Summary Notice of Pendency and Proposed Settlement of Class Action and Settlement Fairness Hearing
VILLANOVA, Pa., March 8 /PRNewswire/ --
EXHIBIT A-3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SANDRA LIFSCHITZ, Individually and on Civil Action No. Behalf of All Others Similarly Situated, 08 Civ. 6394 (RMB) Plaintiff, vs. HEXION SPECIALTY CHEMICALS, INC., CRAIG O. MORRISON, and JOSHUA J. HARRIS, Defendants.
TO: ALL PERSONS WHO PURCHASED THE COMMON STOCK OR CALL OPTIONS OR SOLD PUT OPTIONS OF HUNTSMAN CORPORATION BETWEEN MAY 9, 2008 AND JUNE 18, 2008, INCLUSIVE (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 above-captioned action (the "Action") has been conditionally certified as a class action and that a settlement for $18,000,000 has been proposed. A hearing will be held before the Honorable Richard M. Berman, United States District Judge, on May 18, 2010 at 11:00 a.m. in Courtroom 21B of the United States Courthouse, 500 Pearl Street, New York, New York 10007, to determine whether:
1. The Class should be finally certified for settlement purposes;
2. The proposed settlement of the Action for $18,000,000, plus interest, is fair, reasonable and adequate and should be approved by the Court;
3. An Order and Final Judgment should be entered dismissing all claims in the Action against the Defendants, releasing the Released Persons from any and all Released Claims and dismissing the Action with prejudice and without costs;
4. The Plan of Distribution of the Net Settlement Fund should be approved; and
5. Attorneys' fees and expenses requested by Plaintiffs' Lead Counsel should be awarded.
IF YOU ARE A MEMBER OF THE CLASS DESCRIBED ABOVE, YOUR RIGHTS WILL BE AFFECTED AND YOU MAY BE ENTITLED TO SHARE IN THE SETTLEMENT FUND. If you have not yet received the full printed Notice of Pendency and Proposed Settlement of Class Action, Settlement Fairness Hearing and Application for Attorneys' Fees and Expenses (the "Notice") and a Proof of Claim and Release form, you may obtain copies of these documents by contacting:
Lifschitz v. Hexion Specialty Chemicals, Inc. |
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c/o Valley Forge Administrative Services |
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P.O. Box 220 |
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Villanova, PA 19085 |
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1-877-965-3300 |
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Inquiries, other than requests for the forms of Notice and Proof of Claim and Release, may be made to Plaintiffs' Lead Counsel: Deborah R. Gross, Esquire, Law Offices Bernard M. Gross, P.C., Suite 450, 100 Penn Square East, Philadelphia, Pennsylvania 19107, Telephone (215) 561-3600.
To participate in the settlement, you must submit a Proof of Claim and Release no later than May 5, 2010. As more fully described in the Notice, the deadline for submitting objections and requests for exclusion is May 3, 2010. If you are a Class Member and do not submit a proper Proof of Claim and Release, you will not share in the settlement, but you nevertheless will be bound by the Order and Final Judgment of the Court.
Further information may be obtained by contacting the claims administrator, Valley Forge Administrative Services, at the address, phone number or website listed above.
Dated: January 21, 2010
By Order of the Court
SOURCE Valley Forge Administrative Services
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