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Case Status:    DISMISSED  
—On or around 06/06/2011 (Court's order of dismissal)
Current/Last Presiding Judge:  
Hon. Claudia Wilken

Filing Date: December 20, 2010

Del Monte Foods Company is an American company that produces and distributes a wide variety of food products.

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 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 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 cases 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.

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