BOCA RATON, Fla., March 13, 2009 /PRNewswire-FirstCall via COMTEX News Network/ -- Sunair Services Corporation (Amex: SNR) announced that it filed a lawsuit in the United States District Court, in the Southern District of Florida, against Michael Brauser, Dru Schmitt, Michael Herman (the "Dissident Group") and certain other defendants on March 12, 2009 for violations of federal securities laws. The complaint relates to actions that have arisen in connection with the information statement that the Dissident Group filed with the SEC on January 28, 2009, as amended on February 25, March 6 and March 9, 2009 (collectively, the "Information Statement"), in which they seek to remove the Company's current Board of Directors and replace it with their nominees.
The complaint alleges that the Dissident Group and certain other co-defendants unlawfully solicited proxies from the Company's shareholders in violation of Section 14(a) and 14(c) of the Exchange Act in connection with their actions to take control of the Company and replace the Company's current Board of Directors with their six nominees. It also alleges that the Information Statement filed by the Dissident Group omits material information relating to Mr. Brauser's background, including civil fraud litigation and a bankruptcy proceeding involving a company owned by Mr. Brauser.
With its lawsuit, the Company is seeking injunctive relief against the Dissident Group to prevent them from voting any proxies obtained in the unlawful proxy solicitation, requiring corrective disclosure in the Information Statement and establishing a 90-day cooling off period before the Dissident Group can commence any further activity relating to a change of control.
A copy of the Company's lawsuit against the Dissident Group is available at the Company's website located at http://www.amstock.com/ProxyServices/ViewMaterials.asp. It is also available at the SEC's website located at www.sec.gov. The Company filed a Form 8-K today and the complaint is attached to its Form 8-K filing as Exhibit 99.2.
ABOUT SUNAIR
Sunair Services Corporation, a Florida corporation, through its wholly owned subsidiary, Middleton Pest Control, Inc., with headquarters located in Orlando, Florida, provides pest control and lawn care services to both residential and commercial customers. Middleton provides essential pest control services and protection against termites and insects to homes and businesses. In addition, Middleton supplies lawn care services to homes and businesses, which includes fertilization treatments and protection against disease, weeds and insects for lawns and shrubs. For more information about Sunair, please visit http://www.sunairservices.com.
SOURCE Sunair Services Corporation
http://www.sunairservices.com
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