UPDATE 1-EnerNOC shares soar after court dismisses lawsuit

Thu May 14, 2009 7:54pm BST
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* Consolidated securities class action lawsuit dismissed * Shares up as much as 18 pct

By Adveith Nair

BANGALORE, May 14 (Reuters) - Shares of EnerNOC Inc (ENOC.O: Quote, Profile, Research) soared as much as 18 percent after the energy efficiency company said a district court dismissed the consolidated securities class action lawsuit filed against it and some of its officers and directors.

Shares of the company rose as much as $3.46 to a high of $22 before paring some gains to trade up 15 percent at $21.27, making the stock among the highest percentage gainers Thursday on Nasdaq.

According to EnerNOC's filings with the U.S. Securities and Exchange Commision, class action lawsuits were filed against it and certain officers in March last year by investors alleging violations of the Securities Act of 1933.

Later that year, a complaint was filed against several of EnerNOC's officers, directors and some underwriters of its follow-on public offering alleging various common law and equitable claims.

The United States District Court for Massachusetts dismissed without leave to re-plead the lawsuit, the company said in a statement on Thursday.

"Removing this lawsuit not only removes the possibility of the company paying fines, but it also removes a large timesink that could potentially continue to absorb management's time and effort in non-productive ways," Ardour Capital analyst Richard Baxter told Reuters. Companies like EnerNOC employ technology to manage large companies' power usage and control their costs.

Utilities pay such companies for managing a certain amount of capacity on their demand-response network. The company then passes on a part of the money to end-users who agree to limit consumption when required.  Continued...

 

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