Attached files
| file | filename |
|---|---|
| EX-99.1 - ORDER OF U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA - SEQUENOM INC | dex991.htm |
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of report (Date of earliest event reported): January 26, 2010
SEQUENOM, INC.
(Exact Name of Registrant as Specified in Charter)
| DELAWARE | 000-29101 | 77-0365889 | ||
| (State or Other Jurisdiction of Incorporation) |
(Commission File Number) |
(I.R.S. Employer Identification No.) |
3595 JOHN HOPKINS COURT
SAN DIEGO, CALIFORNIA 92121
(Address of Principal Executive Offices)
(858) 202-9000
(Registrant’s telephone number, including area code)
N/A
(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
| ¨ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| ¨ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| ¨ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| ¨ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
| Item 8.01. | Other Events. |
On January 26, 2010, the U.S. District Court for the Southern District of California entered an order preliminarily approving the stipulation of settlement reached in the class action securities lawsuits consolidated under the caption In re Sequenom, Inc. Securities Litigation, Master File No. 3:09-cv-00921 LAB-WMC. In the order, the Court approved the notice of class action, the summary notice of proposed settlement of securities class action and proof of claim and release forms, authorized the distribution of such forms to all potential settlement class members and appointed Rust Consulting as the settlement administrator to supervise and administer the notice and claim procedures. The stipulation of settlement remains subject to final approval by the Court, which set May 3, 2010 as the date for the final settlement approval hearing. A copy of the order is attached hereto as Exhibit 99.1.
Forward-Looking Statements
Except for the historical information contained herein, the matters set forth in this report, including statements regarding the distribution of notice and claim forms and the final approval of the pending settlement, are forward-looking statements within the meaning of the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995. These forward-looking statements are subject to risks and uncertainties that may cause actual results to differ materially, including the risks and uncertainties associated with the final approval of the settlement by the U.S. District Court, and other risks detailed in our annual report on Form 10-K for the year ended December 31, 2008 and other documents subsequently filed with or furnished to the Securities and Exchange Commission. These forward-looking statements are based on current information that may change and you are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date of this report. All forward-looking statements are qualified in their entirety by this cautionary statement, and we undertake no obligation to revise or update any forward-looking statement to reflect events or circumstances after the issuance of this report.
| Item 9.01 | Financial Statements and Exhibits. |
(d) Exhibits
| 99.1 | Order of the U.S. District Court for the Southern District of California. |
2.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| SEQUENOM, INC. | ||||||||
| Date: February 1, 2010 | By: | /s/ CLARKE W. NEUMANN | ||||||
| Clarke W. Neumann | ||||||||
| Vice President and General Counsel | ||||||||
3.
EXHIBIT INDEX
| Exhibit |
Description | |
| 99.1 | Order of the U.S. District Court for the Southern District of California. | |