NEW YORK, Oct. 12, 2020 /PRNewswire/ —
IN THE COURT OF COMMON PLEAS OF
MONTGOMERY COUNTY, PENNSYLVANIA
IN RE BRIGHTVIEW HOLDINGS, INC.
Consolidated Case No. 2019-07222
SUMMARY NOTICE OF PENDENCY OF CLASS ACTION, PROPOSED
SETTLEMENT, AND MOTION FOR ATTORNEYS’ FEES AND EXPENSES
To: All persons and entities who or which purchased or otherwise acquired the publicly traded common stock of BrightView Holdings, Inc. (“BrightView” or the “Company”) pursuant and/or traceable to BrightView’s Offering Materials for its initial public offering of 24,495,000 shares.
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the Court of Common Pleas of Montgomery County, Pennsylvania, that Lead Plaintiff Gregory S. McComas, Sr., on behalf of himself and the proposed Settlement Class,1 and BrightView and the other defendants in the Action, have reached a proposed settlement of the above-captioned class action (the “Action”) in the amount of $11,500,000 that, if approved, will resolve the Action in its entirety (the “Settlement”).
A hearing will be held before the Honorable Jeffrey S. Saltz, remotely through video conferencing technology, at 1:30 p.m. EST on December 14, 2020 (the “Settlement Hearing”), to, among other things, determine whether the Court should: (i) approve the proposed Settlement as fair, reasonable, and adequate; (ii) dismiss the Action with prejudice as provided in the Stipulation and Agreement of Settlement, dated August 27, 2020; (iii) approve the proposed Plan of Allocation for distribution of the Net Settlement Fund; and (iv) approve Co-Lead Counsel’s Fee and Expense Application. The Court may change the date of the Settlement Hearing without providing another notice. You do NOT need to attend the Settlement Hearing to receive a distribution from the Net Settlement Fund.
IF YOU ARE A MEMBER OF THE SETTLEMENT CLASS, YOUR RIGHTS WILL BE AFFECTED BY THE PROPOSED SETTLEMENT AND YOU MAY BE ENTITLED TO A MONETARY PAYMENT.
If you have not yet received a Notice and Proof of Claim and Release form (“Claim Form”), you may obtain copies of these documents by visiting the website dedicated to the Settlement, www.BrightViewSecuritiesSettlement.com, or by contacting the Claims Administrator at:
BrightView Holdings, Inc. Securities Litigation
c/o A.B. Data, Ltd.
P.O. Box 173006
Milwaukee, WI 53217
Online Submissions: www.BrightViewSecuritiesSettlement.com
Inquiries, other than requests for the Notice/Claim Form or for information about the status of a claim, may also be made to Co-Lead Counsel:
Alfred L. Fatale III, Esq.
New York, NY 10005
Patrick V. Dahlstrom, Esq.
10 South La Salle Street
Chicago, IL 60603
Guillaume Buell, Esq.
THORNTON LAW FIRM LLP
1 Lincoln Street
Boston, MA 02111
If you are a Settlement Class Member, to be eligible to share in the distribution of the Net Settlement Fund, you must submit a Claim Form postmarked or submitted online no later than January 27, 2021. If you are a Settlement Class Member and do not timely 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 all judgments or orders entered by the Court in the Action, whether favorable or unfavorable.
If you are a Settlement Class Member and 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 such that it is received no later than November 23, 2020. 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, whether favorable or unfavorable, and you will not be eligible to share in the distribution of the Net Settlement Fund.
Any objections to the proposed Settlement, the proposed Plan of Allocation, and/or Co-Lead Counsel’s Fee and Expense Application must be filed with the Court and mailed to counsel for the Parties in accordance with the instructions in the Notice, such that they are filed and received no later than November 23, 2020.
PLEASE DO NOT CONTACT THE COURT, DEFENDANTS, OR
DEFENDANTS’ COUNSEL REGARDING THIS NOTICE.
DATED: OCTOBER 12, 2020
BY ORDER OF THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA
1 All terms not defined herein shall have the definition assigned to them in the Stipulation and Agreement of Settlement, dated August 27, 2020.
SOURCE Labaton Sucharow LLP, Thornton Law Firm LLP, and Pomerantz LLP