Welcome to the VMware Securities Litigation Website
This website has been established to provide general information related to the proposed Settlement of the class action lawsuit referred to as Lamartina v. VMware, Inc., et al., Case No. 5:20-cv-02182-EJD (the “Action”), and pending before the Honorable Edward J. Davila in the United States District Court for the Northern District of California (the “Court”). The capitalized terms used on this website, and not otherwise defined, shall have the same meanings ascribed to them in the Stipulation of Settlement (the "Stipulation") dated October 4, 2024, which can be found and downloaded by clicking on the Case Documents tab above.
The law firm of Robbins Geller Rudman & Dowd LLP represents you and other Class Members. These lawyers are called Lead Counsel. You will not be charged for these lawyers. They will be paid from the Settlement Fund to the extent the Court approves their application for fees and expenses. If you want to be represented by your own lawyer, you may hire one at your own expense.
WHAT IS THIS LAWSUIT ABOUT?
As more fully described in the Notice of Pendency and Proposed Settlement of Class Action (the "Notice"), the Lead Plaintiff alleges that during the period between August 23, 2018 and February 27, 2020, inclusive, Defendants purportedly made materially false or misleading statements in violation of §10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 promulgated thereunder, which caused the prices of VMWare Class A common stock to trade at allegedly inflated prices. Specifically, Lead Plaintiff alleges that Defendants purportedly made material misrepresentations and omissions, with scienter, in connection with the Company's statements with respect to its sales backlog. Lead Plaintiff alleges that persons who purchased VMware Class A common stock during the Class Period allegedly suffered economic losses when the price of VMware Class A common stock declined after the Company reported decreases in sales backlog on certain dates in 2019 and 2020.
If you purchased or otherwise acquired the publicly traded Class A common stock of VMware during the period from August 24, 2018 through February 27, 2020, inclusive, and were damaged thereby, you are a Class Member. Excluded from the Class are Individual Defendants and their immediate family members. Also excluded from the Class are any persons or entities who exclude themselves by submitting a request for exclusion in connection with the Notice that is accepted by the Court.
WHAT DOES THE SETTLEMENT PROVIDE?
The Settlement provides that, in exchange for the release of the Released Claims (defined in the Notice), Defendants will pay or cause to be paid $102,500,000 in cash to be distributed after Taxes, Tax Expenses, Notice and Administration Costs, and any Court-approved attorneys’ 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 in the Notice.
ADDITIONAL INFORMATION
Although the information on this website is intended to assist you, it does not replace the information contained in the Notice and the Stipulation, both of which can be found and downloaded by clicking on the Case Documents tab above. We recommend that you read the Notice and other relevant case documents carefully. You may also wish to read the answers to Frequently Asked Questions provided on this website.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
DO NOTHING
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Get no payment. Remain a Class Member. Give up your rights.
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REMAIN A MEMBER OF THE CLASS AND SUBMIT A CLAIM FORM THAT IS RECEIVED OR SUBMITTED ONLINE NO LATER THAN MARCH 17, 2025
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This is the only way to be potentially eligible to receive a payment. If you with to obtain a payment as a member of the Class, you will need to submit a Claim Form such that is is received or submitted online no later than March 17, 2025.
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EXCLUDE YOURSELF FROM THE CLASS BY SUBMITTING A REQUEST FOR EXCLUSION THAT IS RECEIVED NO LATER THAN MARCH 10, 2025
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Get no payment. This is the only option that potentially allows you to ever be part of any other lawsuit against the Defendants or any other Released Defendants Parties about the legal claims being resolved by this Settlement. Should you elect to exclude yourself from the Class you should understand that Defendants and the other Released Defendants Parties will have the right to assert any and all defenses they may have to any claims that you may seek to assert, including, without limitation, the defense that any such claims are untimely under applicable statutes of limitations and statutes of repose.
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OBJECT TO THE SETTLEMENT SO THAT IT IS FILED OR RECEIVED NO LATER THAN MARCH 10, 2025
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Write to the Court about your view on the Settlement, or why you do not think the Settlement, the proposed Plan of Allocation, or the request for attorneys' fees and litigation expenses is fair to the Class. You will still be a Class Member. You must still submit a Claim Form in order to be potentially eligible to receive any money from the Settlement Fund. If you submit a written objection, you may (but do not have to) attend the hearing.
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GO TO THE HEARING ON MARCH 31, 2025, AT 9:00 A.M., AND FILE A NOTICE OF INTENTION TO APPEAR SO THAT IT IS RECEIVED NO LATER THAN MARCH 10, 2025
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Ask to speak in Court about the fairness of the Settlement, the proposed Plan of Allocation, or the request for attorneys' fees and litigation expenses.
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IMPORTANT DATES AND DEADLINES
Submit Proof of Claim: |
March 17, 2025 |
File Notice of Intention to Appear: |
March 10, 2025 |
Submit Objection: |
March 10, 2025 |
Request Exclusion: |
March 10, 2025 |
Settlement Hearing: |
March 31, 2025 at 9:00 A.M |