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Stanford Law School


CarMax, Inc.
Summary: On October 24, 2008, the Court granted plaintiff Peter Rangos' Motion for Appointment as Lead Plaintiff and Approval of Lead Plaintiff’s Selection of Lead and Liaison Counsel. According to the Order, Coughlin Stoia Geller Rudman & Robbins LLP is approved as Lead Counsel and Craig C. Reilly is approved as Liaison Counsel for the class. On November 24, 2008, Lead Plaintiff Peter Rangos, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), filed a notice of the voluntary dismissal of the action without prejudice.

The complaint charges CarMax and certain of its officers and directors with violations of the Securities Exchange Act of 1934. CarMax is a nationwide retailer of new and used automotive vehicles. CarMax also provides customers with a full range of related products and services, including the financing of vehicle purchases through CarMax Auto Finance, the Company's own finance operation, and third-party financing providers; the sale of extended service plans and accessories; the appraisal and purchase of vehicles directly from consumers; and vehicle repair service.

The complaint alleges that, during the Class Period, CarMax was not meeting internal sales targets and was facing a 55% shortfall in its net income for first quarter of fiscal year 2009, later prompting the Company to suspend its financial guidance for the rest of fiscal 2009. According to the complaint, CarMax publicly issued materially false and misleading statements and failed to disclose: (i) that CarMax was not positioned to meet its sales targets or earnings objectives for fiscal 2009; (ii) that the Company had completed a refinancing of its warehouse facility which had materially increased the Company's funding costs; and (iii) as a result of the foregoing, defendants had no reasonable basis for their revenues and earnings guidance for fiscal 2009.

On June 18, 2008, the Company issued a press release announcing its financial results for the first quarter of fiscal 2009, the period ended May 31, 2008. The Company also announced that it was suspending its financial guidance for the rest of fiscal 2009. Upon this news, shares of the Company's stock fell $2 per share, or approximately 11%, to close at $16.34 per share, on heavy trading volume.

INDUSTRY CLASSIFICATION:
SIC Code: 5500
Sector: Consumer Cyclical
Industry: Auto & Truck Manufacturers


COMPANY/ISSUER NAME: CarMax, Inc.
COMPANY/ISSUER TICKER: KMX
COMPANY WEBSITE: http://www.carmax.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Peter Rangos, et al. v. CarMax, Inc., et al.
 COURT: E.D. Virginia  DOCKET NUMBER: 08-CV-00821
 JUDGE NAME: Hon. Liam O' Grady
 DATE FILED: 08/06/2008  SOURCE: 
 CLASS PERIOD START: 04/02/2008  CLASS PERIOD END: 06/17/2008
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Coughlin Stoia Geller Rudman & Robbins LLP (Melville)
      200 Broadhollow, Suite 406, Melville, NY, 11747
       (voice) 631.367.7100, (fax) 631.367.1173, info@csgrr.com/
  • Craig C. Reilly, Esq.
      111 Oronoco Street, Alexandria, VA, 22314
       (voice) 703.549.5354, (fax) 703.549.5354,
  • Dyer & Berens LLP
      682 Grant Street, Denver, CO, 80203-3507
       (voice) 303.861.1764, (fax) 303.861.1764, contact@dyerberens.com
  • Holzer Holzer & Fistel, LLC (Atlanta)
      1117 Perimeter Center West, Suite E-107, Atlanta, GA, 30338
       (voice) 770.392.0090, (fax) 770.392.0090,
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  4

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint For Violations Of Federal Securities Laws
    Type: Complaint Date on the document: 8/6/2008
    Order Granting Peter Rangos' Motion For Appointment As Lead Plaintiff And Approval Of Lead Plaintiff's Selection Of Lead And Liaison Counsel
    Type: Order Appointing LP/LC Date on the document: 10/24/2008
    Lead Plaintiff's Notice Of Voluntary Dismissal Without Prejudice
    Type: Notice Date on the document: 11/24/2008
    Order
    Type: Order Date on the document: 01/13/2009
    U.S. District Court Civil Docket
    Type: Complaint Date on the document: 1/13/2009

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

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