Recent Updates
Recently added Catalysts
GERN

Summary Notice of Proposed Settlement ROBBINS ARROYO LLP BRIAN J. ROBBINS (190264) CRAIG W. SMITH (164886) JENNY L. DIXON (192638) GINA STASSI (261263) 600 B Street, Suite 1900 San Diego, CA 92101 Telephone: (619) 525-39

Key Takeaway: CRAIG W. SMITH (164886) JENNY L. DIXON (192638) 600 B Street, Suite 1900 Facsimile: (619) 525-3991 Plaintiff Joseph Oriente SUPERIOR COURT OF THE STATE JOSEPH ORIENTE, Derivatively on Behalf ) Case No. CIV528121 of GERON CORPORATION, ) ) (Consolidated with Case No

Full Press Release Details

CRAIG W. SMITH (164886)
JENNY L. DIXON (192638)
600 B Street, Suite 1900
Facsimile: (619) 525-3991
Plaintiff Joseph Oriente
SUPERIOR COURT OF THE STATE
JOSEPH ORIENTE, Derivatively on Behalf ) Case No. CIV528121
of GERON CORPORATION, )
) (Consolidated with Case No. CIV 535151)
Plaintiff, )
v. )
) SUMMARY NOTICE OF PROPOSED
JOHN A. SCARLETT, OLIVIA K. ) SETTLEMENT
BLOOM, KARIN EASTHAM, V. BRYAN )
LAWLIS, DANIEL M. BRADBURY, )
THOMAS HOFSTAETTER, ROBERT J. )
SPIEGEL, HOYOUNG HUH, SUSAN M. )
MOLINEAUX, and DOES 1-25, inclusive, )
)
Defendants, )
-and- )
)
GERON CORPORATION, a Delaware )
corporation, )
)
Nominal Defendant. ) Date Action Filed: April 21, 2014
)
YOU ARE HEREBY NOTIFIED,
pursuant to an Order of the California Superior Court for the County of San
Mateo (the "Court"), that a proposed Settlement has been reached between the
Parties to the following shareholder derivative actions brought on behalf of
Geron: (i) Oriente v.
Scarlett, Lead Case No. Civ
528121 and consolidated with Cavel
v. Scarlett, et al., Case No. Civ
535151 ("State Derivative Action"); and (ii) DiLaura v. Scarlett et al.,
Case No. 3:15-cv-02989-CRB and
Haddock v. Scarlett et
al., Case No. 3:15-cv-03007-CRB
("Federal Derivative Action") (collectively "Derivative Actions").
The Derivative Actions are
brought by Plaintiffs solely on behalf of and for the benefit of Geron and
against the Individual Defendants. Plaintiffs generally allege, among other
things, that the Individual Defendants breached their fiduciary duties, wasted
corporate assets, and were unjustly enriched in connection with allegedly
improper statements regarding the purported efficacy and safety of the Company's
investigational new drug candidate, imetelstat.
On November 18, 2016, at 9:30 a.m., the Court will hold the Settlement Hearing before the
Honorable Marie Weiner, Department 2, in the Superior Court of the State of California, San Mateo
County, located at Courtroom 2E, 400 County Center, Redwood City, California 94063-1655, to determine: (i) whether the terms of
the Settlement are fair, reasonable and adequate and should be approved; (ii)
whether a final judgment should be entered; (iii) whether the Court should award
the requested attorneys' fees and reimbursement of expenses for Plaintiffs'
Counsel and a service award to Plaintiffs; and (iv) such other matters as may be
necessary or proper under the circumstances. The Court may adjourn the
Settlement Hearing without further notice to Geron shareholders.
PLEASE READ THIS SUMMARY
NOTICE CAREFULLY AND IN ITS ENTIRETY. IF YOU ARE AN APPLICABLE GERON
SHAREHOLDER, YOUR RIGHTS MAY BE AFFECTED BY THE SETTLEMENT OF THE DERIVATIVE
- 1 -
SUMMARY NOTICE OF PROPOSED SETTLEMENT
a summary notice only. For additional information about the claims asserted in
the Derivative Actions and the terms of the proposed Settlement, please refer to
the documents filed in the respective Derivative Actions, the
Amended Stipulation of Settlement dated August 18, 2016, and the full-length Notice of Proposed Settlement (the "Notice").
The Stipulation and Notice may be viewed on the websites of Robbins Arroyo LLP
You have the right, but are
not required, to appear in person or through counsel at the Settlement Hearing
to object to the terms of the proposed Settlement or otherwise present evidence
or argument that may be proper and relevant. However, no Applicable Geron
Shareholders shall be heard or entitled to contest the approval of the proposed
Settlement, or, if approved, the Judgment to be entered hereon, unless that
Applicable Geron Shareholder has, at least fourteen (14) calendar days prior to the Settlement
Hearing, filed with the Clerk
of the Court a written objection to the Settlement setting forth: (i) a written
notice of objection with the Person's name, address, and telephone number, along
with a representation as to whether such Person intends to appear at the
Settlement Hearing; (ii) competent evidence that such Person held shares of
Geron common stock within the Relevant Time Period and/or as of July 22, 2016;
(iii) a statement of objections to any matters before the Court, the grounds
therefor, or the reasons for such Person desiring to appear and be heard, as
well as all documents or writings such Person desires the Court to consider; and
(iv) the identities of any witnesses such Person plans on calling at the
Settlement Hearing, along with a summary description of their likely
YOUR WRITTEN OBJECTIONS
MUST BE ON FILE WITH THE CLERK OF THE COURT NO LATER THAN November 4, 2016. The Court Clerk's address is:
- 2 -
SUMMARY NOTICE OF PROPOSED SETTLEMENT
YOU ALSO MUST DELIVER
COPIES OF THE MATERIALS TO PLAINTIFFS' COUNSEL AND COUNSEL FOR GERON SO THEY ARE
RECEIVED NO LATER THAN November 4, 2016. Counsel's addresses are:
Counsel for Plaintiffs
Craig W. Smith
ROBBINS ARROYO LLP
600 B Street, Suite 1900
San Diego, CA 92101
Counsel for Nominal Defendant Geron
Ryan E. Blair
COOLEY LLP
4401 Eastgate Mall
San Diego, CA 92121
Unless the Court orders
otherwise, your objection will not be considered unless it is timely filed with
the Court and delivered to Plaintiffs' Counsel and counsel for Geron. Any Person
or entity who fails to object or otherwise request to be heard in the manner
prescribed above will be deemed to have waived the right to object to any aspect
of the Settlement or otherwise request to be heard (including the right to
appeal) and will be forever barred from raising such objection or request to be
heard in this or any other action or proceeding.
PLEASE DO NOT TELEPHONE
THE COURT REGARDING THIS NOTICE
- 3 -
SUMMARY NOTICE OF PROPOSED SETTLEMENT
Last updated: Aug 25, 2016