The following statement is being issued by Robbins Geller Rudman & Dowd LLP, Hagens Berman Sobol Shapiro LLP, and Jones Day pursuant to an Order of the United States District Court, Southern District of New York.
In re AUSTIN CAPITAL MANAGEMENT, LTD., SECURITIES & EMPLOYEE RETIREMENT INCOME SECURITY ACT (ERISA) LITIGATION | No. 1:09-md-02075-TPG | |||
SUMMARY NOTICE TO INVESTOR CLASS | |||
TO: | ALL PERSONS WHO HELD AN INTEREST IN THE AUSTIN CAPITAL ALL SEASONS OFFSHORE FUND, THE AUSTIN CAPITAL SAFE HARBOR ERISA DEDICATED FUND, THE AUSTIN CAPITAL SAFE HARBOR OFFSHORE FUND, THE AUSTIN CAPITAL SAFE HARBOR QP FUND, OR THE AUSTIN CAPITAL SAFE HARBOR PORTABLE ALPHA 1 FUND AS OF DECEMBER 11, 2008 (OR WHO ARE FIDUCIARIES OF EMPLOYEE BENEFIT PLANS THAT HELD SUCH AN INTEREST) |
YOU ARE HEREBY NOTIFIED that, pursuant to an Order of the United States District Court for the Southern District of New York, a hearing will be held on September 12, 2014, at 11:00 a.m., before the Honorable Thomas P. Griesa, at the United States District Court for the Southern District of New York, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007-1312, for the purpose of determining: (1) whether the proposed settlement of a class-action lawsuit for the sum of $6,850,000 in cash should be approved by the Court as fair, reasonable, and adequate; (2) whether, thereafter, the lawsuit should be dismissed with prejudice against the Defendants as set forth in the Settlement Agreement dated April 10, 2014; (3) whether the Plan of Allocation of settlement proceeds is fair, reasonable, and adequate and therefore should be approved; and (4) whether the application of Co-Lead Counsel for the payment of attorneys’ fees and expenses incurred in connection with the lawsuit, together with interest thereon, should be granted.
If you held an interest in the Austin Capital All Seasons Offshore Fund, the Austin Capital Safe Harbor ERISA Dedicated Fund, the Austin Capital Safe Harbor Offshore Fund, the Austin Capital Safe Harbor QP Fund, or the Austin Capital Safe Harbor Portable Alpha 1 Fund as of December 11, 2008, or if you are a fiduciary of an employee benefit plan that held such an interest, your rights may be affected by the lawsuit and the proposed settlement. If you have not received a detailed Notice of Proposed Settlement of Class Action to Investor Class and a copy of the Proof of Claim and Release form, you may obtain copies by writing to Austin Capital Management, Ltd. MDL Settlement, Claims Administrator, c/o Gilardi & Co. LLC, P.O. Box 990, Corte Madera, CA 94976-0990, or by downloading this information at www.AustinCapitalManagementSettlement.com. If you are an Investor Class Member, in order to share in the distribution of the Net Settlement Fund, you must submit the Claim Form, Acknowledgement, Receipt and Release by mail postmarked no later than August 31, 2014, establishing that you are entitled to a recovery. You will be bound by any judgment rendered in the lawsuit unless you send a written request to be excluded to the Claims Administrator at the above address, postmarked by August 22, 2014.
Any objection to any aspect of the settlement or the request for an award of attorneys’ fees and expenses must be filed with the Clerk of the Court no later than August 29, 2014 and received by the following no later than August 29, 2014:
Co-Lead Counsel: ROBBINS GELLER RUDMAN & DOWD LLP SAMUEL H. RUDMAN DAVID A. ROSENFELD 58 South Service Road, Suite 200 Melville, NY 11747 HAGENS BERMAN SOBOL SHAPIRO LLP REED R. KATHREIN 715 Hearst Avenue, Suite 202 Berkeley, CA 94710 | Defendants’ counsel: JONES DAY RICHARD J. BEDELL, JR. GEOFFREY J. RITTS North Point 901 Lakeside Avenue Cleveland, OH 44114 |
PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE REGARDING THIS NOTICE.
Dated May 19, 2014 | BY ORDER OF THE COURT | |||
UNITED STATES DISTRICT COURT | ||||
SOUTHERN DISTRICT NEW YORK |
Contacts:
David A. Rosenfeld, Esq,
800-449-4900