Robbins Geller Rudman & Dowd LLP Announces Pendency and Proposed Settlement of Class and Derivative Action Business Wire SAN DIEGO -- December 05, 2012 The following is being issued by Robbins Geller Rudman & Dowd LLP pursuant to an order of the Chancery Court for the State of Tennessee, Twentieth Judicial District, at Nashville: ) INDIANA STATE DISTRICT COUNCIL OF ) LABORERS AND HOD CARRIERS PENSION FUND, ) On Behalf of Itself and All Others Similarly Situated and Derivatively ) on Behalf of RENAL CARE GROUP, INC., ) Case No. 05-1392-II Plaintiff, ) vs. ) CLASS ACTION GARY BRUKARDT, et al., ) Defendants, ) Chancellor Bonnyman – and – ) RENAL CARE GROUP, INC., a Delaware corporation, ) Nominal Party. ) ) ALL PERSONS AND ENTITIES WHO HELD THE COMMON STOCK OF RENAL CARE GROUP, INC. (“RENAL CARE”) AT ANY TIME FROM AND INCLUDING MAY 4, TO: 2005 (THE DATE THAT THE ACQUISITION OF RENAL CARE BY FRESENIUS MEDICAL CARE AG FOR $48 PER SHARE (THE “ACQUISITION”) WAS PUBLICLY ANNOUNCED) THROUGH AND INCLUDING MARCH 31, 2006 (THE CLOSING DATE OF THE ACQUISITION). PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS WILL BE AFFECTED BY A CLASS AND DERIVATIVE ACTION LAWSUIT PENDING IN THIS COURT. YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Tennessee Rules of Civil Procedure and an Order of the Chancery Court for the State of Tennessee, Twentieth Judicial District, at Nashville (the “Court”): (i) of the pendency of this action (the “Action”) as a class and derivative action on behalf of the persons and entities described above (the “Class”), except for certain persons and entities who are excluded from the Class by definition; and (ii) that a Settlement for $4 million in cash has been proposed. A hearing will be held before the Honorable Claudia Bonnyman, at the Davidson County Courthouse, 1 Public Square, Nashville, TN 37201, at 1:30 p.m. CST, on January 18, 2013: (i) to determine whether the proposed Settlement should be approved by the Court as fair, reasonable, and adequate; (ii) to determine whether the Settled Claims against Defendants and other Released Persons should be dismissed with prejudice; (iii) to determine whether the proposed Plan of Allocation should be approved as fair and reasonable; and (iv) to consider the application of Plaintiff’s Lead Counsel for attorneys’ fees and expenses. IF YOU ARE A MEMBER OF THE CLASS DESCRIBED ABOVE, 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 full printed Notice of Pendency and Proposed Settlement of Class and Derivative Action (the “Notice”) and Proof of Claim and Release form (the “Claim Form”), you may obtain copies of these documents by contacting the Claims Administrator: Renal Care Shareholder Litigation Claims Administrator c/o Gilardi & Co. LLC P.O. Box 990 Corte Madera, CA 94976-0990 Copies of the Notice and Claim Form may also be downloaded from the Claims Administrator’s website at www.gilardi.com. If you are a Class Member, in order to be eligible to share in the distribution of the Net Settlement Fund, you must submit a Claim Form no later than March 4, 2013. If you are a Class Member and do not exclude yourself from the Class, you will be bound by any Judgment entered in the Action whether or not you make a Claim. To exclude yourself from the Class, you must submit a written request for exclusion that is received by the Claims Administrator no later than January 4, 2013, in accordance with the instructions set forth in the Notice. Any objections to the proposed Settlement, Plan of Allocation and/or application for attorneys’ fees and expenses must be filed with the Court and delivered to Plaintiff’s Lead Counsel and Defendants’ Counsel no later than January 4, 2013 in accordance with the instructions set forth in the Notice. If you are a Class Member and do not submit a proper Claim Form, you will not share in the Settlement Fund but you will nevertheless be bound by the Judgment of the Court. PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE REGARDING THIS NOTICE. Inquiries, other than requests for the Notice and Claim Form, may be made to Plaintiff’s Lead Counsel: Rick Atwood ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 (800) 449-4900 Further information may be obtained by contacting the Claims Administrator. Dated: November 16, 2012 By Order of the Court Contact: Robbins Geller Rudman & Dowd LLP Rick Atwood, 800-449-4900
Robbins Geller Rudman & Dowd LLP Announces Pendency and Proposed Settlement of Class and Derivative Action
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