According to a Press Release dated December 3, 2001, in or about December 1997, plaintiffs commenced class actions against HealthTech and certain executive officers and as well as the Company' auditors, Smith, Dance & Co. ('Smith Dance'). The actions were consolidated and an amended complaint was filed in or about October 1998 (the 'Complaint'). The Complaint alleged, inter alia, that defendants HealthTech and certain of its officers and directors (the 'Individual Defendants') as well as Smith Dance violated Section 10(b) of the Securities Exchange Act of 1934 (the 'Exchange Act') and Rule 10b-5 promulgated thereunder. In addition, the Complaint alleged that the Individual Defendants, as control persons, violated Section 20(a) of the Exchange Act. Finally, the Complaint alleged state law violations against both the HealthTech and Smith Dance defendants. From inception, a key individual defendant, the chief executive officer and chairman of the board of HealthTech was absent from this litigation. He was arrested around the time of the first filed complaints for violating, inter alia, federal securities laws and eventually sentenced to seven years imprisonment in the Fall of 1999. However, a restitution order, entered in connection with the criminal matter against defendant Hall, may provide some HealthTech shareholders relief. If you fall into the class period covered by the government's action, you likely would have been contacted directly by the United States Attorney's Office for the Southern District of New York. In addition, defendants HealthTech and Smith Dance filed for protection under the bankruptcy laws of the United States on July 21, 1999 and November 11, 1999, respectively. Neither HealthTech nor Smith Dance carried Directors & Officers Liability insurance or its equivalent. During this period, plaintiffs entered into settlement negotiations with defendants, including defendant Hall. The parties were assisted in their efforts by a magistrate judge appointed by the Court. However, these efforts failed once they proved that any result would yield little economic benefit to the Class. During the period of settlement negotiations, HealthTech's bankruptcy petition was dismissed, but after its only viable asset was foreclosed upon (over plaintiffs' objections) leaving no equity for the Class or the Company. Smith Dance seeks liquidation under Chapter 7 of the Bankruptcy Code. This action is still pending in the Bankruptcy Court for the Northern District of Texas (No. 00-33060 HCA). Other individual defendants attested that they were judgment proof. Finally, efforts to relist securities of HealthTech were rejected by the responsible regulatory authorities. Given these and other events, lead plaintiffs' moved on November 16, 2001 for an order of voluntary dismissal. Plaintiffs' motion was granted and the court ordered it so on November 19, 2001. The Court's order and Federal Rule of Civil Procedure 41(a) provide that, absent objection, the action will be dismissed without prejudice on December 21, 2001.