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Case Status:    DISMISSED    
On or around 11/18/2014 (Date of order of final judgment)

Filing Date: May 07, 2012

According to the law firm press release, the complaint charges GMCR and certain of its officers and directors with violations of the Securities Exchange Act of 1934. GMCR describes itself as a leader in the specialty coffee and coffee maker businesses.

The complaint alleges that, during the Class Period, defendants issued materially false and misleading statements regarding the Company’s growth and demand for its products. Specifically, defendants misrepresented and/or failed to disclose the following adverse facts: (i) that demand for the Company’s brewers and portion packs had slowed; (ii) that the Company’s models for predicting consumer demand were flawed and ineffective; and (iii) as a result of the foregoing, Defendants lacked a reasonable basis for their positive statements about the Company and its prospects.

On May 2, 2012, after the close of regular market trading, GMCR issued a press release announcing its financial performance for the second quarter of fiscal 2012, which fell short of its prior guidance and also revised downward the Company’s guidance for the full fiscal year 2012. Following this announcement, on the next day of trading, May 3, 2012, shares of GMCR stock basically halved themselves – tumbling $23.65 per share, or 48%, to close at $25.87 per share from the prior day’s close of $49.52 per share.

On July 31, 2012, the plaintiffs’ motion to appoint lead plaintiff as class representative, and appoint class counsel was granted.

On September 26, 2013, the Court issued an Order granting the Motions to Dismiss without prejudice. Plaintiffs were given leave to file an amended complaint. Plaintiffs filed a Notice appealing this Order to the Court of Appeals on October 18. On July 8, 2014, the Court of Appeals issued a Mandate affirming the decision of the District Court.

COMPANY INFORMATION:

Sector: Consumer Non-Cyclical
Industry: Food Processing
Headquarters: United States

SECURITIES INFORMATION:

Ticker Symbol: GMCR
Company Market: NASDAQ
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: D. Vermont
DOCKET #: 12-CV-00091
JUDGE: Hon. William K. Sessions III
DATE FILED: 05/07/2012
CLASS PERIOD START: 02/02/2012
CLASS PERIOD END: 05/02/2012
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Dyer & Berens LLP
    303 East 17th Avenue, Suite 300, Dyer & Berens LLP, CO 80203
    303.861.1764 303.861.1764 ·
  2. Holzer Holzer & Fistel, LLC (Atlanta)
    200 Ashford Center North, Suite 300, Holzer Holzer & Fistel, LLC (Atlanta), GA 30338
    770.392.0090 770.392.0090 ·
  3. Robbins Geller Rudman & Dowd LLP (Melville)
    58 South Service Road, Suite 200, Robbins Geller Rudman & Dowd LLP (Melville), NY 11747
    631.367.7100 631.367.1173 ·
  4. Woodward & Kelley, PLLC
    1233 Shelburne Road # D3, Woodward & Kelley, PLLC, VT 05403-7753
    802.652.9955 ·
No Document Title Filing Date
COURT: D. Vermont
DOCKET #: 12-CV-00091
JUDGE: Hon. William K. Sessions III
DATE FILED: 10/25/2012
CLASS PERIOD START: 02/02/2012
CLASS PERIOD END: 05/02/2012
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Kahn Swick & Foti, LLC (Madisonville)
    206 Covington Street, Kahn Swick & Foti, LLC (Madisonville), LA 70447
    (504) 455-1400 (504) 455-1498 ·
  2. Kahn Swick & Foti, LLC Former New York)
    500 Fifth Avenue, Ste. 1810, Kahn Swick & Foti, LLC Former New York), NY 10110
    212.696.3730 504.455-1498 ·
No Document Title Filing Date