Plaintiffs' Class Counsel Announce Pendency of Class Action in the Merck
(Vioxx) Securities Litigation
NEW YORK, Sept. 12, 2013
NEW YORK, Sept. 12, 2013 /PRNewswire/ --The following statement is being
issued by Bernstein Litowitz Berger & Grossmann LLP; Milberg LLP; Brower
Piven, A Professional Corporation; and Stull, Stull & Brody.
United States District Court
District Of New Jersey
IN RE MERCK & CO., INC. SECURITIES, DERIVATIVE & "ERISA" LITIGATION
MDL No. 1658 (SRC)
Case No. 2:05-CV-01151 (SRC) (CLW)
THIS DOCUMENT RELATES TO: THE CONSOLIDATED SECURITIES ACTION
Case No. 2:05-CV-02367 (SRC) (CLW)
SUMMARY NOTICE OF PENDENCY OF CLASS ACTION
To: All persons and entities who, from May 21, 1999 to September 29, 2004,
inclusive, purchased or otherwise acquired Merck & Co., Inc. ("Merck") common
stock or call options, or sold Merck put options (the "Class").
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
New Jersey, that the above-captioned action (the "Action") has been certified
as a class action.
IF YOU ARE A MEMBER OF THE CLASS, YOUR RIGHTS WILL BE AFFECTED BY THIS
ACTION. A full printed Notice of Pendency of Class Action is currently being
mailed to known potential Class members. If you have not yet received the
full printed Notice, you may obtain copies of this document by downloading it
from www.MerckVioxxSecuritiesLitigation.com or by contacting the Notice
In re Merck & Co., Inc. Securities, Derivative & "ERISA" Litigation
c/o The Garden City Group, Inc.
P.O. Box 10014
Dublin, OH 43017-6614
If you did not receive the Notice by mail, and you are and decide to remain a
member of the Class, please send your name and address to the Notice
Administrator so that if any further notices are disseminated in connection
with the Action, you will receive them.
Inquiries other than requests for the Notice, may be made to Plaintiffs' Class
Salvatore J. Graziano
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
1285 Avenue of the Americas
New York, NY 10019
STULL, STULL & BRODY
6 East 45th Street, 5th Floor
New York, NY 10017
David A.P. Brower
A Professional Corporation
475 Park Avenue South, 33rd Floor
New York, NY 10016
Matthew A. Kupillas
One Penn Plaza
New York, NY 10119-0165
If you are a Class member, you have the right to decide whether to remain a
member of the Class. If you choose to remain a member of the Class, you do
not need to do anything at this time other than to retain your documentation
reflecting your transactions and holdings in Merck common stock and options
during the period from May 21, 1999 through and including September 29, 2004.
You will automatically be included in the Class. If you are a Class member
and do not exclude yourself from the Class, you will be bound by the
proceedings in this Action, including all past, present and future orders and
judgments of the Court, whether favorable or unfavorable.
If you ask to be excluded from the Class, you will not be bound by any order
or judgment in this Action, and you will not be eligible to receive a share of
any money which might be recovered for the benefit of the Class. To exclude
yourself from the Class, you must submit a written request for exclusion
postmarked no later than November 3, 2013 in accordance with the instructions
set forth in the full printed Notice. Please note, if you decide to exclude
yourself from the Class, you may be time-barred from asserting the claims
covered in the Action by a statute of repose. Pursuant to Rule 23(e)(4) of
the Federal Rules of Civil Procedure, it is within the Court's discretion as
to whether a second opportunity to request exclusion from the Class will be
allowed if there is a settlement or judgment in the Action. This Action has
not yet been scheduled for trial, and there is no judgment, settlement or
monetary recovery at this time.
Further information may be obtained by directing your inquiry in writing to
the Notice Administrator.
PLEASE DO NOT CONTACT THE COURT REGARDING THIS NOTICE.
BY ORDER OF THE COURT
United States District Court
for the District of New Jersey
SOURCE Bernstein Litowitz Berger & Grossmann LLP; Brower Piven, A Professional
Corporation; Milberg LLP; Stull, Stull & Brody
Contact: Salvatore J. Graziano, Bernstein Litowitz Berger & Grossmann LLP,
(212) 554-1400; or Matthew A. Kupillas, Milberg LLP, (212) 594-5300; or David
A.P. Brower, Brower Piven, A Professional Corporation, (212) 501-9000; or Mark
Levine, Stull, Stull & Brody, (212) 687-7230
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