Home Important Dates Notice Claim Form Broker Electronic Files Frequently Asked Questions Additional Information Toll Free Helpline: 1 (800) 430-4972


In re Host America Securities Litigation Website



IMPORTANT UPDATE: IF YOU HAVE ALREADY SUBMITTED A VALID PROOF OF CLAIM FORM IN CONNECTION WITH THE EARLIER HOST AMERICA SETTLEMENT, YOU NEED NOT SUBMIT ANOTHER PROOF OF CLAIM FORM IN ORDER TO ALSO PARTICIPATE IN THE SETTLEMENT WITH REMAINING DEFENDANT ROGER LOCKHART. IF YOU HAVE NOT YET SUBMITTED A VALID PROOF OF CLAIM FORM IN CONNECTION WITH THE EARLIER HOST AMERICA SETTLEMENT, YOU MUST SUBMIT A VALID PROOF OF CLAIM FORM PRIOR TO MARCH 20, 2009 IN ORDER TO PARTICIPATE IN THE SETTLEMENT WITH REMAINING DEFENDANT ROGER LOCKHART.

Overview

The Consolidated Complaint for Violations of the Securities Laws dated February 12, 2007 (the “Complaint”) filed in the Action generally alleges, among other things, that Defendants issued false and misleading press releases and other statements regarding Host America’s financial and operational condition prior to and during the Class Period in a scheme to artificially inflate the value of Host America’s Securities, and/or sold Host America Securities during the Class Period while in possession of material non-public information.

The Complaint further alleges that the Class Plaintiffs and other Class Members purchased Host America Securities during the Class Period at prices artificially inflated as a result of the Defendants’ dissemination of materially false and misleading statements regarding Host America, and assert claims under Sections 10(b), 20(a) and 20A of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder.

Settling Defendants deny that they did anything wrong.

Class Definition

The Court directed that everyone who fits this description is a Class Member: All persons who purchased Host America common stock or warrants ("Host America Securities") during the period between July 12, 2005 and July 22, 2005, and were damaged thereby.

Settlement Benefits

To qualify for a payment, you must submit a Proof of Claim and Release Form for the Lockhart Settlement postmarked by March 20, 2009 (if you have not previously submitted a Proof of Claim and Release Form in connection with the earlier Host America Settlement).

Exclusions and Objections

The deadline to request exclusion from the Lockhart Settlement was December 19, 2008. The deadline to object to the Lockhart Settlement is January 20, 2009.

For additional information regarding exclusions and objections, please review the Supplemental Notice (Lockhart) of Pendency of Class Action And Settlement, Motion For Attorneys' Fees and Settlement Fairness Hearing.

Fairness Hearing

The Court will hold a Fairness Hearing at 10:00 a.m. on February 26, 2009, at the United States District Court for the District of Connecticut, Abraham Ribicoff Federal Building, 450 Main Street, Hartford, CT 06103, in Courtroom Two. At the Hearing the Court will consider whether the Lockhart Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay to Plaintiffs’ Lead Counsel. After the Settlement Fairness Hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

PLEASE NOTE THE FOLLOWING IMPORTANT DATES:

December 19, 2008 [Expired]

Request for Exclusion, postmark Deadline for the Lockhart Settlement

January 20, 2009

Objection, filing Deadline for the Lockhart Settlement

February 26, 2009
at 10:00 a.m.

Fairness Hearing for the Lockhart Settlement

March 20, 2009

Proof of Claim and Release Form, postmark Deadline for the Lockhart Settlement