Summary Notice of Proposed Settlement of Class Action In Re McKesson HBOC, Inc. Securities Litigation
October 26 2005 - 1:07PM
PR Newswire (US)
SAN JOSE, Calif., Oct. 26 /PRNewswire/ -- The following release was
issued today by the law firms BERNSTEIN LITOWITZ BERGER &
GROSSMANN LLP and BARRACK, RODOS & BACINE: UNITED STATES
DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION In
re McKESSON HBOC, INC. SECURITIES LITIGATION Master File No.
99-CV-20743 RMW (PVT) And Related Cases CLASS ACTION This Document
Relates To: ALL ACTIONS. SUMMARY NOTICE FOR PUBLICATION TO: ALL
PERSONS AND ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED PUBLICLY
TRADED SECURITIES OF HBO & COMPANY ("HBOC") DURING THE PERIOD
FROM JANUARY 20, 1997 THROUGH AND INCLUDING JANUARY 12, 1999, AND
ALL PERSONS OR ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED CALL
OPTIONS OR SOLD PUT OPTIONS OF HBOC DURING THE PERIOD FROM JANUARY
20, 1997 THROUGH AND INCLUDING APRIL 27, 1999; ALL PERSONS AND
ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED PUBLICLY TRADED
SECURITIES OR CALL OPTIONS, OR WHO SOLD PUT OPTIONS, OF McKESSON OR
OF McKESSON HBOC, INC. DURING THE PERIOD FROM OCTOBER 18, 1998
THROUGH AND INCLUDING APRIL 27, 1999; AND ALL PERSONS AND ENTITIES
WHO HELD McKESSON COMMON STOCK ON NOVEMBER 27, 1998 AND STILL HELD
THOSE SHARES ON JANUARY 12, 1999 AND WHO WERE INJURED THEREBY. This
Summary Notice is given pursuant to Rule 23 of the Federal Rules of
Civil Procedure and an Order by the United States District Court
for the Northern District of California (the "Court"), dated
September 26, 2005. 1. This Summary Notice contains defined terms
(which are indicated by initial capital letters), and the
definitions of those terms can be found in the Notice of Pendency
and Proposed Settlement of Class Action against McKesson HBOC,
Inc., and HBO & Company (the "Notice"). 2. The purpose of this
Summary Notice is to inform you of a proposed Settlement and that a
hearing will be held on January 27, 2006 at 9:00 a.m., before the
Honorable Ronald M. Whyte in the United States Courthouse,
Courtroom 6, 4th Floor, 280 South First Street, San Jose,
California 95113; for the purpose of determining: (1) whether the
proposed settlement of the claims in the Litigation against
McKesson, HBOC and Defendants' Released Persons for the sum of $960
million in cash, plus interest earned from 15 days after District
Court Approval, should be approved as fair, reasonable and adequate
to the Settlement Class, and whether an order should be entered
dismissing on the merits and with prejudice the claims that are, or
ever have been, asserted in the Litigation by Lead Plaintiff and
the Settlement Class against McKesson, HBOC and Defendants'
Released Persons who are, or have been, named as defendants in the
Litigation; (2) whether the Plan of Allocation is fair and
equitable and therefore should be approved; and (3) whether the
application of Lead Counsel for the payment of attorneys' fees,
reimbursement of expenses and interest thereon should be approved.
3. The proposed Settlement resolves all claims, rights, causes of
action, suits, matters and issues, whether known or unknown,
whether asserted or unasserted, arising out of or related to the
subject matters of the Litigation or claims that are or ever have
been asserted by or on behalf of Lead Plaintiff or any Settlement
Class Member, whether individual or class-wide, against McKesson,
HBOC and Defendants' Released Persons. If approved, the Settlement
will resolve all of the claims that Settlement Class Members
brought against McKesson, HBOC or the Defendants' Released Persons
or could have brought in this Litigation completely. Details of the
Settlement and the allocation of the Settlement Fund to Settlement
Class Members can be found in the Notice. If you have not already
received a copy of the Notice or a copy of the Proof of Claim form,
you may obtain such information and download forms through the
internet websites of Lead Counsel:
http://www.blbglaw.com/settlements/mckesson_securities.html and
http://www.barrack.com/ or by contacting Lead Counsel: BERNSTEIN
LITOWITZ BERGER BARRACK, RODOS & BACINE & GROSSMANN LLP
Leonard Barrack Alan Schulman M. Richard Komins David Stickney 3300
Two Commerce Square 12544 High Bluff Drive, Suite 150 2001 Market
Street San Diego, CA 92130 Philadelphia, PA 19103 Tel: (858)
793-0070 Tel: (215) 963-0600 Fax: (858) 793-0323 Fax: (215)
963-0838 Or by contacting the Claims Administrator: In re McKesson
HBOC Sec. Litig. c/o Analytics Incorporated, Claims Administrator
PO Box 2005 Chanhassen, MN 55317-2005 4. If you: (i) purchased or
otherwise acquired publicly traded securities of HBOC during the
period from January 20, 1997 through and including January 12,
1999; (ii) purchased or otherwise acquired call options or sold put
options of HBOC during the period from January 20, 1997 through and
including April 27, 1999; (iii) purchased or otherwise acquired
publicly traded securities or call options, or who sold put
options, of McKesson Corporation or of McKesson HBOC, Inc. during
the period from October 18, 1998 through and including April 27,
1999; or (iv) held McKesson common stock on November 27, 1998 and
still held those shares on January 12, 1999, and were injured
thereby, you may be a member of the Settlement Class. Excluded from
the Settlement Class are: (i) defendants; (ii) members of the
immediate family of each individual defendant; (iii) any entity in
which any defendant has a controlling interest; (iv) any person who
was an officer or a director of HBOC or McKesson (or their
subsidiaries or affiliates) during the Settlement Class Period; (v)
any person who was an officer, director, employee or affiliate of
Bear Stearns during the Settlement Class Period; (vi) any person
who was a partner in Arthur Andersen during the Settlement Class
Period; and (vii) the legal representatives, heirs, successors or
assigns of any such excluded party. "Officer of HBOC or McKesson,"
means any person employed by HBOC or McKesson who held a position
at or above the level of assistant vice president. Your rights
against the Defendants' Released Persons (as defined in the Notice)
will be affected by the Settlement. Further, if you wish to share
in the distribution of the proceeds of the Settlement, you must
timely file a valid claim, on a Proof of Claim form, no later than
February 21, 2006, establishing that you are entitled to recovery.
5. If you desire to be excluded from the Settlement Class, you must
file a request for exclusion by December 23, 2005 in the manner and
form explained in the detailed Notice referred to above, in which
case you will not be bound by the Judgment and will not share in
the recovery. 6. PLEASE NOTE: IF YOU FAIL TO FILE A PROPER PROOF OF
CLAIM FORM AND FAIL TO FILE A TIMELY REQUEST FOR EXCLUSION FROM THE
SETTLEMENT CLASS BY THE DEADLINE SET FORTH ABOVE, YOU WILL NOT
SHARE IN THE SETTLEMENT, BUT YOU WILL BE BOUND BY THE FINAL
JUDGMENT OF THE COURT AND YOU WILL BE ENJOINED FROM ASSERTING THE
RELEASED CLAIMS AGAINST THE DEFENDANTS' RELEASED PERSONS. 7. PLEASE
DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE FOR INFORMATION. BY
ORDER OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT
OF CALIFORNIA DATASOURCE: Bernstein Litowitz Berger & Grossmann
LLP; Barrack, Rodos & Bacine CONTACT: Alan Schulman, or David
Stickney, Tel: +1-858-793-0070, Fax: +1-858-793-0323, both of
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP; or Leonard Barrack,
or M. Richard Komins, Tel: +1-215-963-0600, Fax: +1-215-963-0838,
both of BARRACK, RODOS & BACINE Web site:
http://www.barrack.com/
http://www.blbglaw.com/settlements/mckesson_securities.html
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