According to the Complaint, Bill Barrett Corporation (BBG) is an independent energy company that develops, acquires and explores for oil and natural gas resources.

On December 5, 2017, BBG issued a press release announcing the proposed merger between BBG, through its subsidiaries, and Fifth Creek Energy Operating Company, LLC ( “Fifth Creek”).

The Complaint alleges that on December 22, 2017, the Board authorized the filing of a materially incomplete and misleading preliminary proxy statement/prospectus on Form S-4 with the Securities and Exchange Commission, in violation of Sections 14(a) and 20(a) of the Exchange Act.

This case was voluntarily dismissed on April 19, 2018.