Frequently Asked Questions

  1. Why did I get the Notice?

    You or someone in your family may have purchased or otherwise acquired shares of 3D Systems common stock during the period from October 29, 2013, through and including May 5, 2015, inclusive, and been damaged thereby.

    The Court directed that the Notice be sent to Class Members because they have a right to know about a proposed settlement of a class action lawsuit, and about all of their options, before the Court decides whether to approve the Settlement. If the Court approves the Settlement, and after any objections and appeals are resolved, an administrator appointed by the Court will make the payments that the Settlement allows.

    The Notice explains the lawsuit, the Settlement, Class Members’ legal rights, what benefits are available, who is eligible for them, and how to get them.

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  2. Why is this a class action?

    In a class action, one or more people called lead plaintiff (in this case KBC Asset Management NV) sue on behalf of people and entities who have similar claims. All these people and entities are a class or class members. Bringing a case, such as this one, as a class action allows adjudication of many similar claims of persons and entities that might be economically too small to bring in individual actions. One court resolves the issues for all class members, except for those who exclude themselves from the class.

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  3. Why is there a Settlement?

    The Court did not finally decide in favor of Lead Plaintiff or Defendants. Instead, both sides, with the assistance of retired United States District Judge Layn R. Phillips acting as a mediator, agreed to a settlement. That way, they avoid the risks and cost of a trial. The Lead Plaintiff and its attorneys think the Settlement is in the best interest of the Class.

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  4. How do I know if I am part of the Class? Are there exceptions to being included in the Class?

    The Court directed, for the purposes of the proposed Settlement, that everyone who fits this description is a Class Member: All persons and entities that purchased, or otherwise acquired shares of 3D Systems common stock during the period from October 29, 2013, through and including May 5, 2015, and been damaged thereby.

    There are some individuals and entities that are excluded from the Class by definition. Excluded from the Class are: 3D Systems; the Individual Defendants; members of the Immediate Family of each of the Individual Defendants; the Officers and Directors of 3D Systems during the Class Period; the heirs, successors, and assigns of any excluded person or entity; and any entity in which any excluded person has or had a controlling interest. Also excluded from the Class is any Class Member who timely and validly excludes themselves therefrom by submitting a request for exclusion in accordance with the requirements explained in the Notice.

    If one of your mutual funds purchased shares of 3D Systems common stock during the Class Period, that alone does not make you a Class Member. You are a Class Member only if you directly purchased or otherwise acquired shares of 3D Systems common stock during the Class Period. If you sold 3D Systems common stock during the Class Period, that alone does not make you a Class Member. You are a Class Member only if you purchased or otherwise acquired your shares during the Class Period. Check your investment records or contact your broker to see if you purchased or otherwise 3D Systems common stock during the Class Period.

    If you are still not sure whether you are included, you can ask for free help. You can call 1-877-553-7003 for more information, for more information. Or, you can fill out and return the Proof of Claim, to see if you qualify.

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  5. What does the Settlement provide?

    The Settlement provides that, in exchange for the release of the Released Claims and dismissal of the Litigation, Defendants have agreed to pay (or cause to be paid) $50 million in cash to be distributed after taxes, fees, and expenses, pro rata, to Class Members who send in or submit a valid Proof of Claim pursuant to the Court-approved Plan of Allocation. The Plan of Allocation is described in more detail on pages 10-15 of the Notice.

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  6. How much will my payment be?

    At this time, it is not possible to make any determination as to how much any individual Class Member may receive from the Settlement. Your share of the Settlement Amount will depend on several things, including the total amount of claims represented by the valid Proofs of Claim that Class Members send in compared to the amount of your Recognized Loss Amount, all as calculated under the Plan of Allocation explained in the Notice.

    By following the instructions in the Plan of Allocation, located in the Notice, you can calculate what is called your Recognized Loss Amount. It is unlikely that you will get a payment for all of your Recognized Loss Amount. After all Class Members have sent in their Proofs Claim, the payment you get will be a part of the Settlement Amount equal to your Recognized Loss Amount divided by the total of everyone’s Recognized Loss Amount.

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  7. How can I get a payment?

    To be eligible for a payment, you must submit a timely and valid Proof of Claim. The Proof of Claim is enclosed within the Notice. You can also download a copy of the Proof of Claim from this website here.

    Read the instructions carefully, fill out the Proof of Claim, and include all the documents the form asks for, sign it, and mail it to the mailing address below or submit it online here. Claim Forms must be postmarked or received online on or before July 11, 2018.

    Mailing address for Proof of Claim:

    3D Systems Securities Settlement
    Claims Administrator
    P.O. Box 3170
    Portland, OR 97208-3170

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  8. When will I receive payment?

    It is not possible at this time to determine when the Settlement Amount will be distributed to eligible Class Members. The Court will hold a Settlement Hearing on June 25, 2018 to decide whether to approve the Settlement. If the Court approves the Settlement, there might be appeals. It is always uncertain whether appeals can be resolved, and if so, how long it would take to resolve them. It also takes time for all the Proofs of Claim to be processed. All Proofs of Claim need to be submitted by July 11, 2018. Once all the Proofs of Claim are processed and claims are calculated, Lead Counsel, without further notice to the Class, will apply to the Court for an order distributing the Settlement Amount to Class Members. Please be patient.

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  9. What am I giving up to get a payment and by staying in the Settlement Class?

    Unless you exclude yourself, you will stay in the Class, which means that upon the “Effective Date” you will release all “Released Claims” against the “Released Persons”. For additional information and a definition of these terms, please review Q&A 10 of the Notice.

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  10. How do I “opt out” (exclude myself) from the Settlement Class?

    To exclude yourself from the Class and the Settlement, you must send a letter by First-Class Mail stating that you “request exclusion from the Class in the 3D Systems Securities Settlement.” You cannot exclude yourself by telephone or email. Your letter must include your purchases, acquisitions, and sales of 3D Systems common stock during the Class Period, including the dates, the number of shares of 3D Systems common stock purchased, acquired or sold and price paid or received for each such purchase, acquisition or sale. In addition, you must include your name, address, telephone number, and your signature. You must submit your exclusion request so that it is postmarked no later than May 29, 2018 to:

    3D Systems Securities Settlement
    Claims Administrator
    Exclusions
    P.O. Box 3170
    Portland, OR 97208-3170

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  11. If I do not exclude myself, can I sue Defendants or the other Released Defendant Parties for the same thing later?

    No. Unless you exclude yourself, you give up any rights you may potentially have to sue the Defendants and the other Released Persons for any and all Released Claims (regardless of whether or not you submit a Proof of Claim). If you have a pending lawsuit against the Released Persons, speak to your lawyer in that case immediately. You must exclude yourself from the Class in this Litigation to continue your own lawsuit. Remember, the exclusion deadline is May 29, 2018.

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  12. If I exclude myself, can I get money from the proposed Settlement?

    No. If you exclude yourself, you may not submit a Proof of Claim to ask for any money. But, if you do exclude yourself, you may have the right to potentially sue or be part of a different lawsuit against the Defendants and the other Released Persons.

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  13. Do I have a lawyer in this case?

    The Court ordered that the law firms of Robbins Geller Rudman & Dowd LLP and Motley Rice LLC represent the Class Members, including you. These lawyers are called Lead Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  14. How will the lawyers be paid?

    Lead Counsel will apply to the Court for an award of attorneys’ fees not to exceed thirty percent (30%) of the Settlement Amount and for expenses and costs in an amount not to exceed $600,000 in connection with the Litigation, plus interest on such fees and expenses at the same rate as earned by the Settlement Fund. Such sums as may be approved by the Court will be paid from the Settlement Fund.

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  15. How do I tell the Court that I do not like something about the Settlement?

    If you are a Class Member, and do not otherwise exclude yourself from the Class, you can comment on or object to the proposed Settlement, the proposed Plan of Allocation, Lead Counsel’s fee and expense application and/or Lead Plaintiff’s time and expense request. You can write to the Court setting out your comment or objection. The Court will consider your views.

    To comment or object, you must send a signed letter saying that you wish to comment on or object to the proposed Settlement, Plan of Allocation and/or fee and expense application in the 3D Systems Securities Settlement. Include your name, mailing address, daytime telephone number, e-mail address and your signature, state the number of shares of 3D Systems common stock owned as of the beginning of trading on October 29, 2013 (the first day of the Class Period), identify the date(s), price(s) and number(s) of shares of 3D Systems common stock you purchased, acquired and sold during the Class Period and state your comments or the reasons why you object to the proposed Settlement, Plan of Allocation and/or fee and expense application, including any legal support for such objection. You must also include copies of documents demonstrating such purchase(s), acquisition(s) and/or sale(s). Your comments or objection must be filed with the Court and mailed or delivered to each of the following addresses such that it is received no later than May 29, 2018:

    Court Lead Counsel Defendants’ Counsel
    Clerk of the Court
    United States District Court
    District Of South Carolina
    Matthew J. Perry, Jr. Courthouse
    901 Richland Street
    Columbia, SC 29201
    Robbins Geller
    Rudman & Dowd LLP
    Ellen Gusikoff Stewart
    655 West Broadway
    Suite 1900
    San Diego, CA 92101

    Motley Rice LLC
    Joshua Littlejohn
    28 Bridgeside Boulevard
    Mt. Pleasant, SC 29464
    Alston & Bird
    John Jordak
    1201 West Peachtree Street
    Suite 4900
    Atlanta, GA 30309

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  16. What is the difference between objecting and seeking exclusion?

    Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Class.

    Excluding yourself is telling the Court that you do not want to be paid and do not want to release any claims you think you may have against Defendants and their Related Parties. If you exclude yourself, you cannot object to the Settlement because it does not affect you.

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  17. When and where will the Court decide whether to approve the proposed Settlement?

    The Court will hold a Settlement Hearing at 11:00 a.m., on Monday, June 25, 2018, at the United States District Court for the District of South Carolina, Matthew J. Perry, Jr. Courthouse, 901 Richland Street, Columbia, SC 29201.

    At the hearing, the Court will consider whether the Settlement and the Plan of Allocation are fair, reasonable and adequate. If there are objections, the Court will consider them, even if you do not ask to speak at the hearing. The Court will listen to people who have asked to speak at the hearing. The Court may also issue a ruling on Lead Counsel’s application for attorneys’ fees and expenses. After the Settlement Hearing, the Court will decide whether to approve the Settlement and the Plan of Allocation.

    We do not know how long these decisions will take. You should be aware that the Court may change the date and time of the Settlement Hearing without another notice being sent to Class Members. If you want to attend the hearing, you should check with Lead Counsel or this Settlement website to be sure that the date and/or time has not changed.

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  18. Do I have to come to the Settlement Hearing?

    No. Lead Counsel will answer questions the Court may have. But, you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but that is not necessary. Class Members do not need to appear at the hearing or take any other action to indicate their approval.

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  19. May I speak at the Settlement Hearing?

    If you object to the Settlement, the Plan of Allocation, or the fee and expense application, you may ask the Court for permission to speak at the Settlement Hearing. To do so, you must include with your objection a statement saying that it is your “Notice of Intention to Appear in the 3D Systems Securities Settlement". Persons who intend to object to the Settlement, the Plan of Allocation and/or any attorneys’ fees and expenses to be awarded to Lead Counsel (including any reimbursement to Lead Plaintiff for its time and expenses representing the Class) and desire to present evidence at the Settlement Hearing must include in their written objections the identity of any witnesses they may call to testify and copies of any exhibits they intend to introduce into evidence at the Settlement Hearing. Your notice of intention to appear must be filed with the Court and mailed or delivered to all of the following counsel on or before May 29, 2018:

    Court Lead Counsel Defendants’ Counsel
    Clerk of the Court
    United States District Court
    District Of South Carolina
    Matthew J. Perry, Jr. Courthouse
    901 Richland Street
    Columbia, SC 29201
    Robbins Geller
    Rudman & Dowd LLP
    Ellen Gusikoff Stewart
    655 West Broadway
    Suite 1900
    San Diego, CA 92101

    Motley Rice LLC
    Joshua Littlejohn
    28 Bridgeside Boulevard
    Mt. Pleasant, SC 29464
    Alston & Bird
    John Jordak
    1201 West Peachtree Street
    Suite 4900
    Atlanta, GA 30309

    Any person who fails to comply with the requirements for objecting to the Settlement will be deemed to have waived all such objections and will be foreclosed from raising any objection to the proposed Settlement or to any part thereof.

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  20. What happens if I do nothing at all?

    If you do nothing, you will not receive any money from this Settlement. In addition, unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants and their Related Parties about the Released Claims in this case, ever again.

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  21. How will my claim be calculated?

    The $50,000,000 Settlement Amount, minus all taxes, approved costs, fees and expenses (the Net Settlement Fund), will be distributed according to the Plan of Allocation (described in the Notice) to members of the Class who timely submit valid Proof of Claim that show a Recognized Loss Amount that is approved for payment by the Court (“Authorized Claimants”). Class Members who do not timely submit valid Proof of Claim will not share in the Net Settlement Fund, but will otherwise be bound by the terms of the Settlement and what happens in the Litigation. The Court may approve the Plan of Allocation or modify it without additional notice to the Class.

    The Plan of Allocation is on pages 10-15 of the Notice, found here.

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Important Dates

  • October 29, 2013 - May 5, 2015 (Inclusive)
    Class Period
  • May 29, 2018
    Deadline to Exclude Yourself from the Class
  • May 29, 2018
    Deadline to Object to the Settlement
  • July 11, 2018
    Deadline to Submit a Proof of Claim
  • June 25, 2018 at 11:00 a.m.
    Settlement Hearing