Lieff, Cabraser, Heimann & Bernstein, LLP:
IN RE BROOKS AUTOMATION, INC., SECURITIES LITIGATION | CIVIL ACTION NO. 06-11068-RWZ |
TO: ALL PERSONS AND ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED COMMON STOCK OF BROOKS AUTOMATION, INC. (“BROOKS”), FROM JULY 25, 2001 THROUGH AND INCLUDING AUGUST 1, 2006 (“CLASS PERIOD”), INCLUDING BUT NOT LIMITED TO ANY AND ALL PERSONS AND ENTITIES WHO PURCHASED, RECEIVED OR OTHERWISE ACQUIRED BROOKS COMMON STOCK IN CONNECTION WITH OR TRACEABLE TO THE MERGER BETWEEN BROOKS AND HELIX TECHNOLOGY CORPORATION ON OR ABOUT OCTOBER 26, 2005 AND WERE DAMAGED THEREBY (“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 has been certified as a class action for purposes of settlement and that a settlement with Brooks Automation, Inc., Robert J. Therrien, Ellen B. Richstone, Roger D. Emerick, Amin J. Khoury, Joseph R. Martin, Edward C. Grady, and Robert W. Woodbury, Jr. (“Defendants”) has been proposed. The total settlement amount is $7.75 million. A hearing will be held before the Honorable Rya W. Zobel of the United States District Court for the District of Massachusetts at the John Joseph Moakley Federal Courthouse, 1 Courthouse Way, Boston, Massachusetts, 02210, Courtroom 12, at 2:30 p.m., on October 2, 2008, to determine whether (i) the proposed settlement should be approved by the Court as fair, reasonable, and adequate, (ii) the Plan of Allocation should be approved, and (iii) the claims against the Defendants should be dismissed with prejudice. At the hearing, the Court will also consider comments concerning Lead Counsel’s application for an award of attorneys’ fees and reimbursement of expenses. If approved, the settlement would end this litigation in its entirety.
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 of Class Action and Proposed Settlement, Motion for Attorneys’ Fees and Expenses and Settlement Fairness Hearing (“Notice”) and a Proof of Claim and Release Form (“Proof of Claim”), you may obtain copies of these documents by identifying yourself as a member of the Class and by calling or writing to:
In re Brooks Automation, Inc. Securities Litigation |
c/o Gilardi & Co. LLC |
Claims Administrator |
P.O. Box 990 |
Corte Madera, CA 94976-0990 |
Telephone: (877) 458-3695 |
or by visiting the Claims Administrator's website, at www.gilardi.com/BrooksAutomation/ |
Inquiries, other than requests for the forms of Notice and Proof of Claim, may be made to Lead Counsel:
Steven E. Fineman |
Daniel P. Chiplock |
LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP |
780 Third Avenue, 48th Floor |
New York, New York 10017-2024 |
To participate in the settlement, you must submit a Proof of Claim no later than September 16, 2008. If you are a Class Member and do not submit a proper Proof of Claim, you will not share in the settlement, but nevertheless will be bound by the Orders and Final Judgments of the Court, unless you submit a timely and valid request for exclusion. As more fully described in the Notice, the deadline for submitting objections and requests for exclusion is September 11, 2008.
Further information may be obtained by contacting the Claims Administrator, Gilardi & Co. LLC, at the address listed above.
DATED: JULY 28, 2008 | BY ORDER OF THE COURT |
Contacts:
Daniel Chiplock,
Esq., 212-355-9500
Steven Fineman, Esq., 212-355-9500