Lawsuit Overview
The settlement includes all persons who or which purchased securities of Mard Inc f/k/a KiOR Inc (NASDAQ: KIOR) during the period from June 24, 2011 and March 17, 2014.
February 14, 2017 - Parties filed a stipulation of settlement.
November 9, 2014 - Defendant filed a petition in the U.S. Bankruptcy Court for the District of Delaware. Claims against defendant are stayed. The plaintiff may reinstate these claims to the active docket on notice to this court of the discontinuance of the stay provided the notice is filed within 14 days after the bankruptcy stay is discontinued. No later than November 24, 2014, the parties must file a statement explaining the impact of the stay on the claims against the individual defendants.
May 29, 2014 - The court granted the plaintiff's motion for leave to file an amended complaint.
November 25, 2013 - The lead plaintiffs and lead counsel were appointed and all cases were consolidated.
November 15, 2013 - Lead plaintiff motions were filed.
August 20, 2013 - An investor in shares of KiOR Inc (NASDAQ: KIOR), filed a lawsuit in the U.S. District Court for the Southern District of Texas against KiOR Inc over alleged violations of Federal Securities Laws in connection with certain allegedly false and misleading statements made between August 14, 2012 and August 7, 2013.
According to the complaint the plaintiff alleges on behalf of all persons or entities who purchased or otherwise acquired securities of KiOR Inc (NASDAQ: KIOR) between August 14, 2012 and August 7, 2013, that KiOR Inc and certain of its officers and directors violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder.
More specifically, the plaintiff alleges that the defendants made false and/or misleading statements and/or failed to disclose that KiOR Inc was not on track to produce commercially meaningful quantities of biofuel at the Columbus facility in the amounts projected by management, that KiOR Inc lacked adequate internal and financial controls over its calculation and forecasting of production levels at the Columbus facility, and that as a result of the foregoing, KiOR Inc’s statements were materially false and misleading at all relevant times.
Shares of KiOR Inc (NASDAQ: KIOR) declined from $20.74 per share in September 2011 to as under $4 in April 2013.
On May 9, 2013, KiOR Inc reported its first quarter 2013 results. During a earnings call held on May 9, 2013, KiOR Inc’s CEO projected that total fuel production at the Columbus facility during the second quarter of 2013 would range between 300,000 and 500,000 gallons of fuel, thus keeping KiOR Inc on track to produce 3 million to 5 million gallons of fuel in 2013.
Then on August 8 2103, KiOR Inc reported its second quarter 2013 results. Among other things, KiOR Inc said that it shipped 75,000 gallons of fuel from the Columbus facility during the second quarter and that its second quarter 2103 revenue was $239,000.
Shares of KiOR Inc (NASDAQ: KIOR) declined from $4.92 per share on August 6, 2013, to as low as $2.35 per share on August 19, 2013.