Robbins Geller Rudman & Dowd LLP Announces Proposed Settlement in the Envision Securities Litigation

By: Robbins Geller Rudman & Dowd LLP via Business Wire

December 18, 2023 at 08:00 AM EST

The following statement is being issued by Robbins Geller Rudman & Dowd LLP regarding the Envision Securities Litigation:

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

In re ENVISION HEALTHCARE CORPORATION

SECURITIES LITIGATION

Civil Action No. 3:17-cv-01112

(Consolidated with Case Nos.

3:17-cv-01323 and 3:17-cv-01397)

CLASS ACTION

Honorable William L. Campbell, Jr.

Magistrate Judge Jeffery S. Frensley

This Document Relates To:

ALL ACTIONS.

SUMMARY NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION

TO:

ALL PERSONS AND ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED THE COMMON STOCK OF ENVISION HEALTHCARE CORPORATION (“EHC”) AND/OR ENVISION HEALTHCARE HOLDINGS, INC. (“EHH” AND COLLECTIVELY WITH EHC, “ENVISION”)¹ BETWEEN FEBRUARY 3, 2014 AND OCTOBER 31, 2017, INCLUSIVE (“CLASS” OR “CLASS MEMBERS”)

THIS NOTICE WAS AUTHORIZED BY THE COURT. IT IS NOT A LAWYER SOLICITATION. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY.

YOU ARE HEREBY NOTIFIED that a hearing will be held on March 21, 2024, at 10:00 a.m., before the Honorable William L. Campbell, Jr. at the United States District Court, Middle District of Tennessee, Nashville Division, Fred D. Thompson U.S. Courthouse and Federal Building, Courtroom 6D, 719 Church Street, Nashville, TN 37203, to determine whether: (1) the proposed settlement (the “Settlement”) of the above-captioned Litigation as set forth in the Stipulation of Settlement (“Stipulation”)² for $177.5 million in cash should be approved by the Court as fair, reasonable, and adequate; (2) the Judgment as provided under the Stipulation should be entered dismissing the Litigation with prejudice; (3) to award Plaintiffs’ Counsel attorneys’ fees and expenses out of the Settlement Fund (as defined in the Notice of Pendency and Proposed Settlement of Class Action (“Notice”), which is discussed below) and, if so, in what amount; (4) to pay Plaintiffs for their costs and expenses in representing the Class out of the Settlement Fund and, if so, in what amount; and (5) the Plan of Allocation should be approved by the Court as fair, reasonable, and adequate.

There exists the possibility that the Court may decide to conduct the Settlement Hearing by video or telephonic conference, or otherwise allow Class Members to appear at the hearing by phone or videoconference, without further written notice to the Class. In order to determine whether the date and time of the Settlement Hearing have changed, or whether Class Members must or may participate by phone or video, it is important that you monitor the Court’s docket and the Settlement website, www.EnvisionSecuritiesLitigation.com, before making any plans to attend the Settlement Hearing. Any updates regarding the Settlement Hearing, including any changes to the date or time of the hearing or updates regarding in-person or telephonic appearances at the hearing, will also be posted to that website. Also, if the Court requires or allows Class Members to participate in the Settlement Hearing by telephone or videoconference, the access information will be posted to the Settlement website, www.EnvisionSecuritiesLitigation.com.

IF YOU PURCHASED OR OTHERWISE ACQUIRED ENVISION COMMON STOCK BETWEEN FEBRUARY 3, 2014 AND OCTOBER 31, 2017, INCLUSIVE, YOUR RIGHTS ARE AFFECTED BY THE SETTLEMENT OF THIS LITIGATION.

To share in the distribution of the Settlement Fund, you must establish your rights by submitting a Proof of Claim and Release form (“Proof of Claim”) by mail (postmarked no later than April 8, 2024) or electronically (no later than April 8, 2024). Your failure to submit your Proof of Claim by April 8, 2024 will subject your claim to rejection and preclude your receiving any of the recovery in connection with the Settlement of this Litigation. If you purchased or otherwise acquired Envision common stock between February 3, 2014 and October 31, 2017, inclusive, and do not request exclusion from the Class, you will be bound by the Settlement and any judgment and release entered in the Litigation, including, but not limited to, the Judgment, whether or not you submit a Proof of Claim.

The Notice, which more completely describes the Settlement and your rights thereunder (including your right to object to the Settlement), the Proof of Claim, the Stipulation (which, among other things, contains definitions for the defined terms used in this Summary Notice), and other important documents, may be accessed online at www.EnvisionSecuritiesLitigation.com, or by writing to:

Envision Securities Litigation

Claims Administrator

c/o Gilardi & Co. LLC

P.O. Box 301170

Los Angeles, CA 90030-1170

Inquiries should NOT be directed to Envision, Defendants, the Court, or the Clerk of the Court.

Inquiries, other than requests for the Notice or for a Proof of Claim, may be made to Class Counsel:

ROBBINS GELLER RUDMAN & DOWD LLP

Ellen Gusikoff Stewart

655 West Broadway, Suite 1900

San Diego, CA 92101

Telephone: 1-800-449-4900

settlementinfo@rgrdlaw.com

IF YOU DESIRE TO BE EXCLUDED FROM THE CLASS, YOU MUST SUBMIT A REQUEST FOR EXCLUSION SUCH THAT IT IS POSTMARKED BY FEBRUARY 29, 2024, IN THE MANNER AND FORM EXPLAINED IN THE NOTICE. ALL CLASS MEMBERS WILL BE BOUND BY THE SETTLEMENT EVEN IF THEY DO NOT SUBMIT A TIMELY PROOF OF CLAIM.

IF YOU ARE A CLASS MEMBER, YOU HAVE THE RIGHT TO OBJECT TO THE SETTLEMENT, THE PLAN OF ALLOCATION, THE REQUEST BY PLAINTIFFS’ COUNSEL FOR AN AWARD OF ATTORNEYS’ FEES NOT TO EXCEED 30% OF THE $177.5 MILLION SETTLEMENT AMOUNT AND EXPENSES NOT TO EXCEED $1.9 MILLION, PLUS INTEREST ON BOTH AMOUNTS, AND/OR THE PAYMENT TO PLAINTIFFS FOR THEIR COSTS AND EXPENSES NOT TO EXCEED $95,000 IN THE AGGREGATE. ANY OBJECTIONS MUST BE FILED WITH THE COURT AND SENT TO CLASS COUNSEL AND DEFENDANTS’ COUNSEL BY FEBRUARY 29, 2024, IN THE MANNER AND FORM EXPLAINED IN THE NOTICE.

DATED: November 20, 2023	BY ORDER OF THE COURT
	UNITED STATES DISTRICT COURT
	MIDDLE DISTRICT OF TENNESSEE
	NASHVILLE DIVISION

¹On May 15, 2023, Envision Healthcare Corporation filed a voluntary petition under Title 11 of the United States Code, Chapter 11, Case No. 23-90342, in the United States Bankruptcy Court for the Southern District of Texas.

²The Stipulation can be viewed and/or obtained at www.EnvisionSecuritiesLitigation.com.