Stockholders v Mills Corporation
All Persons or Entities Who Purchased or Otherwise Acquired Publicly Traded Common Stock and/or Preferred Stock of the Mills Corporation ('Mills')
The following statement is being issued by Bernstein Litowitz Berger & Grossmann LLP, and Barrack, Rodos & Bacine regarding the Mills Corporation Securities Litigation.
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
IN RE THE MILLS CORPORATION ) CIVIL ACTION NO.
SECURITIES LITIGATION ) 1:06-cv-00077 (LO-TRJ)
Summary Notice of Pendency of Class Action AND Proposed Settlements, and NOTICE
OF RESCHEDULING OF Settlement Fairness Hearing
TO: ALL PERSONS OR ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED PUBLICLY
TRADED COMMON STOCK AND/OR PREFERRED STOCK OF THE MILLS CORPORATION ("MILLS") DURING THE PERIOD FROM FEBRUARY 27, 2001, THROUGH AUGUST 10, 2006, AND WHO WERE DAMAGED THEREBY.
PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS WILL BE AFFECTED BY A CLASS ACTION LAWSUIT PENDING IN THIS COURT.
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 Eastern
District of Virginia, Alexandria Division (the "Court"), (i) of the pendency
of this action (the "Action") as a class action on behalf of the persons and
entities described above (the "Class"), except for certain persons and
entities who are excluded from the Class by definition, including persons who
purchased and sold all of their Mills stock before the close of the market on
October 31, 2005; and (ii) that three settlements in this Action for a
combined total of $202.75 million in cash have been proposed that will fully
and finally settle all claims against and release all Defendants.
YOU ALSO ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules of
Civil Procedure and an Order of the Court, that a hearing (the "Settlement
Fairness Hearing") will be held before the Honorable Liam O'Grady, at the
United States District Court for the Eastern District of Virginia, Alexandria
Division, Albert V. Bryan U.S. Courthouse, 401 Courthouse Square, Courtroom 7,
Alexandria, VA 22314 at 10:00 a.m. on November 19, 2009 (i) to determine
whether each of the proposed Settlements should be approved by the Court as
fair, reasonable, and adequate; (ii) to determine whether the Settled Claims
against the Settling Defendants and the other Released Parties should be
dismissed with prejudice; (iii) to determine whether a proposed plan of
allocation should be approved by the Court as fair and reasonable; and (iv) to
determine whether fees and reimbursement of expenses should be awarded to Lead
Counsel and, if so, the amount of such an award. The full printed Notice of
Pendency of Class Action, Proposed Settlements and Settlement Fairness Hearing
(the "Notice"), which you may already have received, set forth that the
Settlement Fairness Hearing would be held on October 8, 2009. PLEASE TAKE NOTE THAT THE SCHEDULE SET FORTH IN THE NOTICE HAS BEEN REVISED BY ORDER OF
THE COURT. THE FAIRNESS HEARING WILL BE HELD ON NOVEMBER 19, 2009.
IF YOU ARE A MEMBER OF THE CLASS DESCRIBED ABOVE, YOUR RIGHTS WILL BE AFFECTED BY THE PENDING ACTION AND THE SETTLEMENTS, AND YOU MAY BE ENTITLED TO SHARE IN THE SETTLEMENT FUNDS. If you have not yet received the Notice with the attached Claim Form, you may obtain a copy of these documents by contacting the Claims Administrator:
In re The Mills Corporation Securities Litigation
c/o The Garden City Group, Inc.
P.O. Box 9504
Dublin, OH 43017-4804
1-866-282-3988
Copies of the Notice and Claim Form may also be downloaded from the Claims
Administrator's website, www.millssecuritieslitigation.com, or from Lead
Counsel's websites, www.blbglaw.com and www.barrack.com.
If you are a Class Member and do not exclude yourself from the Class, you will
be bound by any judgment entered in the Action. To exclude yourself from the
Class, you must submit a request for exclusion such that it is received no
later than October 29, 2009, in accordance with the instructions set forth in
the Notice. Any objections to any of the proposed Settlements, the proposed
plan of allocation, and Lead Counsel's application for fees and reimbursement
of expenses must be filed with the Court and delivered to Lead Counsel for the
Class and counsel for the Settling Defendants such that they are received no
later than October 29, 2009, in accordance with the instructions set forth in
the Notice. The Notice set forth that any requests for exclusion must be
submitted such that they are received no later that September 17, 2009, and
that any objections must be filed with the Court and delivered to Counsel such
that they are received no later than September 17, 2009. PLEASE TAKE NOTE
THAT THE SCHEDULE SET FORTH IN THE NOTICE HAS BEEN REVISED BY ORDER OF THE
COURT. ANY REQUESTS FOR EXCLUSION MUST BE SUBMITTED, AND ANY OBJECTIONS MUST BE FILED WITH THE COURT AND DELIVERED TO COUNSEL, SUCH THAT THEY ARE RECEIVED NO LATER THAN OCTOBER 29, 2009.
To participate in the Settlements, Class Members must submit a Claim Form and
supporting documentation by December 31, 2009. The Notice set forth that, to
participate in the Settlements, Class Members must submit a Claim Form and
supporting documentation by November 12, 2009. PLEASE TAKE NOTE THAT THE
SCHEDULE SET FORTH IN THE NOTICE HAS BEEN REVISED BY ORDER OF THE COURT. TO PARTICIPATE IN THE SETTLEMENTS, CLASS MEMBERS MUST SUBMIT A CLAIM FORM AND SUPPORTING DOCUMENTATION BY DECEMBER 31, 2009.
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING THIS NOTICE.
Inquiries, other than requests for the Notice, may be made to Lead Counsel:
Steven B. Singer, Esq. Jeffrey W. Golan, Esq.
Bernstein Litowitz Berger & Grossmann LLP Barrack, Rodos & Bacine
1285 Avenue of the Americas 3300 Two Commerce Square
New York, NY 10019 2001 Market Street
1 (800) 380-8496 Philadelphia, PA 19103
1 (215) 963-0600
By Order of the Court
If you bought Mills Corporation securities and would like to obtain information about the Mills Corporation lawsuit, then you are invited to call Kahn Swick & Foti, LLC toll free at (866) 467-1400 extension 100 to speak with an attorney or visit www.ksfcounsel.com.
