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Stanford Law School


Body Central Corporation
Summary: According to the law firm press release, the complaint charges Body Central and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Body Central is a multi-channel, specialty retailer offering women’s apparel and accessories at specialty stores under the Body Central and Body Shop banners, as well as through a direct business.

The complaint alleges that, throughout the Class Period, defendants issued materially false and misleading statements regarding the Company’s financials and future business prospects. Specifically, defendants misrepresented and/or failed to disclose adverse facts concerning what defendants described as a “merchandise miss,” as well as the poor operating and financial performance of the Company’s stores. As a result of defendants’ false statements, which included statements regarding the Company’s 2012 financial outlook, Body Central common stock traded at artificially inflated prices during the Class Period, reaching a high of $30.69 per share on April 27, 2012.

On May 3, 2012, Body Central issued a press release announcing its first quarter 2012 financial results. Among other things, the Company unexpectedly issued a weak forecast for second quarter and full year earnings, pointing to an expected decrease in comparable store sales. For the second quarter, the Company forecast earnings between $0.26 and $0.28, well below market expectations of $0.36. The Company forecasted full year earnings of $1.34 to $1.38, below the average analyst forecast of $1.52. On this news, Body Central common stock abruptly lost almost half of its value, falling $14.04 per share to close at $14.88 per share on May 4, 2012, a one-day decline of more than 48%.

Then, on June 18, 2012, Body Central issued a press release “revising sales and earning guidance for its second quarter and full year 2012.” On this news, Body Central common stock again lost almost half of its value, falling $7.77 per share from a closing price of $15.99 on June 15, 2012 to close at $8.22 per share on June 18, 2012, the next trading day – a one-day decline of more than 48% – on volume of more than 14 million shares traded.

The complaint alleges defendants misrepresented and/or failed to disclose the following adverse facts: (i) that the Company’s merchandise miss was not an isolated, quickly fixable event, but would take at least several quarters to remedy and would have a material, negative impact on the Company’s financial results; (ii) that the Company’s stores were experiencing increasingly poor performance and financial results; (iii) that defendants issued materially false and misleading statements regarding the Company’s operations and its business and financial results and outlook; and (iv) that, based on the above, defendants lacked a reasonable basis for their positive statements about the Company or its revenue outlook.

On December 13, 2012, the Court issued an Order appointing lead plaintiff and approving the selection of lead counsel. Lead plaintiff filed an amended complaint on February 22, 2013. A corrected version of this complaint was filed 4 days later.

INDUSTRY CLASSIFICATION:
SIC Code: 5600
Sector: Services
Industry: Retail (Apparel)


COMPANY/ISSUER NAME: Body Central Corporation
COMPANY/ISSUER TICKER: BODY
COMPANY WEBSITE: http://www.bodyc.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Nick Mogensen, et al. v. Body Central Corporation, et al.
 COURT: M.D. Florida  DOCKET NUMBER: 12-CV-00954
 JUDGE NAME: Hon. Harvey E. Schlesinger
 DATE FILED: 08/27/2012  SOURCE: 
 CLASS PERIOD START: 11/10/2011  CLASS PERIOD END: 06/18/2012
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Robbins Geller Rudman & Dowd LLP (Boca Raton)
      120 East Palmetto Park Road, Suite 500, Boca Raton, FL, 33432
       (voice) 561.750.3000, (fax) 561.750.3364,
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  1

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Plaintiff's Class Action Complaint for Violations of the Federal Securities Laws
    Type: Complaint Date on the document: 08/27/2012
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 08/28/2012
    Order
    Type: Order Appointing LP/LC Date on the document: 12/13/2012
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 12/13/2012

    REFERENCE COMPLAINT
    Nick Mogensen, et al. v. Body Central Corporation, et al.
     COURT: M.D. Florida  DOCKET NUMBER: 12-CV-00954
     JUDGE NAME: 
     DATE FILED: 02/26/2013  SOURCE: 
     CLASS PERIOD START: 11/10/2011  CLASS PERIOD END: 06/18/2012
     TYPE OF COMPLAINT: First Amended
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Robbins Geller Rudman & Dowd LLP (Boca Raton)
      120 East Palmetto Park Road, Suite 500, Boca Raton, FL, 33432
       (voice) 561.750.3000, (fax) 561.750.3364,
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  1

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    Corrected Amended Class Action Complaint For Violations of The Federal Securities Laws
    Type: Complaint Date on the document: 02/26/2013

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

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