JANUARY 19, 2012 - JUDGE KING CALLS FOR NOTICE SENT TO ALL SHAREHOLDERS - JUDGE REJECTS NEWS CORP MYSPACE FEDERAL PUBLIC CLASS ACTION SECURITIES FRAUD SETTLEMENT PROPOSAL- NEW FAIRNESS

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UNITED STATES DISTRICT COU RT

CENTRAL DISTRICT OF CALIFORNIA

WESTERN DIVISION

JIM BR OW N, Individually and OnBehalf of A ll Others Similarly Situated,

Plaintiff,

No. 2:06-cv-0373 1-GHK -SH

CLASS ACTION

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R O B B IN S GELLER R U D M A N& D O WD LLP

DARREN J . ROBBINS (168593)RANDALL J . BARON (150796)ELLEN GUSIKOFF STEWART (144892)DAVID T. W ISSBROECKER (243867)

EUN JIN LEE (264208)65 5 W est Broadw ay, Suite 19 00San Diego, CA 92101Telephone: 619/231-1058619/231-7423 (fax)darrenrrgrdlaw. cornrandybrgrdlaw.cornelleng(rgrdlaw. c orndw issbroeckerrgrdlaw . [email protected]

Lead C ounsel for Plaintiff

VS.

BRETT C. BREW ER, e t al .,

Defendants.

[PROPOSED] ORDER PR OVIDINGFOR SUPPLEMENTA L NOTICE

DATE: Submitted MatterTIME: Submitted MatterCTR M : The Honorab le George H.

King

677467_2

E-FILED 01/19/2012

Case 2:06-cv-03731-GHK -SH Document 403 Filed 01/19/12 Page 1 of 31 Page ID#:13502



1HEREAS, a class action is pending before the Court entitled Brown v.

2 IBrewer, et al., No. 2 :06-cv-03731-GH 1K-SH ("Action");

3HEREAS, the Court has received the proposed Notice of Revised Plan of

4 Allocation and Revised Proof of Claim and Release (the "Revised Notice") and the

5 Revised Proof of Claim and Release form (the "Claim Form"), and the Court has

6 I reviewed those documents; and

NOW, THEREFORE, IT IS HEREBY ORDERED:

8.laintiff’s Lead Counsel is authorized to act on behalf of the Class with

9 I respect to all acts required by, or which m ay be undertaken pursuant to, the Am ended

10 Stipulation of Settlement ("Stipulation") or such other acts that are reasonably

11 necessary to consummate the proposed settlement set forth in the Stipulation.

12.he Court approves, as to form and content, the Revised Notice annexed

13 as Ex hibit A hereto and the Claim F orm annex ed as Exhibit B hereto and finds that the

14 mailing and distribution of the Revised Notice and Claim Form substantially in the

1 5 manner and form set forth in ¶3 of this Order meet the requirements of Federal Rule of

16 Civil Procedure 23 and due process, and is the best notice practicable under the

17 circumstances and shall constitute due and sufficient notice to all Persons entitled

18 thereto.

19.ilardi & Co. LLC ("Claims Administrator") shall supervise and

20 administer the notice procedure as well as the processing of claims as more fully set

21 forth below:

2 2a) The Claims Administrator shall, not later than January 27, 2012

23 (the "Notice Date"), cause a copy of the Revised Notice and the Claim Form

24 substantially in the forms annexed as Exhibits A and B hereto to be mailed by First-

25 Class Mail to all Class Mem bers who can be identified with reasonable effort;

2 6b) Not later than January 27, 2012, the Claims Administrator shall

27 cause the Revised Notice and Claim Form to be posted on their website at

28 www.gilardi.com ; and

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IIc) Not later than March 12, 2012, Plaintiff’s Lead Coun sel shall cause

2 Ito be served on Defendants’ Counsel and filed with the Court proof, by affidavit or

3 declaration, of such mailing and posting.

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.ominees w ho held Interm ix com mon stock for the beneficial ownership

5 of Class Members during the Class Period shall send the Revised Notice to all

6 beneficial ow ners of such secu rities w ithin ten (10) days after receipt thereof, or send

7 a list of the names and addresses of such beneficial owners to the Claims

8 Administrator within ten (10) days of receipt thereof, in which event the Claims

9 Administrator shall promptly mail the Revised Notice to such beneficial owners.

10 Plaintiff’s Counsel shall, if requested, reimburse banks, brokerage houses, or other

11 nominees solely for their reasonable out-of-pocket expenses incurred in providing

12 notice to beneficial owners w ho are Class Mem bers out of the Settlement Fund, w hich

13 exp enses w ould not have been incurred excep t for the sending of such notice, subject

14 to further order of this Court with respect to any dispute concerning such

15 I compensation.

16.lass Mem bers w ho have not timely and validly excluded themselves in

17 accordance with the Notice of Pendency of Class Action mailed to former Intermix

18 shareholders in November and December 2009 may complete and submit Claim

19 Forms in accordance with the instructions contained therein. Unless the Court orders

20 otherwise, all Claim Forms must be postmarked no later than March 1 5 , 2012. Any

21 Class Member who does not submit a Claim Form within the time provided for shall

22 be barred from sharing in the distribution of the proceeds of the Settlement Fund,

23 unless otherwise ordered by the Court. Notwithstanding the foregoing, Plaintiff’s

24 Lead Counsel shall have discretion to accept late-submitted claims for processing by

25 the Claims Administrator so long as the distribution of the Settlement Fund is not

26 materially delayed thereby. Class Members who have previously submitted Proof of

27 Claim and Release forms need not do so again.

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1.ny m ember of the C lass may show cause, if he, she or it has any, why

2 the revised Plan of Allocation should or should not be approved, provided, however,

3 that no Class Member shall be heard or entitled to contest such matters, unless that

4 Class Member has, on or before February 27, 2012, filed with the Clerk for the United

5 States District Court for the Central District of California, Western Division, and

6 served (by hand, first class mail, or express service) on Robbins Geller Rudman &

7 Dow d L LP, Ellen G usikoff Stewart, 655 W. Broadway, Suite 1900, San Diego, CA

8 92 101 the following: (i) a written notice of objection that includes the Class M ember’s

9 name, add ress and telephone number, along with a representation as to whether they

10 intend to appear at the Settlement Hearing; (ii) proof that he, she or it is in fact a

11 member of the Class; and (iii) a statement of the objection to the revised Plan of

12 Allocation, the grounds therefore, as well as all documents or writings the Class

13 Member desires the Court to consider. Any Person who does not make his, her or its

14 objection in the manner provided shall be deemed to have waived such objection and

15 shall forever be foreclosed from making any objection to the fairness or adequacy of

16 the revised Plan of Allocation, unless otherwise ordered by the Court.

17.hearing (the "Settlement Hearing") shall be held before the Court on

18 March 19, 2012, at 9:30 a.m., at the United States District Court, Central District of

19 California, 255 East Temple Street, Room 650, Los Angeles, California 90012, to

20 determine whether the proposed settlement of the Action on the terms and conditions

21 provided for in the Stipulation is fair, reasonable, and adequate to the Class and should

22 be approved by the Court; whether a Judgment as provided in ¶1.16 of the Stipulation

23 should be entered herein; whether the proposed Revised Plan of Allocation should be

24 approved by the Court; to determine the amount of attorneys’ fees and expenses that

25 should be awarded to Plaintiffs Lead Counsel; and whether the expenses to Lead

26 Plaintiff should be reimbursed. The Court may adjourn the Settlement Hearing

27 without further notice to members of the Class.

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1.ll reasonable expenses incurred in identifying and notifying Class

2 Members, as well as administering the Settlement Fund, shall be paid as set forth in

3 the Stipulation. In the event the settlement is not approved by the Court, or otherwise

4 fails to become effective, neither Plaintiff nor Plaintiffs Counsel shall have any

5 obligation to repay any amounts reasonably incurred or properly disbursed from the

6 Settlement Fund pursuant to ¶J3 .6 or 3.7 of the Stipulation.

7T IS SO ORDERED.

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9 I DATED:

10NITED STATES DISTRICT JUDGE

THE HONORABLE GEORGE H. KING

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CERTIFICATE OF SERVICE

I hereby certify that on Janu ary 18, 201 2, I authorized the electronic filing of the foreg oing

with the Clerk of the Co urt using the CM /ECF system which w ill send no tification of such filing to

the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I

caused to be mailed the foregoing document or p aper via the U nited States Postal Service to the non-

CM /ECF p articipants indicated on the attached Manual Notice List.

I certify under penalty of perjury under the laws of the United States of America that the

foregoing is true and correct. Executed on January 18, 2012.

s/ Ellen Gusikoff Stewart

ELLEN GUSIKOFF STEWART

ROBBINS GELLER RUDMAN& DOWD LLP

655 West Broadway, Suite 1900

San Diego, CA 92101-3301Telephone: 619/231-1058

619/231-7423 (fax)

E-mail: [email protected]




CM /ECF - C alifornia Central District-age 1 of

Mailing Information for a Case 2:06-cv-03731-GHK -SH

Electronic Mail Notice List

The following are those who are currently on the list to receive e-mail notices for this case.

Randall J Baronrandybrgrdlaw.com ,e_fi1e_sdrgrdlaw.com

Michael A Bowsembowsebgrfirm.com ,khallbgrfirm.com

Rebecca M C outorebeccamcoutogmai1.com

Asheley G Deanasheley.deanhoganlovells.com,mae.chesterhoganlovells.com,LA-

Docketinghoganlovells.com,LA-Recordshoganlovells.com

Eric M G eorgeegeorgebgrfirm.com,cbonillabgrfirm.com

Christy W [email protected]

Ellen Anne Gu sikoff [email protected] ,[email protected]

Bety Javidzad

[email protected] ,[email protected]

Stephen M [email protected]

James N [email protected] ,[email protected]

Amy A [email protected]

Teodora Manolovatmanolovagoodwinprocter.com

Elizabeth A Moriartyelizabeth.moriartyhoganlovells.com ,bea. gonca1veshoganlovells.com ,cmeliashhlaw.com

Stephen J [email protected]

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https ://ecf.cacd.uscourts.gov/cgi-binlMailList.pl?2840 113 72252548-L_5 5 5 _ O - 1 /17/2012




CM /ECF - C alifornia Central District-age 2 of 2

Pamela S Palmer

[email protected]

Darren J Robbinse_file_sdrgrdlaw.com

Julie A Shepardjshepardjenner.com

George A [email protected]

Richard Lee [email protected]

Michael D Torpey

[email protected]

David T Wissbroeckerdwissbroeckerrgrdlaw.com ,e_file_sdrgrdlaw.com

Manual Notice List

The following is the list of attorneys who are no t on the list to receive e-mail notices for this case (whotherefore require manual noticing). You m ay wish to use y our mo use to select and copy this list intoyour w ord processing program in order to create notices or labels for these recipients.

Erin Bansal

Orrick Herrington and Sutcliffe

405 Howard Street

San Francisco, CA 94105

Brad Greenspan

264 South La Cienega Suite 1216

Beverly Hills, CA 90211

https://ecf.cacd.uscourts.gov/cgi-bin/MailList.pl?2840 11 372252548-L_555_0- 1 /17/2012




INDEX OF EXHIBITS TO [PROPOSED] ORDER PROVIDING FOR SUPPLEMENTAL

NOTICE

DOCUMENT

XHIBIT

Notice of Revised Plan of Allocation and Revised Proof of Claim and R elease

Revised Proof of Claim and R eleaseE676399_I




EXHIBIT A





DARR EN J. ROBBINS (168593)RANDALL J. BARON (150796)ELLEN GUSIKOFF STEWART (144892)DAVID T. WISSBROECKER (243867)EIJN JIN LEE (264208)655 W est Broadway, Suite 1900San Diego, CA 92101Telephone: 619/231-1058619/231-7423 (fax)darrenr@ rgrdlaw. cornrandybrgrd1aw. corne1leng(rgrdlaw. corndwissbroecker@rgrdlaw. [email protected]

Lead Counsel for Plaintiff

UNITED STATES DISTRICT COURT


WESTERN DIVISION

JIM BROWN, Individually and Ono. 2:06-cv-0373 1-GHK -SHBehalf of All Others Similarly Situated,

CLASS ACTIONPlaintiff,

NOTICE OF REVISED PLAN OFVS.

LLOCATION AND REVISEDPROOF OF CLAIM AND RELEASEBRETT C. BREWER, et al.,

EXHIBIT ADefendants.

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TO: ALL PERSONS AND ENTITIES WHO HELD THE COMMON STOCK OFINTERMIX MED IA, INC. ("INTERM IX") AT AN Y TIME FROM JULY 182005 (THE DATE THAT THE ACQUISITION OF INTERMIX BY THE

NEWS CORPORATION FOR $12 PER SHARE (THE "ACQUISITION")

WAS PUBLICLY ANNOUNCED) THROUGH AND INCLUDINGSEPTEMBER 30, 2005 (THE CLOSING DATE OF THE ACQUISITION)WHO WERE HARMED BY DEFENDANTS’ IMPROPER CONDUCT ATISSUE IN THE LITIGATION ("CLASS MEMBERS").

PLEASE READ THIS NOTICE CAREFULL Y.

YOU ARE HEREBY NOTIFIED that the Court in the above-captioned

litigation had the authority to order the Parties to revise the Plan of A llocation of the

Net S ettlement F und, and the C ourt has exercised that authority. Plaintiff has revised

the Plan of A llocation so that the Net Settlement Fun d will be allocated as follows:

1. Definitions

A. Settlem ent Amount

"Settlement Amount" means $45 million in cash paid into an interest-

bearing escrow accou nt for the benefit of the C lass.

B. Settlement Fund

"Settlement Fund" mean s the fund consisting of the Settlement Am ount

deposited in the escrow accoun t plus any interest or other income earned thereon.

C. Net Settlemen t Fund

"Net Settlement Fund" means the Settlement Fund less all taxes,

attorneys’ fees, expert fees, notice and adm inistration co sts, and any o ther expenses

approved by the Court.

D . A uthorized C laim ants"Authorized Claimants" means those members of the Class that file a

valid Proof of Claim and Release in the proper format in timely fashion that is

approved by the Court pursuant to a Court-ordered plan of allocation for payment

from the Net Settlement Fund. Any person, firm, trust, corporation, partnership,

limited liability compan y, or other entity holding Intermix stock on behalf or for the

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I I1 benefit of any Defendant or any other person or entity excluded from the Class shall

2 not be an Authorized Claimant with respect to the Intermix shares so held.

3, E.eld Shares

4, "Held Shares" means Intermix stock held by a member of the Class on

5 July 18, 2005 and exchanged for the Acquisition consideration on or after September

6 30, 2005.

7.old Shares

8Sold Shares" means Intermix stock held by members of the Class on

9 July 18, 2005 and sold prior to September 30, 2005.

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f a C lass M ember has more than one transaction in Intermix stock during11 the Class Period, all transactions shall be matched on a first-in, first-out ("FIFO")

12 basis. Class Period sales will be matched first against any Intermix stock held on July

13 18, 2005, and then against purchases made after July 18, 2005 in chronological order,

14 beginning with the earliest purchase made during the Class Period.

15 2.llocation Formula

16he "Payment Amount" for each Authorized Claimant will be determined by

17 the Authorized Claimant’s pro-rata share of the Net Settlement Fund. If a Payment

18 Am ount calculates to less than $10.0 0, it will not be included in the calculation and it

19 will not be distributed.

20he Payment Amount for each Authorized Claimant shall be allocated as

21 I follows:

22eld Shares: 84% of the Net Settlement Fund shall be distributed to Held

23 Shares on a pro-rata basis.

24old Shares: 16% of the Net Settlement Fund shall be distributed to Sold

25 Shares on a pro-rata basis.

26he Court has approved sending notice of this revised Plan of Allocation to

27 Class Members.

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THE CLASS IS DEFINED AS ALL PERSONS AN D ENTITIES WHO HELD

THE COMMON STOCK OF INTERMIX AT ANY TIME FROM JULY 18, 2005

(THE DATE THAT THE ACQUISITION OF INTERMIX BY THE NEWS

CORPORATION FOR $12 PER SHARE (THE "ACQUISITION") WAS PUBLICLY

ANNOUNCED) THROUGH AND INCLUDING SEPTEMBER 30, 2005 (THE

CLOSING DATE OF THE ACQUISITION) WHO WERE HARMED BY

DEFENDANTS’ IMPROPER CONDUCT AT ISSUE IN THE LITIGATION.

I F Y O U A R E A M E M B E R O F T H E C L A S S D E S C R IB E D A B O V E , Y O U R

I RIGHTS WILL BE AFFECTED BY THE PENDING SETTLEMENT, AND YOU

MAY BE ENTITLED TO SHARE IN THE SETTLEMENT FUND. The Judgmentprovides, among other things, that all Class Members are releasing and waiving all

Settled Claims and will be barred from prosecuting any and all Settled Claims.

If you have not yet received the Revised P roof of Claim and R elease form (the

"C laim Form "), you m ay obtain copies of it by contacting the C laims A dministrator:

Intermix Shareholder LitigationClaims A dministratordoGilardi & Co. L LC

[Insert Address]Copies of the Claim Form may also be downloaded from the Claims

Administrator’s website at www.gilardi.com.

If you are a C lass Mem ber, in order to be eligible to share in the distribution of

the Net Settlement Fund, you must submit a Claim Form no later than March 15,

2012. If you previously submitted a Proof of Claim and Release form, it is not

necessary for you to resubmit one. Any objections to the proposed revised Plan of

Allocation must be filed with the Court and delivered to Plaintiff’s Lead Counsel no

later than February 27, 2012. The Court will not entertain any objections to the

proposed S ettlemen t or to Plaintiff’s Coun sel’s application for an award of attorneys’

fees and expenses or to an award to Plaintiff Jim Brown.

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The C ourt will hold a Settlement Hearing at 9:3 0 a.m. on M arch 19,20 12 , at the

Edw ard R. Roybal Federal Building and United States Co urthouse, 255 East Temple

Street, Room 650 , Los Angeles, CA 9 00 12 . At the Settlement H earing, the Court will

also consider the proposed Revised Plan of Allocation for the proceeds of the

Settlement and the application of Plaintiff’s Lead Counsel for attorneys’ fees and

expenses.

If you are a Class Mem ber and did not t imely and validly exclude yourself in

accordance with the Notice of Pendency of Class Action mailed to former Intermix

shareholders in Novem ber and December 20 09 , you wil l be bound by any Judgment

entered in the Action, whether or not you m ake a Claim. If you are a Class M em berand do n ot submit a proper Claim Form, you w ill not share in the Settlement Fund but

you w ill nevertheless be bound by the Judgm ent of the Court.

PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE

I REGARDING THIS NOTICE. Inquiries, other than requests for the Claim Form,

I may be made to Plaintiff’s Lead Counsel:

Ellen Gusikoff Stewart, Esq.

ROBBINS GELLER RUDMAN& D OW D L L P655 West Broadway, Suite 190 0San Diego, CA 92101(6 1 9 ) 2 3 1 -1 0 58

Further inform ation may be obtained by contacting the Claims Ad m inistrator.

By Order of The Court

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EXHIBIT B





DARREN J. ROBBINS (168593)RANDALL J. BARON (15 07916ELLEN GUSIKOFF STEWART(144892)DAVID T. WISSBROECKER (243867)EUN J1N LE E (264208)6 5 5 W est Broadway, Suite 1900San Diego, CA 92101Telephone: 619/231-1058619/231-7423 (fax)darrenrrgrdlaw. cornrandybrgrdlaw. corne11engrgrd1aw.corndwiss%" [email protected]@rgrdlaw.com

Lead Counsel for Plaintiff

UNITED STATES DISTRICT COURT


WESTERN DIVISION

JIM BROWN, Individually and Ono. 2:06-cv-03731-GFIK-SHBehalf of All Others Similarly Situated,

CLASS ACTIONPlaintiff,

REVISED PROOF OF CLAIM ANDVS.

ELEASEBRETT C. BREW ER, et al.,XHIBIT B

Defendants.

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PROOF OF CLAIM AND RELEASE

DEAD LINE FOR SUBM ISSION: MARC H 15, 2012.

11. GENERAL INSTRUCTIONS

1. It is important that you completely read and understand the Notice of

Revised Plan of Allocation and Revised Proof of Claim and Release (the "Revised

Notice") that accompanies this Revised Proof of Claim and Release and the Revised

Plan of Allocation of the Net Settlement Fun d included therein (the "Revised Plan of

Allocation"). The Revised Notice describes the manner in which the Net Settlement

Fund will be distributed. By signing and submitting this Proof of Claim and Release,

you w ill be certifying that you have read and that you understand the Revised N otice.2. If you previously submitted a Proof of Claim and R elease form, you need

I not do so again.

3. TO PARTICIPATE IN THE SETTLEMENT, YOU MUST MAIL

I YOUR COMPLETED AND SIGNED PROOF OF CLAIM AND RELEASE, BY

FIRST-CLASS MAIL, POSTAGE PREPAID, POSTMARKED ON OR BEFORE

MARCH 15 , 2012, ADDRESSED TO:

Intermix Shareholder Litigation

Claims Adm inistratordoGilardi & C o. LLC

[Insert Address]

4. This Revised Proof of Claim and Release is directed to all persons and

entities who held the common stock of Intermix Media, Inc. ("Intermix") at any time

from and including July 18, 2005 (i.e., the date that the acquisition of Intermix by The

News Corporation ("News C orp.") for $12 per share (the "Acq uisition") was publicly

announced) through and including September 30, 2005 (i.e., the closing date of the

Acquisition) who were harmed by Defendants’ improper conduct at issue in the

litigation (the "Class"). Excluded from the Class are Defendants and any Affiliated

Person of any Defendant, as well as Brad Greenspan, any trusts or entities in which he

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1 is an owner, trustee or beneficiary, and any Intermix shares held by any Person or

2 entity over which Mr. Greenspan has or had direct or indirect control. Also excluded

3 from the Class are any putative Class Members who timely and validly excluded

4 I themselves in accordance with the Notice of Pendency of Class Action mailed to

5 I former Intermix shareholders in Novem ber and Decem ber 2009.

6.Class Member" means any person who is included in the definition of

7 I the Class and w ho did not timely submit a p roper request for exclusion in accordance

8 with requirements set forth in the Notice of Pendency of Class A ction previously sent

9 Ito Class Members.

10

.

Affiliated Person" means the members of the immediate families of1 1 I each D efendant and the respective heirs, adm inistrators, executors and a ssigns of each

12 I Defendant.

1 3.Authorized Claimant" means a Class Member who timely submits to the

14 I Claims Adm inistrator a valid Proof of C laim and R elease pursuant to the terms of the

15 Stipulation that is approved for payment from the Net Settlement Fund.

16. IF YOU ARE NOT A CLASS MEMBER, OR IF YOU, OR SOMEONE

17 ACTING ON YOUR BEHALF, FILED A REQUEST FOR EXCLUSION FROM

18 THE CLASS, DO NOT SUBMIT A PROOF OF CLAIM AND RELEASE. YOU

19 MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE

20 SETTLEMENT IF YOU ARE NOT A CLASS MEMBER. THUS, IF YOU HAVE

21 FILED A REQUEST FOR EXCLUSION IN A TIMELY MANNER, ANY PROOF

22 OF CLAIM AND RELEASE THAT YOU SUBMIT, OR WHICH MAY BE

23 SUBMITTED ON YOUR BEHALF, WILL NOT BE A C C EP TED .

24.o recover as a Class Mem ber, you must comp lete and sign this Proof of

25 Claim and Release and m ail it to the Claims A dm inistrator postmarked on or before

March 15 , 201 2. If you fail to file a timely, properly addressed, and com pleted Proof

27 of Claim and Release, your claim may be rejected and you may be precluded from

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1 receiving any distribution from the N et Settlement Fund, but you w ill nevertheless be

2 bound by the terms of the Judgment.

30. Submission of this Proof of Claim and Release does not ensure that you

4 I will share in the Net Settlement Fund. Distributions from the Net Settlement Fund are

5 I governed by the Plan of Allocation approved by the Court. The Revised Plan of

6 lAllocation is included in the Revised Notice.

71. If you have questions concerning this Proof of Claim and Release, or

8 I need additional copies of this Proof of Claim and Release or the R evised Notice, you

9 I may contact the Claims Adm inistrator, Gilardi & Co. LL C, at the above address or by

10 toll-free phone at

r you can e-mail your inquiries through or11 download the documents from the Claims Administrator’s internet website,

12 www.gilardi.com .

1 32. If you are a Class Member and you did not timely and validly exclude

14 you rself in accordance with the No tice of Pendency of C lass Action mailed to former

15 Intermix shareholders in Novem ber and Decem ber 2009 , and if the Court approves the

16 Settlement, you will be bound by the terms of any orders and judgments that the Court

17 enters. You w ill be bound by such orders and judgm ents whether or not you submit a

18 Proof of C laim and R elease. The judgment enjoins the filing or continued prosecution

19 of Settled C laims, and also releases the Settled Claims against the Released P ersons,

20 including those that are subject to pending lawsuits or arbitrations.

213. You are required to submit genuine and sufficient documentation for (i)

22 all shares of Intermix com mo n stock you held or sold at any time from and including

23 July 18, 2005 through and including September 30, 2005; and (ii) all shares of

24 Intermix com mo n stock that you tendered in the Acquisition for $12 in cash per share.

25 Broker confirmations or other docum entation of your holdings should be attached to

26 this Proof of Claim and Release. IF SUCH DOCUMENTS ARE NOT IN YOUR

27 POSSESSION, PLEASE OBTAIN COPIES OR EQUIVALENT

28 CONTEMPORANEOUS DOCUMENTS FROM YOUR BROKER. FAILURE TO

677470_2

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I SUPPLY THIS DOCUMENTATION MAY RESULT IN REJECTION OF YOUR

I CLAIM. DO NOT SEND ORIGINAL STOCK CERTIFICATES.

14. All joint holders of Intermix common stock must each sign this Proof of

I Claim and Release.

55. Ag ents, executors, administrators, guardians, and trustees must com plete

6 and sign the Proof of Claim an d Release on beh alf of persons represented by them a nd

7 1 1 they m ust:

8a)xpressly state the capacity in which they are acting;

9b) identify the name, account number, Social Security Number (or

10 taxpayer identification number), address and telephone number of the beneficial11 owner of (or other person or en tity on w hose beha lf they are acting with respect to) the

12 Intermix common stock; and

13c)urnish herewith evidence of their authority to bind to the P roof of

14 Claim and Release the person or entity on who se behalf they are acting. (Authority to

15 com plete and sign a Proof of Claim and Release canno t be established by stockbrokers

16 only demonstrating that they have discretionary authority to trade stock in another’s

17 accounts.)

186. By subm itt ing a s igned Proof of C laim and R elease, you wil l be swearing

19 that you:

20a) own(ed) the Intermix common stock you have listed in the Proof of

21 Claim and Release; or

22b) are expressly authorized to act on behalf of the beneficial owner(s)

23 thereof.

247 . By subm itt ing a s igned Proof of C laim and R elease, you wil l be swearing

25 to the truth of the statem ents contained therein and the genuineness of the docum ents

26 attached thereto, subject to penalties of perjury under the law s of the Un ited States of

27 America. The making of false statements, or the submission of forged or fraudulent

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4-8Case 2:06-cv-03731-GHK -SH Document 403 Filed 01/19/12 Page 21 of 31 Page ID#:13522



1 docum entation, will result in the rejection of your claim and m ay subject you to civil

2 liability or criminal prosecution.

3OTICE R EGA RDIN G ELEC TRO NIC FILES: Certain claimants with large

4 holdings of Intermix common stock may request, or may be requested, to submit

information regarding their holdings in electronic files. All Claimants M US T subm it

a manually signed paper Proof of Claim and Release form listing all their holdings,

7’ whether or not they also submit electronic copies. If you wish to file your claim

8 electronically, you m ust contact the Claims Administrator at , or visit its

9 website www.gilardi.com , to obtain the requ ired file layout. No electronic files will

10 be considered to have been properly subm itted unless the Claims Administrator issues11 to the Claimant a written acknow ledgment of receipt and acceptance of electronically

12 submitted data.

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Intermix Corporation Shareholder Litigation

PART I: CLAIMANT IDENTIFICATION

Beneficial Owner’s Name (First, Middle, Last) / Joint Owner’s Name

Street Address

Citytateip Code

Foreign Provinceoreign Country

(Work)Area Codeelephone Number

(Home)

Area Codeelephone Num ber

Social Security Number oraxpay er Identification Num ber

Record Owner’s Name (if different from beneficial owner listed above)

Check a ppropriate box (check only one box):

ondividual/Sole Proprietor 0oint Owners ension Plan

oorporation artnership rust

oRA ther (describe:__________________________

NO TE: Separate Proofs of Claim should be submitted for each separate legal

entity (e.g., a claim from Joint Owners should not include separate holdings of just

one of the Joint Owners, an Individual should not combine his or her IRA holdings

with holdings solely in the Individual’s name). Conversely, a single Proof of Claim

should be subm itted on beh alf of one legal entity including all holdings of that entity

no matter how many separate accounts that entity has (e.g., a Corporation with

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multiple brokerage accounts should include all holdings of Intermix common stock at

any time between July 18, 2005 and September 30, 2005) on one Proof of Claim, no

matter how m any accounts hold Intermix comm on stock.

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6774702

I N F A M




PART II: SCHEDULE OF SHARES OF INTERMIX COMM ONSTOCK HELD OR SOLD AT ANY TIME FROM AND INCLUDING JULY

18, 2005 THROUGH A ND INCLUDING SEPTEMBER 30 , 2005 AND/ORTENDERED IN THE ACQ UISITION FOR $12 IN CASH PER SHARE

A. Num ber of shares of Intermix comm on stock held on July 18, 2005:

(Be sure to attach the required documentation.)

B. Number of shares of Intermix common stock sold during the period from

July 18, 2005 through September 30, 2005:(Be sure to attach

the required documentation.)

C. Number of shares of Intermix common stock tendered in the Acquisition

for $12 in cash per share:

(Be sure to attach the required

documentation.)

YOU M UST ALSO READ AND SIGN THE RELEASE ON PAGE

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1ART III: RELEASE OF CLAIMS AND SIGNATURE

2 I Definitions

3or the purpose of the Proof of Claim, defined terms have the following

4 I meanings. (Other defined terms have the meanings given them in the Amended

5 I Stipulation of Settlement dated February 4, 20 11 (the "Stipulation")).

6Effective Date" means the date the Judgment becomes Final (as defined in

7 I ¶1.15 of the Stipulation).

8Judgment" means the Order or Orders entered by the Court, if and upon

9 approva l of the Settlement, dismissing the A ction with prejudice and w ithout costs to

10 any R eleased Person (except to the ex tent awarded by the Court), releasing all Settled11 Claims as against the Released Persons, and enjoining Class Members from

12 instituting, continuing or prosecuting any action asserting any Settled Claims against

13 any Released Person.

14Released Persons" means Defendants and their respective immediate families,

15 insurers, attorneys (whether Defendants’ Counsel or otherwise), advisors (including,

16 but not limited to, the investment banks, Thomas Weisel Partners and Montgomery &

17 Co.), legal representatives, heirs, executors, adm inistrators, agents, and any an d all of

18 their successors and assigns, as well as News Corporation and its affiliates,

19 VantagePoint Venture Partners, VP Alpha Holdings IV L.L.C., VantagePoint Venture

20 Partners IV (Q) L.P., VantagePoint Venture Partners IV L.P., VantagePoint Venture

21 Partners IV Principals Fund L.P., all other VantagePoint related funds and entities,

22 and all current and former g eneral and limited partners, members, principals, officers,

23 directors, emp loyees, agents, advisors, acco untants, auditors, affiliates, predecesso rs,

24 successors, parents, subsidiaries, divisions, assigns, and attorneys for any

25 VantagePoint related fund or entity.

26Settled Claims" m eans any and all claims (including any "Unk nown Claims"

27 as defined below), demands, losses, rights, causes of action, liabilities, obligations,

judgm ents, suits, matters and issues of any kind or nature wh atsoever for any remedy ,

6774702

3




1 including damages, or injunctive relief that have been asserted, could have been

2 asserted, or could be asserted in the future by any Class Member in the Action or in

3 any court, tribunal, forum or proceeding (including, but not limited to, any claims

4 arising under federal, state or foreign law, common law, statute, rule, or regulation

5 relating to alleged fraud, breach of any duty, negligence, violation of the federal

6 securities law, or otherwise, and including all claims w ithin the exclusive jurisdiction

7 of the federal courts), whether individual, class, direct, derivative, representative,

8 legal, equitable or any other type or in any other capacity, against the Released

9 Persons (or any of them) that have arisen, could have arisen, arise now or hereafter

10 arise from, or relate in any manner to, the allegations, conduct, facts, events,11 transactions, acts, occurrences, statements, representations, omissions or any other

12 matter, thing or cause whatsoever, referred to by, set forth in, or arising out of the

13 A cquisition, (ii) the Proxy, (iii) any pleading filed in the A ction that purports to assert

14 any claim, all of which are incorporated herein, and (iv) any allegations made in the

15 Action, whether such allegations were set forth in a pleading filed with the Court or

16 otherwise. Settled Claims do not include any claims (i) of any stockholder who has

17 validly opted out of the Settlement, or (ii) arising from the performance or non-

18 performance of the Settlement terms.

19Un know n Claims" m eans any and all Settled Claims that Plaintiff or any Class

20 Member does not know or suspect to exist in his, her or its favor at the time of the

21 release of the Released Persons, and any and all Released Persons’ Claims that any

22 Released Person does not know or suspect to exist in his, her or its favor, which if

23 known by him, her or it might have affected his, her or its decision(s) with respect to

24 the Settlement. With respect to any and all Settled Claims and any and all Released

25 Persons’ C laims, the parties stipulate and agree that upon the Effective Date, Plaintiff

26 and Defendants shall expressly waive, and every other Class Mem ber and every other

27 Released Person shall be deemed to have waived, and by operation of the Judgment

28 shall have expressly waived, any and all provisions, rights and benefits conferred by

677470_2

10 -VII




1 I any law o f any state or territory of the Un ited States, or principle of comm on law, that

2 is similar, comparable, or equivalent to Cal. Civ. Code § 1542, which provides:

3general release does not extend to claims which the creditor

4

oes not know or suspect to exist in his or her favor at the time of

5xecuting the release, which if known by him or her must have

6aterially affected his or h er sett lem ent w ith the debtor.

7 Plaintiff and Defend ants acknow ledge, and every other Class Member and every o ther

8 Released Person by operation of law shall be deem ed to have acknow ledged, that the

9 inclusion of "Unknown Claims" in the definition of Settled Claims and Released

10 Persons’ Claims was separately bargained for and was a material element of the

11 Settlement.

12 The Release

1 3(We) understand and ackn ow ledge that without further action by any one, on

14 and after the Effective Date, each Class Mem ber, including Class Mem bers who have

15 pending or later initiate any other actions, arbitrations, or other proceedings against

16 Defendants or any other Released Person relating to the Settled Claims, on behalf of

17 themselves, their heirs, executors, administrators, predecessors, successors, and

18 assigns, for good and sufficient consideration, the receipt and adequacy o f wh ich are

19 hereby acknowledged, shall be deemed to have, and by operation of law and of the

20 Judgment shall have fully, finally, and forever released, relinquished, settled, and

21 discharged all Settled Claims against each and every one of the Released Persons,

22 including such Settled Claims as already may have been asserted in any pending

23 actions, arbitrations, or other proceedings, and whether or not a Proof of Claim and

24 Release is executed and delivered by, or on behalf of, such Class Member.

25IGNATURE AND CERTIFICATIONS

26y signing and submitting this Proof of Claim and Release, the Claiman t(s) or

27 the person(s) who represents the Claimant(s) certifies, as follows:

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1.hat the Claimant(s) is a (are) Class M emb er(s), as defined in the Revised

2 Notice;

3.hat I (we) have read and un derstand the contents of the Revised Notice

4 and the Proof of Claim;

5.hat I (we) are not acting for any of the Defendants, nor am I (are we)

6 such a Defendant or otherwise excluded from the Class;

7.hat I (we) have not filed a request for exclusion from the C lass and that I

8 (we) do n ot know of any request for exclusion from the C lass filed on m y (our) behalf

9 with respect to m y (our) holdings of Intermix com m on stock;

10

.hat I (we) own(ed) the Intermix com mon stock identified in the Proof of

1 1 Claim, or that, in signing and subm itting this Proof of Claim, I (we) have the authority

12 to act on behalf of the owner(s) thereof;

13.hat Claimant(s) may be entitled to receive a distribution from the Net

1 4 I Settlement Fund;

15.hat Claimant(s) desires (desire) to participate in the Settlement described

1 6 in the N otice of Settlement of Class Action and the R evised Notice and agrees (agree)

17 to the terms and conditions thereof

18.hat I (we) subm it to the jurisdiction of the United States District Court

19 for the Cen tral District of California for purposes of investigation and d iscovery with

20 respect to this Proof of Claim;

21.hat I (we) agree to furnish such additional information with respect to

22 this Proof of Claim as the parties or the Court may require;

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0. that I (we) waive trial by jury, to the extent it exists, and agree to the

24 Court’s summary disposition of the determination of the validity or amount of the

25 claim m ade by this Proof of Claim ; and

261. that I (we) certify that I am (we are) not subject to backup withholding

27 under the provisions of Section 3406(a)(1)(c) of the Internal Revenue Code.

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IOTE : If you h ave been notified by the Internal Revenue Service that you are

2 subject to backup withholding, please strike the language that you are not subject to

3 backup w ithholding in the certification above. The Internal Revenue Service does not

4 require your consent to any provision other than the certification required to avoid

5 backup withholding.

6(We) declare, under penalty of perjury under the law s of the U nited States of

7 America, that the statements made and answers given in this Proof of Claim are true

8 and correct and that the documents submitted herewith are true and genuine.

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1 011 Signature of Claimant

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13I Print Name of Claimantate

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15 Signature of Joint Claimant, if any

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17 Print Name of Joint Claimant

ate

18fClaim ant is other than an ind ividual, or is not the person com pleting

1 9his form, the following also m ust be provided:

20 Signature of Person Completing Form

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22 Print Name of Person Completing Formate

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24 Capacity of Person Signing (Executor, President, Trustee, etc.)25

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6774702




REMINDER CHECKLIST

1. Please sign the Certification Section of the Proof of C laim and Release

form.

2. If this Claim is being m ade on behalf of Joint Claimants, then both must

sign.

3. Please remember to attach supporting docum ents.

4. DO NO T SEND ORIGINALS OF ANY SUPPORTING DOCUMEN TS.

5. Keep a copy of your Proof of Claim and Release form and all

documentation submitted for your records.

6.If you m ove, please send your new address to:


Claims A dministrator

doGilardi & Co. LL C[Insert Address]

7. Do not use highlighter on the Proof of Claim and Release form or

supporting documentation.

THIS PROOF OF CLAIM MUST BE POSTMARKED NO LATER

THAN MARCH 15, 2012 AND MUST BE MAILED TO:


Claims A dministrator

doGilardi & Co. LL C[Insert Address]

ACCURATE CLAIMS PROCESSING TAKES A SIGNIFICANT

AMOUNT OF TIME.

THANK YOU FOR YOUR PATIENCE

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Documents

JANUARY 19, 2012 - JUDGE KING CALLS FOR NOTICE SENT TO ALL SHAREHOLDERS - JUDGE REJECTS NEWS CORP MYSPACE FEDERAL PUBLIC CLASS ACTION SECURITIES FRAUD SETTLEMENT PROPOSAL- NEW FAIRNESS