 DATED: __________________, 2013 4 BY ORDER OF THE COURT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 853573_2 SUMMARY NOTICE - 3:07-cv-06140-EMC -2-

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