Exhibit A-1 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

----------------------------------------------------X 

PATRICIA LOWRY, individually and on 

behalf of all others similarly situated, 

Plaintiff, 

 -against- Civil Action No. 20 C 01939 (MFK) 

 

RTI SURGICAL HOLDINGS, INC., CLASS ACTION 

CAMILLE I. FARHAT, BRIAN K. 

HUTCHISON, JONATHON M. SINGER, 

ROBERT P. JORDHEIM, and JOHANNES 

W. LOUW,

Defendants. 

 

-----------------------------------------------------X 

NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION, MOTION FOR 

ATTORNEYS’ FEES AND EXPENSES, AND FINAL APPROVAL HEARING 

TO: ALL PERSONS AND ENTITIES THAT PURCHASED OR OTHERWISE 

ACQUIRED RTI SURGICAL HOLDINGS, INC. COMMON STOCK FROM 

MARCH 7, 2016 THROUGH MARCH 27, 2020, BOTH DATES INCLUSIVE 

(CLASS PERIOD) AND WERE DAMAGED THEREBY.

EXCLUDED FROM THE CLASS ARE DEFENDANTS, THE OFFICERS AND DIRECTORS 

OF RTI SURGICAL HOLDINGS INC. AT ALL RELEVANT TIMES, MEMBERS OF THEIR 

IMMEDIATE FAMILIES AND THEIR LEGAL REPRESENTATIVES, HEIRS, SUCCESSORS 

OR ASSIGNS AND ANY ENTITY IN WHICH ANY OF THE ABOVE HAVE OR HAD A 

CONTROLLING INTEREST. 

PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY 

LEGAL PROCEEDINGS IN THIS LITIGATION. IF YOU ARE A MEMBER OF THE CLASS 

DESCRIBED HEREIN, YOU MAY BE ENTITLED TO RECEIVE A PAYMENT PURSUANT 

TO THE PROPOSED SETTLEMENT DESCRIBED BELOW. 

CLASS RECOVERY: This Notice has been sent to you pursuant to an Order of the United 

States District Court, Northern District of Illinois (the “Court”) in the above-captioned action (the 

“Action”). One of the purposes of this Notice is to inform you of the proposed Settlement of the 

Action for $10,500,000. Plaintiff estimates there were approximately 32.5 million shares of RTI 

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Surgical Holdings, Inc. common stock traded during the Class Period that may have been 

impacted. Pursuant to the Plan of Allocation (see Section III herein), if all affected RTI Surgical 

Holdings, Inc. shares elect to participate in the Settlement, the average recovery per share could 

be approximately $0.32, before deduction of any fees, expenses, costs, and awards described 

herein. The actual amount disbursed to members of the Class who participate in the Settlement 

may be more or less than this figure. 

POTENTIAL OUTCOME OF THE CASE: The parties vigorously disagree on both 

liability and damages, and do not agree what damages per share would be recoverable if Plaintiffs 

prevailed on each claim alleged under the Securities Act of 1934 The issues on which the parties 

disagree include, but are not limited to: (a) whether any person who made the allegedly false and 

misleading statements acted with the requisite state of mind (scienter); (b) the materiality of some 

of the allegedly false and misleading statements; and (c) the effect, if any, of those statements on 

the price of RTI Surgical Holdings, Inc.’s common stock. The Defendants continue to deny that 

they are liable to the Plaintiff or the Class and deny that Plaintiff or the Class have suffered any 

damages, and the Settlement is not an admission of wrongdoing or liability. 

REASONS FOR SETTLEMENT: Plaintiff believes that the proposed Settlement is fair, 

reasonable, adequate to, and in the best interests of, the Class. Plaintiff and their counsel have 

reached this conclusion after investigating and considering, among other things, the strengths and 

weaknesses of Plaintiff’s claims against Defendants, including the Defendants’ contentions that 

the Class’s claims are without merit, the uncertainties of this complex litigation, the legal and 

factual defenses available to Defendants, and the concrete benefits provided by the Settlement to 

the members of the Class. The Settlement was entered into after extended mediation proceedings. 

Without admitting any wrongdoing or liability on their part whatsoever, Defendants are 

nevertheless willing to settle to avoid the continuing burden, expense, inconvenience and 

distraction to Defendants in this Action to avoid the cost, delay, and risk of continuing the Action 

provided that all of the claims of the Class are settled and compromised. 

ATTORNEYS’ FEES AND COSTS SOUGHT: Lead Counsel has not received any 

payment for its services in conducting this litigation on behalf of Plaintiff and the members of the 

Class, nor has it been reimbursed for its out-of-pocket expenditures. If the Settlement is approved 

by the Court, Lead Counsel will apply to the Court for attorneys’ fees not to exceed 33% of the 

Settlement Amount, and reimbursement of expenses not to exceed $_____. If the amount requested 

by counsel is approved by the Court, the average cost of fees would be approximately $0.10 per 

share. In addition, a Compensatory Award for the time and expenses incurred by the Lead Plaintiff 

will be requested, not to exceed $5,000. 

IDENTIFICATION OF PLAINTIFF’S COUNSEL: Requests for further information 

regarding the Action and this Notice may be directed to Lead Counsel: Louis C. Ludwig, Esq., 

Pomerantz LLP, 10 South La Salle Street, Suite 3505, Chicago, IL 60603, lcludwig@pomlaw.com

and Devin “Velvel” Freedman, Roche Freedman LLP, 1 SE 3rd Av., Suite 1250, Miami, Florida 

33131, vel@rcfllp.com. 

I. THE CLASS INVOLVED IN THE PROPOSED SETTLEMENT 

The proposed Settlement affects the rights of the members of the Class. The Class consists of: 

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All persons and entities that purchased or otherwise acquired RTI Surgical 

Holdings, Inc. common stock from March 7, 2016 through March 27, 2020, 

both dates inclusive (the Class Period) and were damaged thereby. 

Excluded from the Class are Defendants, the officers and directors of RTI Surgical 

Holdings, Inc. at all relevant times, members of their immediate families and their legal 

representatives, heirs, successors or assigns and any entity in which any of the above have or had 

a controlling interest. 

The sending of this Notice should not be construed as any indication of the Court’s view as 

to the merits of any claims or defenses asserted by any party to this Action. 

II. THE LITIGATION 

Summary of the Litigation

The Court handling this Action is the United States District Court for the Northern District of 

Illinois, and the case is known as In re RTI Surgical Holdings Inc. Holdings, Inc. Securities 

Litigation, No. 20 C 01939 (MFK). On June 30, 2020, Rosy Yeretsian was appointed as Lead 

Plaintiff to represent the Class. The Defendants in this Action are RTI Surgical Holdings, Inc. 

(n/k/a Surgalign Holdings, Inc. and herein as “RTI” or the “Company”); and Camille I. Farhat, 

Brian K. Hutchison, Jonathon M. Singer, Robert P. Jordheim and Johannes W. Louw. 

This Action alleges violations of the Federal Securities Laws (specifically Sections 10(b) and 

20(a) of the Exchange Act (15 U.S.C. §78j(b) and 78(t)(a))) and Rule 10b-5 promulgated 

thereunder (17 C.F.R. §240.10b-5)) by Defendants. 

During the Class Period, RTI Surgical Holdings, Inc., was a surgical implant company that 

designed, developed, manufactured, and distributed biologic, metal, and synthetic implants 

worldwide. The Company is a Delaware corporation headquartered in Deerfield, Illinois that, 

during the Class Period,was listed on the NASDAQ under the ticker symbol “RITX.” Plaintiff 

alleges that, during the Class Period, Defendants misleadingly assured the market that (i) RTI 

recognized revenue in accordance with contractual arrangements between the Company and its 

customers; (ii) RTI’s internal controls over financial reporting were effective; and (iii) RTI’s 

public disclosures were complete. Plaintiff alleges that RTI’s stock price was artificially inflated 

as a result of a series of misleading statements. The Court has not decided who is right. 

The Defendants deny all allegations of misconduct alleged by Plaintiff, deny having engaged 

in any wrongdoing whatsoever, and have asserted numerous defenses to Plaintiff’s claims. 

Discovery, Investigation, and Research Conducted by Counsel

As part of the Settlement process, Lead Counsel performed an investigation and research into 

the merits of the Action. This investigation has included consultation with experts concerning the 

amount of damages suffered by the Class; interviews of confidential witnesses who previously 

worked at RTI Surgical Holdings, Inc. and its customers; detailed reviews of RTI Surgical 

Holdings, Inc.’s public filings, SEC filings, press releases, and other public statements; review of 

more than 3,000 pages of documents produced by Defendants; an interview by counsel of a 

Company corporate representative; review of reports issued by financial and industry analysts 

relating to RTI Surgical Holdings, Inc.; and research of the applicable law with respect to the 

claims asserted in the complaints filed in the Action, and the potential defenses thereto. 

Proposed Settlement

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Lead Counsel and Defendants’ Counsel participated in protracted negotiations in mediation 

with the assistance of mediator Michelle Yoshida, Esq. of Phillips ADR. During these negotiations, 

the parties discussed, among other things, the respective claims and defenses, damage analyses, 

legal analyses, the evidence to be offered by the parties at trial, the risks of collection, and other 

important factual and legal issues. By entering the Settlement, the Defendants do not concede the 

truth of any of the claims against them. 

These negotiations resulted in the agreement to settle all claims of the Class against the 

Defendants, i.e., the Stipulation, entered into on August 31, 2021. Lead Counsel believe that the 

claims asserted in the Action have merit and that the evidence developed to date in the action 

supports the claims asserted therein. Lead Counsel assert and believe the Class would present 

supporting evidence at trial establishing liability against the Defendants under Sections 10(b) and 

20(a) of the Securities Exchange Act of 1934. 

Lead Counsel, however, recognize and acknowledge the expense and length of continued 

proceedings, trial, and appeals, and have taken into account the uncertain outcome and the risk of 

any litigation, especially complex actions such as here, as well as the risks of collection. They are 

also mindful of the inherent problems of proof under the federal securities laws violations asserted 

in this Action, including the defenses asserted or that may be asserted by Defendants. 

In light of the foregoing, Lead Counsel believe that the Settlement set forth in the Stipulation 

confers a meaningful benefit upon the Class. Based on their evaluation, Lead Counsel have 

determined that the Settlement is in the best interests of the Class. 

The Release

In return for the payment of the Settlement Fund, Class Members who do not file for exclusion 

from the Class will release, discharge and dismiss with prejudice all Released Claims as against 

each and all of the Released Persons, without costs to any party except as provided herein, upon 

the Effective Date. Lead Plaintiff and all Class Members, whether or not any such Person submits 

a Proof of Claim and Release or shares in the Net Settlement Fund, on behalf of themselves and 

each of their predecessors, successors, parents, subsidiaries, affiliates, custodians, agents, assigns, 

representatives, heirs, executors, trustees and administrators, will be deemed by this Settlement on 

the Effective Date to release and forever discharge the Released Persons from any and all of the 

Released Claims. 

On the Effective Date, all Class Members, and anyone claiming through or on behalf of any of 

them, will be forever barred and enjoined from commencing, instituting, prosecuting or continuing 

to prosecute any action or other proceedings in any court of law or equity, arbitration tribunal, or 

administrative forum, asserting the Released Claims against any of the Released Persons. 

III. PROPOSED PLAN OF ALLOCATION 

The $10,500,000 Settlement Amount and any interest earned thereon shall be the 

Settlement Fund. The Settlement Fund less taxes, approved costs, fees and expenses (the “Net 

Settlement Fund”) shall be distributed to members of the Class who submit valid Claim Forms 

(“Authorized Claimants”). 

The Settlement Administrator shall determine each Authorized Claimant’s pro rata share 

of the Net Settlement Fund based upon each Authorized Claimant’s “Recognized Loss.” The 

Recognized Loss formula is not intended to be an estimate of the amount of what a Class Member 

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lost or might have been able to recover after a trial; nor is it an estimate of the amount that will be 

paid to Authorized Claimants pursuant to the Settlement. The Recognized Loss formula is simply 

the basis upon which the Net Settlement Fund will be proportionately allocated to Authorized 

Claimants. 

The Plan of Allocation takes into consideration the limitation on damages provision of the 

PSLRA, 15 U.S.C. § 78u-4(e) which incorporates a 90-day lookback period, the advice of 

Plaintiff’s experts, and the principles of economic loss articulated by the Supreme Court in Dura 

Pharmaceuticals, Inc. v. Broudo, 544 U.S. 336 (2005). For purposes of this Settlement, the 

Recognized Loss shall be calculated as follows: 

1. There is no Recognized Loss for shares purchased on or before March 6, 2016. 

2. For each share of RTI common stock purchased during the period March 7, 2016 

through March 16, 2020, inclusive, and 

a. sold on March 17, 2020, the Recognized Loss per share is the lesser of: 

i. $0.55; or 

ii. the purchase price minus the sale price. 

b. sold during the period March 18, 2020 through March 19, 2020, inclusive, 

the Recognized Loss per share is the lesser of: 

i. $0.77; or 

ii. the purchase price minus the sale price. 

c. sold during the period March 20, 2020 through March 27, 2020, inclusive, 

the Recognized Loss per share is the lesser of: 

i. $1.00; or 

ii. the purchase price minus the sale price. 

d. sold during the period March 30, 2020 through June 25, 2020, inclusive, 

(i.e., sold during the 90-day lookback period), the Recognized Loss per 

share is the lesser of: 

i. $1.28; or 

ii. the purchase price minus the 90-day lookback value on the date of 

sale as provided in Table 1 below; or 

iii. the purchase price minus the sale price. 

e. still held as of the close of trading on June 25, 2020, the Recognized Loss 

per share is the lesser of : 

i. $1.28; or 

ii. the purchase price minus the average closing price for RTI common 

stock during the 90-day lookback period, which is $2.43. 

3. For each share of RTI common stock purchased on March 17, 2020, and 

a. sold prior to March 18, 2020, the Recognized Loss per share is zero. 

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b. sold during the period March 18, 2020 through March 19, 2020, inclusive, 

the Recognized Loss per share is the lesser of: 

i. $0.22; or 

ii. the purchase price minus the sale price. 

c. sold during the period March 20, 2020 through March 27, 2020, inclusive, 

the Recognized Loss per share is the lesser of: 

i. $0.45; or 

ii. the purchase price minus the sale price. 

d. sold during the period March 30, 2020 through June 25, 2020, inclusive, 

(i.e., sold during the 90-day lookback period), the Recognized Loss per 

share is the lesser of: 

i. $0.73; or 

ii. the purchase price minus the 90-day lookback value on the date of 

sale as provided in Table 1 below; or 

iii. the purchase price minus the sale price. 

e. still held as of the close of trading on June 25, 2020, the Recognized Loss 

per share is the lesser of: 

i. $0.73; or 

ii. the purchase price minus the average closing price for RTI common 

stock during the 90-day lookback period, which is $2.43. 

4. For each share of RTI common stock purchased during the period March 18, 2020 

through March 19, 2020, inclusive, and 

a. sold prior to March 20, 2020, the Recognized Loss per share is zero. 

b. sold during the period March 20, 2020 through March 27, 2020, inclusive, 

the Recognized Loss per share is the lesser of: 

i. $0.23; or 

ii. the purchase price minus the sale price. 

c. sold during the period March 30, 2020 through June 25, 2020, inclusive, 

(i.e., sold during the 90-day lookback period), the Recognized Loss per 

share is the lesser of: 

i. $0.51; or 

ii. the purchase price minus the 90-day lookback value on the date of 

sale as provided in Table 1 below; or 

iii. the purchase price minus the sale price. 

d. still held as of the close of trading on June 25, 2020, the Recognized Loss 

per share is the lesser of: 

i. $0.51; or

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ii. the purchase price minus the average closing price for RTI common 

stock during the 90-day lookback period, which is $2.43.

5. For each share of RTI common stock purchased during the period March 20, 2020 

through March 27, 2020, inclusive, and 

a. sold prior to March 30, 2020, the Recognized Loss per share is zero. 

b. sold during the period March 30, 2020 through June 25, 2020, inclusive, 

(i.e., sold during the 90-day lookback period), the Recognized Loss per 

share is the lesser of: 

i. $0.28; or 

ii. the purchase price minus the 90-day lookback value on the date of 

sale as provided in Table 1 below; or 

iii. the purchase price minus the sale price. 

c. still held as of the close of trading on June 25, 2020, the Recognized Loss 

per share is the lesser of: 

i. $0.28; or 

ii. the purchase price minus the average closing price for RTI common 

stock during the 90-day lookback period, which is $2.43.

6. For each share of RTI common stock purchased after March 27, 2020, the Recognized 

Loss per share is $0. 

Table 1 

90-Day Lookback Value 

Sale / 

Disposition 

Date

90-Day 

Lookback 

Value

Sale / 

Disposition 

Date

90-Day 

Lookback 

Value

Sale / 

Disposition 

Date

90-Day 

Lookback 

Value

3/30/2020 $1.68 4/29/2020 $1.97 5/29/2020 $2.18

3/31/2020 $1.70 4/30/2020 $2.00 6/1/2020 $2.19

4/1/2020 $1.66 5/1/2020 $2.03 6/2/2020 $2.21

4/2/2020 $1.63 5/4/2020 $2.06 6/3/2020 $2.22

4/3/2020 $1.60 5/5/2020 $2.07 6/4/2020 $2.24

4/6/2020 $1.60 5/6/2020 $2.08 6/5/2020 $2.25

4/7/2020 $1.60 5/7/2020 $2.08 6/8/2020 $2.27

4/8/2020 $1.63 5/8/2020 $2.09 6/9/2020 $2.29

4/9/2020 $1.68 5/11/2020 $2.10 6/10/2020 $2.31

4/13/2020 $1.73 5/12/2020 $2.10 6/11/2020 $2.32

4/14/2020 $1.77 5/13/2020 $2.11 6/12/2020 $2.33

4/15/2020 $1.79 5/14/2020 $2.11 6/15/2020 $2.34

4/16/2020 $1.81 5/15/2020 $2.11 6/16/2020 $2.36

4/17/2020 $1.83 5/18/2020 $2.12 6/17/2020 $2.37

4/20/2020 $1.84 5/19/2020 $2.12 6/18/2020 $2.38

4/21/2020 $1.86 5/20/2020 $2.13 6/19/2020 $2.40

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Table 1 

90-Day Lookback Value 

Sale / 

Disposition 

Date

90-Day 

Lookback 

Value

Sale / 

Disposition 

Date

90-Day 

Lookback 

Value

Sale / 

Disposition 

Date

90-Day 

Lookback 

Value

4/22/2020 $1.87 5/21/2020 $2.13 6/22/2020 $2.41

4/23/2020 $1.87 5/22/2020 $2.13 6/23/2020 $2.42

4/24/2020 $1.87 5/26/2020 $2.14 6/24/2020 $2.43

4/27/2020 $1.88 5/27/2020 $2.16 6/25/2020 $2.43

4/28/2020 $1.93 5/28/2020 $2.17

General Provisions:

1. There shall be no Recognized Loss attributed to any RTI Surgical Holdings, Inc. securities 

 other than RTI Surgical Holdings, Inc. common stock. 

2. The date of a purchase, acquisition, or sale of RTI Surgical Holdings, Inc. common stock 

 is the “trade” date, and not the “settlement” date. 

3. The first-in, first-out basis (“FIFO”) will be applied to both purchases and sales. 

4. The date of covering a “short sale” is deemed to be the date of purchase of RTI Surgical 

 Holdings, Inc. common stock; and the date of a “short sale” is deemed to be the date of 

 sale of RTI Surgical Holdings, Inc. common stock. Shares originally sold short will have 

 a Recognized Loss of zero. 

5. Exercise of option contracts into RTI Surgical Holdings, Inc. common stock will be 

 considered to be purchases or sales of RTI Surgical Holdings, Inc. common stock as of the 

 date of the exercise. 

6. No cash payment will be made on a claim where the potential distribution amount is less 

 than $20.00 (Twenty Dollars and Zero Cents). Please be advised that if you did not incur a 

 Recognized Loss as defined in the Plan of Allocation you will not receive a cash 

 distribution from the Net Settlement Fund, but you will be bound by all determinations and 

 judgments of the Court in connection with the Settlement, including being barred from 

 asserting any of the Released Claims against the Released Persons. 

7. The Court has reserved jurisdiction to allow, disallow or adjust the claim of any Class 

 Member on equitable grounds. 

8. No Person shall have any claim against Lead Counsel, the Settlement Administrator or 

 other agent designated by Lead Counsel, or any Defendant or any Defendants’ Counsel 

 based on the distribution made substantially in accordance with the Stipulation and this 

 Plan of Allocation, or further orders of the Court. 

9. Class Members who do not submit valid Claim Forms will not share in the settlement 

 proceeds. Class Members who do not either submit a request for exclusion or submit a 

 valid Claim Form will nevertheless be bound by the settlement and the Order and Final 

 Judgment of the Court dismissing this Action. 

IV. REQUESTING EXCLUSION FROM THE CLASS 

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IF YOU ARE A MEMBER OF THE CLASS, YOU MAY BE ELIGIBLE TO SHARE IN 

THE BENEFITS OF THIS SETTLEMENT AND WILL BE BOUND BY ITS TERMS 

UNLESS YOU EXCLUDE YOURSELF FROM THE CLASS. 

Each member of the Class shall be bound by all determinations and judgments of the Court in 

connection with the Settlement, whether favorable or unfavorable, unless such Class Member shall 

mail, by first class mail, sufficient postage prepaid, a written request for exclusion from the Class, 

postmarked no later than , 2021, addressed to the Claims Administrator at: RTI Surgical 

Holdings, Inc. Securities Litigation, Claims Administrator, c/o . Such request for 

exclusion shall be in a form that sufficiently identifies (1) the name and address of the person(s) 

or entity seeking exclusion, and (2) a list of all transaction(s) involving RTI Surgical Holdings, 

Inc. Common Stock during the period from March 7, 2016 through June 25, 2020, including the 

number of shares, principal amount and trade date of each purchase and sale. A request for 

exclusion shall not be effective unless submitted within the time and in the form and manner 

provided for herein. You cannot exclude yourself by telephone, email or fax. 

If a person or entity who is a member of the Class duly and timely requests to be excluded 

from the Class, such person or entity will not be bound by any orders or judgments entered 

in respect of the Settlement and shall not be entitled to receive any benefits provided by the 

Settlement in the event it is finally approved by the Court. 

If a judgment approving the Settlement provided for in the Stipulation is finally entered, all 

members of the Class who have not requested exclusion shall conclusively be deemed to have 

released and shall thereafter be barred from asserting any of the Released Claims against the 

Released Persons. 

V. STATEMENT OF ATTORNEYS’ FEES AND COSTS SOUGHT 

If the proposed Settlement is approved, Lead Counsel intend to apply to the Court for an award 

of attorneys’ fees and reimbursement of expenses from the Settlement Fund. Lead Counsel will 

seek no more than 33 percent of the Settlement Fund as fees, plus an additional amount not to 

exceed $ as reimbursement for the expenses and costs actually incurred, in prosecuting 

the action. Lead Counsel believe their intended fee request to be fair and reasonable. Lead Counsel 

have litigated this case on a wholly contingent basis and have received no compensation during 

the period the case has been pending, while expending considerable time and funds during the 

Action. Had the case not been successful, Lead Counsel would have sustained a considerable 

financial loss. 

In addition, Lead Counsel intend to apply to the Court on behalf of the Court-appointed Lead 

Plaintiff for reimbursement from the Settlement Fund for and of her reasonable time, costs and 

expenses directly relating to her representation of the Class. Lead Counsel will seek no more than 

$____ for the Lead Plaintiff. 

VI. THE FINAL APPROVAL HEARING 

The Final Approval Hearing shall be held before Honorable Matthew F. Kennelly on 

____________, 2021, at ______ .m., in Courtroom __ of the United States District Court for the 

Northern District of Illinois, Evert McKinley Dirksen Building, United States Courthouse, 219 

South Dearborn Street, Chicago, IL 60604 or via Zoom or some other video platform to determine: 

(1) whether a Class should be certified for purposes of the Settlement and whether Lead Plaintiff 

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and Lead Counsel have adequately represented the Class Members; (2) whether the proposed 

Settlement of the Class’s claims against the Defendants for $10,500,000 should be approved as 

fair, reasonable and adequate; (3) whether the proposed Plan of Allocation is fair, just, reasonable, 

and adequate; (4) whether the Court should permanently enjoin the assertion of any claims that 

arise from or relate to the subject matter of the Action; (5) whether the Action should be dismissed 

with prejudice against the Defendants as set forth in the Stipulation of Settlement filed with the 

Court; (6) whether the application by Lead Counsel for an award of attorneys’ fees and expenses 

should be approved; and (7) whether the Lead Plaintiff’s application for reimbursement of costs 

and expenses should be granted. 

The Final Approval Hearing may be adjourned or continued from time to time by the Court 

without further notice to the Class other than an announcement at such Final Approval Hearing 

or at any adjournment or continuance thereof. 

Any Class Member who does not timely and validly request exclusion from the Class and who 

objects to the Settlement, the adequacy of the representation provided by Lead Plaintiff and Lead 

Counsel, the proposed Plan of Allocation of the Net Settlement Fund, the Final Order and 

Judgment contemplated by the Stipulation, the application for attorneys’ fees and reimbursement 

of expenses, and/or the application for and of the reimbursement of the reasonable time, costs and 

expenses of the Lead Plaintiff, or who otherwise wishes to be heard with respect to any of the 

foregoing, may appear in person or by attorney (or via any video platform designated by the Court) 

at the Final Approval Hearing, at his or her own expense, and present any evidence or argument 

that may be proper and relevant. However, no person shall be heard, and no papers, briefs, 

pleadings or other documents submitted by any such person shall be considered by the Court 

unless, no later than __________________, 2021, (1) a notice of the person’s intention to appear, 

(2) a statement of such person’s objections to any matter before the Court, and (3) the grounds for 

such objections or the reason for such person’s request to appear and to be heard, as well as the 

information requested in Section IV herein and all other documents and writings which such 

person desires the Court to consider, shall be filed by such person with the Clerk of the Court, and, 

on or before such filing, shall be delivered by hand, overnight mail or by certified mail, returnreceipt requested, sufficient postage prepaid, upon each of the following counsel of record: 

Lead Counsel: 

Louis C. Ludwig, Esq. Velvel Freedman, Esq. 

 POMERANTZ LLP ROCHE FREEDMAN LLP 

Ten South La Salle Street 1 SE 3rd Av. 

Suite 3500 Suite 1250 

Chicago, Illinois 60603 Miami, Florida 33131 

 

Defendants’ Counsel: 

Stephen P. Warren, Esq. Stephen J. Crimmins, Esq. 

HOLLAND & KNIGHT LLP MURPHY & MCGONIGLE, P.C. 

701 Brickell Avenue 1185 Avenue of the Americas 

Suite 3300 21st Floor 

Miami, Florida 33131 New York, NY 10036 

Deborah Meshulam, Esq. Russell Koonin, Esq. 

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DLA PIPER LLP (US) HOMER BONNER JACOBS ORTIZ, P.A. 

500 8th Street NW 1200 Four Seasons Tower 

Washington DC 20004 1441 Brickell Avenue 

 Miami Florida 33131 

Any person or entity who fails to object in the manner prescribed in the paragraph immediately 

above shall be deemed to have waived any objections that person or entity may have and shall be 

barred from raising such objections in this or any other action or proceeding. Objections directed 

solely to the proposed Plan of Allocation, attorneys’ fees and expenses, or awards to the Lead 

Plaintiff will not affect the finality of either the Settlement or the Judgment to be entered pursuant 

thereto, if the Settlement is approved by the Court. 

All members of the Class who do not request exclusion therefrom, in the manner provided 

herein, will be represented by Lead Counsel in connection with the Settlement, but may, if they so 

desire, also enter an appearance through counsel of their own choice and at their own expense. 

VII. PROOF OF CLAIM AND RELEASE FORM 

To be eligible to receive a cash distribution from the Settlement Fund, you must timely 

complete, sign and file a Proof of Claim and Release Form (“Proof of Claim”). A Proof of Claim 

is annexed to this Notice. You may receive more than one copy of this Notice and the Proof of 

Claim, but you should submit only one Proof of Claim for each differently named account or 

ownership, such as an individual account, an IRA account, a joint account, a custodial account, 

etc. 

The Proof of Claim (1) must be completed in accordance with the Instructions on the Proof of 

Claim, (2) must enclose all documentation required by the Instructions, and (3) must be filed with 

the Court-appointed Claims Administrator postmarked on or before _____________, 2021 at In 

re RTI Surgical Holdings, Inc. Securities Litigation, Claims Administrator, c/o 

____. 

A Proof of Claim will be deemed filed when mailed via first-class mail, sufficient postage 

prepaid. 

Members of the Class who do not exclude themselves from the Class and who fail to submit a 

valid and timely Proof of Claim will nevertheless be bound by the Settlement if finally approved, 

and all orders and judgments entered by the Court in connection therewith. 

By Order of the Court, the Proof of Claim provides for and requires a Release of all Released 

Claims as described in Section II, above, by all members of the Class who file Proofs of Claim. 

The Release will become effective on the Effective Date of the Settlement. 

Each person or entity submitting a Proof of Claim thereby submits to the jurisdiction of the 

Court for purposes of the Action, the Settlement and any proceedings relating to such Proof of 

Claim, and agrees that such a filed Proof of Claim will be subject to review and further inquiry as 

to such person’s or entity’s status as a member of the Class and the allowable amount of the claim. 

If you would like acknowledgement of the receipt of your Proof of Claim by the Claims 

Administrator, please send it by certified mail, return requested, or its equivalent. No other formal 

acknowledgment will be provided. 

VIII. SPECIAL NOTICE TO BROKERS AND OTHER NOMINEES 

Case: 1:20-cv-01939 Document #: 95-3 Filed: 08/31/21 Page 11 of 12 PageID #:3647
Brokerage firms, banks, financial institutions and other nominees (“Nominees”) who, during 

the Class Period, purchased, acquired, or sold RTI Surgical Holdings, Inc. common stock in the 

name of the Nominees on behalf of beneficial owners who may be members of the Class, must 

within ten (10) days after you receive this Notice, either: (1) send a copy of this Notice by FirstClass Mail to all such Persons; or (2) provide a list of the names and addresses of such Persons to 

the Claims Administrator at: In re RTI Surgical Holdings, Inc. Securities Litigation, 

___________________. The Claims Administrator will then cause the Notice and the Proof of 

Claim to be mailed promptly to such beneficial owners. 

If you choose to mail the Notice and Proof of Claim yourself, you may obtain from the 

Claims Administrator (without cost to you) as many additional copies of these documents as you 

will need to complete the mailing. Regardless of whether you choose to complete the mailing 

yourself or elect to have the mailing performed for you, you may obtain reimbursement for or 

advancement of reasonable administrative costs actually incurred or expected to be incurred in 

connection with forwarding the Notice and which would not have been incurred but for the 

obligation to forward the Notice, upon submission of appropriate documentation to the Claims 

Administrator. 

IX. FURTHER INFORMATION 

This Notice merely provides a brief summary of the Action and the proposed Settlement and 

is qualified by and subject in all respects to the full terms and conditions in the Stipulation. For a 

more detailed statement of the matters involved in the Action, you should refer to the pleadings, 

the Stipulation, and the orders entered by the Court and to the other papers filed in the Action. 

You may examine and/or copy the records in the Action, subject to customary copying fees, at the 

Clerk of the Court, United States District Court for the Northern District of Illinois, Everett 

McKinley Dirksen U.S. Courthouse, 219 South Dearborn Street, Chicago, IL 60604, at any time 

it is open to the general public. In addition, all of the Settlement documents, including the 

Stipulation, this Notice, the Proof of Claim form and proposed Judgments may be obtained by 

viewing the website at ________________, or contacting the Claims Administrator at: In re RTI 

Surgical Holdings, Inc. Securities Litigation, Claims Administrator, ___________________. 

In addition, you may contact Louis C. Ludwig, Esq., Pomerantz LLP, 10 South LaSalle Street, 

Suite 3505, Chicago, IL 60603, (312) 377-1181, lcludwig@pomlaw.com or Velvel Freedman, 

Roche Freedman LLP, 1 SE 3rd Ave, Suite 1250, Miami, Florida 33131, (305) 306-9211 

vel@rcfllp.com if you have any questions about the Action or the Settlement. 

INQUIRIES SHOULD NOT BE DIRECTED TO THE COURT, THE 

CLERK’S OFFICE, DEFENDANTS, OR DEFENDANTS’ COUNSEL 

Dated: __________, 2021 

________________________________ 

 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

Case: 1:20-cv-01939 Document #: 95-3 Filed: 08/31/21 Page 12 of 12 PageID #:3648