Monteverde & Associates PC and Kahn Swick & Foti, LLC Announce Proposed Class Action Settlement on Behalf of All Former Holders of Aimmune Therapeutics, Inc. Common Stock
NEW YORK, March 21, 2025 /PRNewswire/ --
TO: ALL RECORD HOLDERS AND ALL BENEFICIAL HOLDERS OF AIMMUNE THERAPEUTICS, INC. ("AIMMUNE" OR THE "COMPANY") COMMON STOCK WHO HELD SUCH STOCK AT ANY TIME DURING THE PENDENCY OF THE TENDER OFFER INVOLVING AIMMUNE, SOCIÉTÉ DES PRODUITS NESTLÉ S.A. ("NESTLE"), AND SPN MERGERSUB, INC. ("MERGER SUB") (FROM SEPTEMBER 14, 2020 THROUGH OCTOBER 9, 2020) AND HAD THEIR SHARES EXCHANGED FOR $34.50 PER SHARE IN CONNECTION WITH THE CLOSING OF THE MERGER (ON OCTOBER 13, 2020) (THE "CLASS").
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United States District Court for the Northern District of California, that a hearing will be held on July 18, 2025, at 9:00 a.m. Class Members should check the Settlement Class website in advance of the Final Approval Hearing to determine whether that hearing will occur in person at the United States District Court for the Northern District of California, 450 Golden Gate Avenue, Courtroom 7, San Francisco, CA 94102 or via a remote link. The hearing will be held for the purpose of determining: (1) whether the proposed Settlement of the Litigation for $27.5 million should be approved by the Court as fair, reasonable, and adequate; (2) whether a Final Judgment and Order of Dismissal with Prejudice should be entered by the Court dismissing the Litigation with prejudice and releasing the Released Claims; (3) whether the Plan of Allocation for the Net Settlement Fund is fair, reasonable, and adequate and should be approved; and (5) whether the application of Class Counsel for the payment of attorneys' fees and expenses, and any service award to Co-Lead Plaintiffs pursuant to 15 U.S.C. §78u-4(a)(4), should be approved.
IF YOU HELD AIMMUNE COMMON STOCK AT ANY TIME DURING THE PENDENCY OF THE TENDER OFFER INVOLVING AIMMUNE, NESTLE, AND MERGER SUB (FROM SEPTEMBER 14, 2020 THROUGH OCTOBER 9, 2020 (THE "CLASS PERIOD")) AND HAD YOUR SHARES EXCHANGED FOR $34.50 PER SHARE IN CONNECTION WITH THE CLOSING OF THE MERGER, YOUR RIGHTS MAY BE AFFECTED BY THE SETTLEMENT OF THIS LITIGATION, INCLUDING THE RELEASE AND EXTINGUISHMENT OF CLAIMS YOU MAY POSSESS RELATING TO YOUR HOLDING(S) OF AIMMUNE COMMON STOCK DURING THE CLASS PERIOD. If you have not received the Notice of Pendency and Proposed Settlement of Class Action ("Notice") and the Proof of Claim and Release form, you may obtain copies by writing to In re Aimmune Therapeutics, Inc. Securities Litigation, RG/2 Claims Administration LLC, P.O. Box 59479, Philadelphia, PA 19102-9479, or info@rg2claims.com, by telephone at 1-866-742-4955, or on the Internet at www.rg2claims.com/aimmune.html. If you are a Class Member, in order to share in the distribution of the Net Settlement Fund, you must submit a Proof of Claim and Release by mail, postmarked no later than June 6, 2025, or online at www.rg2claims.com/aimmune.html no later than June 6, 2025, establishing that you are entitled to recovery.
If you are a Member of the Class and you desire to be excluded from the Class, you must submit a request for exclusion so that it is postmarked no later than June 6, 2025, in the manner and form explained in the detailed Notice referred to above. All Members of the Class who do not timely and validly request exclusion from the Class will be bound by any judgment entered in the Litigation pursuant to the Stipulation of Settlement.
Objections to the Settlement, the Plan of Allocation, Class Counsel's request for the payment of attorneys' fees and expenses, and any award to Co-Lead Plaintiffs must be submitted to the Court either by filing them electronically (if you are an attorney and have a PACER account) or in person at any location of the United States District Court for the Northern District of California on or before June 6, 2025 or by mailing them to the Court, postmarked no later than June 6, 2025 to the following address:
Clerk of the Court
United States District Court
Northern District of California
450 Golden Gate Avenue
San Francisco, CA 94102
PLEASE DO NOT CONTACT THE COURT OR THE COURT'S CLERK'S OFFICE REGARDING THIS NOTICE. If you have any questions about the Settlement, you may contact Class Counsel at the address listed below:
Class Counsel:
Monteverde & Associates PC
Juan E. Monteverde
The Empire State Building
350 Fifth Avenue, Suite 4740
New York, New York 10118
jmonteverde@monteverdelaw.com
(212) 971-1341
Michael J. Palestina
Kahn Swick & Foti, LLC
1100 Poydras Street, Suite 960
New Orleans, LA 70163
michael.palestina@ksfcounsel.com
(504) 455-1400
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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