Contact Information: Contact: Peretz Bronstein or Eitan Kimelman Bronstein, Gewirtz & Grossman, LLC 212-697-6484
Bronstein, Gewirtz & Grossman, LLC Announces That a Class Action Has Been Filed Against Rackable Systems, Inc.
| Source: Bronstein, Gewirtz & Grossman, LLC
NEW YORK, NY--(Marketwire - January 22, 2009) - Bronstein, Gewirtz & Grossman, LLC announces
that a class action lawsuit has been filed in the United States District
Court for the Northern District of California on behalf of those who
purchased or otherwise acquired the securities of Rackable Systems, Inc.
("Rack" or the "Company") (NASDAQ : RACK ) between October 30, 2006 and April
4, 2007, inclusive (the "Class Period").
The Complaint alleges that throughout the class period defendants
deliberately or recklessly disregarded that their public statements
concerning the Company's business, operations and prospects were materially
false and misleading. Specifically, the Complaint alleges that defendants'
public statements were false and misleading or failed to disclose or
indicate the following: (1) that the Company was experiencing competitive
pressure; (2) that competition was increasing; (3) that, due to increasing
competition, the Company was able to maintain and expand its customer base
only by aggressively lowering its contract prices; (4) that, as such, the
Company was experiencing dramatic erosion of gross margin attainment in the
Company's largest accounts as focused competitors aggressively dropped
prices; (5) that price increases for DDR (double data rate) memory were
accelerating faster than the Company represented to investors; (6) that, as
a result of the above, the Company was unlikely to meet its quarterly gross
margin targets; (7) that the Company lacked effective internal and
financial controls; and (8) as a result of the foregoing, that statements
made by the Company and management during the Class Period concerning the
Company's business, operations and prospects were lacking any reasonable
basis.
On January 17, 2007, shares of Rack declined $12.44 per share, more than
38%, to close at $19.98 per share, on unusually heavy trading volume. The
decline in the stock was as a result of the news that was reported one day
earlier. Rack shocked the market when it reported preliminary financial
results for the fourth quarter 2006 and that the Company had achieved a
gross margin of between only 19.2% and 19.7%.
Racks shares continued their downward slide once again on April 4, 2007.
Rack further shocked the market when the Company revealed that its GAAP and
non-GAAP gross margins for first quarter 2007 would be approximately 30%
lower than the Company's previously communicated expectations and that the
primary factor impacting gross margins in the first quarter was the
intensity of competition in the Company's three largest accounts. On this
news, shares of Rack declined $2.64 per share, more than 15%, to close on
April 5, 2007, at $14.24 per share, on unusually heavy trade volume.
No Class has yet been certified in the above action. If you wish to review
a copy of the Complaint, to discuss this action, or have any questions,
please contact either Peretz Bronstein or Eitan Kimelman of Bronstein,
Gewirtz & Grossman, LLC at 212-697-6484 or via email eitan@bgandg.com.
Those who inquire by e-mail are encouraged to include their mailing address
and telephone number. March 17, 2009 is the deadline for investors to seek
a lead plaintiff appointment.
Bronstein, Gewirtz & Grossman, LLC is a corporate litigation boutique. Our
primary expertise is the aggressive pursuit of litigation claims on behalf
of our clients. In addition to representing institutions and other
investor plaintiffs in class action security litigation, the firm's
expertise includes general corporate work, private securities offerings,
and securities arbitration.