According to the Complaint, Resolute Energy Corporation is an oil and natural gas exploration company that operates in the southern and western regions of the United States.

This action is brought in connection with the proposed merger (the “Proposed Transaction”) of Resolute with Cimarex Energy Company. On November 19, 2018, Resolute and Cimarex jointly announced the Proposed Transaction in a press release.

On December 14, 2018, Defendants caused the Proxy to be filed with the SEC in connection with the Proposed Transaction. The Proxy solicits the Company’s shareholders to vote in favor of the Proposed Transaction. The Complaint alleges that the Proxy misrepresents and/or omits both required and material information that is necessary for the Company’s shareholders to make an informed decision concerning whether to vote in favor of the Proposed Transaction, in violation of Sections 14(a) and 20(a) of the Exchange Act.

On May 1, 2019, the Court issued an Order consolidating cases and appointing Lead Plaintiff and Counsel. All future docketing was ordered to be done in the lead case 19-CV-00077. Lead Plaintiff filed a consolidated Complaint on June 14. Defendants filed a Motion to Dismiss the consolidated Complaint on July 29. On March 18, 2020, the Court granted Defendants' Motion to Dismiss. Plaintiffs were given leave to amend the Complaint.

On April 13, Lead Plaintiff filed a consolidated amended Complaint. Defendants filed a Motion to Dismiss the consolidated amended Complaint on May 28 On February 1, 2021, the Court issued an Order granting Defendants' Motion to Dismiss. The federal claims were dismissed with prejudice.

Lead Plaintiff filed a notice appealing the Court's Dismissal Order on March 3, 2021. On February 18, 2022, the Court of Appeals affirmed the District Court's Dismissal Order.