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Insys Therapeutics, Inc. Securities Litigation

This official website is maintained by the Claims Administrator under the supervision of Class Counsel in the action titled Richard Di Donato v. Insys Therapeutics, Inc., et al., No. 16-cv-00302-NVW (the "Action"), pending in the United States District Court for the District of Arizona.

Pursuant to Court Order, the Settlement Fairness Hearing for the Kapoor Settlement was held on October 15, 2020.

The information contained on this webpage is only a summary of the information presented in more detail in the Notice of (I) Proposed Settlement with Defendant John N. Kapoor; (II) Settlement Fairness Hearing; and (III) Motion for Litigation Expenses (the “Kapoor Notice”), which you can access by clicking here. Since this is just a summary, you should review the Kapoor Notice for additional details.

Please be advised that the Court-appointed Lead Plaintiff and Class Representative for the Court-certified Class, Clark Miller, on behalf of himself and the Class, has reached a proposed settlement of the Action with defendant John N. Kapoor (“Defendant Kapoor”) for consideration of at least Seven Hundred Thousand Dollars in cash ($700,000) with the potential to increase to up to Ten Million Dollars in cash ($10,000,000), payable in accordance with the terms and schedule set forth in paragraph 31 of the Kapoor Notice (“Kapoor Settlement”). If approved, the Kapoor Settlement will resolve all claims in the Action against Defendant Kapoor. The terms and provisions of the Kapoor Settlement are contained in the Stipulation and Agreement of Settlement between Lead Plaintiff and Defendant John N. Kapoor dated July 1, 2020 (“Stipulation”).

Please Note: The Kapoor Settlement does not resolve any of the claims asserted against any other defendants in the Action.

 

YOUR LEGAL RIGHTS AND OPTIONS IN THE KAPOOR SETTLEMENT:
SUBMIT A CLAIM FORM POSTMARKED (IF MAILED), OR ONLINE, NO LATER THAN OCTOBER 10, 2020.

You must submit a Claim Form no later than October 10, 2020 in order to be eligible to receive a payment from the Settlement Fund. If you are a Class Member, you will be bound by the Settlement of the Action with Defendant Kapoor as approved by the Court and you will give up any Released Class Representative’s Claims (defined in ¶ 43 of the Notice) that you have against Defendant Kapoor and the other Settling Defendant’s Releases (defined in ¶ 44 of the Notice), so it is in your interest to submit a Claim Form no later than October 10, 2020.

 

Please Note: If you previously submitted a Claim Form in connection with the Baker Settlement, you need not submit another Claim Form in connection with this Settlement. See ¶ 49 of the Kapoor Notice.

OBJECT TO THE KAPOOR SETTLEMENT BY SUBMITTING A WRITTEN OBJECTION SO THAT IT IS RECEIVED NO LATER THAN SEPTEMBER 24, 2020. The deadline to object to the Settlement has passed on September 24, 2020.
GO TO A HEARING ON OCTOBER 15, 2020 AT 9:30 A.M., AND FILE A NOTICE OF INTENTION TO APPEAR SO THAT IT IS RECEIVED NO LATER THAN SEPTEMBER 24, 2020. The Settlement Fairness Hearing for the Kapoor Settlement was held on October 15, 2020.
DO NOTHING. If you are a member of the Class and you do not submit a valid Claim Form in connection with the Kapoor Settlement or the Baker Settlement, you will not be eligible to receive any payment from the Settlement Fund. You will, however, remain a member of the Class, which means that you give up your right to sue about the claims that are being resolved by the Kapoor Settlement and you will be bound by any judgments or orders entered by the Court in the Action.