If you purchased or acquired the publicly traded common stock of Intuitive Surgical, Inc. (“Intuitive” or the “Company”) during the period from February 6, 2012 through July 18, 2013, inclusive, this class action lawsuit may affect your rights.
The purpose of this website is to inform you of a class action lawsuit now pending in the United States District Court for the Northern District of California (the “Court”) in In re Intuitive Surgical Securities Litigation, No. 5:13-cv-01920-EJD (the “Action”) against Intuitive and Gary S. Guthart, Marshall L. Mohr, and Lonnie M. Smith (collectively, the “Defendants”) and that the Action has been certified by the Court to proceed as a class action on behalf of the Class. There is no judgment, settlement, or monetary recovery at this time.
The Class certified by the Court consists of all persons or entities who purchased or acquired the publicly traded common stock of Intuitive during the period from February 6, 2012 through July 18, 2013, inclusive, and who were damaged thereby, unless otherwise excluded.
Members of the Class will be eligible to participate in any recovery that might be obtained in the Action. This does not intend to suggest any likelihood that members of the Class will recover any money, but should there be a recovery, Class Members will be required to submit a claim form demonstrating their membership in the Class and documenting their sales, purchases and/or holdings of Intuitive common stock, and their resulting damages. For this reason, please be sure to keep all records of your transactions and holdings in Intuitive common stock. DO NOT mail them to Class Counsel or the Administrator at this time. No money or benefits are available now and there is no guarantee that money or benefits will be obtained. If a recovery is obtained, Class Members will be notified regarding how to obtain a share.
If you want to remain a member of the Class, you do not need to do anything at this time other than to retain your documentation reflecting your transactions and holdings in Intuitive common stock.
If you want to be excluded from the Class, you must request exclusion in accordance with the procedure set forth below and discussed in paragraph 15 of the Notice. If you are excluded from the Class, you will not be bound by the Court’s orders, but you will not be eligible to share in any recovery that might be obtained.
|YOUR LEGAL RIGHTS AND OPTIONS|
|DO NOTHING||If you are a Class Member and you do nothing, you will stay in the Class. This means you will be bound by all past, present and future orders and judgments in the Action, whether favorable or unfavorable. If any money is awarded to the Class, either through a settlement with Defendants or a judgment of the Court after a trial, you may be eligible to receive a share of that award. However, if you remain a member of the Class, you may not pursue a lawsuit on your own behalf with regard to any of the issues in this Action.|
|EXCLUDE YOURSELF BY JUNE 8, 2018||If you wish to be excluded from the Class, you must specifically request exclusion in accordance with the following procedures. To exclude yourself from the Class, you must send a letter by first-class mail stating that you “request exclusion from the Class in In re Intuitive Surgical Securities Litigation, No. 5:13-cv-01920-EJD.” Your request must: (i) 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; (ii) state the number of shares of Intuitive common stock that the person or entity requesting exclusion purchased/acquired and/or sold during the Class Period (i.e., from February 6, 2012 through July 18, 2013, inclusive), as well as the dates, number of shares, and prices of each such purchase/acquisition and sale; and (iii) be signed by the person or entity requesting exclusion or an authorized representative, accompanied by proof of authorization. You must mail your exclusion request, postmarked by no later than June 8, 2018, to: In re Intuitive Surgical Securities Litigation, c/o GCG, P.O. Box 10359 Dublin, OH 43017-0359.|
|RETAIN SEPARATE COUNSEL AND HAVE YOUR ATTORNEY FILE A NOTICE OF APPEARANCE BY JUNE 8, 2018||As a member of the Class, you will be represented by Class Counsel. You will not be personally responsible for Class Counsel’s attorneys’ fees or costs. Class Counsel have agreed to represent the Class on a contingent fee basis, which means that they will be awarded fees and costs by the Court only if they succeed in obtaining a recovery from one or more Defendants. Attorneys’ fees and costs for Class Counsel, if approved by the Court, would be paid from the settlement or judgment, if any, obtained on behalf of the Class. You may elect to be represented by counsel of your own choosing. If you do retain separate counsel, you will be responsible for your attorney’s fees and expenses and your attorney must enter an appearance on your behalf by filing a Notice of Appearance with the Court and mail it to Class Counsel on or before June 8, 2018.|
These rights and options – and the deadlines to exercise them – are more fully explained in the Notice of Pendency of Class Action. Your legal rights are affected whether you act or do not act. Please read the Notice and review this website carefully.