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Case Status:    SETTLED
On or around 05/13/2019 (Date of order of final judgment)

Filing Date: March 22, 2016

According to the law firm press release, NantKwest, Inc., a biotechnology company, develops immunotherapeutic agents for various clinical conditions. The Company also holds right to commercialize a range of genetically modified derivatives that kills cancer and virally infected cells.

The Complaint alleges that throughout the Class Period, Defendants made materially false and misleading statements regarding the Company’s business, operations and compliance policies. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (i) NantKwest’s financial statements contained errors related to stock-based awards to the Company’s Chief Executive Officer and Executive Chairman; (ii) NantKwest’s financial statements contained errors related to build-to-suit lease accounting related to one of the Company’s research and development and good manufacturing practices (“GMP”) facilities; (iii) the Company lacked effective internal financial controls; and (iv) as a result of the foregoing, NantKwest’s public statements were materially false and misleading at all relevant times.

On March 11, 2016, NantKwest announced that the Company’s interim financial statements for the quarters ended June 30, 2015 and September 30, 2015 should no longer be relied upon due, in part, to the combined effect of financial statement errors primarily attributable to certain stock-based awards to Defendant and build-to-suit lease accounting related to one of its research and development and GMP facilities.

On this news, NantKwest stock fell $0.28, or 3.31%, to close at $8.17 on March 11, 2016.

On June 14, 2016, the Court appointed Lead Plaintiff and Counsel. Lead Plaintiff filed a consolidated complaint on August 4, 2016.

On October 11, 2016, the Court issued an order granting the Motion to Consolidate Related Cases.

On May 16, 2017, the Court issued an order granting in part and denying in part Defendants' motion to dismiss.

On June 5, 2017, a second amended and consolidated complaint was filed. This was followed by a third amended version of the complaint on July 10.

On September 20, 2017, the Court denied Defendants' motion to dismiss the complaint.

Lead Plaintiffs filed a motion for class certification on April 2, 2018. On August 13, the Court issued an Order granting class certification. On August 24, Lead Plaintiffs filed a consolidated fourth amended Complaint. On September 24, the parties announced that they had reached a Settlement in principle. On October 31, the parties entered into a Stipulation of Settlement. The Court issued an Order granting preliminary approval of the Settlement on January 9, 2019. On May 13, the Court granted final approval of the Settlement and entered Final Judgment. On December 9, the Court granted the unopposed motion for disbursement of Settlement funds.

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