American Renal Associates Holdings Inc (NYSE: ARA) Investor Securities Class Action Lawsuit 08/31/2016

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Company Name(s): 
American Renal Associates Holdings
Case Name: 
American Renal Associates Holdings Shareholder Class Action Lawsuit 08/31/2016
Case Status: 
Lawsuit Filed
Case Status: 
Settlement Proposed
Affected Securities
NYSE: ARA
Lawsuit Overview
Type of Lawsuit: 
Shareholder Class Action
Date Filed: 
08/31/2016
Class Period Begin: 
04/20/2016
Class Period End: 
08/18/2016
Court of Filing: 
U.S. District Court for the Southern District of New York
Deadline To File for Lead: 
10/31/2016
Date Settled: 
02/08/2018
Settlement Amount: 
$4,000,000
Deadline to Participate in Settlement: 
07/06/2018
Summary: 

The settlement includes all persons that purchased or otherwise acquired American Renal Associates Holdings Inc (NYSE: ARA) securities during the period from April 20, 2016 through August 18, 2016, including all persons that purchased or otherwise acquired American Renal Associates Holdings Inc (NYSE: ARA) securities pursuant or traceable to the Registration Statement filed in connection with American Renal Associates Holdings Inc's (NYSE: ARA) April 20, 2016 offering.

February 8, 2018 - The court preliminarily approved the settlement.

January 31, 2018 - Parties filed a stipulation of settlement.

January 10, 2018 - The court denied defendants' motions to dismiss.

May 18, 2017 - Defendants filed motions to dismiss.

February 1, 2017 - The lead plaintiffs filed an amended complaint on behalf of investors who purchased American Renal Associates Holdings Inc (NYSE: ARA) common shares between April 20, 2016 and August 18, 2016. The lead plaintiffs allege that the defendants violated the Securities Exchange Act of 1934 by issuing false and misleading statements between April 20, 2016 and August 18, 2016.

November 30, 2016 - Lead plaintiff and lead counsel were appointed.

October 31, 2016 - Lead plaintiff motions for the additional complaint were filed.

October 28, 2016 - The plaintiff of the complaint filed on August 31, 2016 filed a notice of voluntary dismissal without prejudice.

September 2, 2016 - Another investor filed an additional complaint.

August 31, 2016 - An investor in shares of American Renal Associates Holdings Inc (NYSE: ARA) filed a lawsuit in the U.S. District Court for the Southern District of New York over alleged violations of Federal Securities Laws by American Renal Associates Holdings Inc in connection with certain allegedly false and misleading statements made between April 21, 2016 and August 18, 2016.

On or about April 21, 2016, American Renal Associates Holdings Inc completed its IPO, issuing 8.625 million shares of common stock and raising net proceeds of approximately $189.75 million.

According to the complaint the plaintiff alleges on behalf of all persons or entities who purchased or otherwise acquired American Renal Associates Holdings Inc securities pursuant and/or traceable to American Renal Associates Holdings Inc’s false and misleading Registration Statement and Prospectus issued in connection with the Company’s initial public offering on or about April 21, 2016 (the “IPO” or the “Offering”) and/or on the open market between April 21, 2016 and August 18, 2016, that the defendants violated Federal Securities Laws.

More specifically, the plaintiff claims that between defendants made false and/or misleading statements and/or failed to disclose that American Renal Associates Holdings Inc was engaged in a fraudulent scheme to steer patients away from qualified-for Medicare and Medicaid plans into more expensive Affordable Care Act (“ACA”) plans to obtain greater reimbursement for the Company’s dialysis services, that the foregoing scheme was in violation of federal and state laws, and that as a result of the foregoing, American Renal Associates Holdings Inc’s public statements were materially false and misleading at all relevant times.

On July 1, 2016, three insurance companies filed a lawsuit against American Renal Associates Holdings Inc and an affiliated entity in the United States District Court for the Southern District of Florida, alleging that American Renal Associates Holdings Inc was engaged in a “fraudulent and illegal scheme” that involved persuading patients who qualified for Medicare or Medicaid coverage to enroll in commercial healthcare plans and then putting those patients in touch with an American Renal-patronized charity that would pay the patients’ insurance premiums in full or in part. As Medicaid and Medicare provide for only predetermined reimbursement rates for dialysis services, the suit alleges that American Renal Associates Holdings Inc would thus receive much larger reimbursements from the ACA insurer as a commercial payor than it would have from Medicare or Medicaid coverage.

On August 18, 2016, the Centers for Medicare and Medicaid Services (the “Agency”), a federal agency within the U.S. Department of Health and Human Services, announced that it had sent warning letters to all dialysis centers that participate in the federal Medicare program. The Agency also stated that it is weighing financial penalties on providers found to have directed people eligible for Medicare into ACA plans instead—as American Renal is alleged to have done.

Shares of American Renal Associates Holdings Inc (NYSE: ARA) declined on August 19, 2016 to as low as $17.69 per share.