This website provides general information regarding the proposed settlement (“Settlement”) of the securities class action known as Brian Joe Courter, et al. v. CytoDyn Inc., et al., Case No. 3:21-cv05190-BHS (W.D. Wash.) (“Action”). More information about the Action and the Settlement can be found in the detailed Notice of (I) Pendency of Class Action and Proposed Settlement; (II) Settlement Hearing; and (III) Motion for Attorneys’ Fees and Litigation Expenses (“Notice”). The Court in charge of the Action is the United States District Court for the Western District of Washington (“Court”). The Court preliminarily approved the Settlement by Order dated June 18, 2026. A final hearing will take place on November 2, 2026.
Please be advised that your rights will be affected by the Action if you are a member of the following class (“Settlement Class”):
All persons and entities that purchased or otherwise acquired the common stock of CytoDyn Inc. (“CytoDyn”), between March 27, 2020 and March 30, 2022 (“Class Period”), and were damaged thereby.
Excluded from the Settlement Class are: Defendants, members of Defendants’ immediate families (as defined in 17 C.F.R. § 229.404, Instructions (1)(a)(iii) and (1)(b)(ii)), any person, firm, trust, corporation, officer, director, or other individual or entity in which any Defendant has a controlling interest, or which is related to or affiliated with any of the Defendants, and the legal representatives, agents, affiliates, heirs, successors-in-interest, or assigns of any such excluded party. Also excluded from the Settlement Class are any persons and entities who or which submit a request for exclusion from the Settlement Class that is accepted by the Court.
Please also be advised that the Court-appointed Lead Plaintiff Brian Joe Courter and Courter and Sons LLC (“Lead Plaintiff”), on behalf of itself and the Settlement Class, has reached the proposed Settlement which will provide consideration of: (i) 49 million shares of CytoDyn common stock and (ii) $500,000 in cash with defendants CytoDyn, Nader Z. Pourhassan, Michael Mulholland, and Scott A. Kelly (collectively, “Defendants”). If approved by the Court, the Settlement will resolve the Action, including Lead Plaintiff’s allegations that Defendants’ public disclosures during the Class Period misrepresented or omitted material facts regarding CytoDyn’s drug leronlimab and its prospects for approval by the U.S. Food and Drug Administration for various applications, in violation of federal securities laws, and injured CytoDyn investors.
If you are a Settlement Class Member, your legal rights will be affected whether you act or do not act. Please read the Notice carefully to fully understand your rights and options.
If you are a Settlement Class Member and wish to be eligible for a distribution from the Settlement, you are required to submit a Claim Form and the required supporting documentation as set forth therein postmarked (or online via this website) no later than September 21, 2026.
Distributions to eligible claimants will be made after the Court approves the Settlement and the completion of all claims processing. Please be patient, as this process will take time to complete.
| SUBMIT A CLAIM FORM POSTMARKED (IF MAILED), OR ONLINE, NO LATER THAN SEPTEMBER 21, 2026. | This is the only way to be eligible to receive a distribution from the Settlement. If you are a Settlement Class Member, you will be bound by the Settlement as approved by the Court and you will give up any Released Plaintiffs’ Claims (defined in ¶ 29 in the Notice) that you have against Defendants and the other Defendants’ Releasees (defined in ¶ 30 in the Notice), so it is in your interest to submit a Claim Form. | |
| EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS BY SUBMITTING A WRITTEN REQUEST FOR EXCLUSION SO THAT IT IS RECEIVED NO LATER THAN OCTOBER 12, 2026. | Get no distribution from the Settlement. This is the only option that may allow you to ever bring or be part of any other lawsuit against Defendants or the other Defendants’ Releasees about the claims being released by the Settlement (see ¶¶ 48-49 in the Notice). | |
| OBJECT TO THE SETTLEMENT BY SUBMITTING A WRITTEN OBJECTION SO THAT IT IS RECEIVED NO LATER THAN OCTOBER 12, 2026. | If you do not like the proposed Settlement, the proposed Plan of Allocation, and/or Lead Counsel’s request for attorneys’ fees and Litigation Expenses, you may object by writing to the Court (see ¶¶ 55-58 in the Notice). In order to object, you must be a member of the Settlement Class. | |
| GO TO A HEARING ON NOVEMBER 2, 2026 AT 1:30 P.M., AND FILE A NOTICE OF INTENTION TO APPEAR SO THAT IT IS RECEIVED NO LATER THAN OCTOBER 12, 2026. | Ask to speak in Court at the Settlement Hearing, at the discretion of the Court, about the proposed Settlement, the proposed Plan of Allocation, and/or Lead Counsel’s request for attorneys’ fees and Litigation Expenses (see ¶¶ 59-60 in the Notice). | |
| DO NOTHING. | Get no distribution from the Settlement. You will, however, remain a member of the Settlement Class, which means that you give up any right you may have to sue about the claims that are being resolved by the Settlement and you will be bound by any judgments or orders entered by the Court in the Action. |