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Case Status:    DISMISSED    
On or around 06/06/2011 (Court's order of dismissal)

Filing Date: December 20, 2010

According to the complaint filed December 20, 2010, the Proposed Transaction as currently constituted is unfair to the Company's shareholders because it does not adequately value the Company's future growth 12 prospects, which will inure to the Buyout Group if the Proposed Transaction is consummated.

In addition, on December 15, 2010, the Company filed a Schedule 14A Proxy Statement (the "Proxy") with the United States Securities and Exchange Commission ("SEC") in connection with the Proposed Transaction. The Proxy fails to provide the Company's shareholders with material information and/or provides them with materially misleading information thereby rendering the shareholders unable to cast an informed vote regarding the Proposed Transaction. Chief among the disclosure deficiencies, the Proxy fails to disclose the financial and other terms of Barclays Capital's individual involvement in the financing, including the amount they have committed to provide, the corresponding interest rates, and the significant compensation they will receive.

According to the Order signed by Judge Claudia Wilken on June 1, 2011, two related have been consolidated under Civil Action No. 10-CV-5789. Bull & Lifshitz, LLP is appointed Lead Counsel, and Kaplan Fox & Kilsheimer LLP as Liaison Counsel. On June 3, 2011, the plaintiffs filed a Notice of Voluntary Dismissal Without Prejudice.


Sector: Consumer Non-Cyclical
Industry: Food Processing
Headquarters: United States


Ticker Symbol: DLM
Company Market: New York SE
Market Status: Public (Listed)

About the Company & Securities Data

"Company" information provides the industry and sector classification and headquarters state for the primary company-defendant in the litigation. In general, "Securities" information provides the ticker symbol, market, and market status for the underlying securities at issue in the litigation.

In most cases, the primary company-defendant actually issued the securities that are the subject of the litigation, and the securities information and company information relate to the same entity. In a small subset of cases, however, the primary company-defendant is not the issuer (for example, cases against third party brokers/dealers), and the securities information and company information do not relate to the same entity.
COURT: N.D. California
DOCKET #: 10-CV-05789
JUDGE: Hon. Claudia Wilken
DATE FILED: 12/20/2010
CLASS PERIOD END: 12/20/2010
  1. Levi & Korsinsky LLP (Culver City)
    600 Corporate Pointe, Suite 1170, Levi & Korsinsky LLP (Culver City), CA 90230-7600
    310-839-0442 310-558-3005 ·
  2. Levi & Korsinsky, LLP
    30 Broad Street, 15 1h Floor, Levi & Korsinsky, LLP, NY 10004
    212.363.7500 212.363-7171 ·
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