Notice is hereby given that a class action lawsuit was filed on November 30, 2004, in the United States District Court for the District of Maryland, on behalf of all purchasers, redeemers and holders of shares of the RS family of mutual funds (collectively, the "RS Funds"), which are managed by RS Investment Management, L.P., between October 6, 1999 and October 5, 2004 (the "Class Period").
The following RS Funds are subject to this lawsuit:
RS Diversified Growth Fund (Nasdaq: RSDGX)
RS Emerging Growth Fund (Nasdaq: RSEGX)
RS Growth Fund (Nasdaq: RSVPX)
RS Information Age Fund (Nasdaq: RSIFX)
RS Internet Age Fund (Nasdaq: RIAFX)
RS Midcap Opportunities Fund (Nasdaq: RSMOX)
RS Smaller Company Growth Fund (Nasdaq: RSSGX)
RS Contrarian Value Fund (Nasdaq: RSCOX)
RS Global Natural Resources Fund (Nasdaq: RSNRX)
RS Partner Fund (Nasdaq: RSPFX)
The complaint charges defendants RS Investment Trust, RS Investment Management, L.P., G. Randall Hecht, Steven M. Cohen, James L. Callinan, and the John Doe Defendants with violations of the Securities Act of 1933 (the "Securities Act")and the Securities Exchange Act of 1934 (the "Exchange Act"). The Complaint alleges that during the Class Period the defendants engaged in illegal and improper trading practices, in concert with certain institutional traders, which caused financial injury to the shareholders of the RS Funds. According to the Complaint, the Defendants surreptitiously permitted certain favored investors, including the John Doe Defendants, to illegally engage in "timing" of the RS Funds whereby these favored investors were permitted to conduct short-term, "in and out" trading of mutual fund shares, despite explicit restrictions on such activity in the RS Funds' prospectuses.
Plaintiff seeks to recover damages on behalf of class members and is represented by, among others, the law firm of Stull, Stull & Brody. Stull, Stull & Brody has litigated many class actions for violations of securities laws in federal courts over the past 30 years and has obtained court approval of substantial settlements on numerous occasions.
If you are a member of the class described above, you may, no later than sixty days from today, request the Court appoint you as lead plaintiff.
A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class. Under certain circumstances, one or more class members may together serve as "lead plaintiff." Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. You may retain Stull, Stull & Brody, or other counsel of your choice, to serve as your counsel in this action.
If you wish to discuss this action or have any questions concerning this notice or your rights or interests with respect to these matters, please contact Tzivia Brody, Esq. at Stull, Stull & Brody by calling toll-free 1-800-337-4983, or by e-mail at SSBNY@aol.com, or by fax at 212/490-2022, or by writing to Stull, Stull & Brody, 6 East 45th Street, New York, NY 10017. You may also visit our website at www.ssbny.com.