The information contained on this website is only a summary of the information presented in more detail in the Notice of Pendency and Proposed Settlement of Stockholder Class Action, Settlement Hearing, and Right to Appear. Because this website is just a summary, you should review the Notice for additional details.
Summary of the Action and Settlement
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) Plaintiff Michael Farzad (“Plaintiff”), individually and on behalf of the Class (as defined below); and (ii) defendants HighCape Capital, LP, HighCape Capital Acquisition LLC, Kevin Rakin, Matt Zuga, David Colpman, Robert Taub, Antony Loebel, Jonathan M. Rothberg, and Foresite Capital Management, LLC. Defendants deny all claims and allegations of wrongdoing alleged in the Settlement.
Collectively, the “Defendants,” and, together with Plaintiff, the “Parties,” and each a “Party”) have reached a proposed settlement of the Action (the “Settlement”) for $7,600,000 (United States Dollars) in cash (the “Settlement Amount”). The proposed Settlement, if approved by the Court, will resolve all claims in the Action.
If you are a member of the Settlement Class, you are subject to the Settlement. The Settlement Class consists of:
All record and beneficial holders of HighCape capital acquisition corp. (“HighCape”) class a common stock between May 10, 2021, and June 10, 2021, including their successors-in-interest who obtained shares by operation of law.
Excluded from the Settlement Class are: (i) Defendants and the members of the Individual Defendants’ immediate families; (ii) any Person, firm, trust, corporation, or any entity related to or affiliated with any of the foregoing individuals or entities, or in which any of the foregoing individuals or entities has a controlling interest; (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 HighCape Class A Common Stock during the Class Period; and (iv) any trusts, estates, entities, or accounts that held shares of HighCape Class A Common Stock for the benefit of any of the foregoing.
Please note: the Class is a non “opt-out” class pursuant to Delaware Court of Chancery Rules 23(a), 23(b)(1), and 23(b)(2). Accordingly, Class Members do not have the right to exclude themselves from the Class.
Please read the Notice to fully understand your rights and options. Copies of the Notice can be found on the Important Documents page of this website.
Payments to eligible claimants will be made only if the Court approves the Settlement and a Plan of Allocation, only after any appeals are resolved, and after the completion of all claims processing. Please be patient, as this process will take some time to complete.
| CLASS MEMBERS’ LEGAL RIGHTS IN THE SETTLEMENT: |
| TO RECEIVE A PAYMENT FROM THE SETTLEMENT, CLASS MEMBERS MUST SUBMIT A PROOF OF CLAIM AND RELEASE NO LATER THAN MAY 7, 2026. |
If you are a member of the Class, you may be eligible to receive a distribution from the Settlement proceeds. Eligible Class Members must submit a Proof of Claim and Release in order to receive a distribution from the Settlement, if approved by the Court. If you are eligible for a distribution from the Settlement, it will be paid to you directly. See § 6 in the Notice for further discussion. |
| OBJECT TO THE SETTLEMENT BY SUBMITTING A WRITTEN OBJECTION SO THAT IT IS RECEIVED NO LATER THAN MARCH 13, 2026. |
If you are a member of the Class and would like to object to the proposed Settlement, the proposed Plan of Allocation, and/or Plaintiff’s Counsel’s Fee Application, including Plaintiff’s application for a service award, you may write to the Court and explain the reasons for your objection. |
| ATTEND A HEARING ON MARCH 27, 2026, AT 11:00 A.M., AND FILE A NOTICE OF INTENTION TO APPEAR SO THAT IT IS RECEIVED NO LATER THAN MARCH 13, 2026. |
Filing a written objection and notice of intention to appear that is received by March 13, 2026 allows you to speak in Court, at the discretion of the Court, about your objection. In the Court’s discretion, the March 27, 2026 hearing may be conducted by telephone or videoconference (see § 9 in the Notice). If you submit a written objection, you may (but you do not have to) attend the hearing and, at the discretion of the Court, speak to the Court about your objection. |
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 the Claims Administrator by calling toll-free 1-888-825-1232 or emailing info@HighCapeStockholderSettlement.com or mailing a letter to:
HighCape Stockholder Settlement
c/o JND Legal Administration
P.O. Box 91220
Seattle, WA 98111
Inquiries should NOT be directed to the Court or the Clerk of the Court.
© JND Legal Administration. All rights reserved.
