City of Sunrise General Employees' Retirement Plan v. FleetCor Technologies, Inc. et al

Court: United States District Court Northern District of Georgia
Case Number: 1:17-cv-02207-LMM
Judge: Hon. Leigh Martin May
Class Period: 02/05/2016 - 05/03/2017
Case Contacts: Katherine M. Sinderson, Scott R. Foglietta

This securities class action was filed on behalf of investors who purchased the stock of FleetCor Technologies, Inc. (“FleetCor” or the “Company”) between February 5, 2016 and May 3, 2017 (the "Class Period"), against FleetCor and certain of the Company’s executive officers.  The action asserts claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and SEC Rule 10b5 promulgated thereunder.

The Court hearing on the fairness of Settlement and related matters which is scheduled for April 14, 2020, at 2:00 p.m. Eastern time will be conducted by telephone.

Class Members who wish to participate in the hearing may do so by dialing 1-888-748-9073 (toll-free, within the U.S.) or 1-408-419-1715 (anywhere) and using Meeting ID 654 963 380.

If you plan to participate in the hearing, please email Lead Counsel at settlements@blbglaw.com in advance of the hearing. Please dial in to the number provided above at least 15 minutes before the hearing is scheduled to begin (i.e., at 1:45 p.m. Eastern time).

In addition, if you have submitted or do submit an objection to the Settlement, Plan of Allocation or motion for attorneys’ fees and expenses, please send a copy of that objection to Lead Counsel at settlements@blbglaw.com.

 

Lead Plaintiff Has Reached a Proposed Settlement for $50 Million

The Court-appointed Lead Plaintiff City of Sunrise General Employees’ Retirement Plan (“Lead Plaintiff”), on behalf of itself and the Class, has reached a proposed settlement of the Action for $50,000,000 in cash that, if approved, will resolve all claims in the Action (the “Settlement”).

If you are a member of the Class, your rights will be affected and you may be eligible for a payment from the Settlement. The Class consists of:


all persons who purchased or otherwise acquired publicly traded common stock of FleetCor (NYSE ticker symbol: FLT) during the period from February 5, 2016 through May 3, 2017, inclusive (the “Class Period”), and were damaged thereby, except for certain persons and entities who are excluded from the Class by definition (see paragraph 26 of the Notice) or who request exclusion pursuant to the instructions set forth in the Notice (see paragraphs 76-79 of the Notice).


Please read the Notice to fully understand your rights and options. Copies of the Notice and Claim Form can be found on the Case Documents page. You may also visit the Settlement website, FleetCorSecuritiesLitigation.com, for more information about the Settlement.

If you are a member of the Class, in order to be potentially eligible to receive a payment under the proposed Settlement, you must submit a Claim Form postmarked no later than May 13, 2020.

Payments to eligible claimants will be made only if the Court approves the Settlement and a plan of allocation, and only after any appeals are resolved, and after the completion of all claims processing. Please be patient, as this process will take some time to complete.

IMPORTANT DATES AND DEADLINES

May 13, 2020

Claim Filing Deadline. Claim Forms must be postmarked no later than May 13, 2020 to be eligible for a payment from the Settlement.

March 24, 2020

Exclusion Deadline. To exclude yourself from the Class, you must submit a written request for exclusion so that it is received no later than March 24, 2020, in accordance with the instructions in the Notice.

March 24, 2020

Objection Deadline. Any objections to the proposed Settlement, the proposed Plan of Allocation, and/or the motion for attorneys’ fees and expenses, must be submitted or filed no later than March 24, 2020, in accordance with the instructions in the Notice. In addition, please email a copy of your objection to settlements@blbglaw.com.

April 14, 2020
at 2:00 p.m.
conducted by telephone

Settlement Hearing.  The Settlement Hearing will be held April 14, 2020 at 2:00 p.m., Eastern time.  The Settlement Hearing will be held by the Court to consider, among other things, whether the proposed Settlement is fair, reasonable and adequate and should be approved; whether the proposed Plan of Allocation is fair and reasonable and should be approved; and whether Lead Counsel’s motion for attorneys’ fees and expenses should be approved.  See box at the top of this page for details about participating in the telephonic settlement hearing.

Background

FleetCor is a fuel-card company that offers its products and services to small businesses as well as government and corporate clients.  The Amended Complaint, filed on October 13, 2017, alleges that during the Class Period, Defendants made a series of alleged misstatements and omissions during the Class Period about FleetCor’s business. Specifically, Lead Plaintiff alleges, among other things, that the Company during this period was reliant for a substantial percentage of its revenues on allegedly improper fees; and that the failure to disclose these practices made Defendants’ statements about FleetCor’s revenue growth misleading.

The truth regarding Defendants’ misconduct began to be disclosed in late 2016 when, among other things, third party journalists published investigative reports revealing at least in part FleetCor’s true business practices.  From the first partial disclosure until the end of the Class Period, the stock price declined from $170.00 to $131.26, a drop of 22%.

The Court appointed Sunrise General as Lead Plaintiff and Bernstein Litowitz Berger & Grossmann LLP as Lead Counsel on August 25, 2017.  Plaintiff filed its Amended Complaint on October 13, 2017.   On May 15, 2018, following Defendants’ motion to dismiss the Amended Complaint, the Court issued an order sustaining in large part the Amended Complaint, including claims regarding Defendants’ statements concerning the sources of or reasons for FleetCor’s earnings and growth. On July 17, 2019, the Court entered an Order certifying the Action to proceed as a class action on behalf of a class of investors in FleetCor common stock.  

On November 7, 2019, the Parties agreed to a settlement of this action for a cash payment of $50 million for the benefit of the Class.  

On December 12, 2019, the Court granted preliminary approval of the settlement and scheduled a final settlement hearing on Tuesday, April 14, 2020.

 

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