Free Order - District Court of Delaware - Delaware

Case 1 :96-cv-00525-JJF Document 207 Filed 10/04/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GERALD LEVINE, individually and :
on behalf of all others similarly :
situated, I
Plaintiff, Z
vs. CIVIL ACTION
: NO. 95-690 JJF
METAL RECOVERY TECHNOLOGIES, INC., :
formerly known as :
MALVY TECHNOLOGY, INC., :
J . STEPHEN SMITH, ROY PEARCE, :
WILLIAM M. GREENWOOD, and :
MICHAEL LUCAS, :
Defendants.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GERALD LEVINE, individually and 1
on behalf of all others similarly :
situated, :
riaimirg E
vs. CIVIL ACTION
: NO. 96-525 JJF
METAL RECOVERY TECHNOLOGIES, INC., :
et al. :
Defendants.
AMENDED ORDER WITH RESPECT TO CLASS NOTICE
A. By Order dated August 19, 2005 , this Court preliminarily approved the proposed
settlement with Defendant Barron Chase Securities, Inc. and the dismissals described in Plaintiff s
Motion for Preliminary Approval of Settlement, Dismissal of Certain Claims, Approval of Notice
to the Class, and Scheduling of Final Hearing as being fair, reasonable and adequate to the Class,
subject to further consideration at a Hearing on December 1, 2005.

Case 1:96-cv-00525-JJF Document 207 Filed 10/04/2005 Page 2 of 3
B. The Court further directed Plaintiff’ s Counsel to mail Notice of the Proposed
Settlement and Dismissals within thirty (30) days to (a) each person who previously submitted an
approved claim in this action; and to (b) each person identified on the records provided by Defendant
Barron Chase as a potential member of the Class.
C. Plaintiff s counsel have advised the Court they have not completed the above
mailing, but are now able to do so.
D. A mailing completed within the near future will leave sufficient time for Class
Members to opt out andfor object to the proposed settlement and dismissals.
NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:
1 . Within five (5) business days ofthe date hereof, plaintiff shall, at his expense, cause
a notice in the form previously approved by the Court to be reproduced and mailed by first-class
mail, postage prepaid, to (l) each person who has previously submitted an approved claim in this
action; and to (2) each person identified oq the records provided by Defendant Barron Chase as a
potential member of the Class.
2. Plaintiffs counsel shall file with the Court an Affidavit of Mailing within ten (10)
days of the mailing date referred to in paragraph 3, above, attesting to the mailing of the Notice.
3. Notice given in the form and manner provided herein is fotmd to be due, adequate
and sufficient notice, and the best notice practicable under the circumstances, and shall constitute
the notice required by Rule 23 of the Federal Rules of Civil Procedure.
4. In all other respects, this Court’s prior Order governing Class Notice and setting a
Settlement Hearing for December 1, 2005 shall remain in full force and effect.
5. The Court reserves the right to continue or adjoum the date ofthe Settlement Hearing
and any adjournment thereof without further notice to the members of the Class, and retains
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Case 1:96-cv-00525-JJF Document 207 Filed 10/O4/2005 Page 3 of 3
jurisdiction to consider all further applications arising out of or connected with the proposed
settlement and dismissals. _4 _ h
SO ORDERED this \ day of , 2005.
.- hs _ Q
T e ‘·onor J. Fam
iS. istrict Judge `
;.
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