Bruce S. Sherman, Et Al. V. the Fresh Market, Inc., Et Al. 17-CV-00179
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF NORTH CAROLINA BRUCE S. SHERMAN and BRUCE & CYNTHIA SHERMAN CHARITABLE FOUNDATION, Case No. INC., Individually and on behalf of all others similarly situated, CLASS ACTION COMPLAINT FOR VIOLATIONS OF SECTIONS 14(d)(4), Plaintiffs, 14(e) AND 20(a) OF THE SECURITIES EXCHANGE ACT OF 1934 v. THE FRESH MARKET, INC., RAY BERRY, JURY TRIAL DEMANDED RICHARD A. ANICETTI, MICHAEL CASEY, JEFFREY NAYLOR, RICHARD NOLL, BOB SASSER, ROBERT SHEARER, MICHAEL TUCCI, STEVEN TANGER, JANE THOMPSON, APOLLO GLOBAL MANAGEMENT, LLC, APOLLO MANAGEMENT VIII, L.P., POMEGRANATE HOLDINGS, INC., and POMEGRANATE MERGER SUB, INC., Defendants. Plaintiffs Bruce S. Sherman and Bruce & Cynthia Sherman Charitable Foundation, Inc. (“Plaintiffs”), by and through their attorneys, allege the following upon personal knowledge as to themselves, and upon information and belief as to all other allegations herein, based upon, among other things, the investigation of counsel, which included a review of U.S. Securities and Exchange Commission (“SEC”) filings by The Fresh Market, Inc. (“Fresh Market” or “Company”), as well as regulatory filings and reports, securities analysts’ reports and advisories about Fresh Market, press releases and other public statements issued by Fresh Market, media reports about Fresh Market, and a publicly filed verified complaint which incorporated information gained from an inspection of Fresh Market’s corporate books and records, and believe that substantial additional evidentiary support will exist for the allegations set forth Case 1:17-cv-00179-TDS-JEP Document 1 Filed 03/03/17 Page 1 of 54 herein after a reasonable opportunity for discovery. SUMMARY OF THE ACTION 1.
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