Notice of Proposed Class Action and Proposed Settlement Involving All Persons or Entities who Purchased or Otherwise Acquired Zimmer Biomet Holdings, Inc. Common Stock, Call Options and/or Wrote Put Options
SEATTLE, July 6, 2020 /PRNewswire/ --
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
Case No.: 3:16-cv-00815-PPS-MGG
RAJESH M. SHAH, et al.,
Plaintiffs,
v.
ZIMMER BIOMET HOLDINGS, INC., et al.,
Defendants.
|
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
This notice is for all persons or entities who, between June 7, 2016 and November 7, 2016, inclusive, purchased or otherwise acquired Zimmer Biomet Holdings, Inc. ("ZBH") Common Stock and/or Call Options, and/or wrote ZBH Put Options, and were damaged thereby (the "Settlement Class"):
THIS NOTICE WAS AUTHORIZED BY THE COURT. IT IS NOT A LAWYER SOLICITATION. 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 Indiana, 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 printed Notice of (I) Pendency of Class Action and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) Motion for an Award of Attorneys' Fees and Reimbursement of Litigation Expenses (the "Notice").
YOU ARE ALSO NOTIFIED that Plaintiffs in the Action have reached a proposed settlement of the Action for $50,000,000 in cash (the "Settlement"), that, if approved, will resolve all claims, both known and unknown, in the Action.
A hearing will be held on September 3, 2020 at 1:00 p.m., before the Honorable Philip P. Simon at the United States District Court for the Northern District of Indiana, United States Courthouse, Courtroom 4, 5400 Federal Plaza, Hammond, IN 46320 (the "Settlement Fairness Hearing"), 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 Agreement of Settlement dated April 14, 2020 (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 expenses should be approved. Please note that, in light of the COVID-19 pandemic, the Court may hold the Settlement Fairness Hearing telephonically, or change the date, time or location of the hearing. Please check the settlement website, www.ZimmerBiometSecuritiesLitigation.com, for information concerning any such changes.
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. If you have not yet received the Notice and Claim Form, you may obtain copies of these documents by contacting the Claims Administrator at Shah et al. v. Zimmer Biomet Holdings, Inc. et al., c/o JND Legal Administration, P.O. Box 91367, Seattle, WA 98111, (888) 670-1171. Copies of the Notice and Claim Form can also be downloaded from the website maintained by the Claims Administrator, www.ZimmerBiometSecuritiesLitigation.com.
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 postmarked or submitted online no later than October 19, 2020. If you are a Settlement Class Member and do not submit a proper 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 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 August 13, 2020, in accordance with the instructions set forth in the Notice. If you properly exclude yourself from the Settlement Class, you will not be bound by 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 expenses, must be filed with the Court and delivered to Lead Counsel and Defendants' Counsel such that they are received no later than August 13, 2020, in accordance with the instructions set forth in the Notice.
Please do not contact the Court, the Clerk's office, ZBH, or its 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: |
Inquiries, other than requests for the Notice and Claim Form, should be made to Lead Counsel: |
Shah et al. v. Zimmer Biomet Holdings, Inc. et al. c/o JND Legal Administration P.O. Box 91367 Seattle, WA 98111 (888) 670-1171 |
GLANCY PRONGAY & MURRAY LLP Kara M. Wolke, Esq. 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 (888) 773-9224 |
By Order of the Court
SOURCE JND Legal Administration
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