To: bob sims who wrote (3864 ) 9/3/1999 12:29:00 PM From: Mighty_Mezz Read Replies (1) | Respond to of 7056
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA JOHN GILPIN, On behalf of Himself and All Others Similarly situated, Plaintiff, vs. HITSGALORE.COM INC., and STEVE BRADFORD, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CLASS ACTION CLASS ACTION COMPLAINT FOR THE VIOLATION OF FEDERAL SECURITIES LAWS JURY TRIAL DEMANDED Plaintiff, individually and on behalf of all others similarly situated, by and through his attorneys, alleges the following upon the investigation made by and through plaintiff's counsel. I. PRELIMINARY STATEMENT 1. For over a period of many months, defendants have concealed from the investing public the fact that they have continuously been committing gross violations of the federal securities laws, including misleading the public as to the current business affairs of defendant Hitsgalore.com, Inc. ("Hitsgalore" or the "Company"). 2. Throughout the Class Period of February 17, 1999 to May 12, 1999, defendants disseminated materially false and misleading statements regarding the Company's current business condition. Specifically, while making positive statements about the strength and growth of the Company, the defendants were aware, but failed to disclose, that its founder, Dorian Reed, along with two other individuals, had been ordered to pay over $600,000 to 100 customers for "false claims made by Internet Business Broadcasting, a failed online advertising company they worked for." The above revelation was in direct contravention to defendants' previous representations. On May 11, 1999, Bloomberg reported that "[o]n Feb. 11, Hitsgalore.com went public by merging with Systems Communications Inc., a publicly traded shell company. In the merger agreement, filed with the SEC, Hitsgalore.com said there were no suits or governmental investigations against any of its officers, directors or employees. It didn't disclose the FTC's case against Reed in its subsequent SEC filings." 3. When the truth of defendants' deception was finally revealed to the public on May 11, 1999, the market's reaction was quick and dramatic. In direct response to the above news, Hitsgalore shares plummeted 53% or $10 3/4 to $9 3/8, on volume of 3.65 million shares, ten times the average daily volume for the past thirty days. 4. As a result of defendants' deceptive and illegal conduct, plaintiff and other class members purchased their Hitsgalore shares at grossly inflated prices. Had plaintiff and the other class members been aware of the true condition of Hitsgalore, they would not have purchased their Hitsgalore shares or at least not at the inflated prices at which they purchased those shares. from secfraud.com