Notice of Pendency of Class Action: Please be advised that your rights may be affected by the Gary Moline v. BioVentrix, Inc., et al., C.A. No. 2023-0883-PAF stockholder class action (the “Action”) pending in the Court of Chancery of the State of Delaware (the “Court”) if you were a public common stockholder of BioVentrix, Inc. (“BioVentrix” or the “Company”) on February 10, 2023, or an heir, assign, transferee, or successors-in-interest of such a stockholder.
Notice of Partial Settlement: Please also be advised that Plaintiff Gary Moline (“Plaintiff”), on behalf of himself and the Class (defined in FAQ 5) and Settling Defendants William Abbott, Lauren Baker, Andrew Coats, Jim Dillon, George Fazio, Steven Healy, and Andrew Hinson (the “Settling Defendants”) have reached a proposed settlement for $210,000.00 in cash (the “Partial Settlement”). The proposed Partial Settlement, if approved, will resolve all claims in the Action against the Settling Defendants. The proposed Partial Settlement does not settle or release any of the claims asserted, or that could have been asserted, against the remaining defendants in the Action—BioVentrix, Raymond W. Cohen, David Richmond, Michael Taglich, Mark Ravich, Rinda Sama, Taglich Brothers, Inc., Taglich Private Equity, LLC, Richard L. Baum, Jr., and Richmond Brothers, Inc. (collectively, the “Non-Settling Defendants” and together with the Settling Defendants, “Defendants”). Plaintiff continues to prosecute his claims against the Non-Settling Defendants. Trial of the claims against the Non-Settling Defendants is stayed pending the Court’s ruling on the proposed Partial Settlement.
Please read the Notice and this website carefully and in its entirety. The Notice and this website explain how Class Members will be affected by the Partial Settlement. The following table provides a brief summary of the rights you have as a Class Member and the relevant deadlines.
Class Members’ Legal Rights in the Partial Settlement: | |
Receive a Payment from the Settlement. Class Members do not need to submit a Claim Form. | If you are Class Member (defined in FAQ 5), you may receive a payment from the Partial Settlement. Eligible Class Members do not need to submit a claim form 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 FAQ 8. |
Object to the Settlement by submitting a written Objection so that it is received no later than November 19, 2026. | If you are a Class Member and would like to object to the proposed Partial Settlement or Plaintiff’s Counsel’s (Bleichmar Fonti & Auld LLP) request for an award of attorneys’ expenses, you may write to the Court and explain the reasons for your objection. See FAQ 11. |
Attend a hearing on December 4, 2026, at 11:00 a.m., and file a Notice of Intent to Appear so that it is received no later than November 19, 2026. | If you submit a written objection and a Notice of Intent to Appear, you may (but you do not have to) attend the Settlement Hearing on December 4, 2026, and, at the Court’s discretion, speak to the Court about your objection. See FAQ 11. In the Court’s discretion, the Settlement Hearing may be conducted by video or telephone conference. See FAQ 11. |
Upcoming Important Dates
Notification Mailing
10/5/2026
Objection Deadline
11/19/2026
Settlement Hearing
12/4/2026