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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 http://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/
http://www.merrilllynchsettlement.com/
DATASOURCE: KAPLAN FOX & KILSHEIMER LLP
CONTACT: Frederic S. Fox, Phone: +1-212-687-1980, Fax: +1-212-687-7714,
of KAPLAN FOX & KILSHEIMER LLP
Web site: http://www.kaplanfox.com/
http://www.merrilllynchsettlement.com/