SUMMARY NOTICE OF PENDENCY AND PROPOSED SETTLEMENT
OF SHAREHOLDER DERIVATIVE ACTIONS
TO: ALL RECORD OR BENEFICIAL OWNERS OF ECO SCIENCE SOLUTIONS, INC. SECURITIES AS OF SEPTEMBER 21, 2020 AND THEIR SUCCESSORS:
PLEASE TAKE NOTICE that the parties to the above-captioned shareholder derivative action have reached an agreement to settle the Actions. This notice is not intended to be an expression of any opinion by the Court with respect to the merits of the claims made in the Actions, but is merely to advise you of the pendency and proposed settlement of the Actions.
The terms of the settlement are set forth in a Stipulation of Settlement dated September 21, 2020 (the "Stipulation"). This notice should be read in conjunction with, and is qualified in its entirety by reference to, the text of the Stipulation, which has been filed with the U.S. District Court for the District of Hawaii. A link to the text of the Stipulation and the full-length Notice of Pendency and Proposed Settlement of Shareholder Derivative Actions (the "Notice"), describing the Actions, the proposed settlement, and your rights with regard to the settlement, have be filed with the Court and are available for your viewing on ESSI's website at https://useherbo.com/essi-classaction-settlement/.
Pursuant to the Court's Preliminary Approval Order, a hearing will be held on November 17, 2020, at 10:30 a.m., before the Honorable Leslie E. Kobayashi or such other judge as may be sitting in her place and stead, in in United States District Court for the District of Hawaii, 300 Ala Moana Blvd C-338 Honolulu, Hawaii 96850 (or at such a date and time as the Court may direct without further notice) for the purpose of determining: (i) whether the terms of a proposed settlement, in accordance with the Stipulation of Settlement entered into by the Settling Parties, dated September 21, 2020 are fair, reasonable, and adequate, and in the best interests of ESSI and its shareholders; (ii) whether the Notice fully satisfies the requirements of Rule 23.1 of the Federal Rules of Civil Procedure and due process; (iii) whether the Final Order and Judgment should be entered dismissing the Actions with prejudice, and releasing the Released Persons from the Released Claims; (iv) whether the Court the agreed-to Fee and Expense Amount should be approved; and (v) any other matters that may come before the Court.
The Action is not a "class action" and no individual stockholder has the right to receive any direct recovery from the Settlement. The Settlement, if approved by the Court, will fully and finally resolve the issues raised in the Actions. Upon entry of the Final Judgment, all of Plaintiffs' Released Claims against the Defendants shall be dismissed with prejudice and the Released Persons shall be released from the Released Claims.
If you are a record or beneficial holder of ESSI securities as of September 21, 2020, your rights will be affected by this Settlement, including the release and extinguishment of derivative claims you may possess on behalf of and for the benefit of ESSI. Any Current ESSI Shareholder may appear at the Settlement Hearing and show cause, if he, she, or it has any reason why the Settlement of the Action embodied in the Stipulation should not be approved as fair, reasonable, and adequate, or why the Final Order and Judgment should or should not be entered, or why the Fee and Expense Amount should not be awarded (an "Objection"). Shareholders cannot ask the Court to order a different settlement; the Court can only approve or reject the Settlement.
To object, the stockholder must: (a) file a written Objection stating name, legal address and telephone number, the case name and number (In re Eco Science Solutions, Inc. Shareholder Derivative Litigation, Lead Civil No. 1:17-cv-00530-LEK-WRP (D. Haw.)) and stating all reasons for the Objection; (b) give proof that he, she, or it is a shareholder of record or beneficial owner of ESSI common stock and was a shareholder of record or beneficial owner of ESSI common stock as of September 21, 2020, including the number of shares and documentary evidence of when such stock ownership was acquired; (c) clearly identify any and all evidence that would be presented at the Settlement Hearing in connection with such Objection, along with the names of any witness(es) you intend to call to testify at the Settlement Hearing and the subject(s) of their testimony; and (d) identify any case, by name, court, and docket number, in which the objector or his, her, or its attorney, if any, has objected to a settlement in the last three years. Any written Objection shall be filed with the Clerk of the Court at least fourteen (14) business days prior to the Settlement Hearing, at the below address:
CLERK OF COURT
United States District Court
District of Hawaii
300 Ala Moana Blvd C-338
Honolulu, HI 96850
By the same date, copies of all such papers must also be received by each of the following persons:
Counsel for Plaintiff Ian Bell:
BRIAN J. ROBBINS
CRAIG W. SMITH
SHANE P. SANDERS
5040 Shoreham Place
San Diego, CA 92122
Telephone: (619) 525-3990
Facsimile: (619) 525-3991
Counsel for Plaintiff Marc D'Annunzio:
LAW OFFICES OF BETH A. KELLER, P.C.
BETH A. KELLER
118 N Bedford Rd Ste 100
Mount Kisco, NY 10549
Telephone: (914) 752-3040
Counsel for Plaintiffs Ian Bell and Marc D’Annunzio:
WEINBERG, ROGER & ROSENFELD
ASHLEY K. IKEDA 2955-0
JERRY P.S. CHANG 6671
Central Pacific Plaza
220 South King Street, Suite 901
Honolulu, HI 96813
Telephone: (808) 528-8880
Facsimile: (808) 528-8881
Counsel for Defendants and ESSI:
GREENBERG TRAURIG, LLP
JOEL MAX EADS
KATHLEEN M. KLINE
1717 Arch Street, Suite 400
Philadelphia, PA 19103
Telephone: (215) 988-7856
Facsimile: (215) 988-7801
GREENBERG TRAURIG, LLP
MIRIAM G. BAHCALL
77 West Wacker Street, Suite 3100
Chicago, IL 60601
Telephone: (312) 476-5135
Facsimile: (312) 899-0437
MILLER SHEA LLLC
PATRICK K. SHEA 8387
1001 Bishop Street, Suite 2925
Honolulu, HI 96813
Telephone: (808) 536-2442
If you wish to object to the proposed Settlement, you must file the written objection described above with the Court on or before November 3, 2020. Unless the Court otherwise directs, any Current ESSI Shareholder who does not make his, her, or its Objection in the manner provided in the preceding paragraph of this Summary Notice shall be deemed to have waived such Objection, shall be bound by the Final Order and Judgment, and shall forever be foreclosed from making any objections to the Settlement or making any objections to the fairness and reasonableness of the Fee and Expense Amount.
PLEASE DO NOT TELEPHONE THE COURT, COURT CLERK'S OFFICE, OR ANY REPRESENTATIVE OF ESSI REGARDING THIS NOTICE. All inquiries SHOULD be made to Plaintiffs' counsel.
 All capitalized terms herein have the same meanings as set forth in the Stipulation.
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