Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Special Situations Fund III QP, L.P. v. Marrone Bio Innovations, Inc.

United States District Court, E.D. California

July 24, 2019

SPECIAL SITUATIONS FUND III QP, L.P., SPECIAL SITUATIONS CAYMAN FUND, L.P, and DAVID M. FINEMAN, Individually and On Behalf of All Others Similarly Situated, Plaintiffs,
v.
MARRONE BIO INNOVATIONS, INC., PAMELA G. MARRONE, JAMES B. BOYD, DONALD J. GLIDEWELL, HECTOR ABSI, ELIN MILLER, RANJEET BHATIA, PAMELA CONTAG, TIM FOGARTY, LAWRENCE HOUGH, JOSEPH HUDSON, LES LYMAN, RICHARD ROMINGER, SHAUGN STANLEY, SEAN SCHICKEDANZ, and ERNST & YOUNG LLP, Defendants.

          LOWENSTEIN SANDLER LLP COUNSEL FOR LEAD PLAINTIFFS SPECIAL SITUATIONS FUND III QP, L.P. AND SPECIAL SITUATIONS CAYMAN FUND, L.P. AND LEAD COUNSEL FOR THE CLASS

          ORDER AND FINAL JUDGMENT APPROVING CLASS ACTION SETTLEMENT WITH DEFENDANT ERNST & YOUNG LLP

          MORRISON C. ENGLAND JR. JUDGE

         WHEREAS, a securities class action is pending in this Court entitled Special Situations FimdIIIQP, L.P. v. Marrone Bio Innovations, Inc., etal., Master No. 14-cv-2571 (the "Action");

         WHEREAS, Lead Plaintiffs Special Situations Fund III QP, L.P. and Special Situations Cayman Fund, L.P. ("Lead Plaintiffs" or "the Funds"), on behalf of themselves and the other members of the EY Settlement Class, and Defendant Ernst & Young LLP ("EY" or the "Settling Defendant," and together with Lead Plaintiffs, the "Settling Parties"), have determined to settle all claims asserted in the Action with prejudice on the terms and conditions set forth in the Stipulation and Agreement of Settlement dated January 14, 2019 (the "EY Stipulation), subject to the approval of the Court (the "EY Settlement");

         WHEREAS, unless otherwise defined in this Judgment, the capitalized terms herein shall have the same meaning as they have in the EY Stipulation;

         WHEREAS, by Order dated February 14, 2019 (the "Preliminary Approval Order"), this Court: (a) preliminarily approved the EY Settlement; (b) certified the Class solely for purposes of effectuating the EY Settlement; (c) ordered that notice of the proposed EY Settlement be provided to potential Class Members; (d) provided Class Members with the opportunity either to exclude themselves from the Class or to object to the proposed EY Settlement; and (e) scheduled a hearing regarding final approval of the EY Settlement;

         WHEREAS, due and adequate notice has been given to the Class;

         WHEREAS, the Court has considered, among other things, (a) whether the terms and conditions of the EY Settlement are fair, reasonable and adequate to the Class, and should therefore be approved; and (b) whether a judgment should be entered dismissing the Action with prejudice; and

         WHEREAS, the Court having reviewed and considered the EY Stipulation, all papers filed and proceedings held herein in connection with the EY Settlement, all oral and written comments received regarding the EY Settlement, and the record in the Action, and good cause appearing therefor;

         IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

         1. Jurisdiction - The Court has jurisdiction over the subj ect matter of the Action and all matters relating to the EY Settlement, as well as personal jurisdiction over Lead Plaintiffs, EY, and each of the EY Settlement Class Members.

         2. Incorporation of Settlement Documents - This Judgment incorporates and makes a part hereof: (a) the EY Stipulation filed with the Court on January 24, 2019; and (b) the Notice and the Summary Notice, both of which were filed with the Court on January 24, 2019.

         3. Class Certification for Settlement Purposes - The Court hereby affirms its determinations in the Preliminary Approval Order certifying, for settlement purposes only, the Action as a class action pursuant to Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure on behalf of a settlement class consisting of all persons and entities who or which purchased or otherwise acquired MBI common stock directly in or traceable to the Company's secondary offering pursuant to MBFs Form S-l Registration Statement, dated May 16, 2014, and its Prospectus dated June 5, 2014, and were damaged thereby. Excluded from the EY Settlement Class are MBI, EY, and the Individual Defendants; the Officers, directors, agents, parents, affiliates, subsidiaries, successors, predecessors, assigns, assignees, employees, Immediate Family, insurers and reinsurers, and attorneys of each of MBI and EY, in their capacities as such; any firm, trust, corporation, or other entity in which MBI, EY, and/or the Individual Defendants has or had a controlling interest; and any persons or entities that exclude themselves by submitting a request for exclusion that is accepted by the Court as valid.

         4. Adequacy of Representation - Pursuant to Rule 23 of the Federal Rules of Civil Procedure, and for settlement purposes only, the Court hereby affirms its determinations in the Preliminary Approval Order certifying Lead Plaintiffs as the Class Representative for the EY Settlement Class and appointing Lead Counsel as Class Counsel for the EY Settlement Class. Lead Plaintiffs and Lead Counsel have fairly and adequately represented the EY Settlement Class both in terms of litigating the Action and for purposes of entering ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.