Beazer Homes USA, Inc. - Securities Class Action

Company and Case Information

IMPORTANT INFORMATION | INDEX OF FILINGS | SEARCH

Home

Index of Filings

News and Press Releases

Filings

Decisions

Settlements

Litigation Activity Indices

Top Ten List

Annual/Quarterly Updates

Clearinghouse Research

Articles & Papers

Search

Related Sites

About Us

Local Rules

Sponsors

Register

_______________
Copyright (c) 2001
Stanford Law School

Beazer Homes USA, Inc. Summary: The original complaint charges Beazer and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Beazer designs, sells and builds primarily single-family homes in various locations within the United States and provides mortgage origination and title insurance services to its homebuyers.

Specifically, the complaint alleges that during the Class Period defendants issued false and misleading statements regarding the Company's business and prospects and failed to disclose to the investing public the following adverse facts: (a) the Company lacked requisite internal controls over its lending practices, which, as a result of its improper lending practices prior to and during the Class Period, would lead to numerous foreclosures and other problems; (b) the Company's business was growing in large part due to its improper lending practices to low-income borrowers; (c) many of the Company's buyers would not be able to pay their loans after the first two years, which would lead to decreased sales and earnings and numerous foreclosures; and (d) given the increased volatility in the lending market, the Company had no reasonable basis to make projections about its 2007 results and as a result, the Company's 2007 projections issued during the Class Period were at a minimum reckless. As a result of defendants' false statements, Beazer stock traded at artificially inflated prices during the Class Period, reaching a high of $48 per share in December 2006, and the Company's CEO and CFO were able to sell over $9.7 million worth of their Beazer stock.

The complaint further alleges that on March 18, 2007, The Charlotte Observer reported that federal housing officials were reviewing whether Beazer complied with federal rules in arranging government-insured loans for buyers in its subdivisions. On March 21, 2007, Beazer announced the resignation of its CFO. Then, on March 27, 2007, after the market closed, the Company issued a press release responding to media reports and inquiries into the possibility of a federal investigation of the Company in connection with alleged mortgage fraud. On this news, Beazer's stock fell $2.64 per share to close at $28.77 per share on March 28, 2007, a one-day decline of 9% and a 40% decline from its Class Period high of $48 per share.

On August 8, 2007, the Court entered the Order signed by Judge Clarence Cooper granting the motion for consolidation, appointment as lead plaintiff and approval of lead plaintiff's selection of co-lead counsel. According to the Order, several actions were consolidated under "In re Beazer Homes USA, Inc. Securities Litigation,” File No. 1 :07-CV-725-CC. Further, Glickenhaus & Co. is appointed lead plaintiff and Chitwood Harley Harnes, LLP, Milberg Weiss LLP, and Bernstein Liebhard & Lifshitz, LLP is appointed co-lead counsel.

On June 27, 2008, the plaintiffs filed an Amended and Consolidated Class Action Complaint. On November 3, 2008, the defendants filed several motions to dismiss the Amended and Consolidated Complaint. Before any ruling on the motions, the lead plaintiffs filed a motion for settlement on May 5, 2009. According the Stipulation of Settlement, the proposed settlement is in the amount of $30,500,000 and settles claims with the Beazer Homes USA, Inc., the individual defendants and Deloitte & Touche LLP.

On May 12, 2009, Judge Cooper preliminarily approved the settlement. On July 15, 2009, the plaintiffs filed a motion for final approval of settlement and motion for attorney's fees and expenses. On September 15, 2009, Judge Cooper signed the Order and Final Judgment approving the settlement and approving the motion for attorney's fees and expenses.

INDUSTRY CLASSIFICATION:
SIC Code: 1531
Sector: Capital Goods
Industry: Construction Services

COMPANY/ISSUER NAME:	Beazer Homes USA, Inc.
COMPANY/ISSUER TICKER:	BZH
COMPANY WEBSITE:	http://www.beazer.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE

Eugene Kratz, et al. v. Beazer Homes USA, Inc., et al.

COURT: N.D. Georgia	DOCKET NUMBER: 07-CV-00725
JUDGE NAME: Hon. Clarence Cooper
DATE FILED: 03/29/2007	SOURCE: Notice of Filing
CLASS PERIOD START: 07/27/2006	CLASS PERIOD END: 03/27/2007
TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
PLAINTIFF FIRMS NAMED IN COMPLAINT:
Holzer & Holzer, LLC 1117 Perimeter Center West, Suite E-107, Atlanta, GA, 30338 (voice) 770.392.0090, (fax) 770.392-0029, mfistel@holzerlaw.com Lerach Coughlin Stoia Geller Rudman & Robbins LLP (Boca Raton) 197 South Federal Highway, Suite 200, Boca Raton, FL, 33432 (voice) 561.750.3000, (fax) 56.750.3364, info@lerachlaw.com Lerach Coughlin Stoia Geller Rudman & Robbins LLP (San Diego) 655 West Broadway, Suite 1900, San Diego, CA, 92101 (voice) 619.231.1058, (fax) 619.231.7423, Motley Rice LLC (Atlanta) One Georgia Center; 600 West Peachtree Street, Suite 800, Atlanta, GA, 30308 (voice) 1-800-768-4026, (fax) , inquiry@motleyrice.com _____________________________________________ TOTAL NUMBER OF PLAINTIFF FIRMS: 4

DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
Class Action Complaint for Violation of the Federal Securities Laws - Demand for Jury Trial
Type: Complaint		Date on the document: 03/29/2007
Order Consolidating Cases, Appointing Glickenhaus & Co. And Carpenters Pension Trust Fund For Northern California As Lead Plaintiffs And Approving Their Choice Of Co-Lead Counsel
Type: Order of Consolidation		Date on the document: 08/08/2007

REFERENCE COMPLAINT

In Re: Beazer Homes USA, Inc. Securities Litigation

COURT: N.D. Georgia	DOCKET NUMBER: 07-CV-00725
JUDGE NAME: Hon. Clarence Cooper
DATE FILED: 06/27/2008	SOURCE: Docket
CLASS PERIOD START: 01/27/2005	CLASS PERIOD END: 05/12/2008
TYPE OF COMPLAINT: Consolidated Complaint
PLAINTIFF FIRMS NAMED IN COMPLAINT:
Bernstein Liebhard & Lifshitz, LLP (New York) 10 E. 40th Street, 22nd Floor, New York, NY, 10016 (voice) 800.217.1522, (fax) , info@bernlieb.com Chitwood Harley Harnes LLP (Atlanta) 1230 Peachtree Street, N.E., 2300 Promenade II, Atlanta, GA, 30309 (voice) 888.873.3999, (fax) 404.873.4476, info@chitwoodlaw.com Milberg Weiss LLP (New York) One Pennsylvania Plaza, 49th Floor, New York, NY, 10119 (voice) 212.594.5300, (fax) 212.868.1229, info@milbergweiss.com _____________________________________________ TOTAL NUMBER OF PLAINTIFF FIRMS: 3

DOCUMENTS FOR THE REFERENCE COMPLAINT
Amended And Consolidated Class Action Complaint For Violation Of The Federal Securities Laws
Type: Complaint		Date on the document: 06/27/2008
Motion For Preliminary Approval Of Class Action Settlement
Type: Motion		Date on the document: 05/05/2009
Preliminary Order For Notice And Hearing In Connection With Settlement Proceedings
Type: Order		Date on the document: 05/12/2009
Order and Final Judgment
Type: Order		Date on the document: 09/15/2009
U.S. District Court Civil Docket
Type: Docket		Date on the document: 10/13/2010

OTHER DOCUMENTS

Case Name and/or Number:
Type:		Date on the document:

WARNING AND DISCLAIMER OF LIABILITY:
The information included on this Web site, whether provided by personnel employed by Stanford Law School or by third parties, is provided for research and teaching purposes only. Neither Stanford University, Stanford Law School, nor any of their employees, agents, contractors, or affiliates warrant the accuracy or completeness of the information or analyses displayed herein, and we caution all readers that inclusion of any information on this site does not constitute an endorsement of the truthfulness or accuracy of that information. In particular, this Web site contains complaints and other documents filed in federal and state courts, which make allegations that may or may not be accurate. No reader should, on the basis of information contained in or referenced by this Web site, assume that any of these allegations are truthful.

Go to Search page | Go to Case Index page | Back to Top

�