YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and an Order of the United States District Court for
the Northern District of California, that a hearing will be held on
December 10, 2014, at 2 p.m., before the Honorable William H. Orrick,
United States District Judge, Courtroom 2, 17th Floor, at the
courthouse for the United States District Court, Northern District of
California, San Francisco Courthouse, 450 Golden Gate Avenue, San
Francisco, California 94102, for the purpose of determining, among other
things, whether: (1) the proposed Settlement of the Class’s claims
against the Defendants for $6,500,000.00 should be approved as fair,
reasonable and adequate; (2) the Plan of Allocation is fair, reasonable,
and adequate and should be approved; (3) the application by Lead Counsel
for an award of attorneys’ fees and expenses should be approved; (4) the
Lead Plaintiff’s application for reimbursement of costs and expenses
should be granted; and (5) the Action should be dismissed with prejudice
against the Defendants as set forth in the Settlement Stipulation filed
with the Court.
If you purchased or otherwise acquired Affymax common stock between
August 8, 2012 and February 22, 2013, inclusive (the “Settlement Class
Period”), both dates inclusive, your rights may be affected by this
Action and the Settlement thereof. If you have not received the detailed
Notice Of Proposed Settlement Of Class Action, Motion For Attorneys’
Fees And Expenses, And Settlement Final Approval Hearing (the “Notice”)
and Proof of Claim and Release Form, you may obtain them free of charge
by contacting the Claims Administrator, by mail at: Bartelt v.
Affymax Energy Inc., PO Box 43270, Providence, RI 02940-3270; by
telephone at 1-866-247-7259; or by visiting the website at:
affymaxshareholdersettlement.com.
If you are a member of the Class and wish to share in the Settlement
money, you must submit a Proof of Claim no later than December 27, 2014
establishing that you are entitled to recovery. As further described in
the Notice, you will be bound by any judgment entered in the Action,
regardless of whether you submit a Proof of Claim, unless you exclude
yourself from the Class, in accordance with the procedures set forth in
the Notice, by no later than November 26, 2014. Any objections to the
Settlement, Plan of Allocation or attorney’s fees and expenses must be
filed with the Court, in accordance with the procedures set forth in the
Notice, no later than November 26, 2014.
Inquiries, other than requests for the Notice, may be made to Lead
Counsel for the Class: Leigh Handelman Smollar, Pomerantz LLP, 10 South
La Salle Street, Ste. 3505, Chicago, IL 60603, Telephone: 312-377-1181
INQUIRIES SHOULD NOT BE DIRECTED TO THE COURT, THE CLERK’S OFFICE,
THE DEFENDANTS, OR DEFENDANTS’ COUNSEL BY ORDER OF THE UNITED STATES
DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
The Pomerantz Firm, with offices in New York, Chicago, Florida, and San
Diego, is acknowledged as one of the premier firms in the areas of
corporate, securities, and antitrust class litigation. Founded by the
late Abraham L. Pomerantz, known as the dean of the class action bar,
the Pomerantz Firm pioneered the field of securities class actions.
Today, more than 70 years later, the Pomerantz Firm continues in the
tradition he established, fighting for the rights of the victims of
securities fraud, breaches of fiduciary duty, and corporate misconduct.
The Firm has recovered numerous multimillion-dollar damages awards on
behalf of class members. See www.pomerantzlaw.com.
Copyright Business Wire 2014