Abatix Corporation: Settled and/or Concluded Case

• Stipulation And Agreement Of Settlement (1.03 MB)
  Case 3:04-cv-00872 Document 58-2 Filed 05/06/2005 Page 2 of 37 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION FAMILY MEDICINE SPECIALISTS and HOWARD KALNITSKY, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, vs. ABATLX CORP., TERRY SHAVER, FRANK CINATL, IV, and GARY COX, Defendants. Civil Action No. 3:04-CV-872-B (JJB) STIPULATION AND AGREEMENT OF SETTLEMENT This Stipulation and Agreement of Settlement (the "Stipulation") is submitted pursuant to Rule 23 of the Federal Rules of Civil Procedure. Subject to the approval of the Court, this Stipulation is entered into among Lead Plaintiffs Family Medicine Specialists, Brian De Souza, Charalambos Kyriakides, Francisco and Elsa Fernandez, and Toan Nguyen on behalf of themselves and the Class (as hereinafter defined) and Defendants Abatix Corp. ("Abatix"), Terry Shaver, Frank Cinatl, IV, and Gary Cox (the "Defendants"), by and through their respective counsel. WHEREAS: A. Begjbining on
  
  
• Proof Of Claim And Release (107 KB)
  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x Master File No. 04 Civ. 3793 (LTS)(MHD) CLASS ACTION In re THE DESCARTES SYSTEMS GROUP INC. SECURITIES LITIGATION This Document Relates To: ALL ACTIONS. PROOF OF CLAIM AND RELEASE I. GENERAL INSTRUCTIONS 1. To recover as a Member of the Class based on your claims in the action entitled In re The Descartes Systems Group Inc. Securities Litigation, Master File No.04 Civ. 3793 (LTS)(MHD) (the “Litigation”), you must complete and, on page 8 hereof, sign this Proof of Claim and Release. If you fail to file a properly addressed (as set forth in paragraph 3 below) Proof of Claim and Release, your claim may be rejected and you may be precluded from any recovery from the Settlement Fund created in connection with the proposed settlement of the Litigation. 2. Submission of this Proof of Claim and Release, however, does not assure that you will share in the proceeds of settlement in the Litigation. 3. YOU MUST MAIL YOUR COMPLETED AND SIGNED PROOF
  
  
• Notice Of Pendency And Proposed Settlement Of Class Action (64 KB)
  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x In re THE DESCARTES SYSTEMS GROUP : INC. SECURITIES LITIGATION : This Document Relates To: : : ALL ACTIONS. : : x TO: ALL PERSONS WHO PURCHASED, ACQUIRED OR SOLD THE DESCARTES SYSTEMS GROUP INC. (“DESCARTES”) SECURITIES DURING THE PERIOD BEGINNING JUNE 4, 2003 THROUGH MAY 6, 2004, INCLUSIVE PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. YOUR RIGHTS MAY BE AFFECTED BY PROCEEDINGS IN THIS LITIGATION. PLEASE NOTE THAT IF YOU ARE A CLASS MEMBER, YOU MAY BE ENTITLED TO SHARE IN THE PROCEEDS OF THE SETTLEMENT DESCRIBED IN THIS NOTICE. TO CLAIM YOUR SHARE OF THIS FUND, YOU MUST SUBMIT A VALID PROOF OF CLAIM POSTMARKED ON OR BEFORE SEPTEMBER 22, 2005. This Notice has been sent to you pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the Southern District of New York (the “Co
  
  
• Preliminary Order For Notice And Hearing In Connection With Settlement Proceedings (139 KB)
  Case 3:04-cv-00872 Document 61 Filed 05/17/2005 Page 1 of 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION FAMILY MEDICINE SPECIALISTS, et al., § § Plaintiffs, § § V. § CIVIL ACTION NO. 3: 04-CV-0872-B § ABATIX CORPORATION, et al., § § Defendants. § PRELIMINARYORDERFORNOTICEANDHEARINGINCONNECTION WITHSETTLEMENTPROCEEDINGS WHEREAS, on May 6, 2005, the parties to the above-entitled action (the “Action”) entered into a Stipulation and Agreement of Settlement (the “Stipulation”) which is subject to review under Rule 23 of the Federal Rules of Civil Procedure and which, together with the exhibits thereto, sets forth the terms and conditions for the proposed settlement of the claims alleged in the Complaint on the merits and with prejudice; and the Court having read and considered the Stipulation a