Glancy Prongay & Murray LLP Announces Pendency of Class Action and Proposed Settlement Involving All Persons who Purchased Forterra Common Stock
DALLAS, Feb. 10, 2020 /PRNewswire/ --
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
IN RE FORTERRA INC. SECURITIES
Case No. 3:18-cv-01957-X
Hon. Brantley Starr
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 Forterra common stock between Forterra’s Initial Public Offering on October 19, 2016 and August 14, 2017, inclusive, and/or who purchased or acquired stock pursuant to and/or traceable to the Registration Statement issued in connection with Forterra’s Initial Public Offering 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 Texas, that the above-captioned litigation (the “Action”) has been certified as a class action on behalf of the Settlement Class for the purpose of settlement only, 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”).
YOU ARE ALSO NOTIFIED that Plaintiffs in the Action have reached a proposed settlement of the Action for $5,500,000 in cash (the “Settlement”), that, if approved, will resolve all claims in the Action.
A hearing will be held on April 29, 2020 at 10:00 a.m., before the Honorable Brantley Starr at the United States District Court for the Northern District of Texas, United States Courthouse, Courtroom 1310, 1100 Commerce Street, Dallas, TX 75242, 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 November 4, 2019 (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.
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.ForterraSecuritiesLitigation.com. You may also obtain copies of the Notice and Claim Form by contacting the Claims Administrator at In re Forterra Inc. Securities Litigation, c/o Epiq, P.O. Box 4655, Portland, OR 97208-4655, (844) 412-0823.
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 June 5, 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 April 8, 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 April 8, 2020, in accordance with the instructions set forth in the Notice.
Please do not contact the Court, the Clerk’s office, Forterra, 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.
Inquiries, other than requests for the Notice and Claim Form, should be made to Lead Counsel:
GLANCY PRONGAY & MURRAY LLP
Joshua L. Crowell, Esq.
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Requests for the Notice and Claim Form should be made to:
In re Forterra Inc. Securities Litigation
P.O. Box 4655
Portland, OR 97208-4655
DATED: February 10, 2020
BY ORDER OF THE COURT
United States District Court
for the Northern District of Texas
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SOURCE Glancy Prongay & Murray LLP