- What do I need to do next to participate in the Settlement?
If you purchased or otherwise acquired Tintri, Inc. (“Tintri”) common stock pursuant or traceable to Tintri's Registration Statement and Prospectus issued in connection with its June 30, 2017 initial public offering ("IPO") (i.e., between June 30, 2017 and December 26, 2017, inclusive), you could be entitled to a payment from a proposed Settlement.
For a full description of the Settlement, including a description of your rights under the Settlement and how to file a claim, click on the Case Documents page where you can download and review the Stipulation of Settlement ("Stipulation"), the Notice of Pendency and Proposed Settlement of Class Action ("Notice"), the Proof of Claim and Release ("Proof of Claim"), and other critical documents.
In order to participate in the Settlement, you must submit a Proof of Claim. For the most effective submission method, we recommend you submit a Proof of Claim on this website. There is a link found on the File Claim page under the header “Submit Your Claim Form Online.”
Note that the online link will be disabled at any time after the submission deadline and you will only be able to submit via mail.
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- What is this case about?
A brief background of the case is provided in the Notice on pages 1 and 2 and is also summarized on the home page of this website for your convenience. We do not have any more information regarding the background of this case available beyond what is provided in the Notice.
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- How do I know if I am a part of the Class?
The Court certified the following Class: all Persons and entities who purchased or otherwise acquired Tintri common stock pursuant or traceable to the Registration Statement and Prospectus issued in connection with Tintri’s June 30, 2017 initial public offering (i.e., between June 30, 2017 and December 26, 2017, inclusive). Excluded from the Class are: (i) Defendants; (ii) any Person who served as a partner, control person, executive officer or director of Tintri, or the Underwriters Defendants, and their immediate family members; (iii) present and former parents, subsidiaries, assigns, successors, affiliates, and predecessors of Tintri and the Underwriters Defendants; (iv) the Venture Investment Funds and each of their respective general partners; (v) any entity in which Defendants have or had a majority ownership interest; (vi) any trust of which any Individual Defendant is the settler or which is for the benefit of any Individual Defendant and/or their immediate family members; and (vii) the legal representatives, heirs, successors, and assigns of any person or entity excluded under provisions (i) through (vi) hereto. The foregoing exclusions shall not cover Investment Vehicles. For the avoidance of doubt, any limited partner, shareholder, member, manager, managing member, or director of any of the Venture Investment Funds may only participate in the Settlement with respect to those shares, if any, that were purchased or acquired in an open market transaction or some other transaction independent from any of the Venture Investment Funds and otherwise not directly or indirectly acquired by such person from any of the Venture Investment Funds. Also excluded from the Class are those Class Members who timely and validly request exclusion in accordance with the requirements set by the Court.
Please Note: Receipt of the Notice does not mean that you are a Class Member. Please check your records or contact your broker to see if you purchased or otherwise acquired Tintri common stock during the relevant period.
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- Do I qualify to submit a claim? Do I qualify for payment? Is my specific CUSIP eligible?
Please read the Notice and Class definition carefully and decide whether or not you wish to submit a Proof of Claim. If you are still not certain of eligibility and want for us to determine eligibility, you will need to submit a Proof of Claim along with supporting documentation for your transactions.
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- Can I submit my Proof of Claim via email?
Email is not an acceptable submission method and claims submitted via email will not be reviewed for eligibility. As indicated in the general instructions for the Proof of Claim, you must submit your claim online via this website or by postal mail. To submit your Proof of Claim by mail, mail your completed and signed Proof of Claim to the following address:
Tintri Securities Litigation
Claims Administrator
c/o Gilardi & Co. LLC
PO Box 301171
Los Angeles, CA 90030-1171
To submit your Proof of Claim online, use the link under the header “Submit Your Claim Form Online" on the File Claim page.
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- What does the Settlement provide?
The Settlement, if approved, will result in the creation of a cash settlement fund of $7,000,000.00 (the “Settlement Amount”). The Settlement Amount, plus accrued interest, is the Settlement Fund. The Settlement Fund minus the costs of the Notice and all costs associated with the administration of the Settlement, Taxes and Tax Expenses, attorneys’ fees and expenses, and any award to Plaintiffs in connection with their representation of the Class, as approved by the Court (the “Net Settlement Fund”), will be distributed to eligible Class Members pursuant to the Plan of Allocation that is described in the Notice.
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- How much will I get? Is it worth my time?
To be potentially eligible for a payment from the proceeds of the Settlement, you must be a member of the Class and must timely complete and return the Proof of Claim with adequate supporting documentation postmarked (if mailed) or received (if submitted online) no later than April 16, 2024.
The Plan of Allocation, discussed on pages 3 - 4 of the Notice, explains how the Net Settlement Fund will be allocated among purchasers and/or acquirers of Tintri common stock and how claimants’ “Recognized Loss” will be calculated. Your share of the Net Settlement Fund will depend on several things, including: (i) the quantity of Tintri common stock you bought or otherwise acquired; (ii) how much you paid for the common stock; (iii) when you bought or otherwise acquired such common stock; (iv) whether or when you sold such common stock (and, if so, for how much you sold them); and (v) the amount of Recognized Losses of other Authorized Claimants.
It is unlikely that you will get a payment for your entire Recognized Loss, given the number of potential Class Members. After all Class Members have sent in their Proofs of Claim, the payment any Authorized Claimant will get will be their pro rata share of the Net Settlement Fund based on the Plan of Allocation approved by the Court. In general, an Authorized Claimant’s share will be his, her or its Recognized Loss divided by the total of all Authorized Claimants’ Recognized Losses and then multiplied by the total amount in the Net Settlement Fund.
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- Do I have a lawyer in this Settlement?
The law firms of Robbins Geller Rudman & Dowd LLP, Bottini & Bottini, Inc., and Glancy Prongay & Murray LLP were appointed to represent all Class Members. These lawyers are called Lead Counsel. You will not be separately charged for the services of these lawyers.
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- When and where will the Court decide whether to approve the Settlement?
The Court will hold a Settlement Fairness Hearing at 9:00 a.m. PST, on August 15, 2024, before the Honorable Susan L. Greenberg, at the Superior Court for the State of California, County of San Mateo, Department 3, Courtroom 2B, 400 County Center, Redwood City, California 94063.
[Update (6/07/24): The Settlement Fairness Hearing has been reset for August 22, 2024 at 9:00 A.M. PST.]
If you want to come to the hearing, you should check with Lead Counsel before coming to be sure that the date and/or time has not changed.
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- Do I have to come to the Settlement Fairness Hearing?
No. Lead Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you validly submit an objection, it will be considered by the Court. You can, but do not have to, come to Court to talk about it.
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- May I speak at the Settlement Fairness Hearing?
If you wish to be heard orally at the Settlement Fairness Hearing, you are required to indicate in your written objection your intention to appear at the hearing and identify any witnesses you may call to testify and exhibits, if any, you intend to introduce into evidence. For more information regarding how to object, see Frequently Asked Question No. 16 below.
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- How do I get my stock records? You must have my records because you contacted me.
We do not hold stock records here. Gilardi & Co., LLC is a third-party administrator appointed by the Court to notify potential claimants. We are provided with names and addresses of potential claimants in order to notify individuals of settlements but do not have access to your private investment records. We recommend you contact the institution where you held your Tintri common stock and request proof or supporting documentation for your claim.
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- Should I file a claim, exclusion, objection, etc.?
We cannot advise you as to whether or not you should choose to submit a claim, exclusion or objection.
Unless you timely and validly exclude yourself, you are staying in the Class, and that means that you cannot sue, continue to sue, or be part of any other lawsuit against the Released Persons in this case. It also means that all of the Court’s orders will apply to you and legally bind you, and you will release your claims in this case against the Released Persons. The terms of the release are included in the Notice, Proof of Claim, and Stipulation.
If you do not submit a Proof of Claim, you will not receive any money from this Settlement but will still be part of the Class and subject to applicable releases.
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- What is the difference between objecting and excluding myself?
Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Class.
Excluding yourself is telling the Court that you do not want to be paid and do not want to release any claims you think you may have against the Released Persons. If you excluded yourself, you cannot object to the Settlement because it does not affect you.
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- How do I exclude myself from the Settlement?
To exclude yourself from the Class, you must send a signed letter by mail saying that you want to be excluded from the Class in the following Action: In re Tintri, Inc. Securities Litigation, Lead Case No. 17-CIV-04312. Be sure to include your name, address, telephone number, and the date(s), price(s), and number of Tintri shares that you purchased or acquired between June 30, 2017 and December 26, 2017, inclusive. Your exclusion request must be postmarked no later than July 25, 2024 and sent to the Claims Administrator at:
Tintri Securities Litigation
c/o Gilardi & Co. LLC
EXCLUSIONS
P.O. Box 5100
Larkspur, CA 94977-5100
[Update (6/07/24): Requests for exclusion must be postmarked by August 1, 2024.]
You cannot exclude yourself by phone or by email. If you make a proper request for exclusion, you will not receive a settlement payment, and you cannot object to the Settlement. If you make a proper request for exclusion, you will not be legally bound by anything that happens in this lawsuit.
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- How do I tell the Court that I object to the Settlement?
If you are a Class Member, you may object to the terms of the Settlement. Whether or not you object to the terms of the Settlement, you may also object to the requested attorneys’ fees and expenses, Plaintiffs’ request for awards for representing the Class, and/or the Plan of Allocation. In order for any objection to be considered, you must file a written statement, accompanied by proof of Class membership, with the Court and send a copy to Plaintiffs’ Counsel, the Tintri Defendants’ Counsel, and the Underwriter Defendants’ Counsel at the addresses listed below by July 25, 2024. The Court’s address is: Superior Court of California, County of San Mateo, Hall of Justice and Records, 400 County Center, Redwood City, CA 94063 c/o Clerk of the Court; Lead Counsel’s address is Robbins Geller Rudman & Dowd LLP, 655 West Broadway, Suite 1900, San Diego, CA 92101, c/o James I. Jaconette; the Tintri Defendants’ Counsel’s address is Wilson Sonsini Goodrich & Rosati, P.C., 650 Page Mill Road, Palo Alto, CA 94304, c/o Benjamin M. Crosson; and the Underwriter Defendants’ Counsel is O’Melveny & Myers LLP, 7 Times Square, New York, NY 10036, c/o Jonathan Rosenberg. Attendance at the Settlement Fairness Hearing is not necessary; however, persons wishing to be heard orally at the Settlement Fairness Hearing are required to indicate in their written objection their intention to appear at the hearing and identify any witnesses they may call to testify and exhibits, if any, they intend to introduce into evidence.
The Settlement Fairness Hearing may be adjourned by the Court without further written notice other than posting of the adjournment on this website. If you plan to attend the Settlement Fairness Hearing, you should confirm the date and time with Lead Counsel.
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- I have multiple accounts involving Tintri common stock. Do I need to submit multiple Proofs of Claim?
Separate Proofs of Claim should be submitted for each separate legal entity (e.g., a claim from joint owners should not include the transactions of just one of the joint owners, and an individual should not combine his or her IRA transactions with transactions made solely in the individual’s name).
However, a single Proof of Claim should be submitted on behalf of one legal entity that includes all transactions made by that entity, no matter how many separate accounts that entity has (e.g., a corporation with multiple brokerage accounts should include all transactions made in all accounts on one Proof of Claim).
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- How do I submit a claim on behalf of a deceased beneficial owner or his/her estate?
When filing on behalf of a deceased beneficial owner or their estate, you can submit a claim in the name of the individual, or, if an estate exists, you can submit on behalf of the estate. Note that any settlement proceeds will be made payable to the estate if that is how you submit that claim.
The claim submission should include a copy of the death certificate as well as proof of authority to file. As you are submitting a Proof of Claim as a representative on behalf of someone else (e.g., as an executor, administrator, trustee or other representative), you must document your authority to file on their (or their estate’s) behalf. Proof of authority can include a copy of the Last Will and Testament, Letters Testamentary, evidence of probate, proof of authority as executor or beneficiary and/or any other testamentary provisions of the deceased person. Do not send originals as any documents submitted with your claim will not be returned.
Depending on whether you submit on behalf of the individual on behalf of the estate, please provide the appropriate tax identification number or last four digits of the social security number and sign the Proof of Claim.
The claim must be submitted for the benefit of the actual beneficial owner/purchaser of the shares or their estate. Do not submit the Proof of Claim in the name of the deceased person’s family or other heirs. We must issue the check to the actual beneficial owner/purchaser of the shares. We cannot issue any applicable check in the name of the deceased person’s family, beneficiaries or other heirs.
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- What should I provide as documentation to support the transactions listed on my claim?
Sufficient documentation will provide proof of all the transaction information required by the Proof of Claim.
Suggested forms of documentation include, but are not limited to, photocopies of stockbrokers' confirmation slips or stockbrokers' monthly statements reflecting your transactions, opening and closing balances for the months specified on the Proof of Claim, and in which transactions during the relevant period occurred.
Stock certificates are not considered a sufficient form of documentation as they do not provide the necessary trade date and transaction price information. We are also unable to accept handwritten documents, self-prepared tax forms or spreadsheets, or statements that are illegible due to document quality.
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- The filing deadline has passed. Can I submit a late claim?
Please send your late submission when you are able, as we will continue to process late claims. Up until the point when we are prepared to distribute the settlement fund, late claims which are otherwise valid will be accepted. Distributions in settlements such as this typically take place ten months to a year after the filing deadline, but this is an average estimate and claims processing could take longer depending on various factors, including whether a large number of late claims are being submitted due to delays outside of the control of claimants.
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- How long does it take to process my claim?
The Settlement Fairness Hearing will be held on August 15, 2024 at 9:00 a.m. PST to decide whether to approve the Settlement.
[Update (6/07/24): The Settlement Fairness Hearing has been reset for August 22, 2024 at 9:00 A.M. PST.]
If the Court approves the Settlement, there might be appeals. It is always uncertain whether appeals can be resolved, and, if so, how long it would take to resolve them.
It also takes time for all the Proofs of Claim to be processed. Processing time on our cases can take an average of twelve months or more from the April 16, 2024 filing deadline. Once processing is complete, we must then wait for authorization from Counsel and/or the Court before we can distribute the funds which can take several additional months.
Please understand that this is an estimated timeframe for processing based on our experience which does not guarantee that all case processing will be completed within twelve months. Processing time varies from case to case and some cases may take more or less time based on the specifics of that case settlement.
If your claim has been received and we have any questions or need additional information or documentation to assist in the processing of your claim, we will contact you by using one or more of the contact methods (phone, e-mail, mail) which you listed on your Proof of Claim.
We will not have the final claim payout amount available until we have processed all of the claims, calculated the total loss of claims filed, and received approval from the Court and/or Plaintiffs' Counsel.
We appreciate your patience as accurate claims processing takes time.
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- What happens if I do nothing?
If you do nothing, you will not receive any money from this Settlement. In addition, unless you excluded yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Released Persons about the Released Claims in this case.
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