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Case Status:    DISMISSED  
—On or around 01/05/2023 (Court's order of dismissal)
Current/Last Presiding Judge:  
Hon. Kevin McNulty

Filing Date: June 07, 2019

According to the Complaint, Ascena Retail Group, Inc. is a leading national specialty retailer of apparel for women and tween girls. In August 2015, Ascena completed the acquisition of Ann Inc., the parent company of Ann Taylor and LOFT.

The Complaint alleges that during the Class Period, Defendants made materially misleading statements and/or failed to disclose adverse information regarding Ascena’s business and operations. Specifically, the Complaint alleges Defendants failed to disclose that the Ann Acquisition was a complete disaster for the Company as Ann’s operations were in far worse condition than had been represented to the public; that, in order to mask the true condition of Ann, Defendants improperly delayed recognizing an impairment charge to the value of Ann’s goodwill and, as a result, Ascena’s reported income and assets were materially overstated and the Company’s financial results were not prepared in conformity with Generally Accepted Accounting Principles (“GAAP”); and that many of the brands acquired in the Ann Acquisition were in steep decline and were also materially overvalued on Ascena’s Class Period financial statements.

On August 23, 2019, the Court issued an Order consolidating cases and approving Lead Plaintiffs and Counsel. All future docketing was ordered to be done in the lead case 19-CV-13529. Lead Plaintiffs filed a consolidated amended Complaint on November 21. On February 7, 2020, Defendants filed a Motion to Dismiss the consolidated amended Complaint.

On July 28, 2020, the Court stayed the case pending the outcome of Ascena's bankruptcy proceedings.

On June 28, 2022, the Court issued an Order granting Defendants' Motion to Dismiss. Plaintiffs were given leave to amend the Complaint. On January 5, 2023, the Court issued a text Order dismissing the case with prejudice.

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