Lawsuit Overview
Settlement Overview
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May 10, 2013 - The court approved the settlement, entered the orders approving the plan of allocation, the motion for attorneys’ fees and expenses, and dismissed the action with prejudice.
February 8, 2013 - The court preliminarily approved the settlement.
January 14, 2013 - Parties filed a stipulation of settlement.
June 15, 2012 - The defendants filed a motion to dismiss.
April 10, 2012 - The lead plaintiffs filed an amended consolidated complaint.
February 15, 2012 - Lead plaintiff and lead counsel were appointed and all cases were consolidated.
January 2012 - Ener1 Inc filed for bankruptcy and won interim court approval to borrow $13.5 million to finance operations during reorganization. Under the new plan Ener1 Inc's stock will be cancelled and new shares will be given to Bzinfin and holders of long term debt. The hearing is scheduled for February 27, 2012.
October 17, 2011 - Lead plaintiff motions were filed.
August 18, 2011 - An investor in shares of Ener1 Inc (NASDAQ: HEV now trading on the OTC sheets as HEVVQ) filed a lawsuit in the U.S. District Court for the Southern District of New York against Ener1 Inc over alleged Violations of Federal Securities Laws.
According to the complaint the plaintiff alleges on behalf of a class consisting of all purchasers of the securities of Ener1 Inc (NASDAQ: HEV) between January 10, 2011 and August 15, 2011, that Ener1 Inc and certain of its executive officers and/or directors violated federal securities laws by issuing allegedly false and/or misleading statements and/or failed to disclose certain material facts. In 2009 and 2010, Ener1 Inc made separate investments in electric-vehicle manufacturer Think Global, AS and its majority owner Think Holdings, AS.
Despite a substantial increase in Ener1 Inc’s 12months Total Revenue from $0.28million in 2007 to $77.41million in 2010, its Net Income decreased from a Net Loss of $63.94million in 2007, respectively $51.00million in 2009 to a Net Loss of $68.80million in 2010.
Shares of Ener1 Inc (NASDAQ: HEV) fell from as high as $7.29 per share during 2009 to under $3 per share during July 2010. HEV shares were able to reach $4.60 per share in November and traded during January 2011 at $4.22.
Then on May 11, 2011, Ener1 Inc reported its first quarter 2011 results. Ener1 Inc reported a first-quarter loss of 84.7 million, or $0.51 a share, “due primarily to an impairment charge” of $59.4 million related to the write-down of its investment in Think Holdings and the majority owner of Think Global, AS.
The average estimate of analysts was for a loss of 7 cents a share in the March quarter.
HEV shares fell from $2.45 on May 10 to $1.44 during May 13 and closed on Friday May 13, 2011 at $1.51 per share.
On June 22, 2011, Ener1 Inc disclosed that a material charge was required under GAAP applicable to Ener1 Inc related to the loans receivable of Think Holdings and accounts receivable of Think Global held by Ener1 Inc, based on the announcement by Think Global that, following an extended and ultimately unsuccessful search for long-term financing, it would be filing for bankruptcy proceedings in the Norwegian courts on June 22, 2011. Ener1 Inc estimated the amount of the charge would be $35.4 million, subject to change to the extent that Ener1 Inc received any recovery as a result of the liquidation of Think Global, but any recovery, to the extent it occurred, would not likely be significant.
Then on August 15, 2011, Ener1 Inc disclosed that its financial statements for the year ended December 31, 2010 and for the quarterly period ended March 31, 2011 should no longer be relied upon and should be restated.
HEV shares continued to decline from slightly above $1.50 in March to under $0.40 per share recently.