able_8k-121908.htm
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): December 19, 2008
Able
Energy, Inc.
(Exact
name of registrant specified in charter)
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Delaware
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001-15035
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22-3520840
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(State
of Incorporation)
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(Commission
File Number)
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(IRS
Employer
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Identification
No.)
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198
Green Pond Road, Rockaway, NJ 07866
(Address
of principal executive offices) (Zip Code)
(973)
625-1012
Registrant’s
Telephone Number
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
December 15, 2008, the United States District Court, District of New Jersey,
dismissed a purported class action brought by shareholders of CCI Group, Inc.
against Able Energy, Inc. (the “Company”), its Chief Executive Officer, Gregory
D. Frost, and its Vice-President of Business Development, Frank Nocito (the
“Prior Action”), on the ground that the District Court lacked subject matter
jurisdiction over the action. The dismissal came three days after counsel for
the plaintiffs conceded in a letter to the District Court, dated December 12,
2008, that, after consulting with his expert, the District Court did not have
jurisdiction. The Company and Messrs. Frost and Nocito intend to file a motion
for sanctions against the plaintiffs and their counsel to recover all legal fees
incurred in defending the Prior Action. The Prior Action, which was commenced on
January 7, 2008, was disclosed by the Company in its Current Report on Form 8-K
filed with the Securities Exchange Commission on January 11, 2008.
On
December 19, 2008, the Company and Messrs. Frost and Nocito were served with a
summons and complaint in a purported class action commenced in the Superior
Court of New Jersey, Morris County, Docket No. L-3709-08. The
complaint in this action and the parties bringing the action are substantially
identical to those found in the Prior Action.
Each of
the Company and Messrs. Frost and Nocito believes it/he has defenses against the
alleged claims and intends to vigorously defend itself/himself against this
action.
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 on this 29th day of December, 2008.
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ABLE
ENERGY, INC. |
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By:
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/s/
Gregory D. Frost |
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Name: |
Gregory
D. Frost |
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Title: |
Chief
Executive Officer
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