LAS VEGAS--(BUSINESS WIRE)--Jul 3, 2019--

The following statement is being issued by Robbins Geller Rudman & Dowd LLP regarding the Liberator Settlement:

IN THE EIGHTH JUDICIAL DISTRICT COURT FOR THE STATE OF NEVADA

IN AND FOR THE COUNTY OF CLARK

DAN SCHMIDT, on Behalf of Himself and All Others

)

Similarly Situated,

)

 

Plaintiff,

)

Master File No. A-15-728234-B

vs.

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Dept No. XI

LIBERATOR MEDICAL HOLDINGS, INC., et al.,

)

CLASS ACTION

Defendants.

)

 

 

)

 

)

AND ALL CONSOLIDATED ACTIONS.

)

)

)

SUMMARY NOTICE

TO:

ALL HOLDERS OF LIBERATOR MEDICAL HOLDINGS, INC. (“LMH”) COMMON STOCK WHO RECEIVED CONSIDERATION FOR THEIR SHARES IN THE ACQUISITION OF LMH BY C.R. BARD, INC. (“BARD”) FOR THE PRICE OF $3.35 PER SHARE, WHICH CLOSED ON JANUARY 21, 2016 (THE “ACQUISITION”)

YOU ARE HEREBY NOTIFIED, pursuant to an Order of the Eighth Judicial District Court for the State of Nevada, Clark County, that a hearing will be held on September 30, 2019, at 9:00 a.m., before the Honorable Elizabeth Gonzalez of the Eighth Judicial District Court of Clark County, Nevada, 200 Lewis Avenue, Las Vegas, Nevada, Courtroom 3E, for the purpose of determining: (1) whether the proposed settlement of the Litigation for $4,750,000 should be approved by the Court as fair, reasonable, and adequate; (2) whether an Order and Final Judgment should be entered by the Court dismissing the Litigation with prejudice and releasing the Released Claims and the Settled Defendant’s Released Claims; (3) whether the Plan of Allocation for the Net Settlement Fund is fair, reasonable, and adequate and should be approved; and (4) whether the application of Class Counsel for the payment of attorneys’ fees and expenses should be approved.

IF YOU HELD LMH COMMON STOCK AND RECEIVED CONSIDERATION IN THE ACQUISITION FOR THE PRICE OF $3.35 PER SHARE, WHICH CLOSED ON JANUARY 21, 2016, YOUR RIGHTS MAY BE AFFECTED BY THE SETTLEMENT OF THIS LITIGATION, INCLUDING THE RELEASE AND EXTINGUISHMENT OF CLAIMS YOU MAY POSSESS RELATING TO YOUR OWNERSHIP OF LMH COMMON STOCK. If you have not received a detailed Notice of Proposed Settlement of Class Action (“Notice”) and a copy of the Proof of Claim and Release form, you may obtain copies by writing to Liberator Settlement, Claims Administrator, c/o Gilardi & Co. LLC, P.O. Box 404130, Louisville, KY 40233-4130, or on the Internet at www.LiberatorSettlement.com. If you are a Class Member, in order to share in the distribution of the Net Settlement Fund, you must submit a Proof of Claim and Release by mail (postmarked no later than October 22, 2019), or online at www.LiberatorSettlement.com ( no later than October 22, 2019 ), establishing that you are entitled to recovery.

All Members of the Class who did not timely and validly request exclusion from the Class will be bound by any judgment entered in the Litigation pursuant to the Stipulation of Settlement.

Any objection to the Settlement, the Plan of Allocation, and Class Counsel’s request for attorneys’ fees and expenses, must be received by each of the following recipients no later thanSeptember 9, 2019:

CLERK OF THE COURT
DEPARTMENT XI
EIGHTH JUDICIAL DISTRICT
COURT
CLARK COUNTY, NEVADA
200 Lewis Avenue
Las Vegas, NV 89155

Class Counsel:
ROBBINS GELLER RUDMAN
& DOWD LLP
David Knotts
655 West Broadway, Suite 1900
San Diego, CA 92101

Counsel for Defendant:
AKERMAN LLP
Brian P. Miller
Three Brickell City Centre
98 Southeast Seventh Street, Suite 1100
Miami, FL 33131

PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE REGARDING THIS NOTICE. If you have any questions about the Settlement, you may contact Class Counsel at the address listed above.

DATED: June 3, 2019

BY ORDER OF THE COURT
EIGHTH JUDICIAL DISTRICT COURT
CLARK COUNTY, NEVADA

 

CONTACT: Robbins Geller Rudman & Dowd LLP

Shareholder Relations

Rick Nelson

1-619-231-1058

KEYWORD: NEVADA UNITED STATES NORTH AMERICA

INDUSTRY KEYWORD: LEGAL PROFESSIONAL SERVICES

SOURCE: Robbins Geller Rudman & Dowd LLP

Copyright Business Wire 2019.

PUB: 07/03/2019 11:00 AM/DISC: 07/03/2019 11:01 AM

Copyright Business Wire 2019.