The Action Sample Clauses
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The Action. This case is currently pending before the Xxxxxxxxx Xxxxxxx X. Pallmeyer in the United States District Court for the Northern District of Illinois (the “Court”) and was brought on behalf of the Class (to be certified for settlement purposes) of all Persons who purchased or otherwise
(i) Camping World’s financial results for the fourth quarter for the fiscal year 2016 (the “Financial Statements”); (ii) certain of Defendants’ statements related to internal controls, disclosure controls, and Generally Accepted Accounting Principles compliance (the “Controls Statements”); and (iii) certain of Defendants’ statements regarding the acquisition and integration of Gander Mountain (the “Gander Statements” and collectively with the Financial Statements and Controls Statements, the “Challenged Statements”). Lead Plaintiffs allege the Challenged Statements artificially inflated Camping World’s stock price and when the truth was eventually disclosed, the price of Camping World stock declined, resulting in substantial damages to the Class. From the outset of the Action, Defendants have denied all of these allegations and consistently maintained that they never made any statement to the market that was, or that they believed was, false or misleading, nor did they ever direct anyone to make public statements that were, or that they believed were, false and misleading. Defendants maintain that they believed at the time and still believe that, during the Class Period and at all other times, Camping World’s public statements including the Challenged Statements, were not materially false or misleading. As a result, and as argued in their Motions to Dismiss the Action, which had not been ruled on at the time of this Settlement, Defendants contend that Lead Plaintiffs did not plead an actionable claim and cannot prove any element of securities fraud, including, but not limited to, falsity, scienter, or loss causation, and cannot prove any element of the other claims Lead Plaintiffs brought, including claims based on §§11, 12, and 15 of the Securities Act of 1933. On May 17, 2019, Defendants filed their Motions to Dismiss the Action, alleging that Lead Plaintiffs’ complaint failed to state a claim for relief. Lead Plaintiffs filed their opposition on July 16, 2019, and Defendants filed their replies on August 15, 2019. At the time the Settling Parties reached an agreement to settle the Action, Defendants’ Motions to Dismiss were pending before the Court. During the Action, certai...
The Action. The Narrator reads the attached “news story” aloud to the reporter and tells him/her to get to Persian immediately in order to discover the Truth of what really happened because Xxxxx was disputing the events and there were many conflicting reports. The Ace Reporter goes to “Persian” and finds all of the main characters talking at once and arguing with each other about their assumptions. When they see the reporter they each want his attention so they can tell their side of the story. There were a lot of assumptions flying back and forth and the reporter is assigned to uncover the Truth. He does this by interviewing each character, one at a time.
The Action. In the Action (as defined below), the Class Representatives allege that the actuarial assumptions that the Plans used prior to January 1, 2018 to determine joint and survivor annuity (“JSA,” as defined below) benefits did not produce actuarially equivalent benefits in violation of ERISA. The Class Representatives also allege that the Benefit Plans Committee breached its ERISA fiduciary duties in connection therewith.
The Action. The Winthrop Parties agree not to pursue any other rights or remedies in, through or with respect to the Action, including but not limited to appealing any aspect of the judgment in the Action.
The Action. Case No. 2:16-cv-10936-PDB-EAS in the United States District Court for the Eastern District of Michigan.
The Action. In 2008, a class action was commenced in the Ontario Superior Court of Justice (the “Court”) against CIBC and certain of its officers (the “Individual Defendants”, the “Action”). The Action alleged that, during the Class Period, CIBC misrepresented or failed to disclose in certain quarterly financial statements and MD&A, public oral statements and filings with securities regulators, material information relating to CIBC’s investments in and exposure to United States residential mortgage-backed securities (“US RMBS”). The Action alleged that these public oral statements and filings with securities regulators by CIBC during the Class Period contained statements that were false or materially misleading. It was alleged that CIBC’s own common shares therefore traded at artificially inflated prices during the Class Period, resulting in damage to Class Members when information relating to those alleged misrepresentations was publicly disclosed. CIBC and the Individual Defendants denied all allegations. By order dated February 3, 2014, the Court of Appeal for Ontario granted the Plaintiffs leave to proceed with the Action under Part XXIII.1 of the Ontario Securities Act and certified the Action as a class proceeding on behalf of the Class Members. By order of the Ontario Superior Court of Justice dated September 13, 2016, Class Members were afforded the right to exclude themselves or “opt out” of the Class by no later than January 3, 2017. Persons who validly exercised the right to opt out are not Class Members, are not affected by this notice and may not participate in the Settlement. Since then, the Action has been vigorously litigated. On •, the Plaintiffs and CIBC executed a Settlement Agreement providing for the settlement the Action (the “Settlement”), which is subject to approval by the Court. The Settlement Agreement provides for the payment of CAD$125,000,000.00 (the “Settlement Amount”) in consideration of the full and final settlement of the claims of Class Members. The Settlement Amount includes all legal fees, disbursements, taxes, administration expenses, and the levy payable to the Class Proceedings Fund of the Ontario Law Foundation. The Settlement provides that if it is approved by the Court, the claims of all Class Members asserted or which could have been asserted in the Action will be fully and finally released and the Action will be dismissed. The Settlement is not an admission of liability, wrongdoing or fault on the part of the Defendants, a...
The Action. On February 22, 2019, a proposed class action was commenced on behalf of investors who purchased FSD class B common shares in the secondary market during the Class Period, against FSD in the Ontario Superior Court: Xxxx Xxxxxx v. FSD Pharma, Inc. CV-19-614981-00CP (the " Action"). The Plaintiff in the Action alleges that the Defendant made misrepresentations during the Class Period related to FSD’s business, operations and finances by omitting from core documents, non-core documents and statements, material facts regarding the status of its project with Auxly Cannabis Corp. to build-out 220,000 square feet of cannabis cultivation space in Cobourg, Ontario. The parties have reached a proposed settlement of the Action, without an admission of liability on the part of the Defendant, subject to approval by the Court. The terms of the proposed settlement are set out below. FSD will pay CAD $5.5 million (the “Settlement Amount”), in full and final settlement of all claims against it in the Action. The Settlement Amount, less the lawyers’ fees and disbursements, administrator’s expenses, and taxes (the “Net Settlement Amount”), if approved by the Court, will be distributed to the Class on a pro rata basis. The Settlement Agreement may be viewed at xxxxx://xxxxxxxxxx.xxx/fsd-pharma-inc/, xxx.xxxxxxxxxxxxxxxxxxxxxxxx.xxx, or in the investor relations section of xxxxx://xxx.xxxxxxxxx.xxx. If the Settlement is approved, a further notice will be published which will include instructions on how Class Members can file Claim Forms to participate in the pro rata distribution of the Net Settlement Amount and the deadline for doing so. The Settlement provides that if it is approved by the Court, the claims of all Class Members which were asserted or which could have been asserted in the Action (except any putative Class Members who opt-out) will be fully and finally released and the Action will be dismissed.
The Action. In 2010, a class proceeding was commenced in the Ontario Superior Court of Justice (the “Court”) against the Defendants (the “Action”). The Action alleged that the Defendants misrepresented, among other things, Canadian Solar's revenue, losses associated with certain of its long-term contracts, and that its financial results were prepared and presented in accordance with US generally accepted accounting principles. The Action alleged that the Defendants made such misrepresentations in certain public documents released during the period from and including May 26, 2009 to June 1, 2010, as well as in oral statements made during the same period, resulting in Canadian Solar's securities trading at artificially inflated prices during this period. On September 9, 2014, the Court granted the Plaintiff leave to bring an action for damages under Part XXIII.1 of Ontario's Securities Act. On January 5, 2015, the Court certified the Action as a class action on behalf of the Class Members. Pursuant to this order, Class Members were afforded the right to exclude themselves or “opt out” of the Class no later than January 15, 2016. Persons who validly exercised the right to opt out are not Class Members, are not affected by this notice and may not participate in the Settlement. Since then, the Action has been vigorously litigated. On July 8, 2020, the Plaintiff and the Defendants executed a Settlement Agreement providing for the settlement of the Action (“Settlement”), which is subject to approval by the Court. The Settlement Agreement provides for the payment of USD$13,000,000.00 (the “Settlement Funds”) in consideration of the full and final settlement of the claims of Class Members. The Settlement Funds include all legal fees, disbursements, taxes and administration expenses. The Settlement provides that if it is approved by the Court, the claims of all Class Members asserted or which could have been asserted in the Action will be fully and finally released and the Action will be dismissed. The Settlement is not an admission of liability, wrongdoing or fault on the part of the Defendants, all of whom have denied, and continue to deny, the allegations against them.
The Action. 1 All claims asserted against Xxx Xxxx-Xxxxx were dismissed from this Action pursuant to the Court’s Opinion and Order dated March 12, 2024 (ECF No. 103). All words or terms used herein that are capitalized shall have the meanings ascribed to those words or terms herein and in §V.1 hereof entitled “Definitions,” infra. On March 16, 2022, a purported securities class action was filed in the United States District Court for the Southern District of New York captioned Xxxxxxxx Xxxxxxxxx v. Grab Holdings Limited, et al., Case No. 1:22-cv-02189 (S.D.N.Y) (the “Peccarino Action”) on behalf of persons and entities who purchased or otherwise acquired Grab securities between November 12, 2021 and March 3, 2022 inclusive. ECF No. 1 at ¶1.2 On April 21, 2022, a similar securities class action captioned Si Fan v. Grab Holdings Limited et al., Case No. 1:22-cv-03277 (S.D.N.Y.) (the “Fan Action”) was also filed in this Court seeking the same relief against the same defendants on behalf of persons and entities that purchased or otherwise acquired Grab securities between August 2, 2021 and March 3, 2022, inclusive. ECF No. 39 at 1. On June 7, 2022, the Court entered an Order: (i) consolidating the Peccarino and Fan Actions; (ii) amending the case caption of the consolidated Peccarino and Fan Actions to In re Grab Holdings Limited Securities Litigation and ordering that every subsequent filing be made under Master File No. 1:22-cv-02189; (iii) appointing Fan, Batra, and SLG as Lead Plaintiffs; and
The Action a. The Action was filed on March 13, 2020 by Plaintiff Altamonte, individually and on behalf of a putative class. Defendant Greenway Health, LLC moved to dismiss the Action on May 29, 2020. The Amended Complaint was filed September 18, 2020. Greenway answered the Amended Complaint on November 13, 2020. On February 22, 0000, Xxxxxxxxx Xxxxxxxxx filed a Motion for Class Certification, which Greenway opposed on March 22, 2021. The Motion for Class Certification remains pending.
b. The Amended Complaint alleges that Greenway promised and represented that its Intergy software satisfied the certification requirements of federal government incentive programs, but delivered a noncompliant version of the software for years.