George Lehocky, et al. v. Tidel Technologies, Inc., et - PDF

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George Lehocky, et al. v. Tidel Technologies, Inc., et - PDF Powered By Docstoc
					                      UNITED STATES DISTRICT COURT
                                                                           (Inked Store Courts
                       SOUTHERN DISTRICT OF TEXAS                        "erENTEREDf Texa
                                                                                               s
                           HOUSTON DIVISION
                                                                          JUL 2 6 200 4
GEORGE LEHOCKY, on behalf of §
                                                                     lWae N. Miiby, Clerk of Court
himself and all others similarly situated, §

                          Plaintiff, §

v.                                         §   Civil Action No . H-01-374 1

TIDEL TECHNOLOGIES, INC ., §
JAMES T. RASH, MARK K . §
LEVENICK, JAMES L . BRITTON III, §
and JERRELL G . CLAY               §
                     Defendants . §

          SUMMARY NOTICE OF HEARING ON PROPOSE D
        SETTLEMENT OF $3,000,000 CASH AND TWO MILLION
      SHARES OF TIDEL TECHNOLOGIES . INC. COMMON STOCK

TO : ALL PERSONS AND ENTITIES ("CLASS MEMBERS" OR
       "CLASS") WHO PURCHASED COMMON STOCK OF TIDEL
       TECHNOLOGIES, INC. ("TIDEL") DURING THE PERIOD
       FROM JANUARY 14, 2000 TO FEBRUARY 8, 2001 (THE "CLASS
       PERIOD" )

          YOU ARE HEREBY NOTIFIED that a hearing will be held before th e

Honorable David A . Hittner, on 0 ekd3er S, 2004 at 10 :00 a .m. in Courtroom 9-A*

of the United States District Court for the Southern District of Texas, Housto n

Division, 515 Rusk Avenue, Houston, Texas 77002, for the purpose of determinin g

(a) whether the proposed settlement of the claims in the Litigation for the sum o f

$3,000,000 in cash and two million shares of Tidel common stock should b e

approved by the Court as fair, just, reasonable and adequate; (b) whether,



                                                                                   2-2 )
thereafter, this Litigation should be dismissed with prejudice as set forth in th e

Stipulation of Settlement dated July 4O, 2004 ; (c) whether the Plan of Allocation of

the Net Settlement Fund is fair, just, reasonable and adequate and therefore shoul d

be approved; and (d) whether the application of Plaintiffs' Counsel for the paymen t

of attorneys' fees and reimbursement of costs and expenses incurred in connectio n

with this Litigation should be approved .

          If you purchased or acquired the common stock of Tidel during the Clas s

Period, your rights may be affected by the settlement of this Litigation . This notic e

is only a summary. If you have not yet received a Notice of Proposed Settlemen t

and Hearing Thereon and Right to Share in Settlement Proceeds, which describe s

in detail the terms of the proposed Settlement and your rights thereunder, you may

obtain a copy of said Notice by contacting :

                          CLAIMS ADMINISTRATOR
           TIDEL TECHNOLOGIES, INC . SECURITIES LITIGATION
                               P.O . Box 9000 #623 5
                            Merrick, NY 11566-9000
                             Telephone : 800-363-4075
                             Facsimile : 631-940-654 9
             Website : www.tideltechnologiesincsecuritieslitigation .com

          If you have any questions regarding the litigation or require informatio n

in addition to the Notice or Proof of Claim, you may contact Plaintiff's Lea d

Counsel : SCHOENGOLD & SPORN, P.C ., Joel P. Laitman, Esq .,19 Fulton Street ,

Suite 406, New York, NY 10038, (212) 964-0046 .



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         If you are a Class Member and want to share in the distribution of the Ne t

Settlement Fund, you must submit a Proof of Claim and Release no later tha n

     • 2.0 , 2004 , establishing that you are entitled to recovery . You will be

bound by any judgment rendered in the Litigation whether or not you make a

claim.

          If you desire to be excluded from the Class, you must file a Request fo r

Exclusion by $W. Za , 2004, in the manner and form explained in the detailed

Notice referred to above . All Class Members who have not requested exclusio n

from the Class will be bound by any judgment entered in the Litigation pursuant t o

the Stipulation of Settlement .

          PLEASE DO NOT CONTACT THE COURT OR THE CLERK' S

OFFICE FOR INFORMATION .

Dated : ' , 2004

                                       BY ORDER OF THE COURT
                                       DISTRICT COURT FOR THE
                                       SOUTHERN DISTRI T OF TEXAS


                                       5Qi6-~ 9t-t::Z~
                                       T HONORABLE DAVID HITTNER




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