PRESS RELEASE
In re Sunterra Corp. Securities Litigation, United States District
Court for the Middle District of Florida
[ Complaint ]
[ Preliminary Approval Order ]
[ Settlement Notice and Claim Form ]
[ Final Stipulation and Agreement of Settlement ]
[ Court Decision ]
[ Request Information ]
Donovan Searles, LLC Announces Preliminary Approval of Securities Class Action
Settlement in In re Sunterra Corporation Securities Litigation
Philadelphia, March 1, 2005 - The law firm of Donovan Searles, LLC
announces that the United States District Court for the Middle District of
Florida has entered an order preliminarily approving the settlement of
the securities class action entitled
In re Sunterra Corporation Securities Litigation.
ALL PERSONS WHO PURCHASED OR ACQUIRED THE COMMON STOCK OF SUNTERRA COPRORATION
("SUNTERRA" OR THE "COMPANY") DURING THE PERIOD OCTOBER 6, 1998 THROUGH AND
INCLUDING JANUARY 19, 2000 (THE "CLASS") ARE HEREBY NOTIFIED, that a hearing will be
held on April 26, 2005 at 9:00 a.m. at the United States District Court for the
Middle District of Florida, Orlando Division, Courtroom 4, George C. Young
United States Courthouse & Federal Building, 80 North Hughey Avenue, Orlando,
Florida 32801 to determine whether (1) the proposed settlement (the "Settlement")
of the above-entitled class action for $4,450,000, in cash plus accrued interest
(the "Settlement Amount") should be approved by the Court as fair, reasonable, and
adequate; (2) the application of Plaintiffs’ Lead Counsel for an award of attorneys’
fees and reimbursement of expenses should be approved; and (3) the Action should be
dismissed with prejudice.
IF YOU PURCHASED OR ACQUIRED SUNTERRA COMMON STOCK DURING THE PERIOD DESCRIBED
ABOVE, YOUR RIGHTS MAY BE AFFECTED BY THE SETTLEMENT OF THIS ACTION. To share
in the distribution of the Net Settlement Fund, you must establish your rights
by filing a Proof of Claim and Release ("Proof of Claim") on or before
July 25, 2005.
THE ALLEGATIONS AGAINST DEFENDANTS
The captioned litigation is a class action alleging violations of the
federal securities laws against certain former directors and/or officers of
Sunterra, as well as Arthur Andersen LLP (collectively, the "Defendants").
Lead Plaintiffs have alleged that Defendants issued materially false and
misleading public filings, press releases, and other statements regarding
Sunterra’s financial condition during the Class Period in violation of
Sections 10(b) and 20(a) of the Exchange Act, as amended, and SEC Rule 10b-5,
17 C.F.R. § 240.10b-5.
EXCLUSION FROM THE SETTLEMENT
If you desire to be excluded from the Class, you must file a request for
exclusion by April 5, 2005 in the manner and form explained in the detailed Notice
referred to below. All members of the Class who have not requested exclusion from
the Class will be bound by the Settlement and any judgment and release entered in
the Action even if they do not file a timely Proof of Claim. Any Class member who
has not validly and timely requested to be excluded from the Class, and who objects
to any aspect of the Settlement, the Plan of Allocation, the adequacy of
representation by Plaintiffs’ Lead Counsel, or the application for attorneys’
fees, costs and expenses, may appear and be heard at the Settlement Hearing.
Any such Person must submit a written notice of objection by April 12, 2005,
in the manner and form explained in the detailed Notice referred to below.
If you have not yet received the Notice of Pendency of Class Action,
which more completely describes the Settlement and your rights thereunder,
and a Proof of Claim form, you may obtain copies of these documents by identifying
yourself as a member of the Class and by writing to: Sunterra Corporation
Securities Litigation, Claims Administrator, Strategic Claims Services, 2710
Concord Road, Suite 5, Aston, PA 19014, or by calling 1-800-274-4004; or
or Donovan Searles, LLC, Attn: Michael D. Donovan, 1845 Walnut Street, Suite
1100, Philadelphia, PA, 19103
Inquiries should NOT be directed to Sunterra Corporation, the Court, or
the Clerk of Court.
If you wish
to discuss this action, or have any questions concerning your rights,
please contact Michael D. Donovan at Donovan Searles, LLC, 1845 Walnut Street,
Suite 1100, Philadelphia, PA 19103; phone: (800) 619-1677 or
(215) 732-6067; or click here.
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