Gaynor, Jr., Et Al. V. Fleming Companies, Inc., Et Al. 02-CV-0178
,r _ IN THE UNITED STATES DISTRICT COURT FILED FOR THE EASTERN DISTRICT OF TEXAS U . S . DISTRICT COURT Eastern D+ tract of Texa u TEXARKANA DIVISION `~. L3 03 IN RE FLEMING COMPANIES Master File No. 5 :9241PI ~ JERK SECURITIES LITIGATION CLASS ACTION By Deputy This Document Relates To : All Actions Consolidated Amended Class Action Complain t Lead Plaintiff Jackson Capital Management, LLC, individually and on behalf of all others similarly situated, by its attorneys, alleges the following based upon the investigation of its counsel , except as to allegations specifically pertaining to plaintiff and its counsel, which are based o n personal knowledge . The investigation of counsel is based upon, among other things, a review o f Fleming Companies, Inc .'s ("Fleming" or the "Company") public filings with the United State s Securities and Exchange Commission ("SEC"), press releases issued by the Company, transcript s of the Company's investor conference calls, media reports about the Company, publicly availabl e trading data relating to the price and volume of Fleming's common stock, a review of reports issue d by analysts who follow Fleming, and interviews with a former employee of Fleming . 1. Nature of the Action 1 . Plaintiff brings this action as a class action on behalf of itself and all other persons or entities who purchased Fleming common stock (other than defendants and certain related person s and entities) during the period beginning on May 9, 2001 through September 5, 2002, inclusive (th e k 507376vl /006189 "Class" and "Class Period," respectively), to recover damages caused to the Class by defendants ' violations of the federal securities laws .
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