This Action was brought on behalf of all persons and entities who (a) purchased or otherwise acquired ProPetro common stock on the open market during the period from March 17, 2017 to March 13, 2020, both dates inclusive; or (b) purchased ProPetro common stock in or traceable to ProPetro’s Initial Public Offering on March 17, 2017.
On September 16, 2019, a class action complaint was filed in the United States District Court for the Western District of Texas, styled Logan v. ProPetro Holding Corp., et al., Case No. 7:19-CV-217. On December 16, 2019, the Court appointed Nykredit and the Oklahoma Funds as Lead Plaintiffs and approved Lead Plaintiffs’ selection of Bernstein Litowitz Berger & Grossmann LLP and Grant & Eisenhofer P.A. as Lead Counsel. On February 13, 2020, Lead Plaintiffs and Detroit Police & Fire filed the Amended Class Action Complaint for Violations of the Federal Securities Laws. On April 14, 2020, Plaintiffs filed the Second Amended Class Action Complaint for Violations of the Federal Securities Laws. On July 30, 2020, Plaintiffs filed the Third Amended Class Action Complaint for Violations of the Federal Securities Laws (the “Complaint”), which alleges that Defendants made materially false and misleading statements during the Class Period and in connection with ProPetro’s Initial Public Offering on March 17, 2017 (the “IPO”), in violation of Section 10(a) and 20(a) of the Securities Exchange Act of 1934 and Sections 11 and 15 of the Securities Act of 1933.
From the outset of the Action, Defendants have denied any wrongdoing or liability and consistently maintained that they never intentionally made any statement that was false or misleading, and that they made no false or misleading statements in the documents that comprised ProPetro’s registration statement for the IPO (the “Registration Statement”). Defendants believed at the time that ProPetro’s public statements made during the Class Period were truthful, accurate, and not misleading, and contained no material misstatements or omissions of fact. Defendants also believed, and continue to believe, that the Registration Statement was truthful, accurate, and not misleading, and contained no material misstatements or omissions of fact. Defendants believe that Plaintiffs cannot prove any element of their claims.
On August 31, 2020, Defendants filed motions to dismiss the Complaint. On September 30, 2020, Plaintiffs filed their omnibus memorandum of law in opposition to those motions and, on October 30, 2020, Defendants filed their reply papers.
On September 13, 2021, the Court entered an order granting in part and denying in part Defendants’ motions to dismiss the Complaint.
On October 22, 2021, Defendants filed a motion to strike portions of the Complaint under Federal Rule of Civil Procedure 12(f) contending that these portions were rendered “immaterial” and “impertinent” by the Court’s order dated September 13, 2021 granting in part and denying in part Defendants’ motions to dismiss the Complaint (the “Motion to Strike”). On November 5, 2021, Plaintiffs filed an opposition to the Motion to Strike.
On March 18, 2022, the Court granted the Motion to Strike.
On April 1, 2022, Defendants filed their Answers and Affirmative Defenses to the Complaint.
On May 27, 2022, Plaintiffs filed their motion for class certification (the “Class Certification Motion”) and supporting papers, including a report from an expert on market efficiency.
On July 1, 2022, Plaintiffs filed four supplemental declarations in support of the Class Certification Motion. On July 5, 2022, Defendants filed a motion to strike the supplemental declarations dated July 1, 2022 contending that they were untimely and improper declarations. On July 19, 2022, Plaintiffs filed an opposition to Defendants’ July 5, 2022 motion to strike the supplemental declarations.
On July 22, 2022 Defendants filed their opposition to Plaintiffs’ Class Certification Motion and a motion to exclude Plaintiffs’ market efficiency expert.
Discovery in this Action commenced in October 2021 and continued up until the parties agreed to stay all discovery on August 22, 2022. Plaintiffs prepared and served initial disclosures and a set of document requests on the Defendants. Additionally, Plaintiffs prepared and served document subpoenas on twenty non-parties. Plaintiffs also served interrogatories on ProPetro and Defendant Redman. Plaintiffs exchanged numerous letters and held numerous meet and confers with Defendants concerning discovery issues. Defendants and third parties produced a total of over 350,000 pages of documents to Plaintiffs, and Plaintiffs produced over 30,000 pages of documents to Defendants in response to their requests. A total of eight depositions of representatives for each of the Plaintiffs and of Plaintiffs’ expert on market efficiency were taken in connection with Plaintiffs’ motion for class certification, and eight additional depositions of Defendants and related witnesses were noticed.
On August 22, 2022, Lead Counsel for Plaintiffs and Counsel for Defendants informed the Court that a settlement had been reached.