Envision Securities Litigation
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Frequently Asked Questions


  1. Why did I get a Notice?
  2. What is this lawsuit about?
  3. How do I know if I am a Member of the Class?
  4. Do I qualify to submit a claim? Do I qualify for payment? Is my specific security/CUSIP/purchase eligible?
  5. Can I submit my Proof of Claim and Release via email?
  6. What does the Settlement provide?
  7. How much will I get? Is this worth my time?
  8. Do I have a lawyer in this Settlement?
  9. When and where will the Court decide whether to approve the proposed Settlement?
  10. Do I have to come to the hearing?
  11. May I speak at the hearing?
  12. How do I get my stock records? You must have my records since you contacted me.
  13. I have multiple accounts. Do I need to submit multiple Proof of Claim forms?
  14. How do I submit a claim on behalf of a deceased beneficial purchaser/owner or their estate?
  15. What should I provide as documentation to support my transactions?
  16. Can I send a late claim?
  17. How long does it take to process my claim?
  18. What happens if I do nothing?

 



  1. Why did I get a Notice?

    The Notice was sent to you pursuant to an Order of a U.S. District Court because you or someone in your family or an investment account for which you serve as custodian may have purchased or otherwise acquired Envision common stock during the period between February 3, 2014 and October 31, 2017, inclusive (the “Class Period”), including Envision common stock purchased or otherwise acquired in or traceable to the December 1, 2016 merger between AmSurg Corp. and Envision Healthcare Holdings, Inc.

    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.

    The Court in charge of the Litigation is the United States District Court for the Middle District of Tennessee, Nashville Division, and the case is known as In re Envision Healthcare Corporation Securities Litigation, Civil Action No. 3:17-cv-01112. The case has been assigned to the Honorable William L. Campbell, Jr. The entities representing the Class are the “Plaintiffs,” and the individuals and entities they sued and who have now settled are called the Defendants.

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  2. What is this lawsuit about?

    A brief background of this case is provided on pages 3-5 of the Notice, and is also summarized on this 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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  3. 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 Persons who purchased or otherwise acquired the common stock of Envision between February 3, 2014 and October 31, 2017, inclusive (the “Class Period”), including common stock purchased or otherwise acquired in or traceable to the December 1, 2016 merger between AmSurg Corp. and Envision Healthcare Holdings Inc. Excluded from the Class are: (i) Defendants; (ii) members of the immediate families of each Individual Defendant; (iii) Envision’s subsidiaries or other entities owned or controlled by Envision; (iv) any entity in which any Defendant has a controlling interest; (v) the legal representatives, heirs, successors, administrators, executors, and assigns of each Defendant; and (vi) any Persons who properly exclude themselves by submitting a valid and timely request for exclusion. To the extent that an entity in which a Defendant has a controlling interest purchased or acquired Envision common stock in a fiduciary capacity or otherwise on behalf of any third-party client, account, fund, trust, employee or employee benefit plan that otherwise falls within the Class, neither that entity nor the third-party client, account, fund, trust, employee or employee benefit plan shall be excluded from the Class. To the extent any Envision employee benefit plan receives a distribution from the Net Settlement Fund, no portion shall be allocated to any person or entity who is excluded from the Class by definition.

    Please Note: Receipt of the Notice does not mean that you are a Class Member or that you will be entitled to receive a payment from the Settlement. If you are a Class Member and you wish to be eligible to participate in the distribution of proceeds from the Settlement, you are required to submit the Proof of Claim and the required supporting documentation, postmarked or submitted online on or before April 8, 2024.

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  4. Do I qualify to submit a claim? Do I qualify for 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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  5. 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. As indicated in the general instructions for the Proof of Claim and Release, you must submit your claim via the online form or you can mail your completed and signed Proof of Claim and Release addressed as follows:

    Envision Securities Litigation
    Claims Administrator
    c/o Gilardi & Co. LLC
    P.O. Box 301170
    Los Angeles, CA 90030-1170

    If submitting via the online form, there is a link on this website which allows a claimant to complete the Proof of Claim. The link is found on the “File Claim” tab under the header “Submit Your Proof of Claim Online.”

    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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  6. What does the Settlement provide?

    The Settlement provides that, in exchange for the release of the Released Claims (as defined in the Notice) and dismissal of the Litigation, Defendants have agreed to pay or cause to be paid $177.5 million in cash to be distributed after taxes, tax expenses, notice and claims administration expenses, and approved fees and expenses, pro rata, to Class Members who send in a valid Proof of Claim form pursuant to the Court- approved Plan of Allocation. The Plan of Allocation is described in more detail at the end of the Notice.

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  7. How much will I get? Is this worth my time?

    At this time, it is not possible to make any determination as to how much individual Class Members may receive from the Settlement. Plaintiffs have proposed a plan for allocating the Net Settlement Fund to those Class Members who timely submit valid Proof of Claim Forms. The Plan of Allocation proposed by Plaintiffs is set forth in the Notice.

    To be eligible to receive a payment from the Settlement, you must submit a Proof of Claim. A Proof of Claim may be downloaded from the Case Documents tab on this website. Read the instructions carefully, fill out the Proof of Claim, include all the documents the form asks for, sign it, and mail or submit it online so that it is postmarked or received no later than April 8, 2024. If submitting via the online form, there is a link on this website which allows a claimant to complete the Proof of Claim. The link is found on the “File Claim” tab under the header “Submit Your Proof of Claim Online."

    Your share of the Net Settlement Fund will depend on several things, including the total dollar amount of claims represented by the valid Proof of Claim forms that Class Members send in, compared to the dollar amount of your claim, all as calculated under the Plan of Allocation discussed in the Notice.

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  8. Do I have a lawyer in this Settlement?

    The Court ordered that the law firm of Robbins Geller Rudman & Dowd LLP represent the Class Members, including you. These lawyers are called Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  9. When and where will the Court decide whether to approve the proposed Settlement?

    The Court will hold a Settlement Hearing at 10:00 a.m., on March 21, 2024, in the Courtroom of the Honorable William L. Campbell, Jr., at the United States District Court for the Middle District of Tennessee, Nashville Division, Fred D. Thompson U.S. Courthouse and Federal Building, Courtroom 6D, 719 Church Street, Nashville, TN 37203. At the hearing, the Court will consider whether the Settlement and the Plan of Allocation are fair, reasonable, and adequate. If there are objections, the Court will consider them, even if you do not ask to speak at the hearing. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay to Class Counsel and Plaintiffs. At or after the Settlement Hearing, the Court will decide whether to approve the Settlement and the Plan of Allocation. We do not know how long these decisions will take. You should be aware that the Court may change the date, time, and location of the Settlement Hearing without another notice being sent to Class Members.

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  10. Do I have to come to the hearing?

    No. Class Counsel will answer questions the Court may have. But, you are welcome to come at your own expense. If you are a Class Member and send an objection, you do not have to come to Court to talk about it. As long as you are a Class Member and mailed your complete 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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  11. May I speak at the hearing?

    If you object to the Settlement, the Plan of Allocation, and/or the fee and expense application, you may ask the Court for permission to speak at the Settlement Hearing. To do so, you must include with your objection a statement saying that it is your “Notice of Intention to Appear in the Envision Securities Litigation.” Persons who intend to object to the Settlement, the Plan of Allocation, and/or any attorneys’ fees and expenses to be awarded to Plaintiffs’ Counsel or Plaintiffs and desire to present evidence at the Settlement Hearing must include in their written objections the identity of any witnesses they may call to testify and exhibits they intend to introduce into evidence at the Settlement Hearing. Your notice of intention to appear must be received no later than February 29, 2024, and addressed to the Clerk of Court, Class Counsel, and Defendants’ Counsel, at the addresses listed in the Notice.

    You cannot speak at the hearing if you exclude yourself from the Class.

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  12. How do I get my stock records? You must have my records since you contacted me.

    We do not hold stock records here. Gilardi & Company, LLC 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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  13. 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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  14. 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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  15. What should I provide as documentation to support my transactions?

    You are required to submit genuine and sufficient documentation for all of your purchases and sales of Envision common stock set forth in the Claim Form. Documentation may consist of copies of brokerage confirmation slips or monthly brokerage account statements, or an authorized statement from your broker containing the transactional and holding information found in a broker confirmation slip or account statement.

    Stock certificates are not considered a sufficient form of documentation as they do not provide the necessary trade date and transaction price information. We are also unable to accept handwritten documents, self-prepared tax forms or spreadsheets, or statements that are illegible due to document quality.

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  16. 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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  17. 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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  18. 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 the Released Defenant Parties about the Released Claims in this case.

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