Class Action Lawsuit May Benefit Purchasers of Xethanol Common Stock
August 25 2008 - 4:06PM
PR Newswire (US)
NEW YORK, Aug. 25 /PRNewswire/ -- The United States District Court
for the Southern District of New York has granted preliminary
approval of a Proposed Settlement affecting people who purchased
the publicly-traded common stock of Xethanol (Amex: XNL; formerly
XTHN) between January 31, 2006 and August 8, 2006. To obtain a
detailed Notice of Pendency of Class Action and Proposed Settlement
with all Defendants, Motion for Attorneys' Fees and Settlement
Fairness Hearing ("Notice") and a copy of the Proof of Claim and
Release, Class Members may obtain copies by writing to Xethanol
Securities Litigation, c/o Complete Claim Solutions, LLC, P.O. Box
24790, West Palm Beach, FL 33416. In order to share in the
distribution of the Net Settlement Fund, Class Members must submit
a Proof of Claim and Release postmarked no later than September 26,
2008 in order to establish that they are entitled to recovery. A
hearing will be held on September 15, 2008, at 9:30 a.m., before
the Honorable Harold Baer at the United States Courthouse, 500
Pearl Street, Courtroom 23B, New York, NY, for the purpose of
determining (1) whether the Proposed Settlement of the claims in
the Litigation for the sum of $2,800,000 in cash should be approved
by the Court as fair, reasonable and adequate; (2) whether, after
the hearing, this Litigation should be dismissed with prejudice
pursuant to the terms and conditions set forth in the Stipulation
of Settlement dated as of April 29, 2008; (3) whether the Plan of
Allocation is fair, reasonable and adequate and should be approved;
and (4) whether the application of Lead Counsel for the payment of
attorneys' fees and reimbursement of expenses incurred in this
Litigation should be approved. If a Class Member desires to be
excluded from the Class, he or she must submit a Request for
Exclusion postmarked no later than August 29, 2008, in the manner
and form explained in the detailed Notice referred to above. All
Members of the Class who have not timely and validly requested
exclusion from the Class will be bound by any judgment entered in
the Litigation pursuant to the terms and conditions of the
Stipulation of Settlement. Any objection to the settlement must be
mailed or delivered such that it is received by each of the
following on or before August 29, 2008: CLERK OF THE COURT UNITED
STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK United States
Courthouse 500 Pearl Street New York, NY 10007 Lead Counsel for
Plaintiffs: KAHN GAUTHIER SWICK, LLC LEWIS S. KAHN 650 Poydras
Street, Suite 2150 New Orleans, LA 70130 Counsel for Defendants:
PADUANO & WEINTRAUB, LLP ANTHONY PADUANO 1251 Avenue of the
Americas Ninth Floor New York, NY 10020 Class Members should not
contact the Court of the Clerk's office regarding this Litigation.
If Class Members have any questions about the settlement, they may
contact Lead Counsel for Plaintiffs at the address listed above or
contact the Claims Administrator, toll-free, at 877-625-9442.
DATASOURCE: Complete Claim Solutions, LLC CONTACT: Peter M. Craig
of Complete Claim Solutions, LLC, +1-561-253-7726
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