WILMINGTON, Del., April 21, 2017 /PRNewswire/ --
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SAN ANTONIO FIRE AND
POLICE
PENSION FUND, FIRE AND POLICE
HEALTH CARE FUND, SAN ANTONIO,
PROXIMA CAPITAL MASTER FUND LTD.,
and THE ARBITRAGE FUND,
Plaintiffs,
v.
DOLE FOOD COMPANY,
INC., DAVID H.
MURDOCK and C. MICHAEL CARTER,
Defendants.
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Civil Action No.
1:15-cv-1140-SLR
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SUMMARY NOTICE OF (I) PENDENCY OF CLASS ACTION
AND
PROPOSED SETTLEMENT; (II) SETTLEMENT FAIRNESS HEARING;
AND (III) MOTION FOR AN AWARD OF ATTORNEYS' FEES
AND REIMBURSEMENT OF LITIGATION EXPENSES
TO: All persons and entities who sold the common stock
of Dole Food Company, Inc. ("Dole") (i) during the period from
January 2, 2013 through October 31, 2013, or (ii) on November 1, 2013 where those shares were sold on
the open market and were not held as of the closing of the
Take-Private Transaction on that date, and who were damaged thereby
(the "Settlement Class"):
PLEASE READ THIS NOTICE CAREFULLY. YOUR
RIGHTS WILL BE
AFFECTED BY A CLASS ACTION LAWSUIT PENDING IN THIS COURT.
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 District of Delaware, that the above-captioned litigation
(the "Action") has been certified as a class action on behalf of
the Settlement Class, except for certain persons and entities who
are excluded from the Settlement Class, by definition, as set forth
in the full printed Notice of (I) Pendency of Class Action and
Proposed Settlement; (II) Settlement Fairness Hearing; and
(III) Motion for an Award of Attorneys' Fees and Reimbursement
of Litigation Expenses (the "Notice").
YOU ARE ALSO NOTIFIED that Lead Plaintiffs in the Action have
reached a proposed settlement of the Action for $74,000,000 in cash (the "Settlement"), that, if
approved, will resolve all claims in the Action.
A hearing will be held on July 18,
2017 at 11:00 a.m., before the
Honorable Sue L. Robinson at the United States District Court for
the District of Delaware, J. Caleb
Boggs Federal Building, 844 N. King Street, Courtroom 4B,
Wilmington, Delaware 19801-3568,
to determine whether (i) the proposed Settlement should be approved
as fair, reasonable and adequate; (ii) the Action should be
dismissed with prejudice against Defendants, and the Releases
specified and described in the Amended Stipulation and Agreement of
Settlement dated March 29, 2017 (and
in the Notice) should be granted; (iii) the proposed Plan of
Allocation should be approved as fair and reasonable; and (iv) Lead
Counsel's application for an award of attorneys' fees and
reimbursement of expenses should be approved.
If you are a member of the Settlement Class, your rights will
be affected by the pending Action and the Settlement, and you may
be entitled to share in the Settlement Fund. If you have
not yet received the Notice and Claim Form, you may obtain copies
of these documents by contacting the Claims Administrator at
San Antonio Fire & Police
Pension Fund v. Dole Food Company, Inc., c/o JND Class Action
Administration, P.O. Box 6428, Broomfield, CO 80021, 1-844-730-4155.
Copies of the Notice and Claim Form can also be downloaded from the
website maintained by the Claims Administrator,
www.DoleSecuritiesLitigation.com.
If you are a member of the Settlement Class, in order to be
eligible to receive a payment under the proposed Settlement, you
must submit a Claim Form postmarked no later than
August 9, 2017. If you are
a Settlement Class Member and do not submit a proper Claim Form,
you will not be eligible to share in the distribution of the net
proceeds of the Settlement but you will nevertheless be bound by
any judgments or orders entered by the Court in the Action.
If you are a member of the Settlement Class and wish to exclude
yourself from the Settlement Class, you must submit a request for
exclusion such that it is received no later than
June 27, 2017, in accordance with
the instructions set forth in the Notice. If you properly
exclude yourself from the Settlement Class, you will not be bound
by any judgments or orders entered by the Court in the Action and
you will not be eligible to share in the proceeds of the
Settlement.
Any objections to the proposed Settlement, the proposed Plan of
Allocation or Lead Counsel's motion for attorneys' fees and
reimbursement of expenses must be filed with the Court and
delivered to Lead Counsel and Defendants' Counsel such that they
are received no later than June
27, 2017, in accordance with the instructions set forth
in the Notice.
Please do not contact the Court, the Clerk's office, Dole,
the other Defendants or their counsel regarding this notice.
All questions about this notice, the proposed Settlement or your
eligibility to participate in the Settlement should be directed to
Lead Counsel or the Claims Administrator.
Inquiries, other than requests for the Notice and Claim Form,
should be made to Lead Counsel:
Katherine M.
Sinderson, Esq. BERNSTEIN
LITOWITZ BERGER & GROSSMANN LLP 1251 Avenue of the Americas, 44th
Floor New York, NY
10020 (800)
380-8496 blbg@blbglaw.com
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Vincent R. Cappucci,
Esq. ENTWISTLE & CAPPUCCI
LLP 299 Park Avenue, 20th
Floor New York, NY
10171 (212) 894-7200
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Requests for the Notice and Claim Form should be
made to:
San Antonio
Fire & Police Pension Fund v. Dole Food Company, Inc.,
c/o JND Class Action Administration
P.O. Box 6428
Broomfield, CO 80021
844-730-4155
info@DoleSecuritiesLitigation.com
www.DoleSecuritiesLitigation.com
By Order of the Court
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visit:http://www.prnewswire.com/news-releases/bernstein-litowitz-berger--grossmann-llp-and-entwistle--cappucci-llp-announce-proposed-settlement-of-class-action-lawsuit-involving-sellers-of-dole-food-company-inc-common-stock-300439676.html
SOURCE Bernstein Litowitz Berger & Grossmann LLP