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Copyright (c) 2001
Stanford Law School


Duke Energy Corporation
Summary: According to the law firm press release, Duke is an energy and utilities company based in Charlotte, North Carolina. Prior to the Merger, Progress was an energy and utilities company headquartered in Raleigh, North Carolina. The Merger ultimately created the largest electric utility in the United States.

The Complaint alleges that the Company failed to disclose and misrepresented certain material adverse facts which were known to defendants or recklessly disregarded by them.

On January 8, 2011 a merger agreement was executed between Duke and Progress (the “Merger Agreement”). The Merger Agreement was attached to the Prospectus Materials. The July 7, 2011 Prospectus Materials omitted facts necessary to make the statements made therein not misleading, and was not prepared in accordance with applicable SEC rules and regulations.

In addition, from May 4, 2012 through June 29, 2012, Duke filed numerous Prospectus Updates on Forms 425 with the SEC that “urge[d] investors and shareholders to read the Registration Statement, including the joint proxy statement/prospectus that is a part of the Registration Statement…because they contain important information.” Defendants therefore caused shareholders to rely upon the same Prospectus Materials that, during this same period, Defendants knew contained misleading statements and omitted material facts.

On July 3, 2012, Duke issued a press release, in contradiction to previous representations. As a result of these disclosures, the price of Duke common stock fell.

On September 10, 2012, the Court issued an Order consolidating cases. An additional Order consolidating cases was issued by the Court on October 16, 2012.

On December 14, 2012, the Court issued an Order appointing lead plaintiff and approving the selection of lead counsel. On January 28, 2013, the lead plaintiffs filed their consolidated complaint. On the next day, the lead plaintiffs filed a corrected version of their complaint.

INDUSTRY CLASSIFICATION:
SIC Code: 4931
Sector: Utilities
Industry: Electric Utilities


COMPANY/ISSUER NAME: Duke Energy Corporation
COMPANY/ISSUER TICKER: DUK
COMPANY WEBSITE: http://www.duke-energy.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Maurine Nieman, et al. v. Duke Energy Corporation, et al.
 COURT: W.D. North Carolina  DOCKET NUMBER: 12-CV-00456
 JUDGE NAME: Hon. Max O. Cogburn, Jr
 DATE FILED: 07/24/2012  SOURCE: 
 CLASS PERIOD START: 07/07/2011  CLASS PERIOD END: 07/24/2012
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Gray, Layton, Kersh, Solomon, Furr & Smith, P.A.
      516 South New Hope Road P.O. Box 2636, Gastonia, NC, 28053
       (voice) 701.865.4400, (fax) 701.866.8010,
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  1

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint - Jury Trial Demanded
    Type: Complaint Date on the document: 07/24/2012
    Order
    Type: Order of Consolidation Date on the document: 10/17/2012
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 10/22/2012
    Order
    Type: Order Appointing LP/LC Date on the document: 12/14/2012

    REFERENCE COMPLAINT
    Maurine Nieman, et al. v. Duke Energy Corporation, et al.
     COURT: W.D. North Carolina  DOCKET NUMBER: 12-CV-00456
     JUDGE NAME: 
     DATE FILED: 01/28/2013  SOURCE: 
     CLASS PERIOD START: 07/07/2011  CLASS PERIOD END: 07/24/2012
     TYPE OF COMPLAINT: First Consolidated
     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
    Consolidated Complaint for Violation of the Federal Securities Laws
    Type: Complaint Date on the document: 01/28/2013
    Corrected Consolidated Complaint for Violation of the Federal Securities Laws
    Type: Complaint Date on the document: 01/29/2013

     OTHER DOCUMENTS
    Order
    Case Name and/or Number: Michael William Sunner, et al. v. Duke Energy Corporation, et al.
    Type: Order of Consolidation Date on the document: 09/10/2012

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