City of Ann Arbor Employees' Retirement System v. Accuray Incorporated et al

Filing 132

ORDER by Judge Claudia Wilken REVISED ORDER PRELIMINARILY APPROVING 126 SETTLEMENT AND PROVIDING FOR NOTICE (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit A3) (ndr, COURT STAFF) (Filed on 6/10/2011)

1 ROBBINS GELLER RUDMAN
& DOWD LLP
2 SHAWN A. WILLIAMS (213113)
DANIEL J. PFEFFERBAUM (248631)
3 Post Montgomery Center
One Montgomery Street, Suite 1800
4 San Francisco, CA 94104
Telephone: [phone]
5 415/288-4534 (fax)
[e-mail]
6 [e-mail]
– and –
7 JOY ANN BULL (138009)
655 West Broadway, Suite 1900
8 San Diego, CA 92101
Telephone: [phone]
9 619/231-7423 (fax)
[e-mail]
10
LABATON SUCHAROW LLP
11 CHRISTOPHER J. KELLER
JONATHAN GARDNER
12 MARK GOLDMAN
CAROL C. VILLEGAS
13 140 Broadway
New York, NY 10005
14 Telephone: [phone]
212/818-0477 (fax)
15 [e-mail]
[e-mail]
16 [e-mail]
[e-mail]
17
Co-Lead Counsel for Plaintiffs
18
UNITED STATES DISTRICT COURT
19
NORTHERN DISTRICT OF CALIFORNIA
20
OAKLAND DIVISION
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) Master File No. 4:09-cv-03362-CW
In re ACCURAY INC. SECURITIES
)
22 LITIGATION
) CLASS ACTION
)
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) SUMMARY NOTICE
This Document Relates To:
)
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) EXHIBIT A-3
ALL ACTIONS.
)
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ALL PERSONS WHO PURCHASED ACCURAY INC (“ACCURAY”) COMMON
STOCK BETWEEN FEBRUARY 7, 2007 AND AUGUST 19, 2008, INCLUSIVE
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United States District Court

for the Northern District of California, that a hearing will be held on September 1, 2011, at 2:00
p.m., before the Honorable Claudia Wilken at the Oakland Courthouse, 1301 Clay Street, Oakland,
California, for the purpose of determining: (1) whether the proposed settlement of the claims in the
Litigation for the sum of $13,500,000 in cash should be approved by the Court as fair, reasonable,
and adequate; (2) whether a Settlement Class should be certified for purposes of the Settlement; (3)
whether, thereafter, this Litigation should be dismissed with prejudice pursuant to the terms and
conditions set forth in the Stipulation of Settlement, dated as of April 27, 2011 (“Stipulation”); (4)
whether the Plan of Allocation is fair, reasonable, and adequate and therefore should be approved;
and (5) whether the application of Lead Counsel for the payment of attorneys’ fees (twenty-five
percent of the Settlement Fund) and expenses incurred in connection with this Litigation should be
approved.
If you purchased Accuray common stock during the period between February 7, 2007 and
August 19, 2008, inclusive, and were allegedly damaged thereby, your rights may be affected by the
settlement of this Litigation. If you have not received a detailed Notice of Pendency and Proposed
Settlement of Class Action (“Notice”) and a copy of the Proof of Claim and Release form (“Proof of
Claim”), you may obtain copies by writing to Accuray Securities Litigation, Claims Administrator,
c/o Gilardi & Co. LLC, P.O. Box 8040, San Rafael, CA 94912-8040 or going to www.gilardi.com.
If you are a Settlement Class Member, in order to share in the distribution of the Net Settlement
Fund, you must submit a Proof of Claim postmarked no later than September 12, 2011, establishing
that you are entitled to recovery.
If you desire to be excluded from the Settlement Class, you must submit a request for
exclusion postmarked by August 15, 2011, in the manner and form explained in the detailed Notice
referred to above. All Members of the Settlement Class who do not timely and validly request
exclusion from the Settlement Class will be bound by any judgment entered in the Litigation
pursuant to the terms and conditions of the Stipulation.

SUMMARY NOTICE - 4:09-cv-03362-CW

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Class members may submit an objection to the settlement and/or request for attorneys' fees.

2 Any objection to the Settlement must be postmarked and mailed no later than August 15, 2011 to
3 each of the following:

7

CLERK OF THE COURT
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Ronald V. Dellums Federal Building
1301 Clay Street, Suite 400S
Oakland, CA 94612

8

Counsel for Lead Plaintiffs:

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Joy Ann Bull
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101

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Counsel for Defendants:

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Ignacio E. Salceda
WILSON SONSINI GOODRICH & ROSATI, P.C.
650 Page Mill Road
Palo Alto, CA 94304-1050
PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE REGARDING
THIS NOTICE. If you have any questions about the Settlement, or to verify the date and time of
the Final Approval Hearing, which is subject to change, you may contact counsel for the Lead
Plaintiffs at the address listed above or go to the following website: www.gilardi.com.

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DATED: ________________, 2011

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BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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SUMMARY NOTICE - 4:09-cv-03362-CW

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