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Stanford Law School


SemGroup Energy Partners, L.P.
Summary: On August 26, 2008, a notice of voluntary dismissal without prejudice was filed and the case is closed.

According to a law firm press release, the class action filed against the company alleges that the Prospectus for the secondary offering misrepresented the financial strength of SemGroup's Parent (SemGroup, L.P.) and failed to disclose that the Parent had engaged in risky hedging strategies that presented a material risk of default and bankruptcy. Inasmuch as SemGroup's business operations were heavily dependent on its Parent, the true facts concerning the Parent's financial condition were material to a reasonable investor's decision to purchase units on the secondary offering. Those true facts were first disclosed to investors on Thursday, July 17, 2008, when it was revealed that because of its hedging strategies the Parent was at risk of filing for bankruptcy. The Parent and affiliated companies subsequently filed for bankruptcy on Monday, July 21, 2008. As a result of the July 17, 2008 disclosures and subsequent bankruptcy filing, SemGroup's units, which closed on Wednesday, July 16, 2008 at $22.80 per unit, plummeted to close on Wednesday, July 23, 2008 at $8.00 per unit. Documents filed on behalf of the Parent in Bankruptcy Court revealed that SemGroup began experiencing financial distress in 2007 and early 2008, prior to the secondary offering. The Prospectus failed to disclose that the Parent was suffering from liquidity problems, or that it was engaged in highly risky crude oil hedge transactions that affected its ability to continue as a going concern.

INDUSTRY CLASSIFICATION:
SIC Code: 4160
Sector: Basic Materials
Industry: Non-Metallic Mining


COMPANY/ISSUER NAME: SemGroup Energy Partners, L.P.
COMPANY/ISSUER TICKER: SGLP
COMPANY WEBSITE: http://www.sglp.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Poelman, et al. v. Semgroup Energy Partners, L.P., et al.
 COURT: S.D. New York  DOCKET NUMBER: 08-CV-06477
 JUDGE NAME: Hon. Paul A. Crotty
 DATE FILED: 07/21/2008  SOURCE: 
 CLASS PERIOD START: 02/20/2008  CLASS PERIOD END: 07/17/2008
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Wolf Popper, LLP
      845 Third Avenue, New York, NY, 10022-6689Ave
       (voice) 877.370.7703, (fax) 212.486.2093, IRRep@wolfpopper.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  1

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint For Violations Of The Federal Securities Laws
    Type: Complaint Date on the document: 7/21/2008
    Notice Of Dismissal Pursuant To Federal Rule 41 (A)
    Type: Notice Date on the document: 8/26/2008
    US District Court Civil Docket
    Type: Docket Date on the document: 8/26/2008

    REFERENCE COMPLAINT
    Carson et al v. SemGroup Energy Partners, L.P. et al
     COURT: N.D. Oklahoma  DOCKET NUMBER: 08-MD-01989
     JUDGE NAME: Hon. Gregory K Frizzell
     DATE FILED: 10/10/2008  SOURCE: 
     CLASS PERIOD START: 02/20/2008  CLASS PERIOD END: 07/17/2008
     TYPE OF COMPLAINT: Re-filed Complaint
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Paskowitz & Associates
      60 East 42nd Street, 46th Floor, New York, NY, 10165
       (voice) 212.685.0969, (fax) 212.685.2306, classattorney@aol.com
  • Roy Jacobs & Associates (New York)
      60 East 42nd Street, 46th Floor, New York, NY, 10165
       (voice) 212.867.1156, (fax) 212.867.1156, jacobs@jacobsclasslaw.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    Transfer Order
    Type: Notice Date on the document: 10/10/2008
    U.S. Court of Appeals Docket
    Type: Docket Date on the document: 10/17/2008
    Corrected Consolidated Securities Class Action Complaint for Violations of the Federal Securities Laws
    Type: Complaint Date on the document: 07/16/2009

     OTHER DOCUMENTS
    Class Action Complaint For Violation Of Federal Securities Laws
    Case Name and/or Number: Carson et al v. SemGroup Energy Partners, L.P. et al
    Type: Complaint Date on the document: 7/22/2008
    Notice Of Motion And Motion For Appointment Of Michael Rubin As Lead Plaintiff And Approval Of His Selection Of Lead Counsel
    Case Name and/or Number: Carson et al v. SemGroup Energy Partners, L.P. et al
    Type: Notice Date on the document: 9/19/2008
    U.S. District Court Civil Docket
    Case Name and/or Number: Carson et al v. SemGroup Energy Partners, L.P. et al
    Type: Docket Date on the document: 10/20/2008

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