Dhingra v. Crocs, Inc. et al

Filing 205

ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE. The Court preliminarily approves the Stipulation and the Settlement set forth therein, subject to further consideration at the Settlement Hearing. A hearing is set for 2/13/2014 at 09:00 AM before Judge Philip A. Brimmer. By Judge Philip A. Brimmer on 8/28/13. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3) (mnfsl, )

EXHIBIT A-2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 07-cv-02351-PAB-KLM (Consolidated With: Civil Action No. 07-cv02412-MSK, 07-cv-02454-EWN, 07-cv-02465-WYD, and 07-cv-02469-DME)
In re Crocs, Inc., Securities Litigation
SUMMARY NOTICE
TO:

ALL PERSONS WHO PURCHASED OR ACQUIRED CROCS, INC. (“CROCS”)
PUBLICLY TRADED SECURITIES DURING THE PERIOD BETWEEN APRIL
2, 2007 THROUGH APRIL 14, 2008, INCLUSIVE
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United States

District Court for the District of Colorado, that a hearing will be held on _______, 2012,
at ____ a.m./p.m., before the Honorable Philip A. Brimmer at the United States
Courthouse, 901 19th Street, Courtroom A701, Denver, Colorado, for the purpose of
determining (1) whether the proposed partial settlement of the claims in the Action for
the sum of $10,000,000 in cash (the “Settlement Fund”) should be approved by the
Court as fair, reasonable, and adequate; (2) whether a proposed settlement class
should be certified for the purposes of the Settlement; (3) whether, thereafter, the Action
should be dismissed with prejudice as to the Settling Defendants pursuant to the terms
and conditions set forth in the Stipulation and Agreement of Partial Class Settlement
dated May 14, 2012 (“Stipulation”); (4) whether the proposed plan of allocation is fair,
reasonable, and adequate and therefore should be approved; and (5) whether Plaintiffs’
Counsel’s request for an award of attorneys’ fees of up to 33 1/3% of the Settlement

Fund and up to $250,000.00 in reimbursement of expenses incurred in connection with
the Action should be approved.
If you purchased or acquired Crocs securities during the period April 2, 2007
through April 14, 2008, inclusive, your rights may be affected by the Settlement of this
Action. If you have not received a detailed Notice of Pendency and Proposed Partial
Settlement of Class Action (“Notice”) and a copy of the Proof of Claim and Release
form, you may obtain copies by writing to:
Crocs Securities Litigation
Claims Administrator
c/o GCG
PO Box 9889
Dublin, OH 43017-5789
[phone]
If you are a Settlement Class Member, in order to share in the distribution of the
Net Settlement Fund, you must submit a complete and valid Proof of Claim and Release
form postmarked no later than _________, 2012, establishing that you are entitled to
recovery.
IF YOU BELIEVE YOU MIGHT BE A SETTLEMENT CLASS MEMBER, YOU ARE
STRONGLY URGED TO OBTAIN THE NOTICE AND PROOF OF CLAIM AND
RELEASE FORM AS THIS IS ONLY A SUMMARY NOTICE AND THE FULL DETAILS
OF THE PROPOSED SETTLEMENT, PLAN OF ALLOCATION, REQUEST FOR
ATTORNEYS’ FEES AND REIMBURSEMENT OF EXPENSES, AND THEIR
POTENTIAL IMPACT ON YOU AND YOUR RIGHTS ARE SET FORTH IN THAT
NOTICE.
If you wish to be excluded from the Settlement Class, you must submit a request
for exclusion postmarked no later than _________, 2012, 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
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by any judgment entered in the Action pursuant to the terms and conditions of the
Stipulation.
If you wish to object to the proposed settlement, the proposed plan of allocation
and/or Plaintiffs’ Counsel’s request for an award of attorneys’ fees and/or
reimbursement of expenses, you must file any objection in the manner and with the
content explained in the detailed Notice referred to above, no later than
____________, 2012, with:
The Court:
CLERK OF THE COURT
UNITED STATES DISTRICT COURT
DISTRICT OF COLORADO
Alfred A. Arraj United States Courthouse
Room A-105
901 19th Street
Denver, Colorado 80294-3589
Plaintiffs’ Counsel:
David Brower
BROWER PIVEN
A Professional Corporation
488 Madison Avenue, 8th Floor
New York, NY 10022
and
Counsel for Settling Defendants:
Paul T. Friedman
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, CA 94105

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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

Plaintiffs’ Counsel or the Claims Administrator at the addresses listed above or go to the
following website: www.gcginc.com/cases/CrocsSecuritiesLitigation.

DATED: ______________

BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
DISTRICT OF COLORADO

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