Proposed Settlement Reached in Bally Total Fitness Securities Fraud Class Action; Settlement Approval Hearing To Be Held on November 18, 2010 at 2:00 p.m.
PHILADELPHIA, Sept. 21 /PRNewswire/ -- Counsel for Plaintiffs in the In re: Bally Total Fitness Securities Litigation class action have announced the following:
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
In re Bally Total Fitness Securities Litigation: Case No. 04 C 3530
SUMMARY NOTICE OF: (1) PENDENCY AND SETTLEMENT OF CLASS ACTION; (2) MOTION FOR ATTORNEYS' FEES AND EXPENSES; AND (3) COURT HEARING
Notice to all Persons Who Acquired Bally Total Fitness Holding Corp. (NYSE: BFT) Common Stock Between August 3, 1999 and April 28, 2004 (the Class Period):
YOU ARE HEREBY NOTIFIED that a hearing will be held before the Honorable John F. Grady on November 18, 2010 at 2:00 p.m. in Courtroom 2201 of the U.S. District Court for the Northern District of Illinois, 219 South Dearborn Street, Chicago, IL 60604, for the purpose of determining whether: (a) the proposed settlement of the claims in the above-captioned litigation for the sum of $2 million should be approved by the court as fair, reasonable, and adequate; (b) thereafter, this litigation should be dismissed with prejudice as set forth in the Stipulation of Settlement dated June 29, 2010; (c) the Plan of Allocation of the Net Settlement Fund is fair, reasonable, and adequate and should be approved; and (d) the application by Plaintiffs' Counsel for an award of attorneys' fees for their time devoted to this litigation and for reimbursement of expenses should be approved.
If you are a Class Member, your rights may be affected by the settlement of this litigation. This notice is only a summary. If you have not yet received the more lengthy "Notice of: (1) Pendency and Settlement of Class Action; (2) Motion for Attorneys' Fees and Expenses; and (3) Court Hearing" (the "Settlement Notice") which describes in detail the terms of the proposed settlement and your rights thereunder, and a Proof of Claim and Release form, you may obtain copies of those documents by visiting www.bally.hrsclaims.com, calling the Claims Administrator at 1-800-335-2852, or writing to:
Claims Administrator |
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Bally Total Fitness Securities Litigation |
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Heffler, Radetich & Saitta, LLP |
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P.O. Box 58519 |
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Philadelphia, PA 19102-8519 |
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Inquiries other than requests for the above-referenced documents may also be made to Plaintiff's
Lead Counsel: |
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Sherrie R. Savett, Esq. |
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Berger & Montague, P.C. |
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1622 Locust Street |
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Philadelphia, PA 19103 |
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Tel: (215) 875-3000 |
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If you are a Class Member and would like to share in the distribution of the Net Settlement Fund, you must submit a Proof of Claim and Release form no later than January 6, 2011, establishing that you are entitled to recovery. You will be bound by any judgment rendered in the litigation, whether or not you file a claim. If you are a Class Member and would like to object to any part of the settlement or the application by Plaintiff's Counsel for an award of attorneys' fees and reimbursement of expenses, you must send a letter stating your objection by November 8, 2010 in the manner and form explained in the detailed Settlement Notice referenced above. If you wish to be excluded from the Class (i.e., opt out), you must file a request for exclusion by November 8, 2010 in the manner and form explained in the detailed Settlement Notice referenced above. All Class Members who have not requested exclusion from the Class will be bound by any judgment entered in the litigation and the Release set forth in the Settlement Notice and the Proof of Claim and Release.
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE FOR INFORMATION. PLEASE CONTACT THE CLAIMS ADMINISTRATOR INSTEAD, AS NOTED ABOVE.
DATED: September 21, 2010 |
BY ORDER OF THE DISTRICT COURT |
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The Honorable John F. Grady |
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United States District Judge |
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SOURCE Berger & Montague, P.C.
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