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Case Status:    ONGOING    
On or around 10/24/2016 (Ongoing date of last review)

Filing Date: June 17, 2013

According to the allegations in the Complaint, this case is about a fraudulent scheme to manipulate the market for the common stock of ECD. The facts and circumstances underlying this action concern a public offering of 4,714,975 shares of ECD common stock on June 18, 2008 (the "Offering"). The ECD common stock prospectus supplement filed with the SEC and dated June 18, 2008 ("Common Stock Prospectus") disclosed that 3,444,975 shares being offered were shares being loaned to the Credit Suisse defendants pursuant to a share lending agreement ("Share
Lending Agreement"). Through a series of actions, including a public offering, a concurrent offering of convertible notes, and a share lending agreement between ECD and Defendants, Defendants removed the normal market breaks on short sale activity and permitted extraordinary short selling of ECD stock. This short selling drove the price of ECD common stock down from $72 per share on June 18, 2008, to less than $1 in February 2012, when ECD filed for bankruptcy protection.

A consolidated complaint was filed on February 3, 2014.

This case was transferred to the Southern District of New York on October 21, 2014.

COMPANY INFORMATION:

Sector: Utilities
Industry: Electric Utilities
Headquarters: United States

SECURITIES INFORMATION:

Ticker Symbol: ENERQ
Company Market: NASDAQ
Market Status: OTC

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. New York
DOCKET #: 13-CV-02783
JUDGE: Hon. Saundra Brown Armstrong
DATE FILED: 06/17/2013
CLASS PERIOD START: 06/18/2008
CLASS PERIOD END: 06/17/2013
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Nassiri & Jung LLP
    47 Kearny Street Suite 700 , Nassiri & Jung LLP , CA 94108
    415-762-3100 415-534-3200 · knassiri@nassiri-jung.com
No Document Title Filing Date
COURT: S.D. New York
DOCKET #: 14-CV-08486
JUDGE: Hon. Saundra Brown Armstrong
DATE FILED: 10/23/2014
CLASS PERIOD START: 06/18/2008
CLASS PERIOD END: 02/14/2012
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Lewis & Roberts, P.L.L.C.
    3700 Glenwood Avenue, Suite 410, Lewis & Roberts, P.L.L.C., NC 27612
    919-981-0191 919-981-0199 ·
  2. Scott + Scott LLP (NY)
    405 Lexington Avenue, 40th Floor, The Chrysler Building, Scott + Scott LLP (NY), NY 10174
    (212) 223-6444 (212) 223-6444 ·
No Document Title Filing Date