Notice Of Class Action And Proposed Settlement (Page 3 of 4) in pdf

hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed

settlement, including the amount of the award to Plaintiff’s counsel of costs and attorney’s fees. The hearing will take

place on March 2, 2004 at 11:00 a.m., before Judge McGann in Room 2508 of the Richard J. Daley Center, 50 W.

Washington, Chicago, Illinois, 60602. YOU ARE NOT OBLIGATED TO ATTEND THIS HEARING UNLESS YOU

PLAN TO OBJECT TO THE SETTLEMENT.

YOUR OPTIONS

If you wish to receive a portion of the settlement proceeds, you must complete and return the proof of claim

form at the end of this notice indicating that you wish to participate in the settlement. The proof of claim form must be

post-marked or received at GILARDI & COMPANY, LLC, P.O. Box 8060, San Rafael, CA 94912-8060 on or before

February 24, 2004. You will be represented by the attorneys for Plaintiff without additional charge. Or, if you prefer,

you may enter your own appearance or ask the Court to allow you to participate in the settlement through your own

attorney. If you wish to participate on your own or through your own attorney, an appearance must be filed with the

Court by February 24, 2004. If you participate through your own attorney, it will be at your expense. Any party who

returns a claim form or otherwise does not exclude his or herself from the settlement, as described below, will be bound

by the settlement agreement and release of claims against the defendant, as approved by the Court.

You have the right to exclude yourself from both the class action and the settlement by filing a written request

for exclusion with the Clerk of the Circuit Court of Cook County, Illinois, Daley Center, 50 W. Washington, Chicago,

Illinois, 60602. The request for exclusion must be received by the Clerk of the Court on or before February 24, 2004,

and must list your name, address, and the name and number of the case. You must also serve copies of the request for

exclusion on each of the attorneys for the plaintiff and for the defendant, at the following addresses by the same date.

Daniel A. Edelman

Bart T. Murphy

Julie Clark

WILDMAN, HARROLD, ALLEN & DIXON

EDELMAN, COMBS & LATTURNER, LLC

2300 Cabot Drive, Ste. 455

120 S. LaSalle Street, 18th Floor

Lisle, IL 60532-3639

Chicago, Illinois 60603

(630) 955-0555

(312) 739-4200

(Attorney for defendant)

(800) 644-4673

Email:

(Attorneys for the plaintiff and the class)

If you object to the settlement, and wish to submit an objection rather than simply exclude yourself from the

class action, you must submit your objection in writing to the Clerk of the Circuit Court of Cook County, Illinois, Daley

Center, 50 W. Washington, Chicago, Illinois, 60602. The objection must be received by the Clerk of the Court on or

before February 24, 2004, and must refer to the name and number of the case. You must also serve copies of your

objection on each of the attorneys for the Plaintiff and for the Defendant listed above by the same date. Any objection

must include your name and address, the name and number of the case, and a statement of the reasons why you believe

that the Court should find that the proposed settlement is not in the best interests of the class. If you do file an objection

and wish it to be considered, you must also appear at the hearing before Judge McGann on March 2, 2004 at 11:00 a.m.

YOU ARE NOT REQUIRED TO ATTEND THIS HEARING UNLESS YOU PLAN TO OBJECT TO THE

SETTLEMENT. Please note that it is not sufficient to simply state that you object. You must state reasons why the

settlement should not be approved.

IMPORTANT: THE COURT REQUIRES THAT ANY REQUESTS FOR EXCLUSION OR OBJECTIONS BE

RECEIVED BY THE CLERK BY FEBRUARY 24, 2004. IF YOU MAIL A REQUEST FOR EXCLUSION OR

OBJECTION, YOU BEAR THE RISK OF THE REQUEST FOR EXCLUSION OR OBJECTION NOT BEING

RECEIVED BY THE CLERK BY THE DEADLINE.

If you choose to exclude yourself from the class action and settlement you will not receive payment under this agreement.

If you remain in the class action but do not return a proof of claim form by February 24, 2004, you will be bound by the

settlement agreement and release but will not receive payment under this agreement. Only those class members who

Notice Of Class Action And Proposed Settlement Page 3

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