NEW YORK, April 16 /PRNewswire/ -- The following release was issued today by the law firm KAPLAN FOX & KILSHEIMER LLP:
TO: ALL PERSONS WHO PURCHASED THE COMMON STOCK (OR DEPOSITORY RECEIPTS) OF THE FOLLOWING COMPANIES DURING THE PERIODS LISTED BELOW OR WHO PURCHASED, IN A PRIVATE PLACEMENT, QUOKKA SPORTS, INC. 7% CONVERTIBLE SUBORDINATED PROMISSORY NOTES DUE SEPTEMBER 15, 2005: Company Ticker Symbol Class Period Aether Systems AETH 11/15/1999 - 02/07/2001 B2B Internet HOLDRs Trust BHH 02/24/2000 - 04/08/2002 CMGI, Inc. CMGI 03/23/1999 - 11/14/2000 Doubleclick, Inc. DCLK 11/29/1999 - 04/15/2001 ETOYS, Inc. ETYS 06/17/1999 - 11/08/2000 EXCITE@HOME ATHM 06/07/1999 - 04/26/2001 Exodus Communications, Inc. EXDS 12/08/1999 - 06/19/2001 GoTo.com, Inc. GOTO 01/11/2001 - 06/06/2001 Homestore.com, Inc. HOMS 09/08/1999 - 09/21/2001 InfoSpace, Inc. INSP 12/06/1999 - 01/22/2001 Internet Architecture HOLDRs Trust IAH 02/24/2000 - 04/08/2002 Internet Capital Group, Inc. ICGE 08/30/1999 - 11/08/2000 Internet HOLDRs Trust HHH 09/23/1999 - 04/08/2002 Internet Infrastructure HOLDRs Trust IIH 02/24/2000 - 04/08/2002 iVillage, Inc. IVIL 11/09/1999 - 05/07/2001 Lifeminders Inc. LFMN 09/28/2000 - 01/31/2001 Looksmart, Ltd. LOOK 05/25/2000 - 01/11/2001 Openwave Systems, Inc. OPWV 10/16/2000 - 08/13/2001 PETS.COM, INC. IPET 03/08/2000 - 11/07/2000 Quokka Sports, Inc. QKKA 08/23/1999 - 01/09/2001
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United States District Court for the Southern District of New York, that a hearing will be held on July 18, 2007, at 11:00 a.m. before the Honorable John F. Keenan, United States District Judge of the Southern District of New York, 500 Pearl Street, New York, NY 10007 (the "Settlement Hearing") for the purpose of determining: (1) whether the proposed Settlement consisting of the sum of $125,000,000 in cash, plus a cash amount equivalent to interest which has been accruing since March 30, 2006, should be approved by the Court as fair, reasonable, and adequate; (2) whether the proposed plan to distribute the settlement proceeds (the "Plan of Allocation") is fair, reasonable and adequate; (3) whether the application for an award of attorneys' fees and reimbursement of expenses should be approved; and (4) whether the Actions should be dismissed with prejudice.
If you purchased any of the securities of any of the companies listed herein during the specified Class Periods, your rights may be affected by the Settlement of the Actions. Indeed, if you have or may have any pending claims including arbitration claims against Merrill Lynch or any of its employees relating to research reports issued by Merrill Lynch regarding any of the 20 securities listed herein, your rights will be affected by this Settlement and its releases.
If you have not received a detailed Notice of Pendency and Proposed Settlement of Class Actions and a copy of the Proof of Claim and Release, you may obtain copies by writing to Merrill Lynch Litigation Settlement, c/o Analytics Inc. Claims Administrator, P.O. Box 2004, Chanhassen, MN 55317-2004; or by calling 1-888-217-2225; or by visiting www.merrilllynchsettlement.com. If you are a member of any Class, in order to share in the distribution of the Net Settlement Fund, you must submit a Proof of Claim and Release no later than August 31, 2007, establishing that you are entitled to recovery. You will be bound by any judgment rendered in these Actions whether or not you make a claim.
Any objection or exclusion to the Settlement, Plan of Allocation, or the Request for Award of Attorneys' Fees and Reimbursement of Expenses must be mailed or delivered such that it is received by each of the following no later than May 18, 2007:
CLERK OF THE COURT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 500 Pearl Street New York, New York 10007 * * * Frederic S. Fox KAPLAN FOX & KILSHEIMER LLP 805 Third Avenue, 22nd Floor New York, NY 10022 Plaintiffs' Liaison Counsel * * * Jay B. Kasner Scott D. Musoff SKADDEN ARPS SLATE MEACHER & FLOM LLP Four Times Square New York, NY 10036 Attorneys for Defendants Merrill Lynch & Co., Inc. Merrill Lynch, Pierce Fenner & Smith Incorporated And certain Individual Defendants Marc B. Dorfman FOLEY & LARDNER LLP 3000 K Street, N.W., Suite 500 Washington, DC 2007 Attorneys for Defendant Henry M. Blodget Andrew W. Stern SIDLEY AUSTIN LLP 787 Seventh Avenue New York, New York 10019 Attorneys for Defendant Virginia Syer Genereux
If you have any questions about the Settlement, you may write to any of the following plaintiffs' firms:
Frederic S. Fox KAPLAN FOX & KILSHEIMER LLP 805 Third Avenue, 22nd Floor New York, NY 10022 http://www.kaplanfox.com Jacqueline Sailer MURRAY, FRANK & SAILER LLP 275 Madison Avenue, 8th Floor New York, New York 10016 http://www.murrayfrank.com Herbert E. Milstein Joshua S. Devore COHEN, MILSTEIN, HAUSFELD, & TOLL, P.L.L.C. 1100 New York Avenue, N.W. West Tower, Suite 500 Washington, DC 20005 http://www.cmht.com Edward F. Haber SHAPIRO HABER & URMY LLP 53 State Street Boston, Massachusetts 02109 http://www.shulaw.com
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING THIS NOTICE.
DATED: March 19 2007
BY ORDER OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
CONTACT: Frederic S. Fox, Phone: 212-687-1980, Fax: 212-687-7714, of KAPLAN FOX & KILSHEIMER LLP
Web site: http://www.kaplanfox.com
Source: KAPLAN FOX & KILSHEIMER LLP