Summary Notice of Proposed Settlement of Class Action
03 October 2009 - 7:15AM
PR Newswire (US)
MONROE, La., Oct. 2 /PRNewswire-FirstCall/ -- In January 2009,
prior to their merger, CenturyTel and Embarq announced the
settlement of a shareholder class action which sought additional
disclosures concerning the merger. The requested disclosures were
made in an 8-K filing with the SEC on January 16, 2009. CenturyLink
announces that the court, on September 18, 2009, directed that a
notice of the settlement be mailed to all shareholders. A summary
of that notice is as follows. TO: ALL PERSONS OR ENTITIES WHO HELD
SHARES OF EMBARQ CORPORATION COMMON STOCK at any time from OCTOBER
26, 2008 THROUGH AND INCLUDING JULY 1, 2009, THE DATE ON WHICH THE
MERGER BETWEEN EMBARQ CORPORATION AND CENTURYTEL, INC. BECAME
EFFECTIVE: YOU ARE HEREBY NOTIFIED that a proposed settlement (the
"Settlement") has been reached in the above-captioned class action
(the "Action") whereby in consideration for the Settlement,
dismissal with prejudice of the Action, and mutual releases between
the Settling Parties of all claims against Defendants arising out
of or related to the subject matter of the Action, Defendants
agreed to make certain supplemental disclosures in a January 16,
2009 Form 8-K filed with the United States Securities and Exchange
Commission. Except as expressly provided herein, all capitalized
terms shall have the same meanings and/or definitions as set forth
in the Stipulation and Agreement of Settlement, dated September 1,
2009 filed in the Action. A hearing will be held before the
Honorable Kevin P. Moriarty in the District Court of Johnson
County, Kansas, Civil Court Department, 100 North Kansas Avenue,
Olathe, Kansas 66061 at 10:00 a.m. on November 20, 2009 to
determine: (i) whether a Settlement Class should be certified for
settlement purposes; (ii) whether the Settlement of the Action on
the terms and conditions provided for in the Stipulation and
Agreement of Settlement is fair, reasonable, and adequate to the
Settlement Class and should be approved by the Court; (iii) whether
the Action should be dismissed with prejudice; and (iv) whether the
Court should approve Plaintiff's Counsel agreed-to attorneys' fees
and reimbursement of expenses. IF YOU ARE A MEMBER OF THE
SETTLEMENT CLASS DESCRIBED ABOVE, YOUR RIGHTS WILL BE AFFECTED. If
you have not yet received a printed Notice of Pendency and Proposed
Settlement of Class Action and Settlement Hearing ("Mailed
Notice"), you may obtain a copy of this document at
http://www.gardencitygroup.com/ or by contacting Plaintiff's
Counsel. All other queries may be made to Plaintiff's Counsel:
BENJAMIN ROZWOOD, ESQ. ROBBINS UMEDA LLP 600 B STREET, SUITE 1900
SAN DIEGO, CA 92101 TELEPHONE: (619) 525-3990 Any Member of the
Settlement Class may request to be excluded from the Settlement
Class, but only with respect to a claim for damages. Settlement
Class Members may not exclude themselves from the Settlement for
the purpose of pursuing any other kind of claim. A request for
exclusion must be mailed to Plaintiff's Counsel, Benjamin Rozwood,
Robbins Umeda LLP, 600 B Street, Suite 1900, San Diego, California
92101, and Defendant's Counsel, Mark D. Hinderks, 10975 Benson,
Suite 550, 12 Corporate Woods, Overland Park, Kansas 66210, and
postmarked on or before November 10, 2009 and otherwise comply with
the requirements set forth in the Mailed Notice. Settlement Class
Members will be bound by the final judgment of the Court. If you
are a Settlement Class Member, you may make a written objection to
the Settlement. If you make a written objection, you also may
appear at the Settlement Hearing, on November 20, 2009. You must
file and serve your written objection, in the manner specifically
set forth in the Mailed Notice, no later than November 10, 2009.
PLEASE DO NOT CONTACT THE COURT REGARDING THIS NOTICE. DATED:
September 18, 2009 BY ORDER OF THE COURT DISTRICT COURT FOR JOHNSON
COUNTY, KANSAS 409527_12 1833428.1 1898425.1 DATASOURCE:
CenturyLink CONTACT: Annmarie Sartor of CenturyLink,
+1-318-388-9671 Web Site: http://www.centurytel.com/
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