NEW YORK, July 11, 2011 /PRNewswire/ -- Kirby McInerney LLP
is issuing the following statement regarding the Dutton v Harris
Stratex Action:
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
DUTTON V HARRIS STRATEX NETWORKS, INC., et al. (current NASDAQ
ticker: AVNW; current name: Aviat Networks, Inc.; former NASDAQ
ticker: HSTX) CLASS ACTION, 1:08-cv-00755-LPS
Summary Notice
TO: ALL PERSONS WHO ACQUIRED THE PUBLICLY-TRADED COMMON STOCK OF
HARRIS STRATEX NETWORKS, INC. ("HSTX") (TRADING SYMBOL NASDAQ:
HSTX) BETWEEN JANUARY 29, 2007 AND
JULY 30, 2008, INCLUSIVE, INCLUDING
FORMER SHAREHOLDERS OF STRATEX NETWORKS, INC. WHO ACQUIRED SHARES
OF HSTX PURSUANT OR TRACEABLE TO HSTX'S REGISTRATION STATEMENT AND
PROSPECTUS THAT BECAME EFFECTIVE ON JANUARY
8, 2007:
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United
States District Court for the District of Delaware, that a hearing will be held on
September 16, 2011, at 1:00 p.m., before the Honorable Leonard P. Stark
at the United States Courthouse,
J. Caleb Boggs Federal Building, 844 N. King Street, Courtroom 6B,
Wilmington, DE 19801-3556, for the
purpose of determining (1) whether the proposed settlement for the
sum of Eight Million Nine Hundred Thousand Dollars ($8,900,000) in cash should be approved by the
Court as fair, reasonable and adequate; (2) whether, after the
hearing, this Litigation should be dismissed with prejudice
pursuant to the terms and conditions set forth in the Stipulation
of Settlement dated as of May 31,
2011; (3) whether the Plan of Allocation is fair,
reasonable, and adequate and should be approved; and (4) whether
the application of Class Counsel for the payment of attorneys' fees
and reimbursement of expenses incurred in this Litigation should be
approved.
If you acquired the publicly-traded common stock of HSTX between
January 29, 2007 and July 30, 2008, inclusive, your rights may be
affected by the settlement of this Litigation. If you have
not received a detailed Notice of Pendency and Proposed Settlement
of Class Action ("Notice") and a copy of the Proof of Claim and
Release, you should obtain copies by writing to Dutton v. Harris
Stratex Networks, Inc. et al, Claims Administrator, c/o
Analytics, Inc., P.O. Box 2004, Chanhassen, MN 55317-2004 or by visiting
the website of the Claims Administrator at
www.HarrisStratexSecuritiesLitigation.com. The Notice
contains details about this Litigation and settlement, including
what you must do to exclude yourself from the settlement, object to
the terms of the settlement, or file a Proof of Claim. If you
are a Class Member, in order to share in the distribution of the
Net Settlement Fund, you must submit a Proof of Claim and Release
postmarked no later than September 19,
2011 establishing that you are entitled to recovery.
If you desire to be excluded from the Class, you must submit a
Request for Exclusion postmarked by August
26, 2011, in the manner and form explained in the detailed
Notice referred to above. All Members of the Class who have
not timely and validly requested exclusion from the Class will be
bound by any judgment entered in the Litigation pursuant to the
terms and conditions of the Stipulation of Settlement. Your
objection(s) must be mailed on or before August 26, 2011 to: the Court; Kirby McInerney
LLP; and Bingham McCutchen LLP on behalf of the Defendants, at the
following addresses:
COURT:
Office of the Clerk
United States District Court for the District of Delaware
844 N. King Street Unit 18
Wilmington, DE 19801-3570
FOR NAMED PLAINTIFFS:
IRA M. PRESS
KIRBY McINERNEY LLP
825 Third Avenue, 16th Floor
New York, NY 10022
FOR DEFENDANTS:
JOHN D. PERNICK
BINGHAM McCUTCHEN LLP
Three Embarcadero Center
San Francisco, CA 94111
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE
REGARDING THIS NOTICE. If you have any questions about
the settlement, you may contact Class Counsel for Named Plaintiffs
and the Class at the address listed above.
By Order of the Court
United States District Court for the District of Delaware
Web site: http://www.kmllp.com/
http://www.HarrisStratexSecuritiesLitigation.com/
SOURCE Kirby McInerney LLP