The following statement is being issued by Robbins Geller Rudman & Dowd LLP regarding the Jernigan Securities Litigation:
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
In re JERNIGAN CAPITAL, INC. |
Master File No. 1:20-cv-09575-JLR-KHP | |
SECURITIES LITIGATION |
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CLASS ACTION | |
This Document Relates To: |
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SUMMARY NOTICE OF PENDENCY | |
ALL ACTIONS. |
AND PROPOSED SETTLEMENT OF | |
CLASS ACTION | ||
TO: ALL HOLDERS OF JERNIGAN CAPITAL, INC. (“JERNIGAN” OR THE “COMPANY”) COMMON STOCK AS OF SEPTEMBER 11, 2020, THE RECORD DATE FOR ELIGIBILITY TO VOTE ON THE GOING-PRIVATE TRANSACTION WHEREBY AFFILIATES OF NEXPOINT ADVISORS, L.P. ACQUIRED JERNIGAN’S OUTSTANDING PUBLICLY TRADED COMMON STOCK FOR $17.30 PER SHARE IN CASH (THE “TRANSACTION”), WHOSE SHARES WERE SOLD FOR $17.30 IN THE TRANSACTION (THE “CLASS”)
THIS NOTICE WAS AUTHORIZED BY THE COURT. IT IS NOT JUNK MAIL, AN ADVERTISEMENT, OR SOLICITATION FROM A LAWYER.
PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. YOUR RIGHTS MAY BE AFFECTED BY PROCEEDINGS IN THE LITIGATION. PLEASE NOTE THAT IF YOU ARE A CLASS MEMBER, YOU MAY BE ENTITLED TO SHARE IN THE PROCEEDS OF THE SETTLEMENT DESCRIBED IN THIS NOTICE. TO CLAIM YOUR SHARE OF THE SETTLEMENT PROCEEDS, YOU MUST SUBMIT A VALID PROOF OF CLAIM AND RELEASE FORM (“PROOF OF CLAIM”) POSTMARKED OR SUBMITTED ONLINE ON OR BEFORE JUNE 10, 2025.
YOU ARE HEREBY NOTIFIED that a hearing will be held on May 29, 2025, at 1:00 p.m. ET, before the Honorable Jennifer L. Rochon, at the United States District Court for the Southern District of New York, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007-1312, to determine whether: (1) the proposed settlement (the “Settlement”) of the above-captioned action, as set forth in the Stipulation of Settlement (“Stipulation”),1 for $12,000,000 in cash should be approved by the Court as fair, reasonable, and adequate; (2) the Judgment as provided under the Stipulation should be entered with prejudice; (3) to award Lead Counsel attorneys’ fees and expenses out of the Settlement Fund (as defined in the Notice of Pendency and Proposed Settlement of Class Action (“Notice”), which is discussed below), and, if so, in what amounts; (4) to award Lead Plaintiff for representing the Class out of the Settlement Fund and, if so, in what amount; and (5) the Plan of Allocation should be approved by the Court as fair, reasonable, and adequate.
IF YOU HELD JERNIGAN COMMON STOCK ON SEPTEMBER 11, 2020, THE RECORD DATE FOR ELIGIBILITY TO VOTE ON THE TRANSACTION, AND SOLD SHARES IN THE TRANSACTION, YOUR RIGHTS MAY BE AFFECTED BY THE SETTLEMENT OF THIS LITIGATION, INCLUDING THE RELEASE AND EXTINGUISHMENT OF CLAIMS YOU MAY POSSESS RELATING TO YOUR HOLDINGS OF JERNIGAN COMMON STOCK.
To share in the distribution of the Net Settlement Fund, you must establish your rights by submitting a Proof of Claim by mail (postmarked no later than June 10, 2025) or electronically via the website (no later than June 10, 2025). Failure to submit your Proof of Claim by June 10, 2025, will subject your claim to rejection and preclude you from receiving any of the recovery in connection with the Settlement. If you are a member of the Class and do not request exclusion therefrom as instructed, you will be bound by the Settlement and any judgment and releases entered in the Action, including, but not limited to, the Judgment, whether or not you submit a Proof of Claim.
If you have not received a copy of the Notice, which more completely describes the Settlement and your rights thereunder (including your right to object to the Settlement), and a Proof of Claim, you may obtain these documents, as well as a copy of the Stipulation (which, among other things, contains definitions for the defined terms used in this Summary Notice) and other settlement documents, online at www.JerniganSecuritiesSettlement.com, or by writing to or calling:
Jernigan Securities Settlement
Claims Administrator
c/o Verita Global
P.O. Box 301135
Los Angeles, CA 90030-1135
Telephone: 1-833-419-4863
Inquiries should NOT be directed to Defendants, the Court, or the Clerk of the Court.
Inquiries, other than requests for the Notice or for a Proof of Claim, may be made to Lead Counsel:
ROBBINS GELLER RUDMAN & DOWD LLP
Ellen Gusikoff Stewart
655 West Broadway
Suite 1900
San Diego, CA 92101
Telephone: 1-800-449-4900
settlementinfo@rgrdlaw.com
IF YOU DESIRE TO BE EXCLUDED FROM THE CLASS, YOU MUST SUBMIT A REQUEST FOR EXCLUSION SUCH THAT IT IS POSTMARKED BY MAY 8, 2025, IN THE MANNER AND FORM EXPLAINED IN THE NOTICE. ALL MEMBERS OF THE CLASS WHO HAVE NOT REQUESTED EXCLUSION FROM THE CLASS WILL BE BOUND BY THE SETTLEMENT EVEN IF THEY DO NOT SUBMIT A TIMELY PROOF OF CLAIM.
IF YOU ARE A CLASS MEMBER, YOU HAVE THE RIGHT TO OBJECT TO THE SETTLEMENT, THE PLAN OF ALLOCATION, AND THE REQUEST BY LEAD COUNSEL FOR AN AWARD OF ATTORNEYS’ FEES AND EXPENSES, AND/OR THE AWARD TO LEAD PLAINTIFF FOR REPRESENTING THE CLASS. ANY OBJECTIONS MUST BE FILED WITH THE COURT AND SENT TO LEAD COUNSEL AND DEFENDANTS’ COUNSEL BY MAY 8, 2025, IN THE MANNER AND FORM EXPLAINED IN THE NOTICE.
DATED: February 19, 2025 |
BY ORDER OF THE COURT |
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UNITED STATES DISTRICT COURT |
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SOUTHERN DISTRICT OF NEW YORK |
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1 The Stipulation can be viewed and/or obtained at www.JerniganSecuritiesSettlement.com. All capitalized terms used herein and not otherwise defined shall have the same meaning as ascribed to them in the Stipulation. |
View source version on businesswire.com: https://www.businesswire.com/news/home/20250319869622/en/
Contacts
Media:
Robbins Geller Rudman & Dowd LLP
Shareholder Relations Department
Greg Wood
(619) 231-1058