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Settlements

Prudential Financial, Inc.
Merck & Co., Inc. ERISA Litigation
Smurfit-Stone Container Corporation
Nuvelo Securities Litigation
Veritas Software Corp. Securities Litigation
General Growth Properties Securities Litigation
Ionatron, Inc.
Tyco International, Inc ERISA Litigation


Prudential Financial, Inc.

On August 5, 2011, the United States District Court for the District of New Jersey entered an order preliminarily approving a settlement in the amount of $16.5 million, on behalf of those who acquired depositary shares of Prudential Financial, Inc. ("Prudential" or the "Company") 9% Junior Subordinated Notes (NYSE: PHR) between June 24, 2008 and March 12, 2009, or pursuant and/or traceable to a registration statement and prospectus (collectively, the "Registration Statement") issued in connection with Prudential's June 2008 initial public offering of the Securities (the "Offering").

On October 21, 2011, Plaintiff filed a motion for final approval of the settlement and a motion for approval of attorneys' fees and expenses. A final settlement hearing was held on November 14, 2011and the Court entered an order granting final approval of the settlement on November 29, 2011. On December 7, 2011, the Court entered an order awarding attorneys' fees and expenses.

In Order to Participate in the settlement, Class Members must submit a Proof of Claim Form by December 23, 2011 to the Claims Administrator:
 
Prudential Financial Note Litigation
Claims Administrator
c/o FRG Information Systems Corp.
P.O. Box 460, Peck Slip Station
New York, NY 10272
 
You may download the Notice of Settlement and Proof of Claim Form below.   Please note that Adobe Acrobat Reader is required to download these documents.
 

Prudential Notice of Settlement
Prudential Proof of Claim Form
Preliminary Settlement Approval Order


Merck & Co., Inc. ERISA Litigation

On November 29, 2011, a final judgment hearing was held and the Honorable Stanley R. Chesler granted Plaintiffs' motion for final approval of a class action settlement in the amount of $49.5 million. 

 
Included in the Class are: ALL CURRENT AND FORMER PARTICIPANTS AND BENEFICIARIES OF THE MSD EMPLOYEE SAVINGS & SECURITY PLAN (formerly known as the MERCK & CO., INC. EMPLOYEE SAVINGS & SECURITY PLAN), THE MSD EMPLOYEE STOCK PURCHASE & SAVINGS PLAN (formerly known as the MERCK & CO., INC. EMPLOYEE STOCK PURCHASE & SAVINGS PLAN), THE MSD PUERTO RICO EMPLOYEE SAVINGS & SECURITY PLAN (formerly known as the MERCK PUERTO RICO EMPLOYEE SAVINGS & SECURITY PLAN), AND THE PLAN FORMERLY KNOWN AS THE MERCK-MEDCO MANAGED CARE LLC 401(K) SAVINGS PLAN (THE “MEDCO PLAN”) (COLLECTIVELY, THE “PLANS”), FOR WHOSE INDIVIDUAL ACCOUNTS THE PLANS PURCHASED AND/OR HELD SHARES OF THE MERCK COMMON STOCK FUND BETWEEN OCTOBER 1, 1998, AND SEPTEMBER 30, 2004, INCLUSIVE (THE “SETTLEMENT CLASS”).
 
If you have not previously received the Notice of Class Action Settlement, you may click below to download this document. Please note that Adobe Acrobat Reader is required to download this document.

 


Merck Notice


Smurfit-Stone Container Corporation

On May 26, 2011, the Honorable Virginia Kendall granted Plaintiffs' motion for preliminary approval of a class action settlement in the amount of $7,750,000 in Mayer v. Administrative Committee of Smurfit-Stone Container Corporation, 09-cv-02984.  On July 26, 2011, Plaintiffs filed a motion for Final Approval of the Settlement.  A final judgment hearing was held on August 17, 2011 and the Court entered an Order granting Final Approval of the Class Settlement.

The Class includes all current and former participants and beneficiaries of the Smurfit-Stone Container Corporation Savings Plan, The Jefferson Smurfit Corporation Hourly Savings Plan, The Smurfit-Stone Container Corporation Hourly Savings Plan and The St. Laurent Paperboard Hourly Savings Plan for whose individual accounts the plans purchased and/or held shares of the Smurfit-Stone Container Corporation common stock fund (the “Smurfit Stock Fund”) at any time from October 29, 2003 through and including January 26, 2009.

 
If you have not previously received the Notice of Class Action Settlement, you may click below to download this document. Please note that Adobe Acrobat Reader is required to download this document.

Smurfit-Stone Notice


Nuvelo Securities Litigation

On June 20, 2011, the Court granted final approval to a settlement in the amount of $8.9 million in In re Nuvelo, Inc. Securities Litigation, 07-CV-4056, on behalf of a Class of persons who purchased the publicly traded securities of Nuvelo, Inc. ("Nuvelo") (NASDAQ: NUVO) between January 5, 2006 and December 8, 2006. Plaintiffs filed a motion for final approval of the settlement on May 6, 2011.   The Court granted final approval of the settlement on June 20, 2011.

In order to participate in the distribution of the settlement, Class Members were required to have submitted a Proof of Claim Form to the Claims Administrator's Office, post-marked no later than July 22, 2011.

Nuvelo Notice of Settlement
Nuvelo Claim Form


Veritas Software Corp. Securities Litigation

The parties have reached a settlement in the amount of $21.5 million in the Veritas Software Corp. Securities Litigation, Civ. No. 04-831-SLR (D. Del.). The settlement is on behalf of a Class of persons who purchased or acquired Veritas' publicly traded securities, including persons who sold put options or bought call options, between April 23, 2003 and July 6, 2004.

On August 6, 2008, the Court granted final approval of the Settlement in this action. Distribution of the settlement fund was delayed pending an appeal by two putative class members of the Court's award of attorneys' fees. On Octobet 4, 2010, the Third Circut Court of Appeals entered an order rejecting the appeal of the District Court's award of attorneys' fees.  A motion for distribution of the settlement fund was filed in January 2011.  The Court has approved distribution of the settlement and the settlement fund is currently being distributed to class members.

Veritas Notice of Settlement and Proof of Claim


General Growth Properties Securities Litigation

The parties have reached a settlement in the amount of $15.5 million.  The settlement is on behalf of a Class of purchasers of the common stock of General Growth Properties, Inc. (“General Growth”) during the period from April 30, 2008 through October 24, 2008. 

On February 16, 2010, the parties filed a stipulation of settlement with the Court. On February 24, 2010, the Court issued an order granting preliminary approval of the settlement. On May 19, 2010, the Court held a hearing to determine whether the settlement should be granted final approval.  On May 21, 2010, the Court enetred an Order granting final approval of the settlement and awarding attorneys' fees.  On September 30, 2011, the Court entered an Order authorizing distribution of the Settlement Funds.
 
In order to participate in the distribution of the settlement, Class Members were required to send a Proof of Claim Form to the Claims Administrator's Office, post-marked no later than July 19, 2010, to the following address:
 
General Growth Securities Litigation
Claims Administrator
c/o FRG Information Systems Corp.
P.O. Box 460, Peck Slip Station
New York, NY 10272
 

General Growth Properties Notice of Settlement
General Growth Properties Proof of Claim


Ionatron, Inc.

The parties have reached a settlement of $5.3 million in cash and $1.2 million worth of the common stock of Applied Energetics, Inc. The settlement is on behalf of a Class of purchasers of the common stock of Ionatron, Inc. (“Ionatron”) during the period from May 4, 2005 through May 10, 2006.

On July 31, 2009, the parties filed a stipulation of settlement with the Court. On September 28, 2009, the court issued an order granting final approval of the settlement.  On April 8, 2010, the Plaintiffs filed a motion for distribution of the settlement fund.  The Settlement Fund is currently being distributed to class members.

Ionatron Notice of Settlement
Ionatron Proof of Claim Form


Tyco International, Inc ERISA Litigation

On November 23, 2009, United States District Judge Paul J. Barbadoro granted preliminary approval to the $70.525 million settlement reached in Overby v. Tyco et. al, 02-1357 (D. N.H.). The Class includes all persons who were participants in or beneficiaries of the Tyco International (US) Inc. Retirement Savings and Investment Plan I; the Tyco International (US) Inc. Retirement Savings and Investment Plan II; the Tyco International (US) Inc. Retirement Savings and Investment Plan III; the Tyco International (US) Inc. Retirement Savings and Investment Plan IV; the Tyco International (US) Inc. Retirement Savings and Investment Plan V; the Tyco International (US) Inc. Retirement Savings and Investment Plan VI; and the Tyco International (US) Inc. Retirement Savings and Investment Plan VII (collectively the "Plans") for whose individual accounts the Plans purchased and/or held shares of the Tyco Stock Fund at any time from August 12, 1998 to July 25, 2002 .

 

If you have not previously received the Notice of Class Action Settlement, you may click below to download this document. Please note that Adobe Acrobat Reader is required to download this document. 


Tyco Erisa Notice of Settlement


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