Lawsuit Overview
Settlement Overview
You must register to view and download the Settlement Notice and Settlement Proof.
July 2, 2015 - The court ordered the authorization of the distribution of the net settlement fund.
December 9, 2014 - 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.
August 21, 2014 - The court preliminarily approved the settlement.
July 9, 2014 - Parties filed a stipulation of settlement.
October 1, 2013 - The court vacated the order of dismissal and reopened the case.
September 26, 2013 - The court dismissed the case as settled.
July 30, 2013 - The court ordered the notice of call for dismissal withdrawn.
July 26, 2013 - The lead plaintiff filed a notice of call for dismissal.
February 19, 2013 - The court in part granted and in part denied the defendants’ motion to dismiss.
July 6, 2012 - Defendants filed a motion to dismiss.
June 1, 2012 - The lead plaintiff filed an amended consolidated complaint.
May 18, 2012 - Lead plaintiff and lead counsel were appointed.
March 19, 2012 - Lead plaintiff motion was filed.
January 18, 2012 - An investor in shares of HearUSA Inc (OTC: HEARQ) filed a lawsuit in the U.S. District Court for the District of New Jersey against Siemens Hearing Instruments Inc over alleged violations of Federal Securities Laws in connection with certain allegedly false and misleading statements made between January 18, 2011 and July 31, 2011.
According to the complaint the plaintiff alleges that Siemens Hearing Instruments Inc violated the Securities Exchange Act of 1934 by issuing a number of allegedly false and/or misleading statements in its public filings which caused HearUSA Inc (OTC: HEARQ) stock to decline.
Siemens Hearing Instruments Inc is engaged, in part, in the manufacture of hearing products, and HearUSA Inc was involved in the distribution of Siemens Hearing Instruments Inc’s hearing products.
Specifically the plaintiff alleges that Siemens Hearing Instruments Inc engaged in a fraudulent scheme to drive down the price of HearUSA Inc (OTC: HEARQ) common stock in an attempt to acquire HearUSA Inc’s assets for less than their fair market value by, in part, filing false and misleading statements with the U.S. Securities and Exchange Commission (“SEC”).
Additionally the complaint claims, Siemens Hearing Instruments Inc allegedly made a number of false and/or misleading statements that Siemens Hearing Instruments Inc at no point had the intention to acquire HearUSA Inc, despite the fact that it had been in the advanced stages of a negotiated buyout process for HearUSA Inc.
The plaintiff says that the public filings further stated that Siemens Hearing Instruments Inc, if it wanted to acquire HearUSA Inc, could do so at no consideration to shareholders because of debts owed to Siemens Hearing Instruments Inc by HearUSA Inc. But the complaint alleges that this assertion misrepresented the status and extent of the debt owed to Siemens Hearing Instruments Inc by HearUSA Inc and Siemens Hearing Instruments Inc’s ability to acquire HearUSA Inc pursuant to the credit agreement entered into between the two companies. The complaint alleges that, in making these statements, Siemens Hearing Instruments Inc effectively told the market that HearUSA Inc stock was worthless, and that the market responded accordingly.
Shares of HearUSA Inc (OTC: HEARQ) traded during May 2011 as low as $0.28 per share.
Then on May 16, 2011 HearUSA Inc voluntarily filed for chapter 11 protection and on July 25, 2011 HearUSA Inc (OTC: HEARQ) disclosed in a bankruptcy court filing that it received a bid to acquire substantially all of its assets from Audiology Distribution LLC, which is an affiliate of Siemens Hearing Instruments Inc.
Shares of HearUSA Inc (OTC: HEARQ) jumped from $0.35 per share on July 29, 2011 to $0.88 per share on August 1, 2011.