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Case Status:    DISMISSED  
—On or around 07/18/2007 (Date of order of final judgment)
Current/Last Presiding Judge:  
Hon. J. Owen Forrester

Filing Date: May 12, 2006

Home Depot, Inc. is an American home improvement retailer with chains of stores in multiple countries. It primarily sells tools, construction products, and appliances.

The original Complaint alleges violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 by the making of materially false and misleading statements concerning Home Depot's operations and financial condition which caused Home Depot's securities to trade at artificially inflated prices during the Class Period. The Complaint also alleges that throughout the Class Period, the Company deceived vendors and falsified Home Depot's financial results through fraudulent return-to-vendor policies. More specifically, it alleges that the Defendants (a) coerced Home Depot employees to fraudulently inflate Company charges to vendors to cover the cost of defective and/or damaged merchandise; and (b) pressured suppliers who complained about excessive chargebacks by threatening to reduce orders of their products.

On September 26, 2006, the Court entered the Order granting in part a motion for appointment of lead Plaintiff and lead Counsel. According to the Order, only Bucks County Retirement Board is preliminarily appointed as lead Plaintiff. Schriffrin & Barroway LLP is appointed as lead Counsel and Chitwood Harley Haynes LLP is appointed as local Counsel. On October 11, 2006, the Defendants filed a motion to dismiss. On November 13, 2006, the Plaintiff filed an amended Complaint. After the filing of the amended Complaint, Defendants entered a motion to dismiss on December 13, 2006.

On July 18, 2007, Judge Orinda D. Evans granted the Defendants' motion to dismiss the Complaint with prejudice. Plaintiffs filed an appeal in the Eleventh Circuit Court of Appeals. On November 10, 2008, the Court entered the October 8th Judgment from the U.S. Court of Appeals for the Eleventh Circuit. According to the Judgment, the decision of the district court is affirmed.

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