Del. Judge Names Lead Plaintiff in Class Action Stemming From $2B Advance Auto Parts Deal
A Mississippi retirement system on Friday won a three-way fight to serve as lead plaintiff in a securities class action against Advance Auto Parts Inc. stemming from its $2 billion purchase of General Parts in 2011.
November 02, 2018 at 05:24 PM
4 minute read
A Mississippi retirement system on Friday won a three-way fight to serve as lead plaintiff in a securities class action against Advance Auto Parts Inc. stemming from its $2 billion purchase of General Parts in 2011.
A Delaware federal judge said Friday that the Public Employees' Retirement System of Mississippi was best positioned to represent a class of investors, who have accused Advance Auto, its chief executive and chief financial officer of failing to disclose that the auto-parts retailer's acquisition of General Parts and subsidiary Carquest Auto Parts, along with increased competition, was damaging its business.
The ruling came over the objection of two other investors, who argued that the selection would violate the Private Securities Litigation Reform Act's prohibition against professional plaintiffs in securities class actions.
Attorneys for a New York retirement fund and the Teamsters Local 710 Pension Fund said in court documents that Mississippi PERS should be automatically barred from lead-plaintiff status because it had already led more than five securities class actions in the past three years.
But U.S. District Judge Maryellen Noreika of the District of Delaware ruled the so-called “5-in-3″ rule did not apply to institutional investors because of their access to resources and experience litigating the cases. Mississippi PERS, she noted, had a deep bench of in-house attorneys to help outside counsel manage the lawsuit and “significant funds” to spend on behalf of the class.
According to Noreika's opinion, Mississippi PERS has served as lead plaintiff in at least seven securities class actions in the past three years, recovering more than $3.5 billion for investors. The fund had also suffered the most financial harm out of the three competing plaintiffs, losing $2.1 million on the more than 31,000 Advance Auto shares it purchased between from November 2016 to August 2017.
“The court finds that Mississippi PERS's status as lead plaintiff in seven other securities class actions does not bar it—automatically or otherwise—from serving as lead plaintiff here,” Noreika wrote in a 13-page memorandum opinion.
“Having found that Mississippi PERS is not barred from serving as lead plaintiff on these grounds, the court finds that no party has rebutted the presumption in favor of Mississippi PERS as lead plaintiff.”
The ruling also granted Mississippi PERS's request for Radnor, Pennsylvania-based Kessler Topaz Meltzer & Check and Wilmington's Rosenthal, Monhait & Goddess to serve as lead and local counsel.
An attorney for Mississippi PERS did not return a call Friday seeking comment on the ruling. Attorneys for the two other investors were not immediately available to comment.
The lawsuit alleges that Advance Auto, CEO Thomas R. Greco and CFO Thomas Okray for more than a year hid from investors that its acquisition of Carquest had caused “systemic inefficiencies and cannibalization of sales” at a time when the company was facing stiff competition.
According to the complaint, originally filed in February by investor Jewel Wigginton, Advanced Auto had reassured investors in 2016 that the deal had provided the company the opportunity to increase its distribution and further expand its foothold in North America. In the first two quarters of 2017, however, the Advance Auto reported declining store sales and free cash flow guidance, causing the company's stock to plunge to $87.08 per share from $140.66 per share on the day before the class period.
Advance Auto's press shop did not return a call Friday seeking comment on the litigation.
Mississippi PERS is represented by Naumon A. Amjed, Darren J. Check and Ryan T. Degnan of Kessler Topaz and P. Bradford deLeeuw of Rosenthal Monhait.
The company is represented by Douglas P. Baumstein and Susan L. Grace of White & Case in New York and Samuel A. Nolen and Katharine L. Mowery of Richards Layton & Finger in Wilmington.
Teamsters 710 was represented by Danielle S. Myers of Robbins Geller Rudman & Dowd and Jeffrey M. Gorris and Christopher P. Quinn of Friedlander & Gorris. The other investor, Local 338 RWDSU/UFCW Retirement Fund, was represented by Ira M. Press, David A. Bishop and Thomas E. Elrod of Kirby Mcinerney and Peter B. Andrews, Craig J. Springer and David M. Sborz of Andrews & Springer.
The case, in the U.S. District Court for the District of Delaware, is captioned Wigginton v. Advance Auto Parts.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllEagle Pharma Founder Sues Company to Recoup Cost of SEC Investigation
2 minute readPrivate Equity Firm's Counsel to Del. Supreme Court: Forfeiture Provisions Present 'a Choice'
4 minute readDavis Polk Lands Spirit Chapter 11 Amid Bankruptcy Resurgence
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250