Notice of Pendency and Settlement of Class Action on Behalf of Those Who Purchased or Otherwise Acquired the Common Stock of Ind
April 30 2009 - 7:00AM
Marketwired
The Rosen Law Firm, P.A. Announces the Notice of Pendency and
Settlement of Class Action Involving Industrial Enterprises of
America, Inc. (PINKSHEETS: IEAM).
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW
YORK
ANNMARIE MALLOZZI, individually and on behalf of all others
similarly situated, Plaintiffs,
v.
INDUSTRIAL ENTERPRISES OF AMERICA, INC.; JOHN MAZZUTO; JORGE
YEPES; DENNIS O'NEILL; and JAMES MARGULIES, Defendants.
CASE No.: 07-CV-10321 (GBD)
SUMMARY NOTICE OF PENDENCY AND SETTLEMENT OF CLASS ACTION
TO ALL PERSONS WHO PURCHASED OR OTHERWISE ACQUIRED the common
stock ("Stock") of Industrial Enterprises of America, Inc. ("IEAM")
during the period from December 4, 2006 though and including
November 7, 2007 (the "Class Period") and were damaged thereby.
IF YOU PURCHASED OR OTHERWISE ACQUIRED THE ABOVE STOCK DURING
THE CLASS PERIOD YOU ARE A MEMBER OF THE "CLASS" IN THIS FEDERAL
CLASS ACTION (hereafter, the "Litigation").
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal
Rules of Civil Procedure and an Order of the above Court, that a
hearing will be held on July 29, 2009 at 10:00 a.m., in Courtroom
15D, United States District Court for the Southern District of New
York, 500 Pearl Street, New York, NY 10007-1312 to determine: (1)
whether this Litigation should be certified as a class action for
the purposes of settlement; (2) whether the proposed settlement
(the "Settlement") of the Litigation for $3,800,000 plus accrued
interest (the "Settlement Amount") should be approved by the Court
as fair, reasonable, and adequate; (3) whether the motion of Lead
Plaintiffs' Counsel for an award of attorneys' fees, not to exceed
one-third the Settlement Amount, and reimbursement of reasonable
expenses, not to exceed $75,000 should be approved; and (4) whether
the Litigation should be dismissed with prejudice.
If You Acquired Any Stock of IEAM During the Class Period
Described Above, Your Rights May Be Affected by the Settlement of
this Litigation. To Share in the Distribution of the Settlement
Fund, You Must Establish Your Rights by Mailing a Proof of Claim
and Release Form, Postmarked No Later Than July 8, 2009.
If you have not yet received the Notice of Pendency and
Settlement of Class Action ("Notice"), which more completely
describes the Settlement and your rights thereunder, and a Proof of
Claim and Release form, you may obtain copies of these documents by
identifying yourself as a member of the Class and by writing to,
telephoning, or visiting on the Internet:
Industrial Enterprises of America, Inc. Securities Litigation
Claims Administrator
c/o Strategic Claims Services
P.O. Box 230
600 N. Jackson Street, Suite 3
Media, PA 19063
Tel: (866) 274-4004
www.strategicclaims.net
Inquiries should NOT be directed to IEAM or the Clerk of the
Court.
If you desire to be excluded from the Class, you must submit a
written request for exclusion, postmarked no later than June 15,
2009, in the manner and form explained in the Notice. All members
of the Class who have not requested exclusion from the Class will
be bound by the Settlement and any Judgment entered in the
Litigation even if they do not timely file a Proof of Claim and
Release form.
DATED: April 16, 2009
BY ORDER OF THE UNITED STATES
DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF NEW YORK
Contact: Phillip Kim, Esq. Timothy W. Brown, Esq. Laurence M.
Rosen, Esq. THE ROSEN LAW FIRM, P.A. 350 5th Avenue, Suite 5508 New
York, New York 10118 Telephone: (212) 686-1060 Facsimile: (212)
202-3827
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