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Robbins Geller Rudman & Dowd LLP and Levi & Korsinsky, LLP Announce Proposed Settlement in the USXpress Securities Litigation

The following statement is being issued by Robbins Geller Rudman & Dowd LLP and Levi & Korsinsky, LLP regarding the USXpress Securities Litigation:

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

CHATTANOOGA DIVISION

LEWIS STEIN, et al., Individually and on

Behalf of All Others Similarly Situated,

 

Plaintiffs,

 

vs.

 

U.S. XPRESS ENTERPRISES, INC., et al.,

 

Defendants.

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Civil Action No. 1:19-cv-00098-TRM-CHS

 

CLASS ACTION

 

Judge Travis R. McDonough

Magistrate Judge Christopher H. Steger

SUMMARY NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION
 
 

 TO:

 

 

 

ALL PERSONS AND ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED U.S. XPRESS ENTERPRISES, INC. (“USXPRESS” OR THE “COMPANY”) CLASS A COMMON STOCK PURSUANT TO AND/OR TRACEABLE TO THE OFFERING DOCUMENTS FILED WITH THE SEC IN CONNECTION WITH THE OFFERING THAT COMMENCED ON JUNE 14, 2018, AND WHO WERE DAMAGED THEREBY (“CLASS” OR “CLASS MEMBERS”)

THIS NOTICE WAS AUTHORIZED BY THE COURT. IT IS NOT A LAWYER SOLICITATION. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY.

YOU ARE HEREBY NOTIFIED that a hearing will be held on July 10, 2023, at 3:00 p.m., before the Honorable Travis R. McDonough at the United States District Court, Eastern District of Tennessee, Chattanooga Division, Joel W. Solomon Federal Building and United States Courthouse, 900 Georgia Avenue, Chattanooga, TN 37402, to determine whether: (1) the proposed settlement (the “Settlement”) of the above-captioned Litigation as set forth in the Stipulation of Settlement (“Stipulation”)1 for $13,000,000 in cash should be approved by the Court as fair, reasonable, and adequate; (2) the Judgment as provided under the Stipulation should be entered dismissing the Litigation with prejudice; (3) to award Plaintiffs’ Counsel attorneys’ fees and expenses out of the Settlement Fund (as defined in the Notice of Proposed Settlement of Class Action (“Notice”), which is discussed below) and, if so, in what amount; (4) to pay Plaintiffs for their costs and expenses in representing the Class out of the Settlement Fund and, if so, in what amount; and (5) the Plan of Allocation should be approved by the Court as fair, reasonable, and adequate.

There exists the possibility that the Court may decide to conduct the Settlement Hearing by video or telephonic conference, or otherwise allow Class Members to appear at the hearing by phone or videoconference, without further written notice to the Class. In order to determine whether the date and time of the Settlement Hearing have changed, or whether Class Members must or may participate by phone or video, it is important that you monitor the Court’s docket and the Settlement website, www.USXSecuritiesLitigation.com, before making any plans to attend the Settlement Hearing. Any updates regarding the Settlement Hearing, including any changes to the date or time of the hearing or updates regarding in-person or telephonic appearances at the hearing, will also be posted to that website. Also, if the Court requires or allows Class Members to participate in the Settlement Hearing by telephone or videoconference, the access information will be posted to the Settlement website, www.USXSecuritiesLitigation.com.

IF YOU PURCHASED OR OTHERWISE ACQUIRED USXPRESS CLASS A COMMON STOCK PURSUANT AND/OR TRACEABLE TO THE JUNE 14, 2018 OFFERING, YOUR RIGHTS ARE AFFECTED BY THE SETTLEMENT OF THIS LITIGATION.

To share in the distribution of the Settlement Fund, you must establish your rights by submitting a Proof of Claim and Release form (“Proof of Claim”) by mail (postmarked no later than August 16, 2023) or electronically (no later than August 16, 2023). Your failure to submit your Proof of Claim by August 16, 2023, will subject your claim to rejection and preclude your receiving any of the recovery in connection with the Settlement of this Litigation. If you purchased or otherwise acquired USXpress Class A common stock pursuant and/or traceable to the June 14, 2018 Offering, and do not request exclusion from the Class, you will be bound by the Settlement and any judgment and release entered in the Litigation, including, but not limited to, the Judgment, whether or not you submit a Proof of Claim.

If you have not received a copy of the Notice, which more completely describes the Settlement and your rights thereunder (including your right to object to the Settlement), and a Proof of Claim, you may obtain these documents, as well as a copy of the Stipulation (which, among other things, contains definitions for the defined terms used in this Summary Notice) and other settlement documents, online at www.USXSecuritiesLitigation.com, or by writing to:

USXpress Securities Litigation

Claims Administrator

c/o Gilardi & Co. LLC

P.O. Box 301130

Los Angeles, CA 90030-1130

Inquiries should NOT be directed to Defendants, the Court, or the Clerk of the Court.

Inquiries, other than requests for the Notice or for a Proof of Claim, may be made to Class Counsel:

ROBBINS GELLER RUDMAN & DOWD LLP

Ellen Gusikoff Stewart

655 West Broadway, Suite 1900

San Diego, CA 92101

Telephone: 1-800-449-4900

settlementinfo@rgrdlaw.com

LEVI & KORSINSKY, LLP

Shannon L. Hopkins

1111 Summer Street, Suite 403

Stamford, CT 06905

Telephone: (203) 992-4523

shopkins@zlk.com

IF YOU DESIRE TO BE EXCLUDED FROM THE CLASS, YOU MUST SUBMIT A REQUEST FOR EXCLUSION SUCH THAT IT IS POSTMARKED BY JUNE 19, 2023, IN THE MANNER AND FORM EXPLAINED IN THE NOTICE. IF YOU REQUESTED EXCLUSION FROM THE CLASS IN CONNECTION WITH THE NOTICE OF PENDENCY OF CLASS ACTION YOU RECEIVED IN 2021, DO NOT SUBMIT ANOTHER EXCLUSION REQUEST. ALL CLASS MEMBERS WILL BE BOUND BY THE SETTLEMENT EVEN IF THEY DO NOT SUBMIT A TIMELY PROOF OF CLAIM.

IF YOU ARE A CLASS MEMBER, YOU HAVE THE RIGHT TO OBJECT TO THE SETTLEMENT, THE PLAN OF ALLOCATION, THE REQUEST BY PLAINTIFFS’ COUNSEL FOR AN AWARD OF ATTORNEYS’ FEES NOT TO EXCEED 33-1/3% OF THE $13,000,000 SETTLEMENT AMOUNT AND EXPENSES NOT TO EXCEED $1,500,000, AND/OR THE PAYMENT TO PLAINTIFFS FOR THEIR COSTS AND EXPENSES NOT TO EXCEED $35,000 IN THE AGGREGATE. ANY OBJECTIONS MUST BE FILED WITH THE COURT AND SENT TO CLASS COUNSEL AND DEFENDANTS’ COUNSEL BY JUNE 19, 2023, IN THE MANNER AND FORM EXPLAINED IN THE NOTICE.

DATED: March 28, 2023

 

BY ORDER OF THE COURT

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

CHATTANOOGA DIVISION

1 The Stipulation can be viewed and/or obtained at www.USXSecuritiesLitigation.com.

Contacts

Media:

Robbins Geller Rudman & Dowd LLP

Shareholder Relations Department

Greg Wood

(619) 231-1058

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