If you are a Settlement Class Member, your legal rights will be affected by this Settlement whether you act or do not act.
Please read the Notice carefully.
ALL PERSONS AND ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED BIOVENTUS CLASS A COMMON STOCK BETWEEN FEBRUARY 11, 2021, AND NOVEMBER 21, 2022, BOTH INCLUSIVE.
| Description | Due Date | |
|---|---|---|
Submit a Claim |
This is the only way to be eligible to receive a payment. If you are a Settlement Class Member, and do not exclude yourself from the Settlement Class, you will be bound by the Settlement as approved by the Court and you will give up any “Released Claims” that you have against the Defendants and their “Related Parties”. Proof of Claim and Release forms (“Proof of Claim”) are available using the “Claim Form” tab above and must be postmarked (if mailed) or received (if submitted online) on or before December 2, 2024. |
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Exclude Yourself |
If you exclude yourself from the Settlement Class, you will not be eligible to receive any payment from the Settlement Fund. This is the only option that potentially allows you to participate in another lawsuit against the Defendants or their Related Parties relating to the Released Claims being released in this case. Should you elect to exclude yourself from the Settlement Class, you should understand that Defendants and their Related Parties will have the right to assert any and all defenses they may have to any claims that you may seek to assert, including, without limitation, the defense that any such claims are untimely under applicable statutes of limitations and statutes of repose. Exclusions must be received on or before October 18, 2024. |
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Object |
You may write to the Court if you do not like this Settlement, the Plan of Allocation and/or the request for attorneys’ fees and expenses. You will still be a Member of the Settlement Class. Objections must be received by the Court and counsel for the Parties on or before November 22, 2024. |
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Go to a Hearing on December 13, 2024, at 9:30 A.M. |
Submitting a written objection and notice of intention to appear by November 22, 2024 allows you to speak in Court about the fairness of the Settlement, the Plan of Allocation and/or the request for attorneys’ fees and expenses. If you submit a written objection, you may (but you do not have to) attend the hearing and speak to the Court about your objection. |
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Do Nothing |
If you are a Member of the Settlement Class and you do not submit a Proof of Claim by December 2, 2024, you will not be eligible to receive any payment from the Net Settlement Fund. You will, however, remain a Member of the Settlement Class, which means that you give up your right to sue about the claims that are resolved by the Settlement and you will still be bound by any judgments or orders entered by the Court in the Litigation. |
How do I know if I am part of the Settlement Class?
For the purposes of settlement, everyone who fits the following description is a Settlement Class Member. Please read Question Number 7 in the Notice for exceptions to inclusion in the Settlement Class.
The Settlement Class includes all persons and entities who purchased or otherwise acquired Bioventus Class A common stock between February 11, 2021, and November 21, 2022, both inclusive (the “Class Period”), and were damaged thereby.
How much will my payment be?
Your payment (if any) will depend on several things, including the total dollar amount of claims represented by the valid Proofs of Claim that Settlement Class Members submit; the number of shares of Bioventus Class A common stock you purchased or acquired; how much you paid for those shares; when you purchased or acquired them; and if and when you sold your shares of Bioventus Class A common stock and for how much. The Claims Administrator will apply the Plan of Allocation to calculate the amount of your Recognized Claim, and your payment (if any) will be a portion of the Net Settlement Fund equal to your Recognized Claim divided by the total of all Authorized Claimants’ Recognized Claims.
The Settlement Hearing
The Court will hold a fairness hearing at 9:30 a.m., on December 13, 2024, at the L. Richardson Preyer Courthouse, 324 W. Market Street, Greensboro, North Carolina 27401-2544. At this hearing the Court will consider whether the Settlement is fair, reasonable, and adequate, consider any objections, and listen to people who have asked to speak at the hearing. The Court may move the date or time of the fairness hearing to a later date and/or time without further written notice to you.
Settlement Class Members do not need to attend the Settlement Hearing. The Court will consider any submission made in accordance with the provisions below even if a Settlement Class Member does not attend the hearing. You can participate in the Settlement without attending the Settlement Hearing.
Further Information
For more details regarding this case, please reference the documents filed in the case under the “Court Documents” section at the top of this website. You may also contact the Claims Administrator or Lead Counsel for further information regarding this case.
Claims Administrator:
Bioventus Securities Litigation
Claims Administrator
c/o A.B. Data, Ltd.
P.O. Box 173114
Milwaukee, WI 53217
Email: info@bioventussecuritieslitigation.com
Telephone: (877) 933-2890
Lead Counsel:
Joseph A. Fonti
Bleichmar Fonti & Auld LLP
300 Park Ave, Suite 1301
New York, NY 10022
Email: bioventussettlement@bfalaw.com
Telephone: (888) 879-9418