SOURCE: Gilman and Pastor LLP

October 30, 2009 11:26 ET

Notice of Deadline for Plaintiff Submissions to Investors Who Purchased or Otherwise Acquired Shares in UltraShort FTSE/Xinhua (NYSE Amex: FXP); UltraShort Dow30 (NYSE Amex: DXD); UltraShort S&P 500 (NYSE Amex: SDS); UltraShort Emerging Markets (NYSE Amex: EEV) and UltraShort DJ-AIG Crude Oil (NYSE Amex: SCO) From the Law Firm of Gilman and Pastor LLP

BONITA SPRINGS, FL--(Marketwire - October 30, 2009) - The law firm of Gilman and Pastor LLP makes an announcement to all investors in the UltraShort FTSE/Xinhua (NYSE Amex: FXP); UltraShort Dow30 (NYSE Amex: DXD); UltraShort S&P 500 (NYSE Amex: SDS); UltraShort Emerging Markets (NYSE Amex: EEV); and UltraShort DJ-AIG Crude Oil (NYSE Amex: SCO) (collectively hereinafter referred to as the "ProShares Funds") concerning the class action lawsuits filed in the United States District Court for the Southern District of New York. Investors only have until the following deadlines to move to appointment as a lead plaintiff in this case.


November 3, 2009 ProShares EEV Fund

November 23, 2009 ProShares DUG, UYG, SDS, SCO and FXP Funds

November 30, 2009 ProShares DXD Fund

The ProShares Funds are exchange-traded funds ("ETF") offered by ProShares Trust ("ProShares") and Plaintiffs and class members were damaged pursuant or traceable to ProShares' false and misleading Registration Statement, Prospectuses, and Statements of Additional Information. The Plaintiffs seek a Class and Subclasses for each of the Funds purchased by the Plaintiffs. The Class is seeking recovery for investors under Sections 11 and 15 of the Securities Act of 1933 (the "Securities Act").

ProShares sells its UltraShort ETFs as "simple" directional plays. As marketed by ProShares, UltraShort ETFs are designed to go up when markets go down. The Funds correspond to twice the inverse (-200%) daily performance or twice the performance of a designated benchmark Index. The complaint alleges the Defendants violated the Securities Act by failing to disclose that the Funds are altogether defective as a securities product and as directional investment play.

If you bought shares in any of the ProShares Funds and either lost in excess of $200,000.00 or still hold the shares, and would like to consider serving as lead plaintiff or have any questions about the lawsuit, please contact Kenneth G. Gilman, Esq. of Gilman and Pastor, at (888) 252-0048, or via email at

A Lead Plaintiff is a court-appointed representative for absent class members. You do not need to seek appointment as Lead Plaintiff to share in any class recovery in this action. You may retain counsel of your choice to represent you in this action.

If you are a member of this class you can view a copy of the complaint, obtain more information and join in the class action online at

Plaintiffs are represented by the law firm Gilman and Pastor LLP. Gilman and Pastor LLP is one of the country's premier national law firms that represent institutional and individual investors in class action, complex securities and corporate governance litigation. The firm has been a champion of investor rights for over 30 years and has been recognized for its reputation for excellence by the courts.

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