Shepherd, Finkelman, Miller & Shah, LLC Files Securities Class Action on Behalf of Purchasers of Securities of Star Gas Partners
October 25 2004 - 9:42AM
PR Newswire (US)
Shepherd, Finkelman, Miller & Shah, LLC Files Securities Class
Action on Behalf of Purchasers of Securities of Star Gas Partners,
L.P. HARTFORD, Conn., Oct. 25 /PRNewswire/ -- Shepherd, Finkelman,
Miller & Shah, LLC (http://www.classactioncounsel.com/; e-mail:
), a law firm with offices in Connecticut, Pennsylvania, New Jersey
and Florida, announced today that it has filed a class action on
behalf of all purchasers of the stock and other publicly- traded
securities of Star Gas Partners, L.P. (NYSE: SGH - News; "Star Gas"
or the "Company") from April 30, 2003 through October 15, 2004
inclusive (the "Class Period"). The Complaint charges Star Gas,
Irik P. Sevin, and Ami Trauber with violations of Sections 10(b)
and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5
promulgated thereunder. A copy of the Complaint filed in this
action can be obtained from the Court (Case No. 3:04-cv-1785-SRU),
you can call our offices toll free at either 866/540-5505 or
877/891-9880 to speak with an attorney regarding this matter and
obtain a copy of the Complaint or you can e-mail us () and we will
send you a copy of the Complaint. The Complaint specifically
alleges that Star Gas failed to disclose and misrepresented the
following material adverse facts which were known to defendants or
recklessly disregarded by them: (1) that the Partnership was unable
to pass costs of rising heating oil prices on to its customers
because the Partnership had earlier acquired heating oil at a much
lower cost; (2) that, as a result, Defendants were unable to
increase or maintain profit margins in its heating oil segment; (3)
that the Partnership was experiencing massive customer attrition;
and (4) that the Partnership's Petro heating oil division's
operational restructuring, undertaken at the beginning of the Class
Period, was a complete and utter failure because of delays in the
centralization of Star Gas' dispatch system. On October 18, 2004,
Star Gas issued a press release with the headline: "STAR GAS
PARTNERS, L.P. ANNOUNCES SUSPENSION OF COMMON UNIT DISTRIBUTION."
Therein, the Partnership stated that it had recently advised its
Petro heating oil division bank lenders of a substantial expected
decline in earnings for this division for the fiscal year that
ended on September 30, 2004, and a further projected decline in
earnings for the fiscal year ending September 30, 2005, which would
not permit Petro to meet the borrowing conditions under its working
capital line. According to Star, the source of the problem was a
combination of (a) the inability to pass on the full impact of
record heating oil prices to customers, and (b) the effects of
unusually high customer attrition principally related to its
operational restructuring undertaken in the past 18 months. Petro
was continuing to submit borrowing requests under its working
capital line. Star was in discussions with the lenders to modify
conditions and other terms necessary to assure that Petro would
have sufficient liquidity to operate through the winter. Star
anticipated that, because of the requirements of Star's current and
potential lenders, it would not be permitted to make any
distributions on its Common Units. Star believed that with the
support of its existing lenders, which cannot yet be assured, it
could manage the extraordinary challenges arising from current
energy prices and other factors. However, without that support,
Star Gas may be forced to seek interim financing on extremely
disadvantageous terms or even to seek to restructure its debts
under the protection of the bankruptcy courts. News of this shocked
the market. Shares of Star Gas fell $17.28 per share, or 80
percent, to close at $4.32 per share on unusually high trading
volume on October 18, 2004. If you purchased the common stock or
other publicly-traded securities of Star Gas between April 30, 2003
through October 15, 2004, inclusive, you may qualify to serve as a
lead plaintiff on behalf of the Class. All motions for appointment
as a lead plaintiff must be filed with the Court no later than
December 20, 2004. Any member of the proposed Class may move the
Court to serve as lead plaintiff in this action through counsel of
his or her choice, or may remain an absent class member. There are
certain legal requirements to serve as lead plaintiff, which we
would be pleased to discuss with you. Please contact James E.
Miller, Esquire (866/540-5505; ), or James C. Shah, Esquire
(877/891-9880; ), if you would like to discuss this action or have
any question regarding this notice or your rights. Shepherd,
Finkelman, Miller & Shah, LLC
(http://www.classactioncounsel.com/) is a national law firm that
represents investors, including institutions and individuals, as
well as consumers in class action and other complex litigation, and
maintains offices in Connecticut, Florida, New Jersey and
Pennsylvania. The firm's attorneys have appeared in matters on
behalf of our clients throughout the United States and have been
appointed lead counsel in a number of class actions and corporate
governance matters. DATASOURCE: Shepherd, Finkelman, Miller &
Shah, LLC CONTACT: James E. Miller, Esquire, +1-866-540-5505, , or
James C. Shah, Esquire, +1-877-891-9880, , both of Shepherd,
Finkelman, Miller & Shah, LLC Web site:
http://www.classactioncounsel.com/
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