TO: ALL PERSONS AND ENTITIES THAT PURCHASED AMGEN INC. PUBLICLY TRADED SECURITIES DURING THE PERIOD FROM APRIL 22, 2004 THROUGH MAY 10, 2007, INCLUSIVE (THE "CLASS PERIOD"), AND WERE DAMAGED THEREBY (THE "CLASS")
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the Court, that the Class Representative in the above-captioned class action (the "Action"), on behalf of itself and the certified Class, has reached a proposed Settlement of the Action with Amgen Inc. ("Amgen"), Kevin W. Sharer, Richard D. Nanula, Roger M. Perlmutter, and George J. Morrow (collectively, the "Individual Defendants" and, with Amgen, the "Defendants"). The Settlement provides for a total payment of $95,000,000 in cash (the "Settlement Amount") for the benefit of the Class that, if approved, will resolve all claims in the Action against Defendants and grant the releases specified and described in the Stipulation and Agreement of Settlement, dated July 20, 2016 (the "Stipulation").
A hearing will be held on October 25, 2016 at 1:30 p.m., before the Honorable Philip S. Gutierrez in Courtroom 880 of the United States District Court for the Central District of California, Edward R. Roybal Federal Building and Courthouse, 255 East Temple Street, Los Angeles, CA 90012, to determine, among other things, whether: (1) the proposed Settlement should be approved by the Court as fair, reasonable, and adequate; (2) the Action should be dismissed with prejudice as set forth in the Stipulation; (3) the proposed Plan of Allocation for the distribution of the Settlement Amount and any interest thereon, less any Court-awarded attorneys' fees, Notice and Administration Expenses, Taxes, and other costs, fees, or expenses approved by the Court (the "Net Settlement Fund") should be approved as fair and reasonable; and (4) Class Counsel's application for an award of attorneys' fees and payment of litigation expenses should be granted. The Court may change the date of the Settlement Hearing without providing another notice. You do NOT need to attend the Settlement Hearing in order to receive a distribution from the Net Settlement Fund.
IF YOU ARE A MEMBER OF THE CLASS DESCRIBED ABOVE, YOUR RIGHTS WILL BE AFFECTED AND YOU MAY BE ENTITLED TO SHARE IN THE NET SETTLEMENT FUND. If you have not yet received the full printed Notice of Proposed Class Action Settlement and Motion for Attorneys' Fees and Expenses (the "Settlement Notice") and a Proof of Claim and Release form ("Proof of Claim"), you may obtain copies of these documents by contacting the Claims Administrator or visiting its website at:
Amgen Securities Litigation
PO Box 4178
Portland, OR 97208-4178
If you are a Class Member, in order to be eligible to share in the distribution of the Net Settlement Fund, you must submit a Proof of Claim form postmarked or received on or before December 23, 2016.
If you previously submitted a valid and timely request for exclusion from the Class in connection with the Notice of Pendency of Class Action ("Class Notice") and you wish to remain excluded, no further action is required. (You will not be bound by any judgments or orders entered by the Court in the Action and you will not be eligible to share in the Net Settlement Fund.) However, if you previously submitted such a request for exclusion from the Class in connection with the Class Notice and you want to opt-back into the Class now for the purpose of being eligible to receive a payment from the Net Settlement Fund, you may do so. In order to opt-back into the Class, you must submit a request to opt-back into the Class in writing such that it is received on or before October 4, 2016, in accordance with the instructions set forth in the Settlement Notice.
If you did not previously submit a request for exclusion but you do not want to be in the Class and be eligible to receive a payment from the Settlement, you may exclude yourself from the Class now. To exclude yourself from the Class, you must submit a written request for exclusion in accordance with the instructions set forth in the Settlement Notice such that it is received on or before October 4, 2016. If you are a Class Member and do not exclude yourself from the Class, you will be bound by any judgments or orders entered by the Court in the Action.
Any objections to the proposed Settlement, the proposed Plan of Allocation, or the application for attorneys' fees and payment of expenses must be mailed to Class Counsel and Defendants' Counsel such that they are received on or before October 4, 2016, in accordance with the instructions set forth in the Settlement Notice.
Inquiries, other than requests for copies of the Settlement Notice and Proof of Claim form, may be directed to Class Counsel:
Thomas A. Dubbs, Esq.
Christopher J. McDonald, Esq.
LABATON SUCHAROW LLP
New York, NY 10005
Dated: September 8, 2016
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
To view the original version on PR Newswire, visit:http://www.prnewswire.com/news-releases/the-law-firm-of-labaton-sucharow-llp-announces-a-proposed-95-million-class-action-settlement-involving-persons-and-entities-that-purchased-the-publicly-traded-securities-of-amgen-inc-300324268.html
SOURCE Labaton Sucharow LLP