NEW YORK, July 19, 2021 / PRNewswire / –
CAUSE NO. 2016-70651
ST. LUCIE COUNTY FIRE DISTRICT
SOUTHWEST ENERGY COMPANY,
IN THE DISTRICT COURT OF
HARRIS COUNTY, TEXAS
61. DISTRICT OF JURISDICTION
SUMMARY NOTICE OF THE PROPOSED ASSIGNMENT OF A CLASSIC
TO: ALL PERSONS WHO HAVE ACQUIRED OR OTHERWISE ACQUIRED DEPOSITIVE INTERESTS ACCORDING TO OR RESPECTIVELY TO THE SOUTHWESTERN ENERGY COMPANY (“SOUTHWESTERN” OR THE “SOCIETY”) JANUARY 16, 2015, DECLARATION OF REGISTRATION AND WHO ALSO HAVE BEEN DAMAGED BY 1
THIS NOTICE HAS BEEN APPROVED BY THE COURT OF JUSTICE. IT IS NOT A LEGAL APPLICATION. PLEASE READ THIS NOTICE CAREFULLY AND COMPLETELY.
YOU ARE HEREBY INFORMING that a remote hearing will take place October 21, 2021, at the 1:00 pm, before the Honorable Fredericka Phillips at the 61st Judicial District Court of Harris County, Texas, 201 Caroline Street, 9th floor, Houston, Texas 77002 to determine whether: (i) the comparison as set forth in the provision for $ 7,000,000 cash should be recognized by the court as fair, fair and fair; (ii) The judgment as provided in the provision should be entered; (iii) pay the plaintiff’s legal fees and expenses out of the settlement fund, and if so, how much; (iv) to pay the Complainant from the Settlement Fund for his efforts to represent the Class, and if so, by what amount; and (v) the allocation plan should be approved by the court. Details of how to access the Settlement Fairness Hearing will be posted on the website www.SouthwesternEnergySecuritiesLitigation.com when it becomes available. Any updates and / or changes to the schedule of the settlement fairness hearing will also be published there. The court may adjourn or continue the settlement fairness hearing without further notice to the class action members.
The litigation is a consolidated securities class action under Sections 11, 12 (a) (2) and 15 of the Securities Act of 1933 (the “Securities Act”) filed on behalf of the persons who have bought or acquired shares pursuant to the Southwestern Depositary the registration statement against Southwestern, certain of its officers and directors and underwriters for the Offering (collectively, the “Defendants”) based on allegedly material false statements and omissions in the Company’s registration statement relating to the Offering. The plaintiff alleges that these allegedly false and misleading statements inflated the price of the Company’s depository shares, causing harm to the class plaintiffs if the truth was revealed. The defendants deny all of the plaintiff’s allegations.
IF YOU ACQUIRED OR HAVE ACQUIRED SOUTHWESTERN DEPOSITARY SHARES, ON OR AFTER JANUARY 16, 2015, YOUR RIGHTS MAY BE INFLUENCED BY THE SETTLEMENT OF RIGHT LAW.
In order to participate in the distribution of the settlement fund, you must exercise your rights by submitting a proof of entitlement and a release form (“proof of entitlement”) by post (postmarked by no later than October 12, 2021) or electronically (at the latest by October 12, 2021). Your failure to provide your proof of entitlement by October 12, 2021, subjects your claim to denial and precludes you from receiving any reclaim related to dispute resolution. If you are a member of the class and are not seeking disqualification, you are bound by the settlement and all judgments and indemnifications recorded in the litigation, including but not limited to the judgment, whether or not you file a lawsuit .
If you have not received a copy of the notice more fully describing the settlement and your rights under it (including your right to object to the settlement) and a proof of entitlement, you can download these documents, as well as a copy of the agreement and other settlement documents, online at www. SouthwesternEnergySecuritiesLitigation.com or by writing to:
Southwestern Securities Litigation Settlement
c / o AB Data, Ltd.
P.O. Box 173134
Milwaukee, WI 53217
Inquiries should NOT be directed to the defendant, the court or the bailiff. Inquiries that are not a notice or proof of entitlement can be directed to the plaintiff’s attorney:
SCOTT + SCOTT RECHTSANWÄLTE LLP
Randy L. Moonan
The Helmsley building
230 Park Avenue, 17th floor
New York, New York 10169
IF YOU NEED TO BE EXCLUDED FROM THE CLASS, YOU MUST SUBMIT AN EXCLUSION REQUESTS WITH THE POST MARKED BY SEPTEMBER 30, 2021, IN THE NATURE AND FORM DESCRIBED IN THE NOTICE. ALL MEMBERS OF THE CLASS WHO HAVE NOT REQUESTED EXCLUSION FROM THE CLASS ARE BOUND BY THE Settlement, EVEN IF THEY DO NOT PROVIDE TIMELY EVIDENCE OF CLAIM.
IF YOU ARE A CLASS MEMBER, YOU HAVE THE RIGHT TO OBJECT THE SETTLEMENT, DISTRIBUTION PLAN, APPLICANT’S REQUEST FOR LEGAL FEES AND EXPENSES AND / OR THE AWARD TO THE APPLICANT FOR CLASS REPRESENTATION. ANY OBJECTIONS MUST BE FILED IN THE COURT AND TO THE LAWYER OF THE APPLICANT AND THE ACCUSED BY. BE SENT SEPTEMBER 30, 2021, IN THE NATURE AND FORM DESCRIBED IN THE NOTICE.
DATED: 19 JULY, 2021
BY ORDER OF THE 61st COURT OF HARRIS COUNTY, TEXAS, THE HONEST FRIEDRICHA PHILLIPS.
1 For purposes of settlement only, “Class” includes any person who has purchased or otherwise acquired Southwestern Depositary Shares pursuant to or verifiable on the Registration Statement and who is alleged to have been harmed, unless otherwise excluded by the terms of the Agreement.
SOURCE Scott + Scott Lawyers LLP