A&P Securities Settlement Website
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Welcome to the A&P Securities Settlement Website

This website has been established to provide general information regarding the proposed Settlement of the action Dudley v. Haub, No. 2:11-cv-05196-WJM-MF, pending in the United States District Court for the District of New Jersey (the "Action"). The capitalized terms used on this website and not defined herein shall have the same meanings ascribed to them in the Settlement Agreement dated May 8, 2014.

This Action was commenced on September 9, 2011 with the filing of an initial complaint in the United States District Court for the District of New Jersey (the "Court") alleging violations of the federal securities laws. On December 8, 2011, by order of the Court, City of New Haven Employees' Retirement System and Plumbers and Pipefitters Locals 502 & 633 Pension Trust Fund were appointed as Lead Plaintiffs, Robbins Geller Rudman & Dowd LLP was appointed Lead Counsel for the Class, and Cohn Lifland Pearlman Hermann & Knopf LLP was appointed as Liaison Counsel by the Court. 

On March 16, 2012, Lead Plaintiffs filed an amended complaint (the "Amended Complaint"). The Amended Complaint asserts claims under §§10(b) and 20(a) of the Securities Exchange Act of 1934 (15 U.S.C. §§78j(b) and 78t(a)) and Rule 10b-5 promulgated thereunder (17 C.F.R. §240.10b-5) against the Settling Defendants and, in addition, Ronald Marshall, Samuel Martin, Ronald Burkle and The Yucaipa Companies LLC (the "Dismissed Defendants"). On November 21, 2013, the Settling Parties attended a mediation session with David Geronemus, Esq. of JAMS, during which the parties reached an agreement-in-principle to resolve the Action.

The principal amount of Nine Million Dollars ($9,000,000.00), plus any accrued interest, constitutes the Settlement Fund. A portion of the settlement proceeds will be used for certain administrative expenses, including the costs of printing and mailing the Notice, the cost of publishing a newspaper notice, payment of any taxes assessed against the Settlement Fund, and costs associated with the processing of claims submitted. In addition, as explained in the Notice, a portion of the Settlement Fund may be awarded by the Court to Lead Counsel as attorneys' fees and for expenses in litigating the case, and to the Lead Plaintiffs for their expenses. The balance of the Settlement Fund (the "Net Settlement Fund") will be distributed according to the Plan of Distribution described in the Notice to Class Members who submit valid and timely Proof of Claim and Release forms.

Although the information in this website is intended to assist you, it does not replace the information contained in the Notice of Pendency and Proposed Settlement of Class Action and Settlement Agreement, both of which can be found and downloaded by clicking on the Case Documents tab above. We recommend that you read the Notice and other relevant case documents carefully.

THE RIGHTS OF A CLASS MEMBER

SUBMIT A PROOF OF CLAIM FORM If you submit a Proof of Claim and Release form, you will share in the proceeds of the proposed Settlement if your claim is valid and if the proposed Settlement is finally approved by the Court. In addition, you will be bound by the Judgment and release described in the Notice.
EXCLUDE YOURSELF If you submit a valid and timely request for exclusion, you will be excluded from the Class, you shall have no rights under the Settlement, shall not share in the distribution of the Net Settlement Fund, and shall not be bound by the Settlement Agreement or the Judgment. No request for exclusion will be considered valid unless all of the information described in the Notice is included in any such request. No further opportunity to request exclusion will be given in this Action.
OBJECT If you have not timely and validly requested exclusion from the Class, you may object to the Settlement by submitting a written objection by November 25, 2014. However, if your objection is rejected, you will be bound by the Settlement and the Judgment just as if you had not objected.
GO TO A HEARING You may ask to speak in Court about the fairness of the Settlement, the request for attorneys' fees and expenses, or the Plan of Distribution.
DO NOTHING If you choose this option, you will not share in the proceeds of the Settlement, but you will be bound by any judgment entered by the Court in connection with the Settlement, and you shall be deemed to have, and by operation of the Judgment shall have, fully released all of the Released Claims against the Released Persons.

 

DEADLINES

Submit Claim: December 2, 2014
Request Exclusion: November 25, 2014
File Objection: November 25, 2014
Court Hearing on Fairness of Settlement: December 18, 2014 at 10:00 a.m.