Robbins Geller Rudman & Dowd LLP and Cotchett Pitre & McCarthy LLP Announce the Following Summary Notice of Pendency of Class Action in the Sunrun Shareholder Litigation
SAN FRANCISCO, Feb. 14, 2018 /PRNewswire/ -- The following statement is being issued by Robbins Geller Rudman & Dowd LLP and Cotchett Pitre & McCarthy LLP regarding the In re Sunrun Shareholder Litigation.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
IN RE SUNRUN SHAREHOLDER LITIGATION
Master File No.: CIV 538215
SUMMARY NOTICE OF PENDENCY OF CLASS ACTION
TO: ALL PERSONS AND ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED THE COMMON STOCK OF SUNRUN INC. BETWEEN AUGUST 5, 2015 AND JANUARY 31, 2016, INCLUSIVE, INCLUDING ALL PERSONS WHO PURCHASED SUNRUN COMMON STOCK DIRECTLY IN SUNRUN'S AUGUST 5, 2015 INITIAL PUBLIC OFFERING AT $14.00 PER SHARE.
Please be advised that your rights may be affected by a class action lawsuit pending in this Court if you purchased or otherwise acquired shares of the common stock of Sunrun Inc. ("Sunrun") between August 5, 2015 and January 31, 2016, inclusive, including if you purchased Sunrun common stock at $14 per share directly in Sunrun's Initial Public Offering on August 5, 2015.
A court authorized this notice. This is not a solicitation from a lawyer.
YOU ARE HEREBY NOTIFIED, pursuant to a Court Order dated December 29, 2017, that a Class and Subclass have been certified in a class action entitled In re Sunrun Shareholder Litigation, Case No. CIV538215 (the "Action"), currently pending before the Hon. Marie S. Weiner in the Superior Court of the State of California, San Mateo County (the "Court").
The Action is brought on behalf of all persons or entities who purchased or otherwise acquired shares of Sunrun common stock pursuant and/or traceable to Sunrun's August 5, 2015 Initial Public Offering (the "IPO") during the period August 5, 2015 through January 31, 2016, inclusive (the "Class"), and asserts claims against (a) Sunrun; (b) certain Sunrun officers and directors (the "Individual Defendants") who signed the Registration Statement and incorporated Prospectus for the IPO (the "Offering Materials"); (c) certain investors (the "Venture Capital Defendants"); and (d) the underwriters of Sunrun's IPO (the "Underwriter Defendants"). Plaintiffs, on behalf of the Class, allege that all Defendants violated § 11 of the federal Securities Act of 1933 (the "Act") because the Offering Materials, pursuant to which Sunrun shares of common stock were offered and sold in the IPO, contained materially false or misleading statements and/or omitted material information required by the securities laws to be disclosed. Plaintiffs also allege, on behalf of the Class, that each Individual Defendant is also liable for Sunrun's alleged violations of § 11 as a "controlling person" of Sunrun under § 15 of the Act.
Plaintiffs, on behalf of all persons or entities who purchased Sunrun common stock directly in the August 5, 2015 IPO (the "Subclass"), also allege that (a) Defendant Sunrun, the Individual Defendants, and the Underwriter Defendants violated § 12(a)(2) of the Securities Act because the Offering Materials contained materially false or misleading statements and/or omitted to disclose material information required to be disclosed therein; and (b) each Individual Defendant is liable for Sunrun's alleged violations of §12(a)(2) as a "controlling person" of Sunrun under § 15 of the Act.
Each Defendant denies any wrongdoing or having violated any provisions of the Act.
The Court has decided that the Action should proceed as a class action with respect to the § 11 (and related § 15) claims on behalf of a Class that (subject to certain exclusions) consists of "All persons and entities who purchased or otherwise acquired common stock before February 1, 2016 pursuant to or traceable to the Registration Statement issued in connection with Sunrun Inc.'s August 5, 2015 initial public offering." The Court has also certified a Subclass, with respect to the § 12(a)(2) (and related § 15) claims only, that consists of "all persons and entities who purchased common stock of Sunrun Inc. directly in the August 5, 2015 initial public offering."
If you are a Member of the Class (including the Subclass), your rights may be affected by this litigation. If you have not received a detailed Notice of Pendency of Class Action ("Notice"), you may obtain copies by writing to Notice Administrator, In re Sunrun Shareholder Litigation, c/o Garden City Group, LLC, P.O. Box 10559, Dublin, OH 43017-4521, tel. (800) 601-7495, or by downloading this information at www.SunrunSecuritiesLitigation.com. Inquiries, other than requests for a copy of the Notice, may be made to Co-Lead Class Counsel: Robbins Geller Rudman & Dowd LLP, c/o Rachel Jensen, 655 West Broadway, Suite 1900, San Diego, CA, 92101, tel. (800) 449-4900 or Cotchett, Pitre & McCarthy LLP, c/o Mark Molumphy, 840 Malcolm Rd., Burlingame, CA, 94010, tel. (650) 697-6000.
You have the right to request exclusion ("opt out") from the Class (which will also exclude you from the Subclass). If you do not request exclusion from the Class, you will be bound by past and any future rulings of the Court on the claims asserted against the Defendants, even if there is no recovery.
IF YOU WISH TO REMAIN IN THE CLASS, YOU DO NOT HAVE TO DO ANYTHING AT THIS TIME. HOWEVER, IF YOU WISH TO BE EXCLUDED FROM THE CLASS, YOU MUST SUBMIT A REQUEST FOR EXCLUSION BY APRIL 9, 2018, IN THE MANNER AND FORM EXPLAINED IN THE NOTICE. ALL MEMBERS OF THE CLASS WHO DO NOT VALIDLY REQUEST EXCLUSION FROM THE CLASS WILL BE BOUND BY ALL OF THE ORDERS THE COURT ISSUES AND JUDGMENTS THE COURT HAS OR WILL MAKE IN THE ACTION, EVEN IF THERE IS NO RECOVERY.
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING THIS NOTICE.
Dated: January 19, 2018
BY ORDER OF THE COURT
HON. MARIE S. WEINER
SUPERIOR COURT OF CALIFORNIA
FOR SAN MATEO COUNTY
SOURCE Robbins Geller Rudman & Dowd LLP and Cotchett Pitre & McCarthy, LLP
Share this article