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EXHIBIT D
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 1 of 175
EXHIBIT D-1
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 2 of 175
c/rtWy?^/ •'k
2 W — • "
PART I - CLAIMANT IDENTIFICATION
Claimant or Renraaentativa Contact Information:
.The Cfairns Administrator wil.l use this information for all communications relevant to this Claim (induding the check, if eligible lor paymentt ..'if this1 information changes, you MUST notify the Ciaims Administrator in writing at the address above. ''
.Claimant Name(B) (as you would like the name(s) to appear on the check,.if eligible for payment): - „ , ' " • . * • , ' . . , . i , . . „ 1 . . . . - ] . . ' ^ l ' - ' j " . ' i ' - " - j - - - - - - r . - , - /
I v •;
• • '
t f V ; - . " - f - . . ; . . . 1 . . .
• Street Address: • . ..
C - •.•tg- /L . . W . » » . . .'L - : r
Last 4 digits of Claimant SSNHIN;1 City: . <
Account Number: r v " " - f ' - ' y I .. .L ^ L.
, . Countfy (ifOttier than U.S.):. ' State: ZipCode: A
Name of the Person you would like the Claims Admlnistrator to. Contact Regarding This.Claim'(if different from the' •' Claimant Name(s) listed above:): '
. . . ! • . , 1 - . i - . « . • ; 1
' i ; i , » . i >
Daytime Telephone Number:- ? - Evening Telephohe;Number"
, , -0 - • . >' Email Address .(Bma addrea b net nqufred, but If you provide It you authortzs the Oaina AOiiiiiiblidUM In uso It tn pwhfing you with bLTwuttMiiikrad'totMscMrn) -
NOTICE REGARDING ELECTRONIC FILES: Certain claimants with large numbers of transactions may request to, or may be requested to, submit information regarding their transactions in electronic files. To obtain the mandatory electronic filing and file layout, please visit the Settlement website at www.HPSecuritiesLitigationSettlement.com or you may e-mail the Claims Administrator's electronic filing department at eClaimfikiardencitvaroup.com. Any file not in accordance with the required electronic filing format will be subject to rejection. No electronic files will be considered to have been properly submitted unless the Claims Administrator issues an email after processing your file with your claim numbers and respective account information. Do not assume that your file has been received or processed until you receive this email. If you do not receive such an email within 10 days of your submission, you should contact the electronic filing department at aClalmiaaardencitvgroun.com to inquire about your file and confirm it was received and acceptable.
To view Garden City Group. LLC's Privacy Nollce/please visit http:/AyWw.gardericitygroup.corn/privacy | 'The last four digrts of (he taxpayer identification number (TIN), consisling of a vafid Social Security Number (SSN) tor individuals or Employer WentfficaUon Number (EIN) for business entities, trusts, estates, etc.. and telephone number of the beneficial owners) may be used In verifying this daim.
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 3 of 175
5
PART I if- SCHEDULE OF TRANSACTIONS IN HP COMMON STOCK
BEGINNING HOLDINGS: Number of shares of HP common stock held at the dose of trading on August 18,2011. If none, write "zero" or "0".
i
. Shares
PURCHASES/ACQUISITIONS: Purchases or Acquisitions of HP common stock from August 19, 2011 to February 15,2013, inclusive (which includes the 90-day look back period)1. (Must be documented.)
Trade Date(s) of Purtfisse(syAcqutaftlDn(B)
(List Chronologically MonthOay/Year}
Number of Shares of HP Common Stock Purchased/Acquired
Purchase/Arquisition Pries Per Share of HP Common Stock
Aggregate Cost (excluding commissions,
taxes and fees)
; ' . S O ..0:0 . - • r • - • .
r X - y o ; . • ; ^ . . ' - . '
\ I
i " \ / r i ' / : i
j . • • • / . ? " i • ;
• L . ' — 1 . A ' i -
i
. i il
M . i . r j ' ' > ' i r"
SALES: Sales of HP common stock from August 19,2011 to February 15, 2013, inclusive (which includes the 90-day look back period). (Must be documented.)
C.
Sale Price Per Share of HP Common
Stock .
Amount Received (excluding commissions,
taxes and fees)
Datd{s) of Sde(s) (List Chronologically)
(Month/Day /Year)
Number of Shanes of HP Common
Stock Sold
.1>. • Z i -G-O . P .O. fj'-i H-0 /'V5 h'C.O i '
' J
i / ! . j y . .
m/i ' i n
i
UNSOLD HOLDINGS: Number of shares of HP common stock held at the close of trading on February 15, 2013 (the last day of the 90-day look back period). If none, write "zero" or "0". (Must be documented.)
D. $ s o Shares
' Please note: As set forth above. Information requested wtth respect to your purchases and acquisitions of HP common stock between November 21.2012 and February 15,2013, indusrve, rs needed in order to bafartce your daim; purchases and acquisitions during this period, however, are not ellglbfe to participate in the SetUemenl as these purchases and acquisitions are outside the Settlement Class Period (/.e., August 19,2011 to November 20.2012, inclusive) and will not be used for purposes of calculating your Recognized Claim pursuant to (tie Ran of Allocation.
' IF-YOU NEED ADDITIQNAtl SPACE TO LIST YOUR TRANSACTIONS YOU MUST . PHOTOCOPY THIS PAGE AND, CHECK THIS.BOX; ; ^ -
IF YOU DO NOT CHECK THIS BOX THESE ADDITIONAL PAGES WILL NOT BE REVIEWED
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 4 of 175
k-!•:-
7
PARTVr.PEFfNmbNSlAND RELEASE (CONflNUEP) " deemed to have acknowledged, that the inclusion of 'Unknown Claims" in the definition of Settled Ctaims and Released Parties' Claims was separately bargained for and was a key element of the Settlement.
This release shall be of no force or effect unless and until the Court gives final approval to the Settlement and the Effective Date occurs.
PART VI-REPRESENTATIONS
1. I (We) hereby warrant and represent that I (we) have not assigned or transferred or purported to assign or transfer, voluntarily or involuntarily, any matter released pursuant to this release or any other part or portion thereof.
I (We) hereby warrant and represent that I (we) have included information about all of my (our) purchases, acquisitions and sales transactions in HP common stock which occurred from August 19, 2011 to February 15, 2013, indusive, as well as the number of shares of HP common stock held by me (us) at the close of trading on August 18,2011, and the close of trading on February 15,2013.
I (We) certify that I am (we are) not subject to backup withholding under the provisions of Section 3406(a)(1) (C) of the Internal Revenue Code.
NOTE: If you have been notified by the Internal Revenue Service that you are subject to backup withholding, please strike out the language that you are not subject to backup withholding in the certification above.
' declare under penalty of perjury under the laws of the State of California and the United States of America that the foregoing information supplied by the undersigned is true and correct and that this Proof of Claim Form was
2.1 day of K Ids' in Executed this (City, State, Country) (Month) (Year)
Signature of Claimant (If this claim is being made on behalf of Joint Claimants, then each must sign.)
Ock .U-2015 Date
Signature of Joint Claimant, if any
Print Name of Joint Claimant, if any Date
If Claimant is other than an individual, or Is not the person completing this form, the following also must be provided:
Signature of Person Completing Form
Print Name of Person Completing Form Date
Capacity of person signing on behalf of claimant, if other than an individual, e.g., executor, president, trustee, custodian, etc.
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 5 of 175
1-8/10/2015 17:45 121 121 PAGE 01/01
^bank hapoalim MesuM NHTC:
ftcBsumNumbeR
NEWi.fn'-PACIURD CO EMMttyNune: TTOSUff | CUSlh Auucm UtDdtor Qmncy:
StBtBinainofTramactlomandHnhBnM From August 18.Mil BJ Februmrla.ZOl^
Optflflll (jbncc M ftegfufrtgof 1Va«nt •«: Atwttstas.mi o.oa
p. g r t g Fratfa/FraMKllow 'ransadSanTypc tonplptfM*"
bwl icUnn
Co4c TOUIGMHI
V»lHea Qo«M|ialanca tnioftrf tote{iwnf44fn)
sow •9M.M
Octtkv 9, zou Januarvio.zoi]
$1440 -STpJSO^O BUT maoe U4 3M »1 OJO
0.00 h*nnrv 15,2019 •oilni OBIMKC BtBid of Tradkit OIK
Sincerely Youn, Bonk Kapoatim Rlf.
Head Office
* TOW Qmn SMuo erdudec taRu, fBBB and other C0(iinti9»ieft$. wCf«dll and Dotrit iype tranBactiom induda. bin ore not Vfflted to: corp octfons and fre* trsnsforo.
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 6 of 175
I
Operation Advice i Client
Client group Account Description Account Number FortMl'O (BAN USD
1
CUAAENT ACCOUNT US DOLLAR
Zurich. 07.03.2011
ftef: ACT
1
PURCHASE
We purchased on your behalf:
Description of security Security number Quantity Wee i (ISIN Code) i
REGISTERED SHARES HEWUTT-PACKARD CO ACT USDA1
093871ft-000 (US4282361033) 350 4120 USD
Stock exchange: NEW-YORK NYSE I
Securities trading statement
6ROSS AMOUNT
Brokerage fees
Foreign brokerage fees
Federal stamp duty
NFT AMOUNT
14,770.00 USD
206.70 USD
10.00 USD
22.1 B USD
15.008^4 USD
We debit your account
Operation date
Value date
- IS.OOS.W USD
04.03^0 n
09.03.2011
i
fi \ UnsJinciJ »dvlnnatt
i
Efm* ftOm'ta'ttrt Entpted -Aiptf MJ tmrartsthtiiiteftf feonitfdqraa
BNP PASIBAS [SULSSE] SA. Sciouijtrisc 18, P.O. Cox, CH-8Q22 Zurich . Phone: *41 (0)MJia 1111 - FM: +41 (a)iB 212 RJJ . VAT: *73 794 - SWIFT/BiC: BPPBOGG
I
im siDr.no'U i •s m u i
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 7 of 175
I Operation Advice Client Client group Acrtunt Description CUARfNT ACCOUMT US DOLLAR Aceeunt Nundicr Portfolio IBAN USD CH66 0868 €322 621?<Hfl4Q
I
Zurich, 13J)Q.201E
Ref:
OUTGOING SECURITIES FREE OF PAYMENT
We withdrawn on your portfolio:
Security number (ISIN Code)
Description of security Quantity indicative price )
REGISTERED SHARES HEWLETT-PACKARD CO ACTN USD.01
0938710-000 (US4262361033)
i
29.10 USD 3 SO i
i
Valuation \
10,185.00 USD In security currency
Operation date i
13.08.2015 I
TRANSFER IN FAVOR OF BANK YAHAV Observation
i
i
i
Unsigned adviecnote
frnff ft Q ml don 6aemai - At iter our aifftm ftb^ule nf feu ftfld ehawe ,
W f PAA1BAS (SUISSE} SA. Sclnaustrus 18. P.O. Bto,CM.KUl Zgrich 1
Phone: *41 (0)58 212 em - Fax: +41 (O)Sfl 212 8223 - 0^-103402.191 TVA - SWIPT/BIC: BP^9 CH G6
ir-m 5102 m'\i l 'S E85 M
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 8 of 175
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 9 of 175
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| -
In re HP Securities Litigation Settlement c/o GCG Claims Administrator P.O. Box 10224 Dublin, OH 43017-5724 (888) 985-9382 HWD0295167509
MaiUng Date: July 25,2016 RESPONSE DUE DATE: August 15,2016 Claim No: 3751
Eligible Securities/CUSIP: HP Common Stock/428236103
Class Period: 8/19/2011 through 11/20/2012, inclusive
Ref No:
NOTICE OF REJECTION OF YOUR ENTIRE CLAIM
THIS IS THE ONLY NOTICE YOU WILL RECEIVE WITH RESPECT TO THIS CLAIM
Dear Claimant(s):
We have received and processed the Proof of Claim Form ("Claim Form") that you submitted in connection with the In re HP Securities Litigation Settlement. Based on our review of the Claim Form and documentation you submitted (if any), your Claim has been conditionally rejected in its entirety pursuant to the terms of the Court approved Settlement.
Your Claim may have been rejected for one or more reasons. If you wish to cure your Claim, please review the attached "Rejection Reason(s)" document and respond accordingly. Please note the following when responding:
You must include a copy of this notice with any response and reference your Claim Number on all submissions. Your response must be received or postmarked no later than the Response Due Date noted above. If you fail to respond by die Response Due Date, or your response fails to cure the rejection reason(s) identified, your Claim will be rejected in its entirety.
Please take a moment to read What You Need to Know which is enclosed with this notice. If you still have any questions regarding this notice or if you want to confirm the status of your Claim after you submit a response to this notice, please call us toll-free at (888) 985-9382. If you would like to view or download the Settlement Notice (which contains the Plan of Allocation), you may do so on the settlement website at www,hpsecuritieslitigationsettlement.com.
Very truly yours,
Garden City Group, LLC
Claims Administrator
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 10 of 175
Claim No: 3751
REJECTION REASONCSI
1. THE CLAIM DOES NOT RESULT IN A ' RECOGNIZED LOSS" AS DEFEVED BY THE COURT-APPROVED PLAN OF ALLOCATION.
Under the terms of the Court-approved Plan of Allocation set forth in the Notice (which was contained in the Notice that was mailed to you along with your Claim Form, and is available for review on the Settlement website, www.hpseciiritieslitigationsettlement.com), the transactions included in the Claim Form for the Claim referenced on the first page of this notice do not calculate to a Recognized Loss, and, therefore, the Claim is not eligible to receive a recovery from the Net Settlement Fund.
Please note that your "Recognized Loss" is not intended to equal your actual "market loss" (the amount of money you actually lost), therefore it is possible that you lost money but still have no "Recognized Loss" under the Court-approved Plan of Allocation.
HOW TO RESOLVE: Unless you had purchases of eligible Hewlett-Packard Company ("HP") common stock during the Settlement Class Period (i.e., between August 19, 2011 and November 20, 2012) that are not included in the Claim Form you submitted, and/or your holding position(s) were incorrectly set forth, this is NOT a curable deficiency.
If you did have eligible purchases of HP common stock that were not reflected in your original submission and/or your holding position(s) were incorrectly set forth, you must submit all of the information and supporting documentation for those purchases and/or holding position(s) as called for in the Claim Form as well as documentation to support the disposition or retention of those additional shares. All transactions and holding positions in your Claim Form must be properly documented. Specifically, the supporting documentation must reflect the purchase/sale date for each transaction, the number of shares purchased/sold in each transaction and the price paid/received per share in each transaction. With respect to the required "holding" position(s), the documentation need only support the number of shares held as of the datsfc) set forth in Claim Form. Acceptable documentation includes securities broker's confirmation slips, month and year-end account statements or similar documentation (handwritten or self-generated documents are not acceptable).
PLEASE NOTE: Curing this deficiency is an absolute requirement in order for the Claim to be eligible. If there are other deficiencies in the Claim and they are cured, the Claim still will not be eligible, even for "partial acceptance," unless you had additional purchases of HP common stock that are properly documented which would result in the Claim calculating to a Recognized Loss under the Court-approved Plan of Allocation.
***
If you do not intend to supply additional information/documentation, and you still disagree with die determination, you may request Court review of the determination. To request Court review, you must send a letter to the claims administrator within twenty (20) days of the date of this letter and it must: (1) specifically state that you "request that the Court review the rejection of your claim," (2) state your argument(s) for why your claim should be accepted, (3) attach any supporting documents you may have to support your argument, and (4) be signed. Please also include a copy of this letter when requesting Court review of the rejection of your claim. Your claim and its administrative rejection will be presented to the Court for review.
UPON RECEIPT OF SUPPORTING DOCUMENTATION, YOUR CLAIM WILL BE RE-REVIEWED TO DETERMINE WHETHER OR NOT YOUR CLAIM HAS BEEN CURED.
COURT REVIEW MAY BE REQUESTED IF YOU DISAGREE WITH THE DETERMINATION TO REJECT YOUR CLAIM.
AS A REMINDER, THIS IS THE ONLY NOTICE THAT YOU WILL RECEIVE REGARDING THIS REJECTION.
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 11 of 175
PART lit - SCHEDULE OF I KANSAUIIUNS IN liK UUMMUIN o I UUf\
3^0 BEGINNING HOLDINGS: Number of shares of HP common stock held at the dose of trading on August 18,2011. If none, write "zero" or "0".
A. 4
Shams
PURCHASES/ACQUISITIONS: Purchases or Acquisitions of HP common stock from August 19, 2011 to Febmary 15, 2013, ihdusfve (which Endudes the KJ-day took back period)1. (Must be documented.)
a
Trade Date(6) of PtfttoatayftcquMBcnft)
pjatOimmfciuharily MonOWDsyAbar}
PlmiTasa/Aoqutaauii Prlea Par Sera of HP Common Stock
Number of Shares of HP Common Sine* nadiasedfAcqidred
AtHJJHyuto Cost (ffltrlutflng comnttatoBt,
taxes and feas)
7 f $ 0 . 0 o 1 o / o 1 M - 3 o 5* 0 o / /
/ /
/ /
/ /
SALES: Sales of HP common stopkifcm August 19,2011 to February 15,2013, inclusive (which includes the 90-day look back period), (^usfro documented.)
c.
Sais Price Per Sham c* HP Caranon
Stock
Amoul Received (fturiudlnfl canmbslma.
teocBs and fees)
Nundwirf Shams ofMPCannnn
Stndi Sdd
Qats(B) of Ssie^a) (Lis) OimnOtogitaBy)
(Monlh/Day /Vear)
h & - ^ 0
^ o o . o-e
U o o • D o 04 M o > /I"5
5^
Jyoo " / /
/
/
UNSOLD HOLDINGS: Number of shares of HP common stock held at the dose of trading on February 15,2013 ((he last day of the 90-day look back period). If none, write "zero" or *0". (Must be documented.) '
D. 350 Shares
ydtir purchases and amuteflions d HP common stock between November 21.2012 punjiases and acquisffions during Pita period. htMBver, are noieUgibte to partte^iate
the Stdtfflmanl Ctass Period (Le„ August 19.2011 to Noiraniber 20,2012. frdusWe) and will Claim pursuant to B»
' Pie aso note: As set Itarth etMwa. faitomaOtn requested with respect end Fetwuary tS. 2013. mdusfre. needed tn order En teianos ^ En the Settlement as these purdesaG and aoq^siSns i '
not he used for purposes of caiculaftia your ~ '
IFVCM-r I NFFn AnnmhKlAI ftPACF-TO IIRT YfllJR TRANSACTIONS YOU MUST
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 12 of 175
PARTJII - SUHfcUULfc Ul- l KANdMO I IUWO iw nr OUMMWI* O I yj^r\
BESNNlNG HOLDmGS: •Number Gt shares^of-'HP«comiTion-'9tock;!Heldiat the..ctose»of: f,' tradmg on'August lS. OII.;tf none-write^"zeror;ar.TOT..
YN •» i rSKares.
V 1
PURCHASE ACQUISmONS Purchaser-oc Aoqu ions ,of;:HP^ .mmmon .stocft .fiwn .Augist19,:2D11' to Febru^15,r2D13r-irailu (wMA^ndudes^a) ^^ ii :pe )!:-(MuatectocurTOTT ! -
;• B. i )
•: •'
TraiteDalB(B)af-•ITUTCliaratByAaiulaflto^o),'
(UsLChitamk lafly-'MortHnayfYesa):
.Numtm.aSetBSOf ~ HP ConuTumStixk • ^RkadosfidMoqidred-.
PuretesefAnjutsfflon PrioB--P^-ShamoTHP-
•ConsnonStaEk'
•ABBregsteCosl' -(eatriuft^conurteatana..
:1am andfses)'
%
71 S'-G-.-.O ft • f wcr^r Cl 1 \. <e-
I /-/;
V
< f -SALE&SalesDfHPujiiunuiistpckfrpm'AufflBtl^^ltoT^miary 15/2013,ii^usi^'(whichiiKjijd^:the SOrday.took.back.psnDd); (Must'bedocumwrted^
- • -C:.
:3aiBPtfceftg QBTB of. HP CcsnoBn >
Aironnt Racrtnal. . (ewhidfng.oommisatons,,
taxes anid fees)-
•Numteiafasres: , .ta-hPCmmm:
S&aCkSaU
•DatB(B) of Seislfl)' .(LtstChronotogicaay);
(MartWDaj/YeaO,
:8H: D O .;P @-• •• dri.H'fl.J 1:%. ;/.*
:/:
UI'SQtPiHOLPINGS^Nnmberaf.sharesQfiHPcoinnwistockheki.attfie.ctose.of,trading. , ^on.FetnTmrylS^2(M3\(^lastd^'<rft^9O7^ay'toQk.back,perfod)^ lfnane,lwrit0;°zerb";of '' *0?. .(Must'bedocumentett), •;
* O . .
Shares
-< Mnunn rate; Aas8tftnth,above.v(nfDniBfitvrrBquasted.vriIli:(BEpect tDytnffipmchases g^ tc^ufaflitaaqf.HR enmiiinn stocktaebtfeaniikivBmbej-.ZI. a'lZ amt Cohniaty IS OTia, inrtmdua h» naotted hi ntitef tfthBtennftynnrrfarnv ptnEhaseft Hnd arqilteifinns during flHsnBrinri.'-hO»gV«.HIU11UldldttfatoaamdualH-
' m1hBSetttemsntasth8apiin»asegand agprisHtapfflaoiasiifagp SrttementCtaB3Period (taJ.'Au ist19;2D11:tDNovamber2fl, 20lS &)du5iv8)antfwll' rtfrt«Mi..qirt<hrpnpicoe»ifrg*»ifeiTih;jyragP»i«pjii»rinrimpm3cmtlnfl»H5mf<AfciniHrBfc
r IF vnt I MFFn AnnmOM^f PP^rc TO 1IQT YO1 iP TDAki^AmynhiQ YOU MUST
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 13 of 175
Aug" 08, 2016 To: In re HP Securities Litigation Settlement
c/o GCG
Claims Administrator
P.O. Box 10224
Dublin, OH 43017-5724
Request for Court review Re: Claim Number 3751
Dear Sirs,
We hereby request for Court review concerning Claim Number 3751, we have submitted on Oct'21, 2015.
In mistake, with no intention, we mixed up with Dates definition that caused us claim for 850 shares instead of 350 shares.
The mistake occurred since we used to form Dates definition in a different way compared to file requirement (dd/mm/yyyy Vs. mm/dd/yyyy).
We are deeply apologize for the harassment, and ask to re-consider our claim, in a Court review procedure.
Therefore, we attached the REVISED relevant form to replace the INCORRECT document formerly submitted (attached as well).
i
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 14 of 175
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 15 of 175
Tiffany Speakman
HWDInfo Wednesday, December 21, 2016 11:34 AM HWDInfo; RE: HP Securities Litigation Settlement Claim 3751
From: Sent To: Subject:
Dear Claimants,
We are following up with the previously sent email.
Please review the Plan o/A//ocatfon and reply to the email to confirm the withdrawal of your request for the Court to review your claim. .
If you have any questions, please contact us.
Regards,
Administrator (LS) In re HP Securities Litigation Settlement www.HPSecuritiesLitieationSettlement.coni
This communication (including any attachments) is intended for the use of the intended recipient(s) only and may ' . . •• contain information that is confidential, privileged or legally protected. Any unauthorized use or dissemination of this .. communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender by return e-mail message and delete all copies of the original communication. Thank you for your cooperation
From: Luiggy Segura Sent: Monday^ctobe^4^01M^2^M To: HWDInfo; Subject: RE: HP Securities Litigation Settlement Claim 3751
Dear Claimants,
I am following up with the previously sent email. Please see below.
If you have any inquiries, please feel free to contact me.
Thank you.
Luiggy Segura Project Supervisor, Operations
GOG" Garden City Group, LLC 1985 Marcus Ave. Lake Success, NY 11042 1:631-470-5156 [email protected] | www.qardencUvQroup.com
1
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 16 of 175
!?<
From: HWDlnfo Sent Tuesday. October 18. 2016 12:10 PM To: Cc: HWDlnfo Subject: HP Securities Litigation Settlement Claim 3751
Dear Claimant(s),
This email is regarding your request for the Court to review your claim for the HP Securities Litigation Settlement Fund. Please note that according to the Court-Approved Plan of Allocation, your claim is not calculating to a Recognized Loss. Specifically, your claim was processed based on paragraphs 8, part C section iii and part D section ii of the Court-Approved Plan of Allocation.
For your convenience, attached is the Notice for the HP securities Litigation Settlement Fund.
Please review the Plan of Allocation and reply to the email to confirm the withdrawal of your request for the Court to review your claim.
If you have any further inquiries, please contact us.
Regards,
Administrator (LS) In re HP Securities Litigation Settlement www.HPSecuritiesLitigationSettleinent.com
This communication (including any attachments) is intended for the use of the intended recipient(s) only and may contain information that is confidential, privileged or legally protected. Any unauthorized use or dissemination of this ' communication is strictly prohibited. If you have received this communication in error, please immediately notify the' sender by return e-mail message and delete all copies of the original communication. Thank you for your cooperation .
2
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 17 of 175
Tiffan^Sgeakman
Edyta Czaplicka Thursday, December 22, 2016 5:16 PM DublinTasks FW: HP Securities Litigation Settlement Claim 3751
From: Sent: To: Subject:
Tiffany Categories:
Please scan to ATF in HWD
Edyta Czaplicka Project Manager, Operations 631-470-1839 • [email protected]
Garden City Group. LlC 1985 Marcus Ave. Lake Success, NY 11042
Partner with Performance®
From: HWDInfo Sent: Wednesday, December 21, 2016 11:34 AM To: HWDInfo; Subject: RE: HP Securities Litigation Settlement Claim 3751
Dear Claimants,
We are following up with the previously sent email.
Please review the Plan of Allocation and reply to the email to confirm the withdrawal of your request for the Court to review your claim.
If you have any questions, please contact us.
Regards,
AdTninistrator (LS) 1 .. In re HP Securities Litigation Settlement www.HPSecuritiesLitigationSettIement.com
i I
This communication (including any attachments) is intended for the use of the intended recipient(s)bn!y and may ' " contain information that is confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender by return e-mail message and delete all copies of the original communication: Thank you for your cooperation 5 .
i
From: Luiggy Segura 1 Sent: Monday, October 24, 2016 4:20 PM
i
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 18 of 175
& L-;-.
To: HWDInfo;| Subject: RE: HP Securities Litigation Settlement Claim 3751
' Dear Claimants,
I am following up with the previously sent email. Please see below.
.If you.have any inquiries, please feel free to contact me.
Thank you,
LuiggySegura - Project Supervisor, Operations
GCG': Garden City Group. LLC , 1986 Marcus Ave. Lake Success, NY 11042 1:631^70-5156 [email protected] | www.QardencitVQrouo.com
From:.HWDInfo " Sent: Tuesday, October IB, 2016 12:10 PM To: Cc: HWDInfo
• . Subject: HP Securities Litigation Settlement Claim 3751
Dear Claimant(s),
This email is regarding your request for the Court to review your claim for the HP Securities Litigation Settlement Fund. Please note that according to the Court-Approved Plan of Allocation, your claim is not calculating to a Recognized Loss. Specifically, your claim was processed based on paragraphs 8, part C section iii and part D section ii of the Court-Approved Plan of Allocation.
For your convenience, attached Is the Notice for the HP securities Litigation Settlement Fund.
Please review the Plan of Allocation and reply to the email to confirm the withdrawal of your request for the Court to review your claim.
If you have any further inquiries, please contact us.
' Regards,
' Administrator (LS) . In re HP Securities Litigation Settlement www.HPSecuritiesLitigationSettIement.coin
This communication (including any attachments) is intended for the use of the intended recipient(s) only and may contain information that is confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received this communication In error, please immediately notify the sender by return e-mail message and delete all copies of the original communication. Thank you for your cooperation
2
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 19 of 175
EXHIBIT D-2
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 20 of 175
£
HWD • Must be Postmarked
No Later Than October 31, 2015
In re HP Securities Litigation Settlement c/o GCG
Claims Administrator P.O. Box 10224
Dubffn, OH 43017-5724 (888) 985-9382
www.HPSecuritiesLitigationSettlement.com i
HirfE HWDD253717275 Sft*
f DIGIT 100 o Claim Number: 01452719 ..6 & i
Control Number; 2BB2715502 i
PROOF OF CLAIM FORM
TO BE ELIGIBLETO RECEIVE ADISTRIBUTION FROM THE SETTLEMENT FUND CREATED IN THIS ACTION, YOU MUST MAIL YOUR COMPLETED AND SIGNED CLAIM FORM TO THE CLAIMS ADMINISTRATOR POSTMARKED • ON OR BEFORE OCTOBER 31, 2015 TO THE ADDRESS SET FORTH AT THE TOP OF THIS PAGE.
FAILURE TO SUBMIT YOUR CLAIM FORM BY THE DATE SPECIFIED WILL SUBJECT YOUR CLAIM TO REJECTION AND MAY PRECLUDE YOU FROM BEING ELIGIBLE TO RECOVER ANY MONEY fN CONNECTION WITH THE SETTLEMENT.
DO NOT MAIL OR DELIVER YOUR CLAIM FORM TO THE COURT, THE PARTIES TO THIS ACTION, OR THEIR COUNSEL. SUBMIT YOUR CLAIM FORM ONLY TO THE CLAIMS ADMINISTRATOR AT THE ADDRESS SET rORTH ABOVE.
PAGE# TABLE OF CONTENTS
2 PART I - CLAIMANT IDENTIFICATION
3-4 PART II - GENERAL INSTRUCTIONS
PART III - SCHEDULE OF TRANSACTIONS IN HP COMMON STOCK 5
PART IV - SUBMISSION TO JURISDICTION OF COURT AND ACKNOWLEDGEMENTS 6
6 PART V - DEFINITIONS AND RELEASE
7 PART VI - REPRESENTATIONS
8 REMINDER CHECKLIST
Important - This form should be completed IN CAPITAL LETTERS using BLACK.or DARK BLUE bailpolnt/fduntain pen. .Characters and marks used
s h o u l d b e s i m i l a r i n t h e s t y l e t o t h e f o l l o w i n g : • ' / J . : • 1 • ' ' • ' •
fcfBlClSiETTTEylFro 112I3T4I5I6171Q
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 21 of 175
2
PART I - CLAIMANT IDENTIFICATION
• • • . v . . . Claimant or Representative Contact Information: :
The Claims Administrator willuse this information for all communications relevant to this Claim (including the check; if eligible for payment);' If this information changes., vou MUST notify the Claims Administrator in writina-al the address above. ^ >' •'
Claiman^arnefsWa^o^wDul^ik^h^iamefsH^pp^ check, if eligible for payment: > ' * ? ' •
u ...
Street Address:
Last 4 digits of Claimant SSNmN.1 City:
rrrn State: Zip Code: , Country (if Other than U.S.):
I Name of the Person you would like the Claims Administrator to Contact Regarding this Claim (if different from the Cla imant Namefs) l is ted ab6ve : ) y ; ^ ' • * - - ; - S
*»Ji» •»*
Evening Telephone Number: , . Daytime Telephone Number: • rm m-nm-rm •m-cn Email AddreSS (Email address Is not required, but If you provide H you authorin the Claims Admlnbtraiw to uveH Iri proving you wtth Infonnation relevanl (o this claim,) .
NOTICE REGARDING ELECTRONIC FILES: Certain claimants with large .numbers bf .transactions, may, request to, or may be requested (o, submit information regarding their transactions in electronic files. To obtain the mandatory electronic filing and file layout, please visit the Settlement website at-www.HPSecuritiesLitigationSettlement.com or you may e-mail the Claims Administrator's electronic filing department at eClaim<a)QardencitvQrouQ.cQm. Any file not in accordance with the required electronic filing format will be subject to rejection. No electronic files will be considered to have been .property submitted unless the Claims Administralor issues an email after processing your file with your claim numbers and respective account information. Do not assume that your file has been received or processed until you receive this email. If you do not receive such an email within 10 days of your submission, you should contact the electronic filing department at eClaim(a>Qa'rdencitvarouD.com to inquire about your file and confirm it was received and acceptable.. ' .
To view Garden City Group, LLC's Privacy Notice, please visit http,.//www.gardencitygroup.com/privacy .
The last four digits of the taxpayer identirication number (TIN), consisting of a valid Social Security Number (SSN) for individuals or Employer Identification m Number (EIN) for business entities, tmsls, estates, etc., and tefephone number of the beneficial owner(s) may be used in verifying this claim.
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 22 of 175
3
PART II - GENERAL INSTRUCTIONS
A. " To recover as a member of the Settlement Class.based on y^r claim in the action entitled In, re HP Securities Litigation, No. 3:12-cv-0598d-CRB (the "Action"), you must complete this Proof ofpjaim Form .("Claim Forrn"). If you fail to submit a Claim Form by the'deadfine, your claim may be'rejected and you may be precluded from any recoveiy from the Settlement Fund created •in-cdnnedionwith the'proposeds'ettlement'of the 'Action' ("Settlement")/as set forth" ih^the,Stipulation of Settlement and Release daled June8,2015 ("Stipula'fion").'' ' ' 1 • •• • * 1 . •
" n - ' ' ' v i * )• * y
B! ' Submission of this Claim' Form, however, does not ensure that you will share in the proceeds of the Settlement Fund created in this Action.
TO BE ELIGIBLE TO RECEIVE ADISTRIBUTION FROM THE SETTLEMENT FUND CREATED IN THIS ACTION, YOU MUST MAIL YOUR COMPLETED AND SIGNED CLAIM FORM TO THE CLAIMS ADMINISTRATOR POSTMARKED ON OR BEFORE OCTOBER 31, 2015, ADDRESSED AS FOLLOWS:
In re HP Securities Litigation Settlement , • , . - w c/o GCG . " •
Claim Administrator P.O. Box 10224
Dublin, OH 43017-5724
* i * - .
If you are NOT a member of the Settlement Class, as defined in the Notice of Pendency of Class Action and Proposed SetUement, Settlement Fairness Hearing and Motion for Attorneys' Fees and Reimbursement of Litigation Expenses (the "Notice"), then DO NOT submit a Claim Form.
D.
E. If you are a member of the Settlement Class as defined in the Notice and do nol timely request exclusion from the Settlement Class, you are bound by the terms of any judgment entered in the Action, WHETHER OR NOT YOU SUBMIT A CLAJM FORM. . .... . .... - « T i - .
INSTRUCTIONS FOR CLAIMANT IDENTIFICATION SCHEDULE-v-^v
A. . This Claim Form must be submitted by the beneficial purchaser or acquirer of the publicly traded Hewlett-Packard Company ("HP") common stock upon which this claim is based, or by the authorized legal representative of such purchaser or acquirer. • • « ' •
If you purchased or otherwise acquired publicly traded HP common stock between August 19,2011 and November 20, 2012, inclusive (the "Settlement Class Period"), and held the stock in your name, you are the beneficial purchaser or acquirer as well as the record purchaser or acquirer. If, however, the stock was registered in the name of a third party, such as a nominee or brokerage firm, you are the beneficial purchaser or acquirer and the third party is the record purchaser or acquirer.
g
• - - C . • U s e " P a r t I " o f t h i s f o r m ( a b o v e ) e n t i t l e d " C l a i m a n t I d e n t i f i c a t i o n " t o i d e n t i f y t h e b e n e f i c i a l p u r c h a s e r o r a c q u i r e r o f t h e r H P c o m m o n s t o c k ' w h i c h f o r m s t h e b a s i s o f t h i s ' c l a i m . • • - * " * ' • J - * • • •
Please Note: A separate Claim Form should be submitted for each separate person or legal entity (e.g., a Claim Form from joint owners should not include separate transactions of just one of the joint owners, and an individual should not combine his or her IRA transactions with transactions made solely in the individual's name). Conversely, a single Claim Form should be submitted on behalf of one legal entity that includes all transactions made by that entity no matter how many separate accounts that entity has (e.g., a corporation with multiple brokerage accounts should include all transactions in HP common stock on one Claim Form, no matter how many accounts were associated with the transactions).'
All joint purchasers/acquirers must sign.thi^Claim Form. • • • • ' • . t . • . . o ; : . If you are acting in a representative capacity on behalf of a Settlement, Class Member, such as an executor,
administrator, guardian, conservator, trustee or other,legal representatives, you must complete and sign this Claim Forrn on behalf of persons orentities-so represented. Satisfactory evidence.of your authority must accompany this.Claim Form and your titles or capacities must be stated. The last four digits of the Social Security (or taxpayer identification) number and telephone number of the beneficial owner may be used in verifying the claim. Failure to provide the foregoing information could delay verification of your claim or result in rejection of your claim.
D.
I
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 23 of 175
4
PART II - GENERAL INSTRUCTIONS (CONTINUED)
INSTRUCTIONS FOR SCHEDULE OF TRANSACTIONS
Use "Part III" of this form (below) entitled "Sche'dule of Transactions in HP Common Stock" to supply all required-, details of your transaction(s) in and holdings of HP common stock. If you need .more space, attach separate sheets giving.all of ., the required information in substantially the same form. 'Sign-and print or type your name on each additional sheet.
Please provide all of the requested informalion with respect to a//of your purchases, acquisitions and sales of HP common stock, regardless of whether such transactions resulted in a profit or a loss. Failure to report all such transactions may result in the rejection of your claim. Please note: only HP common stock purchased or otherwise acquired during the Settlement Class Period (i.e., the period between August 19, 2011 and November 20, 2012, inclusive) is eligible to potentially recover under the Settlement. However, because information regarding your sales of HP common stock during the period from November 21, 2012 to February 15, 2013, inclusive (the "90-day look back period"), will be used for purposes of calculating your Recognized Claim under the Plan of Allocation contained in the Notice, information with respect to your purchases and acquisitions of HP common stock during that period as well as your holdings of HP common stock at the dose of trading on February. 15, 2013 is needed in order to balance your claim. While your purchases and acquisitions during the 90-day look back period will not be' used for purposes of calculating your Recognized Claim pursuant to the Plan of Allocation, the information is necessary in order to process your claim.
C. List each transaction separately and in chronological order by trade date, beginning with the earliest, You must accurately provide the month, day, and year of each transaction you list.
Copies of documents evidencing your transactions in and holdings of HP common stock (such as broker confirmations) must be attached to your Claim Form. Failure to provide this documentation could delay verification of your claim or result in rejection of your claim. .
D.
The-above • requests are designed to provide the minimum amount of-information-necessary to process the' simplest claims. The Claims Administrator may request additional information as required to efficiently and reliably calculate your losses. Jf the Claims Administrator cannot perform the calculation accurately or at a reasonable cost to the Settlement Class with the information provided, the Claims Administrator may condition acceptance of the claim upon the production of additional information and/or your agreement to pay any increased costs due to the nature and/or scope of your claim.
i
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 24 of 175
5
PART III - SCHEDULE OF TRANSACTIONS IN HP COMMON STOCK
zfgpjg A. BEGINNING'HOLDINGS: Number of shares of HP common .stock held at the dose of trading on August 18,2011. If none, write "zero" or "O". • • •
>, '. Shares , .
PURCHASES/ACQUISITIONS: Purchases or Acquisitions of HP common stock from, August 19, 2011 to ' February 15,2013, inclusive (which includes the 90-day look back period)1. (Must be documented.) '
Trade Date(s) of Purcbase(syAcquisilion(s)
(List Chronologically Monlh/Day/Veer)
Number of Shares of HP Common Stock Purchased/Acquired
Purchase/Acquisition Price Per Share of HP Common Stock
Aggregate Cost (excluding commissions,
taxes and fees)
•m . rmm .•CDCD •Cnd-CD •' iximirrj
? iTTTITTHr i
MOT/QDJ •..qg'.pp'[xi: riD'iiC'nj ffl'/QH/OD rE/m/m
' > ' - -
SALES: Sales of HP common stock from August 19, 2011 to February 15,2013, inclusive (which includes the 90-day look back period). (Must be documented.) ,
rt;—s'r Tr-J-S-aSJ-VJITfe, J.TT. , Amount Received
""-Tr-.i. Dale(s) of Sale(s)
(List Chronologically) (Month/Day /Year)
Number of Shares of HP Common
Stock Sold
Sale Price Per Share of HP Common
Slock (excludlngcommlssions,
taxes and fees)
EMI' •. M?; L^i tDto'DD •D'CD'CI]; romm • ma
wmm d.tn
mn.m ED.m
m.m DED i /
UNSOLD HOLDINGS: Number of shares of HP common stock held at the close of trading on February 15,2013 (the last day of the 90-day look back period). If none, write "zero" or "0". (Must be documented.)
E1M3 D.
Shares
1 Please note: As set forth above, information requested with respect to your purchases and acquisitions of HP common stock between November 21, 2012 and February 15, 2013, inclusive, Is needed in order to balance your claim; purchases and acquisitions during this period, however, are not eligible to participate in the SeWemenl as these purchases and acquisitions are outside the Settlement Class Period (i.e.. August 19,2011 to November 20.2012, inclusive) and will not be used for purposes of calculating your Recognized Claim pursuant to the Plan of Allocation.
IF YOU NEED ADDITIONAL SPACE TO LIST YOUR TRANSACTIONS YOU MUST. - : . PHOTOCOPY THIS PAGE AND CHECK THIS BOX Q
IF YOU DO NOT CHECK THIS BOX THESE ADDITIONAL PAGES WILL NOT BE REVIEWED
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 25 of 175
. YOU MUST READ .'THE SECTION ENTITLED "DEFINITIONS AND RELEASE" AND SIGN THE SECTION ENTITLED "REPRESENTATIONS' QN PAGE 7. FAILURE TO SIGN MAY RESULT IN A DELAY IN
. . PROCESSING OR THE REJECTION OF YOUR CLAIM. " PART I V- SUBMISSION TO JURISDICTION OF COURT AND ACKNOWLEDGMbNTS. . I, = ir'.v .. ' 1 r 1 i* - -rr- - y vi.- T - i \ — —< i, —... — —; r «
1.. . .1 (We) submit thfs.Proof of Claim .Form under (he terms of the Stipulation of SetUement and Release describecf in.the .Notice. I (We) also submit to the jurisdiction of the United Stales District Court for" the Northern District of California with respect to.my (our) claim Settlement Class Member and for purposes of enforcing the release set forth herein and any Judgment which may be entered in the Action. I (We) further acknowledge that I (we) am (are) bound by and subject to the terms of any Judgment that may be entered in,the Action.,
') •
as a
1 (We) agree to furnish additional information to the Claims Administrator to support this claim if required to do so.
lit PART V - DEFINITIONS AND RELEASE y
• • 1. ' I (We) hereby acknowledge full and complete satisfaction of, and do hereby fully, finally, and forever settle, discharge, and release aN "Settled Claims" against all "Released Parties,-including "Unknown Claims," as defined below. " • ' •
• • • (a).,-... "Settled.Clairns''..means any and all claims, rights, demands, liabilities, suits, matters,.issues, debts, obligations, losses and causes of action of every nature and description, whether fixed or contingent,.accrued or unaccrued, liquidated or unliquidated, at law, or in equity, matured or unmatured, class or individual in nature, suspected or unsuspected, concealed or hidden, whether known claims or Unknown Claims (as defined herein),- whether, arising under federal, state, .foreign, or common law, that Lead Plaintiff or any other member of the Settlement Class: (a) asserted in the Complaints or could have asserted in any forum that arise out of or are based upon the allegations, transactions; facts, matters or occurrences, representations, or omissions involved, set forth, or referred to in the Complaints and (b) that relate to any purchase or acquisition of HP common stock from August 19, 2011 through November 20, 2012, inclusive. Settled Claims shall not include any claims: (i) that members of the Settlement Class may have arising solely under ERISA, including without limitation in the action captioned In re HP ERISA Litigation, No. C-12-6199 (N.D. Cal.). (ii) that members of the Settlement Class may have solely in a derivative capacity, including without limitation in the action captioned In re HP Shareholder Derivative Litigation, No. C-12-6003 CRB (N.D. Cal.), or (iii) lo enforce the terms of the Settlement. For the avoidance of doubt,. Settled Claims shall also exclude any and ail claims referenced in paragraph 8 of the Stipulation.
"Released Parties" means collectively, all Defendants and their Related Parlies. . .
"Related Parties" means, (1) with respect to HP, its predecessors, successors, past,.present or future parents, subsidiaries, and affiliates (including without "limitation "Aulonomy CorporationtimitedrAuto'nomy Systems "Limited,"an*d Autonomy Inc., (collectively, the "Autonomy Entities")), SpinCo and its predecessors, successors, past, present or future parents, subsidiaries, and affiliates, and, with respect Jo HP. SpinCo and the Autonomy Entities, each of their respective past or present officers, directors, agents, partners, principals, members, employees, attorneys, advisors, auditors and-accountants, insurers and reinsurers, and any firm, trust, corporalion, or other entity in which HP, SpinCo or the Autonomy Entities has or had a controlling interest; (2) with respect to the Individual Defendants, their respective spouses; marital community, immediate family members, heirs, successors, executors, estates, administrators, attorneys, accountants, personal representatives, trusts and any other entity in which any of them has a controlling interest, and as to such entities, each and all of their predecessors, successors, past, present or future parents, subsidiaries, affiliates, and each of their respective past or present officers, directors, shareholders, agents, partners, principals, members, employees, attorneys, advisors, trustees, auditors and accountants, insurers and reinsurers. For the avoidance of doubt, Sushovan Hussain, Qatalyst Partners and Deloitte U.K. LLP shall also be included within the definition of Related Parties, as they were formerly an employee, advisor, or accountant, respectively, affiliated with one or more of the Autonomy Entities. .
. ' I . f • • '1 •
"Unknown Claims" means any and all Settled Claims which Lead Plaintiff and/or any other Settlement Class Member does not know or suspect to exist in hjs, her or its.favor atUie time of the release.of such claims, and any Released parties' Ctairns.which-thejSeRlmg Defendants or any other Released Party does not know or suspect to exist in his, her or its favor at the time of the release of such ciaims, which if known by him, her or it might have affected his, her or its decisions) with respect to the Settlement. With respect to any and all Settled Claims and Released Parties' Claims, the Settling Parties stipulate and agree that upon the Effective Date, Lead Plaintiff and the Settling Defendants shall expressly waive, and each other Settlement Class Member and each other Released Party shall be deemed to have-waived, and by Operation of the Judgment shall have expressly waived, any and all provisions, rights and benefits conferred by any law of any state or territory of the United States, or principle of common law, which is similar, comparable, or equivalent to Cal. Civ. Code § 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exrst In his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Lead Plaintiff and Settlement Class Members acknowledge, and by operation of law shall be deemed to have iackribwledged, that they may hereafter discover facts in addition to or different from those which, he, she or it now knows or believes to be true with respect to the subject matter of the Settled Claims,- but Lead Plaintiffshan'expressly, fully, finally and forever settle and release,"arid each Settlement Class Member, upon the Effective Date, shall be deemed to haver and by .operation of'tfie Judgment shall have fully, finally, and forever settled and released any and all Settled Claims, whether known or unknown, suspected or unsuspected, concealed or hidden, that now exist, or heretofore, existed, or may hereafter-exist, and without regard to the subsequent discovery or existence of such different or additional facts. Lead Plaintiff and the Settling Defendants acknowledge, and each other Settlement Class Member and each other Released Party by operation of law shall be
(b)
(c)
(d)
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 26 of 175
7
PART V - DEFINITIONS AND RELEASE (CONTINUED) deemed to have acknowledged, that the inclusion of "Unknown Claims" in the definition of Settled Claims and Released Parties' Cfaims was s e p a r a t e l y b a r g a i n e d f o r a n d w a s a k e y e l e m e n t ' o f . t h e S e t t l e m e n t ! i i j L \ . ' " r 0 > L v " < • «
This release shall be of no.force or effect unless arid until the.Court gives^final approval to the Settlement and the Effective Date VccOrsV'
' •' •. "-'i. ' ' ! * i* ' C"
' PART VI - REPRESENTATIONS , ' 'r- r ' , i1t-t.r"*-* .nj rrr
I (We) hereby warrant and represent that I (we) have not assigned or transferred or purported to assign or transfer, voluntarily or involuntarily, any matter released pursuant to this release or any other part or portion thereof. • -
1 (We) hereby warrant and represent that I (we) have included information about all of my (our) purchases, acquisitions and sales transactions in HP common stock which occurred from August 19, 2011 to February 15,2013, inclusive, as well as the number of shares of HP common stock held by me (us) at the close of trading on August 18, 2011, and the close of trading on February 15. 2013. ..
•. .I (We) certify that I am (we'are) not subject to backup withholding under the provisions of Section 3406(a)(1)(C) of, the Internal Revenue Code..?- U "" -t- ;-T'. - • ••• •. * " ••i":- •>' •• r-'1 • :Vrv~ '• -
; • i 1 i * • t» 11
• .-NOTE: If you have been notified by the Internal Revenue Service that you are subject to backup withholding, please strike out the language that you are not subject to backup withholding in the certification above.' < ' '
I declare under penalty of perjury underthe laws of the State of California and the United States of America that the foregoing information suppfied by the undersigned is true and correct and (hat this Proof of Claim Form was ' '
Executed this itf & in .(Month) (Year) ' :ity, State, Country).
Signature of Claimant (if this ciaim Is being made on behalf of Joint Claimants, then each must sign.)
h-'t'-f;"-*" —*" -T:-—'
"r '• : • ' ignaiure or uaimanr^
9 (3011 • V
Date Print Name of Claimant,
Signature of Joint Claimant, if any
I Date i
' ' ' ' I f C l a i m a n t i s o t h e r t h a n a n i n d i v i d u a l , o r i s n o t t h e p e r s o n c o m p l e t i n g t h i s f o r m , t h e ' f o l l o w i n g a l s o m u s t b e p r o v i d e d : ' '
Print Name of Joint Claimant, if any
Signature of Person Completing Form '
Date. Print Name of Person Completing Form
Capacity of person signing on behalf of claimant, if other than an individual, e.g., executor, president, trustee, custodian, etc.
i
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 27 of 175
• v.:
8
REMINDER CHECKUST
Please sign the Representations section of the Claim Form on Page 7.
If this claim Is being made on behalf of joint claimants, both musl sign.
Remember to attach supporting documentation.
Do not send original stock certificates or documentation. These items cannot be returned to you by the Claims Administrator
i
Please do not highlight or use red pen on any portion of the Claim Form or any supporting documentation.
5.
Keep a copy of your Claim Form and all documents submitted for your records. 6.
The Claims Administrator will acknowledge receipt of your Claim Form by mail, within 60 days. Your claim is not deemed filed until you receive an acknowledgement postcard. If you do not receive an acknowledgement postcard within 60 days, please call the Claims Administrator.
If your address changes in the future, or if this Claim Form was sent to an old or incorrect address, please send the Claims Administrator written notification of your new address. If you change your name, please inform the Claims Administrator.
8.
If you have any questions or concerns regarding your claim, please contact the Claims Administrator at the address below or toll-free at (686) 985-9382, or visit www.HPSecuritiesLitigationSettlement.com.
g
THIS CLAIM FORM MUST BE MAILED, POSTMARKED NO LATER THAN OCTOBER 31, 2015, ADDRESSED AS FOLLOWS:
In re HP Securities Litigation Settlement c/oGCG
Claims Administrator P.O. Box 10224
Dublin, OH 43017-5724
l
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 28 of 175
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 29 of 175
In re HP Securities Litigation Settlement c/o GCG Claims Administrator P.O. Box 10224 Dublin, OH 43017-5724 (888)985-9382 H WD02943 7 6086
Mailing Date: July 25, 2016 RESPONSE DUE DATE: August 15, 2016 Claim No: 1452719
Eligible Securities/CUSIP: HP Common Stock/428236103
Class Period: 8/19/2011 through 11/20/2012, inclusive
NOTICE OF REJECTION OF YOUR ENTIRE CLAIM
THIS IS THE ONLY NOTICE YOU WILL RECEIVE WITH RESPECT TO THIS CLAIM
Dear Claimant(s):
We have received and processed the Proof of Claim Form ("Claim Form") that you submitted in connection with the In re HP Securities Litigation Settlement. Based on our review of the Claim Form and documentation you submitted (if any), your Claim has been conditionally rejected in its entirety pursuant to the terms of the Court approved Settlement.
Your Claim may have been rejected for one or more reasons. If you wish to cure your Claim, please review the attached "Rejection Reason(s)" document and respond accordingly. Please note the following when responding:
You must include a copy of this notice with any response and reference your Claim Number on all submissions. Your response must be received or postmarked no later than the Response Due Date noted above. If you fail to respond by the Response Due Date, or your response fails to cure the rejection reason(s) identified, your Claim will be rejected in its entirety.
Please take a moment to read What You Need to Know which is enclosed with diis notice. If you still have any questions regarding this notice or if you want to confirm the status of your Claim after you submit a response to this notice, please call us toll-free at (888) 985-9382. If you would like to view or download the Settlement Notice (which contains the Plan of Allocation), you may do so on the settlement website at www.hpsecuritieslitigationsettlement.com.
Very truly yours,
Garden City Group, LLC
Claims Administrator
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 30 of 175
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Claim No: 1452719
REJECTION REASONCS^
1. YOU DID NOT PROVIDE ANY DOCUMENTATION TO SUPPORT YOUR CLAIM.
The Claim referenced on the first page of this notice did not include any documentation to support the Claim.
HOW TO RESOLVE: You can resolve this rejection reason by submitting acceptable documentation to support your Claim to the Claims Administrator by the Response Due Date. All transactions and holding positions must be properly documented. You must submit acceptable documentation supporting all the transactions and holding information called for in Part III of the Claim Form. Acceptable documentation includes securities broker's confirmation slips, month and year-end account statements or similar documentation (handwritten or self-generated documents are not acceptable).
Failure to provide supporting documentation to fully substantiate your transactions and holding positions will likely result in no payment at all.
* * *
If you do not intend to supply additional information/documentation, and you still disagree with the determination, you may request Court review of the determination. To request Court review, you must send a letter to the claims administrator within twenty (20) days of the date of this letter and it must: (1) specifically state that you "request that the Court review the rejection of your claim," (2) state your argument(s) for why your claim should be accepted, (3) attach any supporting documents you may have to support your argument, and (4) be signed. Please also include a copy of this letter when requesting Court review of the rejection of your claim. Your claim and its administrative rejection will be presented to the Court for review.
UPON RECEIPT OF SUPPORTING DOCUMENTATION, YOUR CLAIM WILL BE RE-REVIEWED TO DETERMINE WHETHER OR NOT YOUR CLAIM HAS BEEN CURED.
COURT REVIEW MAY BE REQUESTED IF YOU DISAGREE WITH THE DETERMINATION TO REJECT YOUR CLAIM.
AS A REMINDER, THIS IS THE ONLY NOTICE THAT YOU WILL RECEIVE REGARDING THIS REJECTION.
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 31 of 175
HWD • Must be Postmarked
No Later Than October 31,.2015
In re HP Securities Litigation Sett/ement do GCG
Claims Administrator P.O. Box 10224
Dublin, OH 43017*5724 (868) 985-9382
'www.HPSecuritlesl.itlgationSettlement.coni
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BsKE E l-IWD02.5371.7275
-• \3m
AUTO**3-DIGIT 100 Claim Number; 01452719
'A Control Number:l2882715502
PROOF QF.GLAtM FORM
TO BE EtlGIBLETO'RECEIVEAlblSTRIBUTION FROMTHE SETTLEMENT FUND CREATED INTHIS ACTION, YOU • MUSJ?MAiL YOUR COMPLETED AND.SIGNED CLAIM FORM TO THE CLAIMS ADMINISTRATOR POSTMARKED •Otfb'R BEFORE OCTOBER^I, 2015 TO THE ADDRESS SET FORTH AT THE TOP OF THIS PAGE,
^ T* FAILURE TO SUBMIT/YOUR CLAIM FORMi BY THE DATE SPECIFIED. WILL SUBJECT YOUR CLAIM TO REJECTION AND-MAY PRECLUDE YOU FROM BEING ELIGIBLE TO RECOVER ANY MONEY JN CONNECTION WITH THE SETTLEMENT.
-DO-NOT MAIL OR DELIVER YOUR CLAIM FORM TO THE COURT, THE PARTIES-TO THIS^ACTION^OR THEIR Jt^^MimsELr^sur- ^ —
"TORTfTABOVE.
TABhE 9F PQNTENTS PAGE#
-i PART I - CLAIMANT'fDENTIFICATION
" II -GENERAL INSTIWCnON 3-4 1
** "!r.V.V Jv.WiW'a fTT ." iPARTIII SCHEDULE OF TRAN$ACTION$ IN':MP.COMMON. rOCK.t:.
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PARTllV^SUBMISSIONTOJURISDICTION'OF^CdURT^ANDACKNOWLEDGEMENTS - ;,RV^r-- •
PART V^bEFINITIONS AND RELEASE-.
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CJ
.6 i
f PART VI - REPRESENTATIONS
REMINDER CHECKLIST
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 32 of 175
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NOTICE REGARDING ELECTRONIC FILES:'Certain claimants with large .numbers of transactions may.requesUto, or may be requested toVsubmit information regarding their transactions in electronic Files. To obtain the mandatory electronic filing and file layout, .please vIsiMhe SeRlemerir website. iaUwww.HPSecuritlesLltlgationSettlement:com, or-.you may e-mail Ihe Claims Administrator's electronic filing department at eClaimfiSaardencitvQrouD.com. Any file not in accordance with the required eJectronic.filing format will be subject tp^rejection. No electronic files will be considered to (have been .properly submitted unless the Claims Administrator issues' an email' after processing' your file with your claim numbers and respective account information. Do pot assume that your file has, been^receiyed. or processediunttlfyouireceive this email. If you do nol receive such an email within 10 days of your submission;-you should contact the electronic filing department at
" A fftiftfiSni; tzt?. w i^sjgrjvj f+*% 'tmr,''l <| h f* »>l
'The'last four digits of the taxpayer Identification number (tfN),.consisting of a valid Social Security Number [SSNj for individuals or Employer identification —^ Number (EIN) forbusiness'entitles.-trusts, estates, etc and telephone number or the beneficial owners) may be used In verifying this dalm.
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 33 of 175
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'PAgmvSCHE^ 1.1... .., ." J \IMK\O\ BEGINNING HOLDINGS: Number of shares of HP common stock held at the close of
trading on August 18, 2011, If none, write "zero" or "0". t
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PURCHASES/ACQIMSITfONS: Purchases or Acquisitions of HP common stock from August 19, 2011 lo ' February 15,2013, inclusive (which includes the 90-day look back period)'. (Must be documented.}-
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"0". (Must,be documented.)- • Wm 'Plaaaenore: As set forth above, informaUon requested with respect to'your purchases and ocquisiliohs of HP common stock between November 2>, 2012 and February 15,2013, Inclusive, Is needed In order to balance your claim, purcha6es_end acquisitions during this period, however, are not eligible to participate In the'Settlement as these purchases and acquisitions are outside the SeHlsmant'Class'Peilod (i.e., AugusM9,<20n lo November 20.2012, Inclusive) and will nol be used fDr'pLirposes of calculating your Recognized Claim .pursuant to the Plan of Allocation. -
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 34 of 175
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deemed to have acknowledged, that the inclusion of "Unknown Claims" In (he definition of Settled Claims and Released Parties' Claims was separately bargained for' and was a key elementiof the Settiemenl.
This release shall be of no force or effect unless and until the Court gives final approval to the Settlement and the Effective Dateoecure.
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PART VI - REPRESENTATIONS S 1,(We), hereby warrant and represent that) (we) have not assigned or transferred or purported to assign or transfer, voluntarily
or involuntarily, any matter released pursuanfto this release or any other part or portion thereof. (
2. . . . I ( W e ) h e r e b y w a r r a n t a n d r e p r e s e n t t h a t I ( w e ) h a v e i n c l u d e d i n f o r m a t i o n a b o u t a l l o f m y ( o u r ) p u r c h a s e s , a c q u i s i t i o n s a n d sales transaclions'in'HP-common'stock'which occurred from.August 19, 2011 to February 15, 2013, inclusive, as well as the number of shares of HPcommo'n stock held by me (us) at the close of trading on August 18, 2011,.and the close of trading on February 15, 2013.
I (We).certify that ! am (weare)nol subject to backup withholding under the provisions of Section 3406(a) (1) (C) of the Iniernal
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Revenue Code. ' <
- NOTE: if you have been notlfiedby the Internal Revenue-Service that you are subject to backup withholding, please strike out thg'language that you-arewbt subject to backup withholding in the certification above.
I'dedare under p'enalty'of perjury under the laws of the State of California and the United States of America .that the foregoing information . ) supplied by the undersigned is true and correct and that (his Proof of Claim Form was
J Executed this >?fl^dav bj/V 2$! £ in ^ 'I' "(MoiitH)(Year)' " .l . . / . •ounl
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Signature of Claimant (if this claim is being made on behalf of Joint Claimants, then each must sign,) •K-y
ire of Claimant
BbohS' Print Name of Claimant Date
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Signature of Joint Claimant, if any
Print Name of Joint Claimant, if any Date
- If Claimant !s~ bthar'than an individual, oris nottho person'completing this form, the following also must be provided: i
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Signature of Person Completing Form • T-
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Print Name of Person Completlng Form Date
Capacity of person slgning.on behalf of claimant, if other'than an individual, e.g., executor, president, trustee, custodian, etc.
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 35 of 175
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 36 of 175
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 37 of 175
8/2/16
To: In re HP Securities Litigation Settlement c/o GCG Claims Administrator P.O. Box 10224 Dublin, OH 43017-5724
Re: Proof documentation
This letter is to indicate disagreement with the rejection notice. I have attached the account statements indicating the buy and sell settlement of HPQ shares. Please review the following attached documents:
1. Copy of claim form 2. Copy of the rejection notice 3. Copy of the account statement indicating BUY trade with date 9/13/11 and settlement date
9/16/11 4. Copy of the account statement indicating SELL trade with date 1/31/12 and settlement date
2/3/12
If you have any questions, please contact me.
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 38 of 175
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Wfan^Speakman
HWDInfo Wednesday, December 21, 201611:40 AM HWDInfo; RE: HP Securities Litigation Settlement Claim 1452719
From: Sent: To: Subject
Dear Claimant,
We are following up with the previously sent email.
Please review the Plan of Allocation and reply to the email to confirm the withdrawal of your request for the Court to review your claim.
Please contact us If you have any questions.
Regards,
Administrator (LS) In re HP Securities Litigation Settlement www.HPSecuritiesLitigationSettlement.com
This communication (including any attachments) is intended for the use of the intended recipient(s) only and may contain information that is confidential, privileged or legally protected. Any unauthorized use or dissemination of this • communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender by return e-mail message and delete all copies of the original communication. Thank you for your cooperation
From: HWDInfo Sent: Tuesday, October 18, 2016 12:17 PM To; CCJ HWDInfo Subject; HP Securities Litigation Settlement Claim 1452719
Dear Claimant($),
This email is regarding your request for the Court to review your claim for the HP Securities Litigation Settlement-Purdr -Please note that according to the Court-Approved Plan of Allocation, your claim is not calculating to a Recognized Loss. Specifically, your claim was processed based on paragraphs 8, part A of the Court-Approved Plan of Allocation.
For your convenience, attached is the Notice for the HP securities Litigation Settlement Fund.
Please review the Plan of Allocation and reply to the email to confirm the withdrawal of your request for the Court to review your claim.
If you have any further inquiries, please contact us.
Regards,
Administrator (LS) In r e HP Securities Litigation Settlement www.HPSecuritiesLitigationSetilement.com
1
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 40 of 175
This communication (including any attachments) is intended for the use of the intended recipient(s) only and may " contain information that is confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender by return e-mail message and delete all copies of the original communication. Thank you for your cooperation
2
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 41 of 175
Tiffan^S^eakmari
Edyta Czaplicka • Thursday, December 22, 2016 5:16 PM . DublinTasks FW: HP Securities Litigation Settlement Claim 1452719
From: Sent; To: Subject:
Tiffany Categories:
Please scan to ATF in HWD
Edyta Czapiicka Project Manager, Operations 631-470-1839 edyta.czaplicka(S)gardencitvqroup.com
Garden City Group. LLC 1985 Marcus Ave. Lake Success, NY 11042
Partner with Performance©
From: HWDInfo , Sent: Wednesday, December 21, 2016 11:40 AMj To: HWDInfo;| Subject: RE: HP Securities Litigation Settlement tlaim 1452719
Dear Claimant,
We are following up with the previously sent email,
Please review the Plan of Allocation and reply to the email to confirm the withdrawal of your request for the Court to review your ciaim.
Please contact us if you have any questions.
Regards,
Administrator (LS) In re HP Securities Litigation Settlement www.HPSecuritiesLitigationSettlem.enLcom
i
This communication (including any attachments) is intended for the use of the intended recipient(s) only and may contain information that is confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received this communication In error, please Immediately notify the sender by return e-mail message and delete all copies of the original communication, Thank you for your cooperation
From: HWDInfo Sent: Tuesday, October 18, 2016 12'. 17 PM To:
i
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 42 of 175
f-;-
Cc: HWDInfo Subject: HP Securities Litigation Settlement Claim 1452719
Dear Claimant(s),
This email is regarding your request for the Court to review your claim for the HP Securities Litigation Settlement Fund. Please note that according to the Court-Approved Plan of Allocation, your claim is not calculating to a Recognized Loss. Specifically, your claim was processed based on paragraphs 8, part A of the Court-Approved Plan of Allocation,
- For your convenience^ attached is the Notice for the HP securities Litigation Settlement Fund.
Please review the Plan ofAlfocation and reply to the email to confirm the withdrawal of your request for the Court to review your claim.
If you have any further inquiries, please contact us.
Regards,
. Administrator (LS) • In re HP Securities Litigation Settlement www.HPSecuritiesLitigationSettlement.com
This communication (including any attachments) Is intended for the use of the intended recipient(s) only and may contain information that is confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender by return e-mail message and delete all copies of the original communication, Thank you for your cooperation
2
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 43 of 175
EXHIBIT D-3
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 44 of 175
HWD • Must be Postmarked
No Later Than In re HP Securities Litigation Settlement do GCG
Claims Administrator P.O. Box 10224
Dublin, OH 43017-5724 " (888) 985-9382
www.HPSecuritiesLitigationSettleinent.com
October 31, 2015
HWD0264425105 sm r iiniiiiiiiiiiii AUTO^MIXED AADC 604 Claim Number: 01550445
Control Number: 0305977738
PROOF OF CLAIM FORM
TO BE ELIGIBLE TO RECEIVE ADISTRIBUTION FROM THE SETTLEMENT FUND CREATED INI THIS ACTION, YOU MUST MAIL YOUR COMPLETED AND SIGNED CLAIM FORM TO THE CLAIMS ADMINISTRATOR POSTMARKED ON OR BEFORE OCTOBER 31, 2015 TO THE ADDRESS SET FORTH AT THE TOP OF THIS PAGE.
FAILURE TO SUBMIT YOUR CLAIM FORM BY THE DATE SPECIFIED WILL SUBJECT YOUR CLAIM TO REJECTION AND MAY PRECLUDE YOU FROM BEING ELIGIBLE TO RECOVER ANY MONEY IN CONNECTION WITH THE SETTLEMENT.
DO NOT MAIL OR DELIVER YOUR CLAIM FORM TO THE COURT, THE PARTIES TO THIS ACTION, OR THEIR COUNSEL. SUBMIT YOUR CLAIM FORM ONLY. TO THE CLAIMS ADMINISTRATOR AT THE-ADDRESS SET FORTH ABOVfcf.
TABLE OF CONTENTS PAGE #
PART I - CLAIMANT IDENTIFICATION
PART II - GENERAL INSTRUCTIONS... 3-4
PART III - SCHEDULE OF TRANSACTIONS IN HP COMMON STOCK.
PART IV - SUBMISSION TO JURISDICTION OF COURT AND ACKNOWLEDGEMENTS
PART V - DEFINITIONS AND RELEASE 6
PART VI - REPRESENTATIONS
REMINDER CHECKLIST
: 'Important,- This form should be completed IN.CAPITAL LETTERS using BLACK or DARK BLUEballpoint/fouhtain.pen^Chpracters and niatrks'Msed -; s h o u i d b e s i m i l a r i n t h e s t y l e t o t h e f o l l o w i n g : , " ' ' • • * > ' J ' • - 1
AlBfClDiElFlGTHi IlJlKlLlMiNDI P [QlRlSiTlUlVM . ' », . . ^ , _ y . ' 1 ^ ' ' " * - H v , . . , " ' ' '
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 45 of 175
* j
2
PART I - CLAIMANT IDENTIFICATION
Claimant or Representative Contact Information: . ' , . .
The Claims Administrator will,use this information for all communications'releyant to this Claim (including the cbeck, if eligible for payment). ' If this' information changes, you MUST notify the Claims Administrator in writing at the address above, /'
Claimant Name(s) (as you would like the name(s) to appear on the check, if eligible for payment:
r 1 1 i rm i TT 'n TiTTTFki yrrm ri u7"f n Hum i
Street Address:
Ex T ri^A.
Last 4 digits of Claimant SSNniN:1 City.
En t X
Account Number:
Country (if Other than U.S.): State: Zip Code: mm • • ii • •
Name of the Person you would like the Claims Administrator to Contact Regarding This Claim (if different from the Claimant Na'me(s) listed above:):-'.
m l~ Evening Telephone Number:. . .
_ ) r . Daytime Telephone Number: < •
•jD-mn-rm Email Address (Email address lanol required, but If you provide 11 you suthorlzfi the Claims AdmFnJstretor to u» it In provkllng you wtth InfoimatSon relavpnt to this ctafrn.)
TTT
NOTICE REGARDlNG'EHECTRbNIC'FlilESTCertain'claimants with large numbers'.o^ transactions may request to, or may be requested to, submit information regarding their transactions in electronic files. To obtain the mandatory electronic filing and file layout, please visit the Settlement website at www.HPSecuritiesLitigationSettlement.com or you may e-mail the Claims Administrator's electronic filing department at eClaimtSoardencitvqroLip.com. Any file not in accordance with the required electronic filing format will be subject to rejection. No electronic files will be considered to have been properly submitted unless the Claims Administrator issues an email after processing your file with;ydur claim numbers and respective account information. Do not assume that your file has been received or processed until you receive this, email. If, you do not receive such an email within 10 days of your submission, you should contact' the electronic filing1 department, at eClaim@qardendtyarnup com to inquire about your file and confirm it was received arid acceptable. ' '
• 'J
To view Garden City Group, LLC's Privacy Notice, please visit http://www.gardencitygroup.com/privacy 1The last four digits of the taxpayer identification number (TIN), consisting of a valid Social Security Number (SSN) for individuals or Employer Identification Number (EIN) for business entitles, trusts, estates, etc., and telephone number of the beneficial owner(s) may be used in verifying this claim.
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 46 of 175
3
PART 11 - GENERAL INSTRUCTIONS
- To recover as a member of the Settlement Class based on your claim in-the action-entitled In re HP Securities Litigation, No. 3:12-cv-05980-CRB (the "Action"), you must complete this Proof of Claim Form;(-ClaiiTi Fbrm").' ' lf 'you fait to submit
: a Claim Form by the deadline, your claim may be rejected and you may be precluded from any recovery from the.Settlement Fund created in connection with the proposed settlement of the Action ("Settlement"),' as set forth in the^Stipulatlon of Settlement and Release dated June 8, 2015 ("Stipulation"). • ; '
A.
4: '-.t
Submission of this Claim Form, however, does not ensure that you will share in the proceeds of the Settlement Q
Fund created in this Aclion,
TO BE ELIGIBLE TO RECEIVE A DISTRIBUTION FROM THE SETTLEMENT FUND CREATED IN THIS ACTION, YOU MUST MAIL YOUR COMPLETED AND SIGNED CLAIM FORM TO THE CLAIMS ADMINISTRATOR POSTMARKED ON OR BEFORE OCTOBER 31, 2015, ADDRESSED AS FOLLOWS:
In re HP Securities Litigation Settlement do GCG
Claim Administrator . P.O.'Box 10224 '
Dublin, OH 43017-5724
If you are NOT a member of the Settlement Class, as defined in the Notice of Pendency of Class Action and iProposed Settlement, Settlement Fairness Hearing and Motion for Attorneys' Fees and Reimbursement of Litigation Expenses (the "Notice"), then DO NOT submit a Claim Form.
D.
If you are a member of the Settlement Class as defined in the Notice and do not timely request exclusion from the Settlement Class, you are bound by the terms of any judgment entered in the Action, WHETHER OR NOT YOU SUBMIT A CLAIM FORM. • ! • .• -• •.. ; • - - •
INSTRUCTIONS FOR CLAIMANT IDENTIFICATION SCHEDULE" . •
A. This Claim Form must be submitted by the beneficial purchaser or acquirer of the publicly traded Hewlett-Packard . Company ("HP") common stock'upon which this claim'is'based, or by the authorized legal representative df such purchaser or
acquirer.
B. • If you purchased or otherwise acquired publicly traded HP common stockbetween August 19,2011 and November 20, 2012, inclusive (the "Settlement Class Period"), and held the stock in your name, you are the beneficial purchaser or acquirer as well as the record purchaser or acquirer. If, however, the stock was registered in the name of a third party, such as a nominee or brokerage firm, you are the beneficial purchaser or acquirer and the third party is the record purchaser or acquirer.
. . , Use Tart.l" of this,form (above) entitled "Claimant Identification" to identify the beneficial purchaser.or acquirer,of the HP common stock'.which forms the basis of this claim. ' ^ .
• :. i . D. , Please Note: A separate Claim Form should be submitted for each separate person or legal entity (e.g., a Claim
Form from joint owners should not include separate transactions of just one of the joint owners, and an individual should not combine his or her IRA transactions wilh transactions made'solely in the individual's name). Conversely, a single Claim Form should be'submitted on behalf of one .legal entity that includes all transactions made by that entity no matter how many separate accounts that entity has (e.g., a corporation with multiple brokerage accounts should include all transactions in HP common stock on one Claim Form, no matter how many accounts were associated with the transactions). . .. • .•
All joint purchasers/acquirers must sign this Claim Form.
If you are acting in a representative capacity on behalf of a Settlement Class Member, such as an executor, administrator, guardian, conservator, trustee or other legal representatives, you must complete and sign this Claim Form on behalf of persons or entities so represented. Satisfactory evidence of your authority must accompany this Claim Form and your titles or capacities must be stated. The last four digits of the Social Security (or taxpayer identification) number and telephone number of the beneficial owner may be used in verifying the claim. Failure to provide the foregoing information could delay verification of your claim or result in rejection of your claim. .
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 47 of 175
b>
4
- PART II - GENERAL INSTRUCTIONS (CONTINUED)
INSTRUCTIONS FOR SCHEDULE OF TRANSACTIONS
Use "Part III" of this form (below) entitled "Schedule of Transactions in HP Common Stock" to supply all required details of your transaction(s) in and^holdings of HP common stock. If you need more space, attach separate sheets giving all of the required information in substantially the same form. Sign and print or type your name on each additional sheet.
A.
Please provide all of the requested information with respect to all of your purchases, acquisitions and sales of HP common stock, regardless of whether such transactions resulted in a profit or a loss. Failure to report all such transactions may result in the rejection of your claim. Please note: only HP common slock purchased or otherwise acquired during the Settlement Class Period (i.e., the period between August 19, 2011 and November 20, 2012, inclusive) is eligible to potentially recover under the Settlement. However, because information regarding your sales of HP common stock during the period from November 21, 2012 to February 15, 2013, inclusive (the "90-day look back period"), will be used for purposes of calculating your Recognized Claim under the Plan of Allocation contained in the Notice, information with respect to your purchases and acquisitions of HP common stock during that period as well as your holdings of HP common stock at the close of trading on February 15, 2013 is needed in order to balance your claim. While your purchases and acquisitions during the 90-day look back period will not be used for purposes of calculating your Recognized Claim pursuant to the Plan of Allocation, the information is necessary in order to process your claim. "
B,
C. List each transaction separately and in chronological order by trade date, beginning with the earliest. You must accurately provide the month, day, and year of each transaction you list
Copies of documents evidencing your transactions in and holdings of HP common stock (such as broker confirmations) must be attached to your Claim Form. Failure to provide this documentation could delay verification of your claim or result in rejection of your claim.
The above requests are designed to provide the minimum amount of information necessary to process the simplest claims. The Claims Administrator may request additional information as required to efficiently and reliably calculate your losses. If the Claims Administrator cannot perform the calculation accurately or at a reasonable cost to the Settlement Class with the information provided, the Claims Administrator may condition acceptance of the claim upon the production of additional information and/or your agreement to pay any increased costs due to the nature and/or scope of your claim.
D.
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 48 of 175
5
PART II! - SCHEDULE OF TRANSACTIONS IN HP COMMON STOCK
BEGINNING HOLDINGS: Number of shares of HP common stock held at the close of trading on August 18> 2011: If none, write "zero" or "0".
' Shares
PURCHASES/ACQUISITIONS: Purchases or Acquisitions of HP-common-stock from August 19, 2011 to ' February 15,2013, inclusive (which includes the QOnday look back period)1! (Must be documented.) " • • •
Trade pate(s) of Purehase(s)/Acquisitton(s)
(List Chronologically Monlh/Day/Year)
Purchase/Acquisition Price Per Share of HP Common Stock
Number ol Shares of HP Common Stock
Purchased/Acquired
Aggregate Cost (excluding commissions,
taxes and fees)
cmcD cmcD
s • IXi
-iM'ffU mm.m •QXJ.m rxD.m
ED-CD •qP'mOT--.* •j/mm. :• coffl'tn: i
C. SALES: Sales of HP common stock from August 19,2011 to February 15,2013, inclusive (which includes the 90-day look back period). (Must be documented.)
Dale(s) of Saie(s) (List Chronologically)
(Month/Day /Year)
Number of Shares of HP Common
Stock Sold
, SaJe Pries Par ' ' ' Share of HP Common
• ' Stock
' _ Amount Receivsd ' • ' ' (excluding commissions, '
.1 " • taxes and fees)
mo T—r mos'w- i mmm'
/•ii/flb' m/ffiOT" CB'Cnm-
EED-l i.m n nrn.m. •[XD.m. .mm
D. UNSOLD HOLDINGS: Number of shares of HP common stock held at the close of trading on February 15,2013 (the last day of the 90-day look back period). If none, write "zero" or "0". (Must be documented.)
IJFTTT 1 'Shares
1 Please note: As set Forth above, information requested with respect to your purchases and acquisitions of HP common stock between November 21, 2012 and February 15,20)3, inclusive. Is needed in order to balance yourcteim; purchases and acquisrtions during this period, however, are not eligible to participate in the Settlement as these purchases and acquisitions are outside the Settlement Class Period (i.e , August 19, 2011 to November 20,2012, inclusive) and will not be used for purposes of calculating your Recognized Claim pursuant to the Plan of Allocation.
IF YOU NEED ADDITIONAL SPACETO LIST YOUR TRANSACTIONS YOU. MUST - . PHOTOCOPY THIS PAGE AND CHECK THIS BOX []] 1FVOU DO NOT CHECK THIS BOX THESE ADDITIONAL PAGES WILL NOT BE REVIEWED
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 49 of 175
6 YOU MUST READ THE SECTION ENTITLED "DEFINITIONS AND RELEASE" AND SIGN THE SECTION ENTITLED
"REPRESENTATIONS' ON PAGE 7. FAILURE TO SIGN MAY RESULT IN A DELAY IN . , PROCESSING OR THE REJECTION OF YOUR CLAIM.
PART IV - SUBMISSION TO JURISDICTION OF COURT AND ACKNOWLEDGMENTS t 'J I..*4 ' * V « * .•# \ V I « •«
I (We) submit this Proof of Claim Form under the terms of the Stipulation of Settlemen! and Release described in the Motic'e, I (We) also submit to the jurisdictiotvof the United States District Court for the Northern District of California with respect to my (our)"claim as a Settlement Class Member and for purposes of enfdrcing^the'releaseiset forth»hereiri and any -Judgment which may be entered in the Action. 1' (We) further acknowledge thai I (we) am (are)-bound by and subject to-the terms'of any Judgment that may be entered in the Action. " •
-H) ' , I (We) agree to furnish additional information to the Claims Administrator to support this claim if required to do so.
PART V - DEFINITIONS AND RELEASE
I (We) hereby acknowledge full and complete satisfaction of, and do hereby, fully, finally, and forever settle, discharge, and release all "Settled Claims" against all "Released Parties," including "Unknown Claims," as defined below. * .
"Settled Claims" means any and all claims, rights, demands, liabilities, suits, matters, issues, debts, obligations, losses and causes of action of every nature and description, whether fixed or contingent, accrued or unaccrued, liquidated or unliquidated, at law or in equity, matured or unmatured, class or individual in nature, suspected or unsuspected, concealed or hidden, whether known claims or Unknown Claims (as defined herein), whether arising under federal, state, foreign, or common law, that Lead Plaintiff or :any other-member of the Settlement Class: (a) asserted in the Complaints or could have asserted in any forum that arise out of or are based upon the allegations, transactions, facts, matters or occurrences, representations, or omissions involved, set forth, or referred to in the Complaints and (b) that relate to any purchase or acquisition of HP common stock from August 19, 2011 through November 20, 2012, inclusive. Settled Claims shall not include any claims: (i) that members of the SettJement Class may have arising solely under ERISA, including without limitation in the action captioned in re HP ERISA Litigation, No. C-12-6199 (N.D. Cal.), (ii) that members of the Settlement Class may have solely in a derivative capacity, including without limitation in the action captioned In re HP Shareholder Derivative Litigation, No, C-12-6003 CRB (N.D. Cal.)( or (iii) to enforce the terms of the Settlemenl For the avoidance of doubt, Settled Claims shall also exclude any and all claims referenced in paragraph 8 of the Stipulation.
"Released Parties" means collectively, all Defendants and their Related Parties.
"Related Parties" means, (1) with respect to HP, its predecessors, successors, past; presenter future parents, subsidiaries, and affiliates (including without limitation Autonomy Corporation Limited, Autonomy Systems Limited, and Autonomy Inc., (collectively, the . "Autonomy Entities")), SpinCo and its predecessors, successors, past, present or future parents, subsidiaries, and affiliates, and, with respect to HP, SpinCo and the Autonomy Entities, each of .their respective past or present officers, directors, agents, partners, principals, members, employees, attorneys, advisors, auditors and accountants, insurers and reinsurers, and any firrri, trustVcorporation, or other entity in which HP, -SpinCo or the Autonomy Entities has or had a controlling interest; (2) with respect to the Individual Defendants, their respective spouses, marital." community, immediate family members, heirs, successors, executors, estates, administrators, attorneys, accountants, personal representatives, trusts and any other entity in which any of them has a controlling interest, and as to such entities, each and all of their predecessors, successors, past, present or future parents, subsidiaries, affiliates, and each of their respective past or present officers, directors, shareholders, agents, partners, principals, members, employees, attorneys, advisors, trustees, auditors and accountants, insurers and reinsurers. For the avoidance" of doubt, Sushovan Hussain, Qatalyst Partners and Detoitte U.K. LLP shall also be included within the definition of Related Parties, as (hey were formerly an employee, advisor, or accountant,-respeclively, affiliated wjth one or more of the Autonomy Entities.
"Unknown Claims" means any and all Settled Claims which,Lead.PIaintiff and/or any other-Settlement Class Member does not know or suspect to exist-in his, her onts favor at the time of the release^of such claims, and any Released Parties'!Claims which the Settling Defendants or any other Released Party does not know or suspect to exist In his, her or its favor at the time of the release of such claims, which if known by him, her or it might have affected his, her or its decision(s) with respect to the Settlement, With respect to any and all Settled Claims and Released Parties' Claims, the Settling Parties stipulate and agree that upon the Effective Date, Lead Plaintiff and the Settling Defendants shall expressly waive, and each other Settlement Class Member and each other Released Party shall be deemed to have waived, and by operation of the Judgment shall have expressly waived, any and all provisions, rights and benefits conferred by any law of any state or territory of the United States, or principle of common law, which is similar, comparable, or equivalent to Cal. Civ. Code § 1542, which provides:,
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing (he release, which if known by him or her must have materially affected his or her settlement with the debtor. . .
* 1 ' T ' • • " , ' ' . ' . 1 •
Lead Plaintiff and Settlement Class Members acknowledge, and by operation of law shall be deemed to have acknowledged, that they may " hereafter discover facts in addition to or different from those which, he, she or it now knows or believes to be true with respect to the subject' matter of the Settled Claims, but Lead Plaintiff shall expressly, fully, finally and forever settle and release, and each Settlement Class Member, upon the Effective Date, shall be deemed to have, and by operation of the Judgment shall have fully, finally, and forever settled and released any and all Settled Claims, whether known or unknown, suspected or unsuspected, concealed or hidden, that now exist, or heretofore existed, or may hereafter exist, and without regard to the subsequent discovery or existence of such different or additional facts. Lead Plaintiff and the Settling Defendants acknowledge, and each other Settlement Class Member and each other Released Party by operation of law shall be
(a)
(b)
(c)
(d)
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 50 of 175
7
PART V - DEFfNITlONS AND RELEASE (CONTINUED)
deemed to have acknowledged, that the inclusion of "Unknown Claims" in the definition of Settled Claims and Released .Parties'.Claims.was s e p a r a t e l y b a r g a i n e d f o r a n d w a s a ' k e y e l e m e n t o f t h e S e t t l e m e n t . . - • • - v
' This release shall be of no~force or effect unless and until the Court'gives'flnal approval'to'the S'ettlement'and the Effective" Datepccurs, 'ri . ' i * JU.
PART VI -'REPRESENTATIONS w < '• . i \ i1. .'j i.
. ' . N •
I (We) hereby warrant and represent that I (we) have not assigned or transferred or purported to assign or transfer, voluntarily or involuntarily; any matter released pursuant to this release or any other part or portion thereof/ 1' "
I (We) hereby warrant and represent that I'(we) have included information about all of my (our) purchases, acquisitions and sales transactions in HP common stock which occurred from August 19.2011 to February 15,2013, inclusive, as well as the number of shares of HP common stock held by me (us) at the dose of trading on August 16,2011; and the dose of trading on February 15,2013.
I (We) certify that I am (we are) not subject to backup.withholding under the provisions of Section 3406(a) (1) (C) of the Internal 3. Revenue Code.
NOTE:. If you have been notified by the Internal Revenue Service, that you are subject to backup withholding, please-strike I out the language tiiat you are not subject to backup withholding in the certification above.
I declare under penalty of perjury under the laws of the State of California and the United Slates of America that the foregoing information supplied by the undersigned is true and correct and that this
- day of flCTf in Executed this (Month) (Year)
on behalf.of Joint Claimants* then each must sign.)
Lfr; -- m ---
; ' i } - - * .
" '<*.• % r- f l s f 'V - . • . .'J- i.- • V .
!Date ; /'
Signature of Joint Claimant, if any
' Date ' ' • • - . * .• • . • j • .-»• •
completing this form, the folfowing also must be provided:
Print Name of Joint Claimant,/any
» If Claimant is othe/than an individual, oris not tfie-per rson
Signature of Person Completing Form
. , Date Print Name of'Person G xnpieting-Fonn
- T : { *.i I
Capacity of person signflng on behalf of claimant, if other than an individual.e.g.,executor^president,trustee,custodian',etc...*c' v •• '• ' -• •'•-51 'i' -
* * » ' * . » • » » ' 9
•• >•* :. -.'.'i .A;'." • •** - "'vi''-?' , • ,•
V. •: • iv: .lj>v 'i • .. J
\ •t. \
J ' " ' ' ' . 1
I
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 51 of 175
8
REMINDER CHECKLIST
Please sign the Representations section of the Claim Form on Page 7.
If this claim is being made on behalf of joint claimants, both must sign.
Remember to attach supporting documentation.
Do not send original stock certificates or documentation. These Items cannot be returned to you by the Claims Administrator.
Please do not highlight or use red pen on any portion of the Claim Form or any supporting documentation.
5.
Keep a copy of your Claim Form and all documents submitted for your records. 6.
The Claims Administrator will acknowledge receipt of your Claim Form by mail, within 60 days. Your claim is not deemed filed until you receive an acknowledgement postcard. If you do not receive an acknowledgement postcard within 60 days, please call the Claims Administrator.
If your address changes'in the future, or if this Claim Form was sent to an old or incorrect address, please send the Claims Administrator written notification of your new address. If you change your name, please inform the Claims Administrator.
6.
If you have any questions or concerns regarding your claim, please contact the Claims Administrator at the address below or toll-free at (888) 985-9382, or visit www.HPSecuritiesLitigationSettlement.com.
Q
THIS CLAIM FORM MUST BE MAILED, POSTMARKED NO LATER THAN OCTOBER 31, 2015, ADDRESSED AS FOLLOWS: '
In re HP Securities Litigation Settlement c/oGCG
Claims Administrator P.O. Box 10224
• Dublin, OH 43017-5724
i
i
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 52 of 175
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 53 of 175
\~~~
In re HP Securities Litigation Settlement c/o GCG Claims Administrator P.O. Box 10224 Dublin, OH 43017-5724 (888) 985-9382 HWD0293517151
Mailing Date: July 25, 2016 RESPONSE DUE DATE: August 15, 2016 Claim No: 1550445
Eligible Securities/CUSIP: HP Common Stock/428236103
Class Period: 8/19/2011 through 11/20/2012, inclusive
NOTICE OF REJECTION OF YOUR ENTIRE CLAIM
THIS IS THE ONLY NOTICE YOU WILL RECEIVE WITH RESPECT TO THIS CLAIM
Dear Claimant(s):
We have received and processed the Proof of Claim Form ("Claim Forai") that you submitted in connection with the In re HP Securities Litigation Settlement. Based on our review of the Claim Form and documentation you submitted (if any), your Claim has been conditionally rejected in its entirety pursuant to the terms of the Court approved Settlement.
Your Claim may have been rejected for one or more reasons. If you wish to cure your Claim, please review the attached "Rejection Reason(s)" document and respond accordingly. Please note the following when responding:
You must include a copy of this notice with any response and reference your Claim Number on all submissions. Your response must be received or postmarked no later than the Response Due Date noted above. If you fail to respond by the Response Due Date, or your response fails to cure the rejection reason(s) identified, your Claim will be rejected in its entirety.
Please take a moment to read What You Need to Know which is enclosed with this notice. If you still have any questions regarding this notice or if you want to confirm the status of your Claim after you submit a response to this notice, please call us toll-free at (888) 985-9382. If you would like to view or download the Settlement Notice (which contains the Plan of Allocation), you may do so on the settlement website at www.hpsecuritieslitigationsettlement.com.
Very truly yours,
Garden City Group, LLC
Claims Administrator
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 54 of 175
Claim No: 1550445
REJECTION REASONfSI
1. YOU PIP NOT PROVIDE ANY DOCUMENTATION TO SUPPORT YOUR CLAIM.
The Claim referenced on the first page of this notice did not include any documentation to support the Claim.
HOW TO RESOLVE: You can resolve this rejection reason by submitting acceptable documentation to support your Claim to the Claims Administrator by the Response Due Date. All transactions and holding positions must be properly documented. You must submit acceptable documentation supporting all the transactions and holding information called for in Part HI of the Claim Form. Acceptable documentation includes securities broker's confirmation slips, month and year-end account statements or similar documentation (handwritten or self-generated documents are not acceptable).
Failure to provide supporting documentation to fully substantiate your transactions and holding positions will likely result in no payment at all.
***
If you do not intend to supply additional information/documentation, and you still disagree with the determination, you may request Court review of the determination. To request Court review, you must send a letter to the claims administrator within twenty (20) days of the date of this letter and it must: (1) specifically state that you "request that the Court review the rejection of your claim," (2) state your argument(s) for why your claim should be accepted, (3) attach any supporting documents you may have to support your argument, and (4) be signed. Please also include a copy of this letter when requesting Court review of the rejection of your claim. Your claim and its administrative rejection will be presented to the Court for review.
UPON RECEIPT OF SUPPORTING DOCUMENTATION, YOUR CLAIM WILL BE RE-REVIEWED TO DETERMINE WHETHER OR NOT YOUR CLAIM HAS BEEN CURED.
COURT REVIEW MAY BE REQUESTER IF YOU DISAGREE WITH THE DETERMINATION TO REJECT YOUR CLAIM.
AS A REMINDER, THIS IS THE ONLY NOTICE THAT YOU WILL RECEIVE REGARDING THIS REJECTION.
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 55 of 175
t;.?
Tiffan^Sgeakman
From: Sent: Tuesday, August 02, 2016 7:30 PM
HWDInfo Court review requested
To: Subject:
My claim was rejected unfairly. The mere fact that you have my name in this matter means it has been proven to you the veracity of my claim.
It is now a matter for the court to adjudicate my claim. This is your notice of disagreement; and I will be contacted the . court directly. .
1
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 56 of 175
Tlffan^Sjjjeakman
From: Sent: Tuesday, August 02, 2016 7:30 PM
HWDInfo To: Subject: Court review requested
My claim was rejected unfairly. The mere fact that you have my name in this matter means it has been proven to you • the veracity of my claim. - ' • . ' '
It is now 3 matter for the court to adjudicate my claim. This is your notice of disagreement; and I will be contacted the court directly. , .
1
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 57 of 175
Sara Laratro
From: Sent: Tuesday, August 02. 2016 730 PM
HWDInfo To: Court review requested Subject:
My claim was rejected unfairly. The mere fact that you have my name in this matter-means it has been proven to you the veracity of my claim. • . .
It is now a matter for the court to adjudicate my claim. This is your notice of disagreement; and I will be contacted the court directly. .
1
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 58 of 175
ir
dlc i iM # Processed. Ujigg^Segura
From: Sent: Tuesday, August 23, 2016 4:06 PM
Luiggy Segura Re: Court review requested Here is the proof enclosed 1099_Composite_and_Year-End_Summary_2012_07-26-13_5488JIorrected.pdf
To: Subject: Attachments:
Folfow Up Flag: Flag Status:
Follow up Flagged
On 8/22/2016 3:26 PM, Luiggy Segura wrote: >
>
> As per our phone conversation, your claim will be presented to the Court for review. >
> Please note that your claim was rejected because you did not provide documentation substantiating the purchase and sale of 300 shares as claimed on your Proof of Claim form. As the Claims Administrator, Garden City Group does not have access to your financial records and therefore, as set forth by the Court, you are required to provide adequate documentation such as, broker statements, stock certificates, and/or trade confirmations substantiating the purchases, sales and/or holdings during the class period (Please refer to question 5 in the attached Notice). > > If you have any questions, please feel free to contact me. > > Regards, >
> Luiggy Segura > Project Supervisor, Operations > Garden City Group, LLC > 1985 Marcus Ave. Lake Success, NY 11042 >7:631-470-5156 ! > luiegv.segura(SgardencitvgrouD.com | www.gardencitvEroup.com >
>
>
>—Original Message > From| > Sent: Tuesday, August 02, 2016 7:30 PM . > To: HWDInfo > Subject: Court review requested >
> My claim was rejected unfairly. The mere fact that you have my name in this matter means it has been proven to you the veracity of my claim. >
> It is now a matter for the court to adjudicate my claim. This is your notice of disagreement; and I will be contacted the court directly. >
i
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 59 of 175
charles SCHWAB.
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 60 of 175
I-
CL,\cusjn^ . Luiggy Seg ura
Luiggy Segura Monday. October 17. 2016 1:22 PM
From: Sent: To:
RE: Court review requested Here is the proof enclosed HWD Notice Final.pdf
Subject: Attachments:
I am following up with the email below.
If you understand the Court-Approved Plan of Allocation, please reply to the email to confirm the withdrawal of your request for the Court to review your claim.
If you have any further inquiries, please contact me.
Thank you,
Luiggy Segura Project Supervisor, Operations
Garden City Group, LLC 1985 Marcus Ave. Lake Success, NY 11042 T:631-470-5156 luiggv.seeurafaiBardencitvgrouP.com | www,gardencitvgrouD.com
—Original Message— From: Luiggy Segura Sent: Thursday, August 25,201612:09 PM To: Subject: RE: Court review requested Here is the proof enclosed
Thank you for submitting the supporting documentation. Your claim was reviewed and processed accordingly. After further review, your claim does not calculate to a Recognized Loss according to the Court-approved Plan of AlJocation.
Specifically, please refer to page 10, paragraph 6 of.the attached Notice.
If you have any questions, please contact us.
Regards,
Luiggy Segura Project Supervisor, Operations
Garden City Group, LLC 1985 Marcus Ave. Lake Success, NY 11042
i
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 61 of 175
1:631-470-5156 luiggy.segura(5)gardencitvgroup.com | www.gardencitvEroup.com
-Original Message From: Sent: Tuesday, August 23, 2016 4:06 PM To: Luiggy Segura Subject: Re: Court review requested Here is the proof enclosed
On 8/22/2016 3:26 PM, Luiggy Segura wrote:
> As per our phone-conversation, your claim will be presented to the Court for review.
> Please note that your claim was rejected because you did not provide documentation substantiating the purchase and sale of 300 shares as claimed on your Proof of Claim form, As the Claims Administrator, Garden City Group does not have access to your financial records and therefore, as set forth by the Court, you are required to provide adequate documentation such asf broker statements, stock certificates, and/or trade confirmations substantiating the purchases, sales and/or holdings during the class period (Please refer to question 5 in the attached Notice). >
> If you have any questions, please feel free to contact me.
> Regards,
> Luiggy Segura > Project Supervisor, Operations > Garden City Group, LLC > 1985 Marcus Ave. Lake Success, NY 11042 ' >T:631-470-5156 > luiggv.segura(aigardencitvgroup.com | www.gardencitvgroup.com >
>
> —-Original Message-
> Sent: Tuesday, August 02, 2016 7:30 PM >To:HWDInfo > Subject: Court review requested >
> My claim was rejected unfairly. The mere fact that you have my name in this matter means it has been proven to you the veracity of my claim.
> It is now a matter for the court to adjudicate my claim. This is your notice of disagreement; and I will be contacted the court directly. >
2
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 62 of 175
Tiffan^Sgeakman
Luiggy Segura Wednesday, December 21,2016 12:03 PM
From: Sent: To:
HWDInfo RE: Court review requested Here is the proof enclosed
Cc: Subject;
I attempted to contact you today by phone but was unsuccessful.
If you understand the Court-Approved Plan of Allocation, please reply to the email to confirm the withdrawal of your . •.
request for the Court to review your claim. ' . ' •
If you have any questions, please contact us.
Regards,
Luiggy Segura Project Supervisor, Operations 631-470-5156 luiggv.seeura(S)gardencitvgrouD.com
Garden City Group, LLC 1985 Marcus Ave. Lake Success, NY 11042
Partner with Performance®
—Original Message From: Luiggy Segura
17, 20161:22 PM Se To: Subject: RE: Court review requested Here is the proof enclosed
I am following up with the email below.
If you understand the Court-Approved Plan of Allocation, please reply to the email to confirm the withdrawal of your request for the Court to review your claim. "' , .
If you have any further inquiries, please contact me.
Thankyou,
Luiggy Segura Project Supervisor, Operations
Garden City Group, LLC
1
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 63 of 175
1985 Marcus Aye. Lake Success, NY 11042 1:631-470-5156 luiggviseeuraOeardencitvgrouD.com | www.gardencitvgrouD.com
- -
.---Original Message— From: Luiggy Segura Sent: Thursday, August 25, 2016 12:09 PM
Subject: RE: Court review requested Here is the proof enclosed
Thank you for submitting the supporting documentation. Your claim was reviewed and processed accordingly. After further review, your claim does not calculate to a Recognized Loss according to the Court-approved Plan of Allocation.
' Specifically/ please refer to pagclO, paragraph 6 of the attached Notice.
If you have any questions, please contact us.
Regards,
Luiggy Segura Project Supervisor, Operations
Garden City Group, LLC ' 1985 Marcus Ave. Lake Success, NY 11042
- 1:631-470-5156 luiggv.seeuragigardencitvgroup.com | www.gardencitvgrouD.com
-—Original Message—
Sent: Tuesday, August 23,2016 4:06 PM To; Luiggy Segura Subject: Re: Court review requested Here is the proof enclosed I
On 8/22/2016 3:26 PM, Luiggy Segura wrote:
> As per our phone conversation, your claim will be presented to the Court for review.
' '"> Please note that your claim was rejected because you did not provide documentation substantiating the purchase and ' sale of 300 shares as claimed on your Proof of Claim form. As the Claims Administrator, Garden City Group does not
have access to your financial records and therefore, as set forth by the Court, you are required to provide adequate
2
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 64 of 175
t;: fc''
documentation such as, broker statements, stock certificates, and/or trade confirmations substantiating the purchases, sales and/or holdings during the class period (Please refer to question 5 in the attached Notice). ' ' •
> if you have any questions, please feel free to contact me. > > Regards,
> Lulggy Segura > Project Supervisor, Operations > Garden City Group, LLC > 1985 Marcus Ave. Lake Success, NY 11042 >1:631-470-5156 > luigev.seguraOgardercitveroup.com | www.gardencitvgrouD.com > >
Original Message > From: > Sent: Tuesday, August 02, 2016 7:30 PM > To: HWDlnfo > Subject: Court review requested >
> My claim was rejected unfairly. The mere fact that you have my name in this matter means it has been proven to'you the veracity of my claim. • '
> It is now a matter for the court to adjudicate my claim. This is your notice of disagreement; and I will be contacted the ' court directly. .. . ...... .
>
> This communication (including any attachments) is intended for the use of the intended recipient(s) only and may contain information that is confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the ., sender by return e-mail message and delete all copies of the original communication. Thank you'for your cooperation. .
3
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 65 of 175
•rt
Tiffan^£eakman
Edyta Czaplicka Thursday, December 22, 2016 5:17 PM ' DublinTasks • . FW; Court review requested Here is the proof enclosed
From: Sent: To: Subject:
Categories: Tiffany
Please scan to ATF in HWD
Edyta Czaplicka Project Manager, Operations 631-470-1839 [email protected]
Garden City Group, LLC 1985 Marcus Ave. Lake Success, NY 11042
Partner with Performance®
Original Message From: Luiggy Segura Sent: Wednesday, December 21, 2016 12:03 PM
'Dlnfo Subject: RE: Court review requested Here is the proof enclosed
c:
I attempted to contact you today by phone but was unsuccessful.
If you understand the Court-Approved Plan of Allocation, please reply to the email to confirm the withdrawal of your . request forthe Courtto review your claim. . . '
If you have any questions, please contact us.
Regards,
Luiggy Segura Project Supervisor, Operations 631-470-5156 luigev.segura <S)gardencitvgrouD.com
Garden City Group, LLC 1985 Marcus Ave, Lake Success, NY 11042 •
i
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 66 of 175
Partner with Performance1
—Original Message— From: Lufggy'Segura Sent: Monday. October 17. 2016 1:22 PM
' Subject; RE: Court review requested Here is the proof enclosed
• I am following up with the email below.
- .If you understand the Court-Approved Plan of Allocation, please reply to the email to confirm the withdrawal of your request for the Court to review your claim.
If you have any further inquiries; please contact me.
Thank you, •
Luiggy Segura ' Project Supervisor, Operations
Garden City Group, LLC . 1985, Marcus Ave. Lake Success, NY 11042 7:631-470-5156 " luiEe'v.seeura (Sgardencitvgroup.com 1 www.gardencitvgroup.com
-•-Original Message— • From: Luiggy Segura
• Sent: Thursday, August 25, 2016 12:09 PM
Subject: RE: Court review requested Here is the proof enclosed
Thank you for submitting the supporting documentation. Your claim was reviewed and processed accordingly. After further review, your claim does not calculate to a Recognized Loss according to the Court-approved Plan of Allocation.
Specifically, please refer to page 10, paragraph 6 of the attached Notice.
If you have any questions, please contact us.
Regards,
Luiggy Segura Project Supervisor, Operations
Garden City Group, LLC 1985 Marcus Ave. Lake.Success, NY 11042 1:631-470-5156 luieev.seeura(SgardencitverouD.com | www.gardencitvgroup.com
2
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 67 of 175
Original Message—
Sent: Tuesday, August 23, 2016 4:06 PM To: LuiggySegura Subject: Re: Court review requested Here is the proof enclosed
On 8/22/2016 3:26 PM, Luiggy Segura wrote:
> As per our phone conversation, your claim will be presented to the Court for review. >
> Please note that your claim was rejected because you did not provide documentation substantiating the purchase and sale of 300 shares as claimed on your Proof of Claim form. As the Claims Administrator, Garden City Group does not-have access to your financial records and therefore, as set forth by the Court, you are required to provide adequate documentation such as, broker statements, stock certificates, and/or trade confirmations substantiating the purchases, sales and/or holdings during the class period (Please refer to question 5 in the attached Notice).' >
> If you have any questions, please feel free to contact me. >
> Regards,
> Luiggy Segura > Project Supervisor, Operations > Garden City Group, LLC > 1985 Marcus Ave. Lake Success, NY 11042 >1:631-470-5156 > luigRV.segura(5)eardencitveroup.com | www.gardencitvgroup.com >
> >
Original Message >
> Sent: Tuesday, August 02, 2016 7:30 PM >To: HWDlnfo > Subject: Court review requested
> My claim was rejected unfairly. The mere fact that you have my name in this matter means it has been proven to you ., the veracity of my claim. . . . ' • >
> It is now a matter for the court to adjudicate my claim. This is your notice of disagreement; and I will be contacted the court directly. •- ' >
>
>
3
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 68 of 175
> This communication (including any attachments) is Intended for the use of the intended recipient(s) only and may . contain information that is confidential, privileged or legally protected. Any unauthorized use or dissemination of this
communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender by return e-mail message and delete all copies of the original communication. Thank you for your cooperation.
4
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 69 of 175
EXHIBIT D-4
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 70 of 175
HWD • Must be Postmarked
No Later Than October 31, 2015
In re HP Securities Litigation Settlement do GCG
Claims Administrator P.O. Box 10224
Dublin, OH 43017-5724 (888) 985-9382
www.HPSecuritiesLitfgationSettlernent.com 0#!E T
HWD0256731647
OCT 23 2015
<2 r*SCH 3-DIGIT 110 . A3* Claim Number: ;0,1482863
Control Number: 0644224394 i|i|i|!>ii'i|hii'>"l'|i|lii||iiilii||li'i|,|'||'l,i|,|1i|ihi||
PROOF OF CLAIM FORM
TO BE ELIGIBLE TO RECEIVE ADISTRIBUTION FROM THE SETTLEMENT FUND CREATED IN THIS ACTION, YOU . ' MUST MAIL YOUR COMPLETED AND SIGNED CLAIM FORM TO THE CLAIMS ADMINISTRATOR POSTMARKED ON OR BEFORE OCTOBER 31, 2015 TO THE ADDRESS SET FORTH AT THE TOP OF THIS PAGE.
FAILURE TO SUBMIT YOUR CLAIM FORM BY THE DATE SPECIFIED WILL SUBJECT YOUR CLAIM TO REJECTION AND MAY PRECLUDE YOU FROM BEING ELIGIBLE TO RECOVER ANY MONEY IN CONNECTION WITH THE SETTLEMENT.
i DO NOT MAIL OR DELIVER YOUR CLAIM FORM TO THE COURT, THE PARTIES TO.THIS ACTION, OR THEIR COUNSEfc-SUBMlT-YOUR CLAIM-FORM-ONLY-TO -THE CLAIMS-ADMINISTRATOR AT-THE ADDRESS SET FORTH ABOVE.
i i PAGE# TABLE OF CONTENTS
i i
PART I - CLAIMANT IDENTIFICATION
3-4 PART II - GENERAL INSTRUCTIONS
PART III - SCHEDULE OF TRANSACTIONS IN HP COMMON STOCK 5 i
PART IV - SUBMISSION TO JURISDICTION OF COURT AND ACKNOWLEDGEMENTS 6 i
6 PART V - DEFINITIONS AND RELEASE
7 PART VI • REPRESENTATIONS >
8 REMINDER CHECKLIST
1 '. Important - This form should be completed IN CAPITAL LETTERS using BLACK or DARK BLUE ballpoint/fountain pen..Characteri 'and marks used : -
' s h o u l d b e s i m i l a r i n t h e - s t y l e t o t h e f o l l o w i n g : v - ' ' ' " ' ' * ' 1 ' "
/\1BICID1E1FT6I
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 71 of 175
i
2
PART I - CLAIMANT IDENTIFICATION
Claimant or Representative Contact Infofniatiort: . >
- The Claims Administrator will use this information for all communications relevant to this Claim (including the. check, if eligible for payment). If this information changes, you MUST notify the Claims Administrator in writing at the address above.. -' ' - '• • •
e name(s) to appear on the check, if eligible for payment; ——| 1 1 1- " M ' I L *. . . '
ill • 1'
cozirn m i n
City: . Ust 4 digits of Claimant SSN/TIN:1 rm En: m fe * . Account Number: '/• '>
ETD : State: Zip Code: - Country (if Other than U.S.): • Name of the Person you would like the Ciaims Administrator to Contact Regarding This Claim'(if different,from the!
. C l a i m a n t N a m e ( s ' ) l i s t e d a b ' b v e : ) f ' " ^ ' • .
I n Daytime Tele'ph'one Number: Evening Telephone Number:
Email Address.., (EmaJtmdress ta rH>< I^ulred, tujttf you pro^Hyo* authorize Bi ClalrmAtfciilnrrtFatoftouM it In provMlfiB you w<thlnfam»aBQt>re<gvant to INs clilnv.)..
I I I
NOTICE REGARDING ELECTRONIC FILES: Certain claimants with large numbers of transactions may request to,'or may be requested to, submit information regarding their transactions in electronic files. To obtain the mandatory electronic filing and file layout, please visit the Settlement website at www.HPSecuritiesLitigationSettlement.com or you may e-mail the Claims Administrator's electronic filing department at the required-electronic filing format will be subject to rejection. No electronic files will be considered to have been properly submitted unless the Claims Administrator issues an emal after processing your file with your claim numbers and respective account information. Do not assume that your file has been received or processed until you receive this email. If you do not receive such an email within 10 days of your submission, you should contact the electronic filing department at
.com. Any file not in accordance with
To view Gaitlen.City Group, LLC's Privacy Notice, please visit http://www.gardencitygroup.eom/p.rivacy 'The last lour digits of the taxpayer ktenlification number (TIN), consisting of a valid Social Security Number (SSN) for individuals or Employer Identification Number (EIN) tor business entitles, trusts, estates, etc., and telephone number of the beneficial owner{s) may be used in verifying (his claim.
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 72 of 175
u\;.
3
PART II - GENERAL INSTRUCTIONS ' 1 1 i !- »' r
To recover as a member of the Settlement Class based on your claim in the action entitled in re HP Securities Litigation, No. 3:12-cv-05980-CRB (the "Action"), you must complete this Proof of Claim form ("Claim Form"). If you fail to submit a Claim Form by the deadline, your claim may be rejected and you may be precluded from any recovery from the Settlement Fund created m connection with the proposed setttement of the Action ("Settfement"), as set forth in the Stipufation of Settlement and R e l e a s e d a t e d J u n e 8 , 2 0 1 5 ( " S t i p u l a t i o n " ) . . . .
A.
Submission of this Claim Form, however, does not ensure that you will share in the proceeds of the Settlement B. Fund created in this Action.
C. TO BE ELIGIBLE TO RECEIVEADISTRIBUTION FROM THE SETTLEMENT FUND CREATED INTHIS ACTION, YOU MUST MAIL YOUR COMPLETED AND SIGNED CLAIM FORM TO THE CLAIMS ADMINISTRATOR POSTMARKED ON OR BEFORE OCTOBER 31, 2015. ADDRESSED AS FOLLOWS:
/n re HP Securities Litigation Settlement do GCG
Claim Administrator P.O. Box 10224
Dublin. OH 43017-5724
If you are NOT a member of the Settlement Class, as defined in the Notice of Pendency of Class Action and Proposed Settlement, Settlement Fairness Hearing and Motion for Attorneys' Fees and Reimbursement of Litigation Expenses (the "Notice"), then DO NOT submit a Claim Form.
D.
E. If you are a member of the Settlement Class as defined in the Notice and do not timely request exclusion from the Settlement Class, you are bound by the terms of any judgment entered in the Action, WHETHER OR NOT YOU SUBMIT A CLAIM FORM.
—INSTRUCTIONS FOR-CLAIMANT-IDENTIEICATION-SCHEDULE . . ....
A. This Claim Form must be submitted by the beneficial purchaser or acquirer of the publicly traded Hewlett-Packard Company ("HP") common stock upon which this claim is based, or by the authorized legal representative of such purchaser or acquirer.
B. If you purchased or otherwise acquired publicly traded HP common stock between August 19,2011 and November 20,2012, inclusive (the "Settlement Class Period"), and held the stock in your name, you are the beneficial purchaser or acquirer as well as the record purchaser or acquirer. If, however, the stock was registered in the name of a third party, such as a nominee or brokerage firm, you are the beneficial purchaser or acquirer and the third party is the record purchaser or acquirer.
C. Use "Part I" of this form (above) entitled "Claimant identification" to identify the beneficial purchaser or acquirer of the HP common stock which forms the basis of this claim:'. . .
Please Note: - A separate Claim Form should be submitted for each separate person or legal entity (e.g., a Claim Form from-joint owners should not include separate transactions of just one of the joint owners, and an individual should not combine his or her IRA transactions with transactions made-solely in the individual's.name).. Conversely, a, single Claim Form should be submitted on behalf of one legal entity that includes all transactions made by that entity no matter how many separate accounts that entity has (e.g., a corporation with multiple brokerage accounts should include all transactions in HP common stock on one Claim Form, no matter how many accounts were associated with the transactions).
D.
All joint purchasers/acquirers must sign this Claim Form.
If you are acting in a representative capacity on behalf of a Settlement Class Member, such as an executor, administrator, guardian, conservator, trustee or other legal representatives, you must complete and sign this Claim Form on behalf of persons or entities so represented. Satisfactory evidence of your authority must accompany this Claim Form and your titles or capacities must be stated. The last four digits of the Social Security (or taxpayer identification) number and telephone number of the beneficial owner may be used in verifying the claim. Failure to provide the foregoing information could delay verification of your claim or result in rejection of your claim.
a T*
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 73 of 175
4
PART II - GENERAL INSTRUCTIONS (CONTINUED)
INSTRUCTIONS FOR SCHEDULE OF TRANSACTIONS
A. Use "Part 111" of this form (below) entitled "Schedule of Transactions in HP Common Stock" to supply all required details of your transaction(s) in and holdings of HP common stock. If you need more space, attach separate sheets giving all of the required information in substantially the same form. Sign and print or type your name on each additional sheet.
B. Please provide all of the requested information with respect to all of your purchases, acquisitions and sales of HP common stock, regardless of whether such transactions resulted in a profit or a loss. 'Failure to report all such transactions may result in the rejection of your claim. Please note: only HP common stock purchased or otherwise acquired during the Settlement Class Period (i.e., the period between August 19, 2011 and November 20, 2012, inclusive) is eligible to potentially recover under the Settlement. However, because information regarding your sales of HP common stock during the period from November 21, 2012 to February 15, 2013, inclusive (the "QO-day look back period"), will be used for purposes of calculating your Recognized Claim under the Plan of Allocation contained in the Notice, information with respect to your purchases and acquisitions of HP common stock during that period as well as your holdings of HP common stock at the close of trading on February 15,2013 is needed in order to balance your claim. While your purchases and acquisitions during the 90-day look back period will not be used for purposes of calculating your Recognized Claim pursuant to the Plan'of Allocation, the information is necessary in order to process your claim. .
- C. List each transaction separately and in chronological order by trade date, beginning with the earliest. You must accurately provide the month, day, and year of each transaction you list.
D, . Copies of documents evidencing your transactions in and holdings of HP common stock (such as broker confirmations) must be attached to your Claim Form. Failure to provide this documentation could delay verification of your claim or result in rejection of your claim.
^ _ E. The above requests are designed to provide the minimum amount of information necessary to process the simplest claims. The Claims Administrator may request additional information as required to efficiently and reliabfy calculate your losses. If the Claims Administrator cannot perform the calculation accurately or at a reasonable cost to the Settlement Class with the information provided, the Claims Administrator may condition acceptance of the claim upon the production of additional information and/or your agreement to pay any increased costs due to the nature and/or scope of your claim.
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 74 of 175
\ • .
CUMM i
5
PART Hi - SCHEDULE OF TRANSACTIONS IN HP COMMON STOCK
BEGINNING HOLDINGS: Number of shares of HP common stock held at the close of trading on August 18,2011. If none, write "zero" or "0".
"VgW--: EZ.
PURCHASES/ACQUISITIONS; Purchases or Acquisitions of HP common stock from -August 19, 2011 to February i&, 2013, inclusive (which includes the 90<lay look back period)1. (Must be documented.)
i Trade Dale(s) of Purehase(s^AcqulSilion(s)
(List Chinnologicaly Monft/Day/Year)
Purchase/Acquisition Price Per Share ol HP
• Common Stock
Number ol Shares of ' HP Convnon Stock
Purct)ased/Ac(|uired
Aggregate Cost (exdwfing convnissions, . taxes and fees) 1
ni Ji uy iiigEs iceiiu i i LUi [ • -V •-
3?i
m i
3.
SALES: Sales of HP common stock from August 19,2011 to February 15, 2013, inclusive (which includes the 90-day look back period). (Must be documented.) •
L1 J .11'J.11;! I"?'. !,MlVj5'.'"'rr a-.ir.-ir-..Lm.^nTii><T»MHli/ir|<<flW«"ir»r^;i>r-r •«£sas5^ Sals Prtce Per Da(e(£}of Sale(s)
(List Chronologically) (Monlh/Day /Year)
Number of Shares Amount Recelvsd Share of HP Common
Stock of HP Common
Slock Sold (excluding commissions,
taxes and fees) IT
frtiirfcaL ft Qg L-IMQM f If BoleB \0 msm
THl I3i2j6 6 3 O MO P s V2i
m f/i
3H
UNSOLD HOLDINGS: Number of shares of HP common stock held at the close of trading i on February 15,2013 (the last day of the 90-day look back period). If none, write "zero" or j; "0". (Must be documented.) jj
D.
fSnarisl
i; As set forth above. Information requested wllh respect to your purchases and acquisitions ot HP common stock between November 21, 2012 and February 15,2013, Inclusive, is needed in order (o balance your claim; purchases and acquisitions during this period, however, are not eligible lo participate in the Settlement as these purchases and acquisitions are outside the Settlement Class Period (/.e., August 19,2011 to November 20.2012, inclusive) and will not be used for purposes of calculating your Recognized Claim pursuant to the Plan of Allocation.
f\b'D\y\o^i\L- stfe&T
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 75 of 175
5
PART III - SCHEDULE OF TRANSACTIONS IN HP COMMON STOCK
fflnrm BEGINNING HOLDINGS: Number of shares of HP common stock held at the dose of trading on August 18,2011. If none, write "zero" or "0".
A.
Shares ,
PURCHASES/ACQUISITIONS:' Purchases or Acquisitions of HP common stock from'August 19, 2011 to February 15,2013, inclusive (which includes the 90-day look back period)1. (Must be documented.)
Trade Date(s) of Purdias6{syAcquisition(s)
(List Chronologically Month/Pay/Year)
Purchatt/AcqulsJUon Price Per Share o( HP Common Stock
Number of Shares of ' HP Common Stock
Purchased/Acquired
Aggregate Cost (excluding commissions,
(axes and fees)
,®®/{ii2i rrriM^oi UMW UWMW rniSbbl : v rrtfTi Zl .
ffl;tXtSE®. • •;a®®.'' • 'Dn@SB!@ . ' rrrwm. o® ®. > ujn M w
rMi. M : rnwmm
i
C. SALES. Sales of HP common slock from August 19,2011 to February 15,2013, inclusive (which includes the 90-day look back period). (Must be documented.)
A:, M 'i LIVJ. a - I ~n l".. --.v.-?; J I .nfgjj. _ jgr?T
fedxCO -Ji_? j . 11 f I-} ^TTIgtrgSg ijita
Amount Received*" (eidiidtng commissions,
taxes and foes)
Number of Shares Daia(s) of Saia(a) (List Chronological!]
(Month/Day /Year]
Sale Price Per Share of HP Conunon
Stock or HP Common ' Stock Sold
.TOjseyyiji! .-nnniicig- •JBHH cnsii0i,io@ MS'iaS'lIia 11 I isiotoi '• • III/" VM: I I Rlfeaoliiogl
rrmogi: 051:170 .• mmMm 111 igobi -nrfflgiii:' rmsmm n I'l7iolol CHHl-Ml - IT1WI .M-
/ /
•1|6r|?fe| 1124 ; tmwimi
UNSOLD HOLDINGS: Number of shares of HP common stock held at the close of trading on February 15,2013 (the last day of the 90-day look back period). If none, write ''zero" or "0". (Must be documented.)
D. rem ' Shares
1 PiMsa imte; As set forth above, information requested with respect to your purchases and acquisitions of HP common stock between November 21.2012 and Febmary 15,2013. inclusive, is needed in order to balance your claim; purchases and acquisitions during this period, however, are not eligible to participate to the Settteinent as these purchases and acquisJUons are outside the Settlement Class Period (Le., Augusl 19,2011 to November 20,2012. inclusive) and will not be used for purposes of calculating your Recognized Claim pursuant to the Plan of Allocation. I
7 IF YOU.NEEE) ADDITIONAL SPACE TO LIST YOUR TRANSACTIONS YOU MUST . : PHOTOCOPY THIS PAGE AND CHECK THIS BOX ^
g IF YOU DO NOT CHECK THIS BOX THESE ADDITIONAL PAGES WILL NOT BE REVIEWED
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 76 of 175
Wi
YOU MUST READ THE SECTION ENTITLED "DEFINITIONS AND RELEASE" AND SIGN THE SECTION ENTITLED ' "REPRESENTATIONS' ON PAGE 7. FAILURE TO SIGN MAY RESULT IN A DELAY IN
. * PROCESSING OR THE REJECTION OF YOUR CLAIM. .
PART IV - SUBMISSION TO JURISDICTION OF COURT AND ACKNOWLEDGMENTS
I (We) submit ifiis Proof of Ciaim Form under the terms of the Stipulation of Settlement and Release described in the Notice. I (We) also submit to the jurisdiction of the United States District Court for the Northern District of California with respect to my (our) claim as a Settiemenl Class Member and for'purposes of enforcing the release set forth herein and any Judgment which may be entered in the Action. I (We) further acknowledge that I (we) am (are) bound by and subject to the terms of any Judgment that may be entered in the Action.
I (We) agree to fumish additional informationito the Claims Administrator to.support this claim if required to do so.
PART V - DEFINITIONS AND RELEASE
I (We) hereby acknowledge full and complete satisfaction of,• and do hereby fully, finally, and forever settle, discharge, and release all "Settled Claims" against all "Released Parties," including "Unknown Claims," as defined below.
- _ (a) . "Settled Claims" means any and all claims, rights, demands, liabilities, sujts, matters, issues, debts, obligations, losses and causes of action of every nature and description, whether fixed or contingent, accrued or unaccrued, liquidated or unliquidated, at law or in equity, matured or unmatured, class or individual in nature, suspected or unsuspected, concealed or hidden, whether known claims or Unknown Claims (as defined herein),,whether arising, underffederal, state, foreign, or common law, that Lead Plaintiff or any other member of the Settlement Class; (a) asserted in the Complaints or coulc) hav^assertedjn any fomm that arise out of,or are based upon the allegations, transactions, facts, matters or occurrences, representations, or omissions Involved, set forth, or referred to in the Complaints and (b) that relate to any purchase or acquisition of HP common stock from August 19, 2011 through November 20,.2012, inclusive, Settled Claims shall not include any claims: (I) that members of the SettJement Class may have arising solely under ERISA, including without limitation in the action captioned In re HP ERISA Litigation, No. C-12-6199 (N.D, Cal.), (ii) that members of the Settlement Class may have solely in a derivative capacity, including without limitation in the action captioned In re HP Shareholder Derivative Litigation, No. C-12-6003 CRB (N.D. Cal.), or (iii) to enforce the terms of the Settlement. For the avoidance of doubt, Settled Claims shall also exclude any and all claims referenced in paragraph 0 of the Stipulation.
(b) "Released Parties" means collectively, all Defendants and their Related Parties. , < • i •. i., i '• • • • • •
(c) "Related Parties" means, (1) with respect to HP, its predecessors, successors, past, present or future parents, subsidiaries, and affiliates (including without limitation Autonomy Corporation Limited, Autonomy Systems Limited, and Autonomy- Inc., (collectively, the "Autonomy Entities")). SpinCo and its predecessors, successors, past, present or future parents, subsidiaries, and affiliates, and, with respect to HP, SpinCo and the Autonomy Entities, each of their respective past or present officers, directors, agents, partners, principals, members, employees, attorneys, advisors, auditors and accountants, insurers and reinsurers, and any firm, trust, corporation, or other entity in which HP, SpinCo or the Autonomy Entities has or had a controlling interest; (2) with respect to the Individual Defendants, their respective spouses, marital community, immediate family members, heirs, successors, executors, estates, administrators, attorneys, accountants, personal representatives, trusts and any other entity in which an^ofthem has a controlling interest, and as to such entities, each and all of their predecessors, successors, past, present or future parents, subsidiaries, affiliates, and each of their respective past or present officers, directors, shareholders, agents, partners, principals, members, employees, attorneys, advisors, trustees, auditors and accountants, insurers and reinsurers. For the avoidance of doubt, Sushovan Hussain, Qatalyst Partners and Deloitte U.K. LLP shall also be included within the definition of Related Parties, as they were formerly an employee, advisor, or accountant, respectively, affiliated with one or more of the Autonomy Entities.
< • . '] * * * *
(d) "Unknown Claims" means any and all Settled Claims which Lead Plaintiff and/or any other Settlement Class Member does not know or suspect to exist in his, her or its favor at the time of the release of such claims, and any^ Released Parties' Claims which,the Settling Defendants'or any other Released'Party does not know or suspect to exist in his, her or its favor at the time of the release of such claims, which if known by him, her or it might have affected his, her or its decision(s) with respect to the Settlement. With respect to any and all Settled Claims and Released Parties' Claims, the Settling Parties stipulate and agree that upon the Effective Date, Lead Plaintiff and the Settling Defendants shall expressly waive, and each other Settlement Class Member and each other Released Party shall be deemed to have waived, and by operation of the Judgment shall have expressly waived, any and all provisions, rights and benefits conferred by any law of any state or tem'tory of the United States, or principle of common law, which is similar, comparable, or equivalent to Cal, Civ. Code § 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which If known by him or her must have materially affected his or her settlement with the debtor.
Lead Plaintiff and Settlement Class Members acknowledge, and by operation of law shall be deemed to have'acknowledged,, that they may hereafter discover facts in addition to or different from those which, he, she or it now knows or believes to be true with respect to the subject matter of the Settled Claims, but Lead Plaintiff shall expressly, fully, finally and forever settle and release, and each Settlement Class Member, upon the Effective Date, shall be deemed to have, and by operation of the Judgment shall have fully, finally, and forever settled and released any and all Settled Claims, whether known or unknown, suspected or unsuspected, concealed or hidden, that now exist, or heretofore existed, or may hereafter exist, and without regard to the subsequent discovery or existence of such different or additional facts. Lead Plaintiff and the Settling Defendants acknowledge, and each other Settlement Class Member and each other Released Party by operation of law shall be
i
l
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 77 of 175
7
'f PART V - DEFINITIONS AND RELEASE (CONTINUED) /
deemed to have acknowledged, that the inclusion of "Unknown Claims" in the definition of Settled Claims and Released Parties' Clai separately bargained for and was a key element of the Setttement. 1
2. This release shall be of no force or effect unless and until the Court gives final approval to the Settlement and the Effective
ms was
Date'occurs.
PART VI - REPRESENTATIONS
1. I (We) hereby warrant and represent that I (we) have not assigned or transferred or purported to assign or transfer, voluntarily or involuntarily, any matter released pursuant to this release or any other part or portion thereof.
I (We) hereby warrant and represent that 1 (we) have included information aboul all of my (our) purchases, acquisitions and sales transactions in MP common stock which occurred from August 19, 2011 to February 15, 2013, inclusive, as well as the number of shares of HP common slock held by me (us) al the close of.trading on August 16,2011, and the close of trading on February 15; 2013.'
' I (We) certify that I am (we are) not subject to backup withholding under the provisions of Section 3406(a) (1) (C) of the Internal Revenue Code. ~ • ' ' • ' " > • '• * •
-NOTE: If you have been notified by the Internal Revenue Service that you are subject to backup withholding,' please strike out the language that you are hot subject to backup withholding in the certification above. ') •
I declare under penalty of perjury under the laws of the State of California and the United States of Ameilca that the foregoing information supplied by Ihe undersigned is true and correct and tTiat
Executed this
3.
2-O davofOtTO&^RjZOlS in (Month) (Year) irCounl
is being made on behaff of Joint Claimants, then each must sign.) J H I 1 nfj •
Signature of Claimant !
(Qcros&fc. 2.0, 2_o\s : Print Name of Claimant . Date
Signature of Joint Claimant, if any ** i i
' • > ; " •
Print Name of Joint Claimant, if any Date
if Claimant Is other than an indlviduaf, oris not the person compieting this form, ttiQ following also must be provided:
' \ I
\
Signature of Person Completing Form i
Print Name of Person Completing Form Date i * i
i
Capacity of person signing on behalf of claimant, if other than an individual, e.g., executor, president, trustee, custodfan, etc,
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 78 of 175
-
6
-REMINDER CHECKLIST
Please sign the Representalions section of the Claim Form on Page 7.
If this claim is being made on behalf of joint claimants, both must sign.
Remember to attach supporting documentation.
Do not send original stock certificates or documentation. These items cannot be returned to you by the Claims Administrator.
Please do not highlight or use red pen on any portion of the Claim Form or any supporting documentation.
5.
Keep a copy of your Claim Form and all documents submitted for your records. 6.
The Claims Administrator will acknowledge receipt of. your Claim Form by mail, within 60 days. Your claim is not deemed filed until you receive an acknowledgement postcard. If you do not receive an acknowledgement postcard within 60 days, please call the Claims Administrator.
If your address changes in the future, or if this Claim Form was sent to an old or incorrect address, please send the Claims Administrator written notification of your new address. If you change your name, please inform the Claims Administrator.
0
9. If you have any questions or concerns regarding your claim, please contact the Claims Administrator at the address below or toll-free at (888) 985-9382, or visit www.HPSecuritiesLitigationSettlement.com.
THIS CLAIM FORM MUST BE MAILED, POSTMARKED NO LATER THAN OCTOBER 31, 2015, ADDRESSED AS FOLLOWS:
In re HP Securities Litigation Settlement do GCG
Claims Administrator P.O. Box 10224
Dublin, OH 43017-5724
!
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 79 of 175
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 80 of 175
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on S
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ithout (2) D
escribe the error or the transfer yau are unsure ebout, and explain as ciearty as you
independent varificaUon by T
O A
meritrade
Values m
ay not reflect the original purchase
can why you believe A
isan w
tot fir-why
you need more inform
ation,
pnes, actual marttat value or be realized upon liquidation, if en
estimated value can
nai
{3) Tell u
s the ttollsr amount of the su
spected
error.
be established Ihrough th
ese mettw
qs. the valuatian nw
y be reflected as N
crt-Prioed
will Inveshgats your com
plaint and m
il csfrect any error promptly. If w
* talis moie uian
!'NP
'}. F
ee addfMrtal
da tail regarding
valuation tor N
on-Stsndard
Assets,
please
lObusin
ess days »do this, w
ewili creiit your account for the am
ount you think is in error,
contact Client S
ervices Tflew
irvvesiments a
re n
ot covered under the S
'PC
. so
that yog win n
ave th&
use of ih
e money during tfte
im®
it takes u
s to com
plete pur
nvvesugabon.
^Oue to
rounding edjystmeriis, the statem
ent details m
ay pot equal Ihe staiem
erit lotals.
'Estim
ated A
nnual Iricome and
Estim
aiafl Annual V
ieid values ere cased upon
the
number o
t shares ow
ned or current value balance as of ihe statem
ent d
ate and the
rrost recent dividend rate or cash
yield provrdso.
I !
GE
NE
RA
L IN
FOR
MA
TIO
N
TO
Am
eritrade does not pm
wde leg
ator tax advice. P
lease consult your legal advtsoror
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ecessary. A
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urp
oses
For TO
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maritrade Institutional d
ients,
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ot
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ith TD
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entraaa, Inc. or TD
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eritrade Cteah-ng. tne., and each A
rm is not
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ccuracy
of R
eports:
N you
fin
d an
y errors or om
ission
s In you
r accoun
t
eteremen
r yeu sttou
ld Inrm
Adtatety call u
s at Che
nu
mb
er listed o
n p
age on
e of
your etsten
ient.
Yeu
sh
ould
atao
contact
aur
Clearin
g firm
, T
D
Arrm
rltrade
Clearin
g. Inc. at 402-970-7724. P
lease review this statem
ent carefully. It yoj d
isagree w
ith any transaction, or if there
are any errors or onutsien
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lient Services repceH
^tative or your local
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s weft as T
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laartng, tnc In vm
tmg w
nhtn ten pO
] days o(
ycur receipt of this statement. A
fty orat steiemferte th
at you hav
e made to u
s should be
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nWig. T
he statement M
l) otherwise be considered coneiuslve
Please nobly us prom
ptly of any chan
ges
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Am
entrade Imm
ediately.
AM
TO
ISO O
Sf52
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 81 of 175
Statement R
eporting Period: 08/01/12 - 08/31/12
Am
eritrade "ID
A
nn
ou
ncem
ents:
OU
R O
NL
INE
ME
SS
AG
E C
EN
TE
R L
ET
S
VO
U S
EN
D S
EC
UR
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MA
ILS, R
EC
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AC
CO
UN
T IN
FOR
MA
TIO
N A
ND
MA
INT
AIN
A
RE
CO
RD
OF
CO
MM
UN
ICA
TIO
NS W
ITH
US
. JU
ST
CL
ICK
TH
E M
ES
SA
GE
CE
NT
ER
LINK
O
N T
HE
HO
ME
TA
B W
HE
N V
OU
LO
G IN
.
600-823-2835 T
D A
ME
RIT
RA
DE
D
IVISIO
N O
F T
D A
ME
RIT
RA
DE
INC
P
O B
OX
2209 O
MA
HA
, NE
66103-2209
Po
rtfolio
Su
mm
ary
Perfo
rman
ce Su
mm
ary In
co
me &
Exp
ense S
um
mary
Cash
Activity S
um
mary
page 1 of 7
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 82 of 175
Statement for A
ccount #| 08/0V
12 - 08/31/12
Onlin
e C
ash S
erv
ices S
um
mary
Y
ear To
Date
Cu
rrent
.. Descrip
tion
TOTA
L
Inco
me S
um
mary
Detail
Year to
Date
Description
Cu
rrent
'This section display* cu
rrent a
nd y
ear to d
ate
taxation values for this a
cco
un
t. The curienl totals m
ay net equate to the total payments listed
on this sta
tem
ent a
s correctio
ns to tax reporting m
ay also be included. These corrections
can inclu
de changes m
ade to previous p
aym
ents a
nd rem
oval of p
aym
ents reportable In a
previous tax year (spillaver dividends). Tfie y
ear to
date totals will accu
rately relied y
our cum
ulatlvi amount for
the year. \
Acco
un
t Po
sitio
ns
Estim
ated Incom
e Y
ield M
arket P
urchase V
alue Da*®
U
nrealized G
aln(Loss) A
verage C
ost S
ymbol/
Investment D
escription C
USIP
Cost
Basis
Current
Quantity
Price
(1,781.00) 1,531.20
3.1%
HE
WLE
TT PA
CK
AR
D C
O
HP
Q
17.49 48,952.00
08/23/12 50,733.00
16.86 2,900
CO
M
To
tal Stocks
page tofT
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 83 of 175
Statement for A
ccount #| 08/01/12-08/31/12
Account P
ositio
ns
Online C
ash S
ervices T
ransaction Detail
Am
ount Transaction D
ate D
escription C
ategory
Account A
ctivity Sym
bol/ C
US
IP
Transaction/ C
ash Activity*
Trad
e D
ate S
ettle A
cct Type
Balan
ce A
mount
Quantity
Price
Descrip
tion
D
ate
page 3 of 7
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 84 of 175
Statement for A
ccount #1 08/01/12-08/31/12 A
cco
un
t Ac
tivity
Sym
bol/ . -
CU
SIP
S
ettle A
cct D
ate T
ype
Transaction/ C
ash A
ctivity*' . .
Trade D
ate Q
uantity _
P
rice A
mount
Balance
™ D
escription • -
I
page 4 of 7 v
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 85 of 175
Statement for A
ccount #| 08/01/12-08/31/12 A
ccount Activity
Transaction/
Cash A
ctivity*' Sym
bol/ - • C
USIP -
.Trade.
Date
Settle,
Acct
Date
Type
Price B
alance Q
uantity A
mount
Description
17.6
1
(21,1
37.0
0)
08
/23
/12
08
/28/1
2
Margin
Buy-S
ecurities P
urch
ased
HE
WL
ET
T P
AC
KA
RD
CO
H
PQ
1,200 C
OM
17.4
2
(22,6
51.0
0)
08
/27
/12
08/3
0/1
2
Margin
Buy - S
ecurities P
urch
ased
HE
WL
ET
T P
AC
KA
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CO
C
OM
HE
WL
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T P
AC
KA
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HP
Q
1,3
00
17
.35
(6
,94
5.0
0)
400
08
/27
/12
0
8/3
0/1
2
Margin
Buy - S
ecurities P
urch
ased
HP
Q
Closing B
alance 'F
or C
ash
Activity to
tals, refer to th
e C
ash
Activity S
um
mary
on p
age o
ne of y
our sta
lem
enl.
TP
Am
eritrade Cash
Interest Credit/E
xpense
page 5 of 7
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 86 of 175
Statement for A
ccount # 08/01/12-08/31/12
TP
Am
eritrade Cash
Interest Credit/E
xpense Interest
Credited
Num
ber of D
ays Interest
Rate
Interest D
ebited M
argin C
redit B
alance B
egin D
ate - B
alance
Insured Deposit A
ccount Interest Credited
Trad
es Pen
din
g S
ettlemen
t Settle
Symbol/
CU
SIP T
rade Price
Date
Account
Type
Date
Am
ou
nt
Quantity
Investment D
escription $ 3
70.7
4
$ 0
.14
08/3
1/1
2
09/0
4/1
2
SE
LL
H
EW
LE
TT
PA
CK
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O
HP
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ep 2
2 1
2 1
8.0
C
Margin
29
-
page 6 of 7
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 87 of 175
Statement for A
ccount # 08/01/12-08/31/12
Insu
red D
eposit Account A
ctivity T
racking E
xpense D
ate C
leared C
heck N
umber
Date
Written ~
Transaction
Balance
Code
Code
Am
ount D
escription
$0.00 TD
Bank N
A
FD
IC In
sured
Dep
osit A
ccount (ID
A) b
ala
nces reflected
in your b
rok
erage a
ccount a
re F
DIC
-lnsu
red up lo ap
plicab
le hmils an
d h
eld
by TD
Ban
k, N
.A., o
rTD
Ban
k
US
A, N
.A., o
r both
. T
he ID
A b
ala
nces a
re n
ot co
vered
by th
e
Securitie
s Investo
r Pro
tection C
orp
oratio
n (S
IPC
) pro
tection ap
plicab
le to y
our b
rake/a
ge a
cco
un
t
pag
e? of 7
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 88 of 175
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 89 of 175
Term
s and Conditions
STA
TE
ME
NT
GU
IDE
A
uction Rale S
6cu
iilie$
CA
RS
*) Pricin
g:
The rrarket v
alues
Tor AR
S securities have
been obtained, if available, from
quotation services or other indapendent sou
rces. The
aecureey of Uis pneing is not guerenleed
If a market value is not evailable
TD
Am
emrada
will p
nce the A
RS
position, taking inlo consideration both the liquidity and underlying cradii
quality. Th
e AR
S markei Is currently expenencing a lack of liquidity an
d, a
s a result. Ihsre can be no assu
rance lhal aucft M
curities can 69 sold undsr current martcet conditions
Acco
unt P
rotectio
n: D
eposits field by TD
Bank. N A
. and T
D
Bank U
SA, N
A, are
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IPC
) up to 5250,000.
Lim
its ara per account ow
nership per institution. T
o ream
more aboul FD
!C coverage go lo w
ww
.fdic.gov. S
ecurities including m
utual funds, held tn your B
rokerage Account ere not deposits or
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or guaranteed
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not F
DIC
-insurea, and
involve investm
ent risks, m
duding possible loss of principal. T
D A
meri trade, Inc. is a m
ember of
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ecurities Investor
Protection
Ccrpcration
(SIP
C),
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protects securities
customers o( iu
m
embers up to 5500,090 (including $250,000 for
claims for cash).
Explanatory
brochure av
ailable.o
n
request at w
ww
sipc.org T
O
Am
arilrade also
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(or each
client
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he $149.5 million
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ach client is Um
ted to a combined
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or London. T
he TO
Am
erltrade insurance
Policy d
oes have an
agg
regate total coverage of 1
25
0 m
illion overall
customers. T
his policy provides you coverage against theft follow
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oes not
protect against loss in m
arket value of Hie securities.
An Invesim
ent in a money m
arket fund is rot Insured
or guaranteed by the F
ederal D
eposit Insurance Corporation (FD
IC) or arty other governm
ent agency. Although
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are, it is possible to lose
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oney market fund. D
ividends are declared daily and
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vestecf monU
ily. The prospectus contains this an
d other im
portant inforrnatic/i. R
ead ifte praspectus carefully before Investing N
on-deposit inv
astirenls held by your
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OT
FD
IC
INSU
RE
D I
NO
T B
AN
K G
UA
RA
NT
EE
D 1 M
AY
LO
SE
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AL
UE
.
Tax R
epo
rlins:
The portfolio report is not a lax doeum
ani Y
ou will receive Form
1099 for annual tsi reporting in com
pliance with IR
S requirem
ents (mdudes taxable interest,
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withheld, end sales proceeds). S
ome
payments are
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ill be reflected on subsequent lax reports.
Cost
Bajle:
Cost-B
asis, tax lot
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ance reporting and
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ekeeper are
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H IN
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ation T
D
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entrade and
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CC
H
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OR
POR
AT
ED
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entrade.
Margin an
d O
ptio
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ccount Agreem
ents;
Prom
ptly advise TD
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entrade in wnlng
of any chan
ge in your m
vestmert objectives or financial situation as they pertain to your
margin
or options
account agreem
ents A
sum
mary
of com
missions
and ch
arges
Incurred with the execubon of options transactions is available.
Curren
t M
arket P
rices: T
he
market
values cl
secunbes
nave been
obtained, if
available, from quotation services and other independent so
urces. V
alues are based on tha closing price, the m
ean between the bid and asking pnces, or other
methods, if no
market value is available from
a quotation service or other independent so
urce,
the security is subject
to being refleded as
Non-P
nced fNP
"). T
he valuations on your portfolio
report are pioviJod
as general
information and
we
do not
guarantee the accurscy
of any securities p
nces. M
ortgage backed positions are valued
using the rem
aining balance and the current market price
Porrtoho report
valuations may
not represent sales
pro
ceeds. T
he secondary market for C
erbficates of D
eposits (CD
s) is generally illiquid
and the actual value
may be different from
the purchase
pnca. A
significant loss of
principal may result from
the sale of a CD
prior to maturity. B
onds and/or F
ixed Incom
e Securities trade differently than equity securities and d
o not trade
on a liquid exchange. Rather,
they trade in the OT
C (over the counter) m
aricel and sufficient liquidity m
ay not exist for you to sell your position prior to maturity. T
he sale of bonds prior to iretunty m
ay result in a loss of principal
Hon S
tandard
Aasets (N
SA) are typically investm
ents in direct parliapetion
program
secuntles (partnerships, lim
ited liability compsntes, or
real estale investment trusts),
comm
odity pools, private equity, pnvate deb
tor hedge funds. N
SA
s are typically illiquid investm
ents and do not trade on a national secunties ex
chan
ge or the N
asdaq Stack
Market
Th
e values shown for
these investm
ents are estimated values derived
from
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ited to, independent appraisals, the program's net
assets, and/or third perty len
der offers lhat have b
een provided by the
managem
ent, adm
inistrator, and/or sponsor of
each program
, or by a
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ithout independent verification by T
D A
mentrade
Values m
ay not reflect the original purchase
price, actual market value or be realized upon liquidation
If en estimated value cannot
be established through Ihese m
ethods, the valuation may be reflected a
s Non-P
nced ("N
P"). F
or additional
detail regarding
valuation for
Nori-S
tandard A
ssets, please
contact Client S
ervices. T
hese investm
ents are not covered under the SIP
C.
"TD A
mentrade
provides m
onthly Portfolio
Reports
for accounts
with
activity and
quarterly reports for inactive accounts with assets.'
Portfolio S
um
mary
: Tracks the curreni value of your portfolio a
s of the report date and
compares
it to
the prior
month.'
The
asset allocation .indicates
your portfolio
diversification by investment type.
Multiple allocations under 5%
will be grouped
into the category of 'O
ther* in the pie chart. M
argin Equity = T
otal Account E
quity/(Tota] L
ong MarginaW
e Value + T
otal Short
Value)
Activity S
um
mary
: T
he opening and closing cash
balan
ces ara reconaled here for
your fluick reference
All account activity is sum
marized for the current period an
dyear-
to-data.
Income A
Expense S
um
mary
{non-IRA
a only): T
his section details Ihe income and
expen
se totals from the A
ctivity Sum
mary and classifies the lax treatm
ent.
Retirem
ent Acco
unt S
umm
ary (IRA
s only): R
eview the IR
S (egulatea transactions
for the current and pnor years. IRS
Form 5499 fair m
arket value is based on the current value as of
Decem
ber 31 of the previous year and w
ill be furnished lo the Iniernal
Revenue S
ervice
Perfo
rman
ca Sum
mary
: M
onitor your annuel portfolio performance and the unrealized
gains and losses for your future Investm
ent strategy.
Account P
ositio
ns:
View
your investments at the current
market value end com
pare the original co
il to see unrealized gains and lo
sses in your portfolio, Original cost
is assigned using tha first-in.
first-out (FIFO) m
ethod, which assu
mes the first sh
ares you sell are th
ose you purchased first
The estim
ated investment Incom
e3 and average cost
per share are displayed for your reference (the oldest
purchase dale
is shown
for an
indication of your holding penod)
Account A
ctivity: A
ll account activity is clearly defined, listed m
dale order, an
d
reflected in the closing cash balance.
Trad
es Pen
din
g S
ettlemen
t: C
onfirm your executed
trades w
ith a settlam
eni date
after month en
d. T
hese transactions will b
e reflected in the Account A
ctivity section next m
onth
Online C
ash S
ervices T
ransactio
n D
etail: C
ash managem
ent transactions that cleared during this statem
ent reporting period, including cheek, debit card and ATM
activity, are listed in data order.
Online C
ash S
ervices S
um
mary
: C
redit and debit transaction
totals for the current stalem
erH reporting period are sum
marized, Individual transactions are not listed.
'Du
e lo rounding adjusUnents, the statem
ent details may not equal the statem
ent totals. 'E
stimated A
nnual Inooma and
Estim
ated Annual Y
ield values are based
upon the
number of sh
ares ow
ned or current value balance a
s of the slatem
em d
ate and the
most recent dividend rate or cash
yield provided.
RE
GU
LA
TO
RY
DISC
LO
SUR
ES
All transactions ara subject to (1] lha consbiution, rules, regulations, custom
s and usag
es of the exchange or m
arket, end
its dearingrtouse, if any,
on which such transactions are
executed, (n) federal laws, including the S
ecunties Act of 193-1 and the S
ecurities Exchange
Act of 1934, each as am
ended to data and in the future,
and the rules and regulabons prom
ulgated thereunder; end
(ill) the rules and
regulations of FIN
RA
and the F
ederal R
eserve System
.
For an
investor brochure that in
dudes inform
ation describing FIN
RA
15 Public D
isdosure P
rogram, please contact FIN
RA
at 600-289-9999 or ww
w.finra.01g.
Th
e interest rate show
i for TO
Am
eri trade Cash is taken from
tha applicable interest rata bar for Ihe
Market V
afua balance in Ihe T
D A
merilrade C
ash, as of
the statemen
t closing date. S
imple interest
is accrued daily based on the interest rate tier applicable to each
day's balance.
Financial S
tatemen
t Notification:
Tha statem
ent of financial condition for T
O A
mentrade
is available
twice
a year
and m
ay be
obtained at
no cosi,
via the
internet al
hap //wim
.idemenlrade.com
/finanaalstatemenl htm
l.
Allocation
Method:
In tha event any
of your secunb'es are
called or
assigned, the
secunties w
ill be seleded
on an im
pamal, random
basis.
Free C
redit Balan
ces (Rule l5
e3-2
& 3):
Under the d
ient protection rules, w
e m
ay use
fr&e credit balances in your account in
the ordinary co
urse of
our bu
siness w
hich are
payable to you on demand.
Margin
Acco
unts
(Reg
ulatio
n
T);
II you
have a
margin
accounl, this
report, is a com
bination of
your margin account and
a special m
eiriorandum account. T
rading on m
argin poses additional risks
and is not suitable for all investors. A com
plete list ol the nsks associated w
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argin nsk disclosure docum
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ber listed on page o
ne of
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t (or
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low
(SE
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Rules
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e circum
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D A
mentrade
receives compensation
for directing certain over-the-counter
and listed equity order flow
lo selected m
arkets, brokers or dealers ("Market C
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ompensation
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erilrade also m
ay receive com
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ased on
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provement on
market
orders. P
nce irrprovem
enl is available
under certain
market
conditions, and we regularly m
onitor executions to test for such Improvem
ent If available
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onfirm
ations (R
ule 10b-1O):
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itted on the transaction date.
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olicy Notification:
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D A
mentrade pnvacy policy is available at
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eritrade.com
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NE
RA
L IN
FOR
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iaase consult your legal edvisor or lax accountant w
hen necessary. As a standard
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ay be recorded for quality control end transaction verificabon purp
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D A
merilrade Institutional cfiants. your advisor firm
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ol Reports:
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AfrfTD iS00S
n2
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 90 of 175
Statem
ent Reporting P
eriod: 09/01/12-09/30/12
Am
eritrade ID
S
tatemen
t for Account #|
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no
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cemen
ts; •
ID A
ME
RITR
AD
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JOIN
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FOR
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TION
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EV
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AY
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DE
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D
IVIS
ION
OF TD
AMER
ITRAD
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PO
SO
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OM
AH
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Portfolio S
umm
ary E
stimated
Income
Estim
ated Y
ield Period
Change
%
Current V
alue Prior
Value
Portfolio Allocation
Change
Investment
Perfo
rman
ce Sum
mary
C
ash A
ctivity Sum
mary
Income &
Expen
se Sum
mary
pag
e 1 of 6
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 91 of 175
Statem
ent fo
r Acco
un
t 09/01/12 - 09/30/12
Online C
ash S
ervices S
umm
ary Y
ear To D
ate D
escription C
urrent
Income S
umm
ary Detail*
Acco
un
t Positio
ns
Estim
ated
Income
Yield
Market
Purchase
Value
Date
Average
Cost
Unrealized
Gain(L
oss) C
ost B
asis S
ymbol/
Investment D
escription C
USIP
Current Price
Quantity
(1,259.00) 1,531.20
3.1%
49,474.00 08/23/12
. 50,733.00
17.49 H
EW
LET
T P
AC
KA
RD
CO
H
PQ
C
OM
17.06
2,900
Total S
tocks
pag
e 2 of 6
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 92 of 175
Statem
ent for A
ccount #
09/01/12-09/30/12
Account P
ositio
ns
Market
Purchase
Value
Date
Estim
ated Sym
bol/ Investm
ent Description
CU
SIP C
ost B
asis A
verage C
ost U
nrealized .
Galn{L
oss) Incom
e Y
ield C
urrent Price
Quantity
HE
WLE
TT
PA
CK
AR
D C
O
HP
Q O
ct 05 12 17.5 C
0.1564 (312.82)
09/27/12 (379.65)
0.19 20-
66.B3
Total S
hort Options
Total M
argin Account
Online C
ash S
ervices T
ransactio
n D
etail A
mount
Category
Transaction D
ate D
escription
TOTA
L
Account A
ctivity T
ransaction/ C
ash Activity*
Symbol/
CU
SIP T
rade D
ate S
ettle A
cct D
ate T
ype Q
uantity P
rice B
alance A
mount
Description
Opening B
alance 08/31/12
09/04/12 M
argin S
ell - Securities S
old $ 0.14
$ 378.74 H
EW
LET
T P
AC
KA
RD
CO
H
PQ
Sep 22 12 18.0 C
TO
OP
EN
C
omm
ission 26.75 R
egulatory Fee 0-51
29-
pag
e 3 of 6
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 93 of 175
Statem
ent for A
ccount #
09/01/12-09/30/12 Account A
ctivity Symbol/
CUSIP
Settle
Acct
Date
Type
Transaction/
Cash A
ctivity* T
rade D
ate Price
Balance
Quantity
Am
ount D
escription
,1
29 0.00
HE
WLE
TT
PA
CK
AR
D C
O
HP
Q S
ep 22 12 18,0 C
EX
PIR
AT
ION
09/24/12 09/24/12
Margin
Received • O
ther
page 4 of 6 ' !
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 94 of 175
Statem
ent for A
ccount #| 09/01/12 -09/30/12 A
cco
un
t Activ
ity Sym
bol/ C
USIP
Settle
Acct
Date
Type T
ransaction/ C
ash Activity*
Trade
Date
Balance
Quantity
Price
Am
ount D
escription
379.65 H
EWLETT PA
CKA
RD C
O
HPQ
Oct 05 12 17.5 C
TO O
PEN
Com
mission 20.00
20-
0.20 09/27/12
09/28/12 M
argin Sell - Securities Sold
Pan
i il-at^
PM
ft *35
Closing B
alance 'F
or C
a&h A
ctivity totals, refer to the C
ash
Activity S
umm
ary on
page on
e o
f you
r state
ment.
TD
Am
eritra
de
Cash In
tere
st C
red
it/Exp
en
se
Tra
de
s Pendin
g S
ettle
ment
Symbol/
CU
SIP T
rade D
ate S
ettle A
ccount T
ype A
mount
Quantity
Price
Date
Investment D
escription $ 5,870.84
Margin
HP
Q
$ 17.19 09/26/12
400-10/01/12
SELL H
EWLETT PA
CKA
RD C
O
CO
M
8,614.80 H
PQ
17.24
09/26/12 10/01/12
500-SELL
HEW
LETT PACK
ARD
CO
C
OM
M
argin
page 5 of 6
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 95 of 175
Statem
ent for A
ccou
nt #
09/01/12 - 09/30/12
Trad
es Pen
din
g S
ettlemen
t S
ettle D
ate S
ymbol/
CU
SIP T
rade D
ate A
ccount T
ype A
mount
Quantity
Price Investm
ent Description
page 6 of 6 i
/
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 96 of 175
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 97 of 175
Term
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on
ditio
ns
ST
AT
EM
EN
T G
UID
E
Account P
rotectio
n: D
eposits held by ID
Bank, N
A
ana TO
Bank U
SA, N
A,
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imits are per account
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o learn
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IC coverage go lo w
*w.faic,9ov,
Securitias, induding m
utual funds, heia in your B
rokerage Account are not deposits or
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y
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efitrade, Inc is a mem
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Investor P
coteclion C
orporation (S
IPC
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hich prelects
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ers of its m
smbers up lo SSO
O.O
OO
(including $250,000 for dalm
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xplanatory brochure
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al vw
w.sipc org.
TD
A
meritrade
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million
wrth
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through supplem
ental coverage
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ondon insurers T
he $149.5 minion of coverage m
eludas an additional SSO
O.O
OO
limit o
r cash
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Eacti d
ient is lim
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rustee, SIP
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ondon T
he TD
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emrade Insuranca
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ats tout coverage of $250 m
iNlon over all custom
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oes not
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ss in market value of th
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An investm
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arket fund is nol insured or guaranteed
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orporauon (FD
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are, it is possible to lose m
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ead Ihe prospectus carefully before investing. N
on-deposil investments held by your
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T FD
IC IN
SUR
ED
I N
OT
BA
NK
GU
AR
AN
TE
ED
I M
AY
LO
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V
AL
UE
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he portfolio report is not a tax document. V
ou will receive Form
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ome
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ptio
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reemen
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summ
ary of
comm
issions and ch
arges
incurred with ih
e execution of options transactions is available.
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arket P
rices: T
he m
arket values
of securities
heve been
obtained, if
available, from quotabon services and other independent so
urces. V
alues are based on th
e dosin
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een the bid and asking prfces, or other methods. II no
market value is available from
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the secunty is subject to
being reflected as
Non-P
nced {"NP").
The valuations on your
portfolio report are
provided as
gsn
eial m
formatlon
and V
A
do nol guaxenlse (he
accuracy of any securities prices. Mortgage
backed positions are valued
using (he rem
aining balance and Uie current
market
price. Portfolio report valuations may net
repiesen
t sales proceeds T
he secondary
market for C
ertificaies of D
eposits (CD
s) is generally illiquid
end the actual value
may
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the purchase
pnee. A
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ay result from
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D
prior lo maturity, B
onds andfar Fixed
income S
ecurities trade differently than equity securties and do nol trade
on a liquid exchange. Rather, they trade In
the OT
C (over
the counter) market an
d
suffidsnt liquidity may not exisl for you to sell your position prior to m
alunty. The sale of
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ay result in a loss of principal.
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ale Secu
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ricing
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he
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ortfolio R
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Portfolio S
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compares
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the
prior m
onth. 3 T
he asset
allocalion indicates
your portfolio
diversificsUon by inveslm
enl type.
Multiple allocations under 5%
will be grouped
into the category of
'Oth
er' in the pie chart. M
argin Equity = T
otel Account E
quity/(Tolal L
ong Marginabla V
alue + Total S
hort V
alue)
Activity S
um
mary
: T
he opening and dosing cash
balan
ces are reconciled here for
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.
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se totals from th
e Activity S
umm
ary and classifies the lax treatment.
Retirem
ent Acco
unt S
um
mary
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s only
): R
eview the IR
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trensastians for the currem
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ervice.
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rman
ce Su
mm
ary: M
onitor your annual portfolio performance and Ihe unrealized
gains and losses for your Future investm
ent strategy.
Account P
ositio
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View
your Investments at the current m
arket value and compare
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hich assum
es the first sh
ares you sell are th
ose you purchased first
The estim
aled investment incom
e3 and av
erage cost
per share are displayed for your reference (the oldest purchase d
ate is shown for an
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ctivity: A
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Trad
es Pen
din
g S
ettlemen
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onfirm your executed trad
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hese transactions w
ill be reflected in the A
ccount Adivity section neict
month.
Online C
ash Serv
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saction D
etail; C
ash manegem
em iransactions lhat
cleared during Ibis statement reporting panod, including check, debit card and A
TM
activity, are listed In dale order
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ash S
ervices S
um
mary
: C
redit and debit transaction totals for Ihe current
statement reporting period are sum
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ay not equal the slatement totals.
Estim
ated
Annual Incom
e and
Estim
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Yield values
are based
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number of sh
ares owned or current value balance a
s of the statem
ent dale end the
most recenl
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GU
LAT
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Y D
ISC
LOS
UR
ES
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ecurities Act of 1933 and the S
ecurities Exchange
Ad of 1934, each as
amended tc d
ate find in (he future, end the rules and regulations
promulgated
thereunder; and (lii) the rules and
regulations of FINR
A and
the Federal
Reseive S
ystem.
For an
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RA
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isclosure P
rogram, please contact FIN
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entrade Cash, as of
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g
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vviv.!tla maritrade.conV
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l
Allocalion
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redit Balan
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nder the client protection rules, we m
ay use
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If you
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erforandum account. T
rading on
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oses additional nsks and is not suitable for all in
vesto
r. A com
plete lisl of the risks associated w
ith margin trading (s
available in the margin risk disdosure docum
ent. You
may obtain a copy of this docum
ent by contacting us at the num
ber listed on pag
e one of ycur statem
ent.
Paym
ent for
Ord
er F
low
(SE
C
Rules
606 and
607): In
som
e circum
stances. T
O A
msnlrade
receives com
pensetion lor directing certain
over-lhe-counter and
listed equity order flow
to selected m
arkets, brokers or dealers ('M
arket Centers'). C
ompensation
is in the form of
a per share cash
payment. In addition, T
D A
meritrade also m
ay receive com
pensaiion related
to the faraign
currency exchange com
ponent of transactions in
foreign secunbes from
M
arket Cen
ters executing such trades, W
e post quarterly reports disdosing the v
enues for order routing execulion at
UM
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entrade com A
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11 is our policy, absen
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akers based on Ihe ability lo
provide be
st execution and the history of seeking price
improvem
ent on
market
orders P
nce im
provement
is available under certain
market
conditions, and we regularly m
onitor executions to test lor su
ch im
prD
vem
ent if available.
Trade C
onfirm
ations (R
ule I0b
-10
); A
ll confirmations are transm
itted on Ihe transaction date.
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olicy Notification:
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 98 of 175
1
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eriod: 10/01/12 -10/31/12
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page 1 of 5
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 99 of 175
Statem
ent fo
r Acco
un
t # 10/0
1/1
2-1
0/3
1/1
2
Online C
ash S
ervices S
umm
ary Y
ear To D
ate C
urrent D
escription
;; ;•
Income S
umm
ary Detail*
s
Acco
un
t Positio
ns
Estim
ated -
Income
Yield
Market
Purchase
Value
Date
Cost
Basis
Unrealized
Galn(L
oss) S
ymbol/
Investment D
escription C
USIP
Current P
rice A
verage C
ost Q
uantity
Stocks • M
argin
HEW
LETT PAC
KA
RD
CO
H
PQ
CO
M
$17.0
0
$(1,576.94) $
264.00 3.8%
$6,925.00
10/10/12 $8,501.94
$ 13.85 500
•i
Total S
tock
s
Total M
argin Account
-.T1
i page 2 of 5
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 100 of 175
:
Statem
ent fo
r Acco
un
t # 1
0/0
1/1
2-1
0/3
1/1
2
Online C
ash S
ervices T
ransactio
n D
etail C
ategory Transaction D
ate D
escription A
mount
TOTA
L
Account A
ctivity
Trade D
ate T
ransactio
n/
Cash
Activity*
Sym
bol/ C
US
IP
Settle
Acct
Date
Type D
escription Q
uantity A
mount
Balance
Price
Opening B
alance
09/26/12 10/01/12
Margin
Sell - S
ecurities Sold.
HE
WLE
TT PA
CK
AR
D C
O
CO
M
Com
mission 5.00
Regulatory Fee 0.16
HE
WLE
TT PA
CK
AR
D C
O
CO
M
Com
mission 5.00
Regulatory Fee 0.20
HP
Q
$ 17.19 $ 6,370.84
400-
09/26/12. 10/01/12
Margin
Sell - S
ecurities Sold
HP
Q
500-17.24
8,614.80 :;
10/03/12 10/03/12
Margin
Div/lnt - Incom
e H
EW
LETT P
AC
KA
RD
CO
H
PQ
. 382.80
0.00 C
OM
P
ayable: 10/03/2012 Q
UA
LIFIED
DIV
IDE
ND
S 382.80
pa
ge
3 o
f 5
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 101 of 175
Statem
ent fo
r Acco
un
t # 870-459275 10/01/12-10/31/12 A
ccou
nt A
ctivity T
rade
Date
Transaction/ C
ash A
ctivity* S
ettle A
cct D
ate T
ype
Sym
bol/ C
US
IP
Description
Quantity
Price
Am
ount B
alance
10/08/12 10/08/12
Margin
Received - O
ther H
EW
LETT P
AC
KA
RD
CO
H
PQ
Oct 05 12 17,5 C
E
XP
IRA
TION
0.00 20
10/10/12 10/15/12
Margin
Buy - Securities P
urchased H
EW
LETT P
AC
KA
RD
CO
C
OM
C
omm
ission 5.00 H
EW
LETT P
AC
KA
RD
CO
C
OM
C
omm
ission 5.00 H
EW
LETT P
AC
KA
RD
CO
C
OM
C
omm
ission 5.00 R
egulatory Fee 0.30
HP
Q
14.16 (11,333.00)
000
10/10/12 10/15/12
Margin
Buy - S
ecurities Purchased
HP
Q
14.04 (1,409.00)
100
10/18/12 10/23/12
Margin
Sell - Securities S
old H
PQ
900-
14.7517 13,271.23
pag
e 4 of 5
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 102 of 175
Statem
ent fo
r Acco
un
t #1 10/01/12 • 10/31/12 A
ccount Activity
Trade D
ate S
ymbol/
CU
SIP
S
ettle A
cct D
ate Type
Tran
saction
/ C
ash A
ctivity* Q
uantity A
mo
un
t B
alance D
escription P
rice
11,3
62.7
4
HE
WLE
TT PA
CK
AR
D C
O
CO
M
Com
mission 5
00
Regulatory Fee 0.26
HE
WLE
TT PA
CK
AR
D C
O
CO
M
Com
mission 5,00
Regulatory Fee 0.23
HP
Q
10/25/12 10/30/12
Margin
Sell - S
ecurities Sold
800-
14.21
700- 14.0917
9,856.96 10/26/12
10/31/12 M
argin S
ell - Securities S
old H
PQ
Clo
sing
Balance
'For C
ash
Activity to
tals, re
fer to th
s Cash A
ctivity Sum
mary o
n p
aje
one of yo
ur statem
ent.
TP
Am
ehtrad
e Cash
Interest C
redit/Expense
Total Interest lncome/(E
xpense)
pag
e 5 of 5
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 103 of 175
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 105 of 175
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 106 of 175
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 107 of 175
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 108 of 175
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 109 of 175
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 110 of 175
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 111 of 175
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 112 of 175
In re HP Securities Litigation Settlement c/o GCG Claims Administrator P.O. Box 10224 Dublin, OH 43017-5724 (888) 985-9382 HWD0295872990
Mailing Date: July 25,2016 RESPONSE DUE DATE: August 15, 2016 Claim No: 1482863
Eligible Securities/CUSIP: HP Common Stock/428236103
Class Period: 8/19/20J1 through 11/20/2012, inclusive
NOTICE OF REJECTION OF YOUR ENTIRE CLAIM
THIS IS THE ONLY NOTICE YOU WILL RECEIVE WITH RESPECT TO THIS CLAIM
Dear Claimant(s):
We have received and processed the Proof of Claim Form ("Claim Form") that you submitted in connection with the In re HP Securities Litigation Settlement. Based on our review of the Claim Form and documentation you submitted (if any), your Claim has been conditionally rejected in its entirety pursuant to the terms of the Court approved Settlement.
Your Claim may have been rejected for one or more reasons. If you wish to cure your Claim, please review the attached "Rejection Reason^)" document and respond accordingly. Please note the following when responding:
You must include a copy of this notice with any response and reference your Claim Number on all submissions. Your response must be received or postmarked no later than the Response Due Date noted above. If you fail to respond by the Response Due Date, or your response fails to cure the rejection reason(s) identified, your Claim will be rejected in its entirety.
Please take a moment to read What You Need to Know which is enclosed with this notice. If you still have any questions regarding this notice or if you want to confirm the status of your Claim after you submit a response to this notice, please call us toll-free at (888) 985-9382. If you would like to view or download the Settlement Notice (which contains the Plan of Allocation), you may do so on the settlement website at www.hpsecuritieslitigationsettlement.com.
Very truly yours.
Garden City Group, LLC
Claims Administrator
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 113 of 175
Claim No: 1482863
REJECTION REASONfS-)
1. THE CLAIM DOES NOT RESULT IN A "RECOGNIZED LOSS" AS DEFINED BY THE COURT-APPROVED PLAN OF ALLOCATION.
Under the terms of the Court-approved Plan of Allocation set forth in the Notice (which was contained in the Notice that was mailed to you along with your Claim Form, and is available for review on the Settlement website, www.hpsecuritieslitigationsettlement.comV the transactions included in the Claim Form for the Claim referenced on the first page of this notice do not calculate to a Recognized Loss, and, therefore, the Claim is not eligible to receive a recovery from the Net Settlement Fund.
Please note that your "Recognized Loss" is not intended to equal your actual "market loss" (the amount of money you actually lost), therefore it is possible that you lost money but still have no "Recognized Loss" under the Court-approved Plan of Allocation.
HOW TO RESOLVE: Unless you had purchases of eligible Hewlett-Packard Company ("HP") common stock during the Settlement Class Period (i.e., between August 19, 2011 and November 20, 2012) that are not included in the Claim Form you submitted, and/or your holding position(s) were incorrectly set forth, this is NOT a curable deficiency.
If you did have eligible purchases of HP common stock that were not reflected in your original submission and/or your holding position(s) were incorrectly set forth, you must submit all of the information and supporting documentation for those purchases and/or holding position(s) as called for in the Claim Form as well as documentation to support the disposition or retention of those additional shares. All transactions and holding positions in your Claim Form must be properly documented. Specifically, the supporting documentation must reflect the purchase/sale date for each transaction, the number of shares purchased/sold in each transaction and the price paid/received per share in each transaction. With respect to the required "holding" position(s), the documentation need only support the number of shares held as of the date(s) set forth in Claim Form. Acceptable documentation includes securities broker's confirmation slips, month and year-end account statements or similar documentation (handwritten or self-generated documents are not acceptable).
PLEASE NOTE: Curing this deficiency is an absolute requirement in order for the Claim to be eligible. If there are other deficiencies in the Claim and they are cured, the Claim still will not be eligible, even for "partial acceptance," unless you had additional purchases of HP common stock that are properly documented which would result in the Claim calculating to a Recognized Loss under the Court-approved Plan of Allocation.
***
If you do not intend to supply additional information/documentation, and you still disagree with the determination, you may request Court review of the determination. To request Court review, you must send a letter to the claims administrator within twenty (20) days of the date of this letter and it must: (1) specifically state that you "request that the Court review the rejection of your claim," (2) state your argument(s) for why your claim should be accepted, (3) attach any supporting documents you may have to support your argument, and (4) be signed. Please also include a copy of this letter when requesting Court review of the rejection of your claim. Your claim and its administrative rejection will be presented to the Court for review.
UPON RECEIPT OF SUPPORTING DOCUMENTATION, YOUR CLAIM WILL BE RE-REVIEWED TO DETERMINE WHETHER OR NOT YOUR CLAIM HAS BEEN CURED.
COURT REVIEW MAY BE REQUESTED IF YOU DISAGREE WITH THE DETERMINATION TO REJECT YOUR CLAIM.
AS A REMINDER, THIS IS THE ONLY NOTICE THAT YOU WILL RECEIVE REGARDING THIS REJECTION.
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 114 of 175
•??:
CLAIM No: 1482863
Ref No:
In re HP Securities Litigation Settlement
c/o GCG
Claims Administrator
Dear Claims Administrator,
I am writing to you in response to the NOTICE OF REJECTION OF ENTIRE CLAIM that I have received the other day. It states that based on the review of the Claim Form that I had submitted^ my Claim has been conditionally rejected because it "DOES NOT RESULT IN A RECOGNIZED LOSS AS DEFINED BY THE COURT-APPROVED PLAN OF ALLOCATION".
I am sincerely perplexed by this Notice. 1 had purchased eligible HP common stock during the Settlement Class Period between August .19,-2011 and November 20, 2012. The purchases were made mostly ^ because of the false and misleading statements issued by the Defendant in relation to the acquisition of Autonomy and value the acquisition added to HP as a company and its common stock.
As a result of my purchases of the HP common stock during the Settlement Period I incurred heavy losses which I really hoped to at least partially offset through this HP Securities Class Action Litigation Settlement. I have carefully re-reviewed the Court-approved Plan of Allocation with corresponding dates and 1 believe that my losses in HP Common Stock, do qualify as a Recognized Loss as defined by the
• court. I am re-sending the statements from my brokerage and the print-out with consolidated purchases and sales of HP stock during the Settlement period. Unfortunately, the original Claim Form is no longer available on www.HPSecuritiesLitigationSettlement.com website. I hope that the Notice of Rejection is a result of an error either on my original Claim Form or elsewhere.
If my Claim is not cured, I will request a Court Review since I absolutely disagree with the Determination to reject my Claim. My losses are real and legitimate, occurred as a direct result of the Defendant's.
t actions, and this whole Litigation was initiated with the goal to correct that.
Sincerely,
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 115 of 175
Statement Reporting Period: 08y01/12-08/31/12 Ameritrade
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BOO-S23-283S TOAMERITRAOE DIVISION OF TD AM6RITRAOE INC PO BOX 2209 OMAHA, NEeei03-2209
Portfolio Summary Current
Value Prior
Value Period
Change 7. Estlmatad
Income Estimated
Yield Portfolto Allocation Change Investment
Performance Summary Income S Expense Summary Cash Activity Summary
p«QMof7
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 116 of 175
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eritrade PO
BOX 733
Benseiem
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 117 of 175
Statem
ent for Account #
08/01/12 -08/31/12
Online C
ash Services Sum
mary
Year To D
ate C
urrent D
escription
TOTA
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Income Sum
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Average
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USIP
Quantity
1,531.20 3.1%
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06/23/12 50,733.00
17.49 2,900
16.80 H
EWLETT PACKARD CO
H
PQ
CO
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Total Stocks
page 2 of 7
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 118 of 175
Statement for A
ccount # 08/01/12-08/31/12 A
ccount Activity Sym
bol/ C
USIP
Trade D
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Acct
Transaction/
Cash A
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Quantity
Am
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Date
. .1,200 .
17.61 (21,137.00)
06/23/12 08/28/12
Margin
Buy - Securities Purchased . H
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KA
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(22,651.00) H
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08/27/12
08/30/12 M
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400 17.35
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08/27/12
08/30/12 M
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Closing B
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or Cash A
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; TO
Am
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Interest C
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page 5 of 7
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 119 of 175
A
Statement for Account A 09/01/12-09/30/12 I
Online Cash Services Summary iriCtlOti Current
Income Sumniary Detail '
can Induds dunsis mads lo previous paymenuand ramovil of payments laporUbis In a iravloustaiveirlspliovsrdhclendi}. The yeirto dais toulswil accurately refled your eunulalheaniounlfw the yetr.
Account Posiliors Estimated Mark* Purehaw Symbol/ Current Cost Average Unrealized
page 2 of 6
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 120 of 175
Statem
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 121 of 175
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 122 of 175
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2 of 5
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 124 of 175
Statem
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page 3 of 5
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 125 of 175
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page 4 of 5
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 126 of 175
Statem
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page S of 5
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 127 of 175
Statem
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page 3 of 5
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 128 of 175
Statem
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 130 of 175
Tiffan^Sgeakmari
Edyta Czaplicka Thursday, December 08, 2016 12:05 PM
From: Sent:
DublinTasks To: FW: HP Securities Litigation Settlement Claim 1482863 HWD Notice Final.pdf
Subject: Attachments:
Tiffany Categories:
Please scan the below email to ATF in HWD
Edyta Czaplicka Project Manager, Operations 631-470-1B39 edyta.czaplicka(3!qardencitvqroup.com
Garden Cily Group, LLC 1985 Marcus Ave. Lake Success, NY 11042
Partner with Performance®
From: Luiggy Segura . Sent; Tuesday, October 18, 2016 3:57 PM To: Cc: HWDInfo Subject: HP Securities Litigation Settlement Claim 1482863
As discussed over the phone, according to the Court-approved Plan of Allocation, the claim is not calculating to a Recognized Loss. '
Specifically, your claim was processed based on paragraph 8; section "B" of the Court-approved Plan of Allocation. For' your convenience, attached is the Notice for the HP Securities Litigation Settlement with highlighted portions releyant to L . your claim. . . .: ' -
Please review the Plan of Allocation and reply to this email to confirm the withdrawal of your request for the Court to review your claim.
If you have any further inquiries, please contact me.
Thank you,
Luiggy Segura Project Supervisor, Operations
1
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 131 of 175
GCG'; Gardan City Group, LLC 1965 Marcus Ave. Lake Success, NY 11042 T:631-47Q-5156 luiqgy.seQuragiqardencitvarQUp.com | www.qardencitvqroup.com
u
t
I
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 132 of 175
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
MASTER FILE NO. 3:12-CV-0598b-CRB IN RE HP SECURITIES LITIGATION. This Document Relates To: AH Actions
CLASS ACTION
NOTICE OF PENDENCY OF CLASS ACTION AND PROPOSED SETTLEMENT, SETTLEMENT FAIRNESS HEARING AND MOTION FOR ATTORNEYS' FEES AND REIMBURSEMENT OF LITIGATION EXPENSES
A U.S. Federal Court authorized this Notice. This is not a solicitation from a lawyer.
Notice of Pendency of Class Action: Please be advised that your rights may be affected by a class action lawsuit (the"Action") pending in the United States District Court for the Northern District of California (the "District Court" or "Court") if, during the period' -between August 19, 2011 and November 20, 2012, inclusive (the "Settlement Class Period"), you purchased or otherwise acquired the • publicly traded common stock of Hewlett-Packard Company ("HP" or the "Company"). . • "
Notice of Pendency of Settlement: Please also be advised that the Court-appointed Lead Plaintiff PGGM Vermogensbeheer B.V. {"PGGM" or "Lead Plaintiff), on behalf of itself and the proposed Settlement Class (as defined in below), has reached a proposed settlement of the Action with defendants HP and Margaret C. Whitman (together, the "Settling Defendants") for a total of $100,000,000 in cash that, if approved, will resolve all claims in the Action.1 ' .
PLEASE READ THIS NOTICE CAREFULLY. This Notice explains important rights you may have, Including the possible receipt of cash from the Settlement. If you are a Settlement Class Member, your legal rights will be affected whether or not you act. -
Description of the Action and Settlement Class: This Notice relates to a proposed Settlement of claims in a-' pending class action lawsuit brought by investors alleging that the price of HP's publicly traded common stock was artificially inflated . during the Settlement Class Period as a result of alleged false and misleading statements concerning HP's acquisition of Autonomy Corporation pic ('Autonomy"), including statements regarding Autonomy's value and the reasons for Autonomy's poor performance after its acquisition. The proposed Settlement, if approved by the Court, will settle claims of all persons who purchased or otherwise acquired HP's publicly traded common stock between August 19, 2011 and November 20, 2012, inclusive (the "Settlement Class"), , except for certain persons and entities who are excluded from the Settlement Class by definition (see Question € below) or who timely and validly elect to exclude themselves from the Settlement Class (see Questions 13-15 below). .
Statement of Settlement Class's Recovery; Subject to Court approval, and as described more fully below, Lead Plaintiff, on behalf of itself and the Settlemenl Class, has agreed to seltle all claims based on the purchase or acquisition of HP's publicly traded common stock that were or could have been asserted in the Action in exchange for a payment of $100,000,000 in cash (the "Settlement Amount") to be deposited into an escrow account (the "Settlemenl Fund"). The Net Settlement .Fund {i.e., the . Settlement Fund less any: (i) Taxes; (ii) Notice and Administration Costs; (iii) Litigation Expenses awarded by the District Court; and (Iv) attorneys' fees awarded to Lead Counsel by the District Court) will be distributed in accordance with a plan of allocation of settlement ' proceeds that is subject to Court approval. The proposed plan of allocation (the "Plan of Allocation") is attached hereto as Appendix A. The Plan of Allocation may be modified by the Court without further notice. . .
Statement of Average Amount of Recovery Per Share: Lead Plaintiff's .damages expert estimates that approximately 973 million shares of HP publicly traded common stock purchased or otherwise acquired during the Settlement Class Period (i.e., between August 19, 2011 and November 20, 2012, inclusive) may have been damaged by the conduct at issue in the' " Action: If all Settlement Class Members elect to participate in the Settlement, the estimated average recovery per damaged share of HP common stock would be approximately $0,10 of the $0.39 average damages per share as estimated by Lead PlaintffFs'damages ' expert before deduction of Court-awarded attorneys' fees and Litigation Expenses and the costs of providing notice and administering the Settlement. Settlement Class Members should note, however, that this is only an estimate based on the overall number of ' potentially damaged shares. Some Settlement Class Members may recover more or less than the estimated average recovery per share. Settlement Class Member recoveries will depend on, among other things: (i) the number of claims submitted; (ii) the amount of HP common stock purchased and/or acquired by the Settlement Class Member; (iii) the liming of such purchases and/or acquisitions; .. . (iv) whether the Settlement Class Member sold his, her, or its shares of HP common stock and, if so, when; (v) administrative costs; • including the costs of notice; and (vi) the amount of attorneys' fees and Litigation Expenses awarded by the Court.2 • .
Statement of Settling Parties' Position on Liability and Damages: The Settling Defendants have denied and' ' continue to deny all claims and contentions by Lead Plaintiff, as well as all charges of wrongdoing or liability against them arising out of' or related to any of the conduct, statements, acts, or omissions alleged, or that could have been alleged in the Action. The Settling Defendants believe the Action has no merit. The Settling Defendants deny that they made any false or misleading statements during . the Settlement Class Period, that they had the state of mind required to render any of the alleged misrepresentations and omissions actionable, and that any alleged loss was caused by any alleged misrepresentations. The Lead Plaintiff disputes ail of the foregoing.
< 4.
1 All capitalized lerms used in this Notice that are not otherwise defined herein shall have the meanings provided in the Stipulation of Settlement and Release dated June 8; • 2015 flhe "Slipiitetion'l. which is available on the wnbsila www.(HPSecunliest.HiaalionSetttemBnt.com. . ' '• •
5 See. e.g., 1[4 of Ihe Plan ol Allocation attached hereto as Appendix A, for a discussion of claims arising out of purchases/acquisitions of publicly traded HP common stock • made prior to May 23.2012, which were previously dismissed by the Court in its November 26, 2013 Order. ' -
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 133 of 175
i,J.
As a result, the Settling Parlies disagree on a number of issues, including, but not limited to: (i) whether the federal securities laws . were violated by the Settling Defendants' acts as alleged in the Complaints; (ii) whether statements made by the Settling Defendants to
the investing public concerning the acquisition of Autonomy were false and misleading; and (iii) to what extent the members of the Settlement Class have sustained damages, and the proper measure of damages.
. S. . Statement of Attorneys' Fees and Expenses Sought: Court-appointed Lead Counsel, Kessler Topaz Meltzer & ' ' Check, (.LP, has litigated the claims asserted in this Action on a wholly contingent basis since its inception and has conducted this
.. . litigation and advanced the expenses of litigation with the expectation that if it was successful in recovering money for the Settlement Class, it would receive fees and be paid for its expenses from the Settlement Fund, as is customary in this type of litigation. Court
. appointed Lead Counsel will apply to the Court for an award of attorneys' fees in an amount not to exceed eleven percent (11%) of the Settlement Amount, net-of Litigation Expenses, a percentage that was specifically negotiated by Lead Plaintiff in advance of this litigation pursuant to a fee grid which varied based upon the amount recovered and the point during the litigation at which the settlement
>' was'achieved,3 Lead Counsel's lodestar is approximately $8.5 million, a figure calculated by multiplying the hours expended to date on the Action by Lead Counsel for each attorney and professional by their respective hourly rates. If Lead Counsel applies for attorneys' fees in the amount of eleven percent (11%) of the Settlement Amount, net of Litigation Expenses, Lead Counsel will be seeking a multiplier of. less than 1.3 on its lodestar. Lead Counsel will also apply to the Court for reimbursement of Litigation Expenses in an amount-not to exceed $1.25 million, plus interest earned on both the fees and Litigation Expenses awarded at the same rate earned on
' this Settlement Fund, all to be paid from the Settlement Fund. The maximum amount of Litigation Expenses set forth above includes an estimate for reimbursement from the Settlement Fund for costs and expenses (including lost wages) incurred by Lead Plaintiff in connection with its representation of the Settlement Class in accordance with 15 U.S.C. § 78u-4(a)(4), in an amount not lo exceed
' $175,000. This amount represents reimbursement to be sought for the time expended by the Lead Plaintiff in representing the Settlement Class in this Action, that otherwise would have been spent on daily tasks by employees and personnel of PGGM. The amount Lead Plaintiff will seek will be based upon the hourly rates charged or calculated based upon the annual salaries of the
. ' individuals at PGGM who devoted time to this Action, multiplied by the number of hours they expended. Such time includes hours expended on document collection and production, attendance at a hearing, attendance at mediation, preparation for and attendance at depositions and participation in litigation strategy decisions. Lead Plaintiffs approval and recommendation of the Settlement is
. completely independent of the reimbursement award, such that if a lesser award or no award is granted, Lead Plaintiff still recommends the Settlement. If the above Litigation Expenses are requested and approved by the Court, the average cost per damaged share of HP
' common stock will be approximately 50.0124. Please note that this amount Is only an estimate.4
Identification of Attorneys' Representatives: Lead Plaintiff and the Settlement Class are represented by: Eli R. • Greenstein, Esq., One Sansome Street, Suite 1850, San Francisco, CA 94104, (415) 400-3000 and Andrew L. Zivitz, Esq. and Stacey
M. Kaplan, Esq., 280 King of Prussia Road, Radnor, PA 19087, (610) 667-7706, all of Kessler Topaz Meltzer & Check, LLP, www.ktmc.com.
6.
Reasons for the Settlement: Lead Plaintiffs principal reason for entering into the Settlement is the immediate cash benefit to the Settlement Class, without further risk or the delays inherent in continued liligation. The cash benefit under the Settlement
. must be considered against the significant risk that a smaller recovery - or, indeed, no recovery at all - might be achieved after contested motions, trial, and likely appeals, a process that could last several years into the future. Lead Plaintiff also believes that the Settlement is a favorable result in light of the risks of continued litigation. For the Settling Defendants, who have expressly denied and continue to deny all allegations of liability, fault, or wrongdoing whatsoever, the principal reason for entering into the Settlement is to eliminate the expense, risks, and uncertainty of further litigation to themselves and HP's shareholders.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: This is the only way to be eligible to receive a payment from the Settlement, if you are a Settlement Class Member and you remain in the Settlement Class, you will be bound by the Settlement as approved by the Court whether or not you submit a Claim Form. Instructions as to how to request a Claim Form are contained below. See Question 9 below. ,
SUBMIT A CLAIM FORM POSTMARKED NO LATER THAN OCTOBER 31, 201S
EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS BY SUBMITTING A WRITTEN REQUEST FOR EXCLUSION SO THAT IT IS RECEIVED NO LATER THAN OCTOBER 14. 2015 OBJECT TO THE SETTLEMENT BY SUBMITTING A WRITTEN OBJECTION SO THAT IT IS FILED OR POSTMARKED NO LATER THAN OCTOBER 14, 2015 ^
If you exclude yourself from the Settlement Class, you will not be eligible to receive, a ' payment from the Settlement. This is the only option that potentially allows you to ever
bring or maintain your own lawsuit against the Settling Defendants and the other Released Parties, or to be pari of another lawsuit, concerning the claims being resolved in this Settlement. See Questions 13-15 below.
i
If you do not like the proposed Settlement, the proposed Plan of Allocation, and/or the requests for attorneys' fees and Litigation Expenses, you may write to the Court and explain why you do not like them. You cannot object to the Settlement, the Plan of Allocation or the requests for attorneys' fees and Litigation Expenses unless you are a Settlement Class Member and do not exclude yourself.
3 Court-awarded Litigation Expanses, Including any reimbursement of Lead Plaintiffa COBIS and expanses, swill be deducted from 1he Settlement Amount prior to applying any -Court-approved percentage for attorneys' fees In accordance with the Court's standard practice of awarding attorneys' tees on a net basis '
* The estimated notice and claims administration costs for this Settlement, which shall be paid out of the Setllement Amount, are $2.5 million. The cost is only an estimate, however, as the administration has not fully commenced as of the date of this Notice The costs of notice and claime administraiion will largely depend upon ihe number of NoLices mailed and the number of claims submitted for processing. If the attorneys' fees and Litigation Expenses requested are approved by the Court and the notice and
- claims administration co&ts are 52.5 million, the average cost per damaged share of HP common atocK for all ol thase expenditures will be approximately $0,015.
2
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 134 of 175
GO TO A HEARING ON NOVEMBER 13, :015 AT 10:00 A.M., AND FILE A NOTICE OF INTENTION TO APPEAR SO THAT IT IS FILED OR POSTMARKED NO LATER THAN OCTOBER 14. 2015 -
Filing a written objection and notice of intention to appear allows you to speak' in Court about the fairness of the proposed Settlement, the proposed Plan of Allocation, and/or the requests for attorneys' fees and Litigation Expenses. If you submit a written objection, you may (but do not have to) attend the hearing and speak to the Court about your objection. If you do not attend the hearing, the Courtwill still consider your objection.
If you are a member of the Settlement Class and you do not submit a Claim Form, you will not be eligible to receive any payment from the Settlement. You 'will, however, remain a member of (he Settlement Class, which means that you give up your right to sue about the claims that are resolved by the Settlement and you will be bound by any judgments or orders entered by the Court in the Action.
• These rights and options - nd the deadlines to exercise them - are explained in this Notice. Please note: the date and time of the Settlement Hearing - currently scheduled for November 13, 2015 at 10:00 a.m. - is subject to change without further notice to the Settlement Class. If you plan to attend the Settlemenl Hearing, you shoutd check the website, www.HPSecuritiesUtiqationSettlement.com. the Court's PACER site or with Lead Counsel as set forth above to confirm thai no change to the date and lime of the hearing has been made. . .
DO NOTHING
• .The Court in charge of this case stiN has to decide whether to approve the Settlement. .Payments will be made if the Court -approves the Settlement and, if (here are any appeals, after appeals are resolved. Please be patient.
[END OF COVER PAGE]
WHAT THIS NOTICE CONTAINS
.-PAGES 4-5 BASIC INFORMATION 1. Why was this Notice issued? 2. What is this lawsuit about? 3. Why is this a class action? 4. Why is there a settlement? WHO IS IN THE SETTLEMENT
How do I know if I am part of the Settlement? 6. Are there exceptions to being included?
I am still not sure if I am included. THE SETTLEMENT BENEFITS - WHAT YOU GET 6. What does the Settlement provide? 9. How much will my payment be? 10. What am I giving upas part of the Settlement? 11. How can I get a payment? 12. When will I get my payment? EXCLUDING YOURSELF FROM THE SETTLEMENT CLASS 13. If t exclude myself, can I get money from this Settlement? 14. If l do not exclude myself, can I sue later? 15. How do I get out of the Settlement Class? THE LAWYERS REPRESENTING YOU 16. Do 1 have a lawyer in this case? 17. How will the lawyers be paid? OBJECTING TO THE SETTLEMENT 16. How do I tell the Court if I do not like the Settlement? 19. What Is the difference between objecting and excluding? THE COURT'S SETTLEMENT HEARING 20. When and where will the Court decide whether to approve the Settlement? 21. Do I have to come to the settlement hearing? 22. May I speak at the settlement hearing? IF YOU DO NOTHING..... 23. What happens if I do nothing at all? GETTING MORE INFORMATION 24. How do I gel more information? INFORMATION FOR BROKERS AND OTHER NOMINEES 25. What if I purchased publicly traded HP common stock for a beneficial owner? PLAN OF ALLOCATION OF NET SETTLEMENT FUND AMONG SETTLEMENT CUSS MEMBERS
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APPENDIX A
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BASIC INFORMATION
1. Why was this Notice issued?
This Nolice is being sent to you pursuant to an Order of a U.S. Federal Court because you or someone in your family or an investment account for which you serve as custodian may have purchased or otherwise acquired HP's publicly traded common stock during the
" • ' Settlement Class Period. This Notice explains the lawsuit, the terms of the Settlement and your legal rights and options in connection with the Settlement before the Court decides whether to approve the Settlement. This Notice is afso being sent to inform you of the
' Settlement Hearing to be held by the Court to consider the fairness, reasonableness and adequacy of the Settlement, the Plan of Allocation.-and the requests for attorneys' fees and reimbursement of Litigation Expenses.
' The Honorable Charles R. Breyer of the United States District Court for the Northern District of California is presiding over the case . known as In HP.Securities.Litigation, No. 3:12-cv-05980-CRB (N.D. Cal.). The persons or entities that are suing are called plaintiffs,
' - and those who are being sued are called defendants. In this case, the Court has appointed PGGM to serve as "Lead Plaintiff" under a federal law governing securities class actions and has appointed the law firm of Kesster Topaz Meftzer & Check, LLP ("Kessler Topaz")
' as Lead Counsel in the Action. The Settling Defendants are HP and Margaret C. Whitman ("Whitman''). The proposed Settlement discussed in this Nolice will resolve all claims against the Settling Defendants and the other Released Parties, thereby concluding this
•• litigation if approved, • '
Receipt of this Notice does not necessarily mean that you are a Settlement Class Member or that you will be entitled to receive ' proceeds from the Settlement. If you wish to be eligible to participate in the distribution of the proceeds from the Settlement, you will be required to submit the Claim Form that is included with this Notice, as described in Question 9 below.
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2. What is this lawsuit about?
Beginning on November 26, 2012, the first of three class action complaints against HP and other defendants was filed in this Court, alleging violations of the federal securities laws and captioned as follows: Nicolow v. Hewlett-Packard Co., Case No. 12-cv-05980-CRB
. (the "Original Complaint").. By Order dated March 4, 2013, the Court consolidated the foregoing action and any related cases under the • • caption In re HP Securities Litigation, Case No, 12-cv-O598O-CR0. By the same Order, the Court appointed PGGM as Lead ' Plaintiff. By Order dated March 7, 2013,.the Court appointed Kessler Topaz as Lead Counsel.
On' May 3, 2013, Lead Plaintiff filed the operative complaint in the Action, the Consolidated Complaint for Violation of the Federal ' Securities Laws (the "Consolidated Complaint"), asserting claims under Sections 10(b) and 20(a) of the Securities Exchange Act of
1934 against Defendants. The Consolidated Complaint alleges, among other things, that during the relevant time period, Defendants made false and misleading statements related "to the acquisition of Autonomy, includihg statements regarding Autonomy's value and the reasons for Autonomy's poor performance after its acquisition by HP. On November 20, 2012, HP announced the write-down of 85% of Autonomy's purchase price due to, inter alia, serious accounting improprieties at Autonomy.
On July 2, 2013, Defendants5 moved to dismiss the Consolidated Complaint. Following full briefing and oral argument on Defendants' . motions, the Court, on November 26, 2013, granted in part and denied in part Defendants' motions to dismiss, thereby dismissing all
Defendants except HP and Whitman and dismissing all allegedly false and misleading statements made prior to May 23, 2012.
< On November 4, 2014, Lead Plaintiff filed a motion to certify this Action as a class action, to certify Lead Plaintiff as class representative •- and to appoint Kessler Topaz as class counsel. At the time the Settlement was reached, the Court had yet to rule upon the class
. certification motion. - -
During-the course of the Action, the Settling Parties have conducted extensive discovery, including Lead Plaintiffs review of over ' 80,000 pages of documents produced by Settling Defendants and third parties, In addition, the Settling Parties, through their counsel,
had several in-person and telephonic settlement discussions, mediations and arm's-length negotiations with the assistance of an experienced mediator lasting for the better part of a year, before reaching an agreement-in-principle to settle the Action in May 2015. These proceedings involved several mediation submissions, supplementations and document productions that assisted the parties and
' the mediator in evaluating the parties' respective positions and the strengths and weaknesses of their case and their defenses.
3. Why is this a class action?
In a class action lawsuit, one or more persons or entities known as class representatives - in this case, for purposes of Settlement, ' Lead Plaintiff PGGM - asserts legal claims on behalf of all persons and entities with similar legal claims. All of these persons or entities together,are referred to as the "Settlement Class" or as "Settlement Class Members." One Court resolves the issues for all Settlement Class Members, except for any persons or entities who choose to exclude themselves from the Settlement Class {see Question 15 below), if the Court determines that a class action is an appropriate method to do so.
5 "Defendants" are HP, Whitman. Leo Apottieker, Shane V. Robison, Catherine A. Lesjak, Raymond J. Lane and James T, Murrin (the "HP Defendants') and Michael R. Lynch.
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4. Why is there a settlement?
Settling Defendants have agreed to settle the Action. The Court did not decide in favor of Lead Plaintiff or Setlfing Defendants. The Settling Parties disagree on both liability and the amount of damages that could be won if Lead Plaintiff had prevailed at trial. ' Specifically, the Settling Parties disagree, among other things, on (1) whether the statements made or facts allegedly omitted were' material, false or misleading, (2) whether Settling Defendants are otherwise liable under the securities laws for those statements or omissions, (3) the average amount of damages per share of publicly traded HP common stock, if any, that would be recoverable if Lead Plaintiff was to prevail, and {4) whether the alleged misleading statements caused any part of Lead'Plaintiffs losses. '
The claims advanced by Lead Plaintiff in this Action involve numerous legal and factual issues, which would require additional discovery, including expert discovery, which would add considerably to the expense, complexity and duration of the litigalion. If the Action were to proceed, Lead Plaintiff would have to overcome significant defenses. Based upon their investigation, formal discovery . and extensive mediation efforts, and after considering {a) the attendant risks of litigation and (b) the desirability of permitting the Settlement to be consummated as provided by the terms of the Stipulation, Lead Plaintiff and its lawyers, Lea'd Counsel,' believe that the Settlement is in the best interests of the Settlement Class Members. • • .
Settling Defendants have denied the claims asserted against them in the Action and deny, having engaged in any. wrongdoing or violation of law of any kind whatsoever. Settling Defendants have agreed to the Settlement solely to eliminate the burden and expense of continued litigation. Accordingly, the Settlement may not be construed as an admission of Settling Defendants'wrongdoing. ••••••
WHO IS IN THE SETTLEMENT
To see If you will receive money from this Settlement, you first have to determine if you are a Settlement Class Member.
5. How do I know If I am part of the Settlement?
Judge Breyer has determined that everyone who fits the following description is a Settlement Class Member, unless you are excluded ' from |he Settlement Class as described in Question 6 below: All Persons who purchased or otherwise acquired HP's publicly traded common stock between August 19, 2011 and November 20, 2012, inclusive. .
PLEASE NOTE: RECEIPT OF THIS NOTICE DOES NOT MEAN THAT YOU ARE A SETTLEMENT CLASS MEMBER OR THAT YOU WILL BE ENTITLED TO RECEIVE PROCEEDS FROM THE SETTLEMENT. IF YOU ARE A SETTLEMENT CLASS MEMBER AND YOU WISH TO BE ELIGIBLE TO PARTICIPATE IN THE DlSTRlBUTtON OF PROCEEDS FROM THE SETTLEMENT. YOU ARE REQUIRED TO SUBMIT THE CLAIM FORM THAT IS BEING DISTRIBUTED WITH THIS NOTICE AND THE REQUIRED , SUPPORTING DOCUMENTATION AS SET FORTH THEREIN POSTMARKED NO LATER THAN OCTOBER 31. 2015,
6. Are there exceptions to being included?
Yes. Excluded from the Settlement Class are all Released Parties. Also excluded from the Settlement Class are any persons or entities who exclude themselves from the Settlement Class by submitting a timely request for exclusion in accordance with the - , requirements set forth in this Notice. . .
7. I am still not sure if I am included.
If you are not sure whether you are a Settlement Class Member, you may visit www,HP5ecuritiesLitigationSettlement.com or you can • contact the Claims Administrator for the Settlement, GCG, by writing to In re HP Securities Litigation Settlement, do |3CG, P.O. Box 10224, Dublin, Ohio 43017-5724, or by calling (888) 905-9382, You may also want to contact your broker to see if you purchased and/or otherwise acquired the publicly traded HP common stock eligible to participate in the Settlement. • ,
THE SETTLEMENT BENEFITS-WHAT YOU GET .
8. What does the Settlement provide?
The Settlement provides for the payment of 3100,000,000 on behalf of the Settling Defendants. If the Settlement is' approved, the Net Settlement Fund (as defined above), will be distributed to eligible Settlement Class Members. •
9. How much will my payment be?
The proposed Plan of Allocation provides for distribution of the Net Settlement Fund to each Settlement Class Member who submits a timely and valid Claim Form to the Claims Administrator, in accordance with the requirements established by the Court, and who is • approved for payment from the Net Settlement Fund ("Authorized Claimant"). Your share of the Net Settlement Fund will depend on, among other things, the number of valid Claim Forms submitted, how many shares of HP common stock you purchased or otherwise acquired during the Settlement Class Period and when you purchased, acquired, and sold such shares, "
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1 I ' All Claim Forms must be postmarked no later than October 31, 2015 addressed as follows;
' In re HP Securities Litigation Settlement • ' c/o GCG
. ' . Claims Administrator • ' • • • • •• p.O, Box 10224
' . . Dublin, Ohio 43017-5724
Unless otherwise ordered by the Court, any Settlement Class Member who fails to submit a properly completed and signed Claim Form within such period as.may be ordered by the Court shall be forever barred from receiving any payments pursuant
' to the Settlement, but will in all other respects be subject to the provisions of the Stipulation entered into by the Settling . Parties, including the releases set forth therein, and the final judgment entered by the Court.
The Plan of Allocation is a matter separate and apart from the proposed Settlement, and any decision by the Court concerning the Plan of Allocation shall not affect the validity or finality of the Settlement. The Court may approve the Pian of Allocation with or without modifications agreed to among the Settling Parties, or another plan of allocation, without further notice to Settlement Class Members.
The proposed Plan of Allocation, which is subject to Court approval, is attached as Appendix A to this Notice. Please review the Plan of Allocation carefully. '
10. What am I giving up as part of the Settlement?
If the Settlement is approved by the Court and becomes final, you will be releasing all Defendants and certain of their related parties {i.e., the "Released Parlies" as set forth in paragraph 1(bb} of the Stipulation) for all of the Settled Claims defined in paragraph 1(dd} of
- the Stipulation. The "Settled Claims" are those claims brought in this case or that could have been brought in this case and relate to the . purchase'and/or.acquisition of publicly traded HP common stock during the Settlement Class Period, as fully defined in the Stipulation.6
The Stipulation is available at www.HPSecuritiesLitioaVionSettlement.com. The Stipulation describes the Settled Claims with specific description, so please read it carefully.
' . 11. How can I get a payment?
If you are a Settlement Class Member you will need to submit a Claim Form and the necessary supporting documentation to establish your potential eligibility to share in the Net Settlement Fund. A Claim Form is included with this Notice, or you may obtain one from the
. website maintained by the Claims Administrator, www.HPSecuritiesLitiaationSettlement.com. or you may request that a Claim Form be mailed to you by contacting the Claims Administrator toll free at (686) 965-9382. Submitting a Claim Form does not necessarily guarantee that you will receive a payment. Please refer to the Plan of Allocation attached as Appendix A hereto for further information
. on how Lead Plaintiff proposes the Net Settlement Fund will be allocated. Please retain all records of your ownership of and - .transactions in HP common stock, as (hey may be needed to document your claim.
12. When will I get my payment?
' If the Settlement is approved, there may be appeals. It is always uncertain whether these appeals can be resolved favorably, and resolving them can take time. It also takes time for the Claims Administrator to review and process all of the Claim Forms that are submitted and to calculate pursuant to the Plan of Allocation how much each claimant should receive. Please check the website for updates. . •
. EXCLUDING YOURSELF FROM THE SETTLEMENT CLASS
- If you do not want to be eligible to receive a payment from this Settlement, but you want to keep the right to potentially sue or continue to sue Settling Defendants or the Released Parties on your own about the same claims being released in this Settlement, then you must take steps to exclude yourself from the Settlement Class. This is sometimes referred to as "opting out" of the class. See Question 15 below. Lead Counsel and Lead Plaintiff offer no opinion as to whether you will be able to sue or participate In any other
. - actions against the Settling Defendants o; the Released Parties related to the claims in this Action if you exclude yourself from the Settlement Class as further explained in response to Question 14 below.
13. If I exclude myself, can I get money from this Settlement?
No. If you exclude yourself from the Settlement Class, you will not be eligible to receive a payment from this Settlement, and you cannot • ' object \o this. Settlement. You will not be bound by anything that happens in this lawsuit, and you may be able to sue Settling
• Defendants or the other Released Parties on your own in the future.
8 'Settled Claims' does not include any claims (i) that members of the Settlement Class may have arising solely under ERISA, including without limitalion in the action captioned In re HP Litigation, No. 0-12-6199 (N D. Cal.), (ii) that members ol the Settlement Class may have solely in a derivative capacity, including withoul limitation In the action captioned In re HP Shamholder Derivaliva Litigation, No. 0-12-6003 ORB (N.O. Cal). or (ill) to enforce the terms of the Settlement. For the avoidance of doubt. Settled Claims also excludes any and all claims referenced in paragraph 8 of the Stipulation.
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14. If I do not exclude myself, can I sue later?
No. Unless you exclude yourself, you give up any right you may pofenf/atfy have lo sue the Settling Defendants or any of the other Released Parties for the claims being released by this Settlement. If you have a pending lawsuit relating to the claims being released in the Action, you should speak lo your lawyer in that case immediately.
Should you elect to exclude yourself from the Settlement Class, you should understand that the Settling Defendants and the . Released Parties will have the right to assert any and all defenses they may have to any claims that you may seek to assert. Although the Settling Defendants have decided to settle the Action In its entirety in order to eliminate the burden and expense of continued litigation, the Settling Defendants will retain and are not waiving in any way the right to assert that any subsequent claims asserted by any individual Settlement Class Members who exclude themselves from the Settlement Class are otherwise subject to dismissal, or otherwise lack merit. <
15. How do I get out of the Settlement Class?
To exclude yourself from the Settlement Class, you must send a letter by mail saying that you want to be excluded from the Settlement Class in In re HP Securities Litigation, No, 3:12-cv-O598O-CR0 (N.D. Cal.). Be sure to include your name, address, and telephone number. Your request for exclusion must also provide information containing your transactions in HP publicly traded common-stock, including (i) the number of shares of HP's publicly traded common stock held as of August 19, 2011, the first day of the Settlement Class Period; (ii) the number of shares of HP's publicly traded common stock purchased or otherwise acquired during the Settlement Class Period, and if any such shares were sold, how many shares were sold; (ili) the prices or other consideration paid or received for ' • such shares; and (iv) the date of each purchase, acquisition or sale transaction. The request must be signed by the person or entity requesting exclusion. You must mail your exclusion request so that it is received no later lhan October 14,2015 to;
In re HP Securities Litigation Settlement ' • c/o GCG .
Claims Administrator ' • P.O. Box 10224 * * • ' "
Dublin, Ohio 43017-5724 • •
• Please keep a copy of everything you send by mail, in case it is lost or destroyed during mailing. '
• You cannot exclude yourself over the phone or by e-mail. ' '
Pursuant to the terms of a separate supplemental agreement between the Settling Parties, the Settling Parlies shall have the option to terminate the Settlement in the event that members of the Settlement Class," who purchased and/or acquired a certain amount of publicly traded HP common stock and would otherwise be entitled to participate in the Settlement Class, timely and. validly request exclusion in accordance with the requirements set forth in this Notice. '
THE LAWYERS REPRESENTING YOU
16. Do I have a lawyer in this case?
The Court has appointed the law firm of Kessler Topaz Meltzer & Check, LLP to represent you and the other Settlement Class • Members. These lawyers are referred to as Lead Counsel. You may contact Lead Counsel as follows. Eli R. Greenstein, Esq., One Sansome Street, Suite 1850, San Francisco, CA 94104, (415) 400-3000 or Andrew L. Zivltz, Esq. and Sfacey M. Kaplan, Esq ,-2B0. . King of Prussia Road, Radnor, PA 19087, (610) 667-7706, all of Kessler Topaz Meltzer & Check, LLP, www.ktmc.com., You will not be. separately charged for these lawyers beyond your pro rata share of any attorneys' fees and Litigation Expenses awarded by the Court that will be paid from the Settlement Fund. If you want lo be represented by your own lawyer^ you may hire one at your own expense.
17. How will the lawyers be paid?
Lead Counsel has not received any payment for its services in pursuing claims against the Defendants on behalf of the Settlement , . Class, nor has Lead Counsel been paid for its expenses which have been incurred in prosecuting and resolving the Action. - Before final -approval of the Settlement, Court-appointed Lead Counsel will apply to the Court for an award of attorneys' fees in an amount not to exceed eleven percent (11%) of the Settlement Amount, net of Litigation Expenses, a percentage that was specifically negotiated by Lead Plaintiff in advance of this litigation pursuant to a fee grid which varied based upon the amount recovered and the point during the' litigation at which the settlement was achieved.7 Lead Counsel will also apply for reimbursement of Litigation Expenses in an amount not to exceed $1 25 million, plus interest earned on both the fees and Litigation Expenses awarded at the same rate earned on the Settlement Fund, all to be paid from the Settlemenl Fund. The maximum amount of Uligation Expenses set forth above includes an
1 Court-awarded Litigation Expenses, including any cosls end expenses awarded to the Lead Plaintiff, will be deducted from the Settlement Amount prior to applying any Court-approved percenisge for attorneys' fees in accordance with the Court's standard practice of awarding attorneys' fees on a net basis, As set forth above; Lead ' Counsel's lodestar is approximately SB.5 million, a figure calculated by multiplying the hours expended to date on the Action by Lead Counsel for each attotnej1 and professional by their hourly rale. It Lead Counsel applies lor atlomeye' lees in the amount of 11% of the Setttement Amount, net of Litigation Expenses, Lead Counsel will be seeking a multiplier of less lhan 1 3 on its lodestar. ' ' •
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estimate for reimbursement from the Settlement Fund for costs and expenses (including lost wages) incurred by Lead Plaintiff in connection with its representation of the Settlement Class in accordance with 15 U.S.C § 78u4{a)(4)1 in an amount not to exceed $175,000. The Court may award less than the requested amounts. Any payments to the attorneys for fees or expenses, now or in the future, will first be approved by the Court,
OBJECTING TO THE SETTLEMENT
' You can tell the Court that'you do not agree with the Settlement, the Plan of Allocation, Lead Counsel's request for an award of attorneys' fees and Litigation Expenses, or Lead Plaintiffs request for reimbursement of costs and expenses. ,
. 18. How do I tell the Court if I do not like the Settlement?
If you are a Settlement Class Member who has not sought to exclude yourself from the Settlement Class, you can object to the • Settlement if you do not like any part of it. The Court can only approve or deny the Settlement You cannot ask the Court to order a
- ' larger settlement. If the Coiirt denies approval of the Settlement, no settlement payments will be sent out and the Action will continue.
To object, you must send a letter to the Court saying that you object to the Settlement in the /n re HP Securities Legation, No. 3:l2-cv-05980-CRB (N.D, Cat.) and the reasons why you object to the Settlement. Be sure to include your full name, address and telephone number. An objector must also include the following information: (i) a list and documentation of all of his, her or its transactions involving HP's publicly traded common stock during the Settlement Class Period, including brokerage confirmation receipts or other competent documentary evidence of such transactions, including the amount and date of each purchase, acquisition or sale and the .price paid and/or received; (ii) a written statement of all grounds for the objeclion accompanied by any legal support for the objection; (iii) copies of any papers, briefs or other documents upon which the objection is based; (iv) a list of any persons who will be called to testify in support of the objection; (v) a statement of whether the objector intends to appear at the Settlement Hearing; (vi) a list of other cases in which the objector or the objector's counsel have appeared either as settlement objectors or as counsel for objectors in the preceding five years; and (vii) the objector's signature, even if represented by counsel. If you intend to appear at the Settlement Hearing through counsel, the objection must also state the identity of all attorneys who will appear on your behalf at the Settlement
.' Hearing. Any Settlement Class Member who does not make his, her or its objection in the manner provided for herein shall be deemed ... to"have waived such objection and shall forever be foreclosed from making any objection to the fairness or adequacy of the Settlement
as reflected in the Stipulation, to the Plan of Allocation or to the applications for attorneys' fees and reimbursement of Litigation Expenses. If you are not a member of the Settlement Class, you cannot object to the Settlement as it does not affect you.
Any objection must be submitted to the Court either by mailing the objection to the Class Action Clerk at the address below or by filing . ' the objection in person at any location of the United States District Court for the Northern District of California, such that the objection is
. filed or postmarked on or before October 14.2015:
United States District Court Northern District of California • Class Action Clerk .
450 Golden Gate Avenue San Francisco, CA 94102
. 19. What is the difference between objecting and excluding?
Objecting is simply telling the Court that you do not like something about the Settlement, the Plan of Allocation, and/or the application •for attorneys' fees and Litigation Expenses. You can object only if you stay in the Settlement Class, Excluding yourself is telling the
. Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object because the case no longer affects you. ' •
THE COURT'S SETTLEMENT HEARING
The Court will hold a hearing to consider whether to approve the Settlement, the Plan of Allocation and the applications for attorneys' fees and Litigation Expenses. You may attend and you may ask to speak, but you do not have to.
20. When and where will the Court decide whether to approve the Settlement?
The Court will hold a Settlement Hearing at 10:00 a.m., on November 13, 2015, in Courtroom 6 on the 17m Floor before the Honorable Charles R. Breyer at the United States District Court for the Northern District of California, San Francisco Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102. At this hearing, the Court will consider whether the Settlement and the Plan of Allocation are fair, reasonable, and adequate, If there are objections, the Court will consider them. Judge Breyer may also consider Lead Counsel's application for attorneys' fees and Litigation Expenses at this time, including any request by Lead Plaintiff for reimbursement of its costs
- -and expense (including lost wages) in connection with its representation of the Settlement Class. The Settlement Hearing may occur on a different date or at a different time without additional notice, so if you plan on attending the hearing, please check the website, www.HPSecuritiesLitigationSettlement.com. the Court's PACER site or contact Lead Counsel to confirm that the date and'or time of the hearing has not changed.
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21. Do I have to come to the settlement hearing?
No. Lead Counsel will answer any questions Judge Breyer may have. But, you are welcome to attend the hearing at your own-expense. If you send an objection, you do not have to come to Court to talk about it. As long as your written objection was received on •
time, the Court will consider it. You may also pay your own lawyer to attend, but it is not required. '
22. May I speak at the settlement hearing?
You may ask the Court for permission to speak al the Settlement Hearing. To do so, you must send a letter stating that it Is your . "Notice of Intention to Appear at the Final Settlement Hearing in the HP Securities Litigation matter." Be sure to include'your name,
address, telephone number, your signature, and also identify your transactions in publicly traded HP common stock, Including the date(s). price(s) and amount(s) of all purchases, acquisitions, and sales of the eligible HP common stock during the Settlement Class
Period. Your notice of intention to appear must be submitted to the Court either by mailing it to the Class Action Clerk at the address'
set forth above in Question 1& or by filing it in person at any location of the United States District Court for the Northern District of
California, such that the notice of intention to appear is filed or postmarked on or before October 14, 2015. Absent Court approval,
you cannot speak at the hearing if you exclude yourself from the Settlement Class. . -
IF YOU DO NOTHING
23. What happens if I do nothing at all?
If you do nothing, you will receive no money from this Settlement. But, unless you exclude yourself, subject to the caveats set forth above in response to Question 14 above, you will not be potentially able to start a lawsuit, continue with a lawsuit, or be part of-any
other lawsuit against Settling Defendants or the other Released Parties about the same claims being released in this Settlement.
GETTING MORE INFORMATION
24. How do 1 get more information?
This notice summarizes the Settlement. For the precise terms and conditions of the Settlement, please see the Stipulation.available at '
www.HPSecuritiesLitiQationSeHlement.com. A copy of the Stipulation and additional information regarding the Settlement can also be
obtained by contacting Lead Counsel at the contact information set forth above, by accessing the Court docket in this case through the Court's Public Access to Court Electronic Records (PACER) system at https;//ecf,cand.uscourts.gov, or by visiting the office of the Clerk
of the Court for the United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco,' CA 94102-3409, between 9:00 a.m and 4:00 p.m., Monday through Friday, excluding Court holidays. You may also write to the Claims ' Administrator at. In re HP Securities Litigation Settlement, do GCG, P.O. Box 10224, Dublin, OH 43017-5724. PLEASE DO NOT CALL THE COURT OR THE CLERK OF THE COURT FOR ADDITIONAL INFORMATION ABOUT THE SETTLEMENT OR THE CLAWS PROCESS,
INFORMATION FOR BROKERS AND OTHER NOMINEES
25. What if I purchased publicly traded HP common stock for a beneficial owner?
If you purchased publicly traded HP common stock during the Settlement Class Period as a nominee for a beneficial owner, the Court' '
has directed that, within fourteen (14) calendar days after you receive this Notice, you must either; • '
(I) provide the names and addresses of such persons and entities to the Claims Administrator, GCG, and GCG will send a copy of the Notice and Claim Form to the beneficial owners; or '
(ii) send a copy of the Notice and Claim Form by first class mail to the beneficial owners of such HP common stock. You can request additional copies of these documents by contacting the Claims Administrator, In re HP Securities Litigation Settlement, do
GCG. P.O. Box 1Q224, Dublin, Ohio 43017-5724. or by going to www.HPSecuritiesLitiaationSettlement.com. , . . . - ".. . '
If you verify and provide details about your assistance with either of these options, you may be reimbursed from the Settlement Fund.for
the actual expenses you incur to send the Notice and Claim Form, including postage and/or the reasonable costs of determining the .
names and addresses of beneficial owners. Please send any requests for reimbursement, along with appropriate supporting
documentation, to: In re HP Securities Utigalion Settlement, do GCG, Claims Administrator, P.O. Box 10224, Dublin, Ohio 43017- • 5724. or visit www.HPSecuritiesLittoationSettlement.com. , .
PLEASE DO NOT CALL OR WRITE THE COURT OR THE CLERK OF THE COURT TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIMS PROCESS.
Dated: August 17, 2015 By Order of the Clerk of the Court United States District Court Northern District of California
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APPENDIX A
PLAN OF ALLOCATtON OF NET SETTLEMENT FUND AMONG SETTLEMENT CLASS MEMBgRS
The objective of the Plan of Allocation is to equitably distribute the Net Settlement Fund to those Settlement Class Members
who suffered economic losses as a result of the alleged violations of the federal securities laws as opposed to losses caused by market
or industry factors or company-specific factors unrelated to the alleged violations of law. The Plan of Allocation reflects Lead Plaintiffs
damages expert's analysis undertaken to date to that end, including a review of publicly available information regarding HP and
statistical analysis of the price movements of publicly traded HP common stock ("HP Common Stock") and the price performance of
relevant market and peer indices during the Settlement Class Period. The Plan of Allocation, however, is not a formal damages
analysis that has been adjudicated o; fully developed during discovery in the Action.
The calculations made pursuant to the Plan of Allocation are not intended to be estimates of, nor indicative of, the amounts
, that Settlement Class Members might have been able to recover after a trial. Nor are the calculations pursuant to the Plan of Allocation
intended to be estimates of the amounts that will be paid to Authorized Claimants pursuant to the Settlement. The computations under the Plan of Allocation are only a method to weigh the claims of Authorized Claimants against one another for the purposes of making
pro rata allocations of the Net Settlement Fund.
-The Plan of Allocation generally measures the amount of loss that a Settlement Class Member can claim for purposes of making pro rata allocations of the Net Settlement Fund to Authorized Claimants. For losses to be compensable damages under the
- federal securities laws, the disclosure of the allegedly misrepresented information must be the cause of the decline in the price of the security. In this case, Lead Plaintiff alleges that Defendants made false statements and omitted material facts from August 19, 2011
• through and including November 19, 2012, which had the effect of artificially inflating the price of HP Common Stock. Alleged
- corrective disclosures that resulted in a statistically significant change in market price and removed the artificial inflation from the price
• of HP common stock occurred on August 22, 2012 and.November 20, 2012. Accordingly, in order to have a Recognized Loss, the HP ' Common Stock must have been purchased/acquired during the Settlement Class Period and held through at least one of the alleged
disclosures.
- 3..'"' •
In addition, the Plan of Allocation takes into account the fact that the Court's November 26, 2013 Order dismissed all claims
related to allegedly false and misleading statements made between August 19, 2011 and May 22, 2012, inclusive. Because of the
dismissal of these claims, it is far less likely that Lead Plaintiff could prevail on those claims Accordingly, Recognized Losses resulting
from purchases/acquisitions during this time period calculated pursuant to paragraph 8 below shall be multiplied by fifteen (15%)
percent to refect the Increased litigation risk on the dismissed claims.
CALCULATION OF RECOGNIZED LOSS AMOUNTS
5; For purposes of determining whether a Claimant has a "Recognized Claim", purchases, acquisitions, and sales of HP
Common Stock will first be matched on a First In/First Out ("FIFO") basis as set forth in paragraph 9 below.
For each share, of HP Common Stock purchased or otherwise acquired during the Settlement Class Period and sold on or
before February 15, 2013,1 an "Out of Pocket Loss" will be calculated. Out of Pocket Loss is defined as the purchase price (excluding
all fees, taxes, and commissions) minus the sale price (excluding all fees, taxes, and commissions). To the extent that calculation of
the Out of Pocket Loss results in a negative number thereby reflecting a gain on the transaction, that number shall be set to zero.
A "Recognized Loss Amount" will be calculated as set forth below for each HP Common Stock share purchased or otherwise
acquired during the Settlement Class Period, that is listed in the. Claim Form and for which adequate documentation is provided. To the
' •' ' extent that the calculation of a Claimant's Recognized Loss Amount results in a negative number, that number shall be set to zero.
• 8 : • •
6.
iel
Sold prior to the release of corrective information on August 22, 2012z, the Recognized Loss Amount for each share 1 A. shall be zero.
1 February 15, 2013 represents Die last day of the 90-day period subsequent to the Settlement Class Period (the "SO-day look back period'). The Private Securities Litigation Retorm Ad of 1995 ("PSLRA") imposes a statutory limitation on recoverable damages using the 90-day look back period. This limitation is incorporated into the calculation of a Settlement Class Member's Recognized Loss Amount. Specifically, a Settlement Class Member's Recognized Loss Amount cannot exceed the difference between the purchase price paid lor the HP'Common Stock and the average price of HP Common Stock during the 90-dey look back period subsequent to the Settlement Class Period if
' the share was held through February 15, 2013, the end ol the SG-day look back period. Losses on HP Common Slock purchased/acquired during the Settlement Class Period and sold during the 90-day look back period cannot exceed (he difference between Ihe purchase price paid for the HP Common Stock and the average price of HP Common Slock during the portion of the 90-day look back period elapsed es of the date a> sale, as set forth in Table 2 below.
1 Oven that documentation may not exist setting forth the exact time ol each such transaction, the price at which the transaction took place shall serve as a proxy for determining whether the transaction occurred before or after the release or the allegedly corrective information. Shares purchased/acquired or sold on August 22. 2012 at any
' ' price equal to or greater than Si 9.00, shall be deemed to have been purchased/acquired or sold prior 10 the release of corrective Information on August 22,2012 for purposes of this Plan. Scares purchased/acquired or sold ofi August 22, 2012 at any price less lhao $19 00, shaJJ be deemed lo have been purchased/ecquired of corrective information on August 22,2012 for purposes of this Plan.
or sold after Ihe release
10
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 142 of 175
Sold after the release of corrective information on August 22, 20123, and prior to the release of corrective inforrnatipn
on November 20, 2012\ the Recognized Loss Amount for each share shall be the lesser oft •
(i) the dollar amount of artificial inflation applicable to each such share on the date of purchase/acquisition as set forth in
Table 1 below minus the dollar amount of artificial inflation applicable to each such share on the date of sale as set-
forth in Table 1 below; or " . . -
B.
.(ii) the Out of Pocket Loss. . •
Sold after the release of corrective information on November 20, 20125, and prior to the close of trading on February
15, 2013, inclusive, the Recognized Loss Amount for each share shall be the lesser of. . . .
(i) the dollar amount of artificial inflation applicable to each such share on the date of purchase/acquisition as set forlh in •
Table 1 below; . " ' ' ' '
(ii) the purchase/acquisition price of each such share (excluding all fees, taxes and commissions) minus the average
closing price set forth in Table 2 below on the date of sale; or ' • ' '
(iii) the Out of Pocket Loss. ' , •
Held through the close of trading on February 15, 2013, the Recognised Loss Amount for each share shall be the .
C.
O. lesser of.
(i) the dollar amount of artificial infation applicable to each such share on the date of purchase/acquisition as set forth in
Table 1 below; or - 1 . •
(ii) the purchase/acquisition price (excluding all fees, taxes, and commissions) minus $15.16 (the average closing .price '
of HP Common Stock between November 20, 2012, and February 15, 2013, as shown on the last line in Table 2 . below). • '
ADDITIONAL PROVISIONS
9. If a Settlement Class Member.has more than one purchase/acquisition or sale of HP Common Stock during the Settlement '
Class Period, all purchases/acquisitions and sales shall be matched on a FIFO basis. Settlement Class Period sales will be matched . •
first against any holdings at the beginning of the Settlement Class Period, and then against purchases/acquisitions in chronological
order, beginning with the earliest purchase/acquisition made during the Settlement Class Period. '
10. Purchases/acquisitions and sales of HP Common Slock shall be deemed to have occurred on the "contract" or "trade" date as
opposed to the "settlernenf or "payment" date. The receipt or grant by gift, inheritance or operation of law of HP Common Stock during
(he Settlement Class Period shall not be deemed a purchase, acquisition or sale of these shares of HP Common Stock for Ihe,
calculation of an Authorized Claimant's Recognized Claim, nor shall the receiptor grant be deemed an assignment of any claim relating
to the purchase/acquisition of such shares of HP Common Stock unless (i) the donor or decedent purchased or otherwise acquired,
such shares of HP Common Stock during the Settlement Class Period; (ii) no Claim Form was submitted by or on behalf of the donor,
on behalf of the decedent, or by anyone else with respect to such shares of HP Common Stock: and (iii) it is specifically so provided in
the instrument of gift or assignment. '
11. The date of covering a "short sale" is deemed to be the date of purchase or acquisition of the HP Common Stock, The date of
a "short sale" is deemed to be the date of sale of HP Common Stock. In accordance with the Plan of Allocation, however, the <
Recognized Loss Amount on "short sales" is zero. In the event that a Claimanl has an opening short position in HP Common Stock, the
earliest Settlement Class Period purchases or acquisitions shall be matched against such opening short position and not be entitled to -
a recovery until that short position is fully covered. ' ' ' r ' ' " "
12. HP Common Stock is the only security eligible for recovery under the Plan of Allocation. Option contracts to purchase or sell
HP Common Stock are not securities eligible to participate in the Settlement. With respect to HP Common Stock purchased or sold
through the exercise of an option, the purchase/sale date of the HP Common Stock is the exercise date of the'option and the'
purchase/sate price Is the exercise price of the option. - ' . '
13. The sum of a Claimant's Recognized Loss Amounts will be the Claimant's "Recognized Claim." • . . . . .
14. An Authorized Claimant's Recognized Claim shall be the amount used to calculate the Authorized Claimant's pro rata share of '
the Net Settlement Fund. If the sum total of Recognized Claims of all Authorized Claimants who are entitled to receive payment out of
the Net Settlement Fund is greater than the Net Settlement Fund, each Authorized Claimant shall receive his, her, or its pro rata share .
of ths Net Settlement Fund. The pro rata share shall be the Authorized Claimant's Recognized Claim divided' by the total of
Recognized Claims of all Authorized Claimants, multiplied by the total amount in the Net Settlement Fund. : • . •
15. If the Net Settlement Fund exceeds the sum total amount of the Recognized Claims of all Authorized Claimants entitled to.
receive payment out of the Net Settlement Fund, the excess amount in the Net Settlement Fund shall be distributed pro rata to all
Authorized Claimants entitled to receive payment. . ' ' •
ll • 5 Ses In. 2. '
' Given that documenlation may not exist setting forth the exact time of each such transaction, the price 81 which the transaction took place shall serve as a proxy tor
determining whelhei the Irarisaction occurred before or after the release of the allegedly corrective information. Shares purchased/acquired or sold on November 20. 2012 at
any price equal to or greater than $13.00, shall be deemed to have been purchased/acquired or sold prior lo the release of corrective information on November 20, 2012 for
purposes of this Plan. Shares purchased/acquired or sold on November 20. 2012 at any price less than (13.00, shall be deemed lo have been purchased/acquired or sold ' '
after the release of corrective information on November 20.2012 for purposes of this Plan. ' '
5 Sea In. 4, ....
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 143 of 175
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\
16, The Net Settlement Fund will be allocated among all Authorized Claimants whose prorated payment is $10.00 or greater. If the prorated payment to any Authorized Claimant calculates to less than $10.00, it will not be included in the calculation and no
- distribution will be made to that Authorized Claimant.
If any funds remain in the Net Settlement Fund by reason of uncashed distributions or other reasons following an initial distribution, then, after the Claims Administrator has made reasonable and diligent efforts to have Authorized Claimants who are
• entitled-to participate in the distribution of the Net Settlement Fund cash their distribution checks, any balance remaining in the Net Settlement Fund one (1) year after the initial distribution of such funds shall be re-distributed to Authorized Claimants who have cashed their Initial distributions and who would receive at least $10,00 from such re-distribution, after payment of any unpaid costs or fees incurred in administering the Net Settlement Fund, including costs or fees for such re-distribution. The Claims Administrator may make
. further re-distributions of balances remaining in the Net Settlement Fund to such Authorized Claimants to the extent such re-distributions are cost-effective. At such time as it is determined that the re-distribution of funds which remain in the Net Settlement Fund.is not cost-effective, Lead Counsel shall contribute the balance to the Investor Protection Trust, a national non-profit organization
. whose mission is to provide independent, objective investor education to allow all Americans to make informed investment decisions, or another non-profit organization that is approved by the Court.
17.
TABLE 11
M
(Date Range6) .Inflation Per Share 'August 19! 201 l-rAugdst'22^2012 (prior to the release of corrective information)*) ;$p.93
I • August 22, 2012 (after the release.bf corrective information);- November 20, 2012 (prior to the release of' corrective1 information)' " ' '. '
$0.73
$0.00
TABLE 2
HP Common Stock Closing Price and Average Closing Price November 20, 2012—February 15,2013 Average Closing Price Between November 20, 2012 and Date Shown
Average Closing Price Between November 20, 2012 and Date Shown
Closing Price Date Date Closing Price
11/20/2012 $11.71 1/4/2013 $15,14 $13.78 $11.71 11/21/2012 $11,94 1/7/2013 $15.17 $13.63 $11.63
- $12.03- $13.67 ; 11/23/2012 $12.44 1;B/2013 - ' . $15.39 $13.93 ' 11/26/2012 $12.74 1/9/2013 $15.65 $12.21
11/27/2012 '11/28/2012
$16.26 $14.00 $12.36 $12.24 1/10/2013 $14.06 $12.73 $12,32 1/11/2013 $16.16 $14.14 11/29/2012 $12.89 $12,40 1/14/2013 $16.95
11/30/2012 $12.99 $14.20 $12.46 1/15/2013 $16.53 12/3/2012 $14.26 $12.87 $12.52 1/16/2013 $17.21
$13.53 .12/4/2012 $12.62 $17.11 $14.35 1/17/2013 $14.42 12/5/2012 $13.82 $12.73 1/18/2013 $17,11
$'13.83 " '12/6/2012 $12.62 $14.46 1/22/2013 $17,25 1/23/2013 $14.54 12/7/2012 $13.94 $12.91 $17.01
12/10/2012 $14.16 $14.60 $13.00 1/24/2013 $17.01 -12/11/2012 $14.26 $13.06 1/25/2013 $14.65 $16.99
$14.53 •. 12/12/2012 ' 12/13/2012
$13.17 1/28/2013 $14.70 $17.02 $13.25 $14.50 1/29/2013 $14.74 $16.46
$14.75 $13,33 12/14/2012 ' $14,76 1/30/2013 $16.40 * 12/17/2012 $14.21 $13.36 $14,61 1/31/2013 $16.51
12/18/2012 $14.53 $14,64 $13.44 2/1/2013 $16.46 12/19/2012 $14.87 $14.36 $13.48 2/4/2013 $16.16 12/20/2012 $14,90 $14.43 $13.52 2/5/2013 $16.61 12/21/2012 $14,34 $14,94 $13.56 2/6/2013 $16.69 12/24/2012 $14,01 $14.96 $13.58 2/7/2013 $16.44 12/26/2012 $14.12 $15,00 $13.60 2/8/2013 $16.87 12/27/2012 $15.03 $14.04 $13.62 2/11/2013 $16.83
• 12/28/2012 $13.68 $13.62 $16,07 2/12/2013 $17.10 12/31/2012- $14.25 $13.64 $15.10 2/13/2013 $17.01
' ' 1/2/2013 - $15.02 $13.69 2/14/2013 $15.13 $17.03 1/3/2013 2/15/2013 - $15.14 $15.16 $13.74 $16.79
* See fn, 2 and fn. 4 above for additional •xplenatlont as 10 alleged artificial inflation levels regarding (ransaelions which occur after the release of corrective Informalion on . Augut(22, 2012 or prior to tHi release of correelive information on November 20, 2012.
12
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 144 of 175
Tiffan^Speakman
HWDInfo Wednesday, December 21, 2016 11.52 AM
From: Sent: To: Cc: riro
RE: HP Securities Litigation Settlement Claim 1482863 HWD Notice Final.pdf
Subject: Attachments:
DearCla imant , '
I attempted to contact you via phone today. Please read the previously sent email. -
Please review the Plan of Allocation and reply to this email to confirm the withdrawal of your request for the Court to review your claim. .
If you have any questions, please contact us.
Regards,
Administrator (LS) In re HP Securities Litigation Settlement www.HPSecuritiesLitigatLonSettlementcom
This communication (including any attachments) is intended for the use of the intended recipient(s) only and may ' • contain information that is confidential, privileged or legally protected, Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received this communication in error/please immediately notify the sender by return e-mail message and delete all copies of the original communication. Thank you for your cooperation
From: Luiggy Segura Sent: Tuesday, October 18, 2016 3:57 PM To: Cc: HWDInfo ' Subject: HP Securities Litigation Settlement Claim 1482863
As discussed over the phone, according to the Court-approved Plan of Allocation, the claim is not calculating to a Recognized Loss.
Specifically, your claim was processed based on paragraph 8; section "B" of the Court-approved Plan of Allocation. For. your convenience, attached is the Notice for the HP Securities Litigation Settlement with highlighted portions relevant to your claim. _ .
Please review the Plan of Allocation and reply to this email to confirm the withdrawal of your request for the Court to review your claim. .
If you have any further inquiries, please contact me.
Thank you,
i
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 145 of 175
iioyB^s lar^SBSi
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2
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 146 of 175
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
MASTER FILE NO, 3:12-CV-O590O-CRB IN RE HP SECURITIES LITIGATION, This Document Relates To: All Aclions
CLASS ACTION
NOTICE OF PENDENCY OF CLASS ACTION AND PROPOSED SETTLEMENT, SETTLEMENT FAIRNESS HEARING AND MOTION FOR ATTORNEYS' FEES AND REIMBURSEMENT OF LITIGATION EXPENSES
A U.S. Federal Court authorized this Notice. This is not a solicitation from a lawyer.
Notice of Pendency of Class Action: Please be advised that your rights may be affected by a class action lawsuit (the "Action") pending in the United Stales District Court for the Northern Dislrict of California (the "District Court" or *Courtn) if, during the period between August 19, 2011 and November 20, 2D12, inclusive (the "Settlement Class Period"), you purchased or otherwise acquired the
" p u b l i c l y t r a d e d c o m m o n s t o c k o f H e w l e t t - P a c k a r d C o m p a n y ( " H P " o r t h e " C o m p a n y " ) . • • . . . .
Notice of Pendency of Settlement: Please also be advised that the Court-appointed Lead Plaintiff PGGM Vermogensbeheef B.V. ("PGGM" or "Lead Plaintiff"), on behalf of itself and the proposed Settlement Class (as defined In 1}1 below), has reached a proposed settlement of the Action with defendants HP and Margaret C. Whitman (together, the "Settling Defendants") for a total of $100,000,000 ' ' in cash that, if approved, will resolve all claims in the Action,1
PLEASE READ THIS NOTICE CAREFULLY. This Notice explains important rights you may have, Including the. possible . receipt of cash from the Settlement H you are a Settlement Class Member, your legal rights will be affected whether.or not you act.
Description of the Action and Settlement Class: This Notice relates to a proposed Settlement of claims in a . pending class action lawsuit brought by investors alleging that the price of HP's publicly traded common stock was artificially inflated during the Settlement Class Period as a result of alleged false and misleading statements concerning HP's acquisition of Autonomy Corporation pic ("Autonomy"), including statements regarding Autonomy's value and the reasons for Autonomy's poor performance after its acquisition. The proposed Settlement, if approved by the Court, will settle claims of all persons who purchased or otherwise • ' acquired HP's publicly traded common stock between August 19, 2011 and November 20, 2012, inclusive (the "Settlement Class"), except for certain persons and entities who are excluded from the Settlement Class by definition (sea Question 6 below) or who timely . and validly elect to exclude themselves from the Settlement Class (see Questions 13-15 below). " •
Statement of Settlement Class's Recovery: Subject to Court approval, and as described more fully below, Lead Plaintiff, on behalf of itself and the Settlement Class, has agreed to settle all claims based on the purchase or acquisition of HP's publicly traded common stock that were or could have been asserted in the Action in exchange for a payment of $100,000,000 in cash . (the "Settlement Amount") to be deposited into an escrow account (the "Settlement Fund"). The Net Settlement Fund (/.e.,-'the • Settlement Fund less any. (i) Taxes; (ii) Notice and Administration Costs; (iii) Litigation Expenses awarded by the District Court; and (iv)-attorneys' fees awarded to Lead Counsel by the District Court) will be distributed in accordance with a plan of allocation of settlement proceeds that is subject to Court approval. The proposed plan of allocation (the "Plan of Allocation") is attached hereto as Appendix A. The Plan of Allocation may be modified by the Court without further notice. . .
Statement of Average Amount of Recovery Per Share: Lead Plainliffs damages expert .estimates .that approximately 973 million shares of HP publicly traded common slock purchased or otherwise acquired during the Settlement Class ' Period (/.e., between August 19, 2011 and November 20, 2012, inclusive) may have been damaged by the conduct at issue in the Action. If all Settlement Class Members elect to participate in the Settlement, the estimated average recovery per damaged share of . HP common stock would be approximately $0.10 of the $0.39 average damages per share as estimated by Lead Plaintrffs damages .. expert before deduction of .Court-awarded attorneys' fees and Litigation Expenses and the costs of providing notice and administenng : the Settlement. Settlement Class Members should note, however, that this is only an estimate based on the overall number of potentially damaged shares. Some Settlement Class Members may recover more or less than the estimated average recovery per share, Settlement Class Member recoveries wiil depend on, among other things: (1) the number of claims submitted; (ii) the amount of HP common stock purchased and/or acquired by the Settlement Class Member; (iii) the timing of such purchases and/or acquisitions;. (iv) whether the Settlement Class Member sold his, her, or its shares of HP common stock and, If so, when; (v) administraiive costs, including the costs of notice; and (vi) the amount of attorneys' fees and Litigation Expenses awarded by the Court.2 • .
Statement of Settling Parties' Position on Liability and Damages: The Settling Defendants have denied and continue to deny all claims and contentions by Lead Plaintiff, as well as all charges of wrongdoing or liability against them arising out of or related to any of the conduct, statements, acts, or omissions alleged, or that could have been alleged in the Action. The Settling < Defendants believe the Action has no merit. The Settling Defendants deny that they made any false or misleading statements during • ' the Settlement Class Period, that they had the state of mind required to render any of the alleged misrepresentations and omissions'' actionable, and that any alleged loss was caused by any alleged misrepresentations. The Lead Plaintiff disputes all of the foregoing.
' All capitalized lerms used in this Notice that are not otherwise defined herein shall have the meanings provided in the Stipulation of Settlement and Release dated June 8. 2Q15fthe 'StlPulalion'V which is available on the website www.HPSecuritlosLlliQallonSettlemen1.com. ' , . .
1 See, e.g., | 4 ol the Plan ol Allocation attached hereto as Appendix A. for a discussion of claims arising out of purchases/acquisitions of publicly traded HP common stock '' " made prior to May 23, 2012, which were previously dismissed by the Court In its November 26,2013 Order. ' . ,
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 147 of 175
As a result. the Settling Parties disagree on a number of issues, including, but not limited to: (i) whether the federal securities laws . were violated by the Settling Defendants' acts as alleged in the Complaints; (ii) whether statements made by the Settling Defendants to
the investing public concerning the acquisition of Autonomy were false and misleading; and (iii) to what extent the members of the :. Settlement Class have sustained damages, and the proper measure of damages.
. Statement of Attorneys' Fees and Expenses Sought: Court-appointed Lead Counsel, Kessler Topaz MeKzer & .Check, LLP, has iitigated the claims asserted in this Action on a wholly contingent basis since its inception and has conducted this
- litigation and advanced the expenses of litigation with the expectation that if it was successful in recovering money for the Settlement CJass, it would receive fees and be paid for its expenses from the Settlement Fund, as is customary in this type of litigation. Court-
•" appointed Lead Counsel will apply to the Court for an award of attorneys' fees in an amount not to exceed eleven percent (11 %} of the ' .". Settlement Amount, net of Litigation Expenses, a percentage that was specifically negotiated by Lead Plaintiff in advance of this
litigation pursuant to a fee grid which varied based upon the amount recovered and the point during the litigation at which the settlement was achieved.3 Lead Counsel's lodestar is approximately $8.5 million, a figure calculated by multiplying the hours expended to dale on
. • the Action by Lead Counsel for each attorney and professional by their respective hourly rates. If Lead Counsel applies for attorneys' fees in the amount of eleven percent (11%) of the Settlement Amount, net of Litigation Expenses, Lead Counsel wilt be seeking a
. multiplier of less than 1.3 on its lodestar. Lead Counsel will also apply to the Court for reimbursement of Litigation Expenses in an . amount not to exceed $1.25 million, plus interest earned on both the fees and Litigation Expenses awarded at the same rate earned on . the Settlement Fund, all to be paid from the Settlement Fund. The maximum amount of Litigation Expenses set forth above includes an
• estimate for reimbursement from the Settlement Fund for costs and expenses (including lost wages) incurred by Lead Plaintiff in connection with its representation of the Settlement Class in accordance with 15 U.S.C. § 78u-4(a)(4), in an amount not to exceed
• $175,000. This amount represents reimbursement to be sought for the time expended by the Lead Plaintiff in representing the .' Settlement Class in this'Action, that otherwise would have been spent on daily tasks by employees and personnel of PGGM. The
amount Lead Plaintiff will seek will be based upon the hourly rates charged or calculated based upon the annual salaries of the individuals at PGGM who devoted time to this Action, multiplied by the number of hours they expended. Such time includes hours
. ' expended on document collection and production, attendance at a hearing, attendance at mediation, preparation for and attendance at . , depositions and participation in litigation strategy decisions. Lead Plaintiffs approval and recommendation of the Settlement is
. completely independent of the reimbursement award, such that if a lesser award or no award is granted, Lead Plaintiff still recommends < •. the Settlement. If the above Litigation Expenses are requested and approved by the Court, the average cost per damaged share of HP
• common stock will be approximately $0.0124. Please note that this amount is only an estimate.4
• 6. • • IdentlHcation of Attorneys' Representatives: Lead Plaintiff and the Settlement Class are represented by: Eli R. . Greenstain, Esq., One Sansome Street, Suite 1850, San Francisco, CA 94104, (415) 400-3000 and Andrew L. Zivitz, Esq. and Stacey
M/ Kaplan.'Esq., 280 King of Prussia Road, Radnor, PA 19087, (610) 667-7706, all of Kessler Topaz Meltzer & Check, LLP, www.ktmc.com. '
5.
Reasons for the Settlement: Lead Plaintiffs principal reason for entering into the Settlement is the Immediate cash benefit to the Settlement Class, without further risk or the delays inherent in continued litigation. The cash benefit under the Settlement
" must be considered against the significant risk that a smaller recovery - or, indeed, no recovery at all - might be achieved after . contested motions, trial, and likely appeals, a process that could last several years into the future. Lead Plaintiff also believes that the . Settlement is a favorable result in light of the risks of continued litigation. For the Settling Defendants, who have expressly denied and continue to deny all allegations of liability, fault, or wrongdoing whatsoever, the principal reason for entering into the Settlement is to eliminate the expense, risks, and uncertainty of further litigation to themselves and HP's shareholders.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: This is the only way to be eligible to receive a payment from the Settlement. If you are a Settlement Class Member and you remain in the Settlement Class, you will be bound by the Settlement as approved by the Court whether or not you submit a Claim Form. Instructions as to how to request a Claim Form are contained below. See Question 9 below.
SUBMIT A CLAIM FORM POSTMARKED NO LATER THAN
,••• OCTOBER 31, 2015
EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS BY. SUBMITTING A WRITTEN REQUEST FOR EXCLUSION SO THAT IT IS RECEIVED NO LATER THAN OCTOBER 14. 2015 OBJECT TO THE SETTLEMENT BY SUBMITTING A WRITTEN OBJECTION
' SO THAT IT IS FILED OR POSTMARKED NO LATER THAN OCTOBER 14, 2015 .
If you exclude yourself from the Settlement Class, you will not be eligible to receive a payment from the Setllement. This is the only option that potentially allows you to ever bring or maintain your own lawsuit against the Settling Defendants and the other Released Parlies, or to be part of another lawsuit, concerning the claims being resolved in this Setllement. See Questions 13-15 below.
If you do not like the proposed Settlement, the proposed Plan of Allocation, and/or the requests for attorneys' fees and Litigation Expenses, you may write to the Court and explain why you do not like them. You cannot object to the Settlement, the Plan of Allocation or the requests for attorneys' fees and Litigation Expenses unless you are a
• Setllement Class Member and do not exclude yourself.
3 Court-awarded Litigation Expfirisea, including any reimburaemenl of Lead Plaintiffs costs and expenses, will be deducted from the Settlement Amount prior to applying any Court-approved percentage toe attorneye' fees in accordance with the Court's standard pcectiee of awarding Bttorneys' fees on e net basis.
1 . . 4 Ttie estimated notice and claims administration coats for this Settlement, which shall be paid out or he Settlement Amount, are >2.5 million. The cost is only an estimate, however, as the administration has not fully commenced as of the date of this Notice. The costs of notice and daima administration will largely depend upon the number of Notices mailed and the number of claims submitted for processing. If the attorneys' fees and Litigation Expenses requested are approved by the Courl and the notice and claims administration costs are S2.5 million, the average cost per damaged share of HP common stock for all of these expenditures will be approximately $0,015.
2
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 148 of 175
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GO TO A HEARING ON NOVEMBER 13, 20tS AT 10.-00 A.M., AND FILE A NOTICE OP INTENTION TO APPEAR SO THAT IT IS FILED OR POSTMARKED NO LATER THAN OCTOBER 14. 2015
Filing a written objection and notice of intention to appear allows you to speak in Court about the fairness of the proposed Settlement, the proposed Plan of Allocation, and/or the • requests for attorneys' fees and Litigation Expenses, if you submit a written objection, you may (but do not have to) attend the hearing and speak to the Court about your objection. If you do not attend the hearing, the Court will still consider your objection.
If you are a member of the Settlement Class and you do not submit a Claim Form, you. will .. not be eligible to receive any payment from the Settlement. You will, however, remain a member of the Settlement Class, which means that you give up your right to sue about the claims that are resolved by the Settlement and you will be bound by any judgments or orders entered by the Court in the Action.
• These rights and options - and the deadlines to exercise them - are explained in this Notice. Please note; the date and time of the Settlement Hearing - currently scheduled for November 13, 2015 at 10.00 a.m. - is subject to change without further notice to the Settlement Class. If you plan to attend the Settlement Hearing, you should check the website, www.HPSecuriliesLitiaalionSettlement.com. the Court's PACER site or with Lead Counsel as set forth above to confirm that no change to the date and time of the hearing has been made.
• The Court in charge of this case still has to decide whether to approve the Settlement. .Payments witi be made'if the'Court approves the Settlement and. if there are any appeals, after appeals are resolved. Please be patient.
(END OF COVER PAGE]
DO NOTHING
WHAT THIS NOTICE CONTAINS
PAGES 4-5 BASIC INFORMATION 1. Why was this Notice issued? 2. What is this lawsuit about? 3. Why is this a class action? 4. Why is there a settlement? WHO IS IN THE SETTLEMENT 5. How do I know if I am part of the Settlement? 6. Are there exceptions to being included? 7. I am still not sure if I am included. THE SETTLEMENT BENEFITS - WHAT YOU GET 8. What doss the Settlement provide? 9. How much will my payment be? 10. What am I giving up as part of the Settlement? 11. How can I get a payment? 12. When will I get my payment? EXCLUDING YOURSELF FROM THE SETTLEMENT CLASS 13. If I exclude myself, can I get money from this Settlement? 14. If I do not exclude myself, can I sue later? 15. How do I get out of the Settlement Class? THE LAWYERS REPRESENTING YOU 16. Do I have a lawyer in this case? 17. How wilt the lawyers be paid? OBJECTING TO THE SETTLEMENT 16. How do I tell the Court if I do not like the Settlement? 19. What is the difference between objecting and excluding? THE COURT'S SETTLEMENT HEARING 20. When and where will the Court decide whether to approve the Settlement? 21. Do I have to come to the settlement hearing? 22. May I speak at the settlement hearing? IF YOU DO NOTHING -23. What happens if I do nothing at all? GETTING MORE INFORMATION 24. How do I get more information? INFORMATION FOR BROKERS AND OTHER NOMINEES 25. What if I purchased publicly traded HP common stock for a beneficial owner? PLAN OF ALLOCATION OF NET SETTLEMENT FUND AMONG SETTLEMENT CLASS MEMBERS
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APPENDIX A
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I
BASIC INFORMATION
1. Why was this Notice issued?
- This Notice is being sent to you pursuant to an Order of a U.S. Federal Court because you or someone in your family or an investment
' - account for which you serve as custodian may have purchased or otherwise acquired HP's publicly traded common stock during the
'Settlement Class Period. This Notice explains the lawsuit, the terms of the Settlement and your legal rights and options in connection
'' with the Settlement before the Court decides whether to approve the Settlement. This Notice Is also being sent to inform you of the
Settlement Hearing to be held by the Court to consider the fairness, reasonableness and adequacy of the Settlement, the Plan of
. Allocation, and the requests for attorneys' fees and reimbursement of Litigation Expenses.
The Honorable Charles R. Breyer of the United States District Court for the Northern District of California is presiding over the case
known as In re HP Securities Litigation, No. 3:12-cv-05980-CRB (N.D. Cal ). The persons or entitles that are suing are called plaintiffs,
' and those who are being sued are called defendants. In this case, the Court has appointed PGGM to serve as "Lead PlaintifT under a
.... federal law governing securities class actions and has appointed the law firm of Kessler Topaz Meltzer & Check, LLP ("Kessler Topaz")
as Lead Counsel in the Action. The Settling Defendants are HP and Margaret C. Whitman ("Whitman"). The proposed Settlement
'' 'di$cussed in this Notice will resolve all claims against the Settling Defendants and the other Released Parties, thereby concluding this
litigation if approved.
. Receipt of this Notice does not necessarily mean that you are a Settlement Class Member or that you will be entitled to receive
, '' proceeds from the Settlement, If you wish to be eligible to participate in the distribution of the proceeds from the Settlement, you will be
required to submit the Claim Form that is included with this Notice, as described in Question 9 below,
12. What is this lawsuit about?
Beginning on November 26, 2012, the first of three class action complaints against HP and other defendants was filed in this Court,
alleging violations of the federal securities.laws and captioned as follows: Nicotow v. Hewlett-Packerd Co., Case No. 12-cv-Q5990-CRB
.' (the "Original Complaint'). By Order dated March 4, 2Q13, the Court consolidated the foregoing action and any related cases under the
• caption (n re HP Securities Litigation, Case No 12-cv-05960-CRB. By the same Order, the Court appointed PGGM as Lead
' Plaintiff. By Order dated March 7, 2013, the Court appointed Kessler Topaz as Lead Counsel.
On May 3, 2013, Lead Plaintiff filed the operative complaint in the Action, the Consolidated Complaint for Violation of the Federal
' Securities Laws (the "Consolidated Complaint"), asserting claims under Sections 10(b) and 20(a) of the Securities Exchange Act of
,1934 against Defendiants. The Consolidated Complaint alleges, among other things, that during the relevant time period, Defendants
made false and misleading statements related to the acquisition of Autonomy, including statements regarding Autonomy's value and
. • the reasons'for Autonomy's poor performance after its acquisition by HP. On November 20, 2012, HP announced the write-down of
.... 85% of Autonomy's purchase price due to, inter alia, serious accounting improprieties at Autonomy.
. . On July 2, 2013, Defendants? moved lo dismtss the Consolidated Complaint. Follotving full briefing and oral argument on Defendants'
-motions, the Court, on November 26, 2013, granted in part and denied in part Defendants' motions to dismiss, thereby dismissing all
• - Defendants except HP and Whitman and dismissing all allegedly false and misleading statements made prior to May 23, 2012.
On November 4, 2014, Lead Plaintiff filed a motion to certify this Action as a class action, to certify Lead Plaintiff as class representative
' . and-to-appoint Kessler Topaz as class counsel. At the time the Settlement was reached, the Court had yet to rule upon the class
' ' certification motion.
During the course of the Action, the Settling Parties have conducted extensive discovery, including Lead Plaintiffs review of over
60,000 pages of documents produced by Settling Defendants and third parties. In addition, the Settling Parties, through their counsel,
- had several in-person and telephonic settlement discussions, mediations and arm's-length negotiations with the assistance of an
experienced mediator lasting for the better part of a year, before reaching an agreement-in-principte to settle the Action in May 2015.
'' These proceedings involved several mediation submissions, supplementations and document productions that assisted the parlies and
the mediator in evaluating the parties' respective positions and the strengths and weaknesses of their case and their defenses.
3. Why is this a class action?
• ' In'a class action lawsuit, one or more persons or entities known as class representatives - in this case, for purposes of Settlement,
Lead Plaintiff PGGM - asserts legal claims on behalf of all persons and entities with similar legal claims. All of these persons or entities
together are referred to as the "Settlement Class" or as "Settlement Class Members." One Court resolves the issues for all Settlement
Class Members, except for any persons or entities who choose to exclude themselves from the Settlement Class (see Question 15
below), if the Court determines that a class action is an appropriate method to do so.
> . s •De'endants" are HP, Whitman, Leo Apotheker, Shane v. RcWwn, Catharine A, Lesjak, Raymond J. lane and James T. Murrin (the 'HP Detendams*) and Michael R.
Lynch. ,
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4. Why is there a settlement?
Settling Defendants have agreed to settle the Action. The Court did not decide in favor of Lead Plaintiff or Settling Defendants. The . Settling Parlies disagree on both liability and the amount of damages that could be won if Lead Plaintiff had prevailed at trial.-. Specifically, the Settling Parties disagree, among other things, on (1) whether the statements made or facts allegedly omitted were material, false or misleading, (2) whether Settling Defendants are otherwise liable under the securities laws'fdr those statements or omissions, (3) the average amount of damages per share of publicly traded HP common stock, if any, that would be recoverable if Lead Plaintiff was to prevail, and (4) whether the alleged misleading sUitements caused any part of Lead Plaintiffs losses.
The claims advanced by Lead Plaintiff in this Action involve numerous legal and factual issues, which would require additional discovery, Including expert discovery, which would add considerably to the expense, complexity and duration of the litigation. If the Action were to proceed, Lead Plaintiff would have to overcome significant defenses. Based upon their investigation, formal discovery and extensive mediation efforts, and after considering (a) the attendant risks of litigation and (b) the desirability of permitting the Settlement to be consummated as provided by the terms of the Stipulation, Lead Plaintiff and its lawyers. Lead Counsel,'believe that the Settlement is in the best interests of the Settlement Class Members. -
Settling Defendants have denied the claims asserted against them in the Action and deny having engaged in any wrongdoing or violation of law of any kind whatsoever Settling Defendants have agreed to the Settlement solely to eliminate the burden and expense • of continued litigation. Accordingly, the Settlement may not be construed as an admission of Settling Defendants' wrongdoing. '
WHO IS IN THE SETTLEMENT '
To see if you will receive money from this Settlement, you first have to determine rf you are a Settlement Class Member.
5. How do J know if I am part of the Settlement?
Judge Breyer has determined that everyone who fits the following description is a Settlement Class Member, unless you are excluded • from the Settlement Class as described in Question 6 below: AH Persons who purchased or otherwise acquired HP'S'publicly " traded common stock between August 19, 2011 and November 20, 2012, inclusive. , . ..
PLEASE NOTE: RECEIPT OF THIS NOTICE DOES NOT MEAN THAT YOU ARE A SETTLEMENT CLASS MEMBER OR THAT YOU WILL BE ENTITLED TO RECEIVE PROCEEDS FROM THE SETTLEMENT. IF YOU ARE A SETTLEMENT CLASS MEMBER AND YOU WISH TO BE ELIGIBLE TO PARTICIPATE IN THE DISTRIBUTION OF PROCEEDS FROM THE SETTLEMENT. YOU ARE REQUIRED TO SUBMIT THE CLAIM FORM THAT IS BEING DISTRIBUTED WITH THIS NOTICE AND THE REQUIRED SUPPORTING DOCUMENTATION AS SET FORTH THEREIN POSTMARKED NO LATER THAN OCTOBER 31. 2015.
6. Are there exceptions to being included?
Yes. Excluded from the Settlement Class are all Released Parties. Also excluded from the SetUement Class are any persons or.' -entities who exclude themselves from the Settlement Class by submitting a timely request for exclusion' in-accordance with the requirements set forth In this Notice. ' • , - >
7. I am still not sure if I am included.
If you are not sure whether you are a Settlement Class Member, you may visit www,HPSecuritiesUtiQationSettlement.com or you can contact the Claims Administrator for the Settlement, GCG, by writing to In re HP Securities Litigation Settlement, do GCG, P.O. Box 10224, Dublin, Ohio 43017-5724, or by calling (008) 905-9302. You may also want to contact your broker to see if you purchased and/or otherwise acquired the publicly traded HP common stock eligible to participate in the Settlement.
THE SETTLEMENT BENEFITS - WHAT YOU GET .
8. What does the Settlement provide?
The Settlement provides for the payment of $100,000,000 on behalf of the Settling Defendants. If the Settlement is approved, the.Net Settlement Fund (as defined above), will be distributed to eligible Settlement Class Members. ' ' '
9. How much will my payment be?
The proposed Plan of Allocation provides for distribution of the Net Settlement Fund to each Settlement Class Member who submits a, ' • timely and valid Claim Form to the Claims Administrator, in accordance with the requirements established by the Court, and who is ' approved for payment from the Net Settlement Fund ("Authorized Claimant"). Your share of the Net Settlemenl Fund will depend on, • • • among other things, the number of valid Claim Forms submitted, how many shares of HP common stock you purchased or otherwise acquired during the Settlement Class Period and when you purchased, acquired, and sold such shares. ' -
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. A l l C l a i m ' F o r m s m u s t b e postmarked no later than October 31, 2015 addressed as follows:
' ' In re HP Securities Litigation Settlement . c/o GCG
• Claims Administrator • ' P.O. Box 10224
' , , . . • • Dublin, Ohio 43017-5724
Unless otherwise ordered by the Court, any Settlement Class Member who fails to submit a properly completed and signed Claim Form within such period as may be ordered by the Court shall be forever barred from receiving any payments pursuant to the Settlement, but will in all other respects be subject to the provisions of the Stipulation entered into by the Settling
> Parties, including the releases set forth therein, and the final judgment entered by the Court.
The Plan of Allocation is a matter separate and apart from the proposed Settlement, and any decision by the Court concerning the Plan ' . of Allocation shall not affect the validity or finality of the Settlement. The Court may approve the Pian of Allocation with or without ' modifications agreed to among the Settling Parties, or another plan of allocation, without further notice to Settlement Class Members.
' . The proposed Plan of Allocation, which is subject to Court approval, is attached as Appendix A to this Notice. Please review the Plan of Allocation carefully.
10.. What am I giving up as part of the Settlement?
If the Settlement is. approved by the Court and becomes final, you will be releasing all Defendants and certain of their related parties (i.e., the "Released Parties" as set forth in paragraph 1(bb) of the Stipulation) for all of the Settled Claims defined in paragraph 1(dd) of the Stipjlation. The "Settled Claims'' are those claims brought in this case or that could have been brought in this case and relate to the
.. purchase and/or acquisition of pubiiefy traded HP common stock during the Settlement Class Period, as fully defined in the Stipulation.8
The Stipulation is available at www.HPSecuritiesLitiQationSettlement.com. The Stipulation describes the Settled Claims with specific 'description, so please read it carefully. '
11. How can I get a payment? '
- ,. If you are a Settlement Class Member you will need to submit a Claim Form and the necessary supporting documentation to establish ' - your potential eligibility to share in the Net Settlement Fund. A Claim Form is included with this Notice, or you may obtain one from the
• website maintained by the Claims Administrator, www.HPSecuritiesLitiQationSet1lBment.com. or you may. request that a Claim Form be mailed to you by contacting the Claims Administrator toll free at (888) 985-9382. Submitting a Claim Form does not necessarily guarantee that you will receive a payment. Please refer to the Plan of Allocation attached as Appendix A hereto for further information
- on how Lead Plaintiff proposes the Net Settlement Fund will be allocated. Please retain all records of your ownership of and ' transactions in HP common stock, as they may be needed to document your claim.
12.' When will I get my payment?
If the Settlement is approved, there may be appeals. It is always uncertain whether these appeals can be resolved favorably, and resolving them can take time. It also takes time for the Claims Administrator to review and process all of the Claim Forms that are
' ' submitted and to calculate pursuant to the Plan of Allocation how much each claimant should receive. Please check the website for updates.
EXCLUDING YOURSELF FROM THE SETTLEMENT CLASS
If you do not want to be eligible to receive a payment from this Settlement, but you want to keep the right to pofen(/a//y sue or continue to sue* Settling Defendants or the Released Parties on your own about the same claims being released in this Settlement, then you must take steps to exclude yourself from the Settlement Class. This is sometimes referred to as "opting out* of the class. See Question 15 below. Lead Counsel and Lead Plaintiff offer no opinion as to whether you wilt be able to sue or participate in any other actions against the Settling Defendants or the Released Parties related to the claims in this Action if you exclude yourself from the Settlement Class as further explained in response to Question 14 below.
13. If I exclude myself, can I get money from this Settlement?
' No. If you exclude yourself from the Settlement Class, you will not be eligible to receive a payment from this Settlement, and you cannot -• • object.to this Settlement. You will'not be bound by anything that happens in this lawsuit, and you may be able to sue Settling
Defendants or the other Released Parties on your own in the future.
' 'Settled Claims* does not include any claims (i) thai members of the Settlemenl CIBSS may have arising solely under ERISA, including without limitation in the action _ "• caplloned In m'HP ERISA UHgalbn, No. C-12-6199 (N.D. Cel.), (ii) that membera or the Settlement Class may have solely in a derivetrve capacity, including without limitation
' in the action captioned In re HP Shamholder Darivotiva Litigatioi, No. C-12-6003 CR8 (N.D. Cal), or (411) to enforce ihe terms of the Settlement. For the avoidance of doubt, Sealed Claims also excludes any and all claims referenced in paragraph 8 ol the Stipulation.
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14. If I do not exclude myself, can I sue later?
No. Unless you exclude yourself, you give up any right you may potentially have to sue the Settling Defendants or any of the other Released Parties for the claims being released by this Settlement. If you have a pending lawsuit relating to the claims being released in the Action, you should speak to your lawyer in that case immediately.
Should you elect to exclude yourself from the Settlement Class, you should understand that the Settling Defendants and the . Released Parties will have the right to assert any and all defenses they may have to any claims that you may seek to assert. Although the Settling Defendants have decided to settle the Action in Its entirety in order to eliminate the burden and expense of continued litigation, the Settling Defendants will retain and are not waiving in any way the right to assert that any subsequent claims asserted by any individual Settlement Class Members who exclude themselves from the Settlement Class are otherwise subject to dismissal, or otherwise lack merit. .. -
15. How do I get out of the Settlement Class?
To exclude yourself from the Settlement Class, you must send a letter by mail saying that you want to be excluded from the Settlement . Class in In re HP Securities Litigation, No. 3:12-cv-05980-CRB (N.D. Cal.). Be sure to include your name, address, and telephone •. number. Your request for exclusion must also provide information containing your transactions in HP publicly traded common'stock, •including (i) the number of shares of HP's publicly traded common stock held as of August 19, 2011, the first day of the Settlement , Class Period; (ii) the number of shares of HP's publicly traded common stock purchased or otherwise acquired during the Settlement
i Class Period, and if any such shares were sold, how many shares were sold; (iii) the prices or other consideration paid or received for such shares; and (iv) the date of each purchase, acquisition or sale transaction. The request must be signed by the person, or entity . requesting exclusion. You must mail your exclusion request so that it is received no later than October 14,2015 to: - .\ •
In re HP Securities Litigation Settlement ' . c/o GCG ,
Claims Administrator -P.O. Box 10224 ' . .
Dublin, Ohio 43017-5724 . • . ....
• Please keep a copy of everything you send by mail, in case it is lost or destroyed during mailing.
• You cannot exclude yourself over the phone or by e-mail. . • •
Pursuant to the terms of a separate supplemental agreement between the Settling Parties, the Settling Parties shall have the option to> terminate the Settlement in the event that members of the Settlement Class, who purchased and/or acquired a certain amount of publicly traded HP common stock and would otherwise be entitled to participate in the Settlement Class, timely and validly request- ' exclusion in accordance with the requirements set forth in this Notice. . ' '
THE LAWYERS REPRESENTING YOU
16. Do I have a lawyer in this case?
The Court has appointed the law firm of Kessler Topaz Meltzer & Check, LLP to represent you and the other Settlement Class .. Members. These lawyers are referred to as Lead Counsel. You may contact Lead Counsel as follows: Eli R. Greenstein, Esq., One -Sansome Street, Sufte 1650, San Francisco, CA 94104, (415) 400-3000 or Andrew L. Zivitz, Esq. and Stacey M. Kaplan. Esq., 280 King of Prussia Road, Radnor, PA 19087, (610) 667-7706, all of Kessler Topaz Meltzer & Check, LLP, www.ktmc com, You-will not'be separately charged for these lawyers beyond your pro rata share of any attorneys' fees and Litigation Expenses awarded by the Court' ' that will be paid from the Settlement Fund. If you want to be represented by your own lawyer, you may hire one at your own expense.'
17. How will the lawyers be paid?
Lead Counsel has not received any payment for its services in pursuing claims against the Defendants on behalf of the Settlement Class, nor has Lead Counsel been paid for its expenses which have been incurred in prosecuting and resolving the Action. Before final approval of the Settlement, Court-appointed Lead Counsel will apply to the Court for an award of attorneys' fees in an amount not to '. .' exceed eleven percent (11%) of the Settlement Amount, net of Litigation Expenses, a percentage that was specifically negotiated by • Lead Plaintiff in advance of this litigation pursuant to a fee grid which varied based upon the amount recovered and the point during the . litigation at which the settlement was achieved.7 Lead Counsel will also apply for reimbursement of Litigation Expenses in an amount . not to exceed $1,25 million, plus interest earned on both the fees and Litigation Expenses awarded at the same rate earned on the. Settlement Fund, all to be paid from the Settlement Fund. The maximum amount of Litigation Expenses set forth above includes,an
7 Court-awarded Litigation Expenses, including any costs and expenses awarded to 1he Lead Plaintiff, will be deducted from the Settlement Amount prior to applying any . Court-approved percentage for attorneys' fees in accordance with the Court's standard practice of awarding attorneys' fees on a net basis. As set forth above, Lead Counsel's lodestar is approidmalely $8.5 million, e figure calculated by muKlplying the hours expended to date on the Action by Lead Counsel for each atlawey and
professional by their hourly rate. It Lead Counsel applies for attorneys' fees In the amount of 11% of the Setllement Amount, net of Uligallon Expenses, Lead Counsel will be ' 1
seeking a multiplier of less than 1.3 on Its lodestar. ' ' ' " '
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' estimate for reimbursement from the Settlement Fund for costs and expenses (including lost wages) incurred by Lead Plaintiff in connection with Its representation of the Settlement Class in accordance with 15 U.S.C. § TSu-^a)^), in an amount not to exceed
' ' $175,000.. The Court may award less than the requested amounts. Any payments to the attorneys for fees or expenses, row or in the •. future, will first be approved by the Court. '
OBJECTING TO THE SETTLEMENT
You can tell the Court that you do not agree with the Settlement, the Plan of Allocation, Lead Counsel's request for an award of ' attorneys' fees and Litigation Expenses, or Lead Plaintiffs request for reimbursement of costs and expenses,
18. How do I tell the Court if I do not like the Settlement?
.|f you are a Settlement Class Member who has not sought to exclude yourself from the Settlement Class, you can object to the Settlement if you do not like any part of it. The Court can only approve or deny the Settlement. You cannot ask the Court to order a
' larger settlement. If the Court denies approval of the Settlement, no settlement payments will be sent out and the Action will continue.
- To object, you must send a letter to the Court saying that you object to the Settlement In the In m HP Securities Litigation, No. 3;12-cv-059B0-CRB"(N.D. Cal.) and the reasons why you object to the Settlement. Be sure to include your full name, address and telephone number. An objector must atso include the following information', (i) a list and documentation of all of his, her or Its transactions
. involving HP's publicly traded common stock during the Settlement Class Period, including brokerage confirmation receipts or other " competent'documentary evidence of such transactions, including the amount and date of each purchase, acquisition or sale and the
' price paid and/or received;'(ii) a written statement of all grounds for the objection accompanied by any legal support for the objection; ' (iii) copies of any papers, briefs or other documents upon which the objection is based; (iv) a list of any persons who will be called to . .testify in support of the objection; (v) a statement of whether the objector intends to appear at the Settlement Hearing; (vi) a list of other
cases in which the objector or the objector's counsel have appeared either as settlement objectors or as counsel for objectors in the preceding five years; and (vii) the objector's signature, even if represented by counsel. If you intend to appear at the Settlement Hearing through counsel, the objection must also state the identity of all attorneys who will appear on your behalf at the Settlement
' '' Hearing. Any Settlement Class Member who does not make his, her or its objection in the manner provided for herein shall be deemed to have waived such objection and shall forever be foreclosed Irom making any objection to the fairness or adequacy of the Settlement as reflected in the Stipulation, to the Plan of Allocation or to the applications for attorneys' fees and reimbursement of Litigation Expenses. If you are not a member of the Settlement Class, you cannot object to the Settlement as it does not affect you.
Any objection must be submitted to the Court either by mailing the objection to the Class Action Clerk at the address below or by filing the objection in person at any location of the United States District Court for the Northern District of California, such that the objection is filed or postmarked on or before October 14, 2015;
United States District Court Northern District of California
Class Action Clerk 450 Golden Gate Avenue San Francisco, CA 94102
. - 19. What is the difference between objecting and excluding?
' Objecting is simply telling the Court that you do not like something about the Settlement, the Plan of Allocation, and/or the application ' for attorneys' fees and Litigation Expenses. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that-you do not want to be part of the Settlement, II you exclude yourself, you have no basis to object because the case no longer affects you.
THE COURT'S SETTLEMENT HEARING
The Court will hold a hearing to consider whether to approve the Settlement, the Plan of Allocation and the applications for attorneys' fees and Litigation Expenses. You may attend and you may ask to speak, but you do not have to.
120. When and where will the Court decide whether to approve the Settlement?
The Court will hold a Settlement Hearing at 10:00 a-m., on November 13, 2015, in Courtroom 6 on the 171h Floor before the Honorable Charles R. Breyer at the United States District Court for the Northern District of California, San Francisco Courthouse, 450 Golden Gate
- .Avenue, Sah Francisco, CA 94102. At this hearing, the Court will consider whether the Settlement and the Plan of Allocation are fair, . reasonable, and .adequate. If there are objections, the Court will consider them. Judge Breyer may also consider Lead Counsel's
- " application for attorneys' fees and Litigation Expenses at this time, including any request by Lead Plaintiff for reimbursement of its costs and expense (including lost wages) in connection with its representation of the Settlement Class. The Settlement Hearing may occur
- on a different date or at a different time without additional notice, so if you ptan on attending the hearing, please check the website, www.HPSecuritlesLitiqationSettlement.com. the Court's PACER site or contact Lead Counsel to confirm that the date
- - and/or lime of the hearing has not changed.
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21. Do I have to come to the settlement hearing?
No. Lead Counsel will answer any questions Judge Breyer may have. But, you are welcome to attend the hearing at your own' expense. If you send an objection, you do not have to come to Court to talk about it. As long as your written objection was received oh time, the Court will consider it. You may also pay your own lawyer to attend, but it is not required.
22. May I speak at the settlement hearing?
You may ask the Court for permission to speak at the Settlement Hearing. To do so. you must send a letter stating that it is your "Notice of Intention to Appear at the Final Settlement Hearing in the HP Securities Litigation matter." Be sure to include your name, address, telephone number, your signature, and also identify your transactions in publicly traded HP common stock, including the • • date(s), price(s) and amount(s) of all purchases, acquisitions, and sales of the eligible HP common slock during the Settlement Class -Period. Your notice of intention to appear must be submitted to the Court either by mailing it to the Class Action Clerk at the address set forth above in Question 18 or by filing it in person at any location of the United States District Court for the Northern District of Carifomia, such that the notice of intention to appear is filed or postmarked on or before October 14, 2015. Absent Court approval, you cannot speak at the hearing if you exclude yourself from the Settlement Class. . • -
IF YOU DO NOTHING ... . ..
23. What happens if I do nothing at all?
If you do nothing, you will receive no money from this Settlement. But, unless you exclude yourself, subject-to the .caveats set forth ' above in response to Question 14 above, you will not be potentially able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Settling Defendants or the other Released Parlies about the same claims being released in this Settlement. '
GETTING MORE INFORMATION
24. How do I get more Information?
This rotice summarizes the Settlement, For the precise terms and conditions of the Settlement, please see the Stipulation available at www.HPSecuritlesLitiaatlonSettlement.com. A copy of the Stipulation and additional information regarding the Settlement can also be . obtained by contacting Lead Counsel at the contact information set forth above, by accessing the Court docket in this case" through.'the Court's Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerir of the Court for the United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102-3489, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays. You may also write to the Claims Administrator at. In re HP Securities Litigation Settlement, c/o GCG, P.O. Box 10224, Dublin, OH 43017-5724. PLEASE DO NOT CALL THE COURT OR THE CLERK OF THE COURT FOR ADDITIONAL INFORMATION ABOUT THE SETTLEMENT OR THE CLAIMS PROCESS.
INFORMATION FOR BROKERS AND OTHER NOMINEES
25. What if I purchased publicly traded HP common stock for a beneficial owner?
If you purchased publicly traded HP common stock during the Settlement Class Period as a nominee for a beneficial owner, the Court' has directed that, within fourteen (14) calendar days after you receive this Notice, you must either: -
(\) provide the names and addresses of such persons and entities to the Claims Administrator, GCG, and GCG will send . a copy of the Notice and Claim Form to the beneficial owners; or ' .
(ii) send a copy of the Notice and Claim Form by first class mail to the beneficial owners of such HP common stock. You can request additional copies of these documents by contacting the Claims Administrator, In m HP Securities Litigation Settlement, c/o GCG. P.O. Box 10224. Dublin. Ohio 43017-5724. or by going to www.HPSecuritiesLitiqationSettlementcom, . .•
If you verify and provide details about your assistance with either of these options, you may be reimbursed from the Settlemenl Fund for the actual expenses you incur to send the Notice and Claim Form, including postage and/or the reasonable costs of determining the. names and addresses of benefcial owners. Please send any requests for reimbursement, along with appropriate supporting documentation, to: In re HP Securities Litigation Settlement, c/o GCG, Claims Administrator, P.O. Box 10224, Dublin, Ohio 430175724. or visit www.HPSecuritiesLitigationSettlemenl.com. .
PLEASE DO NOT CALL OR WRITE THE COURT OR THE CLERK OF THE COURT TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIMS PROCESS. ' ' ' ' • •' ; "
By Order of the Clerk of the Court United States District Court ' Northern District of California . . .
Dated: August 17, 2015
9
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 155 of 175
W':
APPENDIX A
PLAN OF ALLOCATION OF NET SETTLEMENT FUND AMONG SETTLEMENT CLASS MEMBERS
The objective of the Plan of Allocation is to equitably distribute the Net Settlement Fund to those Settlement Class Members , who. suffered economic losses as a result of the alleged violations of the federal securities laws as opposed to losses caused by market
' or industry factors or company-specific factors unrelated to the alleged violations of law. The Plan of Allocation reflects Lead Plaintiffs damages expert's analysis undertaken to date to that end, Including a review of publicly available information regarding HP and statistical analysis of the price movements of publicly traded HP common stock ("HP Common Stock") and the price performance of relevant market and peer indices during the Settlement Class Period. The Plan of Allocation, however, is not a formal damages
' - analysis that has been adjudicated or fully developed during discovery in the Action.
' 2. - . The calculations made pursuant (o the Plan of Allocation are not intended to be estimates of, nor indicative of, the amounts ' that Settlement Class Members might have been able to recover after a trial. Nor are the calculations pursuant to the Plan of Allocation
' intended to be estimates of the amounts that will be paid to Authorized Claimants pursuant to the Settlemenl, The computations under - .the Plan of Allocation are only a melhod to weigh the claims of Authorized Claimants against one another for the purposes of making
^ ' pro rata allocations of the Net Settlement Fund.
' " 3.' The Plan of Allocation generally measures the amount of loss that a Settlement Class Member can claim for purposes of making pro rata allocations of the Net Settlement Fund to Authorized Claimants. For losses to be compensable damages under the
. federal securities laws, the disclosure of the allegedly misrepresented information must be the cause of the decline in the price of the security. In this case, Lead Plaintiff alleges that Defendanls made false statements and omitted material facts from August 19, 2011
. . through and including November 19, 2012, which had the effect of artificially inflating the price of HP Common Slock. Alleged ' 'corrective disclosures that resulted in a statistically significant change in market price and removed the artificial inflation from the price
• of HP common stock occurred on August 22, 2012 and November 20, 2012. Accordingly, in order to have a Recognized Loss, the HP - Common Stock must have been purchased/acquired during the Settlement Class Period and held through at least one of the alleged
disclosures. . •
• ' . ' 4.- In addition, the.Plan of Allocation takes into account the fact that the Court's November 26, 2013 Order dismissed all claims ' related to allegedly false and misleading statements made between August 19, 2011 and May 22, 2012, inclusive. Because of the
dismissal of these claims, it is far less likely that Lead Plaintiff could prevail on those claims. Accordingly, Recognized Losses resulting from purchasesfecquisitions during this time period calculated pursuant to paragraph 8 below shall be multiplied by fifteen (15%)
. percent to reflect the Increased litigation risk on the dismissed claims.
CALCULATION OF RECOGNIZED LOSS AMOUNTS I
For purposes of determining whether a Claimant has a "Recognized Claim', purchases, acquisitions, and sales of HP . 5. •Common Stock will first be matched on a First In/First Out ("FIFO") basis as-set forth in paragraph 9 below.
For'each share of HP Common Stock purchased or otherwise acquired during the Settlement Class Period and sold on or - . before February 15, 2013,1 an "Out of Pocket Loss" will be calculated. Out of Pocket Loss is defined as the purchase price (excluding
' all fees, taxes, and commissions) minus the sale price (excluding all fees, taxes, and commissions). To the extent that calculation of the Out of Pocket Loss results in a negative number thereby reflecting a gain on the transaction, that number shall be set to zero.
A 'Recognized Loss Amount' will be calculated as set forth below for each HP Common Stock share purchased or otherwise - • acquired during the Settlement Class Period, that is listed in the Claim Form and for which adequate documentation is provided. To the
extent that the calculation of a Claimant's Recognized Loss Amount results in a negative number, that number shall be set to zero.
(For each share of HP Common Stock purchased or acquired during the Settlement Class Period, and)
Sold prior to the release of corrective information on August 22, 20123, the Recognized Loss Amount for each share A. ' shall be zero.
. 1 February 1S. 2013 represents the last day ol the 90-day period subsequsnl to the Settlement Clas$ Period {(he '90-day look back period'). The Private Securities Litigation Reform Act of 1995 ("PSLRA") imposes a Btatulory limitation on recoverable damages using the 90-day look back period, This limitation is incorporated into the calculation of
' •. a Settlemenl Class Member's Recognized Loss Amount. Specifically, a Setllertienl Class Member's Recognized Loss Amount cannot exceed the difference between the - - purchase price paid lor the HP Common Stock and the average price ol HP Common Stock during the 90-day look beck period subsequent to the Settlement Class Period if
the share was held through February 15, 2013, the end ol the 90-day look back period. Losses on HP Common Slock purchasedfecquired during the Settlement Class Period and sold during the 60-day look back period cannol exceed the diflerence between the purchase price paid for the HP Common Stock and the average price of HP Common
. Stock during the portion of the 90-dsy iook back period elapsed as of the date of sole, as set forth in Table 2 below.
3 Given thai documentation may not exist salting forth the exact time of each such transection, the price at which the iransaclion took place shall serve as e proxy tor " determining whether the transection occurred before or after the release ol Ihe allegedly corrective information. Shares purchased/acquired or sold on August 22,2012 at any
pnce equal to or greater ihan 119,00, shall be deemed 10 have been purchased/acquired or sold prior to the release of corrective information on August 22.2012 lor purposes of this Plan. Shares puifihased/acquired or sold on August 22. 2012 at any price less than $19.00, shall be deemed to have been purchased/acquired or sold after ihs release of corrective information On August 22, 2012 lor purposes of this Plan.
10
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 156 of 175
(Sold.after the release 'of corrective information on Auqust;22.,2Q'i2^nd prior te'-tKje.release of corre(^ive;infgMat!on; '[on Nqvember^O, jOJ2^4he" Recognized .Loss Amount for .each share shall Be the lesser •;
(P jthe dollar amount of artificial.inflation applicable to each such share qn'the.date of.purchase/acquisitiori:as.set forth in' (Table 1 below/n/nt/s.the doNarambirnt of,artificial.inflation,applicable to each such,share pn th6;date orsale as set] (forth in Table 1 below; or) ' • •
((ij^ thejOut'of,Pocket Loss') ' •
Sold after the release of corrective information on November 20, 201Z5. and prior to the close of trading on February 15,2013, inclusive, the Recognized Loss Amount for each share shall be the lesser of.
(i) the dollar amount of artificial inflation applicable to each such share on the date of purchase/acquisition as set forth m Table 1 below; .
(ii) the purchase/acquisition price of each such share (excluding all fees, taxes and commissions) minus the average closing price set forth in Table 2 below on the date of sale; or ' ' • '
(iii) the Out of Pocket Loss.
0. Held through the close of trading on February 15, 2013, the Recognized Loss Amount for each share shall be the
»
lesser of.
(i) the dollar amount of artificial inflation applicable to each such share on the date of purchase/acquisition as set forth in • Table 1 below; or
(ii) the purchase/acquisition price (excluding all fees, taxes, and commissions) minus $15.16 (the average closing price of HP Common Stock between November 20, 2012, and February 15, 2013, as shown on the last line in Table 2 below). ,
ADDITIONAL PROVISIONS . . .
If a Settlement Class Member has more than one purchase/acquisition or sale of HP Common Stock during the Settlement . Class Period, ail purchases/acquisitions and sales shall be matched on a FIFO basis. Settlement Class Period sales will be matched [ first against any holdings at the beginning of the Settlement Class Period, and then against purchases/acquisitions in chronological .., , order, beginning with the earliest purchase/acquisition made during the Settlement Class Period. .
Purchases/acquisitions and sales of HP Common Stock shall be deemed to have occurred on the "contract" or "trade" date as opposed to the "settlement'' or "payment" date. The receipt or grant by gift, inheritance or operation of law of HP Common Stock during the Settlement Class Period shall not be deemed a purchase, acquisition or sale of these shares of HP. Common Stock for the '' ' calculation of an Authorized Claimant's Recognized Claim, nor shall the receipt or grant be deemed an assignment of any claim relating • to the purchase/acquisition of such shares of HP Common Stock unless (i) the donor or decedent purchased or otherwise acquired such shares of HP Common Stock during the Settlement Class Period; (ii) no Claim Form was submitted by or on behalf of the donor,, on behalf of the decedent, or by anyone else with respect to such shares of HP Common Stock; and (iii) it is specifically so provided in the instrument of gifl or assignment. .
The date of covering a "short sale" is deemed to be the dale of purchase or acquisition of,the HP Common Stock. The date of • . a "short sale" is deemed to be the date of sale of HP Common Stock. In accordance with the Plan of Allocation, however, the Recognized Loss Amount on "short sales" is zero. In the event that a Claimant has an opening short position in HP Common Stock, the earliest Settlement Class Period purchases or acquisitions shall be matched against such opening short position and not be entitled to a recovery until that short position is fully covered. . - _ • •
Q
10.
11.
12. HP Common Stock is the only security eligible for recovery under the Plan of Allocation. Option contracts to purchase dr sell HP Common Stock are not securities eligible to participate in the Settlement. With respect to HP Common Stock purchased or sold -through the exercise of an option, the purchase/sale date of the HP Common Stock is the exercise date of the option and the ' purchase/sale price is the exercise price of the option. . '
13. The sum of a Claimant's Recognized Loss Amounts will be the Claimant's "Recognized Claim." • -
14. An Authorized Claimant's Recognized Claim shall be the amount used to calculate the Authorized Claimant's pro rata share of -the Net Settlement Fund If the sum total of Recognized Claims of all Authorized Claimants who are entitled to receive payment out of the Net Settlement Fund is greater than the Net Settlement Fund, each Authorized Claimant shall receive his, her, or its pro rata share . of the Net Settlement Fund. The pro rata share shall be the Authorized Claimant's Recognized Claim divided by the total of Recognized Claims of all Authorized Claimants, multiplied by the total amount in the Net Settlement Fund.' • • • - '
15. If the Net Settlement Fund exceeds the sum total amount of the Recognized Claims of all Authorized Claimants entitled to ' receive payment out of the Net Settlement Fund, the excess amount in the Net Settlement Fund, shall be distributed pro rata to all Authorized Claimants entitled to receive payment.
'see In. 2, . ... " , ..
* Given lhal documenlalion may not exist sehing forth the exact lime of each such transaction, the pries at which the transaction took piece shall serve as a proxy for determining whether the tranwrton occurred before or efter the release of the allegedly corrective information. Shares purchased/acquired or sold on November 20, 2012 et any price equal to or greater than S13.00, shall be deemed to have been purchasedAacquired or sold prior to the release of corrective informailon on November 20, 2012 for purposes of this Plan. Shares purchased/acquired or sold on November 20, 2012 at any price less than $13.00, shall be deemed to have been purchased/acquired or Bold' after the release of corrective Information on November 20,2012 for purposes of this Plan. '
5 Sea fn. 4,
11
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 157 of 175
•16. . The Net Settlement Fund will be allocated among all Authorized Claimants whose prorated payment is $10.00 or greater. If the prorated payment to any Authorized Claimant calculates to less than $10.00, it will not be included in the calculation and no 'dislribution will be made to that Authorized Claimant.
If any funds remain in the Net Settlement Fund by reason of uncashed distributions or other reasons following an initial ' distribution, then, after the Claims Administrator has made reasonable and diligent efforts to have Authorized Claimants who are
entitled to participate in the distribution of the Net Settlement Fund cash their distribution checks, any balance remaining in the Net Settlement Fund one (1) year after the initial distribution of such Kinds shall be re-distributed to Authorized Claimants who have cashed their initial distributions and who would receive at least $10.00 from such re-distribution, after payment of any unpaid costs or fees
- incurred in administering the Net Settlement Fund, including costs or fees for such re-distribulion. The Claims Administrator may make further' re-distributions of balances remaining in the Net Settlement Fund to such Authorized Claimants to the extent such re*
. distributions are cost-effective. At such time as it is determined that the re-distribution of funds which remain in the Net Settlement . Fund is not cost-effective, Lead Counsel shall contribute the balance to the Investor Protection Trust, a national non-profit oigantzation -whose mission is lo provide independent, objective investor education to allow all Americans to make informed investment decisions, or another non-profit organization that is approved by the Court.
17.
IT ABLE
(HP-Cdmniori'Stock Artificial Inflation For Purposes of Calculating Purchase/Acquisition and Sale Inflation)
(bateRange'J (inflation Per Share)
($0.93) ... fAiigust 19.2011- August'22,2012 (prior to the release of correctiVB infoimatibn))
(August 22, .2012 (after .the release of corrective Information) - November 20, 2012 (prior to the release of) /corrective information)) fNdvernbef^O. 2012 (after the release of corrective information))
($073)
TABLE 2
HP Common Stock Closing Price and Average Closing Price November 20,2012—February 15,2013
Average Closing Price Between November 20, 2012 and Date Shown
Average Closing Price Between November 20, 2012 and Date Shown
i Closing Price . Date Date Closing Price
11/20/2012 1/4/2013 $15.14 $13.78 $11.71 $11.71 $11.83 $13.83 $11.94' 1/7/2013 $15.17 11/21/2012
11/23/2012 $12.44 $12.03 1/8/2013 $15.39 $13.87 $12,21 $15.85 $13.93 11/26/2012 $12.74 1/9/2013
$12.36 $12,24 1/10/2013 $16.28 $14.00 11/27/2012 1/11/2013 $16.16 $12.32 $14.06 11/28/2012- • ,$12.73
• ' 11/29/2012 1/14/2013 $16.95 $12.89 $12.40 $14.14 1/15/2013 $16,53
$17.21 $14.20 $12.48 11/30/2012 $12.99 $14.28 $12.52 1/16/2013 $12.87 12/3/2012
1/17/2013 $17.11 $14.35 $12.62 $13.53 12/4/2012 $13.82 1/18/2013 $12.73 $17.11 $14.42 - 12/5/2012 i
1/22/2013 $17.25 $17.01 $17.01
$14.48 $12,82 $13.63 12/6/2012 $12.91 1/23/2013 $14.54 $13,94 • 12/7/2012 $13,00 . $14,16 1/24/2013 $14.60 12/10/2012
. -.12/11/2012 S16.99 $13.08 1/25/2013 $14.65 •$14,26 1/28/2013 $17.02 $13.17 $14.70 $14.53 12/12/2012
$14.74 $14.50 $13.25 1/29/2013 $16.48 • • 12/-13/2012 1/30/2013 $18.40 $14.78 $13,33 .$14.75 12/14/2012
$13,38 1/31/2013 $16.51 $14.81 $14.21 12/17/2012 $13,44 2/1/2013 $16.46 $14,84 $14.53 12/10/2012
2/4/2013 $16.18 $14.87 $14.38 $13.48 - -12/19/2012 $13.52 2/5/2013 $16.61 $14.90 $14.43 12/20/2012 $13.56 2/6/2013 $16.69 $14,94 12/21/2012 $14.34
2/7/2013 $16.44 $13.58 $14.96 $14.01 . 12/24/2012 2/8/2013 $15.00 $13.60 $16.87
$16.83 $14.12 .12/26/2012
2/11/2013 $15.03 $13.82 12/27/2012 $14.04 $13.62 2/12/2013 $17.10 $15.07 12/28/2012 $13.68 $13.64 2/13/2013 $17.01 $15.10 12/31/2012 - $14.25 $13,69 2/14/2013 $17.03 $15.13 $15.02 1/2/2013 $13.74 2/15/2013 $16.79 $15.16 $15.14 1/3/2013
9 See In. 2 and fn. 4 above for additional eiplanaUons as to aliened artificial inflatbn laveli regarding transaetions which occur after the releese of corrective Intormation on • August 22,2012 or prior to the release of corrective Information en November 20,2012,
12
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 158 of 175
EXHIBIT D-5
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 159 of 175
HWD • Must be Postmarked
No Later Than • .October31, 2015
In re HP Securities Litigation Settlement ; : c/o GCG '
Claims Administrator P.O. Box 10224 -
Dublin, OH 43017-5724 (888) 985-9382
www.HPSecuritiesLitigationSettlement.com B&CE HWD0270742424
. v •: • '<3 '0**3-DIGlT 301
tfS Claim Number: 01622591
Control Number: 1026721172 ||i>l|||>|lill| f||l||l|lli|>u|i|||||l|l||||i|iii||l| | in|>l. | i | |
PROOF OF CLAIM FORM
TO BE ELIGIBLE TO.RECEIVE A DISTRIBUTION FROM THE SETTLEMENT FUND CREATED INTHIS ACTION, YOU. • MUST MAIL YOUR COMPLETED AND SIGNED CLAIM FORM TO THE CLAIMS ADMINISTRATOR POSTMARKED ON OR BEFORE OCTOBER 31, 2015 TO THE ADDRESS SET FORTH AT THE TOP OF THIS PAGE. (•
FAILURE TO SUBMIT^YOUR CLAIM FORM BY THE'DATE,. SPECIFIED: WILL SUBJECT YOGR' CLAIM 'TO- ' REJECTION AND MAf PRECLUDE YOU FROM BEING ELlGiBLE TO RECOVER ANY MONEY IN CONNECTION''' WITH THE'SETTLEMENT. ' ii' r
*££0 NOT MAIL OR DELIVER YOUR CLAIM FORM TO THE COURT, THE PARTIES TO THIS ACTION, OR THEIR v-?"? C« AIM FORM ONLY TO THE CLAIMS ADMINISTRATOR AT-THE-ADDRESS -SJiT
rOR i H ABOVE.
i j I
PAGE# TABLE OF CONTENTS
PART \ - CLAIMANT IDENTIFICATION
3-4 PART II - GENERAL INSTRUCTIONS
PART Iff • SCHEDULE OF TRANSACTIONS IN HP COMMON STOCK. 5
6 PART IV - SUBMISSION TO JURISDICTION OF COURT AND ACKNOWLEDGEMENTS
6 PART V - DEFINITIONS AND RELEASE
PART VI - REPRESENTATIONS
REMINDER CHECKLIST 8
-Important - This form should be completed IN CAPITAL LETTERS using BLACK or DARK BLUE'bBltpoint/fountain pen. Characters and marks used should be,similar in the style to the'following: ' *. •, '• - ' v"
' :lXrB0DfElF]6liTO
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 160 of 175
• v , . i , ' i i
j*;
- - PART I - CLAIMANT IDENTIFICATJON -« *v i1
Claimant or Reoresehtative Contact Information: . • ' . • 1 .
-TNe Claims Administrator will use this informalion for ail communications relevant to this CJaim (including the check, if eligible for payment). If this information changes, vou MUST notify the Claims Administrator in writing at the address above. - ' ' '
' Claimant Narrie(s) (as you would like the name(s} to appear on the check, if eligible for payment): . ' i .'
M I I I 1 1 1 1 1 1 1 nm , 1 — S W » Street Address: , ,
Last 4 digits of Claimant SSN/TIN: City:
AccountNumber: mrn »! * '
• !' State:,'-Zip Code: . .Country (if Other than U.S.):
•LO . Name of the Person you would like the.Ctaims Administrator to Contact Regarding This.Claim (if different from the .
Claimant'Na'me(s) listed above:): ; . - . - - . * ' - - v -
—rf-
Evening telephone Number: .Daytime Telephone Number:
-mm •' ,, rEmail Address ,, (Emiall adrfress Is rwt rwjulrBd, but (Iyou provide H you authoriiB the Clalms'AdmlnlstTatorto use H in pfovidlrig you with Informatiart rejavant to this claim.)
/ »
' • *Us
NOTICE REGARDING ELECTRONIC FILES: Certain claimants with large numbers'of transactions' rriayVequ'e'st to; or may be requested to, submit information regarding their transactions in electronic files. To obtain the mandatory electronic filing and file layout, please visit the Settlement website at www.HPSecuritjesLitigationSettlement'com or you may e-mail the Claims Administrator's electronic filing department at eClaimfSoardencitvQroup.com. Any file not in accordance with the required electronic filing format will be subject to rejection. No electronic files will be{ considered (o have been properly submitted unless the Claims Administrator 'issues an email after processing your file with' your claim numbers and respective account' information. Do not assume'5 that your file has'been received or processed until you receive this email. If you'do not receive such an email within 10 days of your submission, you should contact the electronic filing department at [email protected] to inquire about your fife and confirm it was received and acceptable.
, i' \ • r J . y k ± «
To .view Garden City Group, LLC's Privacy Notice, please visit http://www.gardencitygroup.com/pfivacy 'The last four digits of the taxpayer identification number (TIN), consisting of a valid Social Security Number (SSN) for individuals or Employer Identification '| m Number (EIN) for business entities, trusts, estates, etc., and telephone number of the beneficial owners) may be used in verifying this claim.
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 161 of 175
3
• - PART II - GENERAL INSTRUCTIONS
' To recover as'a membef'of the Settieme'nt Class'based on'ybiir claim in the'action" entitled In re HP Securities •Litigation, No. 3:12-cv-05980-CRB (the -Action"), you must complete this Proof of Claim.Form ("Claim Form"),./If you fail to submit
' a Claim Form by the deadline, your claim may be rejected and you may be precluded fro'm "any recovery from the Settlement Fund ' created in connection with the proposed settlement of the Action ("Settlement"), as set forth in the Stipulation of Settlement and
Release dated June 8, 2015 ("Stipulation"). .
" " A.
Submission of this Claim Form, however, does not ensure that you will share in the proceeds of the Settlement P g
Fund created in this Action.
TO BE ELIGIBLE TO RECEIVE A DISTRIBUTION FROM THE SETTLEMENT FUND CREATED IN THIS ACTION, YOU MUST MAIL YOUR COMPLETED AND SIGNED CLAIM FORM TO THE CLAIMS ADMINISTRATOR POSTMARKED ON OR BEFORE OCTOBER 31, 2015, ADDRESSED AS FOLLOWS:
In re HP Securities Litigation Settlement do GCG
Claim Administrator P.O. Box 10224
Dublin, OH 43017-5724
If you are NOT a member, of the Settlement Class, as defined in the Notice of Pendency of Class Action and j Proposed Settlement, Settlement Fairness Hearing and Motion for Attorneys' Fees and Reimbursement of Litigation' Expenses J (the "Notice"), then DO NOT submit a Claim Form.
D.
E. If you are a member of the Settlement Class as defined in the Notice and do not timely request exclusion'frdm the Settlement Class, you are bound by the terms of any judgment entered in the Action, WHETHER OR NOT YOU SUBMIT A CLAIM FORM.
^-^INSTRUCTIONSFOR CLAIMANT. IDENTIFfCATION SCHEDULE ...-i . .
A. This Claim Form must be submitted by the beneficial purchaser or acquirer of the publicly traded Hewlett-Packard Company ("HP") common stock upon which this claim is based, or by the authorized legal representative of such purchaser or acquirer. ' '' ' " 1 .! i
L
! B. lfyoupurchasedorotherwiseacquiredpubliclytradedHPcommonstockbetweenAugust19,2011 andNovember 20, 2012;-inclusive (the "SettlementClass Period"), and held-the stock'in your name, you are-the beneficial purchaser or'a'cquir.er
- as well as the record purchaser or acquirer. If, however, the stock was registered in the name of a third party, such as a nominee or brokerage firm, you are the beneficial purchaser or acquirer and the third party is the record purchaser or acquirer. '
c." Use "Part I" of this form'(above) entitled "Claimant Identification" to identify the'beneficial purchaser or acquirer of the HP common stock which forms the basis of this claim. i.
. .. D.' ' Please Note: A separate .Claim Form should be submitted for each separate person or legal entity (e.g., a Claim Form from joint owners should not include separate transactions of just one of the joint owners, and an individual should not combine his'or herJRA transactions with transactions, made sofely in the individual's name). Conversely, a single Claim Form should be submitted on behalf of one legal entity that includes all transactions made, by,thataentity no matter how many, separate accounts that entity has (e.g., a corporation with multiple brokerage accounts should include all transactions in HP common' stock on one Claim Form, no matter how many accounts were associated with the transactions). ' ' '
E. All joint purchasers/acquirers must sign this Claim Form.
F. If you are acting in a representative capacity on behalf of a Settlement Class Member, such as an executor, administrator, guardian, conservator, trustee or other legal representatives, you must complete and sign this Claim Form on behalf of persons or entities so represented. Satisfactory evidence of your authority must accompany this Claim Form and your titles or capacities must be stated. The last four digits of the Social Security (or taxpayer identification) number and telephone number of the beneficial owner may be used in verifying the claim. FaiJure to provide the foregoing information could delay verification of
-your claim or-result-in rejection of your claim. - - •• r," I; - .
* I'4 ..*/• • —_
. ' i . ' . • ? - ' r i' Jv
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 162 of 175
tl
4
PART H - GENERAL INSTRUCTIONS (CONTINUED)
INSTRUCTIONS FOR SCHEDULE OF TRANSACTIONS
Use "Part III" of this form (below) entitled "Schedule of Transactions in HP Common Stock" to supply all required details of your transactions) in and holdings of HP common stock. If you need more space, attach separate sheets giving alt of the required information in substantially the same form. Sign and print or type your name on each additional sheet.
A.
Please provide all of the requested Information with respect to all of your purchases, acquisitions and sales of HP common stock, regardless of whether such transactions resulted in a profit or a loss. Failure to report all such transactions may result in the rejection of your claim. Please note: only HP common stock purchased or otherwise acquired during the Settlement Class Period (i.e., the period between August 19, 2011 and-November-20, 2012, inclusive) is eligible to potentially recover under the Settlement. However, because information regarding your sales of HP common stock during the period from November 21, 2012 to February 15, 2013, inclusive (the "90-day look back period"), will be used for purposes of calculating your
' Recognized Claim under the Plan of Allocation contained in the Notice, information with respect to your purchases and acquisitions of HP common stock during that period as well as your holdings of HP common stock at the close of trading on February 15,2013 is needed in order to balance your claim. While your purchases and acquisitions during the 90-day look back period will not be
: used for purposes of calculating your Recognized Claim pursuant to the Plan of Allocation, the information is necessary in order to process your claim.
B.
' C. List each transaction separately and in chronological order by trade date, beginning with the earliest. You must . accurately provide the month, day, and year of each transaction you list.
D. • Copies of documents evidencing your transactions in and holdings of HP common stock (such as broker • confirmations) must be attached to your Claim Form. Failure to provide this documentation could delay verification of your claim or result in rejection of your claim.
The. above requests are designed to provide the minimum amount of information necessary to process the simplest tbim^: Tne:Claims Administrator may request additional information as required to efficiently and reliably calculate your losses. If the Claims Administrator cannot perform the calculation accurately or at a reasonable cost to the Settlement Class with the information provided, the Claims Administrator may condition acceptance of the claim upon the production of additional information and/or your agreement to pay any increased costs due to the nature and/or scope of your claim. '
E.
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 163 of 175
*5
PART 111 - SCHEDULE OF TRANSACTIONS-IN HP COMMON STOCK
Number .of shares of HP common stock held at the close of BEGINNING HOLDINGS: trading on August 18, 2011. If none, write "zero" or"©":
Shares
PURCHASES/ACQUISITIONS: Purchases or Acquisitions of HP common stock from August 19r 2011 to February 15,-2013, Inclusive (which includes the 90-day look back period)1. (Must be documented.)
Trade Datefs) of PiircfiBse(s)/Acquisition(s)
(List Chronologically Month/Day/Year)
Purchase/Acqulsilion Price Per Share of HP Common Stock
Aggregate Cost (excluding commissions,
taxes and fees) . -
Number of Shares ot HP Common Stock Purchased/Acquired
rrm^i: noMiB Ei {loTR/l cl 6t/[7"F 'r <'1 >! '
EUTEd] nrrTTim nnn-czi
mm.,, mm ••
/ •
oroa .i1
C. ' SALES: Sales of HP common Stock from August 19, 2011 to February 15; 2013, inclusive (which includes the 90-day look back period). (Must be documented.)
^Number^f Shares*' of HP Common
'• Slock Sold '
t fi
(List Chronologically) (Month/Day A'ear) 1
' * ' " 7 T .Sali^Price'Pe'r Share of HP Common
Stock
Amoiinl. Received-(excluding commissions,
taxes and fees)
tT0W00. '; ;-1 nWF •3S3.S0 HMW om.m •mm.
nrmm.m mamn.m
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• .amm:- m ].m UNSOLD HOLDINGS: Number of shares of HP common stock held at the close of trading on February 15, 2013 (the last day of the 90-day look back period). If none, write "zero" or "O". (Must be documented.) •
D. rrrwpi Shares
>: As set forth above, information requested with respect to your purchases and acquisitions of HP common slock between November 21, 2012 and February 15, 2013, inclusive, Is needed in order to balance your claim; purchases and acquisitions during this period, however, are nol eligible to participate in (he Settlement as these purchases and acqulsilions are outside the Settlement Class Period (i.e., August 19, 2011 to November 20, 2012, inclusive) and will not be used for purposes of calculating your Recognized Claim pursuant to the Plan of Allocation.
.. IF YOU NEED ADDITIONAL SPACE-TO LIST YOUR TRANSACTIONS YOU MUST PHOTOCOPY THIS PAGE AND CHECK THIS BOX Q
.IF YOU DO NOt CHECK THIS BOX THESE ADDITIONAL PAGES WILL NOT BE REVIEWED
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 164 of 175
6 YOU MUST READ THE SECTfON ENTITLED "DEFINITIONS AND RELEASE" AND SIGN THE SECTION ENTITLED
"" "REPRESENTATIONS' ON PAGE 7." FAILURE TO SIGN, MAY.RESULT IN A DELAY IN ... i .' PROCESSING pR'tHE REJECTioN OF YOUR CLAIM. : ''
s PART IV - SUBMISSION TO JURISDICTION OF COURT AND ACKNOWLEDGMENTS
1. I (We) submit this Proof of Claim Form under the terms of the Stipulation of-Settlement and Release described in the Notice. I (We) also submit to the jurisdiction of the United States District Court for the Northern District of California with respect to my (our) claim as a Settlement Class Member and for purposes of enforcing the release set forth herein and any Judgment which may be entered in the Action. I (We) further acknowledge that I (we) am (are) bound by and subject to the terms of any Judgment that may be entered in the Action,
2. ' I (We) agree to furnish additional information to the Claims Administrator to support this claim if required to do so.
PART V - DEFINITIONS AND RELEASE
. . 1. , r I (We) hereby acknowledge full,and complete satisfaction of, and dp hereby fully, finally, and forever settle, discharge, and . release all "Settled Claims'' against all "Released Parties," including "Unknown Claims,"^as defined below. ' '
"Settled Claims" means any and all claims, rights, demands, liabilities, suits, matters, issues, debts, obligations, losses and causes of action of every nature and description; whether fixed or contingent, accrued or unaccrued; liquidated or unliquidatedt;at law orin equity, matured or unmatured, class or individual in nature, suspected or unsuspected, concealed or hidden, whether known claims or Unknown Claims (as defined herein), whether arising under federal, state, foreign, or common law, that Lead Plaintiff or any other member of the Settlement Class: (a)'asserted in the Complaints or could have asserted in any forum that arise out of or are based upon the allegations, transactions, facts, matters or occurrences, representations, or omissions involved,-set forth, or referred to in the Complaints aind '(b) that relate to any purchase or acquisition of-HP common stock from August 19, 2011 through November 20, 2012, inclusive. Settled Claims shall not include any claims: (i) that'members of the Settlement Class may have arising solely under ERISA, including without limitation in the'action captioned {n re HP Etf/SA Ut/gat/on, No. C-12-6199 (N.D. Cat.). (i'O that members of the Settlement Class may have solely in a derivative capacity, including without limitation in the action captioned In re HP Shareholder Derivative Litigation, No. C-12-6003 CRB (N.D. CaL), or (iii) to.enforce the terms of the Settlement. For the avoidance of doubt, Settled Claims.shall also exclude any and all claims referenced in paragraph 8 of the Stipulation. '' "
"Released Parties" means collectively, all Defendants and their Related Parties.
"Related Parties" means, (1) with respect to HP, its predecessors, successors, past, present or future parents, subsidiaries, and affiliates (including without limitation Autonomy Corporation Limited, Autonomy Systems Limited, and Autonomy Inc., (coHectively, the "Autonomy Entities")), SpifiCo and its predecessors, successors, past, present or future parents; subsidiaries, and affiliates, and, with respect to HP, SpinCo and the Autonomy Entities, each of their respective past or present officers, directors, agents, partners, principals, members,;, employees, attorneys, advisors, auditors and accountants, insurers and reinsurers, and any firm, trust, corporation, or other entity in which'HP, ' SpinCo or the Autonomy Entities has or had a controlling interest; (2) with respect to the Individual Defendants, their respective spouses, marital community, immediate family members, heirs, successors, executors, estates, administrators, attorneys, accountants, personal representatives,-^ trusts and any other entity'in which any of them has a controlling interest, and as to such entities, each and all of their predecessors, sucdessors, ' past, present or future parents, subsidiaries, affiliates, and each of their respective past or present officers, directors, shareholders, agents, partners, principals, members, employees, attorneys, advisors, trustees, auditors and accountants, insurers and reinsurers.. For the avoidance ~ of doubt, Sushovan Hussain, Qatalysl Partners and Deloitte U.K. LLP shall also be included within the definition of Related Parties, as they were formerly an employee, advisor, or accountant, respectively, affiliated with one or more of the Autonomy Entities.
"Unknown Claims" means any and all Settled Claims which Lead Plaintiff and/or any other. Settlement Class Member does not know or suspect to exist in his, her or its favor at the lime of the release of such claims, and any Released Parties' Claims which the Settling Defendants or any other Released. Party does not know or suspect to exist in his, herorits'favorat thei time of the release of such claim's, which if known by him, her or it might have affected his, her or its decision(s) with respect to the Settlement. With respect to any and at! Settled Claims and Released Parties' Claims, the Settling Parties stipulate and agree that upon the Effective Date, Lead Plaintiff and the Settling Defendants shall expressly waive, and each other Settlement Class Member and each other Released Party shall be deemed tp havevwaived, and.by. .. operation of the Judgment shall have expressly waived, any and all provisions, rights and'benefits conferred by any law of any state or territory • of the United States, or principle of common law, which is similar, comparable, or equivalent to Cal, Civ. Code § 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Lead Plaintiff and Settlement Class Members acknowledge, and by operation of law shall be deemed to have acknowledged, that they may hereafter discover facts in addition to or different from those which, he, she or it now knows or believes to be true with respect to the subject matter of the Settled Claims, but Lead Plaintiff shall expressly, fully, finally and forever settle and release, and each Settlement Class Member, ' upon the Effective Date, shall be deemed to have, and by operation of the Judgment shall have fully, finally, and forever settled and released any and all Settled Claims, whether known or unknown, suspected or unsuspected, concealed or hidden, that now exist, or heretofore existed, or may hereafter exist, and without regard to the subsequent discovery or existence of such different or additional facts. Lead Plaintiff and the Settling Defendants acknowledge, and each other Settlement Class Member and each other Released Party by operation of law shall be
(a)
i?
(b)
(c)
(d)
S*
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 165 of 175
%'
\ 'Ky
PART VJ-,OERINIT10KlS ANP.RELEASE (CONTINUED)" deemed to have acknowledged, that "the inclusion.of^Unknown Clait separately bargained for and was a'key element of the Settlement.
This release shall be of no force or effect unless and until the Court gives final approval to the Settlement and the Effective Date occurs.
PART VI - REPRESENTATIONS
I (We) hereby warrant'and represent that I (we) have not assigned or transferred or purported to assign or transfer, voluntarily or involuntarily, any matter released pursuant to lh)s release or any other part or portion thereof. '
I (We) hereby warrant arid represent that I (we) have included information about afl-of my (our) purchases, acquisitions and sales'transactions in HP common stock which occurred from August 19, 2011 to February 75,2013, inclusive, as well as the number of shares of HP common stock held by me (us) at the close of trading on'August 18, 2011, and the close of trading on February 15, 2013.
... I (We) certify thatj am (we are) not subject to backup withholding under the provisions of Section a406(aj (1} (C) of the Internal Revenue Code.1;
• ' V . i v f ' - ' i • . ' i • , : i • > • i " i • • . • " - • " • ' 1 - • • • '
. .< NOTE: If you have been notified by the Internal Revenue Service that you are subject to backup withholding, please strike, out the language that you are not subject to backup withholding in the certification above.
.. I declare under penalty of perjury under the laws of the State of California and the United States of America that the foregoing information • supplied by, the undereighed is true and correct and thatthis roo^^laipr^orm was • ' ' •" ' l' 1 ' "•
Executed this day of (7 ' Cs , ' ' ' (Month) (Year)
••J'.T'. ^ i *
in • ' (City, State, Country) ' •' •
Signature of Claimant (if this claim is being made on behalf of Joint Claimants, then each must sigh.) JI..~ i . >• y- . »s | > > t J
Print Name of Claimant, . Date ••
• Signature of Joint Claimant,.if any
. Date" Print Name of Joint.Claimant, if any .. .. * • '
If Claimant is other than an individual, oris not the person completing.this form, the following also must be provided: ' • '•
'.!.»• Signature of Person Completing Form •
Print Name of Person Completing Form Date
Capacity of person signing on behalf of claimant, if other than an individual, e;g„ executor, president, trustee, custodian, etc.
i.
&
• )
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 166 of 175
B
REMINDER CHECKLIST
Please sign the Representations section of the Claim Form on Page 7,
If this claim is befng made on behalf of joint claimants, both must sign.
Remember to attach supporting documentation.
Do not send original stock certificates or documentation, These items cannot be returned to you by the Claims Administrator.
4
Please do not highlight or use red pen on any portion of the Claim Form or any supporting documentation,
5.
Keep a copy of your Claim Form and all documents submitted for your records. 6,
The Claims Administralor will acknowledge receipt of your Claim Form by mail, within 60 days. Your claim is not deemed filed until you receive an acknowledgement postcard. If you do not receive an acknowledgement postcard within 60 days, please call the Claims Administrator.
If your address changes in the future, or if this Claim Form was sent to an old or incorrect'address, please send the Claims Administrator written notification of your new address. If you change your name, please inform the Claims Administrator.
• \
the address below or toll-free at (888) 985-9382, or visit www.HPSecuritiesLitigationSettlement.com.
t
THIS CLAfM FORM MUST BE MAILEO/POSTMARKED NO LATER THAN OCTOBER 31, 2015, ADDRESSED AS FOLLOWS:
In re HP Securities Litigation Settlement cJo GCG
Claims Administrator P.O. Box 10224
Dublin, OH 43017-5724
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 167 of 175
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 168 of 175
In re HP Securities Litigation Settlement c/o GCG Claims Administrator P.O. Box 10224 Dublin, OH 43017-5724 (888)985-9382 HWD0294972151
Mailing Date: July 25, 2016 RESPONSE DUE DATE: August 15, 2016 Claim No: 1622591
Eligible Securities/CUSIP: HP Common Stock/428236103
Class Period: 8/19/2011 through 11/20/2012, inclusive
NOTICE OF REJECTION OF YOUR ENTIRE CLAIM
THIS IS THE ONLY NOTICE YOU WILL RECEIVE WITH RESPECT TO THIS CLAIM
Dear Claimants):
We have received and processed the Proof of Claim Form ("Claim Form") that you submitted in connection with the In re HP Securities Litigation Settlement. Based on our review of the Claim Form and documentation you submitted (if any), your Claim has been conditionally rejected in its entirety pursuant to the terms of the Court approved Settlement.
Your Claim may have been rejected for one or more reasons. If you wish to cure your Claim, please review the attached "Rejection Reason^)" document and respond accordingly. Please note the following when responding:
You must include a copy of this notice with any response and reference your Claim Number on all submissions. Your response must be received or postmarked no later than the Response Due Date noted above. If you fail to respond by the Response Due Date, or your response fails to cure the rejection reason(s) identified, your Claim will be rejected in its entirety.
Please take a moment to read What You Need to Know which is enclosed with this notice. If you still have any questions regarding this notice or if you want to confirm the status of your Claim after you submit a response to this notice, please call us toll-free at (888) 985-9382. If you would like to view or download the Settlement Notice (which contains the Plan of Allocation), you may do so on the settlement website at www.hpsecuritieslitigationsettlement.com.
Very truly yours,
Garden City Group, LLC
Claims Administrator
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 169 of 175
Claim No: 1622591
REJECTION RJEASONYS)
1. YOU DID NOT PROVIDE ANY DOCUMENTATION TO SUPPORT YOUR CLAIM.
The Claim referenced on the first page of this notice did not include any documentation to support the Claim.
HOW TO RESOLVE: You can resolve this rejection reason by submitting acceptable documentation to support your Claim to the Claims Administrator by the Response Due Date. All transactions and holding positions must be properly documented. You must submit acceptable documentation supporting all the transactions and holding information called for in Part m of the Claim Form. Acceptable documentation includes securities broker's confirmation slips, month and year-end account statements or similar documentation (handwritten or self-generated documents are not acceptable).
Failure to provide supporting documentation to fully substantiate your transactions and holding positions will likely result in no payment at all.
* * *
If you do not intend to supply additional information/documentation, and you still disagree with the determination, you may request Court review of the determination. To request Court review, you must send a letter to the claims administrator within twenty (20) days of the date of this letter and it must: (1) specifically state that you "request that the Court review the rejection of your claim," (2) state your arguments) for why your claim should be accepted, (3) attach any supporting documents you may have to support your argument, and (4) be signed. Please also include a copy of this letter when requesting Court review of the rejection of your claim. Your claim and its administrative rejection will be presented to the Court for review.
UPON RECEIPT OF SUPPORTING DOCUMENTATION, YOUR CLAIM WILL BE RE-REVIEWED TO DETERMINE WHETHER OR NOT YOUR CLAIM HAS BEEN CURED.
COURT REVIEW MAY BE REQUESTED IF YOU DISAGREE WITH THE DETERMINATION TO REJECT YOUR CLAIM.
AS A REMINDER, THIS IS THE ONLY NOTICE THAT YOU WILL RECEIVE REGARDING THIS REJECTION.
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 170 of 175
What You Need to Know
WHAT IS THE REASON FOR THE REJECTION OF MY CLAIM?
To view ihcreason(s) for the rejection of your Claim, please
review the allachcd "Rejection Rcason{s)" documenl.
AM I REQUIRED TO RESPOND TO THIS NOTICE?
No. If you agree with the delcrminalion that your Claim is
ineligible, and/or you do not wish, or are unable, (o cure the
identified rejection rcason(s), then no further action is required. I
HOW CAN I CURE THE
REJECTION REASON(S)?
Information regarding how to cure the rejection rcason(s) can be found on the attached "Rejection Reason(s)" document under
"How to Resolve." Please do nol re-submil the same supporting documentation that you previously submitted as Ibis has already been deemed insuflicicnt.
IK I CURE THE REJECTION REASON(S) WILL MY CLAIM BE ELIGIBLE FOR PAYMENT?
Your Claim MUST CALCULATE TO A RECOGNIZED LOSS UNDER THE COURT-APPROVED PLAN OF ALLOCATION in order lo be eligible for paymenL Once you have cured your Claim, your Claim will be presented to the
Court for approval if the Claim calculates to a Recognized Loss under the Court-approved Plan of Allocation.
If your response cures some, but not all of the identified
rejection rcason(s), your Claim and Recognized Loss will be calculated using only those eligible transactions which have been substantiated based on your submitted supporting
documentation. If curing a deficiency is on absolute requirement in order for the Clnim to be eligible and there
arc other dencicnctes in the Claim which are cured, your
Claim still will not be eligible, even for "partial acceptance," unless this deficiency is also cured.
WHAT IF MY RESPONSE ONLY
PARTIALLY CURES THE
REJECTION REASON(S)?
i
I
, - I T U
i
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 171 of 175
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Morgan Stanley
CL
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For the Period D
ecember 1
-31, 2
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org
an S
tanley & C
o. LLC (Morgan Stanley), C
lti Investment R
esearch & A
nalysis (CIR
A), 2
nd
Sta
nd
ard
& Poors equity research ratings m
ay be shown for certain securities. All research ratings represent the 'opinions'
of th
e re
sea
rch provider and are not representations or guarantees of perform
ance. Because (h
e a
pplica
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research report contains more com
plete information regarding the analyst's opinions, analysis, and rating, you
should read the entire research report and not infe
r its con
ten
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the
ratin
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here
a p
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pany Is covered by both Morgan Stanley and C
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you can and should view both research reports. C
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s equity research ratings are (1) B
uy, (2) Neutral a
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(3) Sell.
For ease of comparison, M
org
an S
tan
ley a
nd S
tan
da
rd s P
oofs equity research ratings have been normalized to a 1 (B
uy), 2 (H
old), and 3 (Sell). P
lease refer to the quarter m
onth-end statement (or your first sta
tem
ent, if yo
u have not yet received a statem
ent at th
e q
uarte
r-end) for a sum
mary guide describing M
organ Stanley. CIRA and Standard &
Poor's ratings. Morgan Stanley
Smith B
arney LLC does not take resp
onsib
ility for, and does n
ot g
uara
nte
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e a
ccura
cy, completeness, or tim
eliness of research prepared for Standard & P
oors.
Quantity
Unrealized
Gainftloss)
Estim
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ividend A
nnual Income
Yield %
Security D
escriplion T
otal Cost
Unit C
ost T
rade Date
Market V
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7) LT
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ating: 11/4/11
in Stanley: 2, C
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Page 6 of 22
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 172 of 175
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Morgan Stanley
Page 9 of 1
2
CL
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For the P
eriod October 1-31, 2014
^ B
asi^Secu
rit'es Account;
Ac'eoUnt^fei^il^-V '^
;^
='
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Estim
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Unrealized
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H^S
Yield %
;»t V
alue Tfiti
100.0%
TOTAL MARKET VALUE
TOTA
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(includes accrued interest) 1 - This inform
ation reflects your requested adjustments to the transaction details.
Unrealized 69ln/(Loss) totals only reflect positions that have cost basis and/or m
arket value information available. C
ash, MM
F, Deposits and positions stating 'P
lease Provide'are not included.
AC
TIVITY
INVESTM
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AC
TIVITY PU
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SES, DIV
IDEN
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7,087.23 200.000
36.6149 A
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TOTA
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IDEN
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TOTA
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ND
RE
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S
Purchase and Sale transactions above m
ay have received an average price execution. Details regarding the actual prices are available upon request.
TAXABLE INCO
ME A
ND
DISTRIBU
TION
S C
redlls/fDeblH
l
(Period 10/01.10/31)
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 173 of 175
8/2/2016
To:
Claims Administrator
c/o GCG
P.O. Box 10224
Dublin, Ohio 43017-5724
In re HP Securities Litigation Settlement Claim No 1622591
I request that the Court review the rejection of my claim.
I am attaching copies of my Client Statement Account Detail from Morgan Stanley for the Period December 1-31, December 2012, Showing purchase of Two Hundred (200) shares of Hewlett Packard (HPQ.) common stock on 11/4/11. Also my Client Statement Account Detail from Morgan Stanley for the Period October 1-31, 2014 showing the sale of these same Two Hundred (200) shares of Hewlett Packard (HPQ) common stock on 10/7/2014.
I believe that the purchase date of these shares falls within the period of the HP Securities Litigation Settlement for this case {Eligible Securities/CUSIP: HP Common Stock/428236103-Class Period:8/l9/2011 through 11/20/2012, inclusive.
If I need to supply any other documentation, please contact me.
Thank you for your consideration
Sincerely:
attachments
Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 174 of 175
••VJ.
g-rH3A3M03
Claim
s Adm
inistrator c/o
GC
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P.O. B
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ublin, Ohio 43017-5724
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Case 3:12-cv-05980-CRB Document 283-4 Filed 07/07/17 Page 175 of 175