What is the likely timeline for resolution of the lawsuit (e.g., settlement, dismissal, trial)?

Answer

The press release you quoted does not give a specific schedule for the Capricor Therapeutics (NASDAQ: CAPR) securities‑fraud class action, so we have to rely on how such cases normally progress in the U.S. federal courts. Below is a step‑by‑step outline of the typical timeline for a securities‑fraud class action, together with the range of time‑frames you can realistically expect for each stage.

1. Complaint Filing → Initial Pleadings (0–2 months)

• What happens: The plaintiff (or the class‑representative) files the complaint and the defendants (Capricor and its affiliates) receive a summons.
  
• Typical duration: The filing itself is immediate; the court usually issues a docket entry within a few days. The defendants then have 30 days (sometimes extended to 45 days) to file an answer or a motion to dismiss.

2. Early Motions & Preliminary Disclosures (1–3 months)

• What happens: The defendant may move to dismiss the case on legal grounds (e.g., lack of standing, failure to allege fraud). The plaintiff may file a “motion for leave to amend” if the complaint needs more detail.
  
• Typical duration: Courts often rule on a motion to dismiss within 45–60 days after the motion is filed. If the motion is denied, the case proceeds to the next stage.

3. Class‑Certification Process (3–9 months)

• What happens: The plaintiff must prove that the case meets the Rule 23 requirements (numerosity, commonality, typicality, adequacy of representation, etc.). This is usually done via a “Rule 23(a)” motion, followed by a Rule 23(b)(1) or (b)(2) certification hearing.
  
• Typical duration:
  
  • Rule 23(a) certification – 2–4 months from filing to court’s decision.
    
  • Rule 23(b) certification – if the plaintiff seeks a “substantial‑likelihood” settlement, the court may take an additional 3–5 months to evaluate the adequacy of the settlement plan and the fairness hearing.

4. Discovery (6–12 months total)

• What happens: Both sides exchange documents, take depositions of key executives, and request interrogatories. In securities‑fraud cases, discovery often focuses on internal communications, research reports, and trading data.
  
• Typical duration: 6–12 months is common, though the parties can agree to a shorter schedule if the case is relatively straightforward. Courts may set “discovery cut‑offs” to keep the case moving toward resolution.

5. Settlement Negotiations (2–12 months)

• What happens: After discovery, the parties usually have a clearer picture of the strengths and weaknesses of the case, which opens the door to settlement talks.
  
• Typical duration:
  
  • Early settlement – if the evidence of fraud is strong, a settlement can be reached within 2–4 months after discovery ends.
    
  • Prolonged negotiations – if the parties are at odds, negotiations can stretch 8–12 months (or longer) and may involve mediation or a “court‑appointed neutral”.

6. Pre‑Trial Motions & Trial Preparation (2–4 months)

• What happens: Either side may file motions for summary judgment, motions to exclude evidence, or motions for a “bifurcated” trial (i.e., liability first, damages second).
  
• Typical duration: Courts usually rule on these motions within 30–60 days after briefing. If the case survives these motions, the parties will set a trial date.

7. Trial (1–3 months)

• What happens: Securities‑fraud class actions are bench‑trials (i.e., decided by a judge) in most districts, though a jury trial is possible if requested.
  
• Typical duration:
  
  • Bench trial – often 2–4 weeks of testimony and deliberation.
    
  • Jury trial – can extend to 6–8 weeks or longer, depending on the number of witnesses and the complexity of the financial evidence.

8. Post‑Trial Motions & Appeal (3–12 months)

• What happens: The losing side may file a “motion for a new trial,” a “motion for judgment as a matter of law,” or an appeal of the judgment.
  
• Typical duration:
  
  • Post‑trial motions – usually decided within 30 days.
    
  • Appeal – a district‑court decision can be appealed to the U.S. Court of Appeals; the appellate process typically takes 6–12 months (or longer if the appellate court’s docket is heavy).

Putting It All Together – A “Rule‑of‑Thumb” Timeline for the CAPR Case

Total expected duration: 12 to 36 months (roughly 1 to 3 years) from filing to final resolution, assuming the case proceeds without extraordinary delays.

Factors That Can Accelerate or Extend the Timeline

What This Means for Investors Right Now

1. Contact the Firm Promptly – The Kirby McInerney LLP notice urges investors to email [email protected] or use the provided contact form. Early contact helps you:

   • Preserve your right to opt‑in to the class (if/when it’s certified).
     
   • Receive updates on key dates (e.g., certification hearings, settlement‑offer windows).
     

2. Expect Updates at the “Milestone” Points – Most class‑action counsel will send a brief notice when:

   • The class‑certification is granted (or denied).
     
   • The discovery cut‑off is set.
     
   • Settlement‑offer periods open.
     

3. Plan for a 12‑Month Minimum “Active” Period – Even if the case settles quickly, you’ll likely be involved in at least the first year (filing, answer, class‑cert, discovery).

4. Stay Alert for “Settlement‑Offer” Deadlines – If a settlement is reached, the court will issue a “notice of settlement” that includes a “claims‑submission deadline.” Those deadlines are often 30–45 days after the notice is posted, so you’ll need to act promptly to receive any potential payout.

Bottom Line

• No explicit timeline is disclosed in the press release.
  
• Based on typical securities‑fraud class actions, you can expect a **12‑to‑36 month window from filing to final resolution** (settlement, dismissal, or trial).
  
• The fastest realistic outcome—a settlement reached shortly after discovery—could be about 12–15 months.
  
• If the case proceeds to trial and possibly appeal, the timeline can stretch to 2–3 years (or longer if there are procedural complexities).

Action for you: Reach out to Kirby McInerney LLP now (as the notice urges) to register your interest, receive case‑specific updates, and ensure you’re positioned to claim any potential settlement benefits when—if and when—those milestones are reached.