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Rating:A Second Law Firm Files Suit Against Fido Over Fund Losses Not Rated 0.0 Email Routing List Email & Route  Print Print
Monday, June 16, 2008

A Second Law Firm Files Suit Against Fido Over Fund Losses

by: Erin Kello

Another law firm has slapped suit against Fidelity over losses in its Ultra-Short Bond Fund. Denver-based Dyer & Berens LLP filed a class action lawsuit in the United States District Court for the District of Massachusetts.

Last week, Atlanta law firm Holzer Holzer & Fistel filed a class action suit on behalf of purchases of the bond fund.




Company Press Release

DENVER, CO--(Marketwire - June 16, 2008) - Dyer & Berens LLP (www.DyerBerens.com) today announced that it has filed a class action lawsuit in the United States District Court for the District of Massachusetts on behalf of purchasers of the Fidelity Ultra-Short Bond Fund (NASDAQ: FUSFX) (the "Ultra-Short Bond Fund" or the "Fund") who purchased the Fund within three years of the filing of this lawsuit (the "Class"). The complaint seeks remedies for shareholders under the federal Securities Act of 1933.

If you are a member of the Class (as defined above), you have the legal right to petition the Court to be appointed a "lead plaintiff." A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. Any such request must satisfy certain criteria and be made on or before August 4, 2008. Any member of the purported class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.

If you would like to discuss a potential lead plaintiff appointment, or your rights and interests with respect to the lawsuit, you may contact Jeffrey A. Berens, Esq. at 1-888-300-3362, 303-861-1764 or via email at jeff@dyerberens.com.

According to the complaint, on or about August 23, 2002, defendants began offering shares of the Ultra-Short Bond Fund pursuant to an initial registration statement, filed with the SEC as a Form 485BPOS (the "Registration Statement"). The complaint alleges that defendants solicited investors to purchase shares of the Ultra-Short Bond Fund by making statements that described the Fund as a fund that: (i) "Seeks a high level of current income consistent with the preservation of capital"; (ii) "allocates its assets across different market sectors and maturities"; (iii) has a "similar overall interest rate risk to the Lehman Brothers® 6 Month Swap Index"; and (iv) is geared toward the "preservation of capital." As alleged in the complaint, these statements were materially false and misleading because defendants did not adequately disclose the risks associated with investing in the Fund, including, for example, that the Fund was: (i) failing to compete with the Lehman Brothers® 6 Month Swap Index; and (ii) so heavily invested in high-risk mortgage-backed securities.

By June 11, 2007, defendants slowly began lowering the value of the share price for the Ultra-Short Bond Fund. Since then, the value of the Ultra-Short Bond Fund's share price has been precipitously lowered. By November 15, 2007, the value of the per-share price was reduced below $9. The shares were trading as low as $8.25 as of the filing of the complaint on June 5, 2008.

The law firm of Dyer & Berens LLP focuses on complex class action litigation on behalf of injured investors throughout the nation. The firm's extensive experience in securities litigation, particularly in cases brought under the Private Securities Litigation Reform Act, has contributed to the recovery of hundreds of millions of dollars for aggrieved investors. For more information about the firm, please go to www.DyerBerens.com. 

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