Schachter v. Robertson

What is this Settlement about?

This website relates to a class action lawsuit (the “Action”) pending in the Court of Chancery of the State of Delaware (the “Court”) brought between the (i) Ahuva Schachter, Michael Smith, Douglas Neujahr, Samhita Gera, and Denish Bhavsar (the “Plaintiffs”), on behalf of themselves and the Class (as defined below); and Defendants Ian Robertson (“Robertson”), Ken Manget (“Manget”), Christopher Jarratt (“Jarratt”), Michael Hoffman (“Hoffman”), Paul Dalglish (“Dalglish”), Brad Sparkes (“Sparkes”), and Robert Schaefer (“Schaefer”) (the “Defendants”). Defendants deny all claims and allegations of wrongdoing alleged in the Settlement.

Collectively, the “Defendants,” and, together with Plaintiffs, the “Parties,” and each a “Party”) have reached a proposed settlement of the Action (the “Settlement”) for $4,000,000.00 (United States Dollars) in cash (the “Settlement Amount”). The proposed Settlement, if approved by the Court, will resolve all claims in the Action.

Who is included?

All persons who held shares of Northern Genesis Acquisition Corp (“NGA” or the “Company”) Class A Common Stock, who held such stock as of April 21, 2021 (the “Redemption Deadline”), either of record or beneficially, and who elected not to redeem all of such shares, including their successors-in-interest who obtained their shares by operation of law, but excluding: (i) defendants, as well as the members of their immediate families; (ii) any person, firm, trust, corporation, or any entity related to or affiliated with any of the foregoing individuals, or in which any of the foregoing individuals or entities has a controlling interest; and (iii) the legal representatives, heirs, successors, or assignees of any such excluded persons —in each case, only to the extent such persons or entities held shares of NGA class a common stock as of the Redemption Deadline (the “Class”). excluded persons also include any trusts, estates, entities, or accounts that held shares of NGA Class A Common Stock for the benefit of any excluded persons.

Please note: The Class is a non-opt-out class pursuant to Delaware Court of Chancery Rules 23(a), 23(b)(1). Accordingly, Class Members do not have the right to exclude themselves from the Class.

How do I obtain more information?

Detailed information about the Settlement is contained in the Notice, a copy of which can be found in the menu at the top of this page. Additional information can also be obtained by contacting Plaintiffs’ Counsel:

Plaintiffs’ Counsel

Christine M. Mackintosh Grant & Eisenhofer P.A. 123 Justison Street 7th Floor Wilmington, DE 19801

Erik W. Luedeke Robbins Geller Rudman & Dowd LLP 655 W. Broadway Suite 1900 San Diego, CA 92101

Gregory E. Del Gaizo Robbins LLP 5060 Shoreham Place Suite 300 San Diego, CA 92122

PLEASE DO NOT CALL OR WRITE THE COURT