Kessler Topaz Meltzer & Check, LLP Issue the Following Statement Regarding the In re R.H. Donnelley Corp. ERISA Litigation
CHICAGO, Aug. 24, 2012 /PRNewswire/ -- Kessler Topaz Meltzer & Check, LLP:
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
IN RE R.H. DONNELLEY CORP. ERISA LITIGATION
Case No. 09-CV-7571
Honorable Robert W. Gettleman
Magistrate Judge Michael T. Mason
TO:
ALL PERSONS (EXCLUDING THE INDIVIDUALLY-NAMED DEFENDANTS AND THEIR IMMEDIATE FAMILY MEMBERS) WHO WERE PARTICIPANTS IN OR BENEFICIARIES OF THE R.H. DONNELLEY 401(K) SAVINGS PLAN (NOW KNOWN AS THE DEX ONE 401(K) SAVINGS PLAN) (THE "PLAN") AT ANY TIME BETWEEN JULY 26, 2007 AND JANUARY 29, 2010, INCLUSIVE (THE "CLASS PERIOD"), AND WHOSE ACCOUNTS INCLUDED INVESTMENTS IN R.H. DONNELLEY COMMON STOCK AT ANY POINT DURING THE CLASS PERIOD (THE "SETTLEMENT CLASS")
PLEASE READ THIS NOTICE CAREFULLY.
A FEDERAL COURT AUTHORIZED THIS NOTICE.
THIS IS NOT A SOLICITATION.
YOU ARE NOT BEING SUED.
A Settlement has been preliminarily approved by a federal court in a class action lawsuit against R.H. Donnelley Corporation (now known as Dex One Corporation) ("RHD" or the "Company"), and certain individuals, including former officers and directors of RHD, alleging breaches of fiduciary duties under the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). The lawsuit is referred to herein as the "Action." This Settlement will provide for a Settlement Payment of $2,125,000 (two million one hundred twenty-five thousand U.S. dollars) to the Plan, minus Court-approved attorneys' fees and expenses, costs of administering the Settlement, and Case Contribution Awards to the Named Plaintiffs. The Settlement will be allocated to Plan participants who were invested in the RHD Common Stock Fund ("RHD Stock Fund") during the Class Period pursuant to the Court-approved Plan of Allocation. The United States District Court for the Northern District of Illinois authorized this Notice. A final approval hearing (the "Final Approval Hearing") will be held on November 8, 2012, at 9:30 a.m., before the Honorable Robert W. Gettleman, United States District Court Judge to determine, among other things (as set forth in the parties' proposed Final Approval Order): (1) whether the proposed $2.125 million Settlement should be granted final approval; (2) whether the proposed Plan of Allocation is fair, reasonable, and adequate; (3) whether Class Counsel's request for an award of attorneys' fees, costs, and expenses and for a Case Contribution Award to the Named Plaintiffs relating to their representation of the Settlement Class should be approved; and (4) whether the Action and the claims of the members of the Settlement Class against Defendants should be dismissed on the merits with a direction to the Clerk of the Court to enter final judgment pursuant to Federal Rule 54(b), finding that there is no just reason for delay of enforcement or appeal of the Order as set forth in the Settlement Agreement and Release (the "Settlement Agreement") filed with the Court. The Final Approval Hearing will be held at the United States District Court for the Northern District of Illinois, Eastern Division, Everett McKinley Dirksen United States Courthouse, Room 1703, 219 South Dearborn Street, Chicago, IL 60604, or such other courtroom as the Court may designate.
If you are a member of the Settlement Class as defined above, your rights may be affected by the proposed Settlement and release of Parties and claims, as set forth in the Settlement Agreement. The Individual Defendants and their immediate family members are excluded from the Settlement.
You do not have the right to exclude yourself from the Settlement in this case, but you do have the right to object by writing to the Court. Any objection to the Settlement, must be filed with the clerk of the Court and served upon each of the following law firms no later than October 8, 2012, at the addresses listed below:
CLERK Clerk of the Court United States District Court for the Northern District of Illinois, Eastern Division Everett McKinley Dirksen United States Courthouse 219 South Dearborn Street Chicago, IL 60604 |
CLASS COUNSEL Edward W. Ciolko Peter A. Muhic Mark K. Gyandoh KESSLER TOPAZ MELTZER & CHECK, LLP 280 King of Prussia Road Radnor, PA 19087 |
DEFENDANTS' COUNSEL Erin E. Kelly David F. Graham James W. Ducayet SIDLEY AUSTIN LLP 1 South Dearborn Street Chicago, IL 60603 |
If the Settlement is approved by the Court and you are a member of the Settlement Class, you will receive any Net Settlement Payment you are entitled to receive under the Settlement Agreement without having to file a claim.
If you are a member of the Settlement Class and have not yet received the Class Notice, or if you want more information regarding anything in this Publication Notice, you may obtain such information by visiting www.RHDonnelleyERISAsettlement.com, calling toll‑free 866-217-4461, by writing to Class Counsel listed above or sending an email to [email protected].
DO NOT CONTACT THE COURT, THE CLERK'S OFFICE, THE COMPANY, OR DEFENDANTS REGARDING THIS NOTICE. THEY WILL NOT BE ABLE TO ANSWER YOUR QUESTIONS.
DATED: AUGUST 24, 2012
By Order of the Court
Contact
Kessler Topaz Meltzer & Check, LLP
Peter Muhic, 866-217-4461
SOURCE Kessler Topaz Meltzer & Check, LLP
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