Chimicles & Tikellis LLP Commences Securities Class Action Against PainCare Holdings, Inc. (Amex: PRZ)
30 Mars 2006 - 1:36AM
PR Newswire (US)
HAVERFORD, Pa., March 29 /PRNewswire/ -- Chimicles & Tikellis
LLP has commenced a securities class action against PainCare
Holdings, Inc. ("PainCare" or the "Company"), Randy Lubinsky, its
Chief Executive Officer, and Mark Szporka, its Chief Financial
Officer in the United States District Court for the Middle District
of Florida. The action, Zausmer v. PainCare Holdings, Inc., No.
6:06-cv-00396-GKS-DAB, was brought on behalf of all persons who
purchased or otherwise acquired for value common stock of PainCare
between August 27, 2002 and March 15, 2006 (the "Class"). Excluded
from the Class are defendants, members of their families, and the
directors and officers of PainCare and its subsidiaries. Plaintiff
Zausmer is also represented by the law firms of Cooper, Ridge &
Lantinberg, P.A. and Miller Shea, P.C. PainCare, which has grown
rapidly through acquisitions, announced publicly on March 15, 2006
that it would be restating its financial statements from 2000
through the third quarter of 2005, based upon discussions with the
staff of the Securities and Exchange Commission. According to the
Company's March 15 announcement, PainCare estimates that the total
restatement for the years 2000 to 2004 would be a net negative
$23.5 million. Following this news, shares of PainCare dropped by
12.5% on heavy trading to close at $2.50 per share on March 16,
2006, a drop of over 52% in value from the stock's Class period
high of $5.25. The complaint alleges that PainCare, along with
defendants Lubinsky and Szporka, violated sections 10(b) and 20(a)
of the Exchange Act, and Rule 10b- 5, by issuing a series of public
disclosures that falsely portrayed the Company's financial
conditions and results of operations during the Class Period.
Specifically, the complaint alleges that PainCare's financial
statements were not prepared in compliance with generally accepted
accounting principles and that the Company improperly accounted for
its acquisitions, as well as other non-cash items. The complaint
alleges that the price for PainCare common stock was artificially
inflated during the period from August 27, 2002 to March 15, 2006
because of the false and misleading statements made by the
defendants, and seeks to recover damages for the members of the
Class from the defendants. A copy of the complaint filed in this
action is available from the Court; and can be viewed at
http://www.chimicles.com/. If you are a member of the Class, then
you may move the Court to serve as lead plaintiff of the Class on
or before May 22, 2006. Several notices have been published in
connection with related actions against the same defendants. Those
notices have advised the investing public that May 19, 2006 is the
correct date for filing lead plaintiff motions. Those notices
relied on a defective notice which failed to advise members of the
Class that they had the right to move to serve as lead plaintiff
within 60 days, as required by law. Consequently, we believe that
the correct deadline for the filing of a motion for appointment as
lead plaintiff is May 22, 2006, based upon the date when the first
notice that contained the required information was issued. A lead
plaintiff is a representative party that acts on behalf of other
class members in directing the litigation. Your ability to share in
any recovery will not be affected by your decision whether to move
for appointment as lead plaintiff. If you decide that you wish to
move for appointment as lead plaintiff, you may retain Chimicles
& Tikellis LLP, or other counsel of your choice to serve as
your attorneys. The Court will determine who will be the lead
plaintiff, and that plaintiff will act on behalf of the members of
the Class in directing the litigation. In order to be appointed
lead plaintiff, a class member must file a motion seeking
appointment as lead plaintiff. The Court must then determine that
the class member's claim is typical of the claims of other class
members, and that the class member is the most adequate of those
who have moved to represent the class as lead plaintiff. Under
certain circumstances, one or more class members may together serve
as "lead plaintiff." If you would like to consider serving as a
lead plaintiff or have any questions about this class action, you
may contact: James R. Malone, Jr. () Joseph G. Sauder () Chimicles
& Tikellis LLP One Haverford Center Haverford, PA 19041
1-888-805-7848. Chimicles & Tikellis LLP is a leading class
action law firm with a national practice and with significant
experience representing investors in class actions under the
federal securities laws. Please visit our web site if you would
like more information about our firm. http://www.chimicles.com/.
DATASOURCE: Chimicles & Tikellis LLP CONTACT: James R. Malone,
Jr., , or Joseph G. Sauder, , of Chimicles & Tikellis LLP,
+1-888-805-7848 Web site: http://www.chimicles.com/
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