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Post by sundog on Mar 2, 2016 12:47:14 GMT
looks like everybody has withdrawn to pms and direct communication. i will still share what i know that could be helpful to others and keep this board alive.i am not a lawyer and could be wrong so do your own dd as well.i have to read all that legaleeze quite a few times just to get the gist of it with my head smoking. You may have more company than you realize. On first look, the judge may not consider a party with contingency fees as the court sets fee per share. Seems there may be a "if your not with us, your a'gin us" mentality arising. Why hold info privy?...you can close the doors to joining your class action when you want, but still be sociable. If I can find relevant info in my DD I'll be happy to share with all. |
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Post by vzveteran on Mar 2, 2016 13:26:25 GMT
looks like everybody has withdrawn to pms and direct communication. i will still share what i know that could be helpful to others and keep this board alive.i am not a lawyer and could be wrong so do your own dd as well.i have to read all that legaleeze quite a few times just to get the gist of it with my head smoking. You may have more company than you realize. On first look, the judge may not consider a party with contingency fees as the court sets fee per share. Seems there may be a "if your not with us, your a'gin us" mentality arising. Why hold info privy?...you can close the doors to joining your class action when you want, but still be sociable. If I can find relevant info in my DD I'll be happy to share with all. No conspiracy here. We need to be careful about publicly disclosing information as it relates to any legal action... I for one will pm people that may want to sign on to any action once things firm up. |
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Post by kukkido on Mar 2, 2016 18:53:52 GMT
Yes vz is correct. This is a public forum and all information here can be used in the court of law. Therefore, all valuation discussions and strategies must be not made public as can be used against ourselves. Please find enclosed the Engagement Letter I have received from the Attorney. We need to start the suit in order to move forward. If you want, just pm me and I can send you my meeting with the attorney. There is nothing earth shattering just reiterating what needed to happen to make sure we did things correctly. I am moving to file the case and others who want to sign on, please do so. It won't do anyone any good to try and hold out for something at this point. Time is of the essence and we need to move forward.
pm me if you have any questions because I need to go into quiet mode concerning Case matters, there is no conspiracy. But we have to be careful as Astellas could be trying to plant a troll. You can pm me for the New Retainer Agreement and I can send it to you or you can contact Eric directly at his office if you have any questions or you can request the New retainer agreement from him. When you pm me, also include your email. Thanks.
Lets get started, the sooner we file the sooner we can settle.
Kukkido
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Post by vzveteran on Mar 2, 2016 20:00:04 GMT
I would suggest anyone that is interested in filing a petition WITH US, to PM Kukkido, and supply your contact info, and sign and return the retainer agreement to Eric asap.
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Post by thechurchmaus on Mar 2, 2016 20:44:38 GMT
i am sorry but the gag order on the agreement bothers me and i think it is unlawful.separating the clients.if i had signed the agreement this post and any email to any of you would brake it?
a contingency lawsuit where the highest expenses( appraisers and experts)are billed to the client directly?
have we shopped around with delaware lawyers?this time pressure seems to try and prevent this.as far as i can see we have no standing in court until our shares are certified which can only happen after the court gets the list from astella/ocata after the time ,60 days/april 10,to file for appraisal expires.each one of us are supposed to get a certified letter stating that.
i am taking my time and if need be shop around.
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Post by vzveteran on Mar 2, 2016 20:52:42 GMT
IT is Just a suggestion, for anyone that is interested in joining us in petitioning.
Please Do what you feel is best according to your individual circumstance!
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Post by kukkido on Mar 3, 2016 9:20:04 GMT
Hey Church,
We are all here trying to get the best for all of us. If you have something, we would all be interested to hearing it. We are like the hand, some of us are fingers and some of us are thumbs. But we are all apart of the same hand. The Gag order was suggested by the attorney and I would have to respect what he says. I tend to give out too much information when I get it. Believe me, if you can find something better or get another attorney to speak to us or corroborate anything the Attorney says. Go for it. But, we feel that the sooner we get this thing to the courts, the sooner we get it to a just and equitable conclusion.
So feel free to give any information you want. The people who join the lawsuit will be asked not to talk about the suit and I agree. Why give the other side anything to use against us. So, those who signed the agreement will have to abide by that rule. We all want to get what we deserve. We appreciate your input always.
Kukkido
I have another conference call with Eric and Nick tomorrow and will keep you informed. We can still chat here on the blog, just be careful what you say. I will ask Eric about what you had said concerning breaking the agreement by chatting here. I'm not going to stop chatting here because we are in a suit. I just can't speak about particulars concerning the suit. Someone had to file the lawsuit and it might as well be us.
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Post by thechurchmaus on Mar 3, 2016 20:22:35 GMT
i would have a few questions for eric.
as he will take his cut of anything over 8.50 how about the 6% interest we get for our money tied up compounded quarterly?
how does that work when at the end the judge determines reasonable lawyers fees and costs to be payed and distributed on a per share basis?
i have checked for lawfirms in the delaware area and his did not come up anywhere.what is his experience in appraisal litigation?
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jak
Junior Member
Pic reflects current mood
Posts: 88 
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Post by jak on Mar 3, 2016 22:45:35 GMT
Churhmaus, if I understand correctly there is a NEW retainer agreement. I have not seen it yet but asked for it from kukkido and directly form Eric. Waiting to see if it is different from the first one I provided.
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Post by sundog on Mar 4, 2016 12:30:33 GMT
Sorry if this question is redundant.
Is the lawyer going to represent a shareholder settlement with Astellas, represent shareholders in Delaware, or both?
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Post by vzveteran on Mar 4, 2016 12:59:34 GMT
Sorry if this question is redundant. Is the lawyer going to represent a shareholder settlement with Astellas, represent shareholders in Delaware, or both? Both |
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jak
Junior Member
Pic reflects current mood
Posts: 88
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Post by jak on Mar 4, 2016 20:43:36 GMT
Hey theChurchmaus, confirmed this is a new retainer agreement with a fee that drops to a lower % as we get over a certain amount of shares represented, so it is a better deal that the original 33% I posted. I emailed Eric and he forwarded me the new agreement. I am signing on.
Cheers,
jak.
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Post by thechurchmaus on Mar 4, 2016 22:49:52 GMT
good luck!i had a long talk today with an experienced lawyer today.he would not represent me as i am too small but recommended for small minority shareholders like myself to stay on the sidelines and let the big guns do the work.as long as the court accepts your eligibility from a list astella has to provide you are part of it but on the sidelines.
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Post by vzveteran on Mar 4, 2016 23:54:12 GMT
good luck!i had a long talk today with an experienced lawyer today.he would not represent me as i am too small but recommended for small minority shareholders like myself to stay on the sidelines and let the big guns do the work.as long as the court accepts your eligibility from a list astella has to provide you are part of it but on the sidelines. As I understand it, You will still have to share the costs. |
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Post by thechurchmaus on Mar 5, 2016 0:06:06 GMT
correct!the average over the years was 23%.
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Post by vzveteran on Mar 5, 2016 0:50:15 GMT
correct!the average over the years was 23%. Lead plaintiffs have more control over the process according to Eric |
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Post by thechurchmaus on Mar 5, 2016 1:10:39 GMT
if the court picks him.
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Post by kukkido on Mar 5, 2016 9:09:49 GMT
Hey Everyone,
It is my intention to not lead from behind, so we have to get ahead of this thing and move together as a unified group. Its not over yet, hang in there. I will do my best to help those who want to help themselves. Everyone can choose their own path forward, I will continue to strive to do what is best for the situation and if you want to join, great we would love to have you. Strength in numbers for this situation. The more people we can get to coalesce, the more we can drive the conversation and get Laurel to agree to our terms. What else can we do? There are deadlines that need to be followed and they are coming up fast. I am getting another opinion concerning how to prepare for the immediate steps in the near future. I always want to ask several people the same question to see if we get the same answers, then i make an informed decision. pm me if you have any questions. I am communicating with Eric daily to make sure we are on tract. We are still putting building our team to move forward and might have to depose several people, we have to prepare to take this all the way and stand firm for what we believe is right. Its still early in the process, but time is ticking.
Kukkido
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Post by vzveteran on Mar 5, 2016 13:00:08 GMT
We need to connect with the folks at Icell that are considering appraisal.
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Post by thechurchmaus on Mar 5, 2016 15:41:28 GMT
i wonder who the owners of the close to two and a half million dissenting shares are.it cant be all retailers?we shall find out when astella has to file with the court and send out notices at the latest.i would not be surprised if an arbitrage hedgefund comes out of the woodwork.
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