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

By: Robbins Geller Rudman & Dowd LLP via Business Wire

February 29, 2024 at 08:00 AM EST

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

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

RUBEN A. LUNA, Individually and on Behalf of		No. 1:19-cv-11662-LTS
All Others Similarly Situated,		(Consolidated)
	Plaintiff,
vs.		CLASS ACTION
CARBONITE, INC., et al.,		SUMMARY NOTICE OF PROPOSED
	Defendants.	SETTLEMENT OF CLASS ACTION

TO: ALL PERSONS AND ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED THE COMMON STOCK OF CARBONITE, INC. (“CARBONITE”) DURING THE PERIOD BETWEEN OCTOBER 18, 2018 AND JULY 25, 2019, 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 May 15, 2024, at 2:00 p.m., before the Honorable Leo T. Sorokin at the United States District Court, District of Massachusetts, John Joseph Moakley U.S. Courthouse, 1 Courthouse Way, Boston, MA 02210, to determine whether: (1) the proposed settlement (the “Settlement”) of the above-captioned Litigation as set forth in the Stipulation of Settlement (“Stipulation”) for $27.5 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 Lead Plaintiff’s 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 amounts; (4) to pay Lead Plaintiff for its 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 change the date and/or time of the Settlement Hearing, conduct the Settlement Hearing by video or telephonic conference, or otherwise allow Class Members to appear at the hearing by phone or video conference, 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.CarboniteSecuritiesLitigation.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 video conference, the access information will be posted to the Settlement website, www.CarboniteSecuritiesLitigation.com.

IF YOU PURCHASED OR OTHERWISE ACQUIRED CARBONITE COMMON STOCK BETWEEN OCTOBER 18, 2018 AND JULY 25, 2019, INCLUSIVE, AND WERE DAMAGED THEREBY, YOUR RIGHTS ARE AFFECTED BY THE SETTLEMENT OF THIS LITIGATION.

To share in the distribution of the Net 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 June 21, 2024) or electronically (no later than June 21, 2024). Your failure to submit your Proof of Claim by June 21, 2024, will subject your claim to rejection and preclude you from receiving any of the recovery in connection with the Settlement of this Litigation. If you purchased or otherwise acquired Carbonite common stock during the period between October 18, 2018 and July 25, 2019, 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.CarboniteSecuritiesLitigation.com, or by writing to:

Carbonite Securities Litigation

Claims Administrator

c/o Gilardi & Co. LLC

P.O. Box 301171

Los Angeles, CA 90030-1171

Inquiries should NOT be directed to Carbonite, 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 Lead 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 APRIL 24, 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 LEAD PLAINTIFF’S COUNSEL FOR AN AWARD OF ATTORNEYS’ FEES NOT TO EXCEED 33-1/3% OF THE $27.5 MILLION SETTLEMENT AMOUNT AND EXPENSES NOT TO EXCEED $600,000, PLUS INTEREST ON BOTH AMOUNTS, AND/OR THE PAYMENT TO LEAD PLAINTIFF FOR ITS COSTS AND EXPENSES NOT TO EXCEED $14,000. ANY OBJECTIONS MUST BE FILED WITH THE COURT AND SENT TO LEAD COUNSEL AND DEFENDANTS’ COUNSEL BY APRIL 24, 2024, IN THE MANNER AND FORM EXPLAINED IN THE NOTICE.