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From time to time, we may become subject to various legal proceedings and claims that arise in the ordinary course of our business activities.
−Removed: Other than as described below, we are not currently subject to any material legal proceedings.
−Removed: Class Action Complaint
+Added: We are not currently subject to any material legal proceedings.
+Added: Class Action Complaint Dismissal
A class action complaint was filed on January 15, 2019 in the United States District Court for the District of New Jersey, entitled Travis Ito-Stone v.
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2:19-cv-00525.
−Removed: The complaint, as
−Removed: amended, alleged that we and our Chief Executive Officer, our current Chief Executive Officer, our former Deputy Chief Executive Officer, and our former Chief Business officer violated certain federal securities laws, specifically under Sections 10(b) and 20(a) of the Exchange Act, and Rule 10b-5 promulgated thereunder.
+Added: The complaint, as amended, alleged that we and our Chief Executive Officer, our current Chief Executive Officer, our former Deputy Chief Executive Officer, and our former Chief Business officer violated certain federal securities laws, specifically under Sections 10(b) and 20(a) of the Exchange Act, and Rule 10b-5 promulgated thereunder.
The plaintiffs seek unspecified damages on behalf of a purported class of persons that purchased our securities between February 14, 2018 and August 4, 2020 and also held our securities on December 20, 2018 and/or March 16, 2020 and/or August 4, 2020.
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We moved to dismiss third amended complaint on December 10, 2021.
−Removed: We believe that the allegations contained in the complaint are without merit and intend to defend the case vigorously.
−Removed: We cannot predict at this point the length of time that this action will be ongoing or the liability, if any, which may arise therefrom.
+Added: On July 29, 2022, the Court entered an order granting the Company’s Motion to Dismiss the Plaintiff’s Third Amended Compliant with prejudice.
+Added: The Court indicated that the Third Amended Complaint was deficient in a number of ways, failing to allege a violation of the Securities Exchange Act of 1934, and ordered the matter closed.
+Added: Per court procedural rules, the Plaintiffs had 30 days to appeal the dismissal of the Third Amended Complaint.
+Added: The Plaintiffs failed to file an appeal of the dismissal of the Third Amended Complaint within the 30-day period and this matter is resolved with finality.
Mine Safety Disclosures.
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.