Freshpet Securities Settlement
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WELCOME TO THE FRESHPET SECURITIES SETTLEMENT

This website has been established to provide general information related to the proposed settlement of the lawsuit referred to as Curran v. Freshpet, Inc., et al., No. 2:16-cv-02263-MCA-LDW (the “Litigation”), and is pending before the Honorable Madeline Cox Arleo in the United States District Court for the District of New Jersey (the “Court”). The capitalized terms used on this website, and not otherwise defined, shall have the same meanings ascribed to them in the Stipulation of Settlement (the "Stipulation") dated October 2, 2019, which can be found and downloaded by clicking on the Case Documents tab above.

The law firm of Robbins Geller Rudman & Dowd LLP represents you and other Settlement Class Members. You will not be charged for these lawyers. They will be paid from the Settlement Fund to the extent the Court approves their application for fees and expenses. If you want to be represented by your own lawyer, you may hire one at your own expense.

WHAT IS THIS LAWSUIT ABOUT?

This is a securities class action brought against Freshpet, Inc. ("Freshpet" or "Company") and certain of its officers and directors (collectively, "Defendants") for alleged violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and violations of Sections 11, 12(a)(2) and 15 of the Securities Act of 1933 on behalf of all purchasers of Freshpet common stock between April 1, 2015 and November 11, 2015, inclusive.  More specifically, the Lead Plaintiff alleges Defendants made alleged material misstatements and omissions regarding Freshpet's ability to attain its projected year-end store count and its manufacturing problems.  Lead Plaintiff asserts that as a result of these and other actions, the market price of Freshpet's common stock was artificially and improperly inflated between April 1, 2015 and November 11, 2015, and that Settlement Class Members overpaid for the Freshpet common stock during the Settlement Class Period.

If you purchased Freshpet common stock from April 1, 2015 through and including November 11, 2015, you are a Settlement Class Member.   As set forth in the Stipulation, excluded from the Settlement Class are:  (i) Freshpet; (ii) the Individual Defendants; (iii) members of the families of each Individual Defendant; (iv) any entity in which any Defendant has a controlling interest; (v) the officers and directors of Freshpet during the Settlement Class Period; and (vi) the legal representatives, heirs, successors, or assigns of any such excluded party.  Also excluded from the Settlement Class is any Settlement Class Member who timely and validly requests exclusion pursuant to the requirements described in the Notice of Pendency and Proposed Settlement of Class Action (the "Notice").

WHAT DOES THE SETTLEMENT PROVIDE?

The proposed Settlement will create a cash settlement fund of $10,100,000 (the “Settlement Fund”), plus any interest that may accrue thereon less certain deductions.

The Settlement Fund, subject to deduction for, among other things, costs of class notice and administration and certain taxes and tax-related expenses, as well as attorneys’ fees and expenses, and the amount to Lead Plaintiff in connection with its representation of the Settlement Class, as approved by the Court, will be available for distribution to Settlement Class Members. Your recovery from this fund will depend on a number of variables, including how many shares of Freshpet common stock you purchased, the timing of your purchases and any sales, and how many other Settlement Class Members make claims. 

ADDITIONAL INFORMATION

Although the information on this website is intended to assist you, it does not replace the information contained in the Notice and the Stipulation.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT A PROOF OF CLAIM

The only way to be eligible to receive a payment from the Settlement.  Proof of Claim forms must be postmarked or submitted online on or before February 18, 2020.

EXCLUDE YOURSELF

Get no payment.  This is the only option that potentially allows you to ever be part of any other lawsuit against the Defendants or any other Released Persons about the legal claims being resolved by this Settlement.  Exclusions must be postmarked on or before February 12, 2020.

OBJECT 

Write to the Court about why you do not like the Settlement, the Plan of Allocation, and/or the request for attorneys’ fees and expenses.  You will still be a Member of the Settlement Class.  Objections must be received by the Court and counsel on or before February 12, 2020.

GO TO THE HEARING ON MARCH 4, 2020

Ask to speak in Court about the fairness of the Settlement.  Requests to speak must be received by the Court and counsel on or before February 12, 2020.

 DO NOTHING 

Receive no payment. You will, however, still be a Member of the Settlement Class, which means that you give up your right to ever be part of any other lawsuit against the Defendants or any other Released Persons about the legal claims being resolved by this Settlement and you will be bound by any judgments or orders entered by the Court in the Litigation.

 

IMPORTANT DATES AND DEADLINES

Submit Proof of Claim

February 18, 2020

Request Exclusion

February 12, 2020

Submit Written Objection

February 12, 2020

Submit Notice of Intention to Appear   

February 12, 2020

Settlement Hearing 

March 4, 2020, at 2:00 p.m. EST