Submit Claim | Homex Securities Litigation

A. GENERAL INSTRUCTIONS

To recover as a member of the Settlement Class based on your claims in the action entitled Tames v. Desarrolladora Homex, S.A.B. de C.V. et al., Case No. 2:17-cv-01416-ADS-ARL (E.D.N.Y.) (the “Action”), you must complete and sign the Proof of Claim and Release form (“Claim Form”). If you fail to submit a timely and properly addressed (as explained in paragraph 3 below) Claim Form, your claim may be rejected and you may not receive any recovery from the Net Settlement Fund created in connection with the proposed Settlement.
Submission of this Claim Form, however, does not assure that you will share in the proceeds of the Settlement of the Action.
THIS CLAIM FORM MUST BE SUBMITTED ONLINE NO LATER THAN SEPTEMBER 9, 2020 OR, IF MAILED, BE POSTMARKED OR RECEIVED NO LATER THAN SEPTEMBER 9, 2020, ADDRESSED AS FOLLOWS:
If you are a member of the Settlement Class and you do not timely request exclusion in response to the Notice dated June 11, 2020 you are bound by the terms of any judgment entered in the Action, including the releases provided therein, WHETHER OR NOT YOU SUBMIT A CLAIM FORM OR RECEIVE A PAYMENT.

B. CLAIMANT IDENTIFICATION

If you purchased or acquired the publicly traded American Depositary Receipts (“ADRs”) of Homex between April 30, 2012 and May 5, 2016, inclusive (the “Class Period”) and held the ADRs in your name, you are the beneficial purchaser as well as the record purchaser. If, however, you purchased or acquired Homex ADRs during the Class Period through a third party, such as a brokerage firm, you are the beneficial purchaser and the third party is the record purchaser.
Use Part I of this form entitled “Claimant Identification” to identify each beneficial purchaser or acquirer of Homex ADRs that forms the basis of this claim, as well as the purchaser or acquirer of record if different. THIS CLAIM MUST BE FILED BY THE ACTUAL BENEFICIAL PURCHASER(S) OR THE LEGAL REPRESENTATIVE OF SUCH PURCHASER(S).
All joint purchasers must sign this claim. Executors, administrators, guardians, conservators, and trustees must complete and sign this claim on behalf of persons represented by them and their authority must accompany this claim and their titles or capacities must be stated. The Social Security (or taxpayer identification) number and telephone number of the beneficial owner may be used in verifying the claim. Failure to provide the foregoing information could delay verification of your claim or result in rejection of the claim.

C. IDENTIFICATION OF TRANSACTIONS

Use Part II of this form entitled “Schedule of Transactions in Homex ADRs” to supply all required details of your transaction(s) in Homex ADRs. If you need more space or additional schedules, attach separate sheets giving all of the required information in substantially the same form. Sign and print or type your name on each additional sheet.
On the schedules, provide all of the requested information with respect to: (i) all of your holdings of Homex ADRs as of the beginning of trading on April 30, 2012; (ii) all of your purchases, acquisitions, and sales of Homex ADRs during the time periods below; and (iii) all of your holdings in Homex ADRs as of the close of trading on May 5, 2016, whether such purchases, acquisitions, sales or transactions resulted in a profit or a loss. Failure to report all such transactions may result in the rejection of your claim.
The date of covering a “short sale” is deemed to be the date of purchase of Homex ADRs. The date of a “short sale” is deemed to be the date of sale.
Copies of broker confirmations or other documentation of your transactions in Homex ADRs must be attached to your claim. Failure to provide this documentation could delay verification of your claim or result in rejection of your claim. THE PARTIES DO NOT HAVE INFORMATION ABOUT YOUR TRANSACTIONS IN HOMEX ADRs.
NOTICE REGARDING ELECTRONIC FILES: Certain claimants with large numbers of transactions may request, or may be requested, to submit information regarding their transactions in electronic files. All claimants MUST submit a manually signed paper Claim Form whether or not they also submit electronic copies. If you wish to file your claim electronically, you must contact the Claims Administrator at Info@HomexSecuritiesLitigation.com to obtain the required file layout to obtain the required file layout. No electronic files will be considered to have been properly submitted unless the Claims Administrator issues to the claimant a written acknowledgment of receipt and acceptance of electronically submitted data.

PART I - CLAIMANT INFORMATION

The Claims Administrator will use this information for all communications regarding this Claim Form. If this information changes, you MUST notify the Claims Administrator in writing at the address above. Complete names of all persons and entities must be provided.

Beneficial Owner’s First Name *

Beneficial Owner’s Last Name *

Co-Beneficial Owner’s First Name

Co-Beneficial Owner’s Last Name

Entity Name (if claimant is not an individual)

Representative or Custodian Name (if different from Beneficial Owner(s) listed above)

Address1 (street name and number) *

Address2 (apartment, unit, or box number)

City *

State *

ZIP/Postal Code *

Foreign Country (only if not USA)

Social Security Number

Taxpayer Identification Number

Telephone Number (home)

Telephone Number (work)

Email Address *

Account Number (if filing for multiple accounts, file a separate Proof of Claim for each account) *

Claimant Account Type (check appropriate box):

Individual (includes joint owner accounts)

Pension Plan

Trust

Corporation

Estate

IRA/401K

Other

(please specify)

* Required Fields

PART II - SCHEDULE OF TRANSACTIONS IN HOMEX ADRs

You must upload the entire Part II – Schedule Of Transactions In Homex ADRs. This includes; Section 1 - holdings as of the opening of trading on April 30, 2012, Section 2 – purchases and acquisitions from April 30, 2012 through May 5, 2016, Section 3 – purchases and acquisitions from May 6, 2016 through August 3, 2016, Section 4 – Sales from April 30, 2012, through August 3, 2010 and Section 5 – Holdings as of August 3, 2016.

Click HERE to download a “Trading Transactions” form and fill in your trading information. You then must upload your completed Trading Transactions form as well as documentation to prove the trading information that you include on the form below.

Accepted file types are: PDF, TIF, JPG, GIF, PNG. Other file types will be rejected. Please confirm in the grid below that your file has been successfully uploaded.

Select File for Upload:

File Description:

File List: No Files Selected

PART III – SUBMISSION TO JURISDICTION OF COURT AND ACKNOWLEDGMENTS

YOU MUST READ AND SIGN THE RELEASE BELOW. FAILURE TO SIGN MAY RESULT IN A DELAY IN PROCESSING OR THE REJECTION OF YOUR CLAIM.

1. I (We) submit this Proof of Claim and Release under the terms of the Stipulation and Agreement of Settlement, dated May 5, 2020 (the “Stipulation”) described in the Notice. I (We) also submit to the jurisdiction of the United States District Court for the Eastern District of New York, with respect to my (our) claim as a Settlement Class Member and for purposes of enforcing the release set forth herein. I (We) further acknowledge that I am (we are) bound by and subject to the terms of any judgment that may be entered in the Action. I (We) agree to furnish additional information to the Claims Administrator to support this claim (including transactions in other Homex securities) if requested to do so. I (We) have not submitted any other claim in the Action covering the same purchases or sales of Homex ADRs during the Class Period and know of no other person having done so on my (our) behalf.

2. I (We) hereby acknowledge full and complete satisfaction of, and do hereby fully, finally, and forever settle, release, and discharge from the Released Claims each and all of the Released Parties, both as defined in the accompanying Notice. This release shall be of no force or effect unless and until the Court approves the Settlement and the Settlement becomes effective on the Effective Date (as defined in the Stipulation).

3. I (We) hereby warrant and represent that I (we) have not assigned or transferred or purported to assign or transfer, voluntarily or involuntarily, any matter released pursuant to this release or any other part or portion thereof.

4. I (We) hereby warrant and represent that I (we) have included the information requested about all of my (our) transactions in Homex ADRs which are the subject of this claim, as well as the opening and closing positions in such securities held by me (us) on the dates requested in this Claim Form.

5. I (We) certify that I am (we are) not subject to backup withholding under the provisions of Section 3406(a)(1)(C) of the Internal Revenue Code. (Note: If you have been notified by the Internal Revenue Service that you are subject to backup withholding, please strike out the prior sentence.)

I declare under penalty of perjury under the laws of the United States of America that all of the foregoing information supplied on this Claim Form by the undersigned is true and correct.

Signature *

Date

Submitted Claim ID:
Confirmation Code:
You will need the above Submitted Claim ID and Confirmation Code if you would like to edit your Claim at a later time, so please print this page for your records.
CLAIM INFORMATION
First Name
Middle Initial
Last Name
Entity Name
Street Address
Street Address 2
City
State
Zip Code
Country
Email Address
Phone Number (Home)
Phone Number (Work)

Submitted Claim ID:
Confirmation Code:
CLAIM INFORMATION
First Name
Middle Initial
Last Name
Entity Name
Street Address
Street Address 2
City
State
Zip Code
Country
Email Address
Phone Number (Home)
Phone Number (Work)

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

A. GENERAL INSTRUCTIONS

B. CLAIMANT IDENTIFICATION

C. IDENTIFICATION OF TRANSACTIONS

Your Claim Form has been submitted successfully.