This official website is maintained by the Claims Administrator under the supervision of Lead Counsel for the members of the Class in Dan Kohl, et al. v. Loma Negra Compañía Industrial Argentina S.A., et al ., Index No. 653114/2018 (the “Litigation”), which is pending in the Supreme Court of the State of New York County of New York.
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.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | |
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SUBMIT A CLAIM FORM POSTMARKED (for U.S. Mail) OR RECEIVED BY A PRIVATE CARRIER (For FedEx, UPS, etc.), OR BY THE CLAIMS ADMINISTRATOR ONLINE, NO LATER THAN APRIL 19, 2024 | This is the only way to get a payment under the Settlement. If you have a Recognized Claim and want to receive a portion of the Settlement proceeds, you must submit a Proof of Claim and Release. |
SUBMIT A REQUEST FOR EXCLUSION POSTMARKED OR RECEIVED BY THE PRIVATE CARRIER (For FedEx, UPS, etc.), OR BY THE CLAIMS ADMINISTRATOR VIA EMAIL, NO LATER THAN MARCH 20, 2024 | Get no payment. This is the only option that allows you to bring your own lawsuit against the Released Parties about the Released Claims raised in this Action. If you exclude yourself, you will receive no payment and cannot object or speak at the Settlement Hearing. |
OBJECT TO THE SETTLEMENT OR ANY RELATED ASPECT POSTMARKED OR RECEIVED BY THE PRIVATE CARRIER (For FedEx, UPS, etc.), OR BY THE CLAIMS ADMINISTRATOR VIA EMAIL, NO LATER THAN MARCH 20, 2024 | Write to the Court about why you do not like the Settlement. You may, but are not required to, appear at the Settlement Fairness Hearing. You cannot object to the Settlement unless you are a member of the Settlement Class and do not exclude yourself. |
GO TO A HEARING | You may ask to speak in Court about the fairness of the Settlement at the Settlement Hearing. Notify the Court of your intention to appear at the hearing in the written objection you send to the Court. |
DO NOTHING | Get no payment. Give up all legal rights relating to the claims at issue in this Litigation and be bound by the Judgment. |
How Do I know if I am a Settlement Class Member?
If you purchased or acquired Loma ADSs pursuant and/or traceable to the Registration Statement issued by Loma in connection with its November 2017 IPO, you are a Settlement Class Member, unless excluded from the Settlement Class by the terms of the Stipulation. As set forth in the Stipulation, excluded from the Settlement Class are: (a) Defendants; (b) the individuals originally named as defendants in the Litigation and members of their immediate families; (c) the respective parents and subsidiaries of Loma and the Underwriter Defendants; (d) the officers and directors of Loma and the Underwriter Defendants and their immediate families, (e) any entity in which any Defendant has or had a direct or indirect majority ownership interest; and (f) the legal representatives, heirs, successors, or assigns of any such excluded party. Notwithstanding any aforementioned exclusions from the definition of “Settlement Class,” Investment Vehicles (as defined in the Stipulation) shall not be excluded from the Settlement Class. Also excluded from the Settlement Class is any Person who would otherwise be a Member of the Settlement Class, but who validly and timely has submitted, or submits, a Request for Exclusion in accordance with the requirements set by the Court.The Settlement Hearing
The Court will hold a Settlement Hearing on April 10, 2024, at 2:00 p.m., before the Honorable Andrew Borrok at the Supreme Court of the State of New York, County of New York: Commercial Division, 60 Centre Street, Courtroom 238, New York, NY 10007, for the purpose of determining whether: (i) the Settlement, as set forth in the Stipulation, for $24,600,000 in cash should be approved by the Court as fair, reasonable, and adequate; (ii) Judgment, as provided under the Stipulation, should be entered upon payment in full of the $24.6 million settlement amount; (iii) to award Plaintiff’s Counsel attorneys’ fees and expenses out of the Settlement Fund and, if so, in what amount; (iv) to compensate Plaintiff for his efforts in representing the Settlement Class out of the Settlement Fund and, if so, in what amount; and (v) the Plan of Allocation should be approved by the Court. The Court may adjourn or continue the Settlement Hearing or hold the Settlement Hearing by telephonic or video conference without further notice to members of the Settlement Class. Any change to the Settlement Hearing date, time, or manner will be posted on this website. Please check this website before attending to be sure that the date and/or time has not changed.Securities Brokers and Nominees
If you hold any Loma ADSs purchased or acquired between November 1, 2017 and June 21, 2018, inclusive, as a nominee for a beneficial owner, then, within fourteen (14) business days after you receive the Notice, you must either: (i) send a copy of the Notice, and the Proof of Claim and Release, by First-Class Mail to all such Persons; or (ii) provide a list of the names and addresses of such Persons to the Claims Administrator:
Claims Administrator
c/o A.B. Data, Ltd.
P.O. Box 173110
Milwaukee, WI 53217
Email: info@LomaNegraSecuritiesLitigation.com
Telephone: (877) 311-3744
Regardless of whether you choose to complete the mailing yourself or elect to have the mailing performed for you, you may obtain reimbursement for, or advancement of, reasonable administrative costs actually incurred or expected to be incurred in connection with forwarding the Notice and Proof of Claim and Release, and which would not have been incurred but for the obligation to forward such documents, upon submission of appropriate documentation to the Claims Administrator.
Further Information
For more details regarding this case, please reference the documents filed in the case under the “Court Documents” section at the top of this website. You may also contact the Claims Administrator for further information regarding this case.
Loma Negra Securities Litigation Settlement
Claims Administrator
c/o A.B. Data, Ltd.
P.O. Box 173110
Milwaukee, WI 53217
info@LomaNegraSecuritiesLitigation.com
Telephone: (877) 311-3744
Shannon L. Hopkins, Esq.
Andrew E. Lencyk, Esq.
David C. Jaynes, Esq
LEVI & KORSINSKY, LLP
33 Whitehall Street, 17th Floor
New York, NY 10004
Telephone: (212) 363-7500