ALL RECORD HOLDERS AND ALL BENEFICIAL HOLDERS OF JAGUAR ANIMAL HEALTH, INC. (“JAGUAR” OR THE “COMPANY”) COMMON STOCK WHO PURCHASED, SOLD OR HELD SUCH STOCK DURING THE PERIOD FROM AND INCLUDING JUNE 30, 2017, THE RECORD DATE FOR VOTING ON THE MERGER BETWEEN JAGUAR AND NAPO PHARMACEUTICALS, INC. (“NAPO”), WHEREBY JAGUAR SHAREHOLDERS AND OPTION/WARRANT HOLDERS WOULD HOLD APPROXIMATELY 25% OF THE TOTAL OUTSTANDING STOCK OF THE COMBINED COMPANY (THE “MERGER”), THROUGH AND INCLUDING JULY 31, 2017, THE DATE THE MERGER CLOSED, INCLUDING ANY AND ALL OF THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, TRUSTEES, EXECUTORS, ADMINISTRATORS, ESTATES, LEGAL REPRESENTATIVES, HEIRS, ASSIGNS AND TRANSFEREES (THE “SETTLEMENT CLASS”).
Pursuant to an Order of the United States District Court for the Northern District of California, that a hearing will be held on May 27, 2021, at 1:30 p.m., before the Honorable Richard Seeborg. Settlement Class Members should check the Settlement Class website in advance of the Final Approval Hearing to determine whether that hearing will occur in person at the United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102 or via a remote link. The hearing will be held for the purpose of determining: (1) whether the proposed Settlement of the Litigation for $2.6 million should be approved by the Court as fair, reasonable, and adequate; (2) whether a Final Judgment and Order of Dismissal with Prejudice should be entered by the Court dismissing the Litigation with prejudice and releasing the Released Claims against Defendants and Defendants’ Released Persons; (3) whether final certification of the Settlement Class should be granted; (4) whether the Plan of Allocation for the Net Settlement Fund is fair, reasonable, and adequate and should be approved; and (5) whether the application of Lead Counsel for the payment of attorneys’ fees and expenses, and any award to Lead Plaintiff pursuant to 15 U.S.C. §78u-4(a)(4) should be approved.
IF YOU PURCHASED, SOLD OR HELD JAGUAR COMMON STOCK DURING THE PERIOD FROM AND INCLUDING JUNE 30, 2017, THROUGH AND INCLUDING JULY 31, 2017 (THE “SETTLEMENT CLASS PERIOD”), YOUR RIGHTS MAY BE AFFECTED BY THE SETTLEMENT OF THIS LITIGATION, INCLUDING THE RELEASE AND EXTINGUISHMENT OF CLAIMS YOU MAY POSSESS RELATING TO YOUR PURCHASE OR ACQUISITION OF JAGUAR COMMON STOCK DURING THE SETTLEMENT CLASS PERIOD.
If you are a Settlement Class Member, in order to share in the distribution of the Net Settlement Fund, you must submit a Proof of Claim and Release by mail (postmarked no later than June 25, 2021), or online through the claims portal link on the Notice/Claim page of this website, no later than June 25, 2021, establishing that you are entitled to recovery.
If you purchased or acquired Jaguar common stock during the Settlement Class Period and you desire to be excluded from the Settlement Class, you must submit a request for exclusion so that it is received no later than May 6, 2021, in the manner and form explained in the detailed Notice referred to above. All Members of the Settlement Class who do not timely and validly request exclusion from the Settlement Class will be bound by any judgment entered in the Litigation pursuant to the Stipulation of Settlement.
Any objection to the Settlement, the Plan of Allocation, Lead Counsel’s request for the payment of attorneys’ fees and expenses, and any award to Lead Plaintiff must be received by each of the recipients listed under Question 18 of the Notice, via hard copy and email no later than May 6, 2021.
PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE REGARDING THIS SETTLEMENT.
If you have any questions about the Settlement, you may contact Lead Counsel at:
Monteverde & Associates PC
Juan E. Monteverde
The Empire State Building
350 Fifth Avenue, Suite 4405
New York, New York 101187
Email: jmonteverde@monteverdelaw.com