In re InfoSpace, Inc. Securities Litigation 01-CV-0913-Final Judgment
Document Sample


Case 2:01-cv-00913-TSZ Document 139 Filed 05/07/2004 Page 1 of 45
1111111 III[ 11111111II 1111111111 IIII1 IIII IIII
1 I1111111Ili IIIII^I 111111 IN 11111111 IN THE HONORABLE THOMAS S. ZILLY
2 O1-('v-0091 3-INFo
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8 UNITED STATES DISTRICT COURT
9 WESTERN DISTRICT OF WASHINGTON
10 AT SEATTLE
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12 In re INFOSPACE, INC. SECURITIES Master File, No. C-01-0913-Z
LITIGATION
13 CLASS ACTION
14 This Document Relates To: [PR$PO&SD ] FINAL JUDGMENT AND
OR-DER OF DISMISSAL WITH PREJUDICE
15 ALL ACTIONS.
NOTE ON MOTION CALENDAR:
16 Friday, May 7, 2004 at 1:1 S p.m.
ORAL ARGUMENT REQUEST ED
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ORIG I NAL
[PROPOSED] FINAL JUDGMENT AND ORDER Milberg Weirs F3ersha4 I•lynie$ & L rac h LLP
OF DISMISSAL WITH PREJUDICE (C.-0I-0911-L) 401 B Strest , Suite 1700
San Diego , CA 92101
Telephone : 61923 1-1 [158' Fax: 619/231-7423
Case 2 : 01-cv-00913-TSZ Document 139 Filed 05/07/2004 Page 2 of 45
1 This matter came before the Court for hearing pursuant to the Order of this Court, dated
2 February 17, 2004, on the application of the parties for approval of the Settlement set forth in the
3 Stipulation of Settlement dated as of October 21, 2003 (the "Stipulation ) . Due and adequate notice
4 having been given to the class as required in said Order, and the Court having considered all papers
5 filed and proceedings had herein and otherwise being fully informed in the premises and good cause
5 appearing therefore, IT IS HEREBY ORDERED , ADJUDGED AND DECREED that:
7 1. This Judgment incorporates by reference the definitions in the Stipulation , and all
8 terms used herein shall have the some meanings as set forth in the Stipulation.
9 2. -1-his Court ha.s j uri sdi cli on over the subject matter ofthe Action and over all parties to
10 the Action, including all Settlement Class Members.
11 3. Pursuant to Federal Rule of Civil Procedure 23, this Court h ereby approves the
12 Settlement set forth in the Stipulation and finds that said Settlement is, in all respects, fair, just,
13 reasonable and adequate to the Settlement Class.
14 4. Fxcept as to any individual claim of those Persons (identified in Exhibit 1 attached
15 hereto) who have validly and timely requested exclusion from the Settlement Class, the Action and
16 all claims included therein, as well as all of the Released Claims are dismissed with prejudice as to
17 the Lead Plaintiffs and the other Members of the Settlement Class, and as against each and all of the
18 Released Persons . The Parties are to bear their own costs, except as otherwise provided in the
19 Stipulation.
20 5. The Court finds that the Stipulation and Settlement contained therein is fair,
21 reasonable and adequate as to each of the Settling Parties, and that the Stipulation and Settlement
22 contained therein i s hereby finally approved in all respects . The Settling Parties are hereby directed
23 to perform its Terms.
24 6. Upon the Effective Date hereof, the Lead Plaintiffs and each of the Settlement Class
25 Members shall be deemed to have , and by operation of this Judgment shall have , fully, finally, and
26 forever released, relinquished and discharged all Released Claims against each and all of the
[PROPOSED] FINAL JUDGMENT AND ORDER Milberg Weiss aershad Hynes & Lerach LLP
OF DISMISSAL W1TII ]PREJUDICE (C-01-0913 -Z) - 1 - 401 E3 Street , Suite 1700
San Diego , CA 92101
Telephone ; 5191231-1058 * Fax; 619/231-7423
-Case 2:01-cv-00913-TSZ Document 139 Filed 05/07/2004 Page 3 of 45
1 Released Persons, whether or not such Settlement Class Member executes and delivers the Proof of
2 Claim and Release, and the Action shall be dismissed with prejudice.
3 7, All Settlement Class Members arc hereby forever barred and enjoined from
4 prosecuting the Released Claims against the Released Persons.
5 8. Upon the Effective Date hereof, each of the Released Persons shall be deemed to
6 have, and by operation of this judgment shall have, fully, finally, and forever released, relinquished
7 and discharged each and all of the Settlement Class Members and counsel for the Lead Plaintiffs
8 from all claims (including Unknown Claims), arising out of, relating to, or in connection with the
9 institution, prosecution, assertion, settlement or resolution of the Action.
to 9, Noihttig izl this Judgment shall operate as a release by Naveen Jain or, and Naveen
11 Jain does not release, InfoSpace, from any and all claims, demands, obligations, promises, causes of
12 action of any kind or nature at law or in equity, or liabilities of any nature whatsoever, known or
13 unknown, direct or indirect on account of or arising out of or related to any acts or omissions of
14 InfoSpace, including but not limited to all claims that Jain has asserted in]Vriveen andAnuradha Jain
15 v. Clarendon America Insurance Company, e/ at, Case No. C03-2897 P (W.D. Wash. at Seattle);
16 IVinveen and Anatadh.a fain v. Infaspace. Inc., No. C03-2897 P (W.D. Wash. at $cattlc); and
17 InfoSpace v. Naveen Jain, Kevin Marcus and Intelius, No. 03-2-19875-7SEA (King County Superior
1S Court), and this Judgment is without prejudice to any and all such claims. Nothing in this Judgment
19 shall operate as a release by InfoSpace of, and InfoSpace does not release, any person or entity
20 (including, but not limited to, the other Settling Defendants) from any claims under § 16(b) of the
21 Securities Exchange Act of 1934, or any claims, known or unknown, brought by or on behalf of
22 InfoSpace in any other action, or which could be brought by or on behalf of InfoSpace in any such
23 action, including but not limited to any claims relating in any way whatsoever to the facts which are
24 or could be alleged in IfifoSpace v. Naveen Jain, Kevin Marcus and fntelius, No. 03 -2-1 9875-7SEA
25 (bins County Superior Court), Dreiling v. fain, et at, Case No. CO1-1528 (W.D. Wash. at Seattle),
26 Dreiling v. Jain, e1 al., No. 01-2-08155-lSEA (King County Superior Court), and Dre ding v.
[PROPOSED] FINAL JUDGMENT AND ORDER Mi1bcre Weiss Bcrshad Hynes &. Lerach LLP
OF DISMISSAL WITH PREJUDICE (C:-O1-0913-Z) _ 401 B Street, Suire 1700
- fan Diego, CA 92101
Te1ephvnc; 619/231-1058 *Fax: 6191231-7423
Case 2:01-cv-00913-TSZ Document 139 Filed 05/07/2004 Page 4 of 45
1 American Express Company, No. C03-3740Z (W.D. Wash. at Seattle), and this Judgment is made
2 without prejudice to any and all such claims. Nothing in this Stipulation shall operate as a release by
3 Tammy Halstead of, and Tammy Halstead does not release, InfoSpace from any and all claims,
4 demands, obligations, promises, causes ofaction of any kind or nature at law or in equity, or
5 liabilities of any nature whatsoever, known or unknown, director indirect on account of or arising
6 I out of yr related to any acts or omissions of InfoSpace, other than any claims expressly waived in the
7 April 2003 Separation Agreement entered into by lnfoSpace and Tammy Halstead.
8 10. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, the Court hereby
9 I certifies , for purposes of effectuating this Settlement, a Settlement Class of all Persons or entities
10 who purchased acquired TnfoSpace securities during the period beginning on January 26, 2000
11 through and including January 30, 2001. Excluded from the Settlement Class are the Settling
12 Defendants, Merrill Lyaich & Co., Henry Blodgett, members of the immediate family of each ofthe
'13 Individual defendants, any entity in which any Settling Defendant, Merrill Lynch & Co. or Henry
14 Blodgett has a controlling interest and the legal representatives, officers, director, heirs, successors,
15 or assigns of any such excluded party. Also excluded from the Settlement Class are those Persons
16 who timely filed a Request for Exclusion pursuant to the Notice of Pendency and Proposed
17 Settlement of Class Action sent to Settlement Class Members and the Order Preliminarily Approving
18 Settlement and Providing for Notice.
19 11. With respect to the Settlement Class , this Court finds that (a) the Members of the
20 I Settlement Class are so numerous that joinder of all Settlement Class Members in the litigation is
21 impracticable; (b) there are questions of law and fact common to the Settlement Class which
22 predominate over any individual questions; (c) the claims of the Lead Plaintiffs are typical of the
23 claims of the Settlement Class; (d) the Lead Plaintiffs and their counsel have fairly and adequately
24 represented and protected the interests of all of the Settlement Class Members; and (c) a class action
25 is superior to other available methods for the fair and efficient adjudication of the controversy,
26 considering: (i) the interests of the Members of the Settlement Class in individually controlling the
[PROPOSED] FINAL JUDGMEN'T' AND ORDER Milberg Weiss Bershsd Hynes & Lerach LLP
OF DISMISSAL WITII P11i JUUICE (C-01-0913-Z) 401 B Street, Suite 1700
-3- San Diego, CA 92101
Telephone : (,19/231-1 O5$ * FaK: 6191731-7423
Case 2:01-cv-00913-TSZ Document 139 Filed 05/07/2004 Page 5 of 45
prosecution of the separate actions; (ii) the extent and nature of any litigation concerning the
2 I controversy already commenced by Members of the Settlement Class: (iii) the desirability or
3 undesirability of continuing the litigation of these claims in this particular forum; and (iv) the
4 difficulties likely to be encountered in the management of the class action.
5 12. The Notice of Pendency and Proposed Settlement of Class Action given to the
6 Settlement Class was the best notice practicable undor the iixcuinstance$, including the individual
7 notice to all Members of the Settlement Class who could be identified through reasonable effort.
S The Notice provided the best notice practicable under the circumstances ofthose proceeding nd of
9 the matters set forth therein, including the proposed settlement set forth in the Stipulation, to all
10 Persons entitled to such notice, and the Notice fully satisfied the requirements Federal Rule of
11 Civil Procedure 23 and the requirements of due process.
12 13. Any plan of allocation submitted by Plaintiffs' Settlement Counsel or any order
13 entered regarding the attorneys' fees application shall in no way disturb or affect this Judgment and
14 shall be considered separately from this Judgment.
15 14. Neither the Stipulation nor the Settlement contained therein, nor any act performed or
16 document executed pursuant to or in furtherance of the Stipulation or the Settlement: (i) is or maybe
1.7 deemed to be or maybe used as an admission of, or evidence of, the validity of any Released Claim,
is or of any wrongdoing or liability of the Settling Defendants, or (ii) is or may be deemed to be or may
19 be used as an admission ofr or evidence of, any fault or omission of any of the Settling Defendants in
20 any civil, criminal or administrative proceeding in any court, administrative agency or other tribunal.
21 Settling Defendants may Ric the Stipulation and/or the Judgment from this action in any other action
22 that may be brought against them in order to support a defense or counterclaim based on principles
23 of re4judica , collateral estoppel, release, good Caith settlement, judgment bar or reduction or any
74 theory of claim preclusion or issue preclusion or similar defense or counterclaim.
25 15. Without affecting the finality of this Judgment in any way, this Court hereby retains
26 I continuing jurisdiction over ( a) implementing this Settlement and any award or distribution or the
`PROPOSED ] FINAL JUDGMENT AND ORDER Milberg Weiss Bershad Hynes & Lerach LLP
OF DISMISSAL WITH PREJUDICE (C-OI-0913 -Z) 401 B Sired,, Suite 17[]0
-4- SanDicga ,CA92101
Telephone- 6 19/231 -1058 * Fax - 619/231-7423
Case 2:01-cv-00913-TSZ Document 139 Filed 05/07/2004 Page 6 of 45
1 Settlement Fund, including interest earned thereon; (b) disposition of the Settlement Fund;
2 (e) hearing and determi ning applications for attorneys' fees, interest and reimbursement ofexpenses
3 in the Action; and (d) all parties hereto for the purpose of construing, enforcing and administering
4 the Stipulation.
5 16. The Court finds that during the course of the Action, the Settling Parties and their
6 respective counsel at all tinnes complied with the requirements of Federal Rule of Civil p rocedure
7 11.
8 17. In the event that the Settlement does not become effective in accordance with the
9 terms of the Stipulation or in the event that the Settlement Fund, or any portion thereof, is returned to
10 the Settling Defendants, then this Judgment shall be rendered null and void to the extent provided by
11 and in accordance with the Stipulation and shall be vacated and, in such event, all orders entered and
12 releases delivered in connection herewith shall be null and void to the extent provided by and in
13 accordance with the Stipulation.
14 IT IS SO ORDERED.
15 DATED : 1
THE HONORABLE 'THOMAS S. LY
16 UNITED STATES DISTRICT JUDGE
^ 5:^5et^lemenLllnkr5paee .se<<LEd10IX1338^.duc:
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[PRD] FINAL JUDGMENT AND ORDER Milberg Weis B ersh l Hynes & Lerich LLP
OF DISMISSAL WITFI PREIUDTCE (C-O1-0913-Z) - 5 - 401 B Street, Suite 1700
San Diego, CA 92101
Te1ephone : 619/231.1 058 *Fax., 619/231.7423
Case 2:01-cv-00913-TSZ Document 139 Filed 05/07/2004 Page 7 of 45
EXHIBIT 1
arx ub-u4 ' base 61 cv-00913-TSZ Document 139 FA^eP05/07/2004 Page 8 'of 45 P 02/21
^ + ^^err APR.- 5 2004
a/ A-le A tept df dom.
47 CLAIMS CZNTER
A+j d.AlKA041 CA 9492Z
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when 1t falsi[y was revealed, caused the stock price to drop. aul Lead Plaintif'fs' Counsel believe that the Settling Defendants would havahighlighted that
InhSpace stock increased in pries during the We 1990s"doLeam'-sactor market bubble and then crashed a[ong with the rest of its peer group, Lead
P1airitf c unsel further antfcipaled that the Sett<Ing t3efendanls would have presented an eoncmlc model that could have been persuasive at trial that the
In Space stock drop followed this market tr ltd, which Would haV€ diminished or eliminated atlogethar Lead Plaintiffs claims for damsges.
Also Weighing was the impact of federal legislation, La,, the PSLRA, whic unposed aTgnificant burdens on the prosecution of the Lead Plalntif& dolma
against the defendants. Tha PSLR4requres Iead plaintiffs to allege in detail circumstancea demonstrating the falsity of the alleged misrepresentations and That
the defendants knew orwere dallberetefy reckless not to know this falsity, and provides that lead plaintiffs can ot fain witness testimony and relevant docume nts
unless and until a court rules that lead plaintiffs have pled these and other matters sufficiently to stale a viable claim.
Mindful of these difficulties, counsel for the Lead Plaintiffs believe that the setliement set forth in this Stipulation confers substantial benefils upon the
r5etUJement Class. Based an their evaluation. Gaunset for ;lye Lead Plaintiffs have determined that the settlement set forth In the Stipuratian is In The best
iniefests of the Leaq PIainUfs and the 5cltIernant Glass.
V. SETTLING DEFENDANTS' STATEMENT AND DENIALS OF WRONGDOING AND liABILITY
The Settling Defendants have denied and continue to deny each and all of the daims and Contentions alleged by the Lead Plat niltfs in the Action. The
gutting Defendants expressly have denied and aanlirue to deny all charges of wrongdoing or liability against thorn arising out of any of the conduct.
statements, acts or omi6aions alleged, or that could have been alleged, in the Action. The Settling Defend epks believe that all allegations of misconduct seI
forth In the Action, including ac punting end rcrecasting allegations, are without merit and that the gaoling DeFendants in fact acted properly in all respects.
The Satirng 0elendanta alca have denied and continue to deny, infer a!?a, the allegations that the Lead Plaintiffs er the SeWement Class have suffered
damage, that tha price of InfoSpace securities was artificially inflated by reasons of the aIlegad misrepresent Gans, nan•diselosuras or otherwise, or lhatthe
Lead PIaln>Iif'a or thin SeWarn ent Class were harmed by the conduct alleged In the Action. The Sett{irt Defendants further believed that they 0ad a potentially
meritorious motion to dismiss, and would have sought to terminate the claims against them on multiple grounds, including, but not limited to. [allure to satisfy
applicable nequIramants for pleading accounting fraud, false forecasting, or any athef form of securities fraud.
None less, iha settling oeferldants have concluded that further conduct of the Action would be pnotracled and expensive, and that It is dosireble tat
the Acilon be fully and finally satiled to the manner and Upon the terms and condldvn3 set forth in the Stipulalion. The Settling Defendants have also taken into
account the uncertainty and risks inherent in anyliligaton, especially In complex cases like this Action, The Settling Defendants have, therefore, determined
]hat it Is desirable and benericial In thorn that the Action be setded In the manner and upon the terms end amditiflna se( forth in the Stipu10don.
V. TERMS OF THE PROPOSED SETTLEMENT
The Betting Defendant' insurance carriers will pay or Cause to ba paid into an interest bearing account, pursuant to the terms of the Stipulation of
-Scillemerj dated g^s of Oetoraee 21, 2003 (the `Stipulation"), cash in the amount of S34.3 rnillion.
A portion of the saltiement proceeds will be used fqr certain administrative expanses, Including coals Of prlnlinp and mailing this Notice, Inc cost of
publishing a newspaper notice, paymentof any taxes assessed against the Settlement Fund and costs associated with the processing of claims submitted. In
addition. as explained below, a portion of tree Settlement Fund may be awarded by the Court to Plaintiffs' Settferner.t Counsel as attorneys' fees and for
reimbursement of out-af-pocket expenses. The balance of the Settlement Fund (the "Net Settlement Fund) will be dlstrlputed according to the Plan of
-Allocation described to Settlement Class Members who submit valid and timely Proof of Clatm forms.
VII. THE RIGHTS OF SETTLEMENT CLASS MEMBERS
If you are a Se19Earnant Class Member, you may receive the benefit of, and you will be bound by, the terms of the proposed settlement de:,nribed in
BecUnn V1 of this Noti , upon Its approval by the Court.
It you are a Settlement Class Member, you have the following options:
1. You moy fIo a Proof of Claim as described below. If you choose this option , you will remain a Salpem a nt Class Member, you will share In the
protteds ar the PFopused settlement if yours eim is tirnely and valid and if the proposed setllemen l is finally appravad by the Cow t, and you will be bound by
the Judgment and release described below.
351"Y"o-u do nelwish rv 6e^mcluded in the Settlement Class and you do not wish to particcpal ln'thepropas*d settlement daecrltied In this Notice you
may requ r at be excluded , Ta d^ s4. you must so stale in writing ii later than April 22, 2004. You most $at foul: 0a) your name, address and telephone
number; toy a numberand type of infflSpace seoirrities you purchased or acquired and sold during the Settlement Class Period and the dales and prices of
$Uc}1 purcl,asee of arquisiidants ] andlcr Sa ks}; end (c) that you wish ta be excluded from the Settlement Class. The exclusion request rKequpst fir
Exdvslcn'shdutd be addressed as follows:
rrfoSpece Securities r:ffllsOon
Claims Administrator
c/o Giierdl & Co, LLC
P.D. Box 8040
San Rafael . CA 94912.8040
NO REQUEST ' l=UFt F-XCLUSIOh1 WILL EE CONSIDERED VALID 1JNLt;SS ALLOFT1-I INFORMATION DESCRIBED ABOVE IS INCi. Ely IN ANY SUCII
RESUEST.
If you Validly request exclusion /rpm the Settlement Class, (a) you will be excluded from the Settlement class, (b) you will not shareln the proceeds of the
rnant described herein. (c) you will not be bound by any judgment entered in the Action , and (d) you will not be precluded, by reason of yourdedsion to
"""-U'- U" dN9e : 00913-TSZ Document 139 FF[ dI/07/2004 Page 10 of 45 P. 04/21
- UNITED STATES DISTRICT COURT --
WE5TERN 1ISTRICT OI WASHINGTON
AT SEATTLE
In re INFOSFACE, INC. SECURITIES f Master File No.
This Du umerlt Ri^lstas To: )
CLASS ACTION
ALL CTIONG.
NOTICE OF PENDENCY AND PROPO5Ed SETTLEMENT OF CLAS$ ACT141V
TQ; ALL PLRSQMS ENTITIES WHO PIJRCHA$ED OR ACQUiREb INFOSPACE, INC. ("FNFOSFAC:') St;CUFtlTIES DURING THE PERIOD
BEC NN1NC ON JANUARY 26, 2000 THROUGH AND INCLIJpING JANUARY 30, 2001, ALSO INCLUDED ARE FORMER SH - OLZ R3 OF
Gv2NET CORP. WHO ACQUIRED INFOSF ACC STOCF IN IMFGSPACE'S OCTOBER 12, 2000 PuRCKA5E QF GO2NET
Please read this Notice carefully and in its entirety. Your rights may he aFfettad by pr4eeed'+nas In this AeIJon, Pleas* pate that If you are a
SetfiemerttClasi Marn bur, you may be edtitlad to share In the proceeds n the Settlement described in this Notice. To claim your shale of this fund,
you must submit a valid Proof of Crain postmarked on or before July 1$, 204_ ,
This Notre hag been serfs la you pursuant to RuIe 23 of the Federal Rules of C10 Procedure and an Order of the United 5taWs District Ccun for the
Western Dislrrctaf Washington at Seattle (the 'Ccurr). The purpose or dils Notice is to inform you of the pendency and prepared cattlemen) of this class
ctian litigalian and of the hearing to be held by the Court to consider the Fairness, reasonableness, and adequacy of the Settlement, This Notice is not
intended to be, and should not be construed as, an expression at any opinion by the Court with respect to the truth of the allegations In the litigation pr the
merits of the claims or defenses asserted. This Notice describes the tights you may have in connection with the Settlement and what steps you may take in
totation to the Settlement and this dam action t[tlgardn.
Theproposed settlan t aeetez a fund in the amount of 534,000.00 in cast, (Ole "Settlement Fund') and will include inlerestthat accrues on the ftmd priorto
dIs ibutfon. Your r c vny from this fund will depend on a number at variables, including the number of shares of inI Space wrurilm you purdtiased durtN the period
beginnlny on January 26, 2000 through January 30, 2001, and the Giving of your purchases and any sales, Depending on the number of ellglble snares purchased by
Sateernent Lae Members who elec{ o partitlpate in ft Settlement and whim !hose shares were purchased and sold. the eedma led average ruse sryper share will
be appro imat&y 30.19 before deduclion of Court-approved fees and expenses.
Lead PidrA Ys and Setting Defendants do notagrec on the everagQ amount of damages per share that would be recoverable if the Lead PIRIr<Ilffs were to
have preValfed an cash claim alleged. The isaees an which the parties disagree include: (1) the appropriate ecnnpmic model for delermihing the amountby which
tnbSpacesenurikieu were allegedly artificially intlatGd (if at a11) during the Settlement Class Period; t2) the amount by which lnF.Space securities were allegedly
artlfrctallyinflased (if at ally during Lie Seltlemenl Class Fecfod; (3) the effoctof variau8 market forces influencing the trading price of InfoSpace securities at various
tirsa?8 4uring the Settlement Grass Period; (4) the cxtont W which 4 denial factors, such ae g$m?ral market and industry conditions. irtiuenced the trading price of
to pace seduriGes at vanuus times during the Settlement Clasr. Period; (5) the extent is Which the various maklers that Lead Plaintiffs alleged were materially
false ormisleading tnffuectced (if at ally the trading price of InfcSpace €ecurtties at various times during the Sehlernerit Class Period; (8) ,his extent to which the
v rlous allegedly adverse rnatedat facts that Lead Plaintiffs alleged were amirted influenced (if at all) the trading price of InfoSpace secrrftes at various limes
during Inc SeWemenlClass Period; and (7) whether the statements mad or rues allegedly omitted were rrtaleral. false. misleading orolherwise actionable under
ft securities taws.
The Lead Plaintiffs believe that the proposed settlement is a good recovery and is In the best interests of the Settlement Class . Eeaause of the risks
assoel0led with con tinuing to litigate and proceeding to trial, there was a danger that plainaIts would not have prevaited an their claims , In which case rho
&Wsrnent Class Gould receive nothing, The amount of damages recoverable py the Wtlement O[ase wau and is challenged by the Settling Darendante.
Recoverable damages in this ease are limited to losses caused by conduct actionable under applicable law and, had the Action gone to lriai,
Settling
De fen dants almost cetteinly would have asserted alas all of the tossas ul ^etilernenI, Class Members were caused by non-ectionehle market , Industry
or
general er pomii: factors . It is also likely the 5et1l(ng Deteridanls would a130 assert that throughout the sctliarent Class Period the uncertaintles and
risks
associate d with the purchase of Inrospace seeur'1taeg Were rutty and adequately disclosed,
Plaintiitfs' Settlerneat Counsel have not re` ived any payment for their 9ervicas In conducting this Action an beh*tf of the t,eM Psafnlilfs and the Members
ofVia Set enI Class , nor have they bean reimbursed for their substantial out-of-pocke t expenditures . It the Settlement isopproved by the Court.
Plaintiffs'
Settlement Coun s el gill apply to the Court for attorneys ' fees o125% of the Settlement Fund after deduG ion oI mart awarded expenses . Cr appr Xltnate[y
SBA5 million in cash. and reirnbursementof out-af-pocket expenses nat to exceed $ 500.000 to be paid from the Settlement FurW. IFtheamountrequested Is
approved by the Court. the average cost per share will be less than $0.05.
For further 1ntarmatian regarding this settlement you may contacL Rick Nelson , Milberg Weiss l ershad Hynes & Lereth I,LP. 401 8 Street, Suite
Sari Diego, California 92101 , Tnlephvnc : 619/231 - 1060; &tave W. Berman, Hegenc Berman LLP,1301 Fifth Avenue, S uite 1700,
2900. Seattle, Washirlgtan981 j,
Tcleplwne . 206(523-7222, or Michael A. Yarnoff, Schiffrin $ Parrow@y, LLD, Three Bala Plaza t:Aat Suite A00, Sala Cynwyd, Pennsylvania
1904 , Telephone:
610457-7706,
L NOTICE OF HEARING cti 1790POSED SETTLEMENT
A zvtllemant hearing will be held on May 7, 2004, at 1:15 p.rn.. before the Honorable
Thomas S. Zilly, United States District Judge, Western District of
Wash glen, William Kenna Nakamura U.S. Courlhause,1010 Fifth Avenue, Seattle. Washington ([he "Setlrement
Clearing). The purpose of the Settlement
nri-uo-U4 1 ut u :4U fi!7 Fp
Case 2 : 01-cv-00913 -TSZ Document 139 filed %/07/2004 Page 11 of 45. F 05/21
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Mrtt-iD--U41 QM0J9tQJ-aA-00913-TSZ Document 139 PWN05/07/2004 Page 13 of 45 P. 07/21
Foftn
VWVAp,al20ap No#ice Concerning Fiduciary Relationship QINSNick 1544.0913
' ,m'rt^a nf of Tn^sury (internal Revenue code sections 6036 and GOB)
agr^l my of . serer.
Patt'1° ! 11denti € c t1ori
*JAM. .l p„"e, fo r when you are amino 4u 51+ 8-0 do im let Me tvft'7 1d. ed^rlee na- s r ' i cuiIrj s4.
ESTATE of W11HELMINA E S NSON 33-6329774
299 LOUISA MOT ET
1ARIGLEY, WA 98260
Fiduc irY ' e nvrea snd Addrrss
$, 17 VII MNSON
299 LL7UISA STREET
I,ANMEY, WA 58260
I AEJ^iori [y for fi dory rel3nar1anlp . Cnaek tippticatrie pax:
a (1) X MII and.adrtIFF$ or court orderappointfng fiduddary ........ .... ... ....... . (2) Data of ddath... ..... , 1i ^13z 00
V, i1) toutt arbor ep wJn iintj ilduirfl+}r ....... .. ................................ . t2} Dare (cca tnMvuces4nsy• .. _ , _ _ .. _ _ ..
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R CC i ' 3i Notices
Send to the fidudi ry listed in fart i all notices and other wrriri~n communications invowing m' Tallovnr tox matters;
2 Type of tax (estate , gitz, 9aner4110n transrer, In ram a, CXCL e, erc). , I- IJJpe
3 Federal tax fart nLrnberpai3, 1040, 1041, 11ZQ. etc),. r X_Oi1____----_----____--.---_--___-.W_-_--,_
4 Year(or periodjs if Wake tax, date of death) . W- 5/3112-003
Revvcall on ar To rmi nati arl or Nat€ce
Section A -- `total Revocation or
5 Check this box It you are revn vn4 or term Ml rig 2 11 pra4r hdtice s ts7Ar.4rltii ng flduclary rt latidnshrps on file w; In the Internal Fever ue
SelwCe for the same tax matters and years or perrods oov red by this* notj" Cdhcern rig llduciary r9labonship..
Reason for termir tion of fiduciary relationship. Cheek applicable box,.
a Cglurt ar4 r oIc rsg i1CNr.(ty authority
b certificate of dissO1Ution or torrninatlon of a business entity
c N Other. Deli 1be I"
6a Cheek this box if you are revoking earlier notices concerning fiduciary relolibnshlpr. an Me with the In%rnal Revenue Service for the
$ortte tax matters and years or periods covered by ibis notice concerning fiduciary reiationshii ... .................... .
b Specify to Whom 9rfirlted, date, and Bdress, Ir cR.id!rig ZIP code.
P"
Sec fen C - Subst LJte 7 ucia
7 Ther_k trigs bat it sa naew fiduciary or fiduoitries ha' been ar wIi ba aubstitut*d to the staking or termEri l ng ffduciary(?ae) and
Peafy the name (s) and address (es), Incttrdinq LIP code(s), aI the now fiducialryges^ - - • .... - - - - .... • - - - • .. - - ........ _ _ . .. u
1}siwF r^.4 t nrn-t anti At3mh,igtra7iye Prnr_nedinns
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laAA For Papa IRardUctlan ail and Frivady Act Not cc. Sea [nt lrttctlans. FIbaIe L oeroo, i Form 90 (Rev 44X2
'H-0t5-U4 ' sR!f1*-00913-TSZ Document 139 FF ?J%5/07/2004 Page 14 of 45 P. 08/21
when the falsity wat revealed, caused the stock price to drop. But Lead Plaintiffs` Counsel believe that the Settling Defendants would have highlighted that
tntoS,pace stadt increased In pride during the tale 19905' 'dot.com".sector market bubble and then crashed afan0 wilh the resj of h peat group. Lead
Plafntiflg'counsel further ank1dpa[ad That the Se10inp Defendants would have presented an economic mad 01 that could have been persuasive at trial that the
Info Spam slack drop folfowsd this market trend. whiCh would have diminished or eliminated altogether Lead PlalnUIs clairnt for damages,
AlsowelgbiFto was the impact of federal legislator, i.e., the PKRA, which imposed s^niticant burdens an the prosecution of the Lead Ftaintif s' claims
aq*st ft de%ndants. The PSLRA requires Lead plainUffs to allege, 1&i derma creumstance5 demanutratinq the falsity of the at[eged and That,
the defenga1ts tcnew or1M6re deliberately reckless not to know this Falsity. and pmWes that lead plaintiffs cannot obtain witness testimony and documents
unJaSS and until a coun rules that lead plaintiffs have pled these and other matters suffiidently to state a viable claim.
Mindful of these diilculties, counsel ter the Lead Plaintiffs believe that the settlement set forth 1rl this Stipulation confers substantial benefits upon the
Settlement Class, !assd an their evaluation, counsel for the Lead PIainlilfs have determined that the settlement. set forth in Iha Stipulation Is In the best
interests iI the Lead Plaintiffs and the Settlement Class,
V. SI~t`TLJNG DEFENDANTS' STATEMENT AND DENIALC OV WRONGVdI1G AND LIABILITY
The Seining Defendants have denied and continue to deny each and all of the claims and contentions aflaged by the Lead plainliifs in the Action. The
Settling Defendants ea ressly have denied and cantlnue to deny all charges of wrongdoing or liability against them arising out of any of the conduct,
statements, acts or p missicns alleged , or that could have been alleged, In the Action . The Selthinq IDerendants believe that all allegations of misconduct set
forth in the Action, including accounting acid foreoesting allegations , are withou t merit and that the Sniffing Defendants in fact acted properly in 811 respecks,
The Settling Defendants also have denied arld continue to deny, !rater alia, the aiiegativns that the Lead Plaintiffs or the Settlement Class have suffered
damage. that the price atlnfospace securities was artificially Inflated by reasons of the alloyed misrepresentations , nor(-disclosures or otherwise, or that the
Lead FIainlJ fsnr the SeWement Glass were harmed by the conduct alleged I n the Action - The Settlfrtg Defendants further believed that they had a potentially
merllonnus motion to dismiss , and would have sought to terminate the claims against them on multiple grounds , induding , but not limited to, Eailuram satisfy
applicable requlremenls for pfaading aceoun[Irtig fraud, false forecasting, or any olhsr form of securities fraud.
Nonetheless , the Settling defendants have concluded that FUrtharconduct of the Action would be protracted and expensive, and that it is desirable that
the Action be Drily and finally settled in the m anner and upon the terms and condf Ndns set forth in the Stipulation . The Settling Defendants have also taken into
account the uncertainty and risks Inherent in any 11119alion , especially in complex cases like this Mon . The Settling Defendants have, therefore , determined
that it is desirable and beneficlal to them that the Anion be teed in the manner and upgn the terms and conditions set forth in the Sliputal;ion.
VI, TERWI3 QF THE FROP03ED Bt=TTL MENT
The Settling Defendants' insurance carriers will pay or cause to be paid into an Interest bearing account , pursuant to the terms of the Slipulatlen of
iei ement dated as of OCtober 21, 2003 ( the 'Stipulation '), cash in the a mount of $341 million.
A pcr^inn of tna cnittement proceeds will be used for certain administrative expenses , Including costs of printing and mailing this Malice, the cast of
pub'ishing ariewspaper notice , payment of any taxes assessed apaipstlhe 5c^ttlemsnt Fund and costs associated with the processing of claims submitted, In
addition, as explained below, t porti on of Lhs Settlement Fund may be awarded by the Court to Plaintiffs' Settlement Coun$el as attorneys ` fees and tar
reimhurssment of out ! pocket e pansse . The balanea of the Settlement pund (the 'Not Settlement Fund") will be distributed accar ding to the Plan of
Wacation described below to SetUern ent Cass MemberC who submit valid and timely Proof of Claim forms.
VII. THE RJGHT$ OF SEtTLEMENT GLASS MEMBERS
6Yytuti area Settlarnent Class Member, you may receive the henefui of, and you will be bound by, 1ha terms of the proposed settlement described in
Section V1 of this Nadce . upon its approval by the Geurt.
If you area Settlement Class Member, you have the following options:
't. You may file a Froof of Clnlm as described below . If you choose this option , you will remain a Settlement Class Member, you vrlil share in the
proceeds of the proposed set ement ifyour claim is timely and valid and if the proposed settfdmenI! is finally approved by the Court, and you will be bound by
the dudgrrtent and release described Wow.
J do not wish to teaIncluded in the Settlement Class and you do not wish I.o parted old n theproposed seltlemani descnibed in this Notica you
'yn
may request to be excluded. To do so , you must so stale in writing no later than April 22, 2004. You muet se t Fort>7; (a) your name, address and telephone
nuniher, (b) e number and type of inloSpece securities you purchased or acquired and cold during the iottlsmcnt Glass Pariod and the dates and prices a(•
such purchas es or =quislUon(s ) andlor sale(s), and (c) that you wish to be excluded from lie Se ttlement Class. The exciuslon request ('Request far
Helen) should be addrga: d as follows'
h0(o Space 3 ;unties Liliga#lan
Claims Administrator
r(o Gilerdi & Co. t_E_C
P,Q,t34x 8040
an Rafael , CA $4912-8040
14 0TZEMESTFOR EXCLUSION WILL BE CONSLDERimDVALID UNLESS ALLCFTIIE INFORMATION DESCRiBEDABOVE IS INMUDED IN ANY SUCH
REQUEST.
Ffy.v lldty requ' est+kctuaiarn From the Seltlernent Clasp , (a) you will be excluded from the settlement foss, (b) you will notahan~ in the proedsofthe
Settlementdescribed herein, ( c) you will not fbe bound by any judgment entered in theAcdan, and (d) you will not b* precluded , by reason of yowrdsciSion to
CaseZ'd 9-00913-TSZ Document 139 I d /07/2004 Page 15 of 45 F. 08/21
_^...._ UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
At SEATTLE
In re INFOSPACE , INC. SECURITIES LITIGATION } Master File No.
C-41.0913-Z
Thte Document Relates To: ]
} CLASS ACTION
ALL <IONS,
NOTICE OF PENDENCY AND PRQPC5E0 SETTLEMENT OF CLA SS ACTION
TO., ALL PERSONS OR ENTITIES WHO PURCHASED OR ACQUIRED 1NFOSPACE, INC. (-INFO FACE") SECURITI!"S bURING THE PERIOD
BEGINNING ON JANUARY 2 , 2000 THROUGH AND INCLUDING JANUARY 30. 20011. ALSO INCLUDED ARE FORMER SHARCHOLCERS OF
G02NET CORP. WHO ACQUIRED INFOSPACE STOCK IN INFOSPACE'S OCTOBER 12. 2000 PURCHASE OF G02NET
Please read this Notice carefully and in its entirety. Your rights may be affected by proceedings in this Action. Please nuta that If you are a
Settlement Class Member, you may be entitled to share in the proceeds of the Settlement described irl this Notice. To claim your share of this fund,
you must submit a valid Proof of Claim postmarked on or before duly 15, 2004,
This Notice has been sent to you pursuant to Rule 23 al the Federal Rules of Civil Procedure and an Order of the United Stales District Court for the
Western O 1rict of Washington at Se #tle The 'Court"]. The purpose of this is to inform you of the pendency and proposed sellI mentof lhi$ class
action litigallan and o Us hesric g to be held by the Court to consider the fewness, teasflnablenHss, and adequacy of the. Sotttemenl. This Notice i not
intended to be, and should net be construod as, an expresaian of any opinion by the Curt with respect to the truth of the allegations in the litigation or the
merits of the deirps pr defenses assarted, This Notice describes the rights you may have In connection with the Settlement and what steps yoci may lake in
relation to the Settlement and This class artian litigation.
The prapnsed emen k roles a fund in the amount of $34,300,000 in cash (the "$demerit Fund) and wilt include inietesl that accrues on the fund prior to
iistriblation. Vourtecavery Tram this fiord will depend on a number m f variables. including the number of shares of tnfoSpace metes you purchased during the pencd
beginning an January 26, 2009 through January 30.2001, and the liming 4fyourpurehases and any sales. Depending on the number of eligible shares purchased by
Settlement Class Members who sled to paNclpate in the Settlement and when those-shares were purchased and said, fie estimated average recvveryrper share will
be apptvxmately'isa.S9 before deduction of Courtapproved fees and expenses.
Lead P1 intifis and Settling Defendants do not are on the average amount of damages per share that would be recoverable if the Lead Plaintiffs were 10
haveprevalted on each claim alleged, The issues on which the parties disagree include: (1) the epprnpriale ecnriotnl model For determining the amount Ly which
1nfaSpace securilies were allegedly artificially inflated Cif at all] during the Sehlement Class Period; (2) the amourt by which InFoSpace securities vjere allegedly
artificiallyinfated (if at AD) during tha $eLllement Class Period, (3) the affect of various market forces influencing the trading price of infoSpace socur+Gas atvarloi s
times during the Settlement Class Period; (4) the extent to whitrh external factors, such as general market and Industry conditions. Influenced the trading prjceof
InfoSpace securities at various times during the Settlement Class Period; (a6) the elctent to which the various matters that Lead Plaintrfs alleged were materially
false ormisleadIng influenced of al ally the trading price of Into Space securities at various times during the Settlement Class Period; (6) he extent to which the
various allegedly adverse material facts that Lead Plaintiffs alleged were omitted influenced (if at all) the trading price of InfoSpace securities at various times
during the Settlement Class Period; and (7) whether the statements made or facts allegedlyornitted were material, false, misleading of otherwise under
the securit;es laws.
The Lead Pleinuffs believe that the proposed settlement is a goad recovery and is in the hest intarpsls of the Settlement Class. Because of the risks
associated with continuing to litigate and proceeding to trial, them was a danger that plaintiffs would not have prevailed an their claims, in which case the
Settlement Class could receive nothing. The amount of damages recoverable by the Settlement Class was and is challenged by the Settling Dafendarits.
Recoverable damages in this case are limited to losses caused by conduct actionable under applicable taw and, had the Action gone to trial. Settling
Defendants almost certainly would have asserted that Ili of the losses of Settlement Class Members'were caused by non•aclianable market, industry or
cenetai econamlc (actors. It is also likely the Settling DsfendanIs would also assert that throughout the Settlement Class Period the uncertainll s and risks
associated with the purchase Info Space seairities were fully and adequately disclosed.
Plaintiffs' Settlement Counsel have notre' ived any payment for their services in conducting this Action on behalf ofthe Lead Plaintiffs and the Members
of the Settlement Class, nor have they been reimbursed for their substantial out-of-pocket expenditures. If the Settlement is approved by the Court, Plaintiffs'
Settlement Counsel will apply to the Court for attorneys' fees of 25% of the Settlement Fund after deduction of court awarded expenses, or approxima[ety
38,45 million in cash, and reimbursement of Out•DF•pockek expenses not to exceed $500,00D to be psld from the Settlement Fund. If the amount requested is
ppi ved by the Court, the average cost per share will be less than $0.05.
For further infotmativn regarding this settlement you may canlacl, Rick Nelson, Milberg Weiss Bershad Hynes & Lerach LLP, 40113 Street, Suite 1700,
Sari Clegv, California 92101, Telephone: 5191231.1458. Steve W. Berman, Hagens Berman LtP,1301 Fifth Avenue, Suila 2900, Seattle, Washington 96101,
'Felophone: 206/623-7292, or Michael K. Yarndff, Schifirin & Earroway, Ll.P, Three Bala Plaza East, Suite 401). Bala Cynwyd, Pennsylvania 19004, Telephone;
61(467-M8.
1. NOTICE OF HEARING ON PROPOSED SETTLEMENT
A setllementhearing will he held on May 7, 2004, at 1:15 p.m., before the Honorable Thomas S. Zilly, United Stales District Judge. Western District of
Washington. W %am Kenzo Nakamura U-S, Courthouse, 1010 Fifth Avenue, Seattre, Washington (the "Settlement Hearing"). The purpose of the Settlement
0" tom
„M-Uc U^J; 4
Case 2:01-cv-00913-TSZ
^^ Document 139 %/07/2004
M%/07/2004 Page 16 of 45 F• 10/21
m
r r
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nrh uo-uq Q@6qa? ; qj-W00913-TSZ Document 139 F'{fl dI/07/2004 Page 17 of 45 p, 11/21
Hank One
Invactrnent Management
Fiduciary Ope rations
Will Code u HI-O393
340 S C1evcl3rid Ave - Bldg Ito
Westervflle, OH 0481
DANKONS
R C VED GDS
APR 5 .4qk
S pA
cL AMAS CENTER
April 1, 2004
Excfus(46^
InfoSpace Securities Litigation,
Claims Administrator
Gilardi & Co. LLC
11 IS Mapriolia Ave
Larkspur, CA 94939
ICE: InfoSpaeo Securities Class Action
Dear Qilardi:
Our Account, 3GO5244202 Arthritis Clinic P/S Dr R n raj Tax 1D72-1151060 hcrcby
requests exclusion from t1le in InfoSpace Securities Litigation, Master File Na. C-
01-0913-Z.
Attached is a mport detailing Arthiftit Clinic P/S Dr Rarfgnraj, Account #3605-44202
transactions, as well as their signed bequest for exclusion. If you have any questions or
squirm farther do uni station please contact:
Jennifer Pierson
340 S Cleveland Ave. Bldg 150
Wester-ville, OH 43081
(614) 217-8744
(614) 351-4087
Sincerely,
3en er L. Ai an
Class Action Specialist
3a
shrty-uo--u4 l uc ua : q j w
Case 2:01-cv-00913-TSZ Document 139 Fifed'U5/07/2004 Page 18 of 45 F. 12/21
INFOSFACE INC SECURITIES LITIGATION
ACcou T NUMBe ACCOUNT TIVLE
36055244202 ARTHRITIS CLINIC Fl/8 aR RANCARAJ
TRANSA TION$:
QATE T RA,UA CTTOM
. # OF SHARES S HAR E TOTAL
1/412000 BUY 100 SHARES 5120 , 38 $$12,037.50
4J6J toD F'FECE]VED 100 SHARE$ $0.00 $0.00
1211112000 MUY 400 SHARES S 12.38 $4,950.40
BEGINNING BALANCE 4
ENDING 6AIANCE coo
35
ni n-ur'uq Gffi6a2-01 -dHG-00913-TSZ Document 139 Ffl& X5/07/2004 Page 19 of 45 p. 13/21
.737-3605244202 16( as 721/ Q9 nRr IS CLSNXC E'/8 - DK RANGAA• IJ i,j/ua -1/11(
X COME pR%xCI AL
LATE DESCAXPTION C"H cH IWV^6THEl+T;'S
Amajo f-• V oft-mmm. •rltavr.. r . =sar^arH,..
1210/0a MCi3MEJ) lao sTAE'. LS 'E' -12037.30 12037.50
XNFO9FAC H COM INC
TRACE DATE 1114/00
THE= , 52TtLEKIENT DAM V 70/00
P0k .C EASEb THROUGH HrbRW HEI J CEDtJ INC.
PY]RQFi#S P ON THE OVER T1 COUNTER
100 SHARES AT $110.3'75
9ATC% tie. ZY0gC501
TRAN6ACTZON NO. 3434
120100 PURCHASED 300 SHARES OL -14ast.25
BATTYM YNFOWAY LTD Sp0N90R a AD
TV-ADZ DATZ 1llif49
S•=QA.. arrT LBMEM DATr& 1 r2 4f00
vMcKas im T2po"3M HER Z G E.EINE MULD INC.
PURCHASED OR 1i OVER THE COU=21
300 SHARES AT $95.9375
BATCH 90 . ZY000flol
7$ANSACT ;ON NO. 3420
^ o1Aa ? RCKASED Sod 19 i=Es OF -15930.00 1s93o,aa
VODAFDZ E AZRTOVCH PLC SPDNS AIR
T'AE DATZ 1/14/00
' QR. SEC'1LEM$1+7T 'DXTE Z/ doh 90
rCwLw= THR00 [3H JdXEC .VTI ON to $RvI cta , INC.
PAID q4 o . [7 0 HR0=pAG
PMCM SED CDT THE NEW YORK STOCIt EXCHANGE
300 WARES AT $S3.00
BATCH Wa. ZY000602
TRMSMLr;CN No. 34210
6
3C
I"" UV Val 0asel2:O1.ov400913-TSZ Document 139 Ff}liI/07/2004 Page 20 of 45 p. 14/21
T] f4AC T ZObf Ei? tAiY FOP ?AGE . T/A1k 47991
7 7^ fi^5^44^Q2 36l 39 111/ 87 ]4RT}U XTis CLIDIIC p /3 - nR RrNGWI 4/114o - 4)3a/j)0
INCOMB FRINeIPAL
7ri ntscRil-r4om CAA R CR H TWEE 'rMaNTS
4be0 -aWumxay^^n
/3i/0o An EX c jEr V01WARn 0.00 9.5S 69V"6.14
13/00 CUR ED 9.55 DOLLARS G' -9,56 9.56
GROUP U. a. TAR77S SEC MM/ NKT PD
"PR=E 1A.T2 4/a/oo
B TC NO. ZYJOO026
TRANSACTION NO. 865
f.m/G4 CAGR RECEIPT OF INT6RUCT P J 2 Ob1 12.95
CUE GROUP U. a. IrREAS $eC NM NfcE pn
INTEREST FROM 311/00 TO 3/31/00
BATCH NO. Z Y000046
T BACDION N. 50434
E4/0 PIIRCUX920 13.55 bOLLARri OV -12.65 12.45
CM GROUP V. S. TRH SEC M MKT FA
TRAAE DATE 4/4/00
BATCH bro, ZXp40081
TRANSACTION No. :L9Z4
X100 STOCK SPLIT
2 k'OR 1 STOCK SPLIT
ARxIIA T-T1 WE 1/]x/40
1100 AUrIT2c AL SHMSS
VORTUR-ATA - TtC ID: 7ry9Zl.
'BRA'CH O. CROU0664
T ANSACPION NOS • 149
r>ToClc SPLIT
A FOR 1 STOCK SFLZT UN
:N-o aACS COM INC Dub 4/5{00
100 ADntTTONAL SMRES RECEIVED
CORPORATE ACTION ID: 79972
SATtR Nb. CR00090
TRAE5AC YOR N. 23
3D
FU +F-uu°u jut U H
ase i -cv-00913-TSZ Document 139 R085/07/2004 Page 21 of 45 P, 16J21
P-bX5 CTtON S UMMARY FOR PAGE 2 T/A# 47991
737-3605244202 361 J6 721/ 07 Aft7:HRYTIS CLINIC P/ - DR kAN X 12/1 / 0o •12/I./0b
INCOME PRTNCIM
' iATE DESCRIPTION CA31i CASH -lNvlt5TMErns
Mwft- ==aZa "GgNs •• l-^ +. v/an - al. yYYaYwas4^Ya
2/IS/no" P13RCHMED 400 sxARr%S or -4950.00 4910.00
INros?ACE INC
TP. I BATE 12/11/04
'tmmm. SETTLEMENT DRTE 12/I4ra0
PLTRCW- ED THROu4H HRRSOC HEINZ 4WGULt ANC,
PUACiU.$rCD ON TF[E OVER T1 COUNTER
400 SHARES AT $12.375
BATCI NO1EY4oo522
T34.ANsActICN NQ. :IL 9 6
2/14/00 YuRr-xAsm 20O sx[ES of -4964.00 4950.00
2 .OA T TOM INC
TRA}$ DATE 12/11100
TH$4Rd SETTLE1 DATE 12/14/013
PTIRCHASFCJ TRRO[7{3t{ IHWlMQG 1i15t t CUVULZ JUC.
PIYRCKASED ON THE OVER THO" COUNTER
2Oe ZZUKRES AT 524.75
ISkrCE =. ZLY44052Z
'TRANS ACTION NO.. 3190
213-4/00 PU F ZD 100 SHARES OF -3450.00 3450.44
CM,3r xrrc
TP.7Lb2 DATE 11/11/00
TREOR, S7.TTL8MENiT DATE 12/.4144
PCJRCRU ED TEma UGH Hrmzoa HR INg GE mo TNC.
PURCMUED ON THE OVER T^ig Cotlmr'r8R
3oti ORME$ AT Mi%.do
DAL'' C O. Z1rOoa512
TRANSACi%CN NO. 3200
3E
OMeL:O c 100913-TSZ Document 139 f i d W5/07/2004 Page 22 of 45 P 16/21
Ii sTKs 7 PCRTFOLIQ D AM KOPORT 1.2r3i00
ACCQ= No. 3409244 2 0 2 ARTKRXTIS CLINLC Pf5 - DR RANG.AtAJ
SwEal ACQUISITION M&kKEV K&
PACE VALU E C4$T PRICE VA,
CIS CORP Sap ^.6D6.25 Ei_^50 15,25
CT73I1?t 171179121
COHM RCE CN% INC DI. 424 P5.J13 10,12
CrrnIP= 204593169
DCW LD N Lus'K!N & JwmErTr- tuc 740 $1457.50 3.750 1,12
TEW = DIR CT
CUSIP: 25766100k
RMER 36' INTERACTIVE INC '10 150.00 3.625 3
CL A
W ;XP+ 2t;aoaw .O3
A4o 143,194,3 .75 20.400 4.00
cvsl; : 303480109
INFAS?ACE Info goo 1.8,987_so 9.d41 5.3G
Vuszpt 45919TIOZ
XNTBT+ = CAP GROUP INC 22 171a07.5t} 3.z9I. 72
CUSIPt 45D59C109
aDr, UY LP R1L¢ R C43$D Boo 30,225.00 qL1.6e4 aa,a4
t'u aP: 4667.2J]. 1
.7'[7NZPER AiFi'Twa9,Fs INC Lou 5,553.3 126.a n la,sa
=TZXj?a ge:1p2Rlba
ICAIM COl+MMTCATICNS TNC 4 13-7.25 17..$00 a
QPQa3GO CORP avs 1,3a7.50 01313 9
CTJ Iii 6a4nO )O
3F
i.ntlt3'd
S DIR
r) -Iqe) -
WO 0/0 NO NO 00/00/00 0c/{NJf00 .
Adw
cn
?784 1 7 1/ B7 0O000 , 3 f 3 0 16950.00 S/22/ DO 3/22/00 3/27/OCr* DIST 9/ 1 N F F P
O
O
3545244202 ART1IRUTZS CLYM2c Pf5 - DR RANG LRA] o ( w
n
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456IS 2 igsp M l- SPACE INC
REPORT O ALL ACCOWITS WITH
TAXLOTS IN INFOSPACE INC INCtUDINC :5ALES/DTST m m 11/30/U
/717
SALE PRICE SALE DATE
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AN 36052442 02 ARTHRITIS CLINIC P/S - OR RANGARA]
NO 0/0 No N0 -NO 00/00100 OG/110{o0
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"816784 1 721/ 37 200_0000 3 / 3 710 11031.50 4/25/01 1/14/ 00 1/20/OQP* SOLO 9f 1 ra F F• P
*999536 1 723/ 87 400.0000 3 / 3 1436 4950 .00 4125/01 12/11/00 12114/00P* SOLO 0/ 1 H F F P
*1055598 1 721/ 87 600.0000 3 / 3 2154 1593 . 75 4/25/01 3/21/01 3/26/DIPr SOLD 9f 1 N F F P
*1072172 1 721/ 97 1004 . 0000 3 / 3 35Y0 1718.75 4/25/01 4/ 4/01 4/ 9f01P* SOLD 9/ 1 N F F P
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L
To: InfoSpace Securities Litigation
Claims Administrator
c/o Gilardi & Co. LLC
P.O. Box SQ44 -
San Rafael , CA 94912-8040
From: Carolyn, L Drake
APR 2 3 2004
206 San Andreas Drive 'L&-A1MS CENTER
Novato, CA 94945
Date: 0411.04
I wish to be exciuded from the Settlement Class.
Required Info:
(a) Carolyn Drake
206 San Andreas Drive
Novato, CA 94945
415,89$.6810
(b) 100 shares InfoS pace Inc New (INSP)
purchased 9.12.00 @ unit price $42.875
(c) I wish to be excluded.
Signed,
at, , ,4/z,--
Carolyn Drake
pr) 14
6A
Intl VLry
•
FROM
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. ^= 1 Claims Administralor
dc Gilardf & Co. LLC
0)
P.0. fox 8040 APR 23 Dj
Stn Rafaei , CA 94912-B040
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Case 2:01-cv-00913-TSZ Document 139 Filed 05/07/2004 Page 33 of 45
APR 2 3 2004
Mellon CLAIMS CENTER
525 W+Uiam Pefin Place
Room 3418
Pittsburgh , PA 1525
REQUEST FOR EXCLUSI47
April 22, 2004
Claims
Gilardi & Co. LLG
P. D. Box Bo40
San Rafael , CP 94912-B040
In re INFOSPACE, INC. Securities Litigatia Ma§(t _t. ilti No. C-01 -0913-Z
On behalf of our client, please accept this letter as authorization to process the following
request for exclusion from the above-t entianeri class action,
Mellon Global 5ecuritles Services is acting in a fiduciary capacity for:
* XLSF a8OOSo2 XL INVESTMENTS (B ARBADOS) INC
Please see the attached report for the dates, prices , and number of shares of
INFOSPACE, INC common stock purchased and sold during the class period-
Also, please accept the enclosed fiduciary documents as valid proof of transactions that
took place during the class period. Copies of original broker confirmation slips are not
accessible to our reorganization area. To the best of our knowledge, the enclosed
documents are true and valid.
If you have any questions , please do riot hesitate to call me at 412.234.&263.
Sincerely,
J. Burlaigh
Enclosures
! r^ j
tit} i
6A
Acs! Account Tills TIN CUSP Tr.Tp Tr,aate # Shares Share Price Cornmissioa Trans Total
XLBFQ800502 A.0sw STMEM -rs(Weu as) INC 046-4)1-3753 456ThT1(12 H 41/25/20(] 0.000 0.OC 0.OG 0.00
XLB'F0 X 502 )MIWESTMEN1s [HARH,=S) n1C 040-01-3753 4567ST102 P 03I1612000 2,70 0.000 220.3260 162.00 595,E+42.20 0
XLBF0800502 ALnvcsm nrs caaad„o c 046-01-3753 45678T102 P 03117/2000 200 C00 219.8676 12.00 43,985.52 w
XL BF(18005O2 w. i, ^ cs mlonaos] nv 046-01-3753 456787102 S 0410412000 2.900.000 106.2792 0.00 308,209.68 CD
XLB FGBC 0502 xL INVFMWJM t.e .ooG) iric 046-01-3753 4:5670T102 H 01)3012001 0.000 0.0000 0 .00 0.00 !v
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1 15 MAGNOUAAVE CLAIMS .Cr;=`;-UR
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Monday, April 19, 2004
APR 2 6 2004
CLAIM CENTER
InfaSpnce Securities Litigation
Claims Mzninistrator
C/o Gilardi and Co. LLC
P.O. Box 8040
S=Rafaei,, CA 94912-8040
To Whom It May Concern:
I do not wish to be included in the Settlement Class and do not wish to participate in the
proposed settlement described in the Notice I received regarding the Inf]Space 5ecurifles
Litigation.
Joseph De var't in
17812 Lerene Drive
Yorba Linda, CA 92886
(714) 986-9420
I ]snow that I did indeed purchase and sell InfoSpace Securities, however, [.gun having
difficulty with t paperwork which would show such information. I do recall that it was
p=hased and then sold over a small period of time with limited gains/ioss a.
Regardless, this is a Raqu st for Exclusion.
Regards,
oseph Dervartanian
RA
Lip s' .
Q
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p 1,
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N Clsgns AdrrMinistralor
ti =
ck G rd! & C*. ILC APR 2 6 2004
P.O. Box 8040
San Rafael , CA 94912-8440 CLAIM CENTER
IIIIrJ1Inll1111eiiiliiis1Iii1rllnnluilIlui^1IJllliielIIiiI
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APR-27- 2 0 JUE0W2oa 13-TSZ Docu ment 139 Fi10M07/2004 Page 40 of 45
P. 06
14
APR 2 6 2004
CLAIM CENretj
April i 9, 2004
IdoSp Securities Litigation
Claims Admin gyrator
c/o Qilar i & Co. LLC
P.O. Sax 8040
San Rafael CA 94912-8040
RE: Jane Desmond
23500 K=Wworthy Av' uue
Harbor City CA 90714
Phone; (310) 5304873
"Request for Exclusion"
This is to kform you that I do not wish to be included in the Se dement Class liti o . against
7ntoSpace as I purchased and sod my stock at a time when I would not get a settlement anyway.
I pur ged and sold tht fallowing stocks:
Purchased 45 shares on March 16, 2000 at $230 7116 a shm.
Sold 90 shares on Demob r k 2000 at $12 .00 a share.
Thank you for the notifijation.
9A
Drs : 3 M. I}Ggmau $ E°.'iVs
Aire. FROM
)Dr City, CA 9ID710 ^^$f
H
} APR
Jn Space securw es Liffgatran
Claims Administrator
ddo 6lardi & Co. LLC
C) P.o. Box 804U
N San Raiae1, CA 9912- S040 APR 2 6 2004
CLAIM CENTER
;fL
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Case 2:01-cv-00913-TSZ Document 139 Filed 05/07/2004 Page 42 of 45
AFRTL 20, -2004
6 "' PR
APR 272004
TnfoSpace Seruri4.Cs Litigation CLAIMS CENTER
Claims Administrator
C/o Giiardi & Co. LLC
P.O. Box 8040
San Rafael , CA 9491 2-8040
RE; REQUEST FOR EXCLUSION
a. NAME: lAR' JANE KOBAYASHI
ADDRESS: 12556 14th Ave. N.E. SFATTLE, WA 98125-4016
PHONE: (206) 362-5175
b- Bought: 100 shares of Common Stock during Settlement Class Period
Bought Date; 4/20/2000
Settled Date; 4/26/2000 @ 459.375 per shares + $4+3.50 0onun.- $5,987.00
Sold: 100 shares of Common Stock
Sold Date; 7/5/2002 @ .SQ$- per share - $ 50.00 Nec -0-
c. I WISH TO BE EXCLUDED FROM THE SETTLEMENT CLASS..
Sincerely,
/ L 4ul ;
MM T JANE KOBAYASql
r
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Case 2:01-cv-00913-TSZ Document 139 Filed 05/07/2004 Page 43 of 45
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