IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
JOSEPH DIETER and JOSEPHINE :
DIETER, MICHAEL STIEFEL, :
RICHARD M. AGHOIAN, and : COPY vm
ROBERT L. DRISCOLL, . OR\G\`ISAL SMATURE
Plaintiffs, .
..
V. .. Consolidated
. Civil Action No. 12025:
PRIME COMPUTER, INC., (n/k/a I
Computervision Corporation), : _
a Delaware corporation, .
RUSSELL E. PLANITZER, DON E. I
ACKERMAN, and PETER M. .. : _. -.
CASTLEMAN, .
Defendants.
NOTICE OF MOTION
TO: Kevin G. Abrams, Esquire
Richards, Layton & Finger
One Rodney Square
Wilmington, Delaware 19899
PLEASE TAKE NOTICE that plaintiffs will present the attached Motion for
Fourth Administrative Order to the Court at the earliest convenience of the Court.
-.-
Bruce E. Jameson
1310 King Street
Wilmington, DE 19801
(302) 888-6500
Attorneys for Plaintiffs
Dated: February 5,1999 and the Class
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
SNIPPETS:
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
PLEASE TAKE NOTICE that plaintiffs will present the attached Motion for
Fourth Administrative Order to the Court at the earliest convenience of the Court.
MOTION FOR FOURTH ADMINISTRATIVE ORDER
Plaintiffs, through Prickett, Jones, Elliott, Kristol & Schnee ("Prickett,
Jones"), counsel for plaintiffs and the Class, hereby move for an order in the form
attached as Exhibit 5.
As of December 31, 1998, the Cash Fund had a balance of $1,229,058.02.
Of the 7,745 mailings that were made in the Initial Distribution, approximately 1,600
Equifax search resulted in new addresses being found for 237 of the class members.
entitled to small amounts of the Settlement consideration.
remaining in the Cash Fund after payment of fees and costs associated with the
expected costs, will be distributed pro rata to the Fiduciary Class members.
REQUEST FOR APPROVAL OF APPRAISAL CLAIM SUBMITTED BY WESTERN FINANCIAL CO.
submitting such forms, Prickett Jones undertook a good faith effort to verify Western
Financial's entitlement to the appraisal consideration.
consideration in exchange for its Prime shares.
Western Financial Co. provided a letter dated November 12, 1998 from Pershing, the
broker through which Western Financial held its Prime shares.
Pershing represented that its records indicate that the Certificate representing
A copy of Mr. Moench's affidavit is attached as Exhibit
As set forth in paragraph 4 of Mr. Moench's affidavit,
Prickett Jones recommends that the Court authorize payment of $104,400 to Western
E. REQUEST FOR REIMBURSEMENT OF ADMINISTRATIVE EXPENSES
payment of $16,161.93 in fees and expenses in connection with the administration of
The time expended included communications with various class members and their
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