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Finkelstein Thompson LLP Announces Pendency of Class Action Against UTStarcom, et al. and Proposed Settlement

NEW YORK, July 17 /PRNewswire/ -- Plaintiff's Lead Counsel has announced, pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the Northern District of California, that a hearing will be held at 9:00 a.m. on September 18, 2009 at the United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102, for the purpose of determining (1) whether the proposed Settlement of the claims in the Litigation for the sum of $9,500,000 in cash should be approved by the Court as fair, reasonable and adequate; (2) whether, thereafter, this Litigation should be dismissed with prejudice as against the Defendants and a judgment entered releasing all Released Claims against Defendants and each of their respective Related Parties as set forth in the Stipulation of Settlement dated as of May 14, 2009; (3) whether the Plan of Allocation is fair, reasonable and adequate and therefore should be approved; and (4) whether the application of Lead Counsel for the payment of attorneys' fees and reimbursement of expenses incurred in connection with prosecuting this Litigation against the Defendants should be approved.

Finkelstein Thompson LLP Announces Pendency of Class Action Against UTStarcom, et al. and Proposed Settlement

Finkelstein Thompson LLP Announces Pendency of Class Action Against UTStarcom, et al. and Proposed Settlement

 

IF YOU ARE A PERSON WHO PURCHASED UTSTARCOM, INC. ('UTSI') COMMON STOCK DURING THE PERIOD SEPTEMBER 4, 2002 THROUGH JULY 24, 2007, INCLUSIVE, YOU ARE A MEMBER OF THE CLASS, YOUR RIGHTS WILL BE AFFECTED AND YOU MAY BE ENTITLED TO SHARE IN THE SETTLEMENT FUND.

 

If you have not received a detailed Notice of Pendency and Proposed Settlement of Class Action and a copy of the Proof of Claim and Release form, you may obtain a copy by contacting the Claims Administrator by mail at UTStarcom Securities Litigation, c/o Berdon Claims Administration LLC, P.O. Box 9014, Jericho, NY 11753-8914; by toll-free phone at (800) 766-3330; by fax at (516) 931-0810; or by visiting the website.

 

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 postmarked no later than October 26, 2009, establishing that you are entitled to recovery. If you desire to be excluded from the Class, you must submit a request for exclusion, postmarked by August 21, 2009, in the manner and form explained n the detailed Notice referred to above. All Members of the Class who have not requested 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 must be mailed or delivered such that it is received by each of the following no later than August 21, 2009:

                             Clerk of the Court
                       United States District Court
                      Northern District of California
                          450 Golden Gate Avenue
                          San Francisco, CA 94102

          Donald J. Enright, Esq.        Terry T. Johnson, Esq.
          FINKELSTEIN THOMPSON LLP       WILSON SONSINI GOODRICH & ROSATI
          10530 30th Street, N.W.        650 Page Mill Road
          Washington, DC 20007           Palo Alto, CA 94304-1050
          Plaintiff's Lead Counsel       Defense Counsel

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 Lead Counsel at the address listed above.

 

SOURCE Finkelstein Thompson LLP