IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
In re GROUPON, INC. SECURITIES
LITIGATION
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Master File No. 12 C 2450
Hon. Charles R. Norgle
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This Document Relates To:
ALL ACTIONS.
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NOTICE OF PENDENCY OF CLASS ACTION AND
PROPOSED SETTLEMENT
PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. YOUR RIGHTS MAY BE AFFECTED BY PROCEEDINGS IN THIS
ACTION.
TO: ALL PERSONS OR ENTITIES WHO PURCHASED OR ACQUIRED SHARES OF GROUPON’S CLASS A
COMMON STOCK, PAR VALUE $0.0001 PER SHARE (THE “COMMON STOCK”), IN OR TRACEABLE TO GROUPON’S INITIAL PUBLIC OFFERING BETWEEN
NOVEMBER 4, 2011 AND MARCH 30, 2012, BOTH DATES INCLUSIVE (“THE CLASS PERIOD”), AND WERE OR MAY HAVE BEEN DAMAGED
THEREBY.
- AND -
ALL SUCH PERSONS OR ENTITIES WHO PURCHASED OR ACQUIRED SHARES OF COMMON STOCK BETWEEN FEBRUARY 9, 2012
AND MARCH 30, 2012, BOTH DATES INCLUSIVE (“THE SUBCLASS PERIOD”) AND WERE OR MAY HAVE BEEN DAMAGED THEREBY.
Excluded from the Class are (1) Defendants and Former Underwriter Defendants and their
immediate families; (2) any entity in which Defendants or Former Underwriter Defendants have or had a majority interest; (3) past
and present Officers and Directors of Groupon, Inc.; and (4) the legal representatives, heirs, successors, or assigns of any
excluded party.
NEW YORK, May 09, 2016 (GLOBE NEWSWIRE) -- YOU ARE HEREBY NOTIFIED, pursuant to an Order of the
United States District Court, Northern District of Illinois (the “Court”) of a proposed $45 million Settlement in
the above-captioned action (the “Action”). Plaintiffs estimate there were approximately 40.25 million shares of the Common Stock
traded during the Class Period that may have been damaged. If all such shares were in fact damaged and elect to participate
in the Settlement, the average recovery per share could be $1.118 before deduction of any fees, expenses, costs, and awards
described herein. The actual amount disbursed to members of the Class who participate in the Settlement may be more or less
than this figure.
A hearing will be held on July 13, 2016, at 10:00 a.m. before Honorable Charles R. Norgle in Courtroom 2341 of
the United States District Court for the Northern District of Illinois, Everett McKinley Dirksen Building, United States
Courthouse, 219 South Dearborn Street, Chicago, IL 60604, to determine: (1) whether the proposed Settlement of the Class’s claims
against the Defendants for $45,000,000.00 should be approved as fair, reasonable and adequate; (2) whether the proposed Plan of
Allocation is fair, just, reasonable, and adequate; (3) whether the Court should permanently enjoin the assertion of any claims
that arise from or relate to the subject matter of the Action; (4) whether the Action should be dismissed with prejudice against
the Defendants as set forth in the Stipulation of Settlement filed with the Court; (5) whether the application by Class Counsel for
an award of attorneys’ fees and expenses should be approved; and (6) whether the Class Plaintiffs’ application for reimbursement of
costs and expenses should be granted.
If you purchased the Common Stock in or traceable to Groupon’s IPO during the Class Period and were or
may have been damaged thereby OR you purchased or acquired the Common Stock during the Subclass Period and were or may have been
damaged thereby, your rights may be affected by the Settlement of this Action. If you have not received a detailed Notice
of Pendency of Class Action (the “Notice”) and a copy of the Proof of Claim and Release Form, you may obtain copies by writing to
the Claims Administrator at In re Groupon, Inc. Securities Litigation c/o KCC Class Action Services, P.O Box 40007 College
Station TX 77842-4007, by calling (877) 369-3968, or by visiting www.grouponsecuritieslitigation.com.
If you are a member of the Class, in order to share in the distribution of the Net Settlement Fund, you must
timely submit a Proof of Claim to the Claims Administrator’s address provided above and postmarked no later than August 26,
2016. If you are a member of the Class and do not submit a proper Proof of Claim, you will
not share in the distribution of the net proceeds of the Settlement but you will nevertheless be bound by any judgment or orders
entered by the Court.
If you desire to be excluded from the Settlement Class, you must submit to the Claims Administrator a request
for exclusion, at the address above and postmarked no later than June 29, 2016, in the manner and form detailed in
the Notice. If you properly exclude yourself from the Settlement Class, you will not be bound by any judgment or orders
entered by the Court in the Action and you will not be eligible to share in the proceeds of the Settlement.
If you have any objection to the proposed Settlement, the adequacy of the representation provided by Class
Plaintiffs and Class Counsel, the proposed Plan of Allocation of the Net Settlement Fund, the Final Order and Judgment contemplated
by the Stipulation, the application for attorneys’ fees not to exceed 30% of the Settlement Amount, and reimbursement of expenses
not to exceed $1.15 million, and/or the application of a Compensatory Award, not to exceed $5,000 each, for the time and expenses
incurred by Class Plaintiffs, or if you otherwise wish to be heard with respect to any of the foregoing, you may appear in person
or by attorney at the Final Approval Hearing. Notice of objection or appearance must be filed in the manner detailed in the Notice
with the Clerk of the Court and delivered to Class Counsel and Defendants’ Counsel, such that it is received by each party no later
than June 29, 2016, in accordance with the instructions set forth in the Notice.
All members of the Class who do not request exclusion therefrom, in the manner provided herein, will be
represented by Class Counsel in connection with the Settlement, but may, if they so desire, also enter an appearance through
counsel of their own choice and at their own expense.
INQUIRIES SHOULD NOT BE DIRECTED TO THE COURT, THE
CLERK’S OFFICE, THE DEFENDANTS, OR DEFENDANTS’ COUNSEL. Any questions should be directed to:
Claims Administrator:
In re Groupon, Inc. Securities Litigation
c/o KCC Class Action Services
P.O Box 40007
College Station TX 77842-4007
Telephone: (877) 369-3968 |
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Class Counsel:
Joshua B. Silverman, Esq.
Pomerantz LLP
10 South La Salle Street, Suite 3505
Chicago, IL 60603
jbsilverman@pomlaw.com
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Dated: May 9, 2016
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
By Order of the Court
United States District Court
Northern District of Illinois
The Pomerantz Firm, with offices in New York, Chicago, Florida, and Los Angeles, is acknowledged as one of the premier firms in the
areas of corporate, securities, and antitrust class litigation. Founded by the late Abraham L. Pomerantz, known as the dean of the
class action bar, the Pomerantz Firm pioneered the field of securities class actions. Today, more than 80 years later, the
Pomerantz Firm continues in the tradition he established, fighting for the rights of the victims of securities fraud, breaches of
fiduciary duty, and corporate misconduct. The Firm has recovered numerous multimillion-dollar damages awards on behalf of class
members. See www.pomerantzlaw.com
CONTACT: Robert S. Willoughby Pomerantz LLP rswilloughby@pomlaw.com