Bloom Energy Corporation Settlement

Records indicate that you or someone in your family or an investment account for which you serve as a custodian may have purchased or otherwise acquired Bloom common shares during the relevant Period.

There is a proposed Settlement of claims in a pending securities class action brought by investors alleging, among other things, that Defendants Bloom Energy Corporation violated the federal securities laws by making false and misleading statements and/or concealing material adverse effects.

In a class action, one or more people or entities called “class representatives” are appointed by the court to sue on behalf of themselves and other persons or entities who have the same or similar claims. In this case, the Court appointed attorneys at Levi & Korsinsky, LLP, as Lead Counsel. The Class Representatives and those they represent together are called a “class” or “class members.” Those who filed the suit are called “plaintiffs” and those being sued are called “defendants.” The court resolves the issues and claims for all class members, except for those who exclude themselves, or “opt out,” from the Class.

You are a member of the class if you purchased or otherwise acquired Bloom Energy Corporation publicly traded common stock either pursuant and/or traceable to the Registration Statement for Bloom’s IPO or on the open market between July 25, 2018, and March 31, 2020, and were damaged thereby.

The Court has appointed Nicholas Porritt, Esq. at Levi & Korsinsky, LLP to represent you and other Class Members (“Class Counsel”).

If you fall within the definition of the Class set forth in FAQ 4, you are a member of the Class.

If you wish to be eligible to participate in the distribution of proceeds from the Settlement, you are required to submit the Claim Form that is available online here or which can be mailed to you upon request by the Claims Administrator, and the required supporting documentation as set forth therein, online or postmarked no later than March 29, 2024.

If you choose to be excluded from the Class, you will not be bound by any orders or judgments, nor will you be eligible to share in any recovery that might be obtained in this Action. You will retain any right you have to individually pursue any legal recourse you may have against Defendant regarding the claims asserted in the Action. Please note, if you exclude yourself from the Class, you may be time-barred by a statute of repose from asserting the claims covered by the Action.

Each Settlement Class Member will be bound by all determinations and judgments in this lawsuit, whether favorable or unfavorable, unless such person or entity mails or delivers a written Request for Exclusion from the Settlement Class, addressed to Bloom Energy Settlement, EXCLUSIONS, P.O. Box 2230, Portland, OR 97208-2230. The exclusion request must be received no later than March 18, 2024. You will not be able to exclude yourself from the Settlement Class after that date. Each Request for Exclusion must: (a) state the name, address and telephone number of the person or entity requesting exclusion, and in the case of entities the name and telephone number of the appropriate contact person; (b) state that such person or entity “requests exclusion from the Settlement Class in Elissa M. Roberts v. Bloom Energy Corp., et al., Case No. 4:19-cv-02935-HSG”; (c) state the number of Bloom common shares that the person or entity requesting exclusion purchased/acquired during the Class Period; and (d) be signed by the person or entity requesting exclusion or an authorized representative. A Request for Exclusion shall not be valid and effective unless it provides all the information called for in this paragraph and is received within the time stated above, or is otherwise accepted by the Court.

If you do not want to be part of the Settlement Class, you must follow these instructions for exclusion even if you have pending, or later file, another lawsuit, arbitration, or other proceeding relating to any Released Claim against any of the Released Defendant Persons.

If you ask to be excluded from the Settlement Class, you will not be eligible to receive any payment out of the Net Settlement Fund.

If the Notice was mailed to you at an old address, or if you move, please advise the Claims Administrator of your current address so that you can receive any further notice. If you are not a Class Member, you may discard the Notice.

Bloom Energy Settlement
c/o Epiq
P.O. Box 2230
Portland, OR 97208-2230
 1-844-334-1078

You do not need to hire your own lawyer. However, you are free to hire your own lawyer at your own expense. If you hire a lawyer to speak for you or to appear in Court, your lawyer must file a Notice of Appearance.

There are also some people and entities that are excluded from the Class by definition. The excluded persons and entities are: (i) Settling Defendant’s immediate family members; (ii) the officers and directors of Bloom and the Underwriter Defendants; (iii) the affiliates and subsidiaries of Bloom, at all relevant times; (iv) Bloom’s affiliates and employee retirement and/or benefit plan(s) and their participants or beneficiaries to the extent they purchased or acquired Bloom Energy Corporation common stock pursuant or traceable to the Registration Statement through any such plan(s); (v) any entity in which Settling Defendants have a controlling interest; and (vi) the legal representatives, heirs, successors, or assigns of any such excluded person or entity. Also excluded from the Settlement Class are any persons or entities who or which exclude themselves by submitting a request for exclusion in accordance with the requirements set forth in the Notice and in FAQ 8.

We cannot provide exact calculations until we have a claim on file for you, as your specific loss depends on when you purchased or sold your shares. Your share of a particular Net Settlement Fund will also depend on the number of Class Members filing claims for that Settlement Class, how many damaged shares were acquired during the applicable Class Period, the aggregate Recognized Claims for that Settlement Class, and when you acquired and sold your shares.

Plaintiffs’ Counsel have not received any payment for their services in pursuing claims against the Settling Defendants on behalf of the Settlement Class, nor have Plaintiffs’ Counsel been reimbursed for their out-of-pocket expenses. Before final approval of the Settlement, Lead Counsel will apply to the Court for an award of attorneys’ fees for all Plaintiffs’ Counsel in an amount not to exceed 33% of the Settlement Fund. At the same time, Lead Counsel also intends to apply for reimbursement of Litigation Expenses in an amount not to exceed $85,000, and an “award of reasonable costs and expenses” to Plaintiffs not to exceed $5,000 individually or $12,500 total. The Court will determine the amount of any award of attorneys’ fees or reimbursement of Litigation Expenses as well as any reasonable costs and expenses to Plaintiffs. Such sums as may be approved by the Court will be paid from the Settlement Fund. Settlement Class Members are not personally liable for any such fees or expenses.

This website and the Notice contain only a summary of the terms of the proposed Settlement. For the precise terms and conditions of the settlement, please see the Stipulation of Settlement available here, by contacting Lead Counsel, by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, United States Courthouse 1301, Clay Street, Oakland, CA 94612, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.