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Copyright (c) 2001
Stanford Law School


Cbeyond, Inc.
Summary: On August 21, 2008, U.S. District Judge Clarence Cooper issued the Order granting the motion to appoint the Genesee County Group as lead plaintiff and appointed Labaton Sucharow LLP as lead counsel. The Order also established 1:08-cv-1666-CC, In Re Cbeyond, Inc. Securities Litigation, as the Master Docket.

The lawsuit charges Cbeyond and its founder, Chairman, President and CEO, with violating Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and certain rules thereunder. The case alleges that beginning on November 1, 2007, the defendants made specific misstatements designed to hide the fact that Cbeyond was recording a higher churn rate for its services, which permitted certain of Cbeyond's officers and directors to engage in insider sales of $39 million of Cbeyond stock at artificially inflated prices. Shortly thereafter, Cbeyond was forced to admit on February 21, 2007 that it elected to make certain operational changes that caused its churn rate to climb even higher, contrary to its prior representations. Cbeyond's stock price dropped 20% on this shocking news.

INDUSTRY CLASSIFICATION:
SIC Code: 4813
Sector: Services
Industry: Communications Services


COMPANY/ISSUER NAME: Cbeyond, Inc.
COMPANY/ISSUER TICKER: CBEY
COMPANY WEBSITE: http://www.cbeyond.net

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Steven Weisberg, et al. v. Cbeyond, Inc., et al.
 COURT: N.D. Georgia  DOCKET NUMBER: 08-CV-1666
 JUDGE NAME: Hon. Clarence Cooper
 DATE FILED: 5/6/2008  SOURCE: Notice of Filing
 CLASS PERIOD START: 11/1/2007  CLASS PERIOD END: 2/21/2008
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Chitwood Harley Harnes LLP
      1230 Peachtree Street, N.E., 2300 Promenade II, Atlanta, GA, 30309
       (voice) 888.873.3999, (fax) 404.873.4476, info@chitwoodlaw.com
  • Gardy & Notis, LLP
      440 Sylvan Avenue, Englewood Cliffs, NJ, 07632
       (voice) 201-567-7377, (fax) 201-567-7337, info@gardylaw.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint - Jury Trial Demanded
    Type: Complaint Date on the document: 5/6/2008
    Motion Of The Genesee County Group For Appointment As Lead Plaintiff And Approval Of Selection Of Counsel
    Type: Memorandum Date on the document: 7/7/2008
    Order For Appointment As Lead Plaintiff And Approval Of Selection Of Counsel
    Type: Order of Consolidation Date on the document: 8/21/2008
    US District Court Civil Docket
    Type: Docket Date on the document: 8/21/2008

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

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