Levi & Korsinsky, LLP Announces Proposed Settlement of the Depomed (nka Assertio Therapeutics) Securities Litigation

WASHINGTON, April 25, 2022 /PRNewswire/ -- 

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

SUMMARY NOTICE OF (I) PENDENCY OF CLASS ACTION, CERTIFICATION OF SETTLEMENT CLASS, AND PROPOSED SETTLEMENT; (II) SETTLEMENT FAIRNESS HEARING; AND (III) MOTION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF LITIGATION EXPENSES

TO:  All persons and entities who purchased or otherwise acquired common shares of Depomed, Inc., n/k/a Assertio Therapeutics, Inc. ("Depomed") from July 29, 2015 to August 7, 2017, inclusive:

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 Northern District of California, that the above-captioned litigation (the "Action") has been certified as a class action for purposes of the Settlement only on behalf of the Settlement Class, except for certain persons and entities who are excluded from the Settlement Class by definition as set forth in the full Notice of (I) Pendency of Class Action, Certification of Settlement Class, and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) Motion for an Award of Attorneys' Fees and Reimbursement of Litigation Expenses (the "Notice").

YOU ARE ALSO NOTIFIED that Plaintiffs in the Action have reached a proposed settlement of the Action for $1,000,000 in cash (the "Settlement"), that, if approved, will resolve all claims asserted or that could have been asserted in the Action. 

A hearing will be held on July 28, 2022 at 2:00 p.m., before the Honorable Jon S. Tigar at the United States District Court for the Northern District of California, via Zoom webinar (https://www.cand.uscourts.gov/zoom/), to determine (i) whether the proposed Settlement should be approved as fair, reasonable, and adequate; (ii) whether the Action should be dismissed with prejudice against Defendants, and the Releases specified and described in the Stipulation and Agreement of Settlement dated July 30, 2021 (and in the Notice) should be granted; (iii) whether the proposed Plan of Allocation should be approved as fair and reasonable; and (iv) whether Lead Counsel's application for an award of attorneys' fees and reimbursement of expenses should be approved. 

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.  The Notice and Proof of Claim and Release Form ("Claim Form"), can be downloaded from the website maintained by the Claims Administrator, www.DepomedSecuritiesLitigation.com. You may also obtain copies of the Notice and Claim Form by contacting the Claims Administrator at Depomed (n/k/a Assertio Therapeutics) Securities Ligitation, c/o Analytics Consulting LLC, P.O. Box 2004 Chanhassen, MN 55317-2004, 1-866-327-1934. 

If you are a member of the Settlement Class, in order to be eligible to receive a payment under the proposed Settlement, you must submit a Claim Form online or postmarked no later than AUGUST 17, 2022.  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 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 JULY 7, 2022, 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 judgments or orders entered by the Court in the Action and you will not be eligible to share in the proceeds of the Settlement. 

Any objections to the proposed Settlement, the proposed Plan of Allocation, or Lead Counsel's motion for attorneys' fees and reimbursement of expenses, must be filed with the Court no later than JULY 7, 2022, in accordance with the instructions set forth in the Notice.

Please do not contact the Court, the Clerk's office, Defendants, or its counsel regarding this notice. All questions about this notice, the proposed Settlement, or your eligibility to participate in the Settlement should be directed to Lead Counsel or the Claims Administrator.

Inquiries, other than requests for the Notice and Claim Form, should be made to Lead Counsel:

LEVI & KORSINSKY, LLP
Nicholas Porritt, Esq.
1101 30th Street, Suite 115
Washington, DC 20007
1-202-542-4290
[email protected]

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

Depomed (n/k/a Assertio Therapeutics) Securities Litigation

c/o Analytics Consulting LLC,
P.O. Box 2004
Chanhassen, MN 55317-2004
1-866-327-1934
www.DepomedSecuritiesLitigation.com

                                                                                                                                                           

By Order of the Court

DATED:  April 25, 2022

SOURCE Levi & Korsinsky