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You must submit the settlement "Proof" form attached below, in order to participate in this settlement. There is a strict deadline of June 5, 2013 by which all claims must be submitted. The instructions for submitting are included in the "Proof" and the "Notice" files attached below for your download. DO NOT SEND THE FORMS TO THE SHAREHOLDERS FOUNDATION, INC.
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To have your information reviewed for options and to receive notifications about this case, please send an email to mail@shareholdersfoundation.com, or call us at (858) 779-1554.
Lawsuit Overview
Settlement Overview
You must register to view and download the Settlement Notice and Settlement Proof.
June 5, 2013 - The court approved the settlement, entered the orders approving the plan of allocation, the motion for attorneys’ fees and expenses, and dismissed the action with prejudice.
February 13, 2013 - The court preliminarily approved the settlement.
February 11, 2013 - Parties filed a stipulation of settlement.
March 30, 2012 - The court denied the defendants' motion to dismiss.
June 1, 2011 - The defendants filed a motion to dismiss.
February 1, 2011 - The lead plaintiff filed an amended complaint.
November 19, 2010 - The lead plaintiff and lead counsel were appointed.
August 9, 2010 - A lead plaintiff motion was filed.
July 22, 2010 - An investor in shares of NBTY Inc (NYSE: NTY) filed a lawsuit in U.S. District Court for the Eastern District of New York against NBTY Inc over alleged violations of Federal Securities Laws between November 9, 2009 and April 26, 2010.
According to the complaint the plaintiff alleges that the defendants breached their fiduciary duty owed to the NBTY Inc shareholders by their attempt to sell NBTY Inc to The Carlyle Group at an inadequate and unfair price following a grossly unfair process.
On July 15, 2010, NBTY Inc announced the execution of a merger agreement under which The Carlyle Group will acquire NBTY Inc in a transaction valued at $3.8 billion. Under the terms of the merger agreement, Carlyle Group will acquire all of the outstanding common shares of NBTY Inc for $55.00 per share in cash. According to NBTY Inc, its board of directors of NBTY Inc has unanimously approved the merger agreement and the offer represents a premium of approximately 57% over NBTY Inc's average closing share price during the 30 trading days ended July 14, 2010. The plaintiff alleges that the $55 per share price significantly undervalues NBTY Inc. Shares of NBTY Inc (NYSE: NTY) traded before the news at $37.80 per share and jumped to its 52weekHigh of $54.08 per share after the announcement. But the plaintiff claims that the $55 price by The Carlyle Group offers “no premium at all when compared to the Company’s worth during prosperous economic times”, when “NBTY’s stock price was at approximately $53.00 per share” in 2007. NBTY Inc was able to increase its Total Revenue of the last three years. NBTY Inc reported in 2007 Total Revenue of $2.01451 billion, in 2008 $2.17947 billion, and in 2009 $2.58195 billion.