SAN DIEGO, Jan. 26, 2011 /PRNewswire/ -- The following statement is being issued by Robbins Geller Rudman & Dowd LLP pursuant to an order of the United States District Court, Southern District of New York:UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKHOWARD LEVINE, Individually and On Behalf of All Others Similarly Situated,
ATRICURE, INC., et al.,
Defendants.Civil Action No.1:06-cv-14324-RJHCLASS ACTIONSUMMARY NOTICETO: ALL PERSONS WHO PURCHASED ATRICURE, INC. ("ATRICURE") COMMON STOCK PURSUANT AND/OR TRACEABLE TO ATRICURE'S INITIAL PUBLIC OFFERING ON OR ABOUT AUGUST 5, 2005, THROUGH FEBRUARY 16, 2006, INCLUSIVE
YOU ARE HEREBY NOTIFIED that pursuant to an Order of the United States District Court for the Southern District of New York, a hearing will be held on May 27, 2011, at 10:00 a.m., before the Honorable Richard J. Holwell, at the United States District Court for the Southern District of New York, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007, for the purpose of determining (1) whether the proposed Settlement of the above-captioned class action (the "Litigation") for the sum of $2,000,000 in cash should be approved by the Court as fair, reasonable, and adequate; (2) whether, thereafter, the Litigation should be dismissed with prejudice as set forth in the Stipulation of Settlement dated October 22, 2010; (3) whether the Plan of Allocation of settlement proceeds is fair, reasonable, and adequate and therefore should be approved; and (4) whether the application of Co-Lead Counsel for the payment of attorneys' fees and expenses incurred in connection with this Litigation, together with interest thereon, is fair and reasonable and should be approved.
If you purchased AtriCure common stock pursuant and/or traceable to AtriCure's initial public offering on or about August 5, 2005, through February 16, 2006, inclusive, your rights may be affected by this Litigation and the settlement thereof. 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, you may obtain copies by writing to AtriCure Securities Litigation, Claims Administrator, c/o Gilardi & Co. LLC, P.O. Box 5100, Larkspur, CA 94977-5100, or by downloading this information at www.gilardi.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 form postmarked no later than April 21, 2011, establishing that you are entitled to a recovery. You will be bound by any judgment rendered in the Litigation unless you send a request to be excluded, in writing, to the above address, postmarked no later than April 21, 2011.
Any objection to any aspect of the Settlement must be filed with the Clerk of the Court no later than May 13, 2011, and received by each of the following no later than May 13, 2011:
ROBBINS GELLER RUDMAN & DOWD LLPELLEN GUSIKOFF STEWART655 West Broadway, Suite 1900San Diego, CA 92101BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLPDAVID KESSLER280 King of Prussia RoadRadnor, PA 19087Co-Lead Counsel for PlaintiffsSKADDEN, ARPS, SLATE, MEAGHER & FLOM LLPDOUGLAS M. KRAUSFour Times SquareNew York, NY 10036O'MELVENY & MYERS LLPWILLIAM J. SUSHONTimes Square Tower7 Times SquareNew York, NY 10036Counsel for DefendantsPLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING THIS NOTICE.DATED: December 23, 2010
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
|SOURCE Robbins Geller Rudman & Dowd LLP|
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