UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
______________________________ Case No.
ROBERT J. BORDEAUX, ::
Plaintiff, ::
vs. :
:
PSS WORLD MEDICAL, INC., :
DAVID A. SMITH; and :
PATRICK C. KELLY; ::
Defendants. :
______________________________:
PLAINTIFF'S CLASS ACTION COMPLAINT
Plaintiff ROBERT BORDEAUX makes the following allegations upon information and
belief, except as to allegations specifically pertaining to Plaintiff and his counsel, based on the
alleged below, which are predicated upon the investigation undertaken by Plaintiff's counsel, which
investigation included analysis of publicly-available news articles and reports, public filings,
releases and other matters of public record. Plaintiff believes that further substantial
support will exist for the allegations set forth below after a reasonable opportunity for discovery.
NATURE OF THE ACTION
1. This is a class action on behalf of all purchasers of the common stock of PSS World
Medical, Inc. ("PSSI" or the "Company") between October 26, 1999 and September 1, 2000,
inclusive, (the "Class Period"), seeking to pursue remedies under the Securities Exchange Act of
1934 (the "Exchange Act").
JURISDICTION AND VENUE
2. This Court has jurisdiction over the subject matter of this action pursuant to 28
§§ 1331, 1337 and 1367 and Section 27 of the Exchange Act (15 U.S.C. § 78aa).
3. This action arises under Sections 10(b) and 20(a) of the Exchange Act (15 U.S.C.
SNIPPETS:
belief, except as to allegations specifically pertaining to Plaintiff and his counsel, based
This is a class action on behalf of all purchasers of the common stock of PSS World
Medical, Inc. ("PSSI" or the "Company") between October 26, 1999 and September 1, 2000,
This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C.
1337 and 1367 and Section 27 of the Exchange Act.
In connection with the acts and omissions alleged in this complaint, Defendants,
securities markets.
The Individual Defendants, as senior officers and/or directors of PSSI were
materially false and misleading statements and/or concealing material adverse facts.
Class Period misrepresented and/or omitted to disclose material facts about the business,
release with a headline which read: "PSS World Medical Reports Record Results;
this press release reported that net income
because they failed to comply with disclosure requirements of GAAP and the SEC.
financial position and operations.
uncollectible receivables through a charge to earnings in compliance with GAAP (FASB Statement
above, the reasons set forth in paragraph 7 above, and because the reported accounts
release announcing year end results and the fact that it had entered into a definitive merger
with Fisher Scientific International, Inc..
EBITDA threshold for our quarter ended June 30, 2000, retaining
shares upon dissemination of the news.
The concept that financial reporting should provide information that is useful
and similar decisions (FASB Statement of Financial Accounting Concepts No. 1).
what it purports to represent (FASB Statement of Financial Accounting Concepts No. 2).
representational faithfulness leaves no room for accounting representations that subordinate
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