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Stull, Stull & Brody
NEW YORK, NY -- Mar 30, 2007--Notice is hereby given that a class action has been commenced in the United States District Court for the Northern District of Georgia on behalf of a class (the “Class”) consisting of all persons or entities who purchased or otherwise acquired the publicly traded securities of Beazer Homes USA, Inc. (“Beazer” or the “Company”) (NYSE:BZH) between July 27, 2006 and March 27, 2007, inclusive, (the “Class Period”). The lawsuit was filed against Beazer and Ian J. McCarthy, James O’Leary, Michael T. Rand, and Kenneth J. Gary (“Defendants”). Stull, Stull & Brody has substantial experience representing employees who suffered losses from purchases of their employer’s stock in their 401(k) plans. If you bought Beazer’s stock through your Beazer retirement account and have information or would like to learn more about these claims, please contact us. The complaint alleges that during the Class Period defendants issued false and misleading statements regarding the Company’s business and prospects and failed to disclose to the investing public the following adverse facts: (a) the Company lacked requisite internal controls over its lending practices, which, as a result of its improper lending practices prior to and during the Class Period, would lead to numerous foreclosures and other problems; (b) the Company’s business was growing in large part due to its improper lending practices to low-income borrowers; (c) many of the Company’s buyers would not be able to pay their loans after the first two years, which would lead to decreased sales and earnings and numerous foreclosures; and (d) given the increased volatility in the lending market, the Company had no reasonable basis to make projections about its 2007 results and as a result, the Company’s 2007 projections issued during the Class Period were at a minimum reckless. As a result of defendants’ false statements, Beazer stock traded at artificially inflated prices during the Class Period, reaching a high of $48 per share in December 2006, and the Company’s CEO and CFO were able to sell over $9.7 million worth of their Beazer stock. On March 18, 2007, The Charlotte Observer reported that federal housing officials were reviewing whether Beazer complied with federal rules in arranging government-insured loans for buyers in its subdivisions. On March 21, 2007, Beazer announced the resignation its CFO. Then, on March 27, 2007, after the market closed, the Company issued a press release responding to media reports and inquiries into the possibility of a federal investigation of the Company in connection with alleged mortgage fraud. On this news, Beazer’s stock fell $2.64 per share to close at $28.77 per share on March 28, 2007, a one-day decline of 9% and a 40% decline from its Class Period high of $48 per share. If you purchased Beazer’s common stock during the Class Period, you may request that the Court appoint you as lead plaintiff by no later than May 28, 2007. A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the class member’s claim is typical of the claims of other class members, and that the class member will adequately represent the class. Under certain circumstances, one or more class members may together serve as “lead plaintiff.” Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. You may retain Stull, Stull & Brody, or other counsel of your choice, to serve as your counsel in this action. Stull, Stull & Brody has litigated many class actions for violations of securities laws in federal courts over the past 30 years and has obtained court approval of substantial settlements on numerous occasions. Stull, Stull & Brody maintains offices in both New York and Los Angeles. If you wish to discuss this action or have any questions concerning
this notice or your rights or interests with respect to these matters,
please contact Tzivia Brody, Esq. at Stull, Stull & Brody by calling
toll-free 1-800-337-4983, or by e-mail at SSBNY@aol.com,
or by fax at 212/490-2022, or by writing to Stull, Stull & Brody,
6 East 45th Street, New York, NY 10017. You can also visit our website
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