The information contained on this web page is only a summary of information presented in more detail in the Notice of (I) Pendency of Class Action and Proposed Settlement and Plan of Allocation; (II) Settlement Hearing; and (III) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”), which you can access by clicking here. Since this website is just a summary, you should review the Notice for additional information.
If you are a Class Member, your legal rights will be affected by this Settlement whether you act or do not act.
Please read the Notice carefully.
CLASS: ALL PERSONS OR ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED MALIBU BOATS, INC. (MBI) SECURITIES, INCLUDING MBI COMMON STOCK AND CALL AND PUT OPTIONS, BETWEEN NOVEMBER 4, 2022 AND MAY 1, 2024, INCLUSIVE, AND WHO WERE DAMAGED THEREBY
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SUBMIT A CLAIM FORM ONLINE OR POSTMARKED NO LATER THAN FEBRUARY 14, 2026. |
This is the only way to be potentially eligible to receive a payment from the Settlement Fund. If you are a Settlement Class Member and you remain in the Settlement Class, you will be bound by the Settlement as approved by the Court and you will give up any Released Plaintiffs’ Claims (defined in paragraph 30 of the Notice) that you have against Defendants and the other Defendant Releasees (defined in paragraph 31 of the Notice), so it is in your interest to submit a Claim Form. See paragraph 39 of the Notice for more information regarding how to participate in the Settlement. The deadline to file a claim has passed. |
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EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS BY SUBMITTING A WRITTEN REQUEST FOR EXCLUSION THAT IS RECEIVED NO LATER THAN JANUARY 6, 2026. |
If you exclude yourself from the Settlement Class, you will not be eligible to receive any payment from the Settlement Fund. This is the only option that allows you ever to be part of any other lawsuit against any of the Defendants or the other Defendant Releasees concerning the Released Plaintiffs’ Claims. See paragraphs 54-57 of the Notice for instructions on how to request exclusion. The deadline to exclude yourself from the Settlement has passed. |
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OBJECT TO THE SETTLEMENT BY SUBMITTING A WRITTEN OBJECTION SO THAT IT IS RECEIVED NO LATER THAN JANUARY 6, 2026. |
If you do not like the proposed Settlement, the proposed Plan of Allocation, or the request for attorneys’ fees and reimbursement of Litigation Expenses, you may write to the Court and explain why you do not like them. You cannot object to the Settlement, the Plan of Allocation or the fee and expense request unless you are a Settlement Class Member and do not exclude yourself from the Settlement Class. See paragraphs 60-62 of the Notice for instructions on how to object. The deadline to object to the Settlement has passed. |
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ATTEND A HEARING ON FEBRUARY 2, 2026 AT 5:00 P.M., AND FILE A NOTICE OF INTENTION TO APPEAR NO LATER THAN JANUARY 6, 2026. |
On February 9, 2026, the Court granted final approval of the Settlement and Plan of Allocation. On February 28, 2026, the Court granted final approval of the Plaintiff's motion for attorney fees and costs. Please find the relevant Order in the Court Documents section of this website. |
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DO NOTHING |
If you are a member of the Settlement Class and you do not submit a valid Claim Form, you will not be eligible to receive any payment from the Settlement Fund. You will, however, remain a member of the Settlement Class, which means that you give up your right to sue about the claims that are resolved by the Settlement and you will be bound by any judgments or orders entered by the Court in the Action. |
How Do I Know If I Am Affected By The Settlement?
For the purposes of settlement, everyone who fits the following description is a Class Member. Please read Paragraph 19 of the Notice for exceptions to inclusion in the Class.
All persons or entities who purchased or otherwise acquired MBI securities (defined as MBI common stock and MBI call and put options) between November 4, 2022 and May 1, 2024, inclusive, and who were damaged thereby.
How Much Will My Payment Be?
Pursuant to the Settlement, Defendants have agreed to cause the D&O Insurers to pay seven million eight hundred thousand dollars ($7,800,000.00) in cash. The Settlement Amount will be deposited into an escrow account. The Settlement Amount plus any and all interest earned thereon is referred to as the “Settlement Fund.” If the Settlement is approved by the Court and the Effective Date occurs, the “Net Settlement Fund” (that is, the Settlement Fund less (a) all federal, state or local taxes on any income earned by the Settlement Fund and the reasonable costs incurred in connection with determining the amount of and paying taxes owed by the Settlement Fund (including reasonable expenses of tax attorneys and accountants); (b) the costs and expenses incurred in connection with providing notice to Settlement Class Members and administering the Settlement on behalf of Settlement Class Members; (c) any attorneys’ fees and Litigation Expenses awarded by the Court; and (d) other Court-approved deductions) will be distributed to Settlement Class Members who submit valid Claim Forms, in accordance with the proposed Plan of Allocation or such other plan of allocation as the Court may approve. Lead Counsel estimates that the Net Settlement Fund, before the addition of interest earned on the Settlement Fund, will be approximately $5,100,000, which equates to 65.38% of the Settlement Fund.
The Settlement Hearing
The Settlement Hearing will be held on February 2, 2026 at 5:00 p.m. in Courtroom 1106 at the United States District Court for the Southern District of New York, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. The Court reserves the right to approve the Settlement, the Plan of Allocation, Lead Counsel’s motion for an award of attorneys’ fees and reimbursement of Litigation Expenses, and/or any other matter related to the Settlement at or after the Settlement Hearing with such modification(s) as may be consented to by the Parties to the Stipulation and without further notice to the members of the Settlement Class.
Further Information
For more details regarding this case, please reference the documents filed in the case under the “Court Documents” section at the top of this website. You may also contact the Claims Administrator or Lead Counsel for further information regarding this case.
Claims Administrator:
Malibu Boats Securities Litigation
Claims Administrator
c/o A.B. Data, Ltd.
P.O. Box 173139
Milwaukee, WI 53217
Email: info@MalibuBoatsSecuritiesLitigation.com
Telephone: (866) 830-2422
Lead Counsel:
Saxena White
Joshua H. Saltzman
10 Bank Street, Suite 882
White Plains, NY 10606
jsaltzman@saxenawhite.com