Summary Notice of Proposed Class Action Settlement and Hearing Thereon In In Re Merrill Lynch & Co., Inc. Research Reports Secur
17 April 2007 - 12:00AM
PR Newswire (US)
NEW YORK, April 16 /PRNewswire/ -- The following release was issued
today by the law firm KAPLAN FOX & KILSHEIMER LLP: TO: ALL
PERSONS WHO PURCHASED THE COMMON STOCK (OR DEPOSITORY RECEIPTS) OF
THE FOLLOWING COMPANIES DURING THE PERIODS LISTED BELOW OR WHO
PURCHASED, IN A PRIVATE PLACEMENT, QUOKKA SPORTS, INC. 7%
CONVERTIBLE SUBORDINATED PROMISSORY NOTES DUE SEPTEMBER 15, 2005:
Company Ticker Symbol Class Period Aether Systems AETH 11/15/1999 -
02/07/2001 B2B Internet HOLDRs Trust BHH 02/24/2000 - 04/08/2002
CMGI, Inc. CMGI 03/23/1999 - 11/14/2000 Doubleclick, Inc. DCLK
11/29/1999 - 04/15/2001 ETOYS, Inc. ETYS 06/17/1999 - 11/08/2000
EXCITE@HOME ATHM 06/07/1999 - 04/26/2001 Exodus Communications,
Inc. EXDS 12/08/1999 - 06/19/2001 GoTo.com, Inc. GOTO 01/11/2001 -
06/06/2001 Homestore.com, Inc. HOMS 09/08/1999 - 09/21/2001
InfoSpace, Inc. INSP 12/06/1999 - 01/22/2001 Internet Architecture
HOLDRs Trust IAH 02/24/2000 - 04/08/2002 Internet Capital Group,
Inc. ICGE 08/30/1999 - 11/08/2000 Internet HOLDRs Trust HHH
09/23/1999 - 04/08/2002 Internet Infrastructure HOLDRs Trust IIH
02/24/2000 - 04/08/2002 iVillage, Inc. IVIL 11/09/1999 - 05/07/2001
Lifeminders Inc. LFMN 09/28/2000 - 01/31/2001 Looksmart, Ltd. LOOK
05/25/2000 - 01/11/2001 Openwave Systems, Inc. OPWV 10/16/2000 -
08/13/2001 PETS.COM, INC. IPET 03/08/2000 - 11/07/2000 Quokka
Sports, Inc. QKKA 08/23/1999 - 01/09/2001 YOU ARE HEREBY NOTIFIED,
pursuant to an Order of the United States District Court for the
Southern District of New York, that a hearing will be held on July
18, 2007, at 11:00 a.m. before the Honorable John F. Keenan, United
States District Judge of the Southern District of New York, 500
Pearl Street, New York, NY 10007 (the "Settlement Hearing") for the
purpose of determining: (1) whether the proposed Settlement
consisting of the sum of $125,000,000 in cash, plus a cash amount
equivalent to interest which has been accruing since March 30,
2006, should be approved by the Court as fair, reasonable, and
adequate; (2) whether the proposed plan to distribute the
settlement proceeds (the "Plan of Allocation") is fair, reasonable
and adequate; (3) whether the application for an award of
attorneys' fees and reimbursement of expenses should be approved;
and (4) whether the Actions should be dismissed with prejudice. If
you purchased any of the securities of any of the companies listed
herein during the specified Class Periods, your rights may be
affected by the Settlement of the Actions. Indeed, if you have or
may have any pending claims including arbitration claims against
Merrill Lynch or any of its employees relating to research reports
issued by Merrill Lynch regarding any of the 20 securities listed
herein, your rights will be affected by this Settlement and its
releases. If you have not received a detailed Notice of Pendency
and Proposed Settlement of Class Actions and a copy of the Proof of
Claim and Release, you may obtain copies by writing to Merrill
Lynch Litigation Settlement, c/o Analytics Inc. Claims
Administrator, P.O. Box 2004, Chanhassen, MN 55317-2004; or by
calling 1-888-217-2225; or by visiting
http://www.merrilllynchsettlement.com/. If you are a member of any
Class, in order to share in the distribution of the Net Settlement
Fund, you must submit a Proof of Claim and Release no later than
August 31, 2007, establishing that you are entitled to recovery.
You will be bound by any judgment rendered in these Actions whether
or not you make a claim. Any objection or exclusion to the
Settlement, Plan of Allocation, or the Request for Award of
Attorneys' Fees and Reimbursement of Expenses must be mailed or
delivered such that it is received by each of the following no
later than May 18, 2007: CLERK OF THE COURT UNITED STATES DISTRICT
COURT SOUTHERN DISTRICT OF NEW YORK 500 Pearl Street New York, New
York 10007 * * * Frederic S. Fox KAPLAN FOX & KILSHEIMER LLP
805 Third Avenue, 22nd Floor New York, NY 10022 Plaintiffs' Liaison
Counsel * * * Jay B. Kasner Scott D. Musoff SKADDEN ARPS SLATE
MEACHER & FLOM LLP Four Times Square New York, NY 10036
Attorneys for Defendants Merrill Lynch & Co., Inc. Merrill
Lynch, Pierce Fenner & Smith Incorporated And certain
Individual Defendants Marc B. Dorfman FOLEY & LARDNER LLP 3000
K Street, N.W., Suite 500 Washington, DC 2007 Attorneys for
Defendant Henry M. Blodget Andrew W. Stern SIDLEY AUSTIN LLP 787
Seventh Avenue New York, New York 10019 Attorneys for Defendant
Virginia Syer Genereux If you have any questions about the
Settlement, you may write to any of the following plaintiffs'
firms: Frederic S. Fox KAPLAN FOX & KILSHEIMER LLP 805 Third
Avenue, 22nd Floor New York, NY 10022 http://www.kaplanfox.com/
Jacqueline Sailer MURRAY, FRANK & SAILER LLP 275 Madison
Avenue, 8th Floor New York, New York 10016
http://www.murrayfrank.com/ Herbert E. Milstein Joshua S. Devore
COHEN, MILSTEIN, HAUSFELD, & TOLL, P.L.L.C. 1100 New York
Avenue, N.W. West Tower, Suite 500 Washington, DC 20005
http://www.cmht.com/ Edward F. Haber SHAPIRO HABER & URMY LLP
53 State Street Boston, Massachusetts 02109 http://www.shulaw.com/
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING
THIS NOTICE. DATED: March 19 2007 BY ORDER OF THE UNITED STATES
DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK CONTACT:
Frederic S. Fox, Phone: 212-687-1980, Fax: 212-687-7714, of KAPLAN
FOX & KILSHEIMER LLP Web site: http://www.kaplanfox.com/
http://www.merrilllynchsettlement.com/ DATASOURCE: KAPLAN FOX &
KILSHEIMER LLP CONTACT: Frederic S. Fox, Phone: +1-212-687-1980,
Fax: +1-212-687-7714, of KAPLAN FOX & KILSHEIMER LLP Web site:
http://www.kaplanfox.com/ http://www.merrilllynchsettlement.com/
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