Form 8-K Lawsuit Update 7-15-2005
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
________________
FORM
8-K
________________
CURRENT
REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES
EXCHANGE ACT OF 1934
Date
of
report (Date of earliest event reported): July
15, 2005
ATHEROGENICS,
INC.
(Exact
Name of Registrant as Specified in its Charter)
|
Georgia
|
0-31261
|
58-2108232
|
|
(State
or other jurisdiction
|
(Commission
|
(I.R.S.
Employer
|
|
of
incorporation)
|
File
Number)
|
Identification
Number)
|
8995
Westside Parkway
Alpharetta,
GA 30004
(Address
of principal executive offices)
Registrant's
telephone number, including area code (678)
336-2500
_________________
Check
the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions (see
General
Instruction A.2. below):
o Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
o Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
o Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
Item
8.01. Other Events.
On
July 14,
2005, plaintiffs in purported securities class action lawsuits have voluntarily
dismissed the actions that were filed against us and some of our executive
officers and directors in the United States District Court for the Northern
District of Georgia, Atlanta division, on January 7, 2005, January 10, 2005,
January 11, 2005 and January 25, 2005. The allegations in these actions related
to our disclosures regarding the results of the CART-2 clinical trial for
AGI-1067 and the complaints sought unspecified damages on behalf of a purported
class of purchasers of our securities during the period after our disclosures
regarding the CART-2 clinical trial in September 2004 to December 31, 2004.
Similar
purported securities class action lawsuits filed against us and some of our
executive officers and directors in the United States District Court for
the
Southern District of New York on January 5, 2005 and February 8, 2005, which
were subsequently consolidated under the caption “In re Atherogenics
Securities Litigation”, remain pending. We continue to believe that we have
meritorious defenses to the plaintiffs’ allegations and intend to defend this
matter vigorously.
____________________
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant
has
duly caused this report to be signed on its behalf by the undersigned, hereunto
duly authorized.
| |
|
ATHEROGENICS,
INC.
|
| |
|
|
|
|
|
/s/MARK
P. COLONNESE |
| Date:
July 15, 2005 |
|
Mark
P. Colonnese
|
| |
|
Senior
Vice President of Finance and
|
| |
|
Administration
and Chief Financial Officer
|
____________________