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Case Status:    DISMISSED  
—On or around 10/02/2023 (Date of order of final judgment)
Current/Last Presiding Judge:  
Hon. Hector Gonzalez

Filing Date: May 14, 2021

According to the Complaint, Danimer Scientific, Inc. was formerly known as “Live Oak Acquisition Corp.,” a publicly traded SPAC. In December 2020, Live Oak consummated the Business Combination with Legacy Danimer, a performance polymer company specializing in bioplastic replacements for traditional petrochemical-based plastics. Following the Business Combination, Live Oak changed its name to “Danimer Scientific, Inc.,” changed its business to Legacy Danimer’s business, and replaced its management with Legacy Danimer’s management.

Since 2020, Legacy Danimer—and, following the Business Combination, Danimer—has sold polyhydroxyalkanoates (“PHAs”) commercially under its proprietary “Nodax” brand name for usage in a wide variety of plastic applications including water bottles, straws, and food containers, among others. The Company has touted Nodax as a 100% biodegradable, renewable, and sustainable plastic, which is purportedly superior to traditional plastics because of its advanced biodegradability. The Company attributes Nodax’s advanced biodegradability to microorganisms in nature that eat the bioplastic.

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, the Complaint alleges Defendants made false and/or misleading statements and/or failed to disclose that: (i) Danimer had deficient internal controls; (ii) as a result, the Company had misrepresented, inter alia, its operations' size and regulatory compliance; (iii) Defendants had overstated Nodax's biodegradability, particularly in oceans and landfills; and (iv) as a result, the Company's public statements were materially false and misleading at all relevant times.

On September 24, 2021, 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 21-CV-2708. Lead Plaintiff filed a consolidated Complaint on January 19, 2022.

Defendants filed a Motion to Dismiss the consolidated Complaint on May 31, 2022. On October 2, 2023, the Court issued an Order granting Defendants' Motion to Dismiss. The Complaint was dismissed with prejudice.

Lead Plaintiff filed a notice appealing the Court's judgment on October 27, 2023.

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