Item 8.01 Other Events.
Dismissal of Derivative Cases
As previously disclosed in public filings made by Ampio Pharmaceuticals, Inc. (the “Company”), including most recently in the Quarterly Report on Form 10-Q for the period ended June 30, 2020, on September 10, 2018, a purported stockholder of the Company brought a derivative action in the United States District Court for the Central District of California (the “California Court”), captioned Cetrone v. Macaluso, et al., Case No. 18-cv-07855 (the “Cetrone Action”), alleging primarily that the directors and officers of Ampio breached their fiduciary duties in connection with alleged misstatements and omissions regarding the AP-003 Phase III clinical trial of Ampion.
On October 5, 2018, a purported stockholder of the Company brought a derivative action in the United States District Court for the District of Colorado (the “Colorado Court”), Theise v. Macaluso, et al., Case No. 18-cv-02558 (the “Theise Action”), which closely paralleled the allegations in the Cetrone Action. A second derivative action was filed in the United States District Court for the District of Colorado and was consolidated with the Theise Action under the caption In re: Ampio Pharmaceuticals Inc. Stockholder Derivative Actions, Case No. 18-cv-02558.
On August 28, 2020, the California Court dismissed the Cetrone Action in its entirety and without prejudice, pursuant to a Stipulation of Dismissal between the parties. On August 31, 2020, the Colorado Court similarly dismissed the Theise Action in its entirety and without prejudice, pursuant to a Stipulation of Dismissal.
All Actions Dismissed
As previously disclosed in the Company’s Quarterly Report on Form 10-Q for the period ended June 30, 2020, on June 19, 2020, the Court granted the Company’s motion to dismiss and dismissed the putative class action lawsuit brought by a purported stockholder of the Company on August 25, 2018 in the United States District Court for the Central District of California, captioned Shi v. Ampio Pharmaceuticals, Inc., et al., Case No. 18-cv-07476 (the “Securities Class Action”). Plaintiff did not file a notice of appeal, and the case is now concluded.
As of August 31, 2020, each of the Securities Class Action, the Cetrone Action and the Theise Action have been dismissed. As of the date hereof, the Company is not a party to any ongoing lawsuits.