To: All Persons and Entities Who Purchased or Acquired Bristol-Myers Common Stock Between the Close of the Market on March 21, 2006, Through August 8, 2006, Inclusive
NEW YORK, Sept. 11 /PRNewswire/ — The following statement is being issued by BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP regarding the Bristol-Myers Squibb Co. Securities Litigation.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
File No. 07-CV-5867 (PAC)
IN RE BRISTOL-MYERS SQUIBB CO.
SECURITIES LITIGATION
SUMMARY NOTICE
TO: ALL PERSONS AND ENTITIES WHO PURCHASED OR ACQUIRED BRISTOL-MYERS COMMON STOCK BETWEEN THE CLOSE OF THE MARKET ON MARCH 21, 2006, THROUGH AUGUST 8, 2006, INCLUSIVE:
YOU ARE HEREBY NOTIFIED that the above-captioned action has been certified as a class action, and that the Lead Plaintiff, on behalf of itself and the Class, has reached a proposed settlement with Bristol-Myers Squibb Company (“Bristol-Myers”), Peter R. Dolan and Andrew G. Bodnar (collectively, “Defendants”), for $125 million. A hearing will be held before the Honorable Paul A. Crotty at the United States District Court for the Southern District of New York, 500 Pearl Street, Courtroom 20C, New York, New York 10007 at 2:00 p.m. on December 8, 2009, to determine: (1) whether the proposed Settlement should be approved by the Court as fair, reasonable, and adequate; (2) whether the Plan of Allocation is fair and reasonable and therefore should be approved in connection with this Settlement; and (3) whether the application of Lead Counsel for attorneys’ fees and Litigation Expenses should be approved.
IF YOU ARE A MEMBER OF THE CLASS, YOUR RIGHTS WILL BE AFFECTED BY THE SETTLEMENT, AND YOU MAY BE ENTITLED TO SHARE IN THE SETTLEMENT FUND. If you have not yet received the (1) Notice Of Pendency Of Class Action And Proposed Settlement, Settlement Fairness Hearing, and Motion For Attorneys’ Fees And Reimbursement Of Litigation Expenses (“Notice”); and (2) Proof of Claim Form (“Claim Form”), you may obtain copies of these documents by contacting: In re Bristol-Myers Squibb Co. Securities Litigation, c/o The Garden City Group, Inc., P.O. Box 9515, Dublin, OH 43017-4815. Copies of the Notice and Claim Form may also be downloaded from: www.blbglaw.com or at www.bristolmyerssecuritieslitigation.com. If you are a Class Member, in order to be eligible to share in the distribution of the Net Settlement Fund, you must submit a Claim Form no later than December 30, 2009, establishing that you are entitled to a recovery. You will be bound by any judgment entered in the Consolidated Action whether or not you make a Claim.
If you desire to be excluded from the Class, you must submit a request for exclusion such that it is received no later than November 17, 2009, in the manner and form explained in the Notice. All Class Members who do not request exclusion from the Class will be bound by any judgment entered in the Consolidated Action.
Any objection to the proposed Settlement, Plan of Allocation or application for attorneys’ fees and payment of Litigation Expenses must be filed with the Court and delivered to counsel for the parties such that it is received no later than November 17, 2009, in the manner and form set forth in the Notice.
PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE REGARDING THIS NOTICE. Inquiries, other than requests for the Notice and Claim Form, may be made to Lead Counsel:
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
Salvatore J. Graziano, Esq.
1285 Avenue of the Americas
New York, New York 10019
Telephone: 1-800-380-8496
Dated: September 11, 2009 By Order of the Clerk of the Court
United States District Court
for the Southern District of New York
SOURCE BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
