Overview

Case Number: CV-24-00731863-00CP

Practice Area: Canada

Case Status: Pending Case Scheduling Order

Court: Ontario Superior Court of Justice

Ticker Symbol: NASDAQ Global Select Market: SMCI; CBOE Canada (trading books NEO D, L, and N) and Nasdaq Canada (trading books CX, CX2 and CXD).

CUSIP: 86805G100
ISIN: CA86805E1051

By Order dated December 8, 2025 the Ontario Superior Court of Justice has approved the discontinuance of the class proceeding in 1000099729 Ontario Ltd. v. Super Micro Computer, Inc. CV-24-00731863-00CP. The action was in the early stages, with the Defendant bringing a motion to dismiss the claim on the basis that the Ontario Court did not have jurisdiction, which was not heard.

The discontinuance is effective as of December 8, 2025. This action has not been certified as a class proceeding. The effect of the discontinuance is that this uncertified lawsuit is concluded: they will not proceed to certification motions or trial, and there will be no judgment or settlement in favour of the class. Limitation periods, which were suspended in favour of members of the proposed class in each action, by virtue of s. 28(1) of the Class Proceedings Act, will commence running again from December 8, 2025. Members of the proposed classes still wishing to pursue other forms of legal proceedings concerning the allegations in these lawsuits should seek legal advice as soon as possible.

Other class proceedings related to Super Micro Computer, Inc. are ongoing, and you may be a Class Member in one or more of those actions.

Berger Montague (Canada) PC is an international shareholders’ rights law firm with experienced lawyers focused on litigating investors’ rights across Canada and the United States of America with an office in Toronto, Ontario. We have been retained by investors and proposed classes (groups) of investors who acquired Super Micro Computer, Inc. (“SMCI”) securities between (A): August 8, 2023 and October 29, 2024 and (B) April 16, 2024 and October 29, 2024, and who held all or some of those securities until after the release of at least one of the Public Corrective Disclosures.

This shareholder class action alleges that SMCI published material fact news that its business operations and financials were being reported in accordance with the standards of the Public Company Accounting Oversight Board (United States) (PCAOB), and that the Company’s internal control over financial reporting as of June 30, 2023 was based on criteria established in Internal Control — Integrated Framework (2013) issued by the Committee of Sponsoring Organizations of the Treadway Commission and negligently reported that its financial statements, MD&As, and news releases published during the Class Period were accurate when, in fact, they were not.

On August 27, 2024, a third-party report was released to the market highlighting SMCI’s accounting irregularities. Said report provided examples of undisclosed related party transactions and of exporting products to Russia in contravention of both U.S. export restrictions and statements made to the markets. On October 30, 2024, SMCI released a statement that Ernst & Young had abruptly resigned as the company’s auditor and that Ernst & Young had  refused to provide an audit opinion for SMCI’s F/2024 financial statements. When the truth came out, SMCI investors lost substantial amounts of money as the share price sharply declined.

If you have questions about this shareholder class action, please contact us at (647) 576-7840, or by email at Canadainfo@bergermontague.com.

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