I + ur K) l
IN THE UNITED STATES DISTRICT COURT U l i L by I
FOR THE DISTRICT OF CONNECTICUT Em im I U {5; gi t I,
l ·; ; -‘S‘ xt X A
IN RE PE CORPO 'TION SECURITIES Master File No. 3:00CV705(CFD)r. A V.
LITIGATION
[ cfg ] ORDER PROVIDING FOR NOTICE TO THE CLASS OF
PENDENCY GIF CLASS ACTION
WHEREAS, b Order dated March 31, 2005 (the °‘Certification Orderâ€), the Court
granted the Motion for Class Certification filed by lead plaintiffs David Berlin and Vinh Voung
and certified this actio| as a class action on behalf of all persons who purchased PE Corporation
Celera Genomics Gro p ("Celera") common stock in a Secondary Public Offering conducted by
PE Corporation. on or I bout February 29, 2000 and who were damaged thereby (excluding
defendants, members cl f the immediate family of each corporation, officer, director or other i
individual or entity in hich any defendant has a controlling interest or which is related to or l
affiliated with any of tl e defendants, and the legal representatives, agents, heirs, successors or
assigns, of any such en luded party);
WHEREAS, th, Certification Order also appointed David Berlin and Vinh Voung as
class representatives in this action, and appointed Milberg Weiss Bershad & Schulman LLP lead
counsel and Hurwitz, agarin & Slossberg, LLC liaison counsel for the class (collectively,
“Class Counselâ€);
WHEREAS, on September 6, 2005, the United States Court of Appeals for the Second
Circuit denied the Petitj on of Defendants PE Corporation (N/K/A/Applera Corporation), Tony L.
White, Dennis Winger nd Vikram Job For Permission to Appeal Pursuant to Federal Rule of l
Civil Procedure 23(f`); Z
I
l
ACCC. L.; L.; P`i‘i‘i·e · e·e-e— _ e-e-A-A., . ...... F ..._._
e-A-A-,., . . . i Q i Q Q Q i _,_,
e.—a..L ;.;.;.;; ‘Q‘Q‘i·e · e·e-e-e F —e-»-A-A., . ......... _ Q
""Q""T`Q
_-? ·_'-—- _"—-nl;-_-_*-Mm“—.t_{
* Case 3:00-cv- O706?FD Document 169 Filed 12/@$005 Page 2 of 4 l
WHEREAS, t_ e Court approved Plaintiffs†Proposed Notice of Pendency of Class Action
on November 15, 200 ; A
THE COURTI EREBY ORDERS that: I
(a) Celeral hall authorize and direct its transfer agent to provide Class Counsel a
A listing of all sharehol ers of record of Celera who were issued Celera stock between February
29, 2000 and March 3I , 2000 no later than twenty (20) calendar days following entry of this
Order, in order to iden ify the names and addresses of those persons and entities who may be i
record class members.; Such listing shall be furnished either in the form of pre—printed adhesive
mailing labels or shalllbe made available in computer—accessible form so as to facilitate prompt
mailing at reasonable _ost. Plaintiffs shall reimburse the transfer agent for reasonable costs
incurred to extract thei ames and addresses of the shareholders above for purposes of providing
notice, within a reason ble time; P ` y
(b) Class G unsel shall: (i) within ten (10) calendar days of the date it receives from
Celera or Celera’s tran fer agent the listing described in paragraph (a) above, cause the Notice of i
Pendency of Class Actl on, substantially in the form annexed hereto as Exhibit A (the “Class i
Notice"), to be sent by; regular mail, postage prepaid, to those persons identified pursuant to l
paragraph (a) above; ai d (ii) within twenty-one (21) calendar days of the date it receives from
Celera or Celera’s tran fer agent the listing described in paragraph (a) above, cause the Summary
Notice of Pendency of l lass Action, substantially in the form annexed hereto as Exhibit B (the i
"Summary Class Notid â€), to be published one time in the national edition of The Wall Street i
Journal;
(c) Securiti s brokers or other nominees who purchased Celera stock pursuant to or
traceable to SecondarylOffering for the beneficial interest of another person or entity (or
depositaries that held s curities for any such brokers or nominees) shall, within fourteen (14)
~ Case 3:00-cv- O7
representative of Clas Counsel the name and last known address of each such person or entity
for whom or which th securities were purchased and such designated representative shall
forward the Class No ice to the beneficial owners; or (ii) obtain from the designated agent of E
Class Counsel the req isite number of Class Notices and, within seven (7) calendar days of I
receipt of such Class otices, mail the Class Notice directly to the beneficial owners of the l
securities referred to erein. Upon any mailing pursuant to subparagraph (ii) of this paragraph,
such securities broke, depositary or nominee shall send a statement to the designated `
representative of Cla. s Counsel confirming that the mailing was made as directed. Class
Counsel shall reimb ` se such securities brokers, depositaries and nominees for their reasonable
costs in complying wl th this paragraph after receiving appropriate supporting documentation;
(d) Withi, a reasonable time after the later of the completion of mailing of the Class
Notice or the publica ion ofthe Summary Class Notice as set forth in paragraph (b), Class
Counsel shall cause ' affidavit or affidavits to be filed with the Clerk of the Court and served
upon all parties to ev dence the fact that the Class Notice was mailed and the Summary Class
Notice was publishe _; and
(e) The d adline for requests for exclusions and entries of appearances pursuant to
Fed. R. Civ. P. 23(c)(2) as set forth in the Class Notice shall be ninety (90) calendar days from
the date of the initiall ailing of the Class Notice. Within two weeks after the deadline for
requests for exclusioi s, Class Counsel shall cause an affidavit to be filed with the Clerk of the
Court and served by and on all parties which shall provide a list of all persons or entities from
whom exclusion req _ests have been received, identified by name and address.
t Case 3:00-cv- O7(?5?FD Document 169 Filed 12/(l'47?OO5 Page 4 of 4 {
· ~ N U
EZh;1st;phe1i F.-Droney E §
United States District Judge I
Dated: )&b· 7 2005 J
E
l Q
United States Free Forms
Canada Free Forms
United Kingdom Free Forms
Australia Free Forms