March 10, 2008 11:59 ET
Berman DeValerio Announces Shareholder Suit Against EnerNOC, Inc.
BOSTON, MA--(Marketwire - March 10, 2008) - An investor has sued EnerNOC, Inc. ("EnerNOC" or
the "Company") (NASDAQ: ENOC) in federal court, accusing the company of
securities law violations, Berman DeValerio announced today.
Berman DeValerio (www.bermanesq.com) filed the class action complaint on
March 4, 2008 in the U.S. District of Massachusetts. The complaint, filed
as 08-cv-10361-RWZ, seeks damages for violations of federal securities laws
and remedies under the Securities Act of 1933 (the "Securities Act") and
the Securities Exchange Act of 1934 (the "Exchange Act").
The class action was filed on behalf of all investors who acquired EnerNOC
securities from November 1, 2007, through and including February 27, 2008,
and purchasers of EnerNOC common stock pursuant to Prospectus on Form 424B4
between November 13, 2007, through and including February 27, 2008 (the
"Class Period"). With executive offices in Boston, EnerNOC develops and
provides demand response and energy management solutions to utilities and
other commercial clients.
To receive a copy of the complaint, you may contact the court, call Berman
DeValerio's Boston office at (800) 516-9926, or click here to download a
copy.
The lawsuit claims that EnerNOC and a number of individual defendants
violated Sections 11 and 15 of the Securities Act and Sections 10(b) and
20(a) of the Exchange Act, 15 U.S.C. Sections 78j (b) and 78t(a) and Rules
10b-5 promulgated thereunder by the Securities and Exchange Commission
("SEC"), 17 C.F.R. Section 240.10b-5.
According to the complaint, the defendants made materially false and
misleading statements about EnerNOC's financial results during the Class
Period, some contained in SEC filings. In particular, the complaint says
that: (a) defendants knew, but failed to adequately reveal to the investing
public, that expenses were rising faster than revenues, creating a negative
trend; and (b) that the increasing number of megawatts under management
involved prolonged lags in the Company's ability to recognize revenue. As a
result, plaintiff and other members of the Class acquired EnerNOC common
stock at artificially inflated prices during the Class Period.
If you acquired EnerNOC securities from November 1, 2007, through and
including February 27, 2008, and/or were purchasers of the Company's common
stock pursuant to Prospectus on Form 424B4 between November 13, 2007,
through and including February 27, 2008, you may wish to contact the
following attorneys at Berman DeValerio to discuss your rights and
interests.
Leslie R. Stern, Esq.
Bryan A. Wood, Esq.
One Liberty Square
Boston, MA 02109
(800) 516-9926
law@bermanesq.com
If you wish to apply to be the lead plaintiff in this action, a motion on
your behalf must be filed with the court no later than May 5, 2008. You may
contact the attorneys at Berman DeValerio to discuss your rights regarding
the appointment of lead plaintiff and your interest in the class action, or
you may submit information online by clicking here.
Please note, you may also retain counsel of your choice and need not take
any action at this time to be a class member.
Berman DeValerio prosecutes class actions nationwide on behalf of
institutions and individuals, chiefly victims of securities and antitrust
law violations. The firm has 30 lawyers in Boston, San Francisco and West
Palm Beach, Florida.