On December 17, 2014 the Net Settlement Fund was distributed according to the Distribution Order filed on September 16, 2014.
Please read this information carefully as it explains important rights you may have, including the possible receipt of cash from the Settlement.
The following is a summary of information presented in more detail in the Notice of Proposed Class Action Settlement (the "Notice"), which Class Members should have received in the mail, and which you can access by clicking on the "Notice" link to the left. Since this is just a summary, you should read the full Notice for additional details.
Please be advised that your rights may be affected by a class action lawsuit pending in the Court (the “Action”) if, you purchased or otherwise acquired the publicly traded common stock of Matrixx Initiatives, Inc. (“Matrixx”) during the period between December 22, 2007 and June 15, 2009, inclusive (the “Class Period”), and were damaged thereby.
The Fairness Hearing will be held on September 5, 2013, at 10:00 a.m., before the Honorable Roslyn O. Silver at Sandra Day O’Connor United States Courthouse, United States District Court, District of Arizona, 401 West Washington Street, Phoenix, Arizona. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court will also decide whether to approve the payment of fees and expenses to Lead Plaintiff’s Counsel and the Plan of Allocation. We do not know how long the hearing will take or whether the Court will make its decision about the Settlement, the request for the payment of fees and expenses, or the Plan of Allocation on the day of the hearing or sometime later.
If you are a Class Member, you will be required to submit a Proof of Claim and Release form with supporting documentation to establish your entitlement to share in the Net Settlement Fund. A Notice and Proof of Claim and Release form can be downloaded by clicking the links to the left. If you are a member of the Class and do not submit a proper Proof of Claim and Release form, you will not share in the distribution of the net proceeds of the Settlement but you will nevertheless be bound by any judgments or orders entered by the Court in the Action. Please retain all records of your ownership of and transactions in Matrixx Initiatives, Inc. common stock, as they may be needed to document your Claim.
All members of the Class who did not timely and validly request exclusion from the Class by November 10, 2012 will be bound by any judgment entered in the Litigation pursuant to the Stipulation.
Any objections to any aspect of the proposed Settlement, the proposed Plan of Allocation or Lead Counsel’s application for an award of attorneys’ fees and reimbursement of expenses, must be filed with the Court and delivered to designated representative Lead Plantiff’s Counsel and Defendants Counsel so that they are received no later than August 22, 2013, in accordance with the instructions set forth in the Notice.
Further information regarding the Action, the Notice and how to file your Proof of Claim and Release form, may be obtained by contacting the Claims Administrator or reading through the Notice and Proof of Claim form links on the left.