AMENDED NOTICE OF SETTLEMENT OF CLASS ACTION TO: ALL SHAREHOLDERS OF DIEDRICH COFFEE, INC. (“DIEDRICH” OR THE “COMPANY”) COMMON STOCK AS OF MAY 11, 2010.
PLEASE TAKE NOTICE that the previously noticed Preliminary Settlement Hearing has been continued by the Court to June 11, 2010 at 1:30 p.m. As previously noticed, the class action (the “Action”) Mendenhall v. Phillips is being settled and the parties have entered into a Stipulation of Settlement dated May 10, 2010 (the “Stipulation”). This notice should be read in conjunction with, and is qualified in its entirety by reference to, the text of the Stipulation, which has been filed with the Court, and the prior notice of this settlement.
The Court may further adjourn the Preliminary Settlement Hearing or any adjournment thereof, including the consideration of the application for attorneys’ fees and reimbursement of expenses, without further notice of any kind other than oral announcement at the Preliminary Settlement Hearing or any adjournment thereof.
On June 11, 2010 at 1:30 pm, a further hearing, the Final Settlement Hearing, will be held in the Superior Court of the State of California for the County of Orange, Civil Complex Center, located at 751 W. Santa Ana Boulevard, Santa Ana, California 92701 to: (i) determine whether final approval of the Settlement should be entered as fair, reasonable, and adequate and in the best interests of the Class; (ii) determine whether judgment should be entered pursuant to the Stipulation, inter alia, extinguishing and releasing all Settled Claims (as defined in the Stipulation); (iii) determine whether the Class should be certified and whether the Class representative and his counsel have adequately represented the Class; (iv) rule on an application of Plaintiff’s counsel for an award of attorneys’ fees and expenses; and (v) rule on such other matters as the Court may deem appropriate. The date and time of the Final Settlement Hearing shall be disclosed on the worldwide website of GMCR at www.GreenMountainCoffee.com and on the worldwide website of Diedrich at www.diedrich.com.
The Court has reserved the right to approve the Settlement with or without modification, to enter a Final Judgment, and to order the payment of attorneys’ fees and expenses without further notice of any kind.
Any member of the Class who: (a) objects to the (i) Settlement, (ii) class action determination, (iii) adequacy of representation of Plaintiff and his counsel, (iv) judgment to be entered with respect to the Action, and/or (v) the request for fees, incentive award and/or reimbursement of costs and expenses by counsel for the Plaintiff; or (b) otherwise wishes to be heard, may appear in person or through counsel at the Preliminary Settlement Hearing and/or the Final Settlement Hearing and show cause why the Settlement should not be approved. If you want to object to the Settlement, you must, not later than ten (10) calendar days prior to the Final Settlement Hearing (unless the Court in its discretion shall otherwise direct for good cause shown), file in the Superior Court of the State of California for the County of Orange, Civil Complex Center, located at 751 W. Santa Ana Boulevard, Santa Ana, California 92701: (i) a written notice of intention to appear; (ii) proof of membership in the Class; (iii) a statement of your objections to any matters before the Court; and (iv) the grounds for your objection or the reasons for your desiring to appear and be heard, as well as documents or writings you desire the Court to consider. Also, on or before the date you file such papers, copies of such papers must be served on and received by each of the following attorneys of record:
Juan E. Monteverde, Esq.
Levi & Korsinsky LLP
30 Broad Street, 15th Floor
New York, New York 10004
Wayne W. Smith, Esq.
Gibson, Dunn & Crutcher LLP
3161 Michelson Drivev Irvine, California 92612
Thad A. Davis, Esq.
Ropes & Gray, LLP
One Embarcadero Center, Suite 2200
San Francisco, California 94111
If you do not object to the Settlement, the class action determination, or the request by counsel for the Plaintiff for an award of attorneys’ fees, expenses and/or incentive award, you do not need to do anything at this time.
You cannot be heard at the Final Settlement Hearing unless you serve and file written objections in the manner described above.
Any person who fails to object in the manner described above shall be deemed to have waived the right to object (including the right to appeal) and will be forever barred from raising such objection in this or any other action or proceeding.
Inquiries may be made to Plaintiff’s Counsel: Juan E. Monteverde, Levi & Korsinsky, LLP, 30 Broad Street, 15th Floor, New York, New York 10004.