Nykredit Portefølje Administration A/S, et al. v. ProPetro Holding Corp., et al.
ProPetro Securities Litigation
Case No. MO:7:19-CV-00217-DC (W.D.Tex.)

Frequently Asked Questions

 

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  • The Notice was sent to you pursuant to an Order of a U.S. District Court because you or someone in your family or an account for which you serve as custodian may have: (a) purchased or otherwise acquired ProPetro common stock during the period from March 17, 2017 to March 13, 2020, both dates inclusive (“Class Period”); or (b) purchased ProPetro common stock in or traceable to ProPetro’s Initial Public Offering on March 17, 2017.

    The Notice explains the class action lawsuit, the Settlement, Settlement Class Members’ legal rights in connection with the Settlement, what benefits are available, who is eligible for them, and how to get them.

    The Court in charge of the Action is the United States District Court for the Western District of Texas, Midland/Odessa Division, and the case is known as Nykredit Portefølje Administration A/S et al. v. ProPetro Holding Corp. et al., No. MO:19-CV-217-DC.  The case has been assigned to the Honorable Walter David Counts III.  The entities representing the Settlement Class are Nykredit Portefølje Administration A/S (“Nykredit”), Oklahoma Firefighters Pension and Retirement System, Oklahoma Law Enforcement Retirement System, Oklahoma Police Pension and Retirement System, Oklahoma City Employee Retirement System (the “Oklahoma Funds”), and Police and Fire Retirement System of the City of Detroit (“Detroit Police & Fire”), also called the “Plaintiffs,” and the companies and individuals it sued are called the Defendants.

  • 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.

  • The Court has not decided in favor of Defendants or Plaintiffs.  Instead, both sides agreed to the Settlement to avoid the distraction, costs, and risks of further litigation, and Plaintiffs agreed to the Settlement in order to ensure that Settlement Class Members will receive compensation.

    Plaintiffs and Lead Counsel believe that the claims asserted against Defendants have merit.  They recognize, however, the significant expense and length of the continued proceedings that would be necessary to pursue their claims against Defendants through the completion of discovery, certification of the class, summary judgment, trial, and appeals, as well as the substantial risks they would face in establishing liability and damages.

    Defendants have argued, and would continue to argue, that they did not violate the federal securities laws.  More specifically, Defendants have argued, and would continue to argue, that they did not make any misleading statements or omissions and that any alleged misstatements were immaterial.  In addition, with respect to the Exchange Act claims, Defendants would contend that any alleged misstatements were not made with “scienter,” or fraudulent intent; and that Plaintiffs would not be able to prove that the alleged misleading statements or omissions caused Plaintiffs’ losses, or the amount of damages.  Overcoming these arguments would have presented significant challenges to Plaintiffs.

    In light of these risks, the amount of the Settlement, and the immediacy of recovery to the Settlement Class, Plaintiffs and Lead Counsel believe that the proposed Settlement is fair, reasonable, and adequate, and in the best interests of the Settlement Class.  Plaintiffs and Lead Counsel believe that the Settlement provides a favorable result for the Settlement Class, namely $30,000,000 in cash (less the various deductions described in the Notice), as compared to the risk that the claims in the Action would produce a smaller, or no, recovery after full discovery, a class certification motion, summary judgment, trial, and appeals, possibly years in the future.

    Defendants are entering into the Settlement solely to eliminate the uncertainty, burden, and expense of further protracted litigation.  Each of the Defendants denies any wrongdoing, and denies that Plaintiffs have asserted any valid claims as to any of them, and expressly deny any and all allegations of fault, liability, wrongdoing, or damages whatsoever.

  • The Settlement Class is comprised of all persons or entities who, (a) directly or through an intermediary 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, and were damaged thereby; or (b) purchased ProPetro common stock in or traceable to ProPetro’s Initial Public Offering on March 17, 2017.

    Excluded from the Settlement Class are: (i) Defendants; (ii) ProPetro’s affiliates and subsidiaries; (iii) the Officers and directors of ProPetro and its subsidiaries and affiliates at all relevant times; (iv) members of the Immediate Family of any excluded person; (v) heirs, successors and assigns of any excluded person or entity; and (vi) any entity in which any excluded person has or had a controlling interest.  Also excluded from the Settlement Class are any persons and entities that submit a request for exclusion that is accepted by the Court.

    Please Note:  Receipt of the Notice does not mean that you are a Settlement Class Member or that you will be entitled to receive a payment from the Settlement.  If you are a Settlement Class Member and you wish to be eligible to participate in the distribution of proceeds from the Settlement, you must have submitted the Proof of Claim Form that is being distributed with the Notice and the required supporting documentation as set forth therein postmarked or submitted online on or before February 23, 2023. This deadline has passed.

  • If you are still not sure whether you are included, you can ask for free help. You can contact the Claims Administrator toll-free at (877) 917-0135 or, contact Lead Counsel, to see if you qualify.

  • The Settlement provides that, in exchange for the release of the Released Claims (defined below) and dismissal of the Action, Defendants have agreed to cause to be paid by their insurers $30 million in cash to be distributed after any Taxes, Notice and Administration Costs, Litigation Expenses awarded by the Court, attorneys’ fees awarded by the Court, and any other costs and fees approved by the Court, pro rata, to Settlement Class Members who send in a valid Proof of Claim Form pursuant to the Court-approved Plan of Allocation.  The Plan of Allocation is described in more detail at the end of the Notice.

  • Your share of the Net Settlement Fund will depend on several things, including the total amount of claims represented by the valid Proof of Claim Forms that Settlement Class Members send in, compared to the amount of your claim, all as calculated under the Plan of Allocation discussed at the end of the Notice.

  • To be eligible to receive a payment from the Settlement, you must have submitted a Proof of Claim Form.  A Proof of Claim Form is enclosed with the Notice or it may be downloaded from the Claim Form page of this website. You must have, filled out the Proof of Claim Form, included all the documents the form asks for, signed it, and mailed or submit it online so that it was postmarked or received no later than February 23, 2023 (Deadline has passed)

  • The Court will hold a Settlement Hearing on May 11, 2023 at 1:30 p.m., to decide whether to approve the Settlement.  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 Proof of Claim Forms to be processed.  Please be patient.  As of the date of the Notice, the Court has preliminarily approved the Settlement Agreement and the Settlement set forth therein, and found that the Settlement has resulted from arms-length bargaining between the parties and as such may be submitted to the Settlement Class for consideration pursuant to Rule 23(e)(1)(B)(i) of the Federal Rules of Civil Procedure.  Those matters will be addressed by the Court at the Settlement Hearing.

  • Unless you timely and validly exclude yourself, you are staying in the Settlement Class, and that means you and your respective heirs, executors, administrators, predecessors, successors, and assigns, in their capacities as such, cannot sue, continue to sue, or be part of any other lawsuit against the “Defendants’ Releasees” (as defined below) about “Released Plaintiffs’ Claims” (as defined below) in this case.  It also means that all of the Court’s orders will apply to you and legally bind you.  If you remain a Settlement Class Member, and if the Settlement is approved, you will give up all “Released Plaintiffs’ Claims” (as defined below), including “Unknown Claims” (as defined below), against the “Defendants’ Releasees” (as defined below):

    • “Class Period” means the period from March 17, 2017 to March 13, 2020, both dates inclusive.
    • “Complaint” means the Third Amended Class Action Complaint filed in the Action on July 30, 2020.
    • “Defendants” means ProPetro and the Individual Defendants.
    • “Defendants’ Releasees” means Defendants and their respective current and former parents, affiliates, subsidiaries, officers, directors, agents, successors, predecessors, assigns, assignees, partnerships, partners, trustees, trusts, employees, Immediate Family members, insurers, reinsurers, and attorneys, in their capacities as such.
    • “Detroit Police & Fire” means plaintiff Police and Fire Retirement System of the City of Detroit. 
    • “Effective Date” means the first date by which all the events and conditions specified in paragraph 33 of the Stipulation of Settlement have been met and have occurred or have been waived.
    • “Immediate Family” means children, stepchildren, parents, stepparents, spouses, siblings, mothers-in-law, fathers-in-law, sons-in-law, daughters-in-law, brothers-in-law, and sisters-in-law.  As used in this paragraph, “spouse” shall mean a husband, a wife, or a partner in a state-recognized domestic relationship or civil union.
    • “Individual Defendants” means Dale Redman, Jeffrey Smith, Ian Denholm, and Spencer D. Armour III.
    • “Judgment” means the final judgment to be entered by the Court approving the Settlement.
    • “Lead Counsel” means the law firms of Bernstein Litowitz Berger & Grossmann LLP and Grant & Eisenhofer P.A.
    • “Lead Plaintiffs” means Nykredit Portefølje Administration A/S, Oklahoma Firefighters Pension and Retirement System, Oklahoma Law Enforcement Retirement System, Oklahoma Police Pension and Retirement System, and Oklahoma City Employee Retirement System.
    • “Officer” means any officer as that term is defined in Securities and Exchange Act Rule 16a-1(f). 
    • “Parties” means Defendants and Plaintiffs, on behalf of themselves and the Settlement Class.
    • “Plaintiffs” means Lead Plaintiffs and Detroit Police & Fire.
    • “Plaintiffs’ Counsel” means Lead Counsel; Martin & Drought, P.C., liaison counsel for Plaintiffs and the Settlement Class; and Clark Hill PLC, counsel for Detroit Police & Fire.
    • “Plaintiffs’ Releasees” means Plaintiffs, Plaintiffs’ Counsel, Settlement Class Members, and their respective current and former parents, affiliates, subsidiaries, officers, directors, agents, successors, predecessors, assigns, assignees, partnerships, partners, trustees, trusts, employees, Immediate Family members, insurers, reinsurers, and attorneys, in their capacities as such.
    • “Released Claims” means all Released Defendants’ Claims and all Released Plaintiffs’ Claims. 
    • “Released Defendants’ Claims” means all claims and causes of action of every nature and description, whether known claims or Unknown Claims, whether arising under federal, state, common or foreign law, that arise out of or relate to the prosecution or settlement of the claims asserted against Defendants in the Action.  Released Defendants’ Claims do not include: (i) any claims relating to the enforcement of the Settlement; (ii) any claims against any person or entity that submits a request for exclusion from the Settlement Class that is accepted by the Court; or (iii) any claims that any Defendant may have under or relating to any policy of liability, any other insurance policy, or any contractual or statutory right to indemnification. For the avoidance of doubt, the Stipulation shall not release any insurer, co-insurer, excess insurer, or re-insurer from any obligation owed to any Defendant in the Action for indemnity or coverage under or relating to any policy of liability or other insurance policy.
    • “Released Plaintiffs’ Claims” means all claims and causes of action of every nature and description, whether known claims or Unknown Claims, whether arising under federal, state, common or foreign law, that Plaintiffs or any other member of the Settlement Class (i) asserted in any complaint filed in the Action, including the Complaint (the “Complaints”), (ii) could have asserted in any forum that arise out of or are based upon the allegations, transactions, facts, matters or occurrences, representations or omissions involved, set forth, or referred to in the Complaints and that relate to the purchase or acquisition of ProPetro common stock during the Class Period or in or traceable to the Company’s March 17, 2017 Initial Public Offering; or (iii) that arise out of or relate in any way to the institution, prosecution, or settlement of the claims against Defendants.  Released Plaintiffs’ Claims do not include:  (i) the claims asserted in any shareholder derivative action and (ii) any claims relating to the enforcement of the Settlement.
    • “Releasee(s)” means each and any of the Defendants’ Releasees and each and any of the Plaintiffs’ Releasees.
    • “Settlement” means the settlement between Plaintiffs, on behalf of the Settlement Class, and Defendants on the terms and conditions set forth in the Settlement Agreement.
    • “Settlement Class” means all persons and entities who (a) purchased or otherwise acquired ProPetro common stock on the open market during the Class Period, and were damaged thereby, or (b) purchased ProPetro common stock in or traceable to the Company’s March 17, 2017 Initial Public Offering.  Excluded from the Settlement Class are Defendants; ProPetro’s affiliates and subsidiaries; the Officers and directors of ProPetro and its subsidiaries and affiliates at all relevant times; members of the Immediate Family of any excluded person; heirs, successors and assigns of any excluded person or entity; and any entity in which any excluded person has or had a controlling interest.  Also excluded from the Settlement Class are any persons and entities that submit a request for exclusion that is accepted by the Court.
    • “Settlement Class Member” means each person and entity who or which is a member of the Settlement Class.
    • “Unknown Claims” means any Released Plaintiffs’ Claims that Plaintiffs or any other Settlement Class Member does not know or suspect to exist in his, her, or its favor at the time of the release of such claims, and any Released Defendants’ Claims that any Defendant does not know or suspect to exist in his or its favor at the time of the release of such claims, and that, if known by him, her, or it, might have affected his, her, or its decision(s) with respect to this Settlement.  With respect to any and all Released Claims, the Parties stipulate and agree that, upon the Effective Date of the Settlement, Plaintiffs and Defendants shall expressly waive, and each of the other Settlement Class Members shall be deemed to have waived, and by operation of the Judgment shall have expressly waived, any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or principle of common law or foreign law that is similar, comparable, or equivalent to California Civil Code §1542, which provides:

    A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

    Plaintiffs and Defendants acknowledge, and each of the other Settlement Class Members shall be deemed by operation of law to have acknowledged, that the foregoing waiver was separately bargained for and a key element of the Settlement.

  • To exclude yourself from the Settlement Class and the Settlement, you must send a letter by First-Class Mail stating that you “request exclusion from the Settlement Class in the ‘ProPetro Securities Settlement.’”  Your letter must identify your purchases or acquisitions of ProPetro common stock during the Class Period, including the dates, the number of ProPetro shares purchased or acquired, and price paid for each such purchase or acquisition, and whether the shares were purchased in or traceable to the ProPetro Initial Public Offering.  In addition, you must include your name, address, telephone number, and your signature.  Alternatively, you may email your application to the address below.

    You must submit your exclusion request so that it is received no later than March 21, 2023 (Deadline has passed) to:

    EXCLUSIONS
    ProPetro Securities Litigation
    c/o JND Legal Administration
    P.O. Box 91309
    Seattle, Washington 98111
    (877) 917-0135

    If you ask to be excluded, you will not get any payment from the Settlement, and you cannot object to the Settlement.  You will not be legally bound by anything that happens in this lawsuit, and you may be able to sue Defendants’ Releasees about the Released Plaintiffs’ Claims in the future.
     

  • No.  Unless you exclude yourself, you give up any rights you may potentially have to sue Defendants’ Releasees for any and all Released Plaintiffs’ Claims.  If you have a pending lawsuit against any Releasees, speak to your lawyer in that case immediately.  You must exclude yourself from the Settlement Class in this Action to continue your own lawsuit.  Remember, the exclusion deadline is March 21, 2023. This deadline has passed.

  • No.  If you exclude yourself, you should not send in a Proof of Claim Form to ask for any money.  But you may have the right to potentially sue or be part of a different lawsuit against Defendants’ Releasees.

  • The Court has appointed Bernstein Litowitz Berger & Grossmann LLP and Grant & Eisenhofer P.A. to represent the Settlement Class Members, including you.  These lawyers are called Lead Counsel.  If you want to be represented by your own lawyer, you may hire one at your own expense.

  • Lead Counsel will apply to the Court for an award of attorneys’ fees not to exceed 20% of the Settlement Amount, plus interest on such fees at the same rate as earned by the Settlement Fund, and for litigation expenses, costs and charges incurred in connection with the Action in an amount not to exceed $750,000, which may include payment to Plaintiffs to reimburse them for their time and expenses incurred in representing the Settlement Class.  Such sums will be paid from the Settlement Fund if they are approved by the Court.

  • If you are a Settlement Class Member, you can comment on or object to the proposed Settlement, the proposed Plan of Allocation and/or Lead Counsel’s fee and expense application.  You can write to the Court setting out your comment or objection.  The Court will consider your views.  To comment or object, you must send a signed letter saying that you wish to comment on or object to the proposed Settlement in the ProPetro Settlement.  Any objections:  (a) must identify the case name and docket number, Nykredit Portefølje Administration A/S et al. v. ProPetro Holding Corp. et al., No. MO:19-CV-217-DC; (b) must state the name, address, and telephone number of the person or entity objecting and must be signed by the objector; (c) must state whether the objector is represented by counsel and, if so, the name, address, and telephone number of the objector’s counsel; (d) must state with specificity the grounds for the Settlement Class Member’s objection, including any legal and evidentiary support the Settlement Class Member wishes to bring to the Court’s attention and whether the objection applies only to the objector, to a specific subset of the Settlement Class, or to the entire Settlement Class; and (e) must include documents sufficient to prove membership in the Settlement Class, including the number of shares of ProPetro common stock that the objecting Settlement Class Member purchased/acquired and/or sold during the Class Period (from March 17, 2017 through March 13, 2020, inclusive), as well as the date, number of shares, and price of each such purchase/acquisition and sale, and the number of  shares purchased in or traceable to ProPetro’s IPO and the date, number of shares, and price of each such purchase.  The objecting Settlement Class Member must provide documentation establishing membership in the Settlement Class through copies of brokerage confirmation slips or monthly brokerage account statements, or an authorized statement from the objector’s broker containing the transactional and holding information found in a broker confirmation slip or account statement.  Your comments or objection must be filed with the Court and mailed or delivered to each of the following addresses such that it is received no later than March 21, 2023 (Deadline has passed):

     

    COURT

    CLERK OF THE COURT UNITED STATES DISTRICT COURT
    WESTERN DISTRICT OF TEXAS
    MIDLAND/ODESSA DIVISION
    200 East Wall, Room 222
    Midland, TX 79701
     

    LEAD COUNSEL

    BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
    JAMES A. HARROD
    1251 Avenue of the Americas
    New York, NY 10020

    GRANT & EISENHOFER P.A.
    DANIEL L. BERGER
    485 Lexington Avenue, 29th Floor
    New York, NY 10017
     

    REPRESENTATIVE DEFENDANTS’ COUNSEL

    HUGHES HUBBARD & REED LLP
    KEVIN T. ABIKOFF
    1775 I Street, NW
    Washington, DC 20006

    HUGHES HUBBARD & REED LLP
    SHAHZEB LARI
    One Battery Park Plaza
    New York, NY 10004-1482
     

  • Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement 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 Defendants’ Releasees. If you exclude yourself, you cannot object to the Settlement because it does not affect you.

  • The Court will hold a hearing (the “Settlement Hearing”) at 1:30 p.m., on May 11, 2023, before the Honorable David Counts, at the United States District Court Courtroom 3 for the Western District of Texas, Midland/Odessa Division, 200 East Wall, Midland, Texas 79701. At the hearing, the Court will consider whether the Settlement and the Plan of Allocation are fair, reasonable, and adequate.  If there are objections, the Court will consider them, even if you do not ask to speak at the hearing.  The Court will listen to people who have asked to speak at the hearing.  The Court will also consider whether, for purposes of the proposed Settlement only, the Action should be certified as a class action on behalf of the Settlement Class, Plaintiffs should be certified as Class Representatives for the Settlement Class, and Lead Counsel should be appointed as Class Counsel for the Settlement Class.  The Court will consider Lead Counsel’s motion for attorneys’ fees and expenses, and may also decide how much to pay to Lead Counsel and Plaintiffs.  After the Settlement Hearing, the Court will decide whether to approve the Settlement and the Plan of Allocation.  We do not know how long these decisions will take.  You should be aware that the Court may change the date and time of the Settlement Hearing without another notice being sent to Settlement Class Members.  Any updates regarding the date or time of the Settlement Hearing or concerning whether the Settlement Hearing will be held by phone or video, will be posted to this Settlement website.  Please review this website or contact Lead Counsel if you plan to attend the Settlement Hearing. 

  • No.  Lead Counsel will answer questions the Court may have.  But, you are welcome to come at your own expense.  If you send an objection, you do not have to come to Court to talk about it.  As long as you mailed or submitted your written objection on time, the Court will consider it.  You may also pay your own lawyer to attend, but it is not necessary.  Settlement Class Members do not need to appear at the hearing or take any other action to indicate their approval.

  • If you object to the Settlement, the Plan of Allocation, and/or the fee and expense application, you may ask the Court for permission to speak at the Settlement Hearing.  To do so, you must include with your objection (see above) a statement saying that it is your “Notice of Intention to Appear in the ‘ProPetro Settlement.’”  Persons who intend to object to the Settlement, the Plan of Allocation, and/or any attorneys’ fees and expenses to be awarded to Lead Counsel or Plaintiffs and desire to present evidence at the Settlement Hearing must include in their written objections the identity of any witnesses they may call to testify and exhibits they intend to introduce into evidence at the Settlement Hearing. Your notice of intention to appear must be received no later than March 21, 2023 (Deadline has passed), and addressed to the Clerk of Court, Lead Counsel, and Defendants’ Counsel, at the addresses listed above.

    You cannot speak at the hearing if you exclude yourself from the Settlement Class.

  • If you do nothing, you will not receive any money from this Settlement.  In addition, unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants’ Releasees about the Released Plaintiffs’ Claims in this case.

  • For even more detailed information concerning the matters involved in this Action, you can obtain answers to common questions regarding the proposed Settlement by contacting the Claims Administrator toll-free at (877) 917-0135.  Copies of the Settlement Agreement, papers in support of approval of the Settlement, Orders entered by the Court related to the Settlement, and to other settlement-related papers filed in the Action have been or will be posted on the Settlement website.  Documents related to the Action may also be inspected at the Office of the Clerk of the United States District Court for the Western District of Texas, Midland/Odessa Division, during regular business hours.  For a fee, all papers filed in this Action are available at www.pacer.gov.

  • If you purchased or acquired ProPetro common stock during the period from March 17, 2017 to March 13, 2020, inclusive, or if you purchased ProPetro common stock in or traceable to ProPetro’s Initial Public Offering on March 17, 2017 for the beneficial interest of an individual or organization other than yourself, the Court has directed that, WITHIN SEVEN (7) DAYS OF YOUR RECEIPT OF THE NOTICE, you either (a) provide to the Claims Administrator a list of the names, mailing addresses, and, if available, email addresses of all such beneficial owners, or (b) request additional copies of the Notice and the Proof of Claim Form, which will be provided to you free of charge, and within seven (7) days mail the Notice and Proof of Claim Form directly to the beneficial owners of the shares referred to herein.  If you choose to follow alternative procedure (b), upon such mailing, you must send a statement to the Claims Administrator confirming that the mailing was made as directed and retain the names and addresses for any future mailings to Settlement Class Members.  You are entitled to reimbursement from the Settlement Fund of your reasonable expenses actually incurred in connection with the foregoing, including reimbursement of postage expense and the cost of ascertaining the names and addresses of beneficial owners.  Your reasonable expenses will be paid upon request and submission of appropriate supporting documentation.  All communications concerning the foregoing should be addressed to the Claims Administrator:

    ProPetro Securities Litigation
    c/o JND Legal Administration
    P.O. Box 91309
    Seattle, Washington 98111
    (877) 917-0135
    info@ProPetroSecuritiesLitigation.com

For More Information

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Mail
ProPetro Securities Litigation
c/o JND Legal Administration
PO Box 91309
Seattle, WA 98111