Liberator Settlement
HomeCase DocumentsContact UsFile Claim

Welcome to the Liberator Settlement Website

This website has been established to provide general information related to the proposed settlement of the consolidated case known as Dan Schmidt, et al. v. Liberator Medical Holdings, Inc., et al., Master File No. A-15-728234-B, pending before the Eighth Judicial District Court for the State of Nevada, Clark County (the "Court"). The capitalized terms used on this website, and not otherwise defined, shall have the same meanings ascribed to them in the Stipulation of Settlement (the "Stipulation") dated April 17, 2019, which can be found and downloaded by clicking on the Case Documents tab above. Your rights may be affected by the Settlement if you held and exchanged shares of Liberator Medical Holdings, Inc. ("LMH") common stock for consideration in the acquisition of LMH by C.R. Bard, Inc. ("Bard") for the price of $3.35 per share, which closed on January 21, 2016 (the "Acquisition").

The law firm of Robbins Geller Rudman & Dowd LLP represents you and other Class Members. You will not be charged for these lawyers. They will be paid from the Settlement Fund to the extent the Court approves their application for fees and expenses. If you want to be represented by your own lawyer, you may hire one at your own expense.

WHAT IS THIS LAWSUIT ABOUT?

As described in the Notice of Proposed Settlement of Class Action (the "Notice"), this is a shareholder action seeking monetary damages and alleging that Defendant breached his fiduciary duties in connection with the Acquisition. Defendant denies all of the allegations. The Stipulation has a detailed procedural history of the Litigation.

WHAT DOES THE SETTLEMENT PROVIDE?

The Settlement, if approved, will result in the creation of a cash settlement fund of $4,750,000 (the “Settlement Amount”). The Settlement Amount, plus accrued interest (the “Settlement Fund”) and minus the costs of the Notice and all costs associated with the administration of the Settlement, as well as any attorneys’ fees and expenses that may be approved by the Court (the “Net Settlement Fund”), will be distributed to eligible Class Members pursuant to the Plan of Allocation that is described in the Notice.

ADDITIONAL INFORMATION

Although the information in this website is intended to assist you, it does not replace the information contained in the Notice and Stipulation, both of which can be found and downloaded by clicking on the Case Documents tab above. We recommend that you read the Notice and other relevant case documents carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT A PROOF OF CLAIM This is the only way to be eligible to receive a payment. Proofs of Claim must be postmarked or submitted online on or before October 22, 2019.
OBJECT Write to the Court about why you oppose the Settlement, the Plan of Allocation, and/or the request for attorneys’ fees and expenses. You will still be a Member of the Class. Objections must be received by the Court and counsel on or before September 9, 2019. If you have already excluded yourself from the Litigation, you do not have the ability to object.
GO TO A HEARING ON SEPTEMBER 30, 2019 AND FILE A NOTICE OF INTENTION TO APPEAR Ask to speak in Court about the fairness of the Settlement. Requests to speak must be received by the Court and counsel on or before September 9, 2019.
DO NOTHING Receive no payment from the Settlement. Members of the Class who do nothing remain bound by the terms of the Settlement unless you have previously requested exclusion from the Class.

DEADLINES

Submit Claim: October 22, 2019
File Objection: September 9, 2019
Final Approval Hearing: September 30, 2019, at 9:00 a.m.