Berman Tabacco and Levi & Korsinsky, LLP Announce a Pendency of Class Action and Proposed Settlement for all Persons Who During The Period From May 19, 2016 through November 9, 2017, Inclusive, Purchased or Otherwise Acquired The Common Stock or Options to Purchase Common Stock of Aqua Metals, Inc.

SAN FRANCISCO, Oct. 20, 2021 /PRNewswire/ --

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

SUMMARY NOTICE OF PENDENCY OF CLASS ACTION AND PROPOSED SETTLEMENT, FINAL APPROVAL HEARING AND MOTION FOR ATTORNEYS' FEES AND REIMBURSEMENT OF LITIGATION EXPENSES

PLEASE READ THIS NOTICE CAREFULLY.  YOUR RIGHTS MAY BE AFFECTED BY THE PROPOSED SETTLEMENT OF A CLASS ACTION LAWSUIT PENDING IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (THE "COURT").

PLEASE DO NOT CONTACT THE COURT, AQUA METALS, INC., OR ANY OTHER DEFENDANT, OR THEIR COUNSEL, REGARDING THIS NOTICE.

ALL QUESTIONS ABOUT THIS NOTICE, THE PROPOSED SETTLEMENT, OR YOUR ELIGIBILITY TO PARTICIPATE IN THE PROPOSED SETTLEMENT SHOULD BE DIRECTED TO LEAD COUNSEL OR THE CLAIMS ADMINISTRATOR, WHOSE CONTACT INFORMATION IS PROVIDED BELOW.

YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the Court, that the Settlement Class in the above-captioned litigation (the "Action") has been preliminarily certified for the purposes of the proposed Settlement only. 

YOU ARE ALSO NOTIFIED that the Plymouth County Group (consisting of Plymouth County Retirement Association, Denis Taillefer, and his private company, 1103371 Ontario Ltd.) ("Lead Plaintiff"), on behalf of itself and the proposed Settlement Class, and the Defendants have reached a proposed settlement of the Action for $7 million, consisting of $6.5 million in cash and $500,000 in Aqua Metals common stock or cash (the "Settlement Amount"), that, if approved, will resolve all claims in the Action (the "Settlement").

A hearing (the "Final Approval Hearing") will be held before the Honorable Haywood S. Gilliam, Jr., United States District Court Judge for the Northern District of California, either via telephonic or video conference, or in Courtroom 2, 4th  Floor, United States Courthouse, 1301 Clay Street, Oakland, California at 2:00 p.m. on February 3, 2022, to, among other things, determine whether: (i) the proposed Settlement should be approved by the Court as fair, reasonable, and adequate; (ii) the Action should be dismissed with prejudice against the Defendants, as set forth in the Stipulation of Settlement ("Stipulation"), dated July 2, 2021; (iii) the proposed Plan of Allocation for distribution of the Settlement Fund, and any interest earned thereon, less Taxes, Notice and Administration Costs, Litigation Expenses awarded by the Court, attorneys' fees awarded by the Court, and any other costs, expenses or amounts as may be approved by the Court (the "Net Settlement Fund"), should be approved as fair and reasonable; (iv) the application of Lead Counsel for an award of attorneys' fees and reimbursement of Litigation Expenses should be approved; and (v) the application for an award to pay the time and expenses of Lead Plaintiff should be approved.  The Court may change the date of the Final Approval Hearing without providing another notice.  You do NOT need to attend the Final Approval Hearing in order to receive a distribution from the Net Settlement Fund.

IF YOU ARE A MEMBER OF THE SETTLEMENT CLASS, YOUR RIGHTS MAY BE AFFECTED BY THE PROPOSED SETTLEMENT AND YOU MAY BE ENTITLED TO SHARE IN THE NET SETTLEMENT FUND.  If you have not yet received (i) the printed Notice of Pendency of Class Action and Proposed Settlement, Final Approval Hearing, and Motion for Attorneys' Fees and Reimbursement of Litigation Expenses ("Notice") or (ii) the Proof of Claim and Release Form ("Claim Form"), you may obtain a copy of those documents from the Settlement website www.AquaMetalsSecuritiesLitigation.com or by contacting the Claims Administrator:

In re Aqua Metals, Inc. Securities Litigation
Claims Administrator
c/o A.B. Data, Ltd.
P.O. Box 170125
Milwaukee, WI 53217
Telephone: (877) 777-9255

Please refer to the website for more detailed information and to review the Settlement documents.  Inquiries other than requests for information about the status of a claim may also be made to Lead Counsel:

If you are a potential Settlement Class Member, to be eligible to share in the distribution of the Net Settlement Fund, you must timely submit a valid Claim Form, which can be found on the website listed above, postmarked no later than January 18, 2022.  If you are a potential Settlement Class Member and do not submit a valid Claim Form, you will not be eligible to share in the distribution of the Net Settlement Fund, but you will nevertheless be bound by any judgments or orders entered by the Court in the Action.

If you are a potential Settlement Class Member, but wish to exclude yourself from the Settlement Class, you must submit a written request for exclusion in accordance with the instructions set forth in the Notice, which can also be found on the website, postmarked no later than January 3, 2022.  If you are a potential Settlement Class Member and do not timely exclude yourself from the Settlement Class, you will be bound by any judgments or orders entered by the Court in the Action.

Any objections to the proposed Settlement, Plan of Allocation, Lead Counsel's application for attorneys' fees and reimbursement of Litigation Expenses, or the application for an award to pay the time and expenses of Lead Plaintiff must be submitted to the Court in accordance with the instructions set forth in the Notice and filed with the Court no later than January 3, 2022.

Source:
Berman Tabacco
Levi & Korsinsky, LLP

SOURCE Berman Tabacco and Levi & Korsinsky LLP