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Case Status:    DISMISSED    
On or around 03/29/2018 (Court's order of dismissal)

Filing Date: January 05, 2018

According to the Complaint, Amplify is a snack food company focused on developing and marketing products that appeal to consumers’ growing preference for better-for-you (“BFY”) snacks.

On December 18, 2017, Amplify and Hershey issued a joint press release announcing that they had entered into an Agreement and Plan of Merger (the “Merger Agreement”) to sell Amplify to Hershey.

On January 2, 2018, Amplify filed a Solicitation/Recommendation Statement on Schedule 14D-9 (the “Recommendation Statement”) with the SEC. The Complaint alleges that the Recommendation Statement, which recommends that Amplify stockholders tender their shares in favor of the Proposed Transaction, omits or misrepresents material information concerning, among other things: (i) Amplify’s financial projections, relied upon by Amplify’s financial advisor, Jefferies LLC (“Jefferies”) in connection with rendering its fairness opinion; (ii) the data and inputs underlying the financial valuation analyses that support the fairness opinion provided by Jefferies; and (iii) Company insiders’ potential conflicts of interest. The failure to adequately disclose such material information constitutes a violation of Sections 14(d), 14(e) and 20(a) of the Exchange Act as Amplify stockholders need such information in order to make a fully informed decision whether to tender their shares in support of the Proposed Transaction or seek appraisal.

This case was voluntarily dismissed on March 26, 2018.


Sector: Consumer Non-Cyclical
Industry: Food Processing
Headquarters: United States


Ticker Symbol: BETR
Company Market: New York SE
Market Status: Public (Listed)

About the Company & Securities Data

"Company" information provides the industry and sector classification and headquarters state for the primary company-defendant in the litigation. In general, "Securities" information provides the ticker symbol, market, and market status for the underlying securities at issue in the litigation.

In most cases, the primary company-defendant actually issued the securities that are the subject of the litigation, and the securities information and company information relate to the same entity. In a small subset of cases, however, the primary company-defendant is not the issuer (for example, cases against third party brokers/dealers), and the securities information and company information do not relate to the same entity.
COURT: W.D. Texas
DOCKET #: 18-CV-00014
JUDGE: Hon. Lee Yeakel
DATE FILED: 01/05/2018
CLASS PERIOD END: 01/05/2018
  1. The Bilek Law Firm, L.L.P.
  2. WeissLaw LLP
No Document Title Filing Date
—Reference Complaint Complaint Related Data is not available
—Related District Court Filings Data is not available