JAVIER TAMES v. DESARROLLADORA HOMEX, S.A.B. DE C.V. a/k/a HOMEX DEVELOPMENT CORP., GERARDO DE NICOLÁS GUTIÉRREZ, and CARLOS MOCTEZUMA VELASCO

Case No. 2:17-cv-01416-ADS-ARL

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

If you purchased or acquired the publicly traded American Depositary Receipts (“ADRs”)1 of Desarrolladora Homex, S.A.B. de C.V. a/k/a Homex Development Corporation during the period from April 30, 2012 through May 5, 2016, inclusive (the “Class Period”), and were allegedly damaged thereby, you may be entitled to a payment from a class action settlement.

UPDATE: The Action has been reassigned from the Honorable Arthur D. Spatt to the Honorable Joan M. Azrack, United States District Judge. As of August 7, 2020, the date of this update, the Settlement Hearing remains scheduled for September 16, 2020, at 9:00 a.m. Please note that as a result of the reassignment to the Honorable Joan M. Azrack, the Settlement Hearing will now take place in Courtroom 920 at the United States District Court for the Eastern District of New York, 100 Federal Plaza, Central Islip, New York 11722. If you want to attend the hearing, you should check with Lead Counsel beforehand to be sure that the Settlement Hearing date and/or time has not changed and to inquire whether the Settlement Hearing will be conducted in person or remotely given the impact of Covid-19.

UPDATE: The initial Notice mailed included typographical errors in footnote #5 listed on page 14. The initial Notice stated that the “90-day look-back period” was from May 6, 2018 through August 3, 2016 and that the mean (average) closing price for Homex ADRs during the 90-day look-back period was $0.7783. The corrected Notice on this website rectifies these typographical errors in the look-back period date and mean (average) closing price by stating that the “90-day look-back period” was from May 6, 2016 through August 3, 2016 and that the mean (average) closing price for Homex ADRs during the 90-day look-back period was $0.7883.

Important Dates

August 26, 2020 — Exclusion Deadilne

August 26, 2020 — Objection Deadline

September 9, 2020 — Claim Form Deadline

September 16, 2020 at 9:00 a.m. — Fairness Hearing

If you are a Settlement Class Member, your legal rights will be affected by this Settlement whether you act or do not act. Please read the Notice carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT A CLAIM FORM BY SEPTEMBER 9 2020

The only way to get a payment. See Question 8 for details.

EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS BY AUGUST 26, 2020

Get no payment. This is the only option that, assuming your claim is timely brought, might allow you to ever bring or be part of any other lawsuit against Defendant and/or the other Released Parties concerning the Released Claims. See Question 11 for details.

OBJECT BY AUGUST 26, 2020

Write to the Court about why you do not like the Settlement, the Plan of Allocation, and/or Lead Counsel’s Fee and Expense Application. If you object, you will still be a member of the Settlement Class. See Question 16 below for details.

GO TO A HEARING ON SEPTEMBER 16, 2020 AND FILE A NOTICE OF INTENTION TO APPEAR BY AUGUST 26, 2020

Ask to speak in Court at the Settlement Hearing about the Settlement. See Question 20 below for details.

DO NOTHING

Get no payment. Give up rights.

1The complaint filed in the above-captioned action described the class as of those investors who purchased American Depositary Shares (“ADSs”). For the purposes of this Settlement the term “ADRs” encompasses the term “ADSs” as the terms are often used interchangeably by market participants.

2The terms of the Settlement are in the Stipulation and Agreement of Settlement, dated May 5, 2020 (the “Stipulation”), which can be viewed here. All capitalized terms not defined in this Notice have the same meanings as defined in the Stipulation.