Case 1 : 08-cv-11064 - NMG Document 1 Filed 06/23 /2008 Page 1 of 20 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Thomas G. Keefe and Dawn K. Keefe, ) individually and on behalf of those ) similarly situated ) Plaintiffs, ) CIVIL ACTION NO, ) vs. ) Evergreen Investment Management Co LLC, ) JURY TRIAL DEMANDED Evergreen Fixed Income Trust, Evergreen ) Investment Services, Inc., -and Evergreen ) Distributor, Inc., Dennis H. Ferro, Kasey ) .Phillips, Charles A. Austin III, Shirley L. ) Fulton, K. Dun Gifford, Leroy Keith, Jr., ) Gerald M. McDonnell, Patricia B. Norris, ) William Walt Pettit, David M. Richardson, ) Russell A. Salton III, Michael S. Scofield, ) Richard J. Shima, and Richard K. Wagoner, ) Defendants. CLASS ACTION COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS 1. Plaintiffs Thomas G. Keefe and Dawn K. Keefe (the "Plaintiffs") bring. this litigation on their own behalf, and in a representative capacity on behalf of a class of other investors, and make the following allegations based upon an investigation by Plaintiffs' counsel of, among other things, publicly available securities filings, news articles and other mass media reports, analyst reports, press releases, investor communications and other public statements issued by Evergreen Funds, Evergreen Investments, Wachovia Global Asset Management, Wachovia Corporation, and/or certain of their officers, directors or trustees concerning the Evergreen Ultra Short 1
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Case 1 : 08-cv-11064 -NMG Document 1 Filed 06/23/2008 Page 1 of 20
UNITED STATES DISTRICT COURTDISTRICT OF MASSACHUSETTS
Thomas G. Keefe and Dawn K. Keefe, )individually and on behalf of those )similarly situated )
Plaintiffs, ) CIVIL ACTION NO,)
vs. )
Evergreen Investment Management Co LLC, ) JURY TRIAL DEMANDEDEvergreen Fixed Income Trust, Evergreen )Investment Services, Inc., -and Evergreen )Distributor, Inc., Dennis H. Ferro, Kasey ).Phillips, Charles A. Austin III, Shirley L. )Fulton, K. Dun Gifford, Leroy Keith, Jr., )Gerald M. McDonnell, Patricia B. Norris, )William Walt Pettit, David M. Richardson, )Russell A. Salton III, Michael S. Scofield, )Richard J. Shima, and Richard K. Wagoner, )
Defendants.
CLASS ACTION COMPLAINTFOR VIOLATION OF THE FEDERAL SECURITIES LAWS
1. Plaintiffs Thomas G. Keefe and Dawn K. Keefe (the "Plaintiffs") bring.
this litigation on their own behalf, and in a representative capacity on behalf of a class of
other investors, and make the following allegations based upon an investigation by
Plaintiffs' counsel of, among other things, publicly available securities filings, news
articles and other mass media reports, analyst reports, press releases, investor
communications and other public statements issued by Evergreen Funds, Evergreen
Investments, Wachovia Global Asset Management, Wachovia Corporation, and/or
certain of their officers, directors or trustees concerning the Evergreen Ultra Short
1
Case 1:08-cv-11064-NMG Document 1 Filed 06/23/2008 Page 2 of 20
Opportunities Fund (the "Fund") (collectively referred to as "Defendants"). Plaintiffs
believe that substantial additional, evidentiary support for Plaintiffs' allegations will be
obtained after a reasonable opportunity to conduct discovery of the Defendants.
NATURE OF THE ACTION
2. This is a securities class action on behalf of all persons and entities, other
than Defendants and certain other individuals and entities identified below, who, within
three years of the filing of this lawsuit, purchased or otherwise acquired shares of the
Fund pursuant or traceable to a Registration Statement, Prospectus and/or registration
statement amendments and prospectus supplements of the Fund ("Registration
Statement/Prospectus") and who seek to pursue remedies under Sections 11, 12(a)(2)
and 13 of the Securities Act of 1933 (the "Securities Act") (the "Class").
JURISDICTION AND VENUE
3. The claims asserted herein arise under and pursuant to 15 U.K. §§77k,
771(a)(2) and 77o (Sections 11, 12(a)(2) and 15 of the Securities Act). In connection with
the acts complained of, Defendants, directly or indirectly, used the means and
instrumentalities of interstate commerce, including, but not limited to, the mails,
interstate telephone communications and the facilities of the national securities markets.
4. This Court has jurisdiction over the subject matter of this action pursuant
to 28 U.S.C. §1331 and 15 U.S.C. §77v (Section 22 of the Securities Act).
5, Venue is proper in this District pursuant to 28 U.S.C. §1391(b) because the
management of the Fund is based out of, and its primary operations are conducted in
this District. Indeed, the investment decisions were made and the challenged materially
false and misleading statements were issued from within this District.
2
Case 1:08-cv-11064-NMG Document 1 Filed 06/23/2008 Page 3 of 20
6. In connection with the acts alleged in this complaint, Defendants, directly
or indirectly, used the means and instrumentalities of interstate commerce, including,
but not limited to, the mails, interstates telephone communications and the facilities of
the national securities markets.
PARTIES
7. Plaintiffs, Thomas G. Keefe and Dawn K. Keefe, acquired 5,144 shares of
the Fund pursuant and/or traceable to the Registration Statement/Prospectus during
the Class Period. Plaintiffs have been damaged thereby. A certification of Plaintiffs'
Case 1:08-cv-11064-NMG Document 1 Filed 06/23/2008 Page 19 of 20
David P. Meyer & Associates Co.. LPA1320 Dublin Road. Ste. 100Columbus, Ohio 43215I- 66-927-6537Taww.dmlawsnom
Exhibit A
CERT.J ICATION OF 1LAINTIFF PURSUANT TO FEDERAL SECURITIES LAWSand.. DGa wo K.
Thomas G. Keefe!("Plaintif "), declares as to the claims asserted, or to be asserted , under the federal securities laws, that:
1. Plaintiff- has reviewer the Evergreen Ultra Short Opportunities Fund UBA complaint.
2. Plaintiff did not purchase any common stack/securities that are the subject of this action at the direction ofplaintiff's counsel or inorder to participate in any private action under the federal securities laves,
2. Plaintiff is Wilting to serve as a representative party on behalfof the class, including providing testimony at deposition and tsiai, ifnecessary- I understand that this is not a ciaim.form,. and that zny ability to -sham in any recovery as a member of the class is not.dependent upon execution of this Plaintiff Certification.
3. MFORE the start of the Class Period, Plaintiff-hold '46 S p shares of Evergreen Ultra Short Opportunities FundA common stock/sccurities.
4, 1%e.foilowwing includes ail. of Plaintiffs transactions DURING the Class Period specified in the. complaint for the commonstock/securities that are the subject of this action:
SECURITY-(Colsunon Sioclt, Cali, Put, Bonds)
TRANSACTION(Purchase, side),
QUANTITY TRADE
DATEFRI
SHAR
.
EIMITY
EUBAX -.5. as A +eWL4
Please list additional transactions on a se arate sheet if necessary.
2. Plaintiffs s1 ares were ofheck $ll auniyl: q )RA IJEtuplayer sponsored plan (401 K, 403% etc.)
3. Plaintiff has not sought to serve or served as a representative party for a class in an action filed under the federal securities lawswithin the past three years, unless otherwise stated in the space below:
4. Plaintiff will not accept any payment for serving as a representative party on behalf ofthe class beyond Plaintiffs pro rata share ofany recovery, except such reasonable costs and expenses (including lost wages) directly relating to the representation of the classas. ordered or approved by the court.
1 declare under penalty of perjury that the foregoing is true and oarrect. Executed thisa day of June, 2008,
Sl '1 URE
Currently Viewing S ountRealized Gain!Loss
EVERGREEN ULTRA SHORT Back To i2008 Realized GainlL.ass Detail to
Purchase Date Sale Date QuantityPu rchase Price Purchase Sale Price Sale Realized
FGtaF raalfze'i ai 's doaa not in lode posrliof75 wthou? a com, basis
ePtiesa Note The "Peairec Gai,"Xo is' lnfomatien may insl,'de cac,ie?ron s basal uppn non- Vas irnanoi& Ser icez Iris. CoJst bas"'s irwotmeUcu. Ir ft,,
independently verify or 9uarenlee the accuracy or validity o`anyin/olmstiap piovided by sources othor than UPS Financial Services inc. -in addition, if
positions with jnaveiiable cost basis, the reeI2ed 9atnflOSs for These posiJons are excluded in tho ^_et uletio rl f the 'total Realized Ci8if2roaa As a rr+!
rto{ bQ &ccurete 40d rare prnutded for 1n!ormalto13aipurp sea only. C1?en#s strut ? rai rery on This it fafrnafinn ii making purchase or soil dacis'orla. for to
atherwiee. l &y nn`r o't year-end tax `onus when prepa; irg your t&.s r:,rturn
Friday. June 20, 2008
@ USS1998-'5006. Al rights reserved. Wealth Management services in the United States we provided by UB8 Financial Services Inc., a regieterf d bro
Case 1:08-cv-1 1064-NMG
.JS 44 (Rev. 12107)
Document 1-2 Filed 06/23/2008 Page 1 of 2
CWLL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadin or otherpapers as required by law, except as providedby local rules of court. This form, approved by the Judicial Conference ofthe United States in September 1974, is required for
gsthe use of the Clerk of Court for the purpose of initiating
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
I. (a) PLAINTIFFSThomas G. Keefe and Dawn K. Keefe
(b) County of Residence of First Listed Plaintiff York, VA
(EXCEPT IN U.S. PLAINTIFF CASES)
(C) Attorney ' s (Firm Name, Address, and Telephone Number)
3. Title and number, if any, of related cases . (See local rule 40.1(g)). If more than one prior related case has been filed in thisdistrict please indicate the title and number of the first filed case in this court.
None
4. Has a prior action between the same parties and based on the same claim ever been filed in this court?
YES q NO
5. Does the complaint in this case question the constitutionality of an act of congress affecting the public interest? (See 28 USC§2403)
YES q NO q3
If so, is the U .S.A. or an officer, agent or employee of the U . S. a party?
YES q NO q
6. Is this case required to be heard and determined by a district court of three judges pursuant to title 28 USC §2284?
YES q NO
7. Do all of the parties in this action , excluding governmental agencies of the united states and the Commonwealth ofMassachusetts ("governmental agencies "), residing in Massachusetts reside in the same division? - (See Local Rule 40.1(d)).
YES Z NO q
A. If yes , In which division do all of the non-governmental parties reside?
Eastern Division q3 Central Division q Western Division q
B. If no, in which division do the majority of the plaintiffs or the only parties, excluding governmental agencies,residing in Massachusetts reside?
Eastern Division q Central Division q Western Division q
8. If filing a Notice of Removal - are there any motions pending in the state court requiring the attention of this Court? (If yes,submit a separate sheet identifying the motions)
YES q NO q
(PLEASE TYPE OR PRINT)
ATTORNEY'S NAME David J. Worle
ADDRESS Page Perry. LLC 1040 Crown Pointe Parkway. Suite 1050. Atlanta. GA 30338