Golden Nugget Online Gaming Inc. Stockholders Litigation

This official website is maintained by the Settlement Administrator under the supervision of Lead Counsel for the members of the Class in the Action entitled In Re Golden Nugget Online Gaming Inc. Stockholders Litigation, C.A. No. 2022-0797-JTL pending in the Court of Chancery of the State of Delaware.


The information contained on this website is only a summary of the information presented in more detail in the Notice of Pendency and Proposed Settlement of Stockholder Class Action Settlement Hearing, and Right to Appear (the “Notice”), which you can access here. Because this website is just a summary, you should review the Notice for additional details.

This website relates to a stockholder class action (the “Action”) pending in the Court of Chancery of the State of Delaware (the “Court”), please be advised that if you held shares of common stock of Golden Nugget Online Gaming, Inc. (“GNOG” or the “Company”) as of May 5, 2022, the date of the acquisition of GNOG by DraftKings Inc. (“DraftKings”), your rights will be affected by the Action.

Please also be advised that Steven Eschbach (“Eschbach”) and Anthony Franchi (“Franchi,” and with Eschbach, “Lead Plaintiffs”), and their counsel Block & Leviton LLP, Friedman Oster & Tejtel PLLC, Labaton Keller Sucharow LLP, Andrews & Springer LLC, Grant & Eisenhofer P.A., and Julie & Holleman LLP (collectively, “Class Counsel”), on behalf of Lead Plaintiffs and the Class, have reached a proposed settlement of the Action for $22,000,000 in cash (the “Settlement”).If you are a member of the Class, you are subject to the Settlement. The Class certified by the Court consists of:

All record and beneficial holders of GNOG who received 0.365 shares of New DraftKings Class A common stock for each GNOG share they owned, excluding all Defendants and all Company directors and officers at the time the Transaction closed.


PLEASE NOTE: The Class was certified as a non-opt-out class pursuant to Delaware Court of Chancery Rules 23(a), 23(b)(1), and 23(b)(2). Accordingly, Class Members do not have the right to exclude themselves from the Class.

Please Note: If you are eligible to receive a payment from the Net Settlement Fund (defined in the Notice), you do not have to submit a claim form or take any other action in order to receive your payment.

Please be patient. If the Settlement is approved by the Court, it will take some time to conduct the Settlement distribution.

PLEASE READ THE NOTICE CAREFULLY AND IN ITS ENTIRETY. The Notice explains how Class Members will be affected by the Settlement. The following table provides a brief summary of the rights you have as a Class Member and the relevant deadlines, which are described in more detail in the Notice.


CLASS MEMBERS’ LEGAL RIGHTS IN THE SETTLEMENT:
YOU DO NOT NEED TO SUBMIT A CLAIM FORM. If you are an Eligible Class Member (defined in paragraph 36 of the Notice), you are eligible to receive a pro rata distribution from the Settlement proceeds. Eligible Class Members do not need to submit a claim form in order to receive a distribution from the Settlement, if approved by the Court. Your distribution from the Settlement will be paid to you directly. See paragraph 35-41 of the Notice for further discussion.
YOU MAY OBJECT TO THE SETTLEMENT BY SUBMITTING A WRITTEN OBJECTION SO THAT IT IS RECEIVED  NO LATER THAN JUNE 24, 2024. You have the right, if you do not like the proposed Settlement or Class Counsel’s request for attorneys’ fees, reimbursement of litigation expenses, or any incentive award to any Lead Plaintiff, to write to the Court and explain why you do not like it/them.
YOU MAY GO TO A HEARING ON JULY 09, 2024 AT 11:00 A.M., AND FILE A NOTICE OF INTENTION TO APPEAR SO THAT IT IS RECEIVED  NO LATER THAN JUNE 24, 2024. Filing a written objection and notice of intention to appear that is received by June 24, 2024, allows you to speak in Court, at the discretion of the Court, about your objection. You may, but you do not have to, attend the hearing. The Court will consider the objection whether or not you attend.