Frequently Asked Questions

  1. What is this lawsuit about?
  2. Why is this a class action?
  3. Why is there a settlement?
  4. How do I know if I am part of the settlement?
  5. Are there exceptions to being included in the Class?
  6. I’m still not sure if I am included.
  7. What does the settlement provide?
  8. How much will my payment be?
  9. How will I get a payment?
  10. When would I get my payment?
  11. What am I giving up to get a payment or stay in the Class?
  12. What happens if the settlement is not approved or is terminated?
  13. How do I get out of the Class?
  14. If I do not exclude myself, can I sue Defendants for the same thing later?
  15. If I exclude myself, can I get money from this settlement?
  16. Do I have a lawyer in this case?
  17. Do I have to contact the lawyers to be paid?
  18. How will the lawyers be paid?
  19. How do I tell the Court that I do not like the settlement?
  20. What is the difference between objecting and excluding myself from the settlement?
  21. When and where will the Court decide whether to approve the settlement?
  22. Do I have to come to the hearing?
  23. May I speak at the hearing?
  24. What happens if I do nothing at all?
  25. Are there more details about the settlement?
  26. How do I get more information?



1. What is this lawsuit about?

This Litigation alleges that LHC Group, Inc. and its Chief Executive Officer violated the federal securities laws by making false and misleading statements in certain press releases and public filings issued during the Class Period or controlling the persons who made those statements. The Litigation also alleges LHC’s Chief Executive Officer engaged in insider trading during the Class Period.

The Court has not ruled as to whether Defendants are liable to Lead Plaintiff or to the Class. This information is not intended to be an expression of any opinion by the Court with respect to the truth of the allegations in this lawsuit or the merits of the claims or defenses asserted. This information is solely to advise you of the pendency of the Action and proposed settlement thereof and your rights in connection with that settlement.

Defendants deny all of the Lead Plaintiff’s allegations and further deny that they did anything wrong. Defendants also deny that the Lead Plaintiff or the Class suffered damages or that the price of LHC common stock was allegedly artificially inflated by reasons of alleged misrepresentations, non-disclosures, or otherwise.

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2. Why is this a class action?

In a class action, one or more people called class representatives (in this case, the Court-appointed Lead Plaintiff, City of Omaha Police and Fire Retirement System) sue on behalf of people who have similar claims. All of these people and/or entities are called a class or class members. One court resolves the issues for all class members, except for those who exclude themselves from the class. United States District Court Judge James T. Trimble, Jr. is in charge of this case.

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3. Why is there a settlement?

The Court did not decide in favor of the Lead Plaintiff or Defendants. Instead, the lawyers for both sides of the lawsuit, with the help of an experienced mediator, the Hon. Layn R. Phillips, U.S. District Court Judge (Ret.), negotiated a settlement, which they believe is in the best interests of their respective clients. The settlement allows both sides to avoid the risks and cost of lengthy and uncertain litigation and the uncertainty of a trial and appeals, and permits Class Members to be compensated without further delay. Lead Plaintiff and its attorneys think the settlement is best for all Class Members.

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4. How do I know if I am part of the settlement?

The Class includes all Persons who purchased or otherwise acquired the common stock of LHC between July 30, 2008 and October 26, 2011, inclusive.

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5. Are there exceptions to being included in the Class?

Yes. Excluded from the Class are Defendants, directors and officers of LHC and their families and affiliates. Also excluded from the Class are those Persons who timely and validly request exclusion from the Class pursuant to the Notice.

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6. I’m still not sure if I am included.

If you still are not sure whether you are included, you can ask for free help. You can visit www.lhcsecuritieslitigation.com or call toll-free (855) 382-6401 for more information; or you can fill out and return the claim form described in Question 9 to see if you qualify.

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7. What does the settlement provide?

Defendants have agreed to cause to be paid $7,850,000 in cash (the “Settlement Fund”). The Settlement Fund, plus interest earned from the date it is established, less costs, fees and expenses (the “Net Settlement Fund”), will be divided among all eligible Class Members whose claims for recovery have been allowed pursuant to the terms of the Stipulation and who sent in valid claim forms (“Authorized Claimants”). Costs, fees, and expenses include Court-approved attorneys’ fees and expenses, the costs of notifying Class Members, including the costs of printing and mailing the Notice and the cost of publishing newspaper and internet notice, and the costs of claims administration.

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8. How much will my payment be?

Each Authorized Claimant will recover his/her/its pro rata share of the Net Settlement Fund based on his/her/its total Recognized Loses. If, however, the amount in the Net Settlement Fund is not sufficient to permit payment of the total of all Recognized Losses, then each Authorized Claimant will be paid a percentage of the Net Settlement Fund that each Authorized Claimant’s recognized claim bears to the total of the claims of all Authorized Claimants (“pro rata share”). If the Authorized Claimant’s pro rata share is less than $10.00, it will be removed from the calculation and will not be paid given the administrative expenses of processing payments.

The Plan of Allocation, set forth in the Notice, provides the formula that will be used to calculate claims submitted by each eligible individual or legal entity and his/her/its spouses, heirs, predecessors, successors, representatives, or assignees (“Person”) who falls within the definition of the Settlement Class (“Settlement Class Member”).

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9. How will I get a payment?

To qualify for a payment, you must send in a claim form. A claim form can be downloaded here. Read the instructions carefully, fill out the form, include all the documents the form asks for, sign it, and mail it postmarked no later than January 9, 2015.

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10. When would I get my payment?

The Court will hold a hearing on December 11, 2014, at 1:30 p.m., to decide whether to approve the settlement. If the Court approves the settlement, there may be appeals. It is always uncertain whether these appeals can be resolved favorably, and resolving them can take time, perhaps more than a year. It also takes time for all the claim forms to be processed. If there are no appeals and depending on the number of claims submitted, the Claims Administrator could distribute the Net Settlement Fund as early as nine months after the fairness hearing. Please be patient.

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11. What am I giving up to get a payment or stay in the Class?

Unless you 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 Defendants or the Related Parties about the same issues in this case or about issues that could have been asserted 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 Released Claims in this case against the Defendants and Related Parties. “Released Claims” means any and all rights, demands, claims (including “Unknown Claims” as defined in the Stipulation), liabilities, suits, debts, obligations, damages, losses, judgments, matters, issues, and causes of action of every nature and description, in law or equity, whether accrued or unaccrued, fixed or contingent, liquidated or un-liquidated, matured or un-matured, known or unknown, discoverable or undiscoverable, concealed or hidden, disclosed or undisclosed, whether arising under federal, state, local, statutory, common law, foreign law, or any other law, rule, or regulation, and whether class and/or individual in nature, that: (i) have been asserted in this Litigation or in the Amended Complaint by the Lead Plaintiff or any Class Member against any of the Released Persons, or (ii) could have been asserted, or in the future could or might have been asserted in this Litigation or any other forum whatsoever by the Lead Plaintiff or any Class Member against any of the Released Persons which arise out of, or are based upon or related in any way to, the allegations, transactions, facts, acts, events, disclosures, statements, matters or occurrences, representations or omissions involved in the Litigation, or are set forth or referred to in the AC, and that relate to the purchase, acquisition, holding or sale of LHC common stock during the Class Period. “Released Claims” does not include claims to enforce the settlement. “Released Claims” also does not include the derivative claims asserted on behalf of the Company in In re LHC Group Inc. Derivative Litigation, Case No. 6:13-cv-02899-JTT-CMH (W.D. La.).

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12. What happens if the settlement is not approved or is terminated?

The Court may not approve the settlement or it may be terminated as outlined in the Stipulation. If the Settlement is not approved, or is terminated, the certification of the Class for settlement purposes will be vacated, and the Litigation will proceed as if the Stipulation had not been entered into.

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13.

To exclude yourself from the Class, you must send a letter by mail stating that you want to be excluded from the settlement in City of Omaha Police and Fire Retirement System v. LHC Group, Inc. and Keith G. Myers, Civil Action No. 6:12-cv-1609-JTT-CMH. Be sure to include your name, address, telephone number, and the date(s), price(s) and number of shares of LHC common stock you acquired between July 30, 2008 and October 26, 2011, inclusive. You must also include documents evidencing such acquisition(s), such as brokerage statements or confirmation slips, and your signature. Your exclusion request must be postmarked no later than November 11, 2014 and sent to the Claims Administrator at:

Omaha Police and Fire Retirement System v. LHC Group, Inc.
c/o GCG
P.O. Box 10075
Dublin, Ohio 43017-6675

You cannot exclude yourself on the phone or by email. If you ask to be excluded, you are not eligible to get any settlement payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit.

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14. If I do not exclude myself, can I sue Defendants for the same thing later?

No. Unless you exclude yourself, you give up any right to sue Defendants or the Related Parties for the claims that this settlement resolves. Remember, the exclusion deadline is November 11, 2014.

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15. If I exclude myself, can I get money from this settlement?

No. If you exclude yourself, do not send in a claim form to ask for any money. Once you exclude yourself, you will receive no cash payment even if you also submit a claim form.

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16. Do I have a lawyer in this case?

The Court appointed the law firm of Scott+Scott, Attorneys at Law, LLP to represent you and other Class Members. These lawyers are called Lead Counsel. The Court also appointed Lemmon Law Firm, LLC as Liaison Counsel. These lawyers will apply to the Court for payment from the Settlement Fund; you will not otherwise be charged for their work. If you want to be represented by your own lawyer, you may hire one at your own expense.

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17. Do I have to contact the lawyers to be paid?

No. If you have received the Notice and timely submit your Proof of Claim to the designated address, you need not contact the Lead Counsel. If you did not receive the Notice but believe you should have, or if your address changes, please contact the Claims Administrator at:

Omaha Police and Fire Retirement System v. LHC Group, Inc.
c/o GCG
P.O. Box 10075
Dublin, Ohio 43017-6675
Toll Free Number: (855) 382-6401

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18. How will the lawyers be paid?

At the fairness hearing, Lead Counsel will request the Court to award attorneys’ fees of up to 33 1/3% of the Settlement Fund and for expenses up to $172,000, which were incurred in connection with the Litigation. If awarded, the cost would be $0.27 per share. In addition, Lead Plaintiff may seek reimbursement from the Settlement Fund of up to $5,000 for time and expenses (including lost wages) incurred in representing the Class. Court approved attorneys’ fees, costs and expenses will be paid from the Settlement Fund. Class Members are not personally liable for any such fees, costs or expenses. To date, Lead Plaintiff’s counsel have not received any payment for their services in conducting this Litigation on behalf of the Lead Plaintiff and the Class, nor have counsel been paid for their expenses. The fee requested will compensate Lead Counsel for their work in achieving the Settlement Fund and is well within the range of fees awarded to class counsel under similar circumstances in other cases of this type. The Court may award less than this amount.

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19. How do I tell the Court that I do not like the settlement?

If you are a Class Member (and you have not excluded yourself), you can object to the settlement, the request for attorneys’ fees, costs and expenses, and/or the Plan of Allocation if you do not like any part of them. You can give reasons why you think the Court should not approve the settlement, the request for attorneys’ fees, costs and expenses, and/or the Plan of Allocation. The Court will consider your views. To object, you must send to Lead Plaintiff’s counsel and Defendants’ counsel, and file with the Court, a signed notice of objection saying that you object to the proposed settlement in City of Omaha Police and Fire Retirement System v. LHC Group, Inc. and Keith G. Myers, Civil Action No. 6:12-cv-01609-JTT-CMH. Be sure to include your name, address, telephone number, your signature, the number of shares of LHC common stock acquired and sold between July 30, 2008 and October 26, 2011, inclusive, documents evidencing your purchase(s) and sale(s) of LHC common stock, such as brokerage statements or confirmation slips, and the reasons you object to the settlement, the requested attorneys’ fees, costs and expenses, and/or the Plan of Allocation. Any such notice of objection, and all supporting papers and briefs, must be mailed or delivered such that it is received by each of the following no later than November 4, 2014:

Lead Counsel for Lead Plaintiff:

JOHN JASNOCH, ESQ.
SCOTT+SCOTT, ATTORNEYS AT LAW, LLP
707 Broadway, Suite 1000
San Diego, California 92101
Phone: (619) 233-4565

Counsel for Defendants:

JOHN A. JORDAK, JR.
ALSTON & BIRD LLP
1201 West Peachtree Street
Atlanta, Georgia 30309

Any such notice of objection, and all supporting papers and briefs, must be filed with the following no later than November 4, 2014:

Clerk of the Court
United States District Court
Western District of Louisiana
800 Lafayette Street, Suite 2100
Lafayette, Louisiana 70501

Attendance at the fairness hearing discussed below is not necessary; however, persons wishing to be heard orally at the hearing are required to indicate in their notice of objection their intention to appear at the hearing and the identity of any witnesses they may call to testify and exhibits, if any, they intend to introduce into evidence.

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20. What is the difference between objecting and excluding myself from the settlement?

Objecting is telling the Court that you do not like something about the proposed settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer applies to you.

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21. When and where will the Court decide whether to approve the settlement?

The Court will hold a hearing at 1:30 p.m., on December 11, 2014, at the United States District Court for the Western District of Louisiana, 800 Lafayette Street, Courtroom 6, Lafayette, Louisiana 70501. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court may listen to people who have asked to speak at the hearing. The Court will also decide whether to: (a) award Lead Counsel attorneys’ fees and expenses; (b) reimburse Lead Plaintiff the costs and expenses (including lost wages) it incurred in prosecuting this Litigation on behalf of the Class; and (c) approve the Plan of Allocation as fair, reasonable and adequate. We do not know how long the hearing will take or whether the Court will make its decision on the day of the hearing or sometime later. The Court may adjourn or continue the hearing without further notice.

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22. Do I have to come to the hearing?

No. Lead Plaintiff’s counsel will answer any questions the Court may have. However, 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 you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but you are not required to do so.

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23. May I speak at the hearing?

You may ask the Court for permission to speak at the hearing. To do so, you must send a letter saying that it is your intention to appear in City of Omaha Police and Fire Retirement System v. LHC Group, Inc. and Keith G. Myers, Civil Action No. 6:12-cv-01609-JTT-CMH. Be sure to include your name, address, telephone number, your signature, and the number of shares of LHC common stock acquired and sold between July 30, 2008 and October 26, 2011, inclusive, as well as documentation evidencing your purchase(s) and sale(s). Your notice of intention to appear must be received no later than November 4, 2014 by the Clerk of the Court, Lead Plaintiff’s counsel, and Defendants’ counsel, at the addresses listed in Question 19. You cannot speak at the hearing if you exclude yourself from the Class.

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24. What happens if I do nothing at all?

If you do nothing, you will get no money from this settlement. However, 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 the Defendants or Related Parties about the same issues in this case.

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25. Are there more details about the settlement?

The Notice summarizes the proposed settlement. More details are in the Stipulation, which has been filed with the Court. You can get a copy of the Stipulation from: (a) the Clerk’s office at the United States District Court for the Western District of Louisiana, 800 Lafayette Street, Suite 2100, Lafayette, Louisiana 70501, during regular business hours; or (b) on this website on the Court Documents page.

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26. How do I get more information?

You can review the Notice and FAQS on this website or call the Claims Administrator at (855) 382-6401. You may also write to a representative of Lead Plaintiff’s counsel, John Jasnoch, Esq., Scott+Scott, Attorneys At Law, LLP, 707 Broadway, Suite 1000, San Diego, California 92101. Please do not call the Court or the Clerk of the Court for additional information about the settlement.

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Important Dates
DateDeadline
November 4, 2014

(Expired)

Objection Deadline
(filed and received)
November 11, 2014

(Expired)

Exclusion Deadline
(postmarked)
December 11, 2014
at 1:30pm

(Approved)

Settlement Hearing
January 9, 2015

(Expired)

Claim Form Deadline
(postmarked)

Your Options

  • To participate in the Settlement, submit a Claim Form