IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION, AT LOS ANGELES
SACV 04-01226-VBF (JTLx)
SUMMARY NOTICE OF PENDENCY AND PARTIAL DISMISSAL OF CLASS ACTION
To: All Persons Who Acquired Any Common Stock of HiEnergy Technologies, Inc. During the Period from February 22, 2002 Through July 8, 2004, Inclusive, and Were Damaged Thereby (The "Class")
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules of Civil Procedure, that a class action lawsuit alleging violations of Sections 10(b) of the Securities Exchange Act of 1934 is pending against HiEnergy Technologies, Inc. ("HiEnergy") in the United States District Court for Central District of California.
If you acquired any common stock of HiEnergy during the period described above your rights may be affected by this action. The action initially named as defendants HiEnergy and its former officers and directors Bogdan Maglich, Barry Alter and Gregory Gilbert and an alleged control person of HiEnergy, Phillip Gurian. The court has dismissed these individual defendants from the action, which will now proceed only against HiEnergy. If you wish to maintain your own individual lawsuit against these individuals, you will have until June 23, 2008 to file a separate lawsuit at your own expense. You may wish to consult your own attorney concerning how best to protect your rights.
If you have not yet received the Notice of Pendency and Partial Dismissal of Class Action ("Notice"), which more completely describes the Action and your rights thereunder, you may obtain a copy of the Notice by identifying yourself as a member of the Class and by writing to Administrator, HiEnergy Technologies, Inc. Securities Litigation, c/o Strategic Claims Services, PO Box 230, Media, PA 19063, or by calling (866) 274-4004, or by downloading a copy from www.strategicclaims.net. Inquiries should NOT be directed to HiEnergy, the Court, or the Clerk of the Court.
If you desire to be excluded from the Class, you must submit a request for exclusion by April 19, 2008, in the manner and form explained in the Notice. All members of the Class who have not requested exclusion from the Class will be bound by any judgment entered in the Action.