Murphy Rosen & Cohen LLP Announces Notice of Judgment After Court Trial
3 November 2006 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES JOSEPH DILILLO and DAVID L. ) CASE NO. BC 231418 TIMMONS, on behalf of themselves ) and all others similarly situated, ) ) CLASS ACTION ) Plaintiffs, ) ) vs. ) ) USTMAN TECHNOLOGIES, INC.; ) BARRY S. ROSENSTEIN; MARC A. ) WEISMAN; DAN R. COOK; DAVID ) SHAPIRO; MICHAEL LERNER; ) SAGAPONACK PARTNERS, L.P.; ) SAGAPONACK INTERNATIONAL ) PARTNERS, L.P.; SAGAPONACK ) INTERNATIONAL HOLDINGS, L.L.C.; ) RSP CAPITAL, L.L.C.; DANAHER ) CORPORATION; VEEDER-ROOT ) COMPANY; and DOES 1 through 100, ) inclusive ) ) Defendants. ) _________________________________________) This action came on regularly for trial on March 20, 2006, in Department 61 of the above-captioned Court, the Honorable David L. Minning presiding. Plaintiffs Joseph Dilillo and David L. Timmons, on behalf of themselves and all others similarly situated, appeared through attorneys Peter D. Bull and Mark Levine of Bull & Lifshitz LLP, and W. James Osborne of Osborne & Associates. Defendants Ustman Technologies, Inc., Barry S. Rosenstein, Marc A. Weisman, Dan R. Cook, David Shapiro, Michael Lerner, Sagaponack Partners LP, Sagaponack International Partners LP, Sagaponack International Holdings, LLC, and RSP Capital, LLC appeared through attorneys David E. Rosen and Jodi M. Newberry of Murphy Rosen & Cohen LLP. Having considered the evidence presented at trial and the arguments of counsel, and having already issued a Statement of Decision setting forth the bases for Judgment: IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1. Judgment on plaintiffs' Second Amended Complaint is hereby entered in favor of defendants Ustman Technologies, Inc., Barry S. Rosenstein, Marc A. Weisman, Dan R. Cook, David Shapiro, Michael Lerner, Sagaponack Partners LP, Sagaponack International Partners LP, Sagaponack International Holdings, LLC and RSP Capital, LLC. 2. Plaintiffs Joseph Dilillo and David L. Timmons, on behalf of themselves and all others similarly situated, are to receive nothing from any of the defendants. 3. The Court finds that the members of the class consists of all persons who owned shares of Ustman Technologies, Inc. common stock on or about June 6, 2000, excluding defendants, and any persons, firms, trusts, corporations, or other entities related to or affiliated with any of the defendants and their successors in interest. 4. For purposes of providing notice to the class, notice will be provided to the persons and entities listed on the U.S. Stock Transfer Corporation shareholder list for Ustman Technologies, Inc. dated as of April 10, 2000 (the "Shareholder List"). 5. Notice of Entry of Judgment is to be given to the class in the following manner: a. Defendants will mail Notice of Entry of Judgment via first-class postage to the class at the addresses listed in the Shareholder List no later than twenty (20) days after receipt of the Notice of Entry of Judgment; and b. Defendants shall arrange for a copy of this Judgment to be disseminated via placement over the Internet on the PR Newswire or comparable manner no later than twenty (20) days after receipt of Notice of Entry of Judgment. 6. Notice of Entry of Judgment is deemed to be served upon the entire class effective five (5) calendar days after completion of items 5(a) and 5(b), above. DATED: October 19, 2006 /s/ _______________________________ Honorable David L. Minning
Source: prnewswire
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