The following statement is being issued by Robbins Geller Rudman & Dowd LLP pursuant to an order of the United States District Court for the Southern District of New York:
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
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In re FOCUS MEDIA HOLDING LIMITED |
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MASTER FILE |
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LITIGATION |
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CLASS ACTION |
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SUMMARY NOTICE |
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ALL PERSONS WHO PURCHASED OR ACQUIRED FOCUS MEDIA HOLDING LIMITED (“FOCUS MEDIA”) AMERICAN DEPOSITARY SHARES (“ADS”) OR AMERICAN DEPOSITARY RECEIPTS (“ADR”) DURING THE PERIOD SEPTEMBER 27, 2007 THROUGH NOVEMBER 19, 2007, INCLUSIVE, AND INCLUDING, WITHOUT LIMITATION, FOCUS MEDIA'S NOVEMBER 2007 SECONDARY PUBLIC OFFERING |
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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 March 30, 2012, at 12:00 p.m., before the Honorable Laura Taylor Swain, at the 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 Action for the sum of Two Million United States Dollars (USD $2,000,000.00) in cash should be approved by the Court as fair, reasonable, and adequate; (2) whether, thereafter, this Action should be dismissed with prejudice against Defendants as set forth in the Settlement Agreement dated September 26, 2011; (3) whether the Plan of Distribution of settlement proceeds is fair, reasonable, and adequate and therefore should be approved; and (4) the reasonableness of the application of Lead Counsel for the payment of attorneys' fees and expenses incurred in connection with this Action, together with interest thereon.
If you purchased or acquired Focus Media ADS or ADR during the period September 27, 2007 through November 19, 2007, inclusive, including, without limitation, Focus Media's November 2007 secondary public offering, your rights may be affected by this Action 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 In re Focus Media Holding Limited Litigation, Claims Administrator, c/o Gilardi & Co. LLC, P.O. Box 990, Corte Madera, CA 94976-0990, 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 postmarked no later than April 5, 2012, establishing that you are entitled to a recovery. You will be bound by any judgment rendered in the Action unless you request to be excluded, in writing, to the above address, postmarked by March 16, 2012.
Any objection to any aspect of the settlement must be filed with the Clerk of the Court no later than March 16, 2012, and received by the following no later than March 16, 2012:
Ellen Gusikoff Stewart | Bruce D. Angiolillo | Adam S. Hakki | ||||
Robbins Geller Rudman & Dowd LLP | Simpson Thacher & Bartlett LLP | Herbert S. Washer | ||||
655 West Broadway, Suite 1900 | 425 Lexington Avenue | Shearman & Sterling LLP | ||||
San Diego, CA 92101 | New York, NY 10017 | 599 Lexington Avenue | ||||
New York, NY 10022 | ||||||
Counsel for Lead Plaintiff |
Counsel for Defendants Focus |
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Media Holding Limited, Jason |
Counsel for Defendants Credit |
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Nanchun Jiang, Zhi Tan, Daniel |
Suisse Securities (USA) LLC, |
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Mingdong Wu, and Donald J. |
Citigroup Global Markets Inc., |
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Puglisi |
and Merrill Lynch & Co., Inc. |
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PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING THIS NOTICE.
DATED: December 16, 2011
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
SOUTHERN
DISTRICT OF NEW YORK
Robbins Geller Rudman & Dowd LLP
Ellen Gusikoff Stewart,
619-231-1058
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