Lawsuit Overview
Settlement Overview
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January 5, 2010 - The court held a final settlement hearing, approved the settlement, entered the orders approving the plan of allocation, the motion for attorneys’ fees and expenses, and dismissed the action with prejudice.
September 17, 2009 - The court preliminarily approved the settlement.
August 28, 2009 - Parties filed a stipulation of settlement.
December 23, 2008 - The defendants filed a motion to dismiss.
October 24, 2008 - The lead plaintiff filed an amended consolidated complaint.
August 21, 2008 - The lead plaintiff and lead counsel were appointed and all cases were consolidated.
July 7, 2008 - A lead plaintiff motion was filed.
May 6, 2008 - An investor in shares of Cbeyond Inc (NASDAQ: CBEY) filed a lawsuit in the U.S. District Court for the Northern District of Georgia against Cbeyond Inc over alleged violations of Federal Securities Laws in connection with certain allegedly false and misleading statements made between November 1, 2007 and February 21, 2008.
The plaintiff claims that Cbeyond Inc and its founder, Chairman, President and CEO, violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and certain rules thereunder. The case alleges that beginning on November 1, 2007, the defendants made specific misstatements designed to hide the fact that Cbeyond Inc was recording a higher churn rate for its services, which permitted certain of Cbeyond Inc's officers and directors to engage in insider sales of $39 million of Cbeyond Inc stock at artificially inflated prices. Shortly thereafter, Cbeyond Inc was forced to admit on February 21, 2007 that it elected to make certain operational changes that caused its churn rate to climb even higher, contrary to its prior representations. Cbeyond Inc's stock price dropped 20% on this shocking news.