UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
IN RE RESIDEO TECHNOLOGIES, INC. |
Case No. 19-cv-02863 (WMW/KMM) |
SUMMARY NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF
CLASS ACTION AND MOTION FOR ATTORNEYS’ FEES AND EXPENSES
To: All persons and entities who or which purchased or otherwise acquired the common stock of Resideo Technologies, Inc. (“Resideo” or the “Company”) during the period from October 15, 2018 through November 6, 2019, inclusive, and were damaged thereby (“Settlement Class”).
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the District of Minnesota, that Court-appointed Lead Plaintiffs The Gabelli Asset Fund, The Gabelli Dividend & Income Trust, Gabelli Focused Growth and Income Fund f/k/a The Gabelli Focus Five Fund, The Gabelli Multimedia Trust Inc., The Gabelli Value 25 Fund Inc., GAMCO International SICAV, GAMCO Asset Management Inc., Naya 1740 Fund Ltd., Naya Coldwater Fund Ltd., Naya Master Fund LP and Nayawood LP, and additional plaintiff Oklahoma Firefighters Pension and Retirement System, on behalf of themselves and all members of the proposed Settlement Class, and defendants Resideo, Michael G. Nefkens, Joseph D. Ragan III and Niccolo de Masi (collectively, “Defendants”), have reached a proposed settlement of the claims in the above-captioned class action (the “Action”) in the amount of $55,000,000 (the “Settlement”).
A hearing will be held before the Honorable Wilhelmina M. Wright, either in person or remotely in the Court’s discretion, on January 27, 2022, at 9:00 a.m. in Courtroom 7A of the United States District Court for the District of Minnesota, Warren E. Burger Federal Building and U.S. Courthouse, 316 North Robert Street, Saint Paul, MN 55101 (the “Settlement Hearing”) to determine whether the Court should: (i) approve the proposed Settlement as fair, reasonable and adequate; (ii) dismiss the Action with prejudice as provided in the Stipulation and Agreement of Settlement, dated August 17, 2021; (iii) approve the proposed Plan of Allocation for distribution of the proceeds of the Settlement (the “Net Settlement Fund”) to Settlement Class Members; and (iv) approve Co-Lead Counsel’s Fee and Expense Application. The Court may change the date of the Settlement Hearing, or hold it remotely, without providing another notice. You do NOT need to participate at the Settlement Hearing to receive a distribution from the Net Settlement Fund.
IF YOU ARE A MEMBER OF THE SETTLEMENT CLASS, YOUR RIGHTS WILL BE AFFECTED BY THE PROPOSED SETTLEMENT AND YOU MAY BE ENTITLED TO A MONETARY PAYMENT. If you have not yet received a full Notice and Claim Form, you may obtain copies of these documents by visiting the website for the Settlement, www.ResideoTechnologiesSettlement.com, or by contacting the Claims Administrator at:
Resideo Technologies Settlement
c/o JND Legal Administration
P.O. Box 91250
Seattle, WA 98111
www.ResideoTechnologiesSettlement.com
833-823-0043
Inquiries, other than requests for information about the status of a claim, may also be made to Co-Lead Counsel:
ENTWISTLE & CAPPUCCI LLP Andrew J. Entwistle, Esq. Frost Bank Tower 401 Congress Avenue, Suite 1170 www.entwistle-law.com 512-710-5960 |
LABATON SUCHAROW LLP
Ira A. Schochet, Esq. 140 Broadway
New York, NY 10005 www.labaton.com settlementquestions@labaton.com 888-219-6877 |
If you are a Settlement Class Member, to be eligible to share in the distribution of the Net Settlement Fund, you must submit a Claim Form postmarked or submitted online no later than March 4, 2022. If you are a Settlement Class Member and do not timely submit a valid Claim Form, you may not be eligible to share in the distribution of the Net Settlement Fund, but you will nevertheless be bound by all of the terms of the Stipulation and Agreement of Settlement, and all of the terms of the Judgment or any Alternative Judgments or orders entered by the Court relating to the Settlement, whether favorable or unfavorable.
If you are a Settlement Class Member and wish to exclude yourself from the Settlement Class, you must submit a written request for exclusion in accordance with the instructions set forth in the Notice so that it is received no later than January 6, 2022. If you properly exclude yourself from the Settlement Class, you will not be bound by any judgments or orders entered by the Court relating to the Settlement, whether favorable or unfavorable, and you will not be eligible to share in the distribution of the Net Settlement Fund.
Any objections to the proposed Settlement, Co-Lead Counsel’s Fee and Expense Application and/or the proposed Plan of Allocation must be filed with the Court, either by mail or in person, and be mailed to counsel for the Parties in accordance with the instructions in the Notice, such that they are received no later than January 6, 2022.
PLEASE DO NOT CONTACT THE COURT, DEFENDANTS OR
DEFENDANTS’ COUNSEL REGARDING THIS NOTICE.
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA