Rights and Options of Class Members

IX. RIGHTS AND OPTIONS OF CLASS MEMBERS (cont'd from page 3)
Each member of the Purchaser Class and Non-Purchaser Class has the following rights and options:


A. Request Exclusion From the Settlement Class


Any Class Member who does not want to be a member of the Settlement Class must timely and properly complete and submit the Opt-Out enclosed herewith, stating: (1) the Class Member’s name; (2) the Class Member’s address and telephone number; and (3) that the Class Member wishes to be excluded from the Settlement Class. The Opt-Out notice must be sent to the Settlement Administrator and counsel for both Plaintiff and Defendant, via First Class United States Mail postmarked no later than May 31, 2013, and sent to the following addresses:


Counsel For Plaintiffs: Counsel for Defendant: Settlement Administrator:
James P. Gitkin, Esq. Jordan Cohen, Esq. Garden City Group, Inc
Anthony Lagrassa, Esq. Wicker, Smith, O’Hara, 1985 Marcus Ave.
Salpeter Gitkin, LLP McCoy & Ford, P.A. Lake Success, NY 11042
Museum Plaza – Suite 503 Suntrust Center – Suite 1400 ATTN: Natural Cellular
200 S. Andrews Avenue 515 E. Las Olas Blvd. Defense Class Action
Ft. Lauderdale, FL 33301 Ft. Lauderdale, FL 33301


The Opt-Out Form is enclosed herewith. Failure to follow these instructions for requesting exclusion will result in a waiver of the right to be excluded from the Settlement Class.

B. Become a Settlement Class Member


Any Class Member who does not request exclusion from the settlement pursuant to subsection A, above, will become a member of the Settlement Class, bound by the terms of the settlement and this Notice. The Class Members’ interests will be represented by the Court appointed Class Representatives and Class Counsel, James Gitkin, Esq. and Anthony Lagrassa, Esq., who can be contacted at Salpeter Gitkin, LLP, Museum Plaza, Suite 503, 200 S. Andrews Avenue, Ft. Lauderdale, Florida 33301, and Nolan Klein, Esq., who can be contacted at

Law Offices of Nolan Klein, P.A., Harrison Executive Centre, 1930 Harrison Street, Suite 502, Hollywood, Florida 33020.

C. Enter an Appearance in the Action Through Counsel of Your Choice

Class Members may enter an appearance in this action through counsel of their choice.

D. Object to the Settlement

Class Members may object to the settlement by filing a written objection with the Clerk of the United States District Court for the Southern District of Florida, West Palm Beach Division, Paul G. Rogers Federal Building and United States Courthouse, 701 Clematis Street, Room 202, West Palm Beach, Florida 33401. Objections must be filed and served upon the Court no later than August 12, 2013.

In addition, a copy of any objection must be served upon (1) James Gitkin, Esq. and Anthony Lagrassa, Esq., who can be contacted at Salpeter Gitkin, LLP, Museum Plaza, Suite 503, 200 S. Andrews Avenue, Ft. Lauderdale, Florida 33301; and (2) Jordan Cohen, Esq., Wicker, Smith, O’Hara, McCoy & Ford, P.A., Suntrust Center, Suite 1400, 515 E. Las Olas Blvd., Ft. Lauderdale, Florida 33301. Class Members cannot both request exclusion from the Settlement Class and object to the proposed settlement. Only Class Members may object to the settlement. The written objection must include: (1) a notice of the objector’s intention to appear at the Fairness Hearing; (2) a detailed statement of the objector’s objections to any matter before the Court; (3) a detailed statement of all grounds for the objector’s objection, including the factual basis for same; (4) proof of membership in the Settlement Class; (5) all documents, writings or exhibits that the objector desires the Court to consider at the Fairness Hearing; and (6) a reference to docket number 12-CV-80064. Any Class Member who does not make and serve their written objection(s) in the manner prescribed above will be deemed to have waived any objections to the proposed settlement.

X. THE FAIRNESS HEARING

The Court has given its preliminary approval to the proposed settlement, has provisionally certified the Settlement Class, has found that the proposed settlement has apparent merit, has approved this Notice, has approved the appointment of the Class Representatives, and has approved the appointment of Plaintiffs’ Counsel, James Gitkin, Esq., Anthony Lagrassa, Esq., and Nolan Klein, Esq., as Class Counsel, and Jason Mazer, Esq. and Cary Steklof, Esq. as special insurance counsel. The Court will hold a Fairness Hearing in the Courtroom of the Honorable Kenneth L. Ryskamp, United States District Court for the Southern District of Florida, West Palm Beach Division, Courtroom 1, Paul G. Rogers Federal Building and United States Courthouse, 701 Clematis Street, Room 202, West Palm Beach, Florida 33401 commencing on Sept. 11, 2013 at 2 p.m. and continuing for 90 minutes to determine whether, as recommended by
the Class Representatives and Class Counsel, it should confirm the final certification of the
Settlement Class, give final approval to the proposed settlement, direct the consummation of the remaining terms of the Stipulation of Settlement, approve Class Counsel’s request for fee in an amount as set for above, make any other findings, and such other rulings incident thereto as are provided in the Stipulation of Settlement, including, but not limited to executing the proposed
Final Judgment, which will dismiss with prejudice all of the Class Members’ Released Claims against the Release Parties. Attendance at this hearing is not necessary; however, any Class Member wishing to be heard orally in opposition to the proposed settlement must indicate this intention in his or her objection as explained in Section X(D) above. Class Members who support the proposed settlement do not need to appear at the Fairness Hearing or take any other action to indicate their approval.

XI. FURTHER PROCEEDINGS

If the Court does not approve the proposed settlement, the Stipulation of Settlement will be null and void, and the Court will vacate the provisional certification of the Settlement Class, appointment of the Class Representatives and Class Counsel, and the instant action will proceed as though the Settlement Class had never been certified and the appointments had not been made.

XII. OBTAINING A COPY OF THE STIPULATION OF SETTLEMENT

The content of this Notice is only a summary of the terms of the proposed settlement. If you wish to obtain a copy of the Stipulation of Settlement, you may do so by requesting same, in writing, from Salpeter Gitkin, LLP, Museum Plaza, Suite 503, 200 S. Andrews Avenue, Ft. Lauderdale, Florida 33301. Please do not contact the Court. You may seek the advice and guidance of your own attorney if you desire. The pleadings and other records in this Litigation may be examined and copied at any time during the regular office hours of the office of the Clerk of the United States District Court for the Southern District of Florida, West Palm Beach
Division.

SO ORDERED BY THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, WEST PALM BEACH DIVISION, WEST PALM BEACH, FLORIDA.

Dated March 7, 2013 By: Hon. Kenneth L. Ryskamp
(Signature on File)

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