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BOBBITT v AETNA REAL ESTATE ASSOCIATES Click to find out why . . .



Keywords & Phrases
CaseNo: C.A. No. 15,386, CourtCode: CC, CourtName: IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE, Plaintiff: BOBBITT, State: DE Delaware, UniqueCaseRef: DE>CC>00015386, Partnership, Settlement, Stipulation, Agreement, Real Estate, Investment Portfolio Fee, Parties, Aetna Real Estate, Limited Partners, Scheduling Order, Pursuant, Class Counsel, Representative Plaintiffs, General Partners, Class Members, Square Feet, Aetna/area Corporation, Proposed Settlement, Delaware, Net Asset, Provisions, Settlement Hearing, Distribution, Successors, Partnership Properties, Partnership Agreement, Reduction, Buildings, Thomas Estes, Settled Claims, Compromise , ContentID: 120239631

Case Documents
1 1999-05-19 ORDER AND FINAL JUDGMENT OF DISMISSAL
[ see first page and extracted highlights below  ] ItemID: 100478
6 pages
PDF
2 1999-04-14 OBJECTION TO PROPOSED SETTLEMENT
[ see first page and extracted highlights below  ] ItemID: 100143
3 pages
PDF
3 1999-03-15 SETTLEMENT
[ see first page and extracted highlights below  ] ItemID: 100144
33 pages
PDF
4 1999-03 V. AETNA REAL ESTATE ASSOC. NOTICE OF SETTLEMENT
[ see first page and extracted highlights below  ] ItemID: 100145
32 pages
PDF
Total Documents: 4 documents , 74 pages
Price: $ 34.95


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1 . ORDER AND FINAL JUDGMENT OF DISMISSAL

EXTRACTED KEY WORDS
COURT
STIPULATION
HEREBY
PARTIES
MEMBERS
PLAINTIFFS
REPRESENTATIVES
ATTORNEYS
CHANCERY RULES
JUDGEMENT
SCHEDULING ORDER
THEREIN
COUNSEL
DEFENDANTS
PURSUANT
DETERMINATION
ADEQUATE
PARTNERSHIP
CLAIMS ASSERTED THEREIN
EXCLUDING
SUCCESSORS
EVIDENCE
ADMISSION
FEES
ADMINISTRATORS
ENFORCEMENT
JURISDICTION
SETTLEMENT HEARING
ACCORDANCE
      IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
                     IN AND FOR NEW CASTLE COUNTY

---___-_____--____-----------------               X
LARRY L. BOBBITT,

                             Plaintiff,                    Civil Action Np
                                                           15386-NC  J
              V.

AETNA REAL ESTATE ASSOCIATES, L.P.,
AREA GP CORPORATION and
AETNA/AREA CORPORATION,

                             Defendants.
--____--___-________--------------- X

THOMAS ESTES,

                             Plaintiff,                    Civil Action No.
                                                           15393-NC                    -
              V.

AETNA REAL ESTATE ASSOCIATES, L.P.,                                                         . .
AREA GP CORPORATION and                                                                     .:
AETNA/AREA CORPORATION,                                                        I.,


                             Defendants.

--___---___----___-_---------------              X

              ORDER AND FINAL JUDGMENT OF DISMISSAL



       The Stipulation and Agreement of Compromise, Settlement and Release, dated

March 15, 1999 (the "Stipulation"), of the above-captioned actions (the "Actions"),



having been presented at the Settlement hearing on May 19, 1999, pursuant to the

 scheduling order for Approval of Settlement of Class Actions entered herein on March

 16, 1999 (the "Scheduling Order"), which Stipulation was joined and consented to by

all parties to the Actions and which (along with the defined terms therein) is incorpo-
SNIPPETS:
  • IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
  • Defendants.
  • ORDER AND FINAL JUDGMENT OF DISMISSAL
  • The Stipulation and Agreement of Compromise, Settlement and Release, dated
  • scheduling order for Approval of Settlement of Class Actions entered herein on March
  • all parties to the Actions and which (along with the defined terms therein) is incorporated
  • the attorneys for the respective parties having been heard in support of the Stipulation
  • IT IS HEREBY ORDERED, ADJUDGED AND DECREED, this
  • Determination, Proposed Settlement of Class Actions, Settlement Hearing and Right to
  • Appear has been given to the Class, pursuant to and in the
  • all members of the Class are bound by the Order and Final Judgment herein.
  • Class, the claims of the Plaintiffs are typical of the claims of the Class, the
  • The Court finds that Representative Plaintiffs and their counsel
  • The Court finds that the requirements of Court of Chancery Rules
  • each person who is aLimited Partner of the Partnership as of March 16,1999, excluding
  • Representatives and their respective counsel are certified as Class Counsel.
  • The Settlement is found to be fair, reasonable and adequate and in the
  • accordance with its terms and provisions; and the Register in Chancery is directed to
  • admission by any part herein that any acts of wrongdoing have been committed by any
  • The Actions and all claims asserted therein are dismissed with prejudice
  • and on the merits as to the Partnership, theRepresentativePfaintiffs and the Class, each
  • Members and the Class, either directly or indirectly, and their predecessors, successors,
  • agents, representatives, attorneys and affiliates and their heirs, executors, administrators,
  • enjoined from the assertion, institution, maintenance, prosecution or enforcement
  • or any other jurisdiction.
  • evidence of, the validity of any Settled Claims, or of any wrongdoing or liability of the
  • Plaintiffs' attorneys are hereby awarded fees and expenses in the amount of$& /ss, 7sz $fj in

  • 2 . OBJECTION TO PROPOSED SETTLEMENT

    EXTRACTED KEY WORDS
    DELAWARE
    PROPOSED SETTLEMENT
    ATTORNEY
    ESQS
    ILMINGTON
    SWORN
    YORK
    TIKELLIS
    LLP
    RODMEY SQUARE
    DEPOSITING
    COUNTY
    REASONS
    UNDERSTANDING
    BASIS
    REQUESTING
    OPINION
    INDIVIDUAL UNIT HOLDER
    CENTS
    LAWSUIT
    WORTH
    MUMBO JUMBO
    IMAGINE
    LAY
    ENCOUNTER
    LAWS
    PERMIT
    CONCISE INFORMATION
    AVOID MAKING INVESTMENTS
    
    The Court of Chancery of the
           State of Delaware, New Castle County
    
    
                               Re:  Bobbitt v. Aetna
                                      Civ.  #15386-NC
                                    Estes v.`
                                               x                                                 ri:
                                      Civ.  #`l5393-NC                      . ._ .                r'
                                                                                      i
                                                                            1..  _                @>
                                                                               t' .
                                                                               -J,,,.              -`-
           OBJECTIONS TO PROPOSED SETTLEMENT                                   HQ .-:i.                
                                                                               @.-:                    
                                                                                -3;;"                  
                                                                                -9                     
                                                                                           cl
           I, Alex A. Bohm, hereby object to the terms of the proposed
    settlement of the above entitled class actions.
    
    The reasons for my objections are that the notice of the  pendency  of said
    action and of the proposed settlement of these actions do not furnish
    sufficient information in plain language to afford investors a reasonable
    opportunity to make an intelligent decision.
    
          The ten page notice received by the undersigned on April 6, 1999 was
    the first notice that any class action has been commenced which presumed
    to include me as a class member. This notice did not inform the investors of
    the nature of the claim against the partnership, the amounts involved, the
    basis for the claim and does not identify the individuals who allegedly have
    violated the rights of the class. Nor did this notice translate the damages
    and costs on a per share basis. This, after all, is the only meaningful
    information that investors can use, since the notice does not apprise us of
    the number of units that share the loss or expense.
    
    While there is an indication that approximately  $.20 per unit distribution will
    be made by April 15, 1999, we have no idea what affect the settlement will
    have on the value of our investment. More significantly, the attorneys for
    the class who are requesting a  $2,000,000 fee have not favored us with
    their opinion as to how the proposed settlement will affect the individual unit
    holder. What is the dollar and cents value of our per unit investment before
    this lawsuit was brought and how much is it worth now, after the proposed
    settlement.
    
           If I as an attorney have difficulty understanding the mumbo jumbo of
    this ten page notice, then just imagine the difficulty that lay persons must
    
    
    
    SNIPPETS:
  • The Court of Chancery of the State of Delaware, New Castle County
  • The reasons for my objections are that the notice of the pendency of said action and of the
  • This notice did not inform the investors of the nature of the claim against the partnership,
  • More significantly, the attorneys for the class who are requesting a $2,000,000 fee have not
  • What is the dollar and cents value of our per unit investment before this lawsuit was brought
  • If I as an attorney have difficulty understanding the mumbo jumbo of this ten page notice,
  • encounter.
  • I fully realize that by investing in a Delaware company, we take our changes and we may
  • However, if these are arbitrarily applied and permit the settlement of claims like this
  • being duly sworn deposes and says:
  • Chimicles & Tikellis, LLP
  • One Rodmey Square
  • W ilmington, Delaware 19899-0636
  • Prickett, Jones, Elliott & Kristol, Esqs.
  • Being the address designated by said attorney for that purpose by depositing the same in a
  • U.S. Postal Service within the State of New York

  • 3 . SETTLEMENT

    EXTRACTED KEY WORDS
    SETTLEMENT
    STIPULATION
    AGREEMENT
    COURT
    PLAINTIFFS
    PARTIES
    PURSUANT
    REAL ESTATE
    DEFENDANTS
    INVESTMENT PORTFOLIO FEE
    LAW
    AETNA REAL ESTATE
    ATTORNEYS
    GENERAL PARTNERS
    CLASS COUNSEL
    REPRESENTATIVE PLAINTIFFS
    CLASS MEMBERS
    AETNA/AREA CORPORATION
    SQUARE FEET
    NET ASSET
    DISTRIBUTION
    PARTNERSHIP PROPERTIES
    BUILDINGS
    SETTLED CLAIMS
    COMPROMISE
    REDUCTION
    ACRE SITE
    PROVISIONS
    MARKETING PLAN
    
         IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
                      IN AND FOR NEW CASTLE COUNTY
    
    
    __________-______----------------
    LARRY L. BOBBITT,
    
                           Plaintiff,
    
               V.
    
    AETNA REAL ESTATE ASSOCIATES, L.P.,
    AREA GP CORPORATION and
    AETNA/AREA CORPORATION,                                                      ,.
    
                                                                     ,.. ,       `. "
                           Defendants.                                   - L.
    _--_--_----___------------------- --
    
    THOMAS ESTES,
    
                           Plaintiff,            Civil Action No.
                                                 15393 NC
               V.
    
    AETNA REAL ESTATE ASSOCIATES, L.P.,
    AREA GP CORPORATION and
    AETNA/AREA CORPORATION,
    
                           Defendants.
    
    __--__-_____--_____----------------     X
    
    
    
    
                     STIPULATION AND AGREEMENT OF
               COMPROMISE, SETTLEMENT AND RELEASE
    
    
    
                         STIPULATION AND AGREEMENT OF
                    COMPROMISE, SETTLEMENT AND RELEASE
    
                    The parties to the above-captioned actions (the "Actions"), by and
    
    through their attorneys, have entered into the following Stipulation and Agreement of
    
    Compromise, Settlement and Release (the "Stipulation" or the "Settlement") subject
    
    SNIPPETS:
  • IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
  • AETNA REAL ESTATE ASSOCIATES, L.P.,
  • STIPULATION AND AGREEMENT OF COMPROMISE, SETTLEMENT AND RELEASE
  • The parties to the above-captioned actions,
  • partnership organized on September 11, 1986 under the laws of the State of Delaware
  • Partnership are Aetna/AREA Corporation,
  • The Partnership Agreement provided that the Partnership will terminate on December 3 1,
  • located on a 25.8 acre site in Centerville,
  • square feet of net rentable space.
  • The first and largest building is an industrial distribution
  • The three other buildings are
  • Investment Portfolio Fee
  • the General Partners did not receive front-end fees paid by the
  • Section 6.6 further provides for a reduction of the Investment
  • Investment Portfolio Fee equal to the sum of.375% of that portion of Net Asset Value as of
  • Partnership Properties have been reduced from their initial levels.
  • behalf of all persons (excluding defendants and their affiliates) holding Units at the
  • Since the filing of the Actions, Class Counsel (as defined in Paragraph
  • study of legal principles applicable to plaintiffs' claims and has conducted extensive
  • Representative Plaintiffs in the litigation: Nicholas E. Chimicles and Pamela S.
  • leave to appeal pertaining solely to Class Counsel's application for attorneys' fees,
  • Plaintiffs, each of the Class Members and the Partnership, on behalf of themselves
  • "Unknown Claims" means any Settled Claims released
  • and all similar provisions of the laws of any other states.
  • The General Partners will institute a marketing plan (as

  • 4 . V. AETNA REAL ESTATE ASSOC. NOTICE OF SETTLEMENT

    EXTRACTED KEY WORDS
    SETTLEMENT
    PARTNERS
    COURT
    LIMITED PARTNERS
    DEFENDANTS
    SCHEDULING ORDER
    INVESTMENT PORTFOLIO FEE
    REAL ESTATE
    AETNA REAL ESTATE
    PROPOSED SETTLEMENT
    SETTLEMENT HEARING
    DELAWARE
    CLASS COUNSEL
    PARTNERSHIP AGREEMENT
    PROVISIONS
    SUCCESSORS
    REPRESENTATIVE PLAINTIFFS
    GENERAL PARTNERS
    SQUARE FEET
    CLASS MEMBERS
    AETNA/AREA CORPORATION
    THOMAS ESTES
    NET ASSET
    DISTRIBUTION
    REDUCTION
    PARTNERSHIP PROPERTIES
    CLASS ACTION DETERMINATION
    STIPULATION
    BUILDINGS
    
         IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
                     IN AND FOR NEW CASTLE COUNTY
    
    
    -----------------------------------x
    LARRY L. BOBBITT,
    
                          Plaintiff,                            .
    
               V
    
    AETNA REAL ESTATE ASSOCIATES, L.P.,
    AREA GP CORPORATION and
    AETNA/AREA CORPORATION,
    
                          Defendants.
    -----------------------------------x
    
    THOMAS ESTES,
    
                          Plaintiff,             Civil Action No.
                                                 15393 NC
               V.
    
    AETNA REAL ESTATE ASSOCIATES, L.P.,     :
    AREA GP CORPORATION and
    AETNA/AREA CORPORATION,
    
                          Defendants. :
    
    
    
                NOTICE OF PENDENCY OF CLASS ACTIONS,
             PROVISIONAL CLASS ACTION DETERMINATION,
              PROPOSED SETTLEMENT OF CLASS ACTIONS,
             SETTLEMENT HEARING AND RIGHT TO APPEAR
    
    
    
    TO:    All Owners Of Units In Aetna Real Estate Associates, L.P. (the "Partner-
           ship") as of [the Date of the Issuance of the Scheduling Order] (the "Class").
    
    
                  THIS NOTICE RELATES TO A PROPOSED SETTLEMENT OF
    
    UNIT-HOLDERS' CLASS ACTIONS AND THE CLAIMS ASSERTED THEREIN.
    
    THE LIMITED PARTNERS OF AETNA REAL ESTATE ASSOCIATES, L.P. AS
    
    
    SNIPPETS:
  • IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
  • AETNA REAL ESTATE ASSOCIATES, L.P.,
  • AETNA/AREA CORPORATION,
  • Defendants.
  • THOMAS ESTES,
  • NOTICE OF PENDENCY OF CLASS ACTIONS, PROVISIONAL CLASS ACTION DETERMINATION, PROPOSED
  • All Owners Of Units In Aetna Real Estate Associates, L.P. (the "Partnership") as of [the Date
  • THE LIMITED PARTNERS OF AETNA REAL ESTATE ASSOCIATES,
  • SUCCESSORS AND ASSIGNS, ARE ENTITLED TO OBJECT, IF THEY DE-SIRE, TO THE SETTLEMENT OF THE
  • THE COURT APPROVES THE SETTLEMENT,
  • Class Counsel's fee application, the scheduling of a Settlement Hearing, and your rights with
  • Agreement of Compromise Settlement and Release (the "Stipulation"
  • subject to appeal, as defined herein) the Applicable Percentage, as defined in Section 6.6 of
  • used to calculate the Investment Portfolio Fee per quarter,
  • The First Reduction will be effective on
  • the Partnership shall make a special distribution
  • Class Representatives and Class Counsel should be granted;
  • Representative Plaintiffs in the litigation: Nicholas E. Chimicles and Pamela S.
  • (4 "General Partners" means Aetna/AREA Corporation
  • Plaintiffs, each of the Class Members and the Partnership, on behalf of themselves
  • and all similar provisions of the laws of any other states.
  • square feet of net rentable space.
  • Investment Portfolio Fee equal to the sum of.375% of that portion of Net Asset Value as of
  • The three other buildings are
  • Partnership Properties have been reduced from their initial levels.
  •    |