UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION. v. Case No Civ - Moreno/Dube

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1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION JAMES P. MORIARTY, et al., on behalf of themselves and all others similarly situated, Plaintiffs, v. Case No Civ - Moreno/Dube NICK MOLINA, BRETT BEVERIDGE, and LET S TALK CELLULAR & WIRELESS, INC., Defendants. TO: NOTICE OF PENDENCY OF CLASS ACTION, HEARING ON PROPOSED SETTLEMENT AND ATTORNEYS FEE PETITION AND RIGHT TO SHARE IN SETTLEMENT FUND ALL PERSONS WHO PURCHASED THE COMMON STOCK OF LET S TALK CELLULAR AND WIRELESS, INC. ( LET S TALK CELLULAR ) BETWEEN NOVEMBER 25, 1997 AND JULY 2, 1998, INCLUSIVE. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. YOUR RIGHTS WILL BE AFFECTED BY PROCEEDINGS IN THIS ACTION. IF YOU ARE A CLASS MEMBER, YOU ULTIMATELY MAY BE ENTITLED TO RECEIVE BENEFITS PURSUANT TO THE PROPOSED SETTLEMENT DESCRIBED HEREIN. CLAIMS DEADLINE: CLAIMANTS MUST SUBMIT PROOFS OF CLAIM, ON THE FORM ACCOMPANYING THIS NOTICE, POSTMARKED ON OR BEFORE JUNE 20, EXCLUSION DEADLINE: REQUESTS FOR EXCLUSION MUST BE SUBMITTED POSTMARKED ON OR BEFORE APRIL 16, SECURITIES BROKERS AND OTHER NOMINEES: PLEASE SEE INSTRUCTIONS IN PARAGRAPH 54 OF THIS NOTICE. SUMMARY OF SETTLEMENT AND RELATED MATTERS A. Purpose of this Notice 1. This Notice is given pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the Court dated February 10, The purpose of this Notice is to inform you that this Action and the proposed Settlement will affect all Class Members rights. This Notice describes rights you may have under the proposed Settlement and what steps you may take in relation to this Action. This Notice is not an expression of any opinion by the Court as to the merits of any claims or any defenses asserted by any party in this Action, or the fairness or adequacy of the proposed Settlement.

2 B. Statement of Plaintiff Recovery 2. Pursuant to the Settlement described herein, a Settlement Fund consisting of $2,800,000 in cash, plus interest which has been accruing since July 14, 2000, has been established. Plaintiffs estimate that there were approximately 4.7 million shares of Let s Talk Cellular common stock traded during the Class Period which may have been damaged as a result of the alleged wrongdoing described below. Plaintiffs estimate that the average recovery per damaged share of Let s Talk Cellular common stock under the Settlement is $0.60 per damaged share before deduction of Court-awarded attorneys fees and expenses. Depending on a number of factors including the number of damaged shares for which claims are submitted, the amount of interest that has accrued on the Settlement Fund, when during the Class Period a Class Member purchased his or her shares of Let s Talk Cellular common shares, and whether those shares were held at the end of the Class Period or sold during the Class Period, and if sold, when they were sold, an individual Class Member may receive more or less than this average amount. 3. Under the relevant securities laws, a claimant s recoverable damages are limited to the losses attributable to the alleged fraud. For purposes of the Settlement herein, a Class Member s distribution from the Net Settlement Fund will be governed by the proposed Plan of Allocation described below in 35 through 41, or such other Plan of Allocation as may be approved by the Court. 4. A detailed explanation of how each Class Member s claim will be calculated is set forth in the Plaintiffs proposed Plan of Allocation, 35(a) through (c), of this Notice. C. Statement of Potential Outcome of Case 5. The parties disagreed on both liability and damages and do not agree on the average amount of damages per share that would be recoverable if Plaintiffs were to have prevailed on each claim alleged. The issues on which the parties disagree include (a) the appropriate economic model for determining the amount by which Let s Talk Cellular s common stock was allegedly artificially inflated (if at all) during the Class Period; (b) the amount by which Let s Talk Cellular s common stock was allegedly artificially inflated (if at all) during the Class Period; (c) the effect of various market forces influencing the trading price of Let s Talk Cellular s common stock at various times during the Class Period; (d) the extent to which external factors, such as general market and industry conditions, influenced the trading price of Let s Talk Cellular s common stock at various times during the Class Period; (e) the extent to which the various matters that Plaintiffs alleged were materially false or misleading influenced (if at all) the trading price of Let s Talk Cellular s common stock at various times during the Class Period; (f) whether any statements made were materially false or misleading; (g) the extent to which the various allegedly adverse material facts that Plaintiffs alleged were omitted influenced (if at all) the trading price of Let s Talk Cellular s common stock at various times during the Class Period; (h) the extent to which the alleged materially false and misleading statements related to a decline in the price of Let s Talk Cellular common stock; and (i) whether the statements made or facts allegedly omitted, to the extent they were not already dismissed, were material or otherwise actionable under the federal securities laws. 6. Plaintiffs Counsel consider that there was a substantial risk that Plaintiffs and the Class might not have prevailed on all or any their claims and that there were risks that the decline in the price of Let s Talk Cellular s common stock could be attributed, in whole or in part, to other factors. Therefore, Plaintiffs could have recovered nothing or substantially less than this amount. 7. For example, at the time the agreement in principle to settle the Action was reached, Let s Talk Cellular was approaching bankruptcy, had severe financial constraints and was delisted from trading on the Nasdaq market system. On May 30, 2000, Let s Talk Cellular filed for protection under Chapter 11 of the Bankruptcy Code in the matter styled In re Telephone Warehouse, Inc., Chapter 11, Case Nos through (MFW), in the United States Bankruptcy Court for the District of Delaware ( the Bankruptcy and the Bankruptcy Court, respectively). The Bankruptcy Court confirmed the Plan of Reorganization on April 18, 2001, establishing the Let s Talk Cellular Trust as the successor to the debtor. Let s Talk Cellular Trust is not 2

3 a party to this Action and is not a party to this Settlement. As part of the Settlement, all claims will be dismissed against Let s Talk Cellular. In addition, the Court had previously dismissed many of the allegations in Plaintiffs complaint. 8. Defendants Nick Molina and Brett Beveridge (the Defendants ) deny that they are liable to the Plaintiffs or the Class and deny that Plaintiffs or the Class have suffered any damages. D. Statement of Attorneys Fees and Costs Sought 9. Plaintiffs Counsel intend to apply for fees of up to thirty percent (30%) of the Settlement Fund, and for reimbursement of expenses incurred in connection with the prosecution of this Action in an amount up to $ 125,000. If the full amount is awarded by the Court, the fees and expenses would amount to an average of $ 0.21 per estimated damaged share. Plaintiffs Counsel have expended considerable time and effort in the prosecution of this litigation on a contingent fee basis, and have advanced the expenses of the litigation, in the expectation that if they were successful in obtaining a recovery for the Class they would be paid from such recovery. In this type of litigation it is customary for counsel to be awarded a percentage of the common fund recovery as their attorneys fees. E. Further Information 10. Further information regarding the Action and this Notice may be obtained by contacting Plaintiffs Lead Counsel: Mark Levine, Esq., Stull, Stull & Brody, 6 East 45th Street, Suite 500, New York, New York 10017, Telephone (212) F. Reasons for the Settlement 11. The principal reason for the Settlement is the benefit to be provided to the Class now. This benefit must be compared to the risk that no recovery might be achieved in view of the Company s financial condition and bankruptcy filing, the dismissal of some of Plaintiffs allegations by the Court, the possibility that if contested the Court would not have certified this action as a class action, the possibility that plaintiffs and the Class might not have prevailed on their claims after a contested trial and likely appeals, possibly years into the future. In addition, there is a possibility that the jury would believe that the decline in the price of Let s Talk Cellular s stock could be attributed, in whole or in part, to other factors. Therefore, the Class could have recovered nothing or substantially less than the agreed upon amount. If the action were to proceed to trial, there would be a large number of witnesses testifying as to complicated business operations. A number of potential witnesses are no longer with the company. In addition, the issues regarding damages would require extensive use of expert witness testimony. NOTICE OF SETTLEMENT FAIRNESS HEARING 12. NOTICE IS HEREBY GIVEN, pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the Southern District of Florida, Miami Division (the Court ) dated February 10, 2003, that a hearing will be held before the Honorable Federico A. Moreno, 99 N.E. Fourth Street, Room 1061, Courtroom 4, Room 1041, Miami, Florida 33132, at 9:00 a.m., on May 6, 2003 (the Fairness Hearing ) to determine whether a proposed settlement (the Settlement ) of the abovecaptioned action (the Action ) as set forth in the Stipulation and Agreement of Settlement dated January 31, 2003 (the Stipulation ), is fair, reasonable and adequate and to consider the proposed Plan of Allocation for the Settlement proceeds and the application of Plaintiffs Counsel for attorneys fees and reimbursement of expenses. 13. The Court, by Preliminary Order In Connection With Settlement Proceedings, dated February 10, 2003, has certified for settlement purposes only a Plaintiff Class consisting of: all persons who purchased the common stock of Let s Talk Cellular between November 25, 1997 and July 2, 1998, inclusive. Excluded from the Class are Defendants and any entity in which any Defendant has a controlling interest, the legal rep- 3

4 resentatives, heirs, successors, assigns, affiliates, or agents of any Defendant, non-defendant officers and directors of Let s Talk Cellular & Wireless, Inc., employees of Let s Talk Cellular & Wireless, Inc., and members of the immediate family of Defendants. BACKGROUND OF THE LITIGATION 14. Throughout the Class Period, Let s Talk Cellular operated as an independent specialty retailer of cellular and wireless products. On November 25, 1997, the first day of the Class Period, Let s Talk Cellular commenced an Initial Public Offering ( IPO ) of 2.3 million shares at $12.00 per share, pursuant to a Registration Statement and Prospectus filed with the SEC. On July 2, 1998, the end of the Class Period, Let s Talk Cellular issued a press release in which it disclosed that the Company s revenues and earnings for the fourth quarter ended July 31, 1998 would be materially and adversely impacted due to softness in wholesale sales, a weakness in retail sales resulting from a change in incentive pay that hurt sell-through, and higher than anticipated costs due to delays in the integration of previous acquisitions. On July 2, 1998, the price of Let s Talk Cellular common stock fell 53% from $12.875, to close at $5.687 per share on unusually high volume exceeding 3.7 million shares. On July 6, 1998, the first full trading day after the news was disseminated to the market, the price of Let s Talk Cellular common stock closed at $6.50 per share. 15. The Consolidated Amended Class Action Complaint filed in the Action (the Complaint ) alleges, among other things, that Defendants issued false and misleading press releases and other statements regarding Let s Talk Cellular s financial condition during the Class Period as part of a scheme to artificially inflate the value of Let s Talk Cellular s common stock. In addition, the Complaint alleges that the Individual Defendants sold portions of their personal holdings of Let s Talk Cellular common stock at prices artificially inflated by defendants materially false and misleading misstatements and omissions. 16. The Complaint further alleges that Plaintiffs and other Class Members purchased the common stock of Let s Talk Cellular during the Class Period at artificially inflated prices as a result of the Defendants dissemination of false and misleading statements regarding the company s financial results in violation of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder. 17. Defendants filed a motion to dismiss the Complaint asserting, among other things, that Plaintiffs allegations did not satisfy the heightened pleading requirements of Rule 9(b); that any sales transactions and/or accounting violations by Defendants did not constitute indicia of scienter; and that Plaintiffs lacked standing to assert a claim under Section 11. In response, Plaintiffs submitted a memorandum of law in opposition to defendants motion to dismiss the Complaint. The Court, thereafter, by Order dated July 28, 1999, granted in part and denied in part, Defendants motion to dismiss. Plaintiffs motion for class certification was denied without prejudice by Order dated November 15, BACKGROUND TO THE SETTLEMENT 18. The Defendants, Nick Molina and Brett Beveridge, have denied all averments of wrongdoing or liability in the Action and all other accusations of wrongdoing or violations of law. The Stipulation is not and shall not be construed or be deemed to be evidence or an admission or a concession on the part of any of the Defendants of any fault or liability or damages whatsoever, and Defendants do not concede any infirmity in the defenses which they have asserted or intended to assert in the Action. 19. Prior to entering into the Settlement Agreement, Plaintiffs Counsel conducted an independent investigation relating to the events and transactions underlying Plaintiffs claims, had commenced pretrial discovery, and conducted an analysis of internal company documents produced by Let s Talk Cellular and Merrill Lynch, the lead underwriter of Let s Talk Cellular s initial public offering. Plaintiffs also conducted depositions of Nick Molina and Brett Beveridge the two named Defendants, founders of Let s Talk Cellular, and President and Chief Executive Officer of Let s Talk Cellular during the Class Period. Plaintiffs Counsel s decision to enter into this Settlement was made with knowledge of the facts and circumstances underlying 4

5 Plaintiffs claims and the strengths and weaknesses of those claims. In determining to settle the Action, they have evaluated the extensive pre-trial investigation and discovery taken in the Action, including consultations with experts in forensic accounting and capital markets, and have taken into account the substantial expense and length of time necessary to prosecute the Action through trial, post-trial motions, and likely appeals, taking into consideration the significant uncertainties in predicting the outcome of this complex litigation. Counsel for Plaintiffs believe that the Settlement described herein confers very substantial benefits upon the Class. Based upon their consideration of all of these factors, Plaintiffs and their counsel have concluded that it is in the best interest of Plaintiffs and the Class to settle the Action on the terms described herein. 20. All of the parties have now agreed to settle all aspects of the Action, subject to approval of the Court. 21. Plaintiffs recognized the uncertainty and the risk of the outcome of any litigation, especially complex litigation such as this, and the difficulties and risks inherent in the trial of such an action. Plaintiffs desired to settle the claims of the Class against Defendants on the terms and conditions described herein which provide substantial benefits to the Class. Plaintiffs Counsel deem such settlement to be fair, reasonable and adequate, and in the best interests of the members of the Class. 22. The Defendants, while continuing to deny all allegations of wrongdoing or liability whatsoever, desired to settle and terminate all existing or potential claims against them, without in any way acknowledging any fault or liability, in part because of the expense and inherent uncertainty of the litigation process. 23. The amount of damages, if any, that Plaintiffs could prove was also a matter of serious dispute, and the Settlement s use of a Recognized Loss formula for distributing the Settlement proceeds does not constitute a finding, admission or concession that provable damages could be measured by the Recognized Loss formula. No determination has been made by the Court as to liability or the amount, if any, of damages suffered by the Class, nor on the proper measure of any such damages. The determination of damages, like the determination of liability, is a complicated and uncertain process, typically involving conflicting expert opinions. During the course of the Action, Defendants, in addition to denying any liability, disputed that Plaintiffs and the Class were damaged by any wrongful conduct on Defendants parts. The Settlement herein is providing an immediate and substantial cash benefit and avoids the risks that liability or damages might not have been proven at trial. 24. THE COURT HAS NOT DETERMINED THE MERITS OF THE PLAINTIFFS CLAIMS OR THE DEFENSES THERETO. THIS NOTICE DOES NOT IMPLY THAT THERE HAS BEEN OR WOULD BE ANY FINDING OF VIOLATION OF THE LAW OR THAT RECOVERY COULD BE HAD IN ANY AMOUNT IF THE ACTION WERE NOT SETTLED. TERMS OF THE SETTLEMENT 25. In full and complete settlement of the claims which have or could have been asserted in this Action, and subject to the terms and conditions of the Settlement Agreement, Defendants have paid into escrow on behalf of Plaintiffs and the Class $2,800,000 (the Cash Settlement Amount ), which has been accruing interest since July 14, Over $3 million is now on deposit in the Settlement Fund Account. 26. Pursuant to the Settlement, and on the Effective Date, Released Plaintiffs shall release Settled Plaintiffs Claims against Released Defendants and Released Defendants shall release Settled Defendants Claims against Released Plaintiffs. Released Plaintiffs and Released Defendants shall forever be enjoined from prosecuting such claims. 27. Released Defendants means the Defendants along with any and all of their heirs, executors, administrators, affiliates, successors and assigns, partners, consultants, advisors, agents, employees, officers, directors, accountants, attorneys and any entity controlled thereby. 28. Released Plaintiffs means each Plaintiff and all Class Members, along with any and all of their heirs, executors, administrators, affiliates, successors and assigns, partners, consultants, advisors, agents, employees, officers, directors, accountants, attorneys and any entity controlled thereby. 5

6 29. Released Parties means the Released Defendants and the Released Plaintiffs, collectively. 30. Settled Claims means collectively the Settled Defendants Claims and the Settled Plaintiffs Claims as those terms are defined below. 31. Settled Defendants Claims shall collectively mean all claims against the Released Plaintiffs by any Defendant arising out of, relating to, or in connection with the institution, prosecution, assertion or resolution of the Action under any state, federal or foreign statute, rule, or common law. Settled Defendants Claims include, without limitation, any and all claims for attorneys fees, costs or disbursements incurred by Defense Counsel or by the Released Defendants or any of them, in connection with or related in any manner to the prosecution of the Action, the Settlement thereof, or the administration of such Settlement. In connection with the Settled Defendants Claims, the Released Defendants acknowledge that they are aware that they may hereafter discover claims presently unknown or unsuspected or facts in addition to or different from those which they now know or believe to be true with respect to the Settled Defendants Claims. Nevertheless, it is the intention of the Released Defendants that such claims are encompassed within the Settled Defendants Claims, and that the release of Settled Defendants Claims shall fully, finally and forever settle and release all such matters, and all claims, known or unknown relating thereto, which exist, hereafter may exist, or might have existed (whether or not previously or currently asserted in any action). 32. Settled Plaintiffs Claims shall collectively mean: (a) All claims, demands, rights, liabilities and causes of action of every nature and description whatsoever, known or unknown (including but not limited to Unknown Claims), asserted or that might have been asserted, including, without limitation, claims for negligence, gross negligence, fraud, negligent misrepresentation, or violations of any state or federal statutes, rules, regulations, or common law, by any Released Plaintiff against the Released Defendants arising out of, relating to, or in connection with, purchases, sales, ownership, transfers or acquisitions by any means, directly or indirectly, of the publicly traded common stock of Let s Talk Cellular during the Class Period, and arising out of or related to any of the acts, omissions, misrepresentations, facts, events, matters, transactions or occurrences alleged or which could have been alleged, contended or asserted in this Action, including but not limited to any claims arising out of, relating to, or in connection with the defense or resolution of the Action under any state, federal, federal, or foreign statute, rule or common law; and (b) Without in any way limiting the scope of the Release, this Release covers, without limitation, any and all claims for attorneys fees, costs or disbursements incurred by Lead Counsel or any other Plaintiffs Counsel, or by the Released Plaintiffs or any of them, in connection with or related in any manner to the Action, the Settlement thereof, or the administration of such Settlement; and (c) In addition, Section 1542 of the Civil Code of the State of California provides that a general release does not extend to claims which a creditor does not know or suspect to exist in his, her, or its favor at the time of executing the release, which if known by him, her, or it must have materially affected his settlement with the debtor. To the extent that, notwithstanding the choice of law provisions in the Settlement Agreement, California or other law may be applicable to Settled Plaintiffs Claims, the Released Plaintiffs hereby agree that the provisions of Section 1542 and all similar federal or state laws, rights, rules, or legal principles of any other jurisdiction which may be applicable herein, are hereby knowingly and voluntarily waived and relinquished by the Released Plaintiffs, and the Released Plaintiffs hereby agree and acknowledge that this is an essential term of this Release. Despite the fact that Released Plaintiffs acknowledge that they may hereafter discover claims presently unknown or suspected or facts in addition to or different from those which they now know or believe to be true with respect to the matters released herein; nevertheless, it is the intention of the Released Plaintiffs in executing this Release fully, finally and forever to settle and release all such matters, and all claims relating thereto, which exist, hereafter may exist, or might have existed (whether or not previously or currently asserted in any action). 6

7 33. If the Settlement is approved by the Court, all claims which have or could have been asserted in the Action will be dismissed on the merits and with prejudice as to all Class Members and all Class Members shall be forever barred from prosecuting any claim relating to the subject matter of this Action as more fully explained below. 34. The Settlement will become effective at such time as Orders entered by the Court approving the Settlement shall become final and not subject to appeal and the Net Settlement Fund is transferred to and received in the account designated by Plaintiffs Lead Counsel (the Effective Date ). PLAN OF ALLOCATION OF SETTLEMENT PROCEEDS AMONG CLASS MEMBERS 35. The $2,800,000 Cash Settlement Amount and the interest earned thereon shall be the Settlement Fund. The Settlement Fund, less all taxes, approved costs, fees and expenses (the Net Settlement Fund ) shall be distributed to members of the Class who submit acceptable Proofs of Claim ( Authorized Claimants ). The Claims Administrator shall determine each Authorized Claimant s pro rata share of the Net Settlement Fund based upon each Authorized Claimant s Recognized Loss calculated as set forth below. 36. An Authorized Claimant s Recognized Loss shall be calculated as follows: (a) With respect to shares of Let s Talk Cellular common stock purchased during the period from November 25, 1997 through and including July 2, 1998, and held through the end of trading on July 2, 1998, Recognized Loss shall mean $7.19 per share, the decline in the closing price of Let s Talk Cellular shares between July 1, 1998 and July 2, (b) With respect to shares of Let s Talk Cellular common stock purchased during the period from November 25, 1997 through and including July 1, 1998, and sold prior to July 2, 1998, Recognized Loss shall mean the lesser of 25% of the difference between (i) the per share amount paid to purchase the Let s Talk Cellular common stock (including commissions and other charges), and (ii) the per share amount (net of commissions) for which such shares were sold on or before July 1, 1998 or $1.81 per share (25% of the decline in closing stock price of Let s Talk Cellular common stock between July 1, 1998 and July 2, 1998). (c) With respect to shares of Let s Talk Cellular common stock purchased during the period from November 25, 1997 through and including July 2, 1998, and sold on July 2, 1998, Recognized Loss shall mean the lesser of the difference between (i) the per share amount paid to purchase the Let s Talk Cellular common stock (including commissions and other charges), and (ii) the per share amount for which such shares were sold (net of commissions) or $7.19 per share (the decline in closing stock price of Let s Talk Cellular common stock between July 1, 1998 and July 2, 1998). 37. The following is applicable to Proofs of Claim and Release Forms filed in this action: (a) FIFO: In processing claims, the first-in, first-out basis ( FIFO ) will be applied to both purchases and sales. (b) Profits and Losses: All profits will be subtracted from all losses to determine the net Recognized Loss of each Authorized Claimant. (c) Short Sales: The date of covering a short sale is deemed to be the date of purchase of Let s Talk Cellular common stock. The date of a short sale is deemed to be the date of sale of Let s Talk Cellular common stock. (d) Purchase/Sale Dates: The date of a purchase or sale of Let s Talk Cellular common stock (securities) is the trade date, and not the settlement date. (e) De Minimis: No payment will be made on any claims where the potential distribution amount is $10.00 or less, but the Authorized Claimant will otherwise be bound by the final judgment entered by the Court. 7

8 (f) Options: Exercises of option contracts will be considered purchases or sales of common stock. The option premiums should be incorporated into the purchase/sale price of the shares of common stock. (g) Electronic Filing: Any claim submitted that contains more than 70 transactions must be filed electronically on (a) a 3 1 2" diskette; (b) a CD-ROM; or (c) ZIP media. The data must be provided in a spreadsheet (MS Excel 4.0) or in ASCII fixed length field text files. For complete filing instructions, please refer to and click on Electronic Filing. (h) Supporting Documentation: You must attach copies of documentation supporting the trading activity listed below in order for your claim to be valid. Use one of the following: brokerage confirmation slips or monthly statements or similar documents. If such documents are not available, you may submit a written statement on the letterhead of, and certified under oath by, your broker or portfolio manager through whom the trading of said securities was effectuated. The documentation must confirm the date of purchase or sale, the quantity purchased or sold, and the purchase and sale price, as well as your ownership on July 2, Each Authorized Claimant shall be allocated a pro rata share of the Net Settlement Fund based on his, her or its Recognized Loss as compared to the total Recognized Losss of all Authorized Claimants. 39. Class Members who do not submit an acceptable Proof of Claim and Release Form will not share in the settlement proceeds. Class Members who do not either submit a request for exclusion or submit an acceptable Proof of Claim and Release Form will nevertheless be bound by the Settlement and the Final Judgment of Dismissal with Prejudice by the Court dismissing this Action and releasing the Settled Claims as against the Released Parties. 40. The Settlement Agreement provides that the Defendants may withdraw from and terminate the Settlement in the event that claimants represent a certain number of shares purchased during the Class Period and exclude themselves from the Class. 41. After the Claims Administrator has made reasonable and diligent efforts to have Class Members 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 by reason of uncashed checks or otherwise, shall be re-distributed to Class Members who have cashed their checks. If, after six months after such re-distribution any funds shall remain in the Net Settlement Fund such balance shall be contributed to non-sectarian, not-for-profit, 501(c)(3) organization(s) designated by Plaintiffs Lead Counsel and not affiliated with Plaintiffs Counsel. THE RIGHTS OF CLASS MEMBERS 42. The Court has certified this Action to proceed as a class action for settlement purposes. If you purchased common stock of Let s Talk Cellular during the period from November 25, 1997 through and including July 2, 1998, unless you are among those expressly excluded as set forth in Paragraph 13 above, then you are a Class Member. Class Members have the following options pursuant to Rule 23 (c) (2) of the Federal Rules of Civil Procedure: (a) If you wish to remain a member of the Class, you may share in the proceeds of the Settlement, provided that you submit an acceptable Proof of Claim and Release Form and have a Recognized Loss. Class Members will be represented by the Plaintiffs and their counsel, unless you enter an appearance through counsel of your own choice at your own expense. You are not required to retain your own counsel, but if you choose to do so, such counsel must file an appearance on your behalf on or before April 23, 2003, and must serve copies of such appearance on the attorneys listed in 50 below. (b) If you do not wish to remain a member of the Class, you may exclude yourself from the Class by following the instructions in 48 below. Persons who exclude themselves from the Class will NOT receive any share of the Settlement proceeds and will not be bound by the Settlement. 8

9 (c) If you object to the Settlement or any of its terms, or to Plaintiffs Counsel s application for fees and expenses, and if you do not exclude yourself from the Class, you may present your objections by following the instructions in 50 below. SUBMISSION AND PROCESSING OF PROOFS OF CLAIM 43. IN ORDER TO BE ELIGIBLE TO RECEIVE ANY DISTRIBUTION FROM THE SETTLEMENT FUND, YOU MUST COMPLETE AND SIGN THE ACCOMPANYING PROOF OF CLAIM AND RELEASE FORM AND SEND IT BY FIRST-CLASS MAIL POSTMARKED ON OR BEFORE JUNE 20, 2003, ADDRESSED TO: Claims Administrator Let s Talk Cellular Securities Litigation c/o Berdon LLP P.O. Box 9014 Jericho, New York IF YOU DO NOT SUBMIT A PROPER PROOF OF CLAIM AND RELEASE FORM, YOU WILL NOT BE ENTITLED TO ANY SHARE OF THE SETTLEMENT FUND. 45. IF YOU ARE A CLASS MEMBER AND YOU DO NOT PROPERLY EXCLUDE YOURSELF FROM THE CLASS, YOU WILL BE BOUND BY THE SETTLEMENT AND THE FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE BY THE COURT DISMISSING THIS ACTION, EVEN IF YOU DO NOT SUBMIT A PROOF OF CLAIM AND RELEASE FORM. IF YOU EXCLUDE YOURSELF FROM THE CLASS, YOU WILL NOT BE BOUND BY THE JUDGMENT BUT YOU WILL NOT BE ENTITLED TO ANY SHARE OF THE SETTLEMENT FUND. 46. All Proof of Claim and Release Forms must be submitted by the date specified in this Notice unless such period is extended by Order of the Court. 47. Each Claimant shall be deemed to have submitted to the jurisdiction of the United States District Court for the Southern District of Florida, Miami Division with respect to his, her or its claim. EXCLUSION FROM THE SETTLEMENT 48. Each Member of the Class shall be bound by all determinations and judgments in this Action concerning the Settlement, whether favorable or unfavorable, unless such person shall mail, by first-class mail, a written request for exclusion from the Class, postmarked no later than April 16, 2003, addressed to: Claims Administrator; Let s Talk Cellular Securities Litigation Exclusions; c/o Berdon LLP; P.O. Box 9014; Jericho, New York No person may exclude himself from the Class after that date. In order to be valid, each such request for exclusion must set forth the name and address of the person or entity requesting exclusion, must state that such person or entity requests exclusion from the Class in the Let s Talk Cellular Securities Litigation, Civil Action No CV-Moreno/Dube and must be signed by such person or entity. Persons and entities requesting exclusion are requested to also provide the following information: their telephone number, the date(s), price(s), and number(s) of shares of all purchases of Let s Talk Cellular common stock during the Class Period and must indicate that the Class Member requests exclusion from the Class. The request for exclusion shall not be effective unless the request for exclusion provides the required information and is made within the time stated above, or the exclusion is otherwise accepted by the Court. 9

10 FAIRNESS HEARING 49. At the Fairness Hearing, the Court will determine whether to finally approve this Settlement and dismiss the Action and the claims of the Class Members. The Court will also determine whether the Plan of Allocation for the Settlement proceeds is fair and reasonable. The Fairness Hearing may be adjourned from time to time by the Court without further written notice to the Class. If the Settlement is approved, the Court will also consider the application of Plaintiffs Counsel for attorneys fees and reimbursement of expenses. 50. At the Fairness Hearing, any Class Member who has not properly submitted a Request for Exclusion from the Class may appear in person or by counsel and be heard to the extent allowed by the Court in opposition to the fairness, reasonableness and adequacy of the Settlement, the Plan of Allocation, or the application for an award of attorneys fees and reimbursement of expenses, provided, however, that in no event shall any person be heard in opposition to the Settlement, the Plan of Allocation, or Plaintiffs Counsel s application for attorneys fees and expenses and in no event shall any paper or brief submitted by any such person be accepted or considered by the Court, unless, on or before April 16, 2003, such person (a) files with the Clerk of the Court notice of such person s intention to appear, showing proof of such person s membership in the Class, and providing a statement that indicates the basis for such opposition, along with any documentation in support of such objection, and (b) simultaneously serves copies of such notice, proof, statement and documentation, together with copies of any other papers or briefs such person files with the Court, in person or by mail upon: Mark Levine, Esq. Wendy S. Leavitt, Esq. STULL, STULL & BRODY STEEL HECTOR & DAVIS LLP 6 East 45th Street, Suite 500 and 200 S. Biscayne Blvd., #4000 New York, NY Miami, Florida (212) (305) Plaintiffs Lead Counsel Defendants Counsel ATTORNEYS FEES AND DISBURSEMENTS 51. At the Fairness Hearing or at such other time as the Court may direct, Plaintiffs Counsel intend to apply to the Court for an award of attorneys fees from the Settlement Fund in an amount not greater than thirty percent (30%) of the Settlement Fund and for reimbursement of their expenses up to a maximum amount of $ 125,000, plus interest at the same rate as earned by the Settlement Fund. Plaintiffs Counsel, without further notice to the Class, will subsequently apply to the Court for fees and expenses incurred to be paid from the Settlement Fund in connection with providing notice, administering, and distributing the Settlement proceeds to the members of the Class. FURTHER INFORMATION 52. For a more detailed statement of the matters involved in this Action, reference is made to the pleadings, to the Stipulation, to the Orders entered by the Court and to the other papers filed in the Action, which may be inspected at the Office of the Clerk of the United States District Court, Southern District of Florida, Miami Division, 301 North Miami Avenue, Miami, Florida 33128, during regular business hours. 53. ALL INQUIRIES CONCERNING THIS NOTICE OR THE PROOF OF CLAIM AND RELEASE FORM BY CLASS MEMBERS SHOULD BE MADE TO THE CLAIMS ADMINISTRATOR, IN WRIT- ING, AT THE ADDRESS INDICATED BELOW. 10

11 SPECIAL NOTICE TO SECURITIES BROKERS AND OTHER NOMINEES 54. If you purchased common stock of Let s Talk Cellular during the period from November 25, 1997 through and including July 2, 1998 for the beneficial interest of a person or organization other than yourself, the Court has directed that, within seven (7) days of your receipt of this Notice, you either (a) provide to the Claims Administrator the name and last-known address of each person or organization for whom or which you purchased such stock during such time period, preferably on computer-generated mailing labels or, if there are more than 2,000, on a 3 1 2" diskette, CD-ROM, or ZIP/JAZ media; or (b) request additional copies of this Notice and the Proof of Claim and Release Form, which will be provided to you free of charge, and within seven days mail the Notice and the Proof of Claim and Release Form directly to the beneficial owners of the securities referred to herein. If you choose to follow alternative procedure (b), the Court has directed that, upon such mailing, you send a statement to the Claims Administrator confirming that the mailing was made as directed. You are entitled to reimbursement from the Settlement Fund of your reasonable expenses actually incurred in connection with the foregoing, including reimbursement of postage expense and the cost of ascertaining the names and addresses of beneficial owners. You will not be entitled to service or handling fees. Those expenses will be paid after submission of appropriate supporting documentation. All communications concerning the foregoing should be addressed to: Claims Administrator Let s Talk Cellular Securities Litigation c/o Berdon LLP P.O. Box 9014 Jericho, NY Telephone: (800) Fax: (516) Website: Dated: Miami, Florida February 18, 2003 By Order of the Court 11

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