Global Power Equipment Group Inc. (OTCMKTS:GLPW) Files An 8-K Other EventsItem 8.01 Other Events.
As previously reported, stockholders of Global Power Equipment Group Inc. (the “Company”) filed a putative class action against the Company and three of its former officers in the United States District Court for the Northern District of Texas. Plaintiffs brought claims under Sections 10(b)and 20(a)of the Securities Exchange Act of 1934, as amended, on behalf of a purported class of stockholders who acquired shares of the Company during the period from September7, 2011, through May6, 2015. On May1, 2017, following the Company’s March15, 2017 restatement, plaintiffs filed a Second Amended Complaint. The Second Amended Complaint alleged that a September7, 2011 current report on Form8-K and every quarterly report on Form10-Q and annual report on Form10-K filed by the Company from March14, 2012 through May6, 2015 contained false and misleading information.
On June26, 2017, the Company and the other defendants moved to dismiss the Second Amended Complaint in its entirety. On December27, 2017, the Court issued a Memorandum Opinion and Order granting the motion. The Court found that, with respect to each of the defendants, plaintiffs failed to plead facts supporting a strong inference of scienter, or the required intent to deceive, manipulate or defraud, or act with severe recklessness. The Court also ruled that plaintiffs failed to allege loss causation with regard to certain alleged misstatements made in connection with the 2011 sale of the Company’s Deltak, L.L.C. subsidiary. Finally, the Court also dismissed plaintiffs’ “control person” claims under Section20(a)in light of the Court’s dismissal of the underlying Section10(b)claims.
The Court granted plaintiffs leave to further amend their complaint to attempt to address the defects identified in the Court’s Memorandum Opinion and Order. Plaintiffs have until January15, 2018, to file an amended complaint. Alternatively, if plaintiffs determine not to file a further amendment, they may appeal the District Court’s decision to the United States Court of Appeals for the Fifth Circuit.