Robbins Geller Rudman & Dowd LLP Files Class Action Suit Against Former & Current Executives of The Great Atlantic & Pacific ...
September 09 2011 - 3:53PM
Business Wire
Robbins Geller Rudman & Dowd LLP (“Robbins Geller”)
(http://www.rgrdlaw.com/cases/aandp/) today announced that a class
action has been commenced in the United States District Court for
the District of New Jersey on behalf of purchasers of the
securities of The Great Atlantic & Pacific Tea Company, Inc.
(“A&P”) (NYSE:GAP) during the period between July 23, 2009 and
December 10, 2010 (the “Class Period”). A&P is not named in
this action as a defendant because it filed for bankruptcy
protection in December 2010.
If you wish to serve as lead plaintiff, you must move the Court
no later than 60 days from today. If you wish to discuss this
action or have any questions concerning this notice or your rights
or interests, please contact plaintiff’s counsel, Samuel H. Rudman
or David A. Rosenfeld of Robbins Geller at 800/449-4900 or
619/231-1058, or via e-mail at djr@rgrdlaw.com. If you are a member
of this class, you can view a copy of the complaint as filed or
join this class action online at
http://www.rgrdlaw.com/cases/aandp/. Any member of the putative
class may move the Court to serve as lead plaintiff through counsel
of their choice, or may choose to do nothing and remain an absent
class member.
The complaint charges certain of A&P’s former and current
executives with violations of the Securities Exchange Act of 1934.
A&P was founded in 1859 and currently operates conventional
supermarkets, combination food and drug stores, and discount food
stores.
The complaint alleges that, throughout the Class Period,
defendants failed to disclose material adverse facts about the
Company’s true financial condition, business and prospects.
Specifically, the complaint alleges that defendants failed to
disclose the following adverse facts, among others: (i) that
A&P was facing increased low-cost competition from retailers
such as Wal-Mart and Target Corp., which was negatively impacting
the Company’s business and financial condition; (ii) that the
Pathmark acquisition was a complete disaster for the Company as
Pathmark’s operations were in far worse condition than had been
represented to investors; (iii) that A&P was not operating
according to internal expectations and could not achieve the
guidance sponsored and/or endorsed by defendants; and (iv) that, as
a result of the foregoing, defendants lacked a reasonable basis for
their positive statements about the Company, its operations and
prospects.
On July 23, 2010, A&P issued a press release announcing its
fiscal 2010 first quarter results and that the Company had launched
a “turnaround,” designed to strengthen A&P’s operating and
financial foundation. On August 13, 2010, A&P announced the
closing of certain stores as part of the Company’s operational and
revenue-driven turnaround initiative, the purported Turnaround
Strategy, designed to generate sustained profitability and cash
flow, drive sales growth, restore competitive margins to the
business and strengthen the foundation of the Company for the long
term. Then on December 10, 2010, A&P shocked investors after
revealing, for the first time, that the Company was performing so
far below expectations and the purported Turnaround Strategy was
failing so miserably that the Company would likely be forced to
file for bankruptcy protection. In response to this announcement,
the price of A&P securities declined precipitously.
Plaintiff seeks to recover damages on behalf of all purchasers
of A&P securities during the Class Period (the “Class”). The
plaintiff is represented by Robbins Geller, which has expertise in
prosecuting investor class actions and extensive experience in
actions involving financial fraud.
Robbins Geller, a 180-lawyer firm with offices in San Diego, San
Francisco, New York, Boca Raton, Washington, D.C., Philadelphia and
Atlanta, is active in major litigations pending in federal and
state courts throughout the United States and has taken a leading
role in many important actions on behalf of defrauded investors,
consumers, and companies, as well as victims of human rights
violations. The Robbins Geller Web site (http://www.rgrdlaw.com)
has more information about the firm.
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