In re Helios and Matheson Analytics, Inc.
Helios and Matheson Analytics Securities Litigation
Case No. 1:18-cv-06965-JGK

Frequently Asked Questions

 

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  • You or someone in your family, or an investment account for which you serve as a custodian, may have purchased or otherwise acquired shares of common stock of Helios, during the Class Period of August 15, 2017 and July 26, 2018, inclusive, and may be a Class Member. The Notice explains the Action, the Settlement, Class Members’ legal rights, what benefits are available, who is eligible for them, and how to get those benefits. Your receipt of the Notice does not mean that you are a Member of the Class or that you will be entitled to receive a payment. If you wish to be eligible for a payment, you are required to submit the Claim Form that is available on the Important Documents page of this Settlement website. See Question "How can I receive a payment?".

    The Court directed that the Notice be made publicly available on this website to inform Class Members of the terms of the proposed Settlement and about all of their options, before the Court decides whether to approve the Settlement at the upcoming hearing to consider the fairness, reasonableness, and adequacy of the Settlement, the proposed Plan of Allocation, and Lead Counsel’s Fee and Expense Application (the “Settlement Hearing”).

    The Court in charge of the Action is the United States District Court for the Southern District of New York, and the case is known as In re Helios and Matheson Analytics, Inc. Securities Litigation, Case No. 1:18-cv-06965-JGK. The Action is assigned to the Honorable John G. Koeltl, United States District Judge.

     
  • Helios is a former data analytics company that was run by Defendant Farnsworth as Chief Executive Officer, and by Defendant Benson as Chief Financial Officer. Helios announced that it was acquiring a majority position in MoviePass Inc. (“MoviePass”), a subscription-based movie ticket service, on August 15, 2017, which provided a new primary line of business for Helios. At all relevant times, Defendant Lowe served as Chief Executive Officer of MoviePass.

    Lead Plaintiff alleges that the merger between Helios and MoviePass provided a whirlwind of investor excitement and media coverage for Helios, whose other lines of business had deteriorated over the preceding several years and resulted in mounting losses. Although MoviePass itself had sustained material losses before the merger when charging as high as $75 per month, the Individual Defendants introduced a new monthly price of just $9.95 in connection with merger while touting the combined Company’s prospects and purported revenue possibilities. Plaintiffs allege that the Individual Defendants violated the federal securities laws throughout the Class Period by misrepresenting MoviePass’s prospects for Helios, and concealing the likelihood of disastrous losses incurred by MoviePass operations and the Company’s $9.95 per month business model.

    Plaintiffs allege that the market learned of Defendants’ alleged misrepresentations and omissions over a series of eight (8) statistically significant corrective disclosures that caused the Company’s stock price to plummet from a historic high of $32.90 in October 2017, to less than a penny by the end of the Class Period, when accounting for a 250-for-1 reverse split. These statistically significant corrective disclosures occurred on: (i) October 11, 2017, when Helios announced risk factors related to its merger with MoviePass; (ii) December 12, 2017, when Helios announced a public offering of newly issued common stock and warrants; (iii) February 12, 2018 when Helios announced a public offering of newly issued common stock and warrants; (iv) after market close on April 18, 2018 when Helios announced an at-the-market public offering of newly issued common stock, and before market open on April 19, 2018 when Helios announced a public offering of newly issued common stock and warrants; (v) before market open on May 8, 2018, when Helios filed a Form 8-K with the United States Securities and Exchange Commission (“SEC”) announcing lower than expected cash on hand; (vi) June 19, 2018, when Helios filed a Schedule 14A Proxy Statement with the SEC to seek approval of shareholders to authorize the Company to increase the number of its common stock from 500 million to 2 billion, and to approve a 250-for-1 reverse stock split; (vii) July 24, 2018, when Helios announced it had effectuated the 250-for-1 reverse stock split; and (viii) July 26, 2018, when Helios announced it had issued a demand note in the principle amount of $6.2 million because it was not able to make required payments to merchants and fulfillment processors.

    On August 2, 2018, a purported securities class action was filed in the United States District Court for the Southern District of New York captioned Chang v. Helios and Matheson Analytics, Inc., et al., No. 18-6965 (S.D.N.Y) (the “Chang Action”) on behalf of all investors who purchased or otherwise acquired Helios common stock between August 15, 2017 and July 26, 2018. On August 10, 2018, 2018, a similar action captioned Braxton v. Benson, et al., No. 18-7242 (S.D.N.Y.) (the “Braxton Action”) was also filed in this Court seeking the same relief on behalf of the same defined class.

    On November 16, 2018, the Court issued an Order: (i) consolidating the Chang and Braxton Actions; (ii) appointing the Helios and Matheson Investor Group as Lead Plaintiff; (iii) appointing Levi & Korsinsky, LLP as Lead Counsel; and (iv) directing Lead Plaintiff to submit a consolidated amended complaint by January 4, 2019.

    In an order dated November 27, 2018, and entered on November 28, 2018, the Court, among other actions, amended the case caption of the consolidated Chang and Braxton Actions and ordered that every subsequently-filed pleading bear the case name: In re Helios and Matheson Analytics, Inc. Securities Litigation.

    On January 4, 2019, Lead Plaintiff filed the Amended Class Action Complaint. On January 8, 2019, Lead Plaintiff filed a corrected Amended Class Action Complaint alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (“Exchange Act”), and SEC Rule 10b-5 promulgated thereunder, against Defendants, on behalf of itself and all other persons or entities who purchased or otherwise acquired publicly traded common stock of Helios between August 15, 2017 and July 26, 2018 (the “Class Period”), inclusive, and were damaged thereby (the “Class”).

    Defendants filed a motion to dismiss the Amended Class Action Complaint on February 25, 2019.

    On April 3, 2019, Lead Plaintiff filed the Second Amended Class Action Complaint. Defendants filed a motion to dismiss the Second Amended Class Action Complaint on May 24, 2019. On July 15, 2019, Lead Plaintiff opposed Defendants’ motion to dismiss and, concurrently, moved the Court for leave to supplement the Second Amended Class Action Complaint.

    On August 6, 2019, the Court denied, without prejudice, both Defendants’ motion to dismiss, as well as Lead Plaintiff’s motion for leave to supplement the Second Amended Class Action Complaint. The Court also ordered Lead Plaintiff to submit an amended complaint by August 16, 2019.

    On August 16, 2019, Lead Plaintiff filed the operative Third Amended Class Action Complaint (the “Complaint”).

    On September 11, 2019, Defendants filed a motion to dismiss the Complaint which Lead Plaintiff opposed on September 27, 2019. On October 11, 2019, Defendants filed a reply in further support of their motion to dismiss.

    On January 28, 2020, the Company filed a voluntary Chapter 7 Petition in the United States Bankruptcy Court for the Southern District of New York, of which the Company advised the Court on January 30, 2020. On January 30, 2020, the Court ordered that this Action be stayed as to the Company only, but allowed the case to proceed against the Individual Defendants.

    On June 2, 2020, Lead Plaintiff moved the Court for limited relief from the Private Securities Litigation Reform Act of 1995 (“PSLRA”) automatic discovery stay, which the Individual Defendants opposed on June 16, 2020. Lead Plaintiff filed a reply in further support of their motion on June 23, 2020. On July 16, 2020, the Individual Defendants filed their sur-reply in further opposition to Lead Plaintiff’s motion for limited relief from the PSLRA.

    On July 30, 2020, Lead Plaintiff gave a presentation to the Individual Defendants’ insurance carriers regarding Lead Plaintiff’s settlement position. On September 16, 2020, Lead Counsel and counsel for the Individual Defendants engaged in a full-day mediation session before David Murphy, Esq., of Phillips ADR, a well-respected and highly experienced mediator. Counsel for the Bankruptcy Trustee and various insurance carriers also attended the mediation. In advance of the mediation session, Lead Plaintiff, the Individual Defendants, and the insurance carriers exchanged detailed mediation statements along with supporting exhibits. Lead Plaintiff and the Individual Defendants ended the September 16, 2020 mediation without reaching a resolution of the Action. In the weeks following the mediation, Lead Plaintiff and the Individual Defendants continued to negotiate a possible settlement. On October 5, 2020, the Parties agreed to Mr. Murphy’s personal mediator’s double-blind proposal to resolve the claims in the Action.

    On October 6, 2020, Lead Plaintiff and the Individual Defendants notified the Court that Lead Plaintiff and the Individual Defendants had agreed in principle to resolve all issues and claims involved in this Action.

    On October 13, 2020, the Court held a teleconference regarding outstanding motions and ordered that Lead Plaintiff’s pending motion for limited relief from the PSLRA stay and the Individual Defendants’ pending motion to dismiss be withdrawn without prejudice to renewal, pending approval of a forthcoming proposed settlement.

  • In a class action, one or more persons or entities (in this case, Lead Plaintiff), sue on behalf of people and entities who or which have similar claims. Together, these people and entities are a “class,” and each is a “class member.” Bringing a case, such as this one, as a class action allows the adjudication of many similar claims of persons and entities who or which might be too small to bring economically as separate actions. One court resolves the issues for all class members at the same time, except for those who exclude themselves, or “opt-out,” from the class.

  • The Court did not finally decide in favor of Lead Plaintiff or the Individual Defendants. Instead, both sides agreed to a settlement that will end the Action. Lead Plaintiff and Lead Counsel believe that the claims asserted in the Action have merit, however, Lead Plaintiff and Lead Counsel recognize the expense and length of continued proceedings necessary to pursue the claims through trial and appeals, as well as the difficulties in establishing liability and damages. In light of the Settlement and the guaranteed cash recovery to the Class, Lead Plaintiff and Lead Counsel believe that the proposed Settlement is fair, reasonable, and adequate, and in the best interests of the Class.

    The Individual Defendants have denied and continue to deny any allegations of wrongdoing contained in the Complaint and further deny that they did anything wrong, that Lead Plaintiff or the Class suffered damages or that the price of Helios common stock was artificially inflated by reasons of alleged misrepresentations, nondisclosures, or otherwise. The Settlement should not be seen as an admission or concession on the part of the Individual Defendants. The Individual Defendants have taken into account the burden, expense, uncertainty, distraction, and risks inherent in any litigation and have concluded that it is desirable to settle upon the terms and conditions set forth in the Stipulation.

  • Everyone who fits the following description is a Class Member and subject to the Settlement unless they are an excluded person (see Question "Are there exceptions to the definition of the Class and to being included?") or take steps to exclude themselves from the Class (see Question "How do I exclude myself from the Class?"): all investors who purchased or otherwise acquired publicly traded common stock of Helios, during the period from August 15, 2017 and July 26, 2018, inclusive, and were injured thereby.

    Receipt of a Postcard Notice does not mean that you are a Class Member. The Parties do not have access to your transactions in Helios common stock. Please check your records or contact your broker to see if you are a member of the Class. If one of your mutual funds purchased Helios common stock during the Class Period, that alone does not make you a Class Member. You are a Class Member only if you individually purchased or otherwise acquired publicly traded common stock of Helios during the Class Period.

     
  • Yes. There are some individuals and entities who or which are excluded from the Class by definition. Excluded from the Class are: (i) Defendants; (ii) their immediate family members; (iii) any person who was an officer or director of Helios and/or MoviePass during the Class Period; (iii) any firm, trust, corporation, or other entity in which a Defendant has or had a controlling interest; (iv) the legal representatives, affiliates, heirs, successors in-interest, or assigns of any such excluded person or entity; and (v) anyone who was not damaged.

    If you sold, or otherwise disposed of all, of your Helios common stock prior to the first alleged corrective disclosure, which occurred after the market closed on October 11, 2017, and made no subsequent purchases from October 12, 2017, through July 26, 2018, you are not a member of the Class because you were not damaged.

    Also excluded from the Class will be any Person who or which timely and validly seeks exclusion from the Class in accordance with the procedures described in Question "How do I exclude myself from the Class?" or whose request is otherwise allowed by the Court.

  • In exchange for the Settlement and the release of the Released Claims against the Released Defendant Parties, the Individual Defendants have agreed to create a $8,250,000 cash fund, which may accrue interest, to be distributed, after deduction of Court-awarded attorneys’ fees and litigation expenses, Notice and Administration Expenses, Taxes, and any other fees or expenses approved by the Court (the “Net Settlement Fund”), among all Class Members who submit valid Claim Forms and are found to be eligible to receive a distribution from the Net Settlement Fund (“Authorized Claimants”).

  • To qualify for a payment, you must submit a timely and valid Claim Form. A Claim Form is available from the Important Documents page of this website dedicated to the Settlement, or upon request by calling the Claims Administrator toll-free at 833-707-1451 or writing the Claims Administrator at Helios and Matheson Analytics Securities Litigation, c/o JND Legal Administration, P.O. Box 91384, Seattle, WA 98111. Please read the instructions contained in the Claim Form carefully, fill out the Claim Form, include all the documents the form requests, sign it, and mail or submit it electronically on the File A Claim page of this website, to the Claims Administrator so that it is postmarked or received no later than July 7, 2021.

  • The Court will hold a Settlement Hearing on May 13, 2021 to decide, among other things, whether to finally approve the Settlement. Even if the Court approves the Settlement, there may be appeals which can take time to resolve, perhaps more than a year. It also takes a long time for all of the Claim Forms to be accurately reviewed and processed. Please be patient.

  • If you are a member of the Class, unless you exclude yourself, you will remain in the Class, and that means that, upon the “Effective Date” of the Settlement, you will release all “Released Claims” against the “Released Defendant Parties.” Unless you exclude yourself, you are staying in the Class, and that means that you cannot sue, continue to sue, or be part of any other lawsuit against the Individual Defendants about the Released Claims. It also means that all of the Court’s Orders will apply to you and legally bind you and you will release your claims against the Individual Defendants. “Released Claims” means any and all claims and causes of action of every nature and description, including both known claims and Unknown Claims (defined below), contingent or absolute, mature or not mature, discoverable or undiscoverable, liquidated or not liquidated, accrued or not accrued, concealed or hidden, regardless of legal or equitable theory and whether arising under federal, state, common or foreign law, or any other law, rule, or regulation, that Lead Plaintiff or any other Class Member: (i) asserted in the Action against any of the Released Defendant Parties; or (ii) could have asserted in the Action or any forum, domestic or foreign, against any of the Released Defendant Parties that arise out of, are based upon, or relate to, directly or indirectly, in whole or in part, (1) the allegations, transactions, facts, statements, disclosures, matters or occurrences, representations or omissions involved, set forth, or referred to in the Action and the purchase or acquisition of Helios common stock during the Class Period; or (2) the Individual Defendants’ and/or their attorneys’ defense or settlement of the Action and/or claims alleged therein; or both. Released Claims do not include: (i) claims relating to the enforcement of the Settlement; (ii) any claims asserted in the Bankruptcy, In re Helios and Matheson Analytics, Inc., a/k/a MovieFone, et al., Case No. 20-10242-SMB, including, but not limited to claims brought by Lead Plaintiff and/or Class Members; and (iii) any claims of Persons who submit a request for exclusion that is accepted by the Court.

    "Released Defendant Parties” means the Individual Defendants, the Individual Defendants’ Counsel, and each of their respective past, present, or future spouses, members of the families, representatives, and heirs of the Individual Defendants, as well as any trust of which any Individual Defendant is the settlor or which is for the benefit of any of their immediate family members; any firm, trust, corporation, or entity in which any Individual Defendant has a controlling interest, as well as any director or officer of such firm, trust, corporation or entity, and any of the legal representatives, heirs, successors in interest or assigns of the Individual Defendants.  Released Defendant Parties also include any other directors, officers, employees, or agents of the Company or any of its subsidiaries during the Class Period, including but not limited to MoviePass, and regardless of whether the individuals were named as Defendants in the Action.  Released Defendant Parties also include any insurer who provided or could provide defense, indemnity, and/or other coverage in the Action, including but not limited to Argonaut Insurance Company, StarStone Specialty Insurance Company, Westchester/Chubb, Endurance Specialty Insurance Company, Freedom Specialty Insurance Company, AXIS Insurance Company, QBE Insurance Company, and ANV.

    “Unknown Claims” means any and all Released Claims that Lead Plaintiff or any other Class Member do not know or suspect to exist in his, her, or its favor at the time of the release of the Released Defendant Parties, and any and all Released Defendants’ Claims that any Individual Defendant does not know or suspect to exist in his or its favor at the time of the release of the Released Plaintiff Parties, which if known by him, her, or it might have affected his, her, or its decision(s) with respect to the Settlement, including the decision to object to the terms of the Settlement or to exclude himself, herself, or itself from the Class. With respect to any and all Released Claims and Released Defendants’ Claims, the Parties stipulate and agree that, upon the Effective Date, Lead Plaintiff and the Individual Defendants shall expressly, and each other Class Member shall be deemed to have, and by operation of the Judgment shall be deemed to have, to the fullest extent permitted by law, expressly waived and relinquished any and all provisions, rights and benefits conferred by any law of any state or territory of the United States or foreign law, or principle of common law, which is similar, comparable, or equivalent to Cal. Civ. 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.

    Lead Plaintiff, other Class Members, or the Individual Defendants may hereafter discover facts, legal theories, or authorities in addition to or different from those which any of them now knows or believes to be true with respect to the subject matter of the Released Claims and the Released Defendants’ Claims, but Lead Plaintiff and the Individual Defendants shall expressly, fully, finally, and forever settle and release, and each Class Member shall be deemed to have settled and released, and upon the Effective Date and by operation of the Judgment shall have settled and released, fully, finally, and forever, any and all Released Claims and Released Defendants’ Claims as applicable, without regard to the subsequent discovery or existence of such different or additional facts, legal theories, or authorities. Plaintiffs and the Individual Defendants acknowledge, and other Class Members by operation of law shall be deemed to have acknowledged, that the inclusion of “Unknown Claims” in the definition of Released Claims and Released Defendants’ Claims was separately bargained for and was a material element of the Settlement.

    The “Effective Date” will occur when an Order entered by the Court approving the Settlement becomes Final and is not subject to appeal. If you remain a member of the Class, all of the Court’s orders, whether favorable or unfavorable, will apply to you and legally bind you. Upon the Effective Date, the Individual Defendants will also provide a release of any claims against Lead Plaintiff and the Class arising out of or related to the institution, prosecution, or settlement of the claims in the Action.

     
  • If you do not want to be eligible to receive a payment from the Settlement but you want to keep any right you may have to sue or continue to sue the Released Defendant Parties on your own about the Released Claims, then you must take steps to remove yourself from the Class. This is called excluding yourself or “opting out.” Please note: if you bring your own claims, Defendants will have the right to seek their dismissal, including because the suit is not filed within the applicable time periods required for filing suit. Also, the Individual Defendants may terminate the Settlement if Class Members who purchased in excess of a certain amount of shares of Helios common stock seek exclusion from the Class.

  • To exclude yourself from the Class, you must mail a signed letter stating that you “request to be excluded from the Class in In re Helios and Matheson Analytics, Inc. Securities Litigation. Case No. 1:18-cv-06965-JGK (S.D.N.Y).” You cannot exclude yourself by telephone or e-mail. Each request for exclusion must also: (i) state the name, address, and telephone number of the person or entity requesting exclusion; (ii) state the number of shares of Helios common stock purchased, acquired, and/or sold during the Class Period, as well as the dates and prices of each such purchase, acquisition, and sale; and (iii) be signed by the person or entity requesting exclusion or an authorized representative. A request for exclusion must be mailed, so that it is received no later than April 15, 2021, to:

    Helios and Matheson Analytics Securities Litigation
    c/o JND Legal Administration
    P.O. Box 91384
    Seattle, WA 98111
    info@heliosandmathesonsecuritieslitigation.com
    833-707-1451

    Your exclusion request must comply with these requirements in order to be valid, unless it is otherwise accepted by the Court.

    If you ask to be excluded, do not submit a Claim Form because you cannot receive any payment from the Net Settlement Fund. Also, you cannot object to the Settlement because you will not be a Class Member. However, if you submit a valid exclusion request, you will not be legally bound by anything that happens in the Action, and you may be able to sue (or continue to sue) the Individual Defendants and the other Released Defendant Parties in the future, assuming your claims are timely. If you have a pending lawsuit against any of the Released Defendant Parties, please speak to your lawyer in the case immediately.

  • No. Unless you properly exclude yourself, you will give up any rights to sue the Individual Defendants and the other Released Defendant Parties for any and all Released Claims.

     
  • The Court appointed the law firm of Levi & Korsinsky, LLP to represent all Class Members. These lawyers are called “Lead Counsel.” You will not be separately charged for these lawyers. The Court will determine the amount of Plaintiffs’ Counsel’s fees and expenses, which will be paid from the Settlement Fund. If you want to be represented by your own lawyer, you may hire one at your own expense.

  • Plaintiffs’ Counsel have not received any payment for their services in pursuing the claims against Defendants on behalf of the Class, nor have they been paid for their litigation expenses. Lead Counsel will ask the Court to award Plaintiffs’ Counsel attorneys’ fees of no more than one-quarter (25%) of the Settlement Fund, which will include any accrued interest. Plaintiffs’ Counsel are Levi & Korsinsky, LLP and Bragar Eagel & Squire, P.C. No other attorneys will share in the fee awarded by the Court. Lead Counsel will also seek payment of litigation expenses incurred by Plaintiffs’ Counsel in the prosecution of the Action of no more than $166,500, plus accrued interest, which may include an application for an incentive payment to Lead Plaintiff, which payment includes but is not limited to reimbursement of Lead Plaintiff’s reasonable costs and expenses directly related to their representation of the Class, pursuant to the Private Securities Litigation Reform Act of 1995 (“PSLRA”).

     
  • If you are a Class Member, you can object to the Settlement or any of its terms, the proposed Plan of Allocation, or the Fee and Expense Application. You can ask the Court not to approve the Settlement, however you cannot ask the Court to order a different settlement; the Court can only approve or deny this Settlement. If the Court denies approval of the Settlement, no payments will be made to Class Members, the Parties will return to the position they were in before the Settlement was agreed to, and the Action will continue.

    To object, you must send a signed letter stating that you object to the proposed Settlement, the proposed Plan of Allocation, or the Fee and Expense Application in “In re Helios and Matheson Analytics, Inc. Securities Litigation. Case No. 1:18-cv-06965-JGK (S.D.N.Y).” Your objection must state why you are objecting and whether your objection applies only to you, a subset of the Class, or the entire Class. The objection must also: (i) include the name, address, and telephone number of the person or entity objecting; (ii) contain a statement of the objection and the specific reasons for it, including any legal and evidentiary support (including witnesses) the Class Member wishes to bring to the Court’s attention; and (iii) documentation identifying the number of shares of Helios common stock the person or entity purchased, acquired, and/or sold during the Class Period, as well as the dates and prices of each such purchase, acquisition, and sale. Unless otherwise ordered by the Court, any Class Member who does not object in the manner described in the Notice will be deemed to have waived any objection and will be forever foreclosed from making any objection to the proposed Settlement, the Plan of Allocation, or Lead Counsel’s Fee and Expense Application. Your objection must be filed with the Court at the address below, either by mail or in person, no later than April 15, 2021 and be mailed or delivered to each of the following counsel so that it is received no later than April 15, 2021:

    Court
    Ruby J. Krajick
    Clerk of the Court
    United States District Court
    Daniel Patrick Moynihan
    United States Courthouse
    500 Pearl St.
    New York, NY 10007

    Lead Counsel
    Levi & Korsinsky LLP
    Shannon L. Hopkins
    1111 Summer St.,
    Suite. 403
    Stamford, CT 06905

    Individual Defendants'
    Counsel Representatives
    Greenberg Traurig, LLP
    Robert A. Horowitz
    200 Park Avenue
    New York, NY 10166

  • The Court will hold the Settlement Hearing on May 13, 2021 at 2:30 p.m., either telephonically and/or in Courtroom 14A of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan United States Courthouse, 500 Pearl St., New York, NY 10007. At this hearing, the Court will consider, whether: (i) the Settlement is fair, reasonable and adequate, and should be finally approved; (ii) the Plan of Allocation is fair and reasonable, and should be approved; (iii) service awards to the Lead Plaintiff are reasonable and should be approved; and (iv) Lead Counsel’s Fee and Expense Application is reasonable and should be approved. The Court will take into consideration any written objections filed in accordance with the instructions in Question "How do I tell the Court that I do not like something about the proposed Settlement?". We do not know how long it will take the Court to make these decisions.

    You should be aware that the Court may change the date and time of the Settlement Hearing, or hold the hearing telephonically, without another notice being sent to Class Members. If you want to attend the hearing, you should check with Lead Counsel beforehand to be sure that the date or time has not changed, periodically check this settlement website, or periodically check the Court’s website at https://www.nysd.uscourts.gov/ to see if the Settlement Hearing stays as calendared or is changed. Subscribers to PACER, a fee-based service, can also view the Court’s docket for the Action for updates about the Settlement Hearing through the Court’s on-line Case Management/Electronic Case Files System at https://www.pacer.gov.

  • No. Lead Counsel will answer any questions the Court may have. But, you are welcome to attend at your own expense. If you submit a valid and timely objection, the Court will consider it and you do not have to come to Court to discuss it. You may have your own lawyer attend (at your own expense), but it is not required. If you do hire your own lawyer, he or she must file and serve a Notice of Appearance in the manner described in the answer to Question "May I speak at the Settlement Hearing?" no later than April 15, 2021.

  • You may ask the Court for permission to speak at the Settlement Hearing. To do so, you must include with your objection (see Question "How do I tell the Court that I do not like something about the proposed Settlement?"), no later than April 15, 2021 a statement that you, or your attorney, intend to appear in “In re Helios and Matheson Analytics, Inc. Securities Litigation. Case No. 1:18-cv-06965-JGK (S.D.N.Y).” Persons who intend to present evidence at the Settlement Hearing must also include in their objections the identities of any witnesses they may wish to call to testify and any exhibits they intend to introduce into evidence at the hearing. You may not speak at the Settlement Hearing if you exclude yourself or if you have not provided written notice in accordance with the procedures described in this Question and Question "How do I tell the Court that I do not like something about the proposed Settlement?".

  • If you do nothing and you are a member of the Class, you will receive no money from this Settlement and you will be precluded from starting a lawsuit, continuing with a lawsuit, or being part of any other lawsuit against the Individual Defendants and the other Released Defendant Parties concerning the Released Claims. To share in the Net Settlement Fund, you must submit a Claim Form (see Question "How can I receive a payment?"). To start, continue or be part of any other lawsuit against the Individual Defendants and the other Released Defendants’ Parties concerning the Released Claims in this case, to the extent it is otherwise permissible to do so, you must exclude yourself from the Class (see Question "How do I exclude myself from the Class?").

  • The Notice summarizes the proposed Settlement. More details are in the Stipulation. Lead Counsel’s motions in support of final approval of the Settlement, the request for attorneys’ fees and litigation expenses, and approval of the proposed Plan of Allocation will be filed with the Court no later than April 1, 2021 and be available from Lead Counsel, the Claims Administrator, or the Court, pursuant to the instructions below.

    Subscribers to PACER can view the papers filed publicly in the Action through the Court’s on-line Case Management/Electronic Case Files System at https://www.pacer.gov.

    You can also get a copy of the Stipulation and other case documents by calling the Claims Administrator toll free at 833-707-1451 writing to the Claims Administrator at Helios and Matheson Analytics Securities Litigation, c/o JND Legal Administration, P.O. Box 91384, Seattle, WA 98111, or visiting the Important Documents page of this website dedicated to the Settlement.

    Please do not call the Court with questions about the Settlement.

  • If you purchased or otherwise acquired Helios common stock during the Class Period for the beneficial interest of a person or entity other than yourself, the Court has directed that WITHIN SEVEN (7) DAYS OF YOUR RECEIPT OF THE POSTCARD NOTICE, YOU MUST EITHER: (a) provide to the Claims Administrator the name and last known address of each such person or entity; or (b) request additional copies of the Postcard Notice and the Claim Form from the Claims Administrator, which will be provided to you free of charge, and WITHIN SEVEN (7) DAYS of receipt, mail the Postcard Notice and Claim Form directly to all such persons or entities. If they are available, you must also provide the Claims Administer with the e-mails of the beneficial owners. If you choose to follow procedure (b), the Court has also directed that, upon making that mailing, YOU MUST SEND A STATEMENT to the Claims Administrator confirming that the mailing was made as directed WITHIN SEVEN (7) CALENDAR DAYS of receipt of the Postcard Notices from the Claims Administrator and keep a record of the names and mailing addresses used. Upon full and timely compliance with these directions, you may seek reimbursement from the Settlement Fund of your reasonable expenses actually incurred in connection with the foregoing, upon request and submission of appropriate documentation. All communications concerning the foregoing should be addressed to the Claims Administrator: Helios and Matheson Analytics Securities Litigation, c/o JND Legal Administration, P.O. Box 91384, Seattle, WA 98111, Contact Us page of this website.

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Mail

Helios and Matheson Analytics Securities Litigation
c/o JND Legal Administration
P.O. Box 91384
Seattle, WA 98111