Lawsuit Overview
Settlement Overview
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The settlement includes all persons who purchased the common stock of Exide Technologies (NASDAQ: XIDE) between June 1, 2011 and May 24, 2013 and/or the 8 and 5/8% senior secured notes of Exide Technologies (NASDAQ: XIDE) between August 12, 2011 and November 9, 2012.
July 27, 2016 - The court approved the settlement, the plan of allocation, the motion for attorneys’ fees and expenses, and dismissed the action with prejudice.
April 6, 2016 - The court preliminarily approved the settlement.
March 7, 2016 - Parties filed a stipulation of settlement.
August 7, 2014 - The court denied the defendants' motion to dismiss, except for the dismissal of plaintiffs Section 15 claim against an individual defendant.
February 13, 2014 - The defendants filed a motion to dismiss.
January 30, 2014 - The plaintiffs filed an amended complaint.
December 19, 2013 - The court granted the motion to dismiss and granted plaintiff forty-five day to file an amended complaint.
October 21, 2013 - The defendants filed a motion to dismiss.
September 9, 2013 - Plaintiffs filed a consolidated complaint on behalf of purchasers of Exide Technologies (NASDAQ: XIDE) common shares between June 1, 2011 and May 24, 2012. The plaintiffs allege that the defendants violated the Securities Act of 1933 and the Securities Exchange Act of 1934 by issuing false and misleading statements between June 1, 2011 and May 24, 2012.
July 17, 2013 - The lead plaintiffs filed a notice of voluntary dismissal of their claims against the defendant without prejudice to refiling.
July 9, 2013 - The lead plaintiffs and lead counsel were appointed and all cases were consolidated.
June 14, 2013 - Lead plaintiff motions were filed.
April 15, 2013 - An investor in shares of Exide Technologies (NASDAQ: XIDE now trading on the OTC sheets as XIDEQ) filed a lawsuit in the U.S. District Court for the Central District of California against Exide Technologies over alleged violations of Federal Securities Laws in connection with certain allegedly false and misleading statements made between February 9, 2012 and April 3, 2013.
According to the complaint the plaintiff alleges on behalf of all persons or entities who purchased or otherwise acquired securities of Exide Technologies (NASDAQ: XIDE) between February 9, 2012 and April 3, 2013, that Exide Technologies and certain of its officers and directors violated the Securities Exchange Act of 1934 by issuing allegedly false and/or misleading statements, as well as failing to disclose material adverse facts about Exide Technologies’ business, operations, and prospects.
More specifically, the plaintiff alleges that defendants allegedly failed to disclose that Exide Technologies was polluting the environment with potentially fatal levels of arsenic, and exposing almost 110,000 residents near its Vernon, California battery recycling facility to dangerously high levels of pollutants and that Exide Technologies allegedly knew that based on actual and projected revenues and expenses it would not be able to meet its debt repayment obligations and other pledges and promises under its debt agreements and indentures.
The plaintiff claims that Exide Technologies allegedly knew that it could not satisfy its obligations under a $200 million revolving facility, a $675 million bond, and a $55.7 million floating rate convertible note due in September 2013; and that as a result, Exide Technologies allegedly knew its environmental liabilities, debt obligations and potential insolvency supported neither its statements to investors regarding its financials, its quarterly guidance, nor the inflated share price targets the investment community was modeling based on Defendants' statements and guidance between February 9, 2012 and April 3, 2013.
On March 22, 2013, the South Coast Air Quality Management District publicized a health risk assessment showing that Exide Technologies had exposed workers and residents living downwind of the Vernon facility to potentially cancerous levels of arsenic. On April 3, 2013, after close of business, an L.A. City Council committee instructed the Los Angeles City Attorney's office to explore legal action against Exide Technologies. The City Attorney was instructed to take action seeking to ensure that Exide Technologies addressed the City Council's concerns immediately .
On April 4, 2013, Exide Technologies announced that the financial advisory firm of Lazard has been retained to advise Exide Technologies on financing alternatives to maximize the value of Exide Technologies for all stakeholders.
Shares of Exide Technologies (NASDAQ: XIDE) dropped from $2.53 to as low as $1.21 on April 4, 2013.
On April 15, 2013, Exide Technologies (NASDAQ: XIDE) shares closed at $1.43 per share.