***IMPORTANT CASE UPDATE***
On April 7, 2023 residual distribution checks
were mailed to Authorized Claimants who cashed their initial payment and were
eligible to receive an additional payment under the Plan of Allocation.
Please address any questions regarding your payment to the Claims Administrator.
The information contained on this web page is only a summary of information presented in more detail in the Notice of Pendency of Class Action, Proposed Class Action Settlement, and Motion for Attorneys’ Fees and Expenses (the “Notice”), which you can access by clicking here. Since this website is just a summary, you should review the Notice for additional information.
If you are a Settlement Class Member, your legal rights will be affected by this Settlement whether you act or do not act.
Please read the Notice carefully.
IF YOU PURCHASED OR OTHERWISE ACQUIRED DYCOM INDUSTRIES INC. COMMON STOCK DURING THE PERIOD FROM NOVEMBER 20, 2017 THROUGH AUGUST 10, 2018, INCLUSIVE (THE “SETTLEMENT CLASS PERIOD”) AND WERE DAMAGED THEREBY, YOU ARE A CLASS MEMBER.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT |
SUBMIT A CLAIM FORM BY OCTOBER 8, 2020 | The deadline to submit a claim has passed. |
EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS BY SEPTEMBER 22, 2020 | The deadline to exclude yourslef from the Settlement has passed. |
OBJECT BY SEPTEMBER 22, 2020 | The deadline to object to the Settlement has passed. |
DO NOTHING | Get no payment AND give up rights to bring your own individual action. |
The
Settlement Hearing
The
Court held a final Settlement Hearing on October 13, 2020 and approved the Settlement and proposed Plan of Allocation and the motion requesting attorneys' fees and expenses. Copies of the order can be accessed in the Court Documents section.
What is this case about?
Dycom provides specialty contracting services to telecommunications providers throughout the United States. Lead Plaintiff claims that Defendants violated the federal securities laws by concealing problems and delays with certain customer contracts.
Lead Plaintiff alleges that the market began to learn of Defendants’ alleged misrepresentations when, on May 22, 2018, Dycom issued a press release reporting its first quarter fiscal 2019 results. According to the Complaint, Dycom acknowledged that it was experiencing project delays material enough to revise its guidance downward due to “the anticipated timing of activity on large customer programs and the related impacts on revenues and margins.” The market allegedly learned more on August 13, 2018 when Dycom disclosed that its revenues and results for the quarter ended July 28, 2018 were well below previous guidance and that the Company was suffering from “large-scale deployments that were slower than expected during the quarter due to customer timing and tactical considerations and margins that were pressured from under-absorption of labor and field costs at a lower revenue level.”
Defendants have denied and continue to deny any wrongdoing, deny that they have committed any act or omission giving rise to any liability or violation of rule, regulation, or law, and deny that Lead Plaintiff and the Settlement Class suffered damage or were otherwise harmed by the conduct alleged in the Action.
The Settlement Benefits
At this time, it is not possible to make any determination as to how much any individual Settlement Class member may receive from the Settlement.
Subject to Court approval, Lead Plaintiff, on behalf of the Settlement Class, has agreed to settle the Action in exchange for a payment of $9,500,000 (the “Settlement Amount”), which will be deposited into an Escrow Account, which may earn interest (the “Settlement Fund”). The Net Settlement Fund (as defined below) will be distributed to Settlement Class Members according to the Court-approved plan of allocation (the “Plan of Allocation” or “Plan”).
Based on Lead Plaintiff’s consulting damages expert’s estimate of the number of shares of Dycom common stock eligible to participate in the Settlement, and assuming that all such investors eligible to participate do so, Lead Plaintiff estimates that the average recovery would be approximately $0.88 per allegedly damaged share (before deduction of any Court-approved fees and expenses, such as attorneys’ fees and expenses, Taxes, and Notice and Administration Expenses). If the Court approves the Fee and Expense Application, the average recovery would be approximately $0.59 per allegedly damaged share. Please note, however, that these average recovery amounts are only estimates and Settlement Class Members may recover more or less than these estimated amounts. An individual Settlement Class Member’s actual recovery will depend on for example: (i) the total number of claims submitted; (ii) the amount of the Net Settlement Fund; (iii) when the Settlement Class Member purchased or otherwise acquired shares of Dycom common stock during the Class Period; and (iv) whether and when the Settlement Class Member sold the securities. See the Plan of Allocation beginning on page 9 of the Notice for information on the calculation of your Recognized Claim.
Further Information
This website and the Notice summarize the Settlement. For more details regarding the Settlement please reference the Settlement Agreement, or other documents filed in the case under the “Court Documents” link on the left. You may also contact the Claims Administrator or Lead Counsel for further information regarding the Settlement:
Claims Administrator:
Dycom Industries Securities Litigation
c/o A.B. Data, Ltd.
PO Box 173105
Milwaukee, WI 53217
(866) 905-8127
info@DycomIndustriesSecuritiesSettlement.com
Lead Counsel:
Thornton Law Firm LLP
Guillaume Buell
1 Lincoln Street
Boston, MA 02111
(617) 720-1333
www.tenlaw.com
Levi & Korsinsky LLP
Shannon Hopkins
1111 Summer St., Ste. 403
Stamford, CT 06905
(203) 992-4523
www.zlk.com