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Case Status:    SETTLED  
—On or around 09/23/2022 (Date of order of final judgment)
Current/Last Presiding Judge:  
Hon. D. P. Marshall Jr.

Filing Date: October 26, 2018

According to the Complaint, Bank OZK is a retail and commercial bank with several subsidiaries focused on investment securities, development of real estate, and ownership of private aircraft. It was known as Bank of the Ozarks until July 16, 2018.

The Complaint alleges that throughout the Class Period, Defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the Company’s business, operations, and prospects. Specifically, Defendants failed to disclose to investors: (1) that the Company lacked adequate internal controls to assess credit risk; (2) that, as a result, certain of the Company’s loans posed an increased risk of loss; (3) that certain substandard loans were reasonably likely to lead to charge-offs; and (4) that, as a result of the foregoing, Defendants’ positive statements about the Company’s business, operations, and prospects were materially misleading and/or lacked a reasonable basis.

On January 10, 2019, the Court issued an Order appointing Lead Plaintiff and Counsel. Lead Plaintiff filed an amended Complaint on June 21. Defendants filed a Motion to Dismiss the amended Complaint on August 20. On April 3, 2020, the Court issued an Order partly granting and mostly denying Defendants' Motion to Dismiss.

Lead Plaintiff filed a second amended Complaint on October 23, 2020. Defendants filed a Motion to Dismiss the second amended Complaint on November 23. On January 29, 2021, the Court issued an Order granting in part and denying in part Defendants' Motion to Dismiss.

Plaintiff filed a Motion for Class Certification on July 30, 2021. On December 30, the Court issued an Order granting the Motion for Class Certification.

On May 23, 2022, the parties entered into a Stipulation of Settlement. The Court granted preliminary approval of the Settlement on June 27. On September 23, the Court granted final approval of the Settlement, including an award of Attorneys’ Fees and Expenses, and entered Final Judgment.


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