In the United States District Court for the Northern District of Georgia, Atlanta Division, in In re Beazer Homes USA, Inc. Securities Litigation, Master File No. 1:07-cv-725-CC, a summary notice has been issued as follows:
| Summary Notice of Pendency of Class Action, Proposed Settlement and Settlement Hearing |
| To: all persons who purchased Beazer Homes (USA), Inc. (“Beazer”) common stock during the period January 27, 2005 through and including May 12, 2008. |
| YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the Court, that the above-captioned action has been certified as a class action and that a settlement for $30.5 million has been proposed. A hearing will be held before the Honorable Clarence Cooper in the United States District Court for the Northern District of Georgia, Atlanta Division, at 4:00 p.m., on August 13, 2009 to determine whether the proposed settlement should be approved by the Court as fair, reasonable, and adequate, and to consider the application of Plaintiffs’ Counsel for attorneys’ fees and reimbursement of expenses. |
| IF YOU ARE A MEMBER OF THE CLASS DESCRIBED ABOVE, YOUR RIGHTS WILL BE AFFECTED AND YOU MAY BE ENTITLED TO SHARE IN THE SETTLEMENT FUND. If you have not yet received the full printed Notice of Pendency of Class Action and Proposed Settlement, Motion for Attorneys’ Fees and Settlement Fairness Hearing and a Proof of Claim form, you may obtain copies of these documents by contacting the Claims Administrator: |
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In re Beazer Securities Litigation |
Inquiries, other than requests for the forms of Notice and Proof of Claim, may be made to Plaintiffs’ Co-Lead Counsel: Jeffrey M. Haber, Esq., Bernstein Liebhard LLP, 10 East 40th Street, 22nd Floor, New York, NY 10016, Telephone: (212) 779-1414; Krissi T. Gore, Esq., Chitwood Harley Harnes LLP, 2300 Promenade II, 1230 Peachtree Street, NE, Atlanta, GA 30309, Telephone: (404) 873-3900; and Leigh Smith, Esq., Milberg LLP, One Penn Plaza, New York, NY 10119, Telephone: (212) 594-5300.
To participate in the Settlement, you must submit a Proof of Claim no later than September 14, 2009. If you are a Class Member and do not exclude yourself from the Class, you will be bound by the Order and Final Judgment of the Court. To exclude yourself from the Class, you must submit a request for exclusion postmarked no later than July 30, 2009. Any objections to the Settlement must be filed by July 30, 2009. If you are a Class Member and do not submit a proper Proof of Claim, you will not share in the Settlement but you nevertheless will be bound by the Order and Final Judgment of the Court.
Further information may be obtained by contacting the Claims Administrator.
By Order of the United States District Court for the Northern District of Georgia, Atlanta Division
Milberg LLP
Leigh Smith, Esq., 212-594-5300
or
Bernstein
Liebhard LLP
Jeffrey M. Haber, Esq., 212-779-1414
or
Chitwood
Harley Harnes LLP
Krissi T. Gore, Esq., 404-873-3900
