J C Penney Company Inc (NYSE: JCP) Investor Securities Class Action Lawsuit 10/01/2013

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Company Name(s): 
J.C. Penney
Case Name: 
J.C. Penney Shareholder Class Action Lawsuit 10/01/2013
Case Status: 
Lawsuit Filed
Case Status: 
Settlement Proposed
Affected Securities
NYSE: JCP
Lawsuit Overview
Type of Lawsuit: 
Shareholder Class Action
Date Filed: 
10/01/2013
Class Period Begin: 
08/20/2013
Class Period End: 
09/26/2013
Court of Filing: 
U.S. District Court for the Eastern District of Texas
Deadline To File for Lead: 
12/02/2013
Date Settled: 
07/24/2017
Settlement Amount: 
$97,500,000
Deadline to Participate in Settlement: 
11/06/2017
Summary: 

The settlement includes all persons who purchased or otherwise acquired J C Penney Company Inc (NYSE: JCP) common stock or exchange-traded call options, or who sold exchange-traded J C Penney Company Inc put options, between August 20, 2013 and September 26, 2013.

July 24, 2017 - The court preliminarily approved the settlement.

June 14, 2017 - Parties filed a stipulation of settlement.

July 18, 2014 - The lead plaintiff filed an amended consolidated complaint.

February 28, 2014 - The lead plaintiff and lead counsel were appointed and all cases were consolidated.

December 6, 2013 - An additional lead plaintiff motion was filed.

December 2, 2013 - Lead plaintiff motions were filed.

October 7, 2013 - An investor in shares of J C Penney Company Inc (NYSE: JCP) filed a lawsuit in the U.S. District Court for the Eastern District of Texas against J C Penney Company Inc over alleged violations of Federal Securities Laws in connection with certain allegedly false and misleading statements made between August 20, 2013 and September 26, 2013.

According to the complaint the plaintiff alleges on behalf of all persons or entities who purchased or otherwise acquired securities of J C Penney Company Inc (NYSE: JCP) between August 20, 2013 and September 26, 2013, that J C Penney Company Inc and certain of its officers and directors violated federal securities laws pursuant to Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder.

On August 20, 2013, J C Penney Company Inc reported its 2013 fiscal second quarter results. During a conference call to the question “looking forward do you think you would need any additional outside liquidity?” the J C Penney Company Inc's CFO responded with “We’re certainly, as we look through the end of the year, the $1.5 billion of liquidity that we have projected we are not assuming that we need any additional financing.”

However, the plaintiff claims that defendants failed to disclose and/or misrepresented adverse facts, including that J C Penney Company Inc would have insufficient liquidity to get through year-end and would require additional investments to make it through the holiday season, and that J C Penney Company Inc was concealing its need for liquidity so as not to add to its vendors' concerns. The plaintiff says that as a result of defendants' allegedly false statements, J C Penney Company Inc's stock traded at artificially inflated prices between August 20, 2013 and September 26, 2013, reaching a high of $14.47 per share on September 9, 2013.

Then on Sept. 26, 2013, J C Penney Company Inc announced a proposed Public Offering of Common Stock. J C Penney Company Inc said that it has commenced an underwritten public offering of 84.0 million shares of its common stock and that it intends to use the net proceeds from the offering for general corporate purposes. Based upon a closing price for NYSE: JCP shares of $10.42 on September 26, 84 million NYSE: JCP shares would sell for $875.28 million.

Shares of J C Penney Company Inc (NYSE: JCP) declined from $14.47 per share in early September 2013 to a close of $8.75 per share on October 1, 2013.