The Erica P. John Fund, INC., et al vs Halliburton Company and David J. Lesar
Halliburton EPJ Fund Securities Litigation
3:02-CV-1152-M

Frequently Asked Questions

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  • To qualify for a payment, you must send in a Proof of Claim and Release form (“Claim Form”).  A Claim Form is being circulated with the Notice.  You may also get a Claim Form on the Internet at www.halliburtonepjfundsecuritieslitigation.com. Read the instructions carefully, fill out the Claim Form, include all the documents the form asks for, sign it, and mail it postmarked no later than August 12, 2017.

  • The Court will hold a hearing on July 31, 2017, at 9:00 A.M., to decide whether to approve the settlement.  If the Court approves the settlement, after that, there may be appeals by Class Members.  Resolving appeals can take time, perhaps more than a year.  It also takes time for all the Claim Forms to be processed.

  • Unless you specifically exclude yourself, you will be treated as a Class Member in this class action.  This means that upon the Effective Date, you will relinquish all Released Claims against the Released Persons.  These terms are defined below:

    “Released Claims” shall mean any and all complaints, claims, third-party claims, cross-claims, counterclaims, demands, liabilities, obligations, promises, agreements, controversies, actions, causes of action, suits, rights, damages, costs, losses, debts, charges, and expenses (including Unknown Claims and attorneys’ fees, expert fees, and disbursements of counsel and other professionals) of any and every nature whatsoever, whether in law or in equity, whether arising under federal, state, local, or foreign statutory or common law or any other law, rule, or regulation (whether foreign or domestic), whether currently known or unknown, suspected or unsuspected, foreseen or unforeseen, ripened or unripened, accrued or unaccrued, or matured or not matured, whether arising in equity or under the law of contract, tort, malpractice, statutory breach, or any other legal right or duty, whether direct, derivative, individual, representative, or in any other capacity, and to the fullest extent that the law permits their release in this Action, that Lead Plaintiff, or any other member of the Certified Class (a) asserted in the operative Complaint or any other pleadings or briefs filed in this Action, or (b) could have asserted from the beginning of time to the end of time in any forum that arise out of, relate to, are connected with, or are in any way based upon (i) the allegations, transactions, facts, matters, occurrences, representations, or omissions involved, set forth, or referred to in the operative Complaint or any other pleadings or briefs filed by any party in this Action (including but not limited to all claims that arise out of, relate to, are connected with, or are in any way based upon any disclosures, public filings, registration statements, or other statements by Halliburton or its officers, directors, employees, or agents) during the Class Period, or (ii) the purchase or acquisition of Halliburton securities during the Class Period.  Only claims based on purchase or acquisition of common stock during the Class Period are being released.  For the avoidance of doubt, to the extent that Class Members purchased or acquired shares of Halliburton common stock between and including August 16, 1999 and December 7, 2001 (regardless of whether those shares were held after December 7, 2001 or not), those claims are released.  By contrast, claims stemming from purchase or acquisition of Halliburton common stock between December 8, 2001 and July 22, 2002 are expressly not released and instead are part of the pending putative class action styled, Magruder v. Halliburton Co., CA No. 3:05-CV-1156-M.

    “Claims” means any and all manner of claims, demands, rights, actions, potential actions, causes of action, liabilities, duties, damages, losses, diminutions in value, obligations, judgments, decrees, matters, issues, suits and controversies of any kind or nature whatsoever, whether known or unknown, contingent or absolute, liquidated or not liquidated, accrued or unaccrued, suspected or unsuspected, disclosed or undisclosed, apparent or not apparent, foreseen or unforeseen, matured or not matured, which now exist, or heretofore or previously existed, or may hereafter exist, including, but not limited to, any claims arising under federal, state or foreign law, common law, bankruptcy law, statute, rule or regulation, or agreement, whether individual, class, direct, derivative, representative, on behalf of others, legal, equitable, regulatory, governmental or of any other type or in any other capacity.

    “Released Persons” means each and all of the Defendants and each and all of the Halliburton Related Parties and Lesar’s Related Parties.

    “Halliburton Related Parties” means Halliburton’s past or present predecessors, successors, parent entities, affiliates, and subsidiaries, and, in the case of Halliburton’s respective predecessors, successors, parent entities, affiliates, and subsidiaries, each of Halliburton’s past or present directors, officers, employees, partners, insurers, co-insurers, reinsurers, agents, controlling shareholders, attorneys, accountants, auditors, advisors, investment advisors, personal or legal representatives, predecessors, successors, parent entities, subsidiaries, divisions, joint ventures, assigns, spouses, heirs, related or affiliated entities, and any person, firm, trust, corporation, partnership, limited liability company, officer, director, or other individual or entity in which Halliburton or its past or present predecessors, successors, parent entities, affiliates and subsidiaries has or had a controlling interest or which has or had a controlling interest in Halliburton or its past or present predecessors, successors, parent entities, affiliates and subsidiaries.

    “Lesar’s Related Parties” means David Lesar’s immediate family, and any trust of which David Lesar is the settlor or which is for the benefit of Lesar’s immediate family, and the legal representatives, heirs, successors or assigns of each of the foregoing.

    The “Effective Date” will occur when an order entered by the Court approving the settlement becomes final and not subject to appeal according to the terms of the Stipulation.

    If you remain a Member of the Class, all of the Court’s orders will apply to you and legally bind you.

  • To exclude yourself from the Class, you must send a signed letter by mail stating that you “request exclusion from the Class in The Erica P. John Fund, Inc. v. Halliburton, Civil Action No. 3:02-CV-1152-M.” Your letter should state the date(s), price(s), and number of shares of all your purchases and sales of Halliburton common stock during the Class Period.  In addition, be sure to include your name, address, telephone number, and signature.  You must mail your exclusion request postmarked no later than July 10, 2017 to:

     

    Halliburton EPJ Fund Securities Litigation
    c/o JND Class Action Administration
    P.O. Box 6847
    Broomfield, CO 80021

     

    You cannot exclude yourself by telephone or by email.  If you ask to be excluded, you will not get any settlement payment and you cannot object to the settlement.  You will not be legally bound by anything that happens in this lawsuit, and you may be able to sue (or continue to sue) the Defendants and the other Related Persons in the future.  If you exclude yourself, do not send in a Claim Form to ask for any money.

  • No.  Unless you exclude yourself from the Class, you give up any rights to sue the Defendants and the other Related Persons for any and all Released Claims.  You must exclude yourself from this Class to continue your own lawsuit for the same conduct alleged in this Action, styled The Erica P. John Fund, Inc., et al v. Halliburton Co. and David Lesar.  Remember, the exclusion deadline is July 10, 2017.

  • No, but you may exercise any right you may have to sue, continue to sue, or be part of a different lawsuit against the Defendants and the other Related Persons.

  • The judgment of the Court will be binding upon you if you do nothing.  You will get no money from this Settlement and you will be precluded from starting a lawsuit, continuing with a lawsuit, or being part of any other lawsuit against the Defendants and the other Related Persons about the Released Claims in this case, ever again.  To share in the Net Settlement Fund, you must submit a Claim Form.  To start, continue, or be a part of any other lawsuit against the Defendants and the other Related Persons about the Released Claims in this case, you must exclude yourself from this Class.

  • Class Counsel, the law firms of Boies, Schiller & Flexner, LLP and Kahn Swick & Foti, LLC, represent all Class Members.  You will not be separately charged for these lawyers.  The Court will determine the amount of Class Counsel’s fees and expenses, which will be paid from the gross Settlement Fund.  If you want to be represented by your own lawyer, you may hire one at your own expense.

  • Class Counsel will move the Court to award plaintiff’s counsel’s attorneys’ fees from the gross Settlement Fund in a total amount not greater than one-third (33⅓%) of the gross Settlement Fund and reimbursement of their expenses in an amount no greater than $7,500,000, plus interest on such expenses may be sought.

  • Class Counsel is authorized by the Stipulation to pay the Claims Administrator’s fees and expenses incurred in connection with giving notice, administering the settlement, and distributing the settlement proceeds to the members of the Class. The Claims Administrator’s fees and expenses will be paid out of the gross Settlement Fund.  The Claims Administrator was selected through a competitive bidding process and multiple bids were reviewed and considered.

  • If you are a Class Member, you can object to the Settlement or any of its terms, the proposed Plan of Allocation, and/or the application for an award of fees and expenses by Class Counsel or any other counsel who may seek an award of fees and expenses.  Lead Plaintiff reserves the right to object to any fee and expense application submitted by any lawyers other than Class Counsel.  You may write to the Court setting out your objection(s).  You should state reasons why you think the Court should not approve any or all of the settlement terms or arrangements.

    You must object in writing by sending a signed letter stating that you object to the proposed settlement in The Erica P. John Fund, Inc. v. Halliburton, Civil Action No. 3:02-CV-1152-M. Your objection must include a cover page identifying this case name and number and naming the hearing date of July 31, 2017, at 9:00 a.m. at the Earle Cabell Federal Building, 1100 Commerce St., Dallas TX 75242.  Be sure to include your name, address, telephone number, and signature; identify the date(s), price(s), and number of shares of all purchases and sales of Halliburton common stock you made during the Class Period, and state the reasons why you object to the settlement.  Your objection must be postmarked on or before July 10, 2017 to each of the following (1) the Court; (2) Boies, Schiller & Flexner LLP and Kahn Swick & Foti, LLC, on behalf of the Lead Plaintiff; and (3) Counsel for the Defendants at the following addresses:

     

    COURT:

    Clerk of the Court
    Earle Cabell Federal Building
    1100 Commerce Street
    Dallas, Texas 75242

     

    FOR LEAD PLAINTIFF:

    Lewis S. Kahn
    KAHN SWICK & FOTI, LLC
    206 Covington Street
    Madisonville, LA 70447

    Carl E. Goldfarb
    BOIES, SCHILLER & FLEXNER LLP
    401 E. Las Olas Boulevard
    Ft. Lauderdale, Florida 33301-2211

    Class Counsel for Lead Plaintiff The Erica P. John Fund, Inc. and the Class

     

    FOR DEFENDANTS:

    Jessica B. Pulliam
    BAKER BOTTS L.L.P.
    2001 Ross Avenue
    Dallas, Texas 75201-2980

    Counsel for Defendants Halliburton Co. and David Lesar
     

    You do not need to go to the Settlement Hearing to have your written objection considered by the Court.

    At the Settlement Hearing, any Class Member who has not previously submitted a request for exclusion from the Class may appear and be heard, to the extent allowed by the Court, to state any objection to the settlement, the Plan of Allocation, or any motion for an award of attorneys’ fees and reimbursement of expenses.  Any such objector may appear in person or arrange, at that objector’s expense, for a lawyer to represent the objector at the Settlement Hearing.  If you or your representative intend to appear in person but have not submitted a written objection postmarked by July 10, 2017, it is recommended that you give advance notice to Counsel for the Class and/or counsel for Defendants of your intention to attend the hearing in order to object and the basis for your objection.  You may contact them at the addresses provided above.

  • Objecting is simply telling the Court that you do not like something about the proposed settlement.  You can object only if you remain 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 affects you.

  • The Court will hold a Settlement Fairness Hearing at 9:00 A.M. on July 31, 2017, at the Earle Cabell Federal Building, 1100 Commerce St., Courtroom 1570, Dallas TX 75242. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court also will consider the proposed Plan of Allocation for Settlement proceeds and Class Counsel’s attorneys’ fees and expenses application, and, if necessary, the attorneys’ fees and expenses application of any other counsel.  The Court will take into consideration any written objections mailed in accordance with the instructions in the Notice. The Court also will listen to people who seek to speak at the hearing, but decisions regarding the conduct of the hearing will be made by the Court.  Refer to the Notice for more information about speaking at the hearing.  The Court will decide how much to pay to Class Counsel, and may also decide how much, if any, to pay any other counsel.  After the hearing, the Court will decide whether to approve the settlement.  We do not know how long these decisions will take.

    You should be aware that the Court may change the date and time of the Settlement Fairness Hearing.  Thus, if you want to come to the hearing, you should check with Class Counsel before coming to be sure that the date and/or time has not changed.

  • To receive more information regarding the Settlement, you can call the Claims Administrator toll-free at 1 (844) 864-9032; write to the Claims Administrator at Halliburton EPJ Fund Securities Litigation, c/o JND Class Action Administration, P.O. Box 6847, Broomfield, CO 80021; or visit the website at www.halliburtonepjfundsecuritieslitigation.com, where you will find the Stipulation, Notice, a Claim Form, answers to common questions about the Settlement, and other information to help you determine whether you are a Class Member and whether you are eligible for a payment.

  • For more detailed information concerning the matters involved in this Action, you can inspect the pleadings, the Stipulation, the Orders entered by the Court, and the other papers filed in the Action at the office of the Clerk of the United States District Court for the Northern District of Texas, Dallas Division, at Earle Cabell Federal Building, 1100 Commerce St, Dallas TX 75242, during regular business hours.  You may also contact Class Counsel.

For More Information

Visit this website often to get the most up-to-date information.

Address

Halliburton EPJ Fund Securities Litigation
c/o JND Class Action Administration
P.O. Box 6847
Broomfield, CO 80021