18.11.2005 22:59:00
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Lerach Coughlin Stoia Geller Rudman & Robbins LLP Files Class Action Suit against Tempur-Pedic International, Inc.
If you wish to serve as lead plaintiff, you must move the Court nolater than 60 days from October 7, 2005. If you wish to discuss thisaction or have any questions concerning this notice or your rights orinterests, please contact plaintiff's counsel, William Lerach orDarren Robbins of Lerach Coughlin at 800/449-4900 or 619/231-1058, orvia e-mail at wsl@lerachlaw.com. If you are a member of this class,you can view a copy of the complaint as filed or join this classaction online at http://www.lerachlaw.com/cases/tempur/. Any member ofthe purported class may move the Court to serve as lead plaintiffthrough counsel of their choice, or may choose to do nothing andremain an absent class member.
The complaint charges Tempur-Pedic and certain of its officers anddirectors with violations of the Securities Exchange Act of 1934.Tempur-Pedic engages in the manufacture, marketing, and distributionof advanced visco-elastic products under the TEMPUR and Tempur-Pedicbrands worldwide.
The complaint alleges that during the Class Period, defendantsmade false and misleading statements regarding the Company's businessand prospects. Then, on September 19, 2005, after defendants had sold$8.3 million worth of their own shares, Tempur-Pedic issued lowerguidance for 2005, sending the Company's shares plummeting, falling28% in one day, from $16.38 per share on September 19, 2005 to $11.70on September 20, 2005.
According to the complaint, defendants knew, but concealed fromthe investing public during the Class Period, the following adversematerial facts: (a) that Tempur-Pedic's market share in thevisco-elastic market was declining, eliminating the Company'sprospects for the 2005 growth defendants had projected; (b) that evenby July 21, 2005, when the Company was publicly faced with the factthat increased competition was rumored to have already negatively hurtthe Company's business, defendants reiterated positive guidance,despite clear signals that such guidance was even more unattainablethan it was when it was first issued; (c) that the Company's strengthvis-a-vis its retail channel and its visco-elastic product line wasnot expanding as defendants claimed; (d) that the Company's "worldwideleadership position" was not "continu(ing) to grow" as defendantsrepeatedly claimed; (e) that the Company was not on track to meet itsgoal of increasing sales in its retail channel by 30%-35%; (f) thatthe Company's offerings and marketing strategy were cannibalizing theCompany's other products; and (g) that as a result of the above, theCompany's FY 2005 projections of $880-$890 million in revenue and$1.10-$1.13 earnings per share were grossly overstated.
Plaintiff seeks to recover damages on behalf of all purchasers ofTempur-Pedic publicly traded securities during the Class Period (the"Class"). The plaintiff is represented by Lerach Coughlin, which hasexpertise in prosecuting investor class actions and extensiveexperience in actions involving financial fraud.
Lerach Coughlin, a 160-lawyer firm with offices in San Diego, SanFrancisco, Los Angeles, New York, Boca Raton, Washington, D.C.,Houston, Philadelphia and Seattle, is active in major litigationspending in federal and state courts throughout the United States andhas taken a leading role in many important actions on behalf ofdefrauded investors, consumers, and companies, as well as victims ofhuman rights violations. Lerach Coughlin lawyers have been responsiblefor more than $20 billion in aggregate recoveries. The Lerach CoughlinWeb site (http://www.lerachlaw.com) has more information about thefirm.
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