In re: UTSTARCOM, INC. SECURITIES LITIGATION

Filing 422

STIPULATION AND ORDER APPROVING FORM AND MANNER OF NOTICE re 420 Stipulation. Signed by Judge James Ware on 8/9/2010. (ecg, COURT STAFF) (Filed on 8/9/2010)

In re: UTSTARCOM, INC. SECURITIES LITIGATION

Doc. 422

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) ) ) ) Master File No. C-04-4908-JW(PVT) CLASS ACTION STIPULATION AND [PROPOSED] ORDER APPROVING FORM AND MANNER OF NOTICE

In re UTSTARCOM, INC. SECURITIES 16 LITIGATION 17 18 19 20 21 22 23 24 25 26 27 28 This Document Relates To: ALL ACTIONS.

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WHEREAS, on May 12, 2010 the United States District Court for the Northern District of

2 California certified a Class of all persons or entities who purchased or otherwise acquired 3 UTStarcom, Inc. ("UTStarcom") securities between February 21, 2003 and July 23, 2007, inclusive, 4 and who did not sell such acquired securities before October 23, 2003 and who were damaged, as 5 defined in the Notice of Pendency of Class Action; 6 WHEREAS, UTStarcom has previously provided the transfer records for all persons or

7 entities who purchased or otherwise acquired UTStarcom publicly traded securities between 8 February 21, 2003 and July 23, 2007 to Gilardi & Co. LLC in connection with the pending partial 9 settlement that if finally approved, would resolve all of plaintiffs' claims against the UTStarcom 10 defendants; 11 12 NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The Court approves, as to form and content, the Notice of Pendency of Class Action

13 (the "Notice") and the Summary Notice from the United States District Court for the Northern 14 District of California ("Summary Notice") annexed as Exhibits 1 and 2 hereto, and finds that the 15 mailing and distribution of the Notice and the publishing of the Summary Notice substantially, in the 16 manner and form set forth in paragraphs 2 and 3 of this Order, meet the requirements of Fed. R. Civ. 17 P. 23 and due process, and are the best notice practicable under the circumstances and shall 18 constitute due and sufficient notice to all persons entitled thereto. 19 2. The firm of Gilardi & Co. LLC ("Claims Administrator") is hereby appointed to

20 supervise and administer the notice procedure set forth below: 21 (a) Not later than August 16, 2010, lead counsel shall cause a copy of the Notice

22 substantially in the form annexed as Exhibit 1 hereto, to be mailed by first class mail to all Class 23 members who can be identified with reasonable effort; 24 (b) Not later than August 23, 2010, lead counsel shall cause the Summary Notice

25 to be published once in Investor's Business Daily. 26 3. Nominees who purchased or acquired the publicly traded securities of UTStarcom for

27 the beneficial ownership of Class members during the Class Period shall send the Notice to all 28 beneficial owners of such UTStarcom securities within ten (10) days after receipt thereof, or if they
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1 have not already done so in connection with the Notice of Pendency and Proposed Settlement of 2 Class Action dated May 13, 2010 previously sent in connection with the proposed settlement with 3 the UTStarcom defendants, send a list of the names and addresses of such beneficial owners to the 4 Claims Administrator within ten (10) days of receipt thereof, in which event the Claims 5 Administrator shall promptly mail the Notice to such beneficial owners. Lead counsel shall, if 6 requested, reimburse banks, brokerage houses or other nominees solely for their reasonable out-of7 pocket expenses incurred in providing Notice to beneficial owners who are Class members, which 8 expenses would not have been incurred except for the sending of such Notice, subject to further 9 order of this Court with respect to any dispute concerning such compensation. 10 4. Any person falling within the definition of the Class may, upon request, be excluded

11 from the Class. Any such person must submit to the Claims Administrator a request for exclusion 12 ("Request for Exclusion"), postmarked no later than October 7, 2010. A Request for Exclusion must 13 state: (a) the full name and address of the person requesting exclusion; (b) that the person wishes to 14 be excluded from the Class; and (c) be signed. All persons who submit valid and timely Requests 15 for Exclusion in the manner set forth in this paragraph shall not be bound by any judgment entered in 16 this litigation. 17 5. Nothing in this stipulation and order or in the notices to be distributed pursuant to this

18 stipulation and order shall be deemed a waiver of any of the SoftBank defendants' objections to 19 certification of the Class. 20 IT IS SO STIPULATED by and between counsel. ROBBINS GELLER RUDMAN & DOWD LLP SHAWN A. WILLIAMS SHIRLEY H. HUANG DANIEL J. PFEFFERBAUM PHILLIP G. FREEMON

21 DATED: July 29, 2010 22 23 24 25 26 27 28
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s/ Shawn A. Williams SHAWN A. WILLIAMS 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: [phone]
STIPULATION & [PROPOSED] ORDER APPROVING FORM & MANNER OF NOTICE ­

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 DATED: July 29, 2010

415/288-4534 (fax) ROBBINS GELLER RUDMAN & DOWD LLP JOHN J. RICE 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: [phone] (fax) Lead Counsel for Plaintiffs SULLIVAN & CROMWELL LLP ROBERT A. SACKS JASON DE BRETTEVILLE R. JEREMY ADAMSON

s/ Robert A. Sacks ROBERT A. SACKS 1870 Embarcadero Road Palo Alto, California 94303 Telephone: [phone] (fax) Attorneys for Defendants SoftBank America, Inc., SoftBank Holdings, Inc., and SoftBank Corporation

I, Shawn A. Williams, am the ECF User whose ID and password are being used to file this 18 Stipulation and [Proposed] Order Approving Form and Manner of Notice. In compliance with General Order 45, X.B., I hereby attest that Robert A. Sacks has concurred in this filing. 19 s/ Shawn A. Williams SHAWN A. WILLIAMS 20 21 22 23 24 IT IS SO ORDERED. * * ORDER *

August 9, 2010 25 DATED: _________________________

26 27 28
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THE HONORABLE JAMES WARE UNITED STATES DISTRICT JUDGE

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CERTIFICATE OF SERVICE I hereby certify that on July 29, 2010, I authorized the electronic filing of the foregoing with

3 the Clerk of the Court using the CM/ECF system which will send notification of such filing to the 4 e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I 5 caused to be mailed the foregoing document or paper via the United States Postal Service to the non6 CM/ECF participants indicated on the attached Manual Notice List. 7 I certify under penalty of perjury under the laws of the United States of America that the

8 foregoing is true and correct. Executed on July 29, 2010. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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s/ Shawn A. Williams SHAWN A. WILLLIAMS ROBBINS GELLER RUDMAN & DOWD LLP 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: [phone] (fax) E-mail:[e-mail]

STIPULATION & [PROPOSED] ORDER APPROVING FORM & MANNER OF NOTICE ­

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Mailing Information for a Case 5:04-cv-04908-JW
Electronic Mail Notice List
The following are those who are currently on the list to receive e-mail notices for this case. I. Avery [e-mail]
Patricia

J. Belfi [e-mail],[e-mail]
Eric

J. Coughlin [e-mail],[e-mail],[e-mail]
Patrick

L. Dieringer [e-mail],[e-mail]
Stephanie

C. Epstein [e-mail],[e-mail],[e-mail]
Kimberly

Weisbard Foung [e-mail],[e-mail]
Cheryl

L. Frank [e-mail],[e-mail]
Marvin

Phillip Freemon [e-mail],[e-mail],[e-mail]
Gregory

Z. Glancy [e-mail]
Lionel

M. Goldberg [e-mail]
Michael

Howard Gordon [e-mail],[e-mail]
Philip

M. Healy [e-mail],[e-mail]
Nicole

Kristoffer Hogberg [e-mail],[e-mail],[e-mail]
Sverker

H. Huang [e-mail],[e-mail],[e-mail],[e-mail],[e-mail]
Shirley

T. Johnson [e-mail],[e-mail],[e-mail],[e-mail]
Terry

J. Keller [e-mail],[e-mail],[e-mail]
Christopher

Jacob Ketroser [e-mail]
Bryan

S. Lerach [e-mail]
William

Pei Lin [e-mail],[e-mail],[e-mail]
Elizabeth

MacDiarmid [e-mail]
Dale

David Nefouse [e-mail],[e-mail]
Louis

F. Park [e-mail],[e-mail],[e-mail],[e-mail]
Keith

Jacob Pfefferbaum [e-mail],[e-mail],[e-mail],[e-mail],[e-mail],[e-mail]
Daniel Mark

Punzalan [e-mail],[e-mail],[e-mail],[e-mail],[e-mail],jdito@fink R. Rickert [e-mail]
Rachele

Jay Robbins [e-mail]
Darren

https://ecf.cand.uscourts.gov/cgi-bin/MailList.pl?335524191500506-L_366_0-1

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Andrew Sacks [e-mail]
Robert

Seyedin-Noor [e-mail],[e-mail]
Bahram

Sum [e-mail],[e-mail],[e-mail]
Sylvia

K Tripodi [e-mail]
Elizabeth

A. Williams [e-mail],[e-mail],[e-mail],[e-mail],[e-mail],[e-mail],[e-mail]
Shawn

de Bretteville [e-mail],[e-mail],[e-mail],[e-mail]
Jason

Manual Notice List
The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing). You may wish to use your mouse to select and copy this list into your word processing program in order to create notices or labels for these recipients.
Sam Brott 550 West C Street San Diego, CA 92101 Paul T. Curley Murray Frank & Sailer LLP 275 Madison Avenue Suite 801 New York, NY 10016 Boris Feldman Wilson Sonsini Goodrich & Rosati 650 Page Mill Road Palo Alto, CA 94304-1050

https://ecf.cand.uscourts.gov/cgi-bin/MailList.pl?335524191500506-L_366_0-1

7/29/2010