Processing your request


please wait...

Case Page

 

Case Status:    SETTLED  
—On or around 06/27/2013 (Date of order of final judgment)
Current/Last Presiding Judge:  
Hon.James B. Zagel

Filing Date: February 11, 2011

Broadwind Energy, Inc. ("Broadwind" or the Company) is an American manufacturer of structures, equipment and components for the clean energy market.

According to a press release dated February 14, 2011, the Complaint alleges Broadwind and certain of its officers and directors with violating the federal securities laws by failing to disclose that: (i) Broadwind’s RBA subsidiary was experiencing significant issues with key contracts; (ii) Broadwind was materially overstating its financial condition by improperly delaying the recognition of the impairment of its goodwill and intangible assets related to its RBA subsidiary; (iii) the Company was experiencing a reduction in demand from its customers; (iv) Broadwind’s financial statements were not prepared in accordance with Generally Accepted Accounting Procedures; and (v) Defendants lacked a reasonable basis for their positive statements about the Company and its prospects. As a result, the Company’s statements concerning its business prospects and financial performance were materially false and misleading at all relevant times.

On August 9, 2010, the Company issued a press release announcing its financial results for the second quarter of 2010, the period ending June 30, 2010. For the quarter, the Company reported lower than expected revenues of $36.6 million and a net loss of $14.2 million or $.13 per share.

In a reaction to this news, shares of BWEN common stock fell $0.35 per share to close on August 9, 2010 at $2.50 per share, representing a drop of 12%.

On July 7, 2011, the Court issued an order appointing the lead Plaintiff and approved of the choice of lead Counsel.

On September 13, 2011, the lead Plaintiff filed an amended Complaint.

On April 19, 2012, the Court issued an order granting in part and denying in part Defendants' motion to dismiss.

On May 15, 2012, a Plaintiff filed a Notice of Voluntary Withdrawal.

On March 6, 2013, the parties entered into a Stipulation of Settlement. According to a docket entry made on March 14, the Court preliminarily approved the Settlement.

On June 27, 2013, the Court entered a Final Judgment approving the Settlement and ordered this case dismissed with prejudice. On the same date, the Court also entered an Order awarding attorneys' fees and expenses.

Protected Content


Please Log In or Sign Up for a free account to access restricted features of the Clearinghouse website, including the Advanced Search form and the full case pages.

When you sign up, you will have the option to save your search queries performed on the Advanced Search form.