DIAMOND FOODS FAIR FUND DISTRIBUTION PLAN NOTICE
This website provides information regarding a Securities and Exchange Commission Fair Fund distribution Notice.
Who is Eligible to Participate in the Fair Fund?
If you purchased or otherwise acquired Diamond Foods, Inc. (“Diamond Foods”) common shares ("Eligible Securities") in the United States between February 26, 2010 and February 9, 2012, inclusive (“Relevant Period”), and the shares were sold at a loss or continue to be held, you may be eligible for compensation for harm to investors caused by Defendant's violations of the securities laws. The Diamond Foods, Inc. Fair Fund (“Fair Fund”) was established by the Court to distribute monies to harmed investors. The administration of the Fair Fund is governed by the Plan of Distribution (“Distribution Plan”) approved by the Court on December 18, 2018. A copy of the plan, which contains a description of eligibility and other conditions to participation, can be found here. Pursuant to the Distribution Plan, you may be entitled to receive a monetary payment from the Fair Fund.
Determination of Recognized Claims
The amount of compensation shall be determined by referencing the Plan of Allocation included as Appendix I to the Distribution Plan. The amount of compensation will vary based on the exact dates of transaction in Diamond Foods, Inc. common stock during the Relevant Period, the number of shares of Diamond Foods Inc. purchased and/or sold, and the total dollar value of eligible claims submitted to the Fair Fund. If the sum of all approved claims exceeds the monies available for distribution, payments will be made on a pro rata basis, determined by the ratio of each approved claim to the aggregate amount of all approved claims. Appendix I to the Distribution Plan is posted here.
How to Participate
If you believe you are an Eligible Claimant and would like to participate, you must follow the instructions and complete the Proof of Claim Form available here. Fill out the Proof of Claim Form completely, sign it, include copies of all required supporting documentation, and return it in the to the Distribution Agent’s address listed below.
The submission of the Proof of Claim Form and the receipt and acceptance of a distribution by the Eligible Claimant is not intended to be a release of an Eligible Claimant’s rights and claims against any party.
Claim Filing Deadline: Submit a Claim postmarked on or before July 29, 2019
Please read the Distribution Plan, including the Plan of Allocation, and other relevant case documents in their entirety for more complete details. The documents can be found on the Case Documents tab.
If you need assistance completing the Proof of Claim Form or if you have any questions about this Fair Fund, you may obtain more information by calling the dedicated toll-free number at 1-866-677-0654 or sending an email inquiry to info@DiamondFoodsFairFund.com.
Special Notice to Brokers and Nominees
If you purchased or held Diamond Foods common stock for the beneficial interest of a person or organization other than yourself, within fourteen (14) calendar days of receipt of the Distribution Plan Notice, you must either: (1) request additional copies of the Distribution Plan Notice and Proof of Claim Form from the Distribution Agent, and, within fourteen (14) calendar days of receipt of such copies, send copies by first-class mail directly to beneficial owners; or (2) provide a list of the names and last known addresses of the beneficial owners (preferably in Excel format) to the Distribution Agent by email to firstname.lastname@example.org or by mail to the following address:
Diamond Foods, Inc. Fair Fund
c/o KCC Class Action Services
P.O. Box 404050
Louisville, KY 40233-4050
If you choose to mail the Distribution Plan Notice and Proof of Claim Form yourself, you may obtain from the Distribution Agent (without cost to you) as many additional copies of these documents as you will need to complete the mailing. If you choose the second option, KCC Class Action Services will send a copy of the Distribution Plan Notice and Proof of Claim Form to the persons and/or entities whose names and addresses you supply.
In either case, you may obtain reimbursement for reasonable administrative costs actually incurred in connection with forwarding the Distribution Plan Notice that would not have been incurred but for the obligation to forward the Distribution Plan Notice and Proof of Claim Form, upon submission of appropriate documentation to the Distribution Agent.