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Case Status:    DISMISSED    
On or around 07/22/2011 (Date of order of final judgment)

Filing Date: October 08, 2009

The complaint alleges that, throughout the Class Period, defendants made numerous positive statements regarding the Company’s financial condition, business and prospects. The complaint further alleges that these statements were materially false and misleading because defendants failed to disclose the following adverse facts, among others: (a) that the K&G division was performing poorly and not meeting internal expectations; (b) that the Company was experiencing significant difficulties integrating the After Hours acquisition which was causing a severe disruption in that division’s business and reducing sales volumes below budgeted levels; (c) that, given the deteriorating demand for the Company’s products, the Company was forced to significantly discount products beyond customary discounts which would further erode earnings; and (d) that as a result of the foregoing, defendants’ positive statements concerning the Company’s guidance and prospects were lacking in a reasonable basis at all relevant times.

On January 9, 2008, Men’s Wearhouse announced its mid fourth quarter update for the quarter ending February 2, 2008. In response to the Company’s reduced guidance for fiscal 2007, the price of Men’s Wearhouse common stock fell $7.60 per share, or 30%, to close at $17.84 per share, on January 10, 2008, on extremely heavy trading volume.

On December 16, 2009, Judge Lynn N. Hughes granted the motion to appoint the Iron Workers Local 55 Pension Fund as lead plaintiff and appointed Roger Greenberg of Schwartz Junell Greenberg & Oathout, LLP, as liaison counsel. On February 26, 2010, the lead plaintiff filed an Amended Class Action Complaint. On April 12, 2010, the defendants filed a motion to dismiss the Amended Class Action Complaint. On July 22, 2011, Judge Lynn N. Hughes dismissed the action and the case is now terminated.

COMPANY INFORMATION:

Sector: Services
Industry: Retail (Apparel)
Headquarters: United States

SECURITIES INFORMATION:

Ticker Symbol: MW
Company Market: New York SE
Market Status: Public (Listed)

About the Company & Securities Data


"Company" information provides the industry and sector classification and headquarters state for the primary company-defendant in the litigation. In general, "Securities" information provides the ticker symbol, market, and market status for the underlying securities at issue in the litigation.

In most cases, the primary company-defendant actually issued the securities that are the subject of the litigation, and the securities information and company information relate to the same entity. In a small subset of cases, however, the primary company-defendant is not the issuer (for example, cases against third party brokers/dealers), and the securities information and company information do not relate to the same entity.
COURT: S.D. Texas
DOCKET #: 09-CV-03265
JUDGE: Hon. Lynn N. Hughes
DATE FILED: 10/08/2009
CLASS PERIOD START: 03/07/2007
CLASS PERIOD END: 01/09/2008
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Bisceglie & De Marco, LLC
    365 Rifle Camp Road, Bisceglie & De Marco, LLC, NJ 07424
    973/742-8900 973/742-8394 ·
  2. Coughlin Stoia Geller Rudman & Robbins LLP (Melville)
    58 South Service Road, Suite 200, Coughlin Stoia Geller Rudman & Robbins LLP (Melville), NY 11747
    631.367.7100 631.367.1173 · info@csgrr.com/
  3. Schwartz, Junell, Campbell & Oathout, LLP (Houston)
    909 Fannin - Suite 2000, Schwartz, Junell, Campbell & Oathout, LLP (Houston), TX 77010
    713.752.0017 713.752.0327 ·
No Document Title Filing Date
COURT: S.D. Texas
DOCKET #: 09-CV-03265
JUDGE: Hon. Lynn N. Hughes
DATE FILED: 02/26/2010
CLASS PERIOD START: 03/07/2007
CLASS PERIOD END: 01/09/2008
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Whatley Drake & Kallas LLC (New York)
    1540 Broadway, 37th Floor, Whatley Drake & Kallas LLC (New York), NY 10036
    212.447.7070 212.447.7070 ·
No Document Title Filing Date