The complaint charges Fenix and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Fenix engages in the auto recycling business in the United States and Canada. It is involved in recycling and reselling original equipment manufacturer parts, components, and systems.
The Complaint alleges that throughout the Class Period, Defendants made false and/or misleading statements and/or failed to disclose that: (1) Fenix had an inadequate inventory valuation methodology; (2) Fenix had an inadequate methodology to calculate goodwill impairment; (3) Fenix was engaging and/or had engaged in conduct that would result in an SEC investigation; and (4) as a result, Defendants' statements about Fenix's business, operations, and prospects, were materially false and misleading and/or lacked a reasonable basis at all relevant times. When the true details entered the market, the lawsuit claims that investors suffered damages.
On August 16, 2016, Fenix filed a notification of late filing of its Form 10-Q for the second quarter of 2016 with the SEC. According to the Company, a recent change in auditors was the principal reason for the delay. On this news, shares of Fenix fell approximately 5% to close at just $4.48 per share on August 17, 2016.
Then on October 13, 2016, Fenix filed its Form 8-K with the SEC, disclosing that due to its failure to file its Form 10-Q for the second quarter of 2016 on time, NASDAQ had issued it a notice of delisting. Additionally, Fenix provided more detail on the delay of the filing of its Form 10-Q for the second quarter of 2016, announcing that it was in receipt of a subpoena from the SEC demanding production of documents concerning, among other things, Fenix's recent change of auditors as well as its potential lack of internal controls .
On this news, shares of Fenix Parts fell over 11% during intraday trading on October 13, 2016.
If you are a member of the class, you may, no later than March 13, 2017, request that the Court appoint you as lead plaintiff of the class. A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class. Under certain circumstances, one or more class members may together serve as "lead plaintiff." Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. You may retain RM LAW, P.C. or other counsel of your choice, to serve as your counsel in this action.
For more information regarding this, please contact RM LAW, P.C. (Richard A. Maniskas, Esquire) toll-free at (844) 291-9299 or by email at firstname.lastname@example.org or visit: www.maniskas.com. For more information about class action cases in general or to learn more about RM LAW, P.C. please visit our website: www.maniskas.com.
RM LAW, P.C. is a national shareholder litigation firm. RM LAW, P.C. is devoted to protecting the interests of individual and institutional investors in shareholder actions in state and federal courts nationwide.
CONTACT: RM LAW, P.C.
Richard A. Maniskas, Esquire
1055 Westlakes Dr., Ste. 3112
Berwyn, PA 19312
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SOURCE RM LAW, P.C.