21st Century Holding Company: Filed Case

• Order Granting In Part Defendants' Motion To Dismiss (1.60 MB)
  SCANNED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 07-61057-CIV COHN/SELTZER IN RE 21st CENTURY HOLDING COMPANY SECURITIES LITIGATION _________________________________/ ORDER GRANTING IN PART DEFENDANTS' MOTION TO DISMISS THIS CAUSE is before the Court upon Defendants' Motion to Dismiss the Consolidated Class-Action Complaint [DE 65] ("Motion"). The Court has considered the Motion, Defendants' Appendix [DE 66] ("Defendants' App."), Plaintiffs' Corrected Memorandum of Law in Opposition [DE 74] ("Response"), Plaintiffs' Appendix [DE 75] ("Plaintiffs' App."), Defendants' Reply [DE 78] ("Reply") and is otherwise advised in the premises.1 On August 20,2008, the Court heard oral argument on the Motion. I. BACKGROUND2 This is a two-count consolidated securities class action brought by purchasers of common stock of 21st Century Holding Company ("21st Century") against 21st Century; 1 The Court can consider documents filed and considered by the SEC. Brvant v. Avado Brands, Inc.. 187 F
  
  
• Consolidated Class Action Complaint For Violations Of Federal Securities Laws (9.60 MB)
  Case 0:07-cv-61057-JIC Document 56 Entered on FLSD Docket 01/22/2008 Page 1 of 96 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 07-61057-CIV-COHN/SELTZER IN RE 21ST CENTURY HOLDING COMPANY SECURITIES LITIGATION JURY TRIAL DEMANDED ______________________________________________/ CONSOLIDATED CLASS ACTION COMPLAINT FOR VIOLATIONS OF FEDERAL SECURITIES LAWS I. INTRODUCTION AND NATURE OF THE ACTION 1. Court-appointed Lead Plaintiffs Kivun Mutual Funds Ltd. and International Brotherhood of Electrical Workers Local 98 (collectively "Lead Plaintiffs" or "Plaintiffs"), individually and on behalf of a proposed class (the "Class") of all purchasers of the common stock of 21st Century Holding Company ("21st Century" or the "Company") between October 3, 2006 and May 3, 2007, inclusive (the "Class Period"), by and through their undersigned counsel, bring suit against 21st Century, Edward J. Lawson ("Lawson"), and James Gordon Jennings III ("Jennings") (2
  
  
• Order Appointing Lead Plaintiff And Lead Counsel (0.57 MB)
  Case 0:07-cv-61057-JIC Document 49 Entered on FLSD Docket 11/20/2007 Page 1 of 14D UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 07-61057-CIV COHN/SELTZER CASE NO. 07-61107-CIV COHN IN RE 21st CENTURY HOLDING COMPANY SECURITIES LITIGATION ____________________________________/ ORDER APPOINTING LEAD PLAINTIFF AND LEAD COUNSEL THIS CAUSE is before the Court upon the Leonard Management Group's Motion for Consolidation, Appointment of Lead Plaintiff and Approval of Lead Plaintiffs Selection of Lead Counsel and Liaison Counsel [Case No. 07-60157, DE 15] ("Leonard Motion"), Motion and Memorandum Of Law In Support Of The Motion To Consolidate Related Actions, Appoint Kivun Mutual Funds Ltd. and International Brotherhood of Electrical Workers Local 98 As Lead Plaintiff and To Approve Lead Plaintiff's Selection of Co-Lead Counsel [Case No. 07-61057, DE 20, 21] ("Kivun Motion"), the Coffman Group's Motion For Consolidation, For Appointment As Lead Plaintiff and For Approval Of Lead
  
  
• Order Consolidating The Actions; Order Granting Motions For Limited Appearances And Setting Hearing On Appointment Of Lead Plaintiffs And Lead Counsel (165 KB)
  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 07-61057-CIV-COHN/SELTZER KIVUN MUTUAL FUNDS LTD., Individually and On Behalf of All Others Similarly Situated, Plaintiffs, vs. 21st CENTURY HOLDING COMPANY, EDWARD J. LAWSON and JAMES G. JENNINGS III, Defendants. ____________________________________________/ CASE NO. 07-61107-CIV-COHN DAVID HUMMEL, Individually and On Behalf of All Other Similarly Situated, Plaintiffs, vs. 21st CENTURY HOLDING COMPANY, EDWARD J. LAWSON and JAMES G. JENNINGS III, Defendants. ____________________________________________/ ORDER CONSOLIDATING THE ACTIONS; ORDER GRANTING MOTIONS FOR LIMITED APPEARANCES AND SETTING HEARING ON APPOINTMENT OF LEAD PLAINTIFFS AND LEAD COUNSEL THIS CAUSE is before the Court upon three Motions for Limited Appearance [Case No. 07-61107, DE 5, 6,13] and four Motions for Consolidation, Appointment of Lead Plaintiff and Lead Counsel [Case No. 07-61107, DE 7, 9, 12; Case No. 07-61057, 1 DE 15, 17, 20].1 The Court has revi
  
  
• Class Action Complaint (103 KB)
  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA ) DAVID HUMMEL, Individually and On Behalf of All Others Similarly Situated, Plaintiff, vs. 21ST CENTURY HOLDING COMPANY, EDWARD J. LAWSON, and JAMES GORDON JENNINGS, III, Defendants. Plaintiff, David Hummel ("Plaintiff"), alleges the following based upon the investigation by Plaintiff's counsel, which included, among other things, a review of the defendants' public documents, conference calls and announcements made by defendants, United States Securities and Exchange Commission ("SEC") filings, wire and press releases published by and regarding 21st Century Holding Company ("21st Century" or the "Company"), securities analysts' reports and advisories about the Company, and information readily available on the Internet, and Plaintiff believes that substantial additional evidentiary support will exist for the allegations set forth herein after a reasonable opportunity for discovery. NATURE OF THE ACTION AND OVERVIEW 1. This is a federal class act
  
  
• Class Action Complaint For Violations Of Federal Securities Laws (1.09 MB)
  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA KIVUN MUTUAL FUNDS LTD., Individually and On Behalf of All Others Similarly Situated, Plaintiff, v. 21ST CENTURY HOLDING COMPANY, EDWARD J. LAWSON and JAMES G. JENNINGS III, Defendants. No. CLASS ACTION COMPLAINT FOR VIOLATIONS OF FEDERAL SECURITIES LAWS JURY TRIAL DEMANDED 1. Plaintiff alleges the following upon personal knowledge as to plaintiff and plaintiffs own acts, and upon information and belief based upon the investigation of plaintiff s attorneys as to all other matters. The investigation includes the thorough review and analysis of public statements, publicly filed documents of 21st Century Holding Company ("21st Century" or the "Company"), press releases, news articles and the review and analysis of accounting rules and related literature. Plaintiff believes that further substantial evidentiary support will exist for the allegations set forth below after a reasonable opportunity for discovery. SUMMARY OF ACTION 2.
  
  

• NOTICE OF HEARING ON PROPOSED SETTLEMENT OF CLASS ACTION (110 KB)
  SPECIAL NOTICE THIS NOTICE MAY AFFECT YOUR RIGHTS PLEASE READ IT CAREFULLY NOTICE OF PENDENCY OF CLASS ACTION AND PRELIMINARY APPROVAL OF SETTLEMENT REGARDING AUTOMOBILE INSURANCE PREMIUMS CHARGED TO SOME PERSONS WHO WERE INSURED WITH 21st CENTURY INSURANCE COMPANY SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES AMBER MACKAY, an Individual, on Behalf of Herself and All Others Similarly Situated; JACQUELINE LEACY, an Individual, on Behalf of Herself and All Others Similarly Situated, ) Case No. BC297438 ) ) NOTICE OF HEARING ON PROPOSED SETTLEMENT OF CLASS ACTION Plaintfs, v. ) ) 21ST CENTURY INSURANCE ) COMPANY, a Corporaton, and DOES ) 1 through 100, inclusive, ) Defendants. TO: ALL PERSONS WHO PURCHASED A CALIFORNIA PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY ISSUED BY 21ST CENTURY INSURANCE COMPANY WITH A POLICY EFFECTIVE DATE ON OR AFTER OCTOBER 1, 1997, AND BEFORE OCTOBER 31, 2005 AND WHO PAID INCREASED PREMIUMS DUE TO A LACK OF PRI