WELCOME TO THE JERNIGAN SECURITIES SETTLEMENT WEBSITE
The information contained on this website is only a summary of the information presented in more detail in the Notice of Pendency and Proposed Settlement of Class Action (“Notice”). Because this website is just a summary, you should review the Notice for additional details.
SUMMARY OF THE ACTION AND SETTLEMENT
This website relates to a proposed Settlement of a class action lawsuit (“Action”) brought by lead plaintiff John R. Erickson (“Lead Plaintiff”) against defendants Jernigan Capital, Inc., n/k/a NexPoint Storage Partners, Inc. (“Jernigan” or the “Company”), John A. Good, Mark O. Decker, James Dondero, Howard A. Silver, Harry J. Thie, and Rebecca Owen (collectively, “Defendants”), alleging violations of Sections 14(a) and 20(a) of the Securities Exchange Act. More specifically, Lead Plaintiff alleged that shareholders of Jernigan common stock voted on the Transaction pursuant to a materially false and misleading Proxy. Lead Plaintiff also alleged that the $17.30 per share that Jernigan shareholders received in the Transaction represented inadequate consideration. Defendants deny all claims and allegations asserted against them alleged in the Action.
The Court has not decided in favor of Defendants or the Class. Instead, both sides agreed to a settlement of the Action for $12 million in cash (“Settlement”) for the benefit of the Class. On May 29, 2025, the Court will hold a Settlement Hearing to consider final approval of the Settlement and related matters.
If you are a Class Member, you are subject to the Settlement. The Class consists of: 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.
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 read the Notice to fully understand your rights and options. Copies of the Notice and Proof of Claim and Release (“Proof of Claim” or “Claim Form”) can be found in the Case Documents and File Claim tabs at the top of this page.
Payments to eligible claimants will be made only if the Court approves the Settlement and Plan of Allocation, 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.
YOUR LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENT
SUBMIT A CLAIM FORM |
Submitting a claim is the only way to be potentially eligible to receive a payment from the Net Settlement Fund. Proofs of Claim must be postmarked or submitted online on or before June 10, 2025. |
EXCLUDE YOURSELF |
If you exclude yourself from the Class, you will not be eligible to receive any payment from the Net Settlement Fund. This is the only option that potentially allows you to ever be part of any other lawsuit against any of the Defendants or any other Released Defendants’ Persons concerning the Released Plaintiff’s Claims. Exclusions must be postmarked on or before May 8, 2025. |
OBJECT |
If you do not like the proposed Settlement, the proposed Plan of Allocation, or the request for attorneys’ fees and expenses, you may write to the Court and explain why you do not like them. You cannot object to the Settlement, the Plan of Allocation, or the fee and expense requests unless you are a Class Member and do not exclude yourself from the Class. Objections must be received by the Court and counsel on or before May 8, 2025. If you submit a written objection, you may (but do not have to) attend the hearing. |
GO TO THE HEARING ON MAY 29, 2025 |
You may 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 May 8, 2025. If you submit a written objection, you may (but you do not have to) attend the hearing. |
DO NOTHING |
If you do nothing, you will receive no payment. You will, however, still be a member of the Class, which means that you give up your right to ever be part of any other lawsuit against the Defendants or any other Released Defendants’ Persons about Released Plaintiff’s Claims being resolved by this Settlement and you will be bound by any judgments or orders entered by the Court in the Action. |
IMPORTANT DATES AND DEADLINES
Submit Proof of Claim |
June 10, 2025 |
Exclude yourself from the Class |
May 8, 2025 |
Object |
May 8, 2025 |
Settlement Hearing |
May 29, 2025 at 1:00 p.m. ET |