- Why did I get a Notice?
The Court directed that the Notice be mailed to you because you, someone in your family, or an investment account for which you serve as a custodian, may have held Jernigan common stock as of September 11, 2020, the record date for eligibility to vote on the Transaction, and sold shares for $17.30 in the Transaction. The Notice explains the class action lawsuit, the Settlement, Class Members’ legal rights in connection with the Settlement, what benefits are available, who is eligible for them, and how to get them.
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- What is this lawsuit about?
A brief background of this case is provided on pages 3-4 of the Notice and is also summarized on the case website. We do not have any more information regarding the background of this case beyond what is provided in the Notice and posted case documents.
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- How do I know if I am affected by the Settlement? / How do I know if I am a member of the Class?
The Court directed that everyone who fits this description is a Class Member: all holders of Jernigan common stock as of September 11, 2020, the record date for eligibility to vote on the Transaction, whose shares were sold for $17.30 in the Transaction, except those Persons and entities that are excluded. Excluded from the Class are: (a) Defendants, their Immediate Family Members, any legal representatives, heirs, successors or assigns of the Defendants and/or their Immediate Family Members, and any entity in which Defendants and/or their Immediate Family Members have or had a controlling interest; and (b) the officers and directors of the Company at all relevant times, their Immediate Family Members, any legal representatives, heirs, successors or assigns of the officers and directors of the Company at all relevant times and/or their Immediate Family Members, and any entity in which the officers and/or directors of the Company at all relevant times and/or their Immediate Family Members have or had a controlling interest. Also excluded from the Class are those Persons who timely and validly exclude themselves therefrom by submitting a request for exclusion in accordance with the requirements set forth in the Notice.
Please Note: Receipt of the Notice does not mean that you are a Class Member or that you will be entitled to receive payment from the Settlement. If you are a Class Member and you wish to be eligible to participate in the distribution of the proceeds from the Settlement, you are required to submit the Proof of Claim and the required supporting documentation as set forth therein postmarked or submitted online on or before June 10, 2025.
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- Do I qualify to submit a claim? Do I qualify for a payment? Is my specific security/CUSIP/purchase eligible?
We are unable to advise regarding claim eligibility prior to receiving and processing a Proof of Claim submission. We cannot be more specific than the information which has been included in the Notice and cannot interpret how the Notice or Plan of Allocation may apply to a specific claim prior to processing.
Please read the Notice and Class definition carefully and decide whether or not you wish to submit a Proof of Claim. If you are still not certain of eligibility and want for us to determine eligibility, you will need to submit a Proof of Claim along with supporting documentation for your transactions.
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- Can I submit my Proof of Claim and Release via email?
Email is not an acceptable submission method and claims submitted via email will not be reviewed for eligibility. You must submit your claim via the online form under the "File Claim" tab of this website or mail it to the Claims Administrator so that it is postmarked no later than June 10, 2025:
Jernigan Securities Settlement
Claims Administrator
c/o Verita Global
P.O. Box 301135
Los Angeles, CA 90030-1135
Note that the online link may be disabled at any time after the filing deadline, and you will only be able to submit via mail to the address above.
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- What does the Settlement provide?
The Settlement provides that, in exchange for the release of the Released Plaintiff’s Claims (defined in the Notice) and dismissal of the Action, Defendants have agreed to pay (or cause to be paid) $12 million in cash to be distributed after Taxes, Tax Expenses, Notice and Administration Expenses, and approved attorneys’ fees and expenses, pro rata, to Class Members who send in a valid Proof of Claim pursuant to the Court-approved Plan of Allocation. The Plan of Allocation is described in more detail on pages 10-11 in the Notice.
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- How much will I get? Is this worth my time?
Your share of the Net Settlement Fund will depend on several things, including the total dollar amount of claims represented by the valid Proofs of Claim that Class Members send in, compared to the dollar amount of your claim, all as calculated under the Plan of Allocation set forth in the Notice.
If you are a Class Member, you must submit a Proof of Claim and supporting documentation to establish your potential entitlement to share in the proceeds of the Settlement. A Proof of Claim may be downloaded from the "Case Documents" tab of this website.
Read the instructions carefully, fill out the Proof of Claim, include all the documents the form asks for, sign it, and mail (to Jernigan Securities Settlement, Claims Administrator, c/o Verita Global, P.O. Box 301135, Los Angeles, CA 90030-1135) or submit it online under the "File Claim" tab of this website so that it is postmarked or received no later than June 10, 2025.
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- Do I have a lawyer in this case?
The Court ordered that the law firm of Robbins Geller Rudman & Dowd LLP represents the Class Members, including you.
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- When and where will the Court decide whether to approve the proposed Settlement?
The Court will hold a Settlement Hearing at 1:00 p.m. ET, on May 29, 2025, in the Courtroom of the Honorable Jennifer L. Rochon at the United States District for the Southern District of New York, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007-1312.
You should be aware that the Court may change the date and time of the Settlement Hearing without another notice being sent to Class Members. In order to determine whether the date and time of the Settlement Hearing has changed, or whether Class Members must or may participate by phone or video, it is important that you monitor the Court’s docket and this website, before making any plans to attend the Settlement Hearing. Any updates regarding the Settlement Hearing, including any changes to the date and time of the hearing or updates regarding in-person, telephonic or video conference appearances at the hearing, will be posted to this website. Also, if the Court requires or allows Class Members to participate in the Settlement Hearing by telephonic or video conference, the phone number for accessing the telephonic conference or the website for accessing the video conference will be posted to this website. If you want to attend the hearing, either in person or telephonically, if permitted, you should check this website, or contact Lead Counsel beforehand to be sure that the date and/or time has not changed.
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- Do I have to come to the hearing?
No. Lead Counsel will answer any questions the Court may have. But you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary. Class Members do not need to appear at the hearing or take any other action to indicate their approval.
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- May I speak at the hearing?
If you object to the Settlement, the Plan of Allocation, and/or the fee and expense applications, you may ask the Court for permission to speak at the Settlement Hearing. To do so, you must follow the instructions in the section entitled “How do I tell the Court that I object to the proposed Settlement” on pages 8-9 of the Notice.
You cannot speak at the hearing if you exclude yourself from the Class.
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- How do I get my stock records? You must have my records since you contacted me.
We do not hold stock records here. Verita Global is a third-party administrator appointed by the Court to notify potential claimants. We are provided with names and addresses of potential claimants in order to notify individuals of settlements but do not have access for your investment records. We recommend you contact the institution where you held your shares and request proof or supporting documentation for your claim.
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- I have multiple accounts. Do I need to submit multiple Proof of Claim forms?
A claim should be submitted for each separate legal entity (e.g., a Claim Form of joint owners should not include separate transactions of just one of the joint owners, and an individual with transactions made solely in the individual’s name).
Conversely, a single Claim Form should be submitted on behalf of one legal entity including all transactions made by that entity on one Claim Form, no matter how many separate accounts that entity has (e.g., a corporation with multiple brokerage accounts should include all transactions made in all accounts on one Claim Form).
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- How do I submit a claim on behalf of a deceased beneficial purchaser/owner or their estate?
When filing on behalf of a deceased beneficial owner or their estate, you can submit a claim in the name of the individual, or, if an estate exists, you can submit on behalf of the estate. Note that any settlement proceeds will be made payable to the estate if that is how you submit that claim. The same rule applies for IRA's and other account types.
The claim submission should include a copy of the death certificate as well as proof of authority to file. As you are submitting a claim form as a representative on behalf of someone else (e.g. as an executor, administrator, trustee or other representative), you must document your authority to file on their (or their estate’s) behalf. Proof of authority can include a copy of the Last Will and Testament, Letters Testamentary, evidence of probate, proof of authority as executor or beneficiary and/or any other testamentary provisions of the deceased person. Do not send originals as any documents submitted with your claim will not be returned.
Depending on whether you submit on behalf of the individual on behalf of the estate, please provide the appropriate TIN or SSN. Then sign the claim form.
The claim must be submitted for the benefit of the actual beneficial owner/purchaser of the shares or their estate. Do not submit the claim in the name of the deceased person’s family or other heirs. We must issue the check to the actual beneficial owner/purchaser of the shares. We cannot issue any applicable check in the name of the deceased person’s family, beneficiaries or other heirs.
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- What should I provide as documentation to support my transactions?
You must provide copies of broker information or other documentation of your holdings in Jernigan common stock as attachments to your claim. If any such documents are not in your possession, please obtain a copy or equivalent documents from your broker because these documents are necessary to prove and process your claim. Failure to provide this documentation could delay verification of your claim or result in rejection of your claim.
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- Can I send a late claim?
The Claims Administrator does not have the authority to grant extensions beyond the deadline. You are welcome to submit a Proof of Claim at this time understanding that it will be considered late. If you desire, you may also include a brief letter explaining why your claim is late.
We will process all late claims received, and as much as possible, include that information with our recommendations to Counsel. We generally recommend that late claims which are otherwise valid and eligible be considered for distribution, but it will be up to the Court and/or Counsel to determine whether or not late claims will receive consideration in this matter.
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- How long does it take to process my claim?
Processing time on our cases can take an average of 9 to 12 months from the filing deadline. Once processing is complete, we must then wait for authorization from Counsel and/or the Court before we can distribute the funds which can take several additional months.
Please understand that this is an estimated timeframe for processing based on our experience which does not guarantee that all case processing will be completed within nine months. Processing time varies from case to case and some cases may take more or less based on the specifics of that case settlement.
If your claim has been received and we have any questions or need additional information or documentation to assist in the processing of your claim, we will contact you by using one or more of the contact methods (phone, e-mail, mail) which you listed on your claim form submission.
We will not have the final claim payout amount available until we have processed all of the claims, calculated the total loss of claims filed and received approval from the Court and/or Counsel.
We appreciate your patience as accurate claims processing takes time.
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- What happens if I do nothing?
If you do nothing, you will not receive any money from this Settlement. In addition, unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants and/or the Released Defendants' Persons about the Released Plaintiff’s Claims in the Action .
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