NEW YORK, Dec. 7 – LAWFUEL- The Law News Networi — The following statement is being issued by the law firm of Bernstein Litowitz Berger & Grossmann LLP regarding IN RE BENNETT ENVIRONMENTAL INC. SECURITIES LITIGATION.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
IN RE BENNETT ENVIRONMENTAL
INC. SECURITIES LITIGATION No. 04 Civ. 5852 (LTS)
SUMMARY NOTICE OF PENDENCY OF CLASS ACTION,
HEARING ON PROPOSED SETTLEMENT AND
ATTORNEYS’ FEE PETITION AND RIGHT TO SHARE IN NET SETTLEMENT FUND
TO: ALL PERSONS OR ENTITIES WHO FROM JUNE 2, 2003 THROUGH AND INCLUDING
JULY 22, 2004 (THE “CLASS PERIOD”) (1) PURCHASED BENNETT ENVIRONMENTAL INC.
COMMON STOCK, OR (2) PURCHASED “UNITS” OF BENNETT ENVIRONMENTAL INC.
SECURITIES PURSUANT TO THE PRIVATE PLACEMENT ANNOUNCED ON JANUARY 12, 2004 AND IN EITHER CASE WERE DAMAGED THEREBY (THE “CLASS”).
YOU ARE HEREBY NOTIFIED that the above-captioned action has been certified
as a class action for the purpose of proposed settlement valued at $9,750,000
(the “Settlement”) that will resolve all claims of Lead Plaintiffs and the
Class against all defendants. The proposed Settlement is with Bennett
Environmental Inc., John Bennett, Allan Bulckaert, Robert Griffiths, Danny
Ponn and Richard Stern. A hearing will be held before the Honorable Laura
Taylor Swain, in the United States District Court for the Southern District of
New York, 40 Centre Street, New York, New York 10007-1581 at 2:30 p.m. on
January 13, 2006 to determine whether the proposed Settlement should be
approved by the Court as fair, reasonable, and adequate, and to consider the
application of Lead Counsel for attorneys’ fees and reimbursement of
litigation expenses.
IF YOU ARE A MEMBER OF THE CLASS DESCRIBED ABOVE, YOUR RIGHTS WILL BE
AFFECTED BY THE SETTLEMENT AND YOU MAY BE ENTITLED TO SHARE IN THE SETTLEMENT FUND.
If you have not yet received the Notice of: (1) Pendency of Class
Action, and (2) Hearing on Proposed Settlement and Attorneys’ Fee Petition and
Right to Share in Net Settlement Fund (the “Notice”) and Proof of Claim Form,
you may obtain copies of these documents by contacting: Bennett Environmental
Inc. Securities Litigation, c/o The Garden City Group, Inc., Claims
Administrator, P.O. Box 9000 #6366, Merrick, NY 11566-9000, 800-298-5765.
Copies of the Notice and Proof of Claim Form also may be downloaded from:
http://www.blbglaw.com or http://www.gardencitygroup.com. If you are a Class
Member, in order to be eligible to share in the distribution of the Net
Settlement Fund, you must submit a Claim Form no later than March 15, 2006,
establishing that you are entitled to a recovery. You will be bound by any
judgment entered in the Action whether or not you make a Claim.
If you desire to be excluded from the Class, you must file a request for
exclusion by December 30, 2005, in the manner and form explained in the
Notice. All Class Members who do not request exclusion from the Class will be
bound by any judgment entered in the Action.
Any objection to the proposed Settlement, Plan of Allocation or
application for attorneys’ fees and reimbursement of litigation expenses must
be filed with the Court and delivered to counsel for the parties no later than
December 30, 2005 in the manner and form set forth in the Notice.
PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE REGARDING THIS
NOTICE. Inquiries, other than requests for the Notice and Proof of Claim
Form, may be made to Lead Counsel:
Daniel L. Berger
Jeffrey N. Leibell
Avi Josefson
BERNSTEIN LITOWITZ BERGER &
GROSSMANN LLP
1285 Avenue of the Americas
New York, NY 10019
(800) 380-8496
http://www.blbglaw.com
Dated: November 16, 2005 By Order of the Court
Web Site: http://www.blbglaw.com http://www.gardencitygroup.com
