If you purchased or otherwise acquired Nutanix, Inc. ("Nutanix") securities between November 30, 2017 and May 30, 2019, inclusive (the “Class Period”); and/or transacted in publicly traded call options and/or put options of Nutanix during the Class Period, you could be entitled to a payment from the proposed Settlement. 

For a full description of the Settlement, including a description of your rights under the Settlement and how to file a claim, click on the Case Documents page where you can download and review the Stipulation of Settlement ("Stipulation"), the long-form Notice of Pendency and Proposed Settlement of Class Actions ("Notice"), Proof of Claim and Release Form ("Claim Form") and other critical documents.

For the most effective submission method, we recommend you submit a Claim Form on this website. There is a link found on the File Claim page under the header “Submit Your Claim Form Online.”

Note that the online link will be disabled at any time after the submission deadline and you will only be able to submit via mail.

A brief background of the case is provided in the Notice on pages 4 and 5 and is also summarized on the home page of this website for your convenience. We do not have any more information regarding the background of this case and litigation available beyond what is provided in the Notice.

The Class consists of all persons or entities who: (i) purchased or otherwise acquired Nutanix securities between November 30, 2017 and May 30, 2019, inclusive (the “Class Period”); and/or (ii) transacted in publicly traded call options and/or put options of Nutanix during the Class Period.

Excluded from the Class are Nutanix and its subsidiaries and affiliates, the Individual Defendants, any of Defendants’ respective officers and directors at all relevant times, and any of their immediate families, legal representatives, heirs, successors, or assigns, and any entity in which any Defendant has or had a Controlling Interest. Also excluded from the Class are any persons or entities who exclude themselves by submitting a request for exclusion in connection with the Notice that is accepted by the Court.

Please note that receipt of the Notice does not mean that you are a Class Member or that you will be entitled to receive a payment from the Settlement. If you are a Class Member and you wish to be eligible to participate in the distribution of proceeds from the Settlement, you are required to submit the Claim Form and the required supporting documentation as set forth therein postmarked, if mailed, or received, if submitted online, on or before September 6, 2023.

We are unable to advise regarding claim eligibility prior to receiving and processing a Proof of Claim submission. We cannot be more specific than the information which has been included in the Notice and cannot interpret how the Notice or Plan of Allocation may apply to a specific claim prior to processing.

Email is not an acceptable submission method and claims submitted via email will not be reviewed for eligibility. As indicated in the general instructions for the Claim Form, you must submit your claim online via this website or mail your completed and signed Claim Form addressed as follows:

Nutanix Securities Settlement
Claims Administrator
c/o Gilardi & Co. LLC
PO Box 301133
Los Angeles, CA 90030-1133

To submit your claim online, use the link under the header “Submit Your Claim Form Online" on the File Claim page.

The Settlement provides that, in exchange for the release of the Released Claims and dismissal of the Actions, Nutanix will pay $71,000,000 in cash, plus any interest earned thereon, less all Taxes, Tax Expenses, Notice and Administration Expenses, approved attorneys’ fees and expenses, and any other fees or expenses approved by the Court (“Net Settlement Fund”). The Net Settlement Fund shall be distributed, pro rata, to Class Members who submit timely and valid Proofs of Claim to the Claims Administrator (“Authorized Claimants”) according to the Plan of Allocation which is described in more detail on pages 6 through 12 of the Notice. 

To be potentially eligible for a payment from the proceeds of the Settlement, you must be a Class Member and must timely complete and return the Claim Form with adequate supporting documentation postmarked, if mailed, or received, if submitted online, no later than September 6, 2023.

Your share of the Net Settlement Fund will depend on several things, including the total dollar amount of claims represented by the valid Claim Forms that Class Members send in, compared to the dollar amount of your claim, all as calculated under the Plan of Allocation.

By following the instructions in the Plan of Allocation, you can calculate your claim. It is unlikely that you will get a payment for the full amount of your claim. After all Class Members have sent in their Claim Forms, the payment you get will be a part of the Net Settlement Fund equal to your claim divided by the total of all valid claimants’ claims. The payment you get, if eligible, will reflect your pro rata share of the Net Settlement Fund.

The Court ordered that the law firms of Robbins Geller Rudman & Dowd LLP and Levy & Korsinsky, LLP represent the Class Members, including you. The firms are called Lead Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense. 

Lead Counsel have not received any payment for their services in pursuing claims against Defendants on behalf of the Class, nor have Lead Counsel been paid for their expenses. Before final approval of the Settlement, Lead Counsel intend to apply to the Court for an award of attorneys’ fees from the Settlement Fund of no more than 30% of the Settlement Amount, plus interest. At the same time, Lead Counsel also intend to apply for payment from the Settlement Fund for counsel’s litigation expenses in a total amount not to exceed $750,000, plus interest. The Court will determine the amount of the award of fees and expenses. Such sums as may be approved by the Court will be paid from the Settlement Fund. Class Members are not personally liable for any such fees or expenses.

The Settlement Hearing will be held on October 4, 2023, at 2:00 p.m., before the Honorable William H. Orrick, at the United States District Court, Northern District of California, Phillip Burton Federal Building & United States Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102. The Court reserves the right to approve the Settlement or the Plan of Allocation, Lead Counsel’s motion for an award of attorneys’ fees and expenses, and/or any other matter related to the Settlement at or after the Settlement Hearing without further notice to the Class Members.

No. Lead Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as your written objection is received on time, the Court will consider it. Class Members do not need to appear at the hearing or take any other action to indicate their approval.

Absent the Court ordering otherwise, you may not appear at the Settlement Hearing to present your objection unless you have first filed a written objection in accordance with the procedures described in Frequently Asked Question No. 16 below.  (You may file a written objection without having to appear at the Settlement Hearing.) 

The Settlement Hearing may be adjourned by the Court without further written notice to the Class, other than a posting of the adjournment on this  website. If you plan to attend the Settlement Hearing, you should confirm the date and time with Lead Counsel.

We do not hold stock records here. Gilardi & Co., LLC is a third-party administrator appointed by the Court to notify potential claimants. We are provided with names and addresses of potential claimants in order to notify individuals of settlements but do not have access to your private investment records. We recommend you contact the institution where you held your Nutanix securities and/or options and request proof or supporting documentation for your claim. 

We cannot advise you as to whether or not you should choose to submit a claim, exclusion, or objection.

Unless you timely and validly exclude yourself, you are staying in the Class, and that means that you cannot sue, continue to sue, or be part of any other lawsuit against the Released Defendant Parties in this case. It also means that all of the Court’s orders will apply to you and legally bind you, and you will release your claims in this case against the Released Defendant Parties. The terms of the release are included in the Notice, Claim Form, and Stipulation.

If you do not submit a Claim Form, you will not receive any money from this Settlement but will still be part of the Class and subject to applicable releases.

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Class.

To exclude yourself from the Class, you must send a letter by First-Class Mail stating that you “request exclusion from the Class in the Nutanix Securities Settlement.” To be valid, your letter must include the date(s), price(s) paid or received for each such purchase, acquisition, transaction, or sale, and number of Nutanix securities or options purchased, acquired, transacted, or sold during the Class Period. In addition, you must include your name, address, telephone number, and your signature. You must submit your exclusion request so that it is postmarked no later than September 13, 2023 to:

Nutanix Securities Settlement
c/o Gilardi & Co. LLC
EXCLUSIONS
P.O. Box 5100
Larkspur, CA 94977-5100

If you ask to be excluded, you will not get any payment from the Settlement, and you cannot object to the Settlement. If you exclude yourself, you may not send in a Claim Form to ask for any money. You will not be legally bound by anything that happens in this lawsuit, and you may be able to sue the Defendants and the other Released Defendant Parties about the Released Claims in the future.

Unless you exclude yourself, you give up any rights you may potentially have to sue the Defendants and the other Released Defendant Parties for any and all Released Claims. If you have a pending lawsuit against the Released Defendant Parties, speak to your lawyer in that case immediately. You must exclude yourself from the Class in these Actions to continue your own lawsuit.

If you wish to object to the Settlement or any of its terms, the proposed Plan of Allocation, or Lead Counsel’s application for attorneys’ fees and litigation expenses, and if you do not exclude yourself from the Class, you may present your objections by following the instructions in the section entitled, “When And Where Will The Court Decide Whether To Approve The Settlement?” in the Notice. If you submit a request to exclude yourself from the Class, you are not entitled to submit an objection.

You cannot ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object.

Any objection to the proposed Settlement must be in writing. If you file a timely written objection, you may, but are not required to, appear at the Settlement Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney. All written objections and supporting papers must: (i) clearly identify the case name and number (either In re Nutanix, Inc. Securities Litigation, No. 3:19-cv-01651-WHO (N.D. Cal.) or John P. Norton, on behalf of the Norton Family Living Trust UAD 11/15/2002 v. Nutanix, Inc., et al., No. 3:21-cv-04080-WHO (N.D. Cal.)); (ii) be submitted to the Court either by mailing them to the Clerk of the Court, United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102, or by filing them in person at any location of the United States District Court for the Northern District of California; and (iii) be filed or postmarked on or before September 13, 2023.

The notice of objection must include documentation establishing the objecting Person’s membership in the Class, including the number of Nutanix securities and/or publicly traded Nutanix options that the objecting Person: (i) owned as of the opening of trading on November 30, 2017; and (ii) purchased, acquired, transacted and/or sold during the Class Period, as well as the dates and prices for each such purchase, acquisition and sale, and contain a statement of reasons for the objection and a statement of whether the objector intends to appear at the Settlement Hearing. The objection must state whether it applies only to the objector, to a specific subset of the Class, or to the entire Class. In addition, the objector must identify all class action settlements to which the objector and their, his, her, or its counsel have previously objected. Objectors who desire to present evidence at the Settlement Hearing in support of their objection should include in their written objection or notice of appearance the identity of any witnesses they may call to testify and any exhibits they intend to introduce into evidence at the hearing.

Separate Claim Forms should be submitted for each separate legal entity (e.g., a claim from joint owners should not include the transactions of just one of the joint owners, and an individual should not combine his or her IRA transactions with transactions made solely in the individual’s name).

However, a single Claim Form should be submitted on behalf of one legal entity that includes all transactions made by that entity, no matter how many separate accounts that entity has (e.g., a corporation with multiple brokerage accounts should include all transactions made in all accounts on one Claim Form).

When filing on behalf of a deceased beneficial owner or their estate, you can submit a claim in the name of the individual, or, if an estate exists, you can submit on behalf of the estate. Note that any settlement proceeds will be made payable to the estate if that is how you submit that claim.

The claim submission should include a copy of the death certificate as well as proof of authority to file. As you are submitting a Claim Form as a representative on behalf of someone else (e.g., as an executor, administrator, trustee or other representative), you must document your authority to file on their (or their estate’s) behalf. Proof of authority can include a copy of the Last Will and Testament, Letters Testamentary, evidence of probate, proof of authority as executor or beneficiary and/or any other testamentary provisions of the deceased person. Do not send originals as any documents submitted with your claim will not be returned.

Depending on whether you submit on behalf of the individual on behalf of the estate, please provide the appropriate tax identication number or last four digits of the social security number and sign the Claim Form.

The claim must be submitted for the benefit of the actual beneficial owner/purchaser of the shares or their estate. Do not submit the claim in the name of the deceased person’s family or other heirs. We must issue the check to the actual beneficial owner/purchaser of the shares. We cannot issue any applicable check in the name of the deceased person’s family, beneficiaries or other heirs.

Sufficient documentation will provide proof of all the transaction information required by the Claim Form.

Suggested forms of documentation include, but are not limited to, photocopies of stockbrokers' confirmation slips or stockbrokers' monthly statements reflecting your transactions, opening and closing balances for the months specified on the Claim Form, and in which transactions during the relevant period occurred.

Stock certificates are not considered a sufficient form of documentation as they do not provide the necessary trade date and transaction price information. We are also unable to accept handwritten documents, self-prepared tax forms or spreadsheets, or statements that are illegible due to document quality.

Please send your late submission when you are able, as we will continue to process late claims. Up until the point when we are prepared to distribute the settlement fund, late claims which are otherwise valid will be accepted. Distributions in settlements such as this typically take place approximately twelve months or more after the filing deadline, but this is an average estimate and claims processing could take longer depending on various factors, including whether a large number of late claims are being submitted due to delays outside of the control of claimants.

The Settlement Hearing will be held on October 4, 2023. The Court reserves the right to approve the Settlement or the Plan of Allocation, Lead Counsel’s motion for an award of attorneys’ fees and expenses, and/or any other matter related to the Settlement at or after the Settlement Hearing without further notice to the Class. If the Court approves the Settlement, there might be appeals.  It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. 

It also takes time for all the Claim Forms to be processed.  Processing time on our cases can take an average of twelve months or more from the September 6, 2023 filing deadline. Once processing is complete, we must then wait for authorization from Counsel and/or the Court before we can distribute the funds which can take several additional months.

Please understand that this is an estimated timeframe for processing based on our experience which does not guarantee that all case processing will be completed within twelve months. Processing time varies from case to case and some cases may take more or less time based on the specifics of that case settlement.

If your claim has been received and we have any questions or need additional information or documentation to assist in the processing of your claim, we will contact you by using one or more of the contact methods (phone, e-mail, mail) which you listed on your Claim Form submission.

We will not have the final claim payout amount available until we have processed all of the claims, calculated the total loss of claims filed, and received approval from the Court and/or Lead Counsel.

We appreciate your patience as accurate claims processing takes time.

If you do nothing, you will not receive any money from this Settlement.  In addition, unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Released Defendant Parties about the Released Claims in this case.