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      Kessler Topaz Meltzer & Check, LLP and Saxena White P.A. Announce Pendency of Class Action and Proposed Settlement of In re Apache Corp. Securities Litigation


      News provided by

      Kessler Topaz Meltzer & Check, LLP and Saxena White P.A.

      Jun 26, 2024, 10:00 ET

      Share this article

      Share this article


      HOUSTON, June 26, 2024 /PRNewswire/ --

      UNITED STATES DISTRICT COURT
      SOUTHERN DISTRICT OF TEXAS
      HOUSTON DIVISION

       

      IN RE APACHE CORP. SECURITIES LITIGATION

      Case No. 4:21-cv-00575

       

      District Judge George C. Hanks, Jr.

       

      Magistrate Judge Andrew M. Edison

       

      CLASS ACTION

      SUMMARY NOTICE OF: (I) PENDENCY OF CLASS ACTION AND PROPOSED SETTLEMENT;
      (II) SETTLEMENT HEARING; AND (III) MOTION FOR ATTORNEYS' FEES
      AND LITIGATION EXPENSES

      TO:  All persons or entities who purchased or otherwise acquired Apache Corp. common stock from
      September 7, 2016, through March 13, 2020, inclusive ("Class Period"), and were damaged thereby
      ("Settlement Class"):

      PLEASE READ THIS NOTICE CAREFULLY; YOUR RIGHTS WILL BE AFFECTED BY A
      CLASS ACTION LAWSUIT PENDING IN THIS COURT.

      YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the Southern District of Texas ("Court"), that the above-captioned action ("Action") has been provisionally certified as a class action for purposes of settlement, except for certain persons and entities who are excluded from the Settlement Class by definition as set forth in the Stipulation and Agreement of Settlement dated May 7, 2024 ("Stipulation") and the detailed Notice of: (I) Pendency of Class Action and Proposed Settlement; (II) Settlement Hearing; and (III) Motion for Attorneys' Fees and Litigation Expenses ("Notice"). The Stipulation and Notice can be viewed at www.ApacheSecuritiesSettlement.com.

      YOU ARE ALSO HEREBY NOTIFIED that Court-appointed Lead Plaintiffs Plymouth County Retirement Association and the Trustees of the Teamsters Union No. 142 Pension Fund (together, "Lead Plaintiffs"), and defendants Apache Corp. and its successor APA Corporation, a Delaware corporation listed on NASDAQ under the symbol APA ("Apache"), John J. Christmann IV, Timothy J. Sullivan, and Stephen J. Riney (collectively, "Defendants") have reached a proposed settlement of the Action on behalf of the Settlement Class for $65,000,000 in cash ("Settlement"). If approved by the Court, the Settlement will resolve all claims in the Action.

      A hearing ("Settlement Hearing") will be held on September 19, 2024 at 10:00 a.m., before the Honorable Andrew M. Edison, United States Magistrate Judge for the Southern District of Texas, in Courtroom 8B of the Bob Casey United States Courthouse, 515 Rusk Street, Houston, TX 77002, to determine, among other things: (i) whether the Settlement on the terms and conditions provided for in the Stipulation is fair, reasonable, and adequate to the Settlement Class, and should be finally approved by the Court; (ii) whether the Action should be dismissed with prejudice against Defendants and the releases specified and described in the Stipulation (and in the Notice) should be granted; and (iii) whether Lead Counsel's motion for attorneys' fees in an amount not to exceed 33⅓% of the Settlement Fund and payment of expenses in an amount not to exceed $1.9 million (which amount may include a request for reimbursement of the reasonable costs and expenses incurred by Lead Plaintiffs directly related to their representation of the Settlement Class) should be approved. Any updates regarding the Settlement Hearing, including any changes to the date or time of the hearing or updates regarding in-person or remote appearances at the hearing, will be posted to the website www.ApacheSecuritiesSettlement.com.

      If you are a member of the Settlement Class, your rights will be affected by the pending Action and the Settlement, and you may be entitled to share in the Settlement Fund. This notice provides only a summary of the information contained in the detailed Notice. You may obtain a copy of the Notice, along with the Claim Form, on the website for the Settlement, www.ApacheSecuritiesSettlement.com. You may also obtain a copy of the Notice and Claim Form by contacting the Claims Administrator by mail at Apache Corp. Securities Litigation, c/o A.B. Data, Ltd., P.O. Box 173035, Milwaukee, WI 53217; by calling toll free 1-877-311-3740; or by sending an email to [email protected].  Copies of the Notice and Claim Form can also be found on Lead Counsel's websites www.ktmc.com and www.saxenawhite.com.

      If you are a Settlement Class member, in order to be eligible to receive a payment from the proposed Settlement, you must submit a Claim Form postmarked (if mailed), or online via www.ApacheSecuritiesSettlement.com, no later than October 9, 2024, in accordance with the instructions set forth in the Claim Form. If you are a Settlement Class member and do not submit a proper Claim Form, you will not be eligible to share in the distribution of the net proceeds of the Settlement, but you will nevertheless be bound by any releases, judgments, or orders entered by the Court in the Action.

      If you are a member of the Settlement Class and wish to exclude yourself from the Settlement Class, you must submit a request for exclusion such that it is received no later than August 29, 2024, in accordance with the instructions set forth in the Notice. If you properly exclude yourself from the Settlement Class, you will not be bound by any releases, judgments, or orders entered by the Court in the Action and you will not receive any benefits from the Settlement. Excluding yourself from the Settlement Class is the only option that may allow you to be part of any other current or future lawsuit against Defendants or any of the other released parties concerning the claims being resolved by the Settlement.

      Any objections to the proposed Settlement, the proposed Plan of Allocation, and/or Lead Counsel's motion for attorneys' fees and Litigation Expenses must be filed with the Court and delivered to Lead Counsel and Defendants' Counsel such that they are received no later than August 29, 2024, in accordance with the instructions set forth in the Notice.

      PLEASE DO NOT CONTACT THE COURT, THE CLERK'S OFFICE, DEFENDANTS, OR DEFENDANTS' COUNSEL REGARDING THIS NOTICE. All questions about this notice, the Settlement, or your eligibility to participate in the Settlement should be directed to Lead Counsel or the Claims Administrator.

      Requests for the Notice and Claim Form should be made to the Claims Administrator:




      Apache Corp. Securities Litigation
      c/o A.B. Data, Ltd.
      P.O. Box 173035
      Milwaukee, WI 53217
      1-877-311-3740
      [email protected]
      www.ApacheSecuritiesSettlement.com



      All other inquiries should be made to Lead Counsel:




      Kessler Topaz Meltzer & Check, LLP

      Joshua E. D'Ancona, Esq.

      280 King of Prussia Road

      Radnor, PA 19087

      1-610-667-7706

      [email protected]

      Saxena White P.A.

      David R. Kaplan, Esq.

      505 Lomas Santa Fe Drive, Suite 180  

      Solana Beach, CA 92075

      1-858-997-0860

      [email protected]

       

      DATED:  June 26, 2024

      BY ORDER OF THE COURT
      United States District Court
      Southern District of Texas

      SOURCE Kessler Topaz Meltzer & Check, LLP and Saxena White P.A.

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