WELCOME TO THE TINTRI SECURITIES LITIGATION WEBSITE
This website has been established to provide general information related to the proposed Settlement of the class action lawsuit referred to as In re Tintri, Inc. Securities Litigation, Lead Case No. 17-CIV-04312 (the “Action”), and pending before the Honorable Susan L. Greenberg in the Superior Court for the State of California, County of San Mateo (the “Court”). The capitalized terms used on this website, and not otherwise defined, shall have the same meanings ascribed to them in the Stipulation of Settlement, dated July 17, 2023 (the "Stipulation"), which can be found and downloaded by clicking on the Case Documents tab above.
The law firms of Robbins Geller Rudman & Dowd LLP, Bottini & Bottini, Inc., and Glancy Prongay & Murray LLP (collectively, "Lead Counsel") represent you and other Class Members. You will not be charged for these lawyers. They will be paid from the Settlement Fund to the extent the Court approves their application for fees and expenses. If you want to be represented by your own lawyer, you may hire one at your own expense.
WHAT IS THIS LAWSUIT ABOUT?
Plaintiffs Rustam Mustafin, Henrik Thorring, and Laurence Clayton claim that Defendants Tintri, Inc. ("Tintri" or the "Company"), Ken Klein, Ian Halifax, John Bolger, Charles Giancarlo, Adam Grosser, Kieran Harty, Harvey Jones, Christopher Schaepe, and Peter Sonsini (collectively, "Individual Defendants" and, together with Tintri, the "Tintri Defendants") and Defendants Morgan Stanley & Co. LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, KeyBanc Capital Markets Inc., Needham & Company, LLC, Piper Jaffray & Co. (n/k/a Piper Sandler Companies), Raymond James & Associates, Inc., and William Blair & Company, L.L.C. (collectively, the "Underwriter Defendants" and, together with the Tintri Defendants, "Defendants") violated Sections 11 and 15 of the Securities Act of 1933 ("Securities Act") by reason of material misrepresentations and omissions in the Registration Statement and Prospectus for Tintri’s June 30, 2017 initial public offering ("IPO"). Specifically, Plaintiffs allege the Offering Documents were misleading because they omitted material information about (among other things) growing dissatisfaction and attrition among the Company’s employees in the months leading up to the IPO. Plaintiffs also allege that going into the IPO, the Company struggled to keep its best sales personnel and engineers and was having trouble recruiting new employees. These facts allegedly were known to Tintri’s management before the IPO and were likely to have a material impact on the Company’s revenue.
If you purchased or otherwise acquired Tintri common stock pursuant or traceable to Tintri's Registration Statement and Prospectus issued in connection with its IPO (i.e., between June 30, 2017 and December 26, 2017, inclusive), you are a Class Member. 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.
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 of Pendency and Proposed Settlement of Class Action ("Notice").
ADDITIONAL INFORMATION
Although the information on this website is intended to assist you, it does not replace the information contained in the Notice and the Stipulation. We recommend you read the Notice and other relevant case documents carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
DO NOTHING
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Get no payment. Remain a Class Member. Give up your rights.
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SUBMIT A CLAIM FORM
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This is the only way to be potentially eligible to receive a payment from the Settlement. Proofs of Claim must be postmarked (if mailed) or received (if submitted online) no later than April 16, 2024.
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EXCLUDE YOURSELF
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This is the only way to keep the right to sue or continue to sue Defendants on your own about the legal issues in this case. If you submit a proper request for exclusion, you will not receive a settlement payment and you cannot object to the Settlement. You will also not be legally bound by anything that happens in this lawsuit. Exclusions must be postmarked no later than July 25, 2024.
Update (6/07/24): Requests for exclusion must be postmarked no later than August 1, 2024.
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OBJECT TO THE SETTLEMENT
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Write to the Court about why you do not like the Settlement, the Plan of Allocation, and/or the request for attorneys’ fees and expenses. Objections must be received by the Court and counsel by July 25, 2024.
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ATTEND THE HEARING ON AUGUST 15, 2024, AT 9:00 A.M.
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Ask to speak in Court about the fairness of the Settlement. Requests to speak must be received by the Court and counsel by July 25, 2024.
Update (6/07/24): The Settlement Fairness Hearing has been reset for August 22, 2024 at 9:00 A.M. PST.
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IMPORTANT DATES AND DEADLINES
Submit Proof of Claim
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April 16, 2024
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Request Exclusion
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July 25, 2024
Update (6/07/24): August 1, 2024
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Submit Objection
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July 25, 2024
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Submit Notice of Intent to Appear
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July 25, 2024
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Settlement Fairness Hearing
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August 15, 2024, at 9:00 A.M. PST
Update (6/07/24): August 22, 2024
at 9:00 A.M. PST
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