Law Firm Announces Monday as Final Date to Move for Lead Plaintiff In Goodyear Securities Litigation
Announcement Comes as Goodyear Releases Losses for Four Quarters And Delays Filing Amended 2002 10-K Report; Papers Must Be Filed By 5 pm USA Eastern Time
CHAGRIN FALLS, Ohio, Dec. 21 -- Scott + Scott, LLC (nrothstein@aol.com or scottlaw@scott-scott.com), a law firm with a national practice with offices in Ohio, Connecticut and California, and the first firm to file this case on October 23, 2003, announces that any person, institution, fund or entity that purchased or acquired THE GOODYEAR TIRE & RUBBER COMPANY securities between October 22, 1998, and October 22, 2003, inclusive (the "Class Period"), who desires to be appointed a lead plaintiff in this action must seek appointment by December 22, 2003 (Monday- 5 PM- USA- Eastern Standard Time).
The complaint is on behalf of a class consisting of all persons (other than defendants) who acquired Goodyear securities during the Class Period and were damaged thereby. Those who purchased debt pursuant to offerings on 3/12/98, 3/18/98, 3/16/00 (two offerings) and 8/13/01 are also included in this lawsuit.
If you wish to discuss this action, have any questions concerning this notice, your rights with respect to this matter or any other securities fraud matter please contact Neil Rothstein, Esq., (Telephone: 619/251-0887; e-mail: nrothstein@aol.com), or Scott + Scott, LLC, 401 B Street, Suite 307, San Diego, California 92101 (Toll free: 800/404-7770; Fax: 619/233-0508). You can also fax Mr. Rothstein at 619/296-9770.
The complaint filed by the law firm on behalf of clients cites Goodyear and various individual defendants including SAMIR G. GIBARA, ROBERT W. TIEKEN, ROBERT J. KEEGAN, and STEPHANIE W. BERGERON with violation of the Securities Exchange Act of 1934 (the "Exchange Act"). In addition, Scott + Scott clients recently added a claim under the Sarbanes-Oxley Act of 2002 for disgorgement of unearned performance-based compensation of the individual defendants. The complaint asks the top executives to forfeit and return compensation not earned and place it in a constructive trust pending the outcome of this case.
A copy of the complaint filed in this action on behalf of investors is available from the Court or can be obtained by calling Scott + Scott, LLC at 800/404-7770, e-mailing nrothstein@aol.com or going to the firm's website (www.scott-scott.com) and clicking on "IN THE NEWS."
Goodyear is an Akron, Ohio-based manufacturer of tires and rubber products with worldwide operations. During the Class Period, Goodyear filed financial reports with the SEC which purported to accurately reflect the Company's operating results and financial condition. Unbeknownst to class members, the financial information contained in the Company's SEC filings overstated Goodyear's net income and shareholder equity by hundreds of millions of dollars.
As a result, the Company has disclosed that it will restate its results "for the years 1998-2002 and for the first and second quarters of 2003." The Company, however, has now delayed the release of detailed third quarter 2003 results. On November 20, 2003, as the Securities and Exchange Commission launched an informal review of the Company's restatement dating back to 1998, the Company announced that third-quarter losses totaled $105.9 million vs. a $32.7 million earning in the same period one year earlier. Additionally, the Company announced that it would be cutting another 1,200 jobs in addition to the 2,600 jobs eliminated earlier this year and the previously announced plan to cut 1,100 positions when the tire plant in Huntsville, Alabama, closed on or about December 5, 2003. More recently, on December 10, 2003, Goodyear stated it will not be filing its amended 2002 10-K report until it reviews possible improper accounting issues in Europe. Following this announcement, Standard & Poors stated it might cut its rating on the Company.
On December 20, 2003 the Company reported quarterly losses in the thousands as follows:
30-Sep-03: (95,500) 30-Jun-03: (73,600) 31-Mar-03 (163,300) 31-Dec-02 (1,105,200)
Scott + Scott is engaged in the representation of funds, foundations, endowments, institutions, pension funds, individuals and other entities throughout the world in securities, antitrust and other complex class and non- class action litigation. The firm maintains the highest standards for client satisfaction and communication. The firm's attorneys litigate in both state and federal courts throughout the nation. The firm has been appointed lead counsel in cases nationwide, including the ongoing ImClone and Northwestern Energy Securities Litigation. The firm also recently settled cases against Mattel, Sprint and Emulex in which it was lead counsel and recovered hundreds of millions of dollars for shareholders in those cases. Also filing this lawsuit with Scott + Scott is Kirk Migdal Esq., Akron, Ohio, and the law firm of Tzangas, Plakas, Mannos & Recupero of Akron and Canton, Ohio.