Glancy Prongay & Murray LLP and Holzer & Holzer, LLC Announce a Proposed Settlement in the Intersect ENT, Inc. Securities Litigation
LOS ANGELES, Aug. 2, 2021 /PRNewswire/ --
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
AVI YARON, Individually and On Behalf Plaintiff, v. INTERSECT ENT, INC., LISA D. Defendants. |
Case No.: 4:19-cv-02647-JSW |
SUMMARY NOTICE OF (I) PENDENCY OF CLASS ACTION, CERTIFICATION OF
SETTLEMENT CLASS, AND PROPOSED SETTLEMENT; (II) SETTLEMENT FAIRNESS HEARING; AND (III) MOTION FOR AN AWARD OF ATTORNEYS' FEES
AND REIMBURSEMENT OF LITIGATION EXPENSES
TO: All Persons and entities who purchased or otherwise acquired publicly traded Intersect ENT, Inc. ("Intersect") common stock between February 27, 2018 and August 1, 2019, inclusive, and were damaged thereby (the "Settlement Class")
PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS WILL BE AFFECTED BY A CLASS ACTION LAWSUIT PENDING IN THIS COURT.
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the Northern District of California, that the above-captioned litigation (the "Action") has been certified as a class action on behalf of the Settlement Class, except for certain Persons and entities who are excluded from the Settlement Class by definition as set forth in the full Notice of (I) Pendency of Class Action, Certification of Settlement Class, and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) Motion for an Award of Attorneys' Fees and Reimbursement of Litigation Expenses (the "Notice"), which is available at www.IntersectSecuritiesLitigation.com or will be mailed to you upon request to the Claims Administrator, as described further below. Unless defined herein, capitalized words used in this Summary Notice are defined in the Stipulation and Agreement of Settlement dated May 13, 2021 ("Stipulation"), which is available at www.IntersectSecuritiesLitigation.com.
YOU ARE ALSO NOTIFIED that Lead Plaintiff in the Action has reached a proposed settlement of the Action for $1,900,000 in cash (the "Settlement"), that, if approved by the Court, will resolve all claims in the Action against Defendants and release all Released Plaintiffs' Claims against Defendants' Releasees.
A hearing will be held on October 22, 2021, at 9:00 a.m., before the Hon. Jeffrey S. White, Senior District Judge, at the United States District Court for the Northern District of California, Oakland Courthouse, Courtroom 5, 1301 Clay Street, Oakland, CA 94612 to determine: (i) whether the proposed Settlement should be approved as fair, reasonable, and adequate; (ii) whether the Action should be dismissed with prejudice against Defendants, and the Releases specified and described in the Stipulation (and in the Notice) should be granted; (iii) whether the proposed Plan of Allocation should be approved as fair and reasonable; and (iv) whether Lead Counsel's application for an award of attorneys' fees and reimbursement of Litigation Expenses should be approved.
If you are a member of the Settlement Class, your rights will be affected by the pending Action and the Settlement, and you may be entitled to share in the Settlement Fund. The Notice and Proof of Claim and Release Form ("Claim Form") can be downloaded from the website maintained by the Claims Administrator, www.IntersectSecuritiesLitigation.com. You may also obtain copies of the Notice and Claim Form by contacting the Claims Administrator at Avi Yaron v. Intersect ENT, Inc., et al., c/o A.B. Data, Ltd., P.O. Box 173131, Milwaukee, WI 53217, 1-877-777-9611.
If you are a member of the Settlement Class, in order to be eligible to receive a payment under the proposed Settlement, you must submit a Claim Form online or postmarked no later than November 18, 2021. If you are a Settlement Class Member and do not submit a timely and valid Claim Form, you will not be eligible to share in the distribution of the net proceeds of the Settlement, but you will nevertheless be bound by the terms of the Settlement and any judgments or orders entered by the Court in the Action.
If you are a member of the Settlement Class and wish to exclude yourself from the Settlement Class, you must submit a request for exclusion such that it is received no later than October 1, 2021, in accordance with the instructions set forth in the Notice. If you timely and validly exclude yourself from the Settlement Class, you will not be bound by the terms of the Settlement or any judgments or orders entered by the Court in the Action and you will not be eligible to share in the proceeds of the Settlement.
Any objections to the proposed Settlement, the proposed Plan of Allocation, or Lead Counsel's motion for attorneys' fees and reimbursement of Litigation Expenses must be filed with the Court and delivered to Lead Counsel and Defendants' Counsel such that they are received no later than October 1, 2021, in accordance with the instructions set forth in the Notice.
Please do not contact the Court, the Clerk's office, Intersect, Defendants, or Defendants' Counsel regarding this notice. All questions about this notice, the proposed Settlement, or your eligibility to participate in the Settlement should be directed to Lead Counsel or the Claims Administrator.
Requests for the Notice and Claim Form should be made to:
Avi Yaron v. Intersect ENT, Inc., et al.
c/o A.B. Data, Ltd.
P.O. Box 173131
Milwaukee, WI 53217
877-777-9611
www.IntersectSecuritiesLitigation.com
Inquiries, other than requests for the Notice and Claim Form, should be made to Lead Counsel:
Glancy Prongay & Murray LLP
Attn: Robert V. Prongay, Esq.
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Email: [email protected]
-OR-
Holzer & Holzer, LLC
Attn: Corey D. Holzer, Esq.
211 Perimeter Center Parkway, Suite 1010
Atlanta, GA 30338
Telephone: (770) 392-0090
Email: [email protected]
By Order of the Court
Source: Glancy Prognay & Murray LLP
Holzer & Holzer, LLC
SOURCE Glancy Prongay & Murray LLP and Holzer & Holzer, LLC
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