UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF PENNSYLVANIA
Frater v. Hemispherx Biopharma, Inc., et al.
No. 2:12-CV-07152 WY
SUMMARY NOTICE OF PENDENCY OF CLASS ACTION AND PROPOSED
SETTLEMENT, SETTLEMENT FAIRNESS HEARING, AND MOTION FOR AWARD
OF ATTORNEYS’ FEES AND REIMBURSEMENT OF LITIGATION EXPENSES
TO: All persons and entities who purchased or otherwise acquired Hemispherx Biopharma, Inc. (“Hemispherx”) common stock trading under ticker symbol HEB from March 14, 2012 through and including December 20, 2012, both dates inclusive (the “Class Period”).
EXCLUDED FROM THE CLASS ARE DEFENDANTS, THE OFFICERS AND DIRECTORS OF HEMISPHERX, AND THEIR FAMILIES AND AFFILIATES.
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the Eastern District of Pennsylvania, that a hearing will be held on July 22, 2015 at 9:30 a.m., before the Honorable William H. Yohn Jr. United States District Judge, at the courthouse for the United States District Court for the Eastern District of Pennsylvania, 601 Market Street, Philadelphia, PA 19106, to determine, among other things, whether: (1) a Settlement Class should be certified for purposes of the Settlement and whether Lead Plaintiff and its counsel have adequately represented the Class Members; (2) the proposed Settlement of the Class’s claims against the Defendants for $2,750,000.00 should be approved as fair, reasonable and adequate; (3) the proposed Plan of Allocation is fair, just, reasonable, and adequate; (4) the Court should permanently enjoin the assertion of any claims that arise from or relate to the subject matter of the above-captioned class action (“the Action”); (5) the Action should be dismissed with prejudice against the Defendants as set forth in the Stipulation of Settlement filed with the Court; (6) the application by Lead Counsel for an award of attorneys’ fees and expenses should be approved; and (7) an application for reimbursement of reasonable costs and expenses of Lead Plaintiff Member Marc Verheyen should be granted.
If you purchased or otherwise acquired Hemispherx common stock trading under ticker symbol HEB during the Class Period, your rights may be affected by this Action and the Settlement thereof. If you have not received the detailed Notice of Pendency of Class Action and Proposed Settlement, Settlement Fairness Hearing, and Motion for Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) and Proof of Claim and Release Form, you may obtain them free of charge by contacting the Claims Administrator, by mail at: Hemispherx Securities Settlement Administrator, PO Box 30172 College Station, TX 77842-3172; by telephone at 866-374-7219; by e-mail at Info@HemispherxSettlement.com; or by visiting the website at: www.HemispherxSettlement.com.
If you are a member of the Class and wish to share in the Settlement money, you must submit a Proof of Claim no later than August 21, 2015 establishing that you are entitled to recovery. As further described in the Notice, you will be bound by any judgment entered in the Action, regardless of whether you submit a Proof of Claim, unless you exclude yourself from the Class, in accordance with the procedures set forth in the Notice, by no later than July 8, 2015. Any objections to the Settlement, Plan of Allocation or attorney’s fees and expenses must be filed, in accordance with the procedures set forth in the Notice, no later than July 8, 2015.
INQUIRIES SHOULD NOT BE DIRECTED TO THE COURT, THE
CLERK’S OFFICE, THE DEFENDANTS, OR DEFENDANTS’ COUNSEL
DATED: May 7, 2015 BY ORDER OF THE UNITED STATES
DISTRICT COURT FOR THE EASTERN
DISTRICT OF PENNSYLVANIA
Posted on Mon, July 27, 2015
by Robin Hester filed under