Re - MORE INFO ON GAYLE ESSARY COMES TO LIGHT
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PARTIES
10. Plaintiff Mark F. Backhaus purchased shares of Streamedia common stock pursuant to the Company’s Prospectus filed in connection with its IPO, which was commenced on December 22, 1999. His signed certification, executed pursuant to the federal securities laws, is attached hereto.
11. Streamedia is a Delaware corporation that claims to provide website owners and content publishers with cost-effective services and tools for streaming, or broadcasting, live and on demand video and audio content over the Internet. The Company also operates a so-called .broadcast content website,. Bijou Cafe, at www.bijoucafe.com. The Company claims to have two primary components: it acts as an Internet content publisher and broadcaster, and as a business-to-business service bureau, to assist other businesses to publish and broadcast their content on the Web.
12. Defendant James D. Rupp ("Rupp") was the President and Chief Executive Officer and a director of the Company from its inception until October of 2000, when he resigned his management role, though he continued to serve as a director. In addition, Rupp signed the Prospectus filed in connection with the Company’s IPO. Rupp has been President and CEO of Capital Markets Communications Corporation a publisher of a number of Internet micro-cap stock
promotion newsletters including StreetSignals, TradeSignals, PowerSignals, AmexWire and the Waaco Kid.s Forum, among others.
13. Defendant Gayle Essary (.Essary.) was a founder, the Chairman and Vice President of the Company from its inception until his termination by the Company in March of 2001. In addition, Essary signed the Prospectus filed in connection with the Company’s IPO. Essary has also been Chairman of Investors Research Institute, an organization aimed at promoting the stock of microcap companies to individual investors. He is, and has been, an executive officer of several other companies that operate Internet stock promotion newsletters including HotStocks@StreetLevel, the Waaco Kid.s Forum and a number of others.
14. Defendant Walter Hollenberg ("Hollenberg") was the Vice President of Technology for Streamedia from July 1999 until sometime in 2000 and is listed in the Prospectus as an executive officer of the Company.
15. Defendant Nicholas Malino ("Malino") was the Chief Financial Officer of the Company beginning in November of 1998 and also served as Executive Vice President and Chief Operating Officer from August of 1999 until his resignation in October of 2000. In addition, Malino signed the Prospectus filed in connection with the Company’s IPO.
16. Defendant Henry Siegel (.Siegel.) was at all relevant times a director of the Company and in October of 2000, Seigel became the Chief Executive Officer of the Company. In addition,
Seigel signed the Prospectus filed in connection with the Company’s IPO.
17. Defendants Robert J. Wussler and David J. Simonetti were, at all relevant times, directors of Streamedia, and they each signed the Prospectus filed in connection with the Company’s IPO.
18. For purposes of this Complaint, the individual defendants identified in ¶¶12-17 shall be referred to herein as the "Individual Defendants."
19. Defendant Capital West Securities, Inc. (.Capital West.) is an Oklahoma corporation principally located at 211 North Robinson Street, Suite 200, Oklahoma City, OK, 73102-7101. Capital West is an NASD registered broker/dealer and acted as a lead underwriter and as corepresentative
for the underwriting group in the IPO.
20. Defendant Institutional Equity Corporation (.IEQ.) is an Oklahoma corporation principally located at 5910 North Central Expressway Ste. 1480, Dallas, TX 75206. IEQ is an NASD registered broker/dealer and acted as a lead underwriter and as co-representative for the underwriting group in the IPO.
21. Defendant Kashner Davidson Securities Corporation (.Kashner.) is a Florida corporation principally located at 77 South Palm Avenue, Sarasota, FL 34236-7724. Kashner is an NASD registered broker/dealer and acted as an underwriter for the IPO.
22. Defendant Nutmeg Securities, Ltd. (.Nutmeg.) is a Connecticut corporation principally located at 495 Post Road East, Westport, Ct 06880. Nutmeg is an NASD registered broker/dealer and acted as an underwriter for the IPO.
23. Defendant Schneider Securities, Inc. (.Schneider.) is a Colorado corporation principally located at 1120 Lincoln Street, Suite 900, Denver, CO, 80203. Schneider is an NASD registered broker/dealer and acted as an underwriter for the IPO.
24. Defendant Westport Resources Investment Services, Inc. (.Westport.) is a Connecticut corporation principally located at 315 Post Road West, Westport, CT 06880-4645. Westport is an NASD registered broker/dealer and acted as an underwriter for the IPO.
25. Defendant The Agean Group, Inc. (.Agean.) is a Florida corporation principally located at One South Ocean Blvd. Suite 300, Boca Raton, FL, 33432. Agean is an NASD registered broker/dealer and acted as an underwriter for the IPO.
26. Defendant Smith, Moore & Co. (.Smith.) is a Missouri corporation principally located at 400 Locust Street, St. Louis, MO 63102. Smith is an NASD registered broker/dealer and acted as an underwriter for the IPO.
27. Defendant Global Capital Securities Corporation, formerly known as EBI Securities Corporation (.Global.) is a Missouri corporation principally located at 6300 South Syracuse Way, Suite 645, Englewood, CO, 80111. Global is an NASD registered broker/dealer and acted as an underwriter for the IPO.
28. For purposes of this Complaint, defendants Capital West, IEQ, Nutmeg, Kashner, Westport, Schneider, Agean, Smith and Global will be referred to herein as the "Underwriter Defendants."
29. The Underwriter Defendants were the underwriters for the IPO, and were primarily involved in offering and selling shares of the Company to the public in the IPO. |
