Welcome to the EarthLink Merger 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 Robert Murray ("Lead Plaintiff"), alleging the Defendants violated federal securities laws by making materially misleading and incomplete representations in documents issued to EarthLink stockholders in order to effectuate the Merger between EarthLink and Windstream.
Defendants deny any wrongdoing and state that they are entering into the Settlement solely to eliminate the uncertainty, risk, burden, and expense of further protracted litigation.
The Court has not decided in favor of Defendants or Lead Plaintiff. Instead, both sides have agreed to a settlement of the Action for $85 million in cash that will resolve all claims on behalf of the Settlement Class against the Defendants (among others) in the Action (the “Settlement”).
On February 6, 2025, at 10:00 a.m., the Court will hold a Settlement Hearing to consider the fairness, reasonableness, and adequacy of the Settlement to the Settlement Class and related matters.
HOW DO I KNOW IF I AM AFFECTED BY THE SETTLEMENT?
If you are a member of the Settlement Class, you are subject to the Settlement unless you timely request to be excluded. The Settlement Class consists of: (i) all Persons or entities who acquired Windstream common stock in exchange for their shares of EarthLink in connection with the close of the Merger between EarthLink and Windstream on or about February 27, 2017, and were damaged thereby; (ii) all Persons or entities who held EarthLink common stock as of January 23, 2017, the record date for EarthLink stockholders in the Merger, and acquired Windstream common stock in exchange for their shares of EarthLink in connection with the close of the Merger on or about February 27, 2017, and were damaged thereby; and (iii) all Persons or entities who purchased or otherwise acquired Windstream common stock pursuant and/or traceable to the Offering Documents, and were damaged thereby. Excluded from the Settlement Class are Defendants and their immediate families, any entity in which a Defendant has a controlling interest, and the legal representatives, heirs, successors, or assigns of any such excluded party. Also excluded from the Settlement Class are all Persons and entities who timely and validly request exclusion from the Settlement Class in accordance with the requirements set by the Court in connection with the Notice and the legal representatives, affiliates, heirs, successors, or assigns of any such excluded Person.
ADDITIONAL INFORMATION
Please read the Notice to fully understand your rights and options. Copies of the Notice can be found in the Case Documents tab 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 paitient, as this process will take some time to complete.
SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENT
| DO NOTHING |
Get no payment. Remain a Settlement Class Member. Give up your rights to sue about the claims that were resolved in the Settlement. Be bound by any judgments entered by the Court in the Action and the releases in the Stipulation. |
| EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS |
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 Defendant Parties about the claims being resolved by this Settlement. Should you elect to exclude yourself from the Settlement Class, you should understand that Defendants and the other Released Defendant Parties will have the right to assert any and all defenses they may have to any claims that you may seek to assert. Requests for Exclusion must be postmarked or received on or before January 16, 2025. Please be advised that the U.S. Postal Service may not postmark mail which is not presented in person. |
| REMAIN A MEMBER OF THE SETTLEMENT CLASS AND SUBMIT A PROOF OF CLAIM POSTMARKED NO LATER THAN FEBRUARY 3, 2025 |
This is the only way to be potentially eligible to receive a payment. Be bound by any judgments entered by the Court in the Action and the releases in the Stipulation. If you wish to obtain a payment as a member of the Settlement Class, you will need to file a valid Proof of Claim and Release form (the “Proof of Claim”), postmarked or submitted online no later than February 3, 2025. |
| OBJECT TO THE SETTLEMENT SO THAT IT IS RECEIVED NO LATER THAN JANUARY 16, 2025 |
Write to the Court about your view on the Settlement, the Plan of Allocation, or the Fee and Expense Application, or why you do not believe the Settlement, the Plan of Allocation, and/or the Fee and Expense Application is fair to the Settlement Class.
If you do not exclude yourself from the Settlement Class, you may object to the Settlement, the Plan of Allocation, or the Fee and Expense Application. You must still submit a Proof of Claim in order to be potentially eligible to receive any money from the Net Settlement Fund. |
| GO TO THE HEARING ON FEBRUARY 6, 2025, AT 10:00 A.M., AND FILE A NOTICE OF INTENTION TO APPEAR SO THAT IT IS RECEIVED NO LATER THAN JANUARY 16, 2025 |
Filing a written objection and notice that you intend to appear by January 16, 2025 allows you to speak in Court, at the discretion of the Court, about the fairness of the Settlement, the Plan of Allocation, and/or the Fee and Expense Application. If you submit a written objection, you may (but you do not have to) speak at the hearing. |
IMPORTANT DATES AND DEADLINES
| Submit Proof of Claim: |
February 3, 2025 |
Exclude yourself from
the Settlement Class |
January 16, 2025 |
| Object |
January 16, 2025 |
| Settlement Hearing |
February 6, 2025, at 10:00 a.m. |