Opinion
8:15-cv-00865-DOC-SHK
10-29-2021
HSINGCHING HSU, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. PUMA BIOTECHNOLOGY, INC., et al., Defendants.
CLASS ACTION
JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54
HONORABLE DAVID O. CARTER UNITED STATES DISTRICT JUDGE
This action was tried by a jury with the Honorable Andrew J. Guilford presiding. The jury rendered its verdict on February 4, 2019, finding that defendants Alan Auerbach and Puma Biotechnology, Inc. knowingly violated § 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. Pursuant to the parties' joint stipulation, the jury's finding of liability on Plaintiffs' §10(b) claim results in a finding the defendant Alan Auerbach violated §20(a) of the Securities Exchange Act of 1934.
IT IS ORDERED AND ADJUDGED that the claimants set forth in Exhibit A hereto shall recover from defendants Alan Auerbach and Puma Biotechnology, Inc. principal damages in the amount of $50,670,968.37 and prejudgment interest through September 17, 2021 in the amount of $3,577,405.53, as specified in Exhibit A, along with post-judgment interest and taxable costs.
IT IS FURTHER ORDERED AND ADJUDGED that defendants Alan Auerbach and Puma Biotechnology, Inc. shall be jointly and severally liable for the judgment.
IT IS FURTHER ORDERED AND ADJUDGED that post-judgment interest shall accrue on the principal and prejudgment interest awarded in this judgment from the date of entry of this judgment until paid in full.
IT IS FURTHER ORDERED AND ADJUDGED that the Court shall retain jurisdiction over any claim for attorneys' fees and costs, application to tax costs, any award or reimbursement to the Lead Plaintiff/Class Representative, and any motion pursuant to Federal Rule of Civil Procedure 37(c). In accordance with Federal Rule of Civil Procedure 54(d)(2) and Local Rule 58, the time for Lead Plaintiff/Class Representative and its counsel to make any such motion or application shall be extended until such time as the Court shall hereafter direct.
IT IS SO ORDERED.