Liberator Settlement
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Welcome to the Liberator Settlement Website

This website has been established to provide general information related to the proposed settlement of the consolidated case known as Dan Schmidt, et al. v. Liberator Medical Holdings, Inc., et al., Master File No. A-15-728234-B, pending before the Eighth Judicial District Court for the State of Nevada, Clark County (the "Court"). The Court approved a settlement in the above-captioned action (the “Libratore Settlement”). The Court retained jurisdiction to approve the settlement of a related action pending in the Superior Court of the State of California, County of San Francisco titled Nagel v. JMP Securities LLC, Case No. 567294 (the “California Action”). The capitalized terms used on this website, and not otherwise defined, shall have the same meanings ascribed to them in the JMP Stipulation of Settlement (the "JMP Stipulation") dated February 5, 2020 for the which can be found and downloaded by clicking on the Case Documents tab above. Your rights may be affected by the Settlement if you held and exchanged shares of Liberator Medical Holdings, Inc. ("LMH") common stock for consideration in the acquisition of LMH by C.R. Bard, Inc. ("Bard") for the price of $3.35 per share, which closed on January 21, 2016 (the "Acquisition").

The law firm of Robbins Geller Rudman & Dowd LLP represents you and other Class Members. You will not be charged for these lawyers. They will be paid from the Settlement Fund to the extent the Court approves their application for fees and expenses. If you want to be represented by your own lawyer, you may hire one at your own expense.

WHAT IS THIS LAWSUIT ABOUT?

As described in the Notice of Proposed Settlement of Class Action (the "Notice"), this is a shareholder action seeking monetary damages and alleging that Defendant breached his fiduciary duties in connection with the Acquisition. Defendant denies all of the allegations. The JMP Stipulation has a detailed procedural history of the Litigation.

WHAT DO THE SETTLEMENTS PROVIDE?

On September 30, 2019, the Court granted final approval of the Libratore Settlement, resulting in a cash settlement fund of $4,750,000. The JMP Settlement, if approved, will result in the creation of an additional cash settlement fund of $3,000,000, resulting in a total recovery for the Class of $7,750,000. The Settlement Amount, plus accrued interest (the “Settlement Fund”) and minus the costs of the Notice and all costs associated with the administration of the Settlement, as well as any attorneys’ fees and expenses that may be approved by the Court (the “Net Settlement Fund”), will be distributed to eligible Class Members pursuant to the Plan of Distribution that is described in the Notice.

ADDITIONAL INFORMATION

Although the information in this website is intended to assist you, it does not replace the information contained in the Notice and JMP Stipulation, both of which can be found and downloaded by clicking on the Case Documents tab above. We recommend that you read the Notice and other relevant case documents carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT A PROOF OF CLAIM This is the only way to be eligible to receive a payment. Proofs of Claim must be postmarked or submitted online on or before July 28, 2020.

If you have previously submitted a valid Proof of Claim in connection with the Libratore Settlement, you do not need to submit another Proof of Claim for this Settlement. Please contact the Claims Administrator if you have any questions concerning whether you have previously submitted a valid Proof of Claim.
OBJECT Write to the Court about why you oppose the Settlement, the Plan of Allocation, and/or the request for attorneys’ fees and expenses. You will still be a Member of the Class. Objections must be received by the Court and for the Settling Parties on or before June 22, 2020.
GO TO A HEARING ON JULY 13, 2020 AND FILE A NOTICE OF INTENTION TO APPEAR Ask to speak in Court about the fairness of the Settlement. Requests to speak must be received by the Court and counsel for the Settling Parties on or before June 22, 2020.
DO NOTHING Receive no payment from the Settlement unless you have already submitted a valid Proof of Claim in the Libratore Settlement. Members of the Class who do nothing remain bound by the terms of the Settlement unless you have previously requested exclusion from the Class.

DEADLINES

Submit Claim: July 28, 2020
File Objection: June 22, 2020
Final Approval Hearing: July 13, 2020, at 9:00 a.m.