(For Violation of Section 20A of the 1934 Act)   (For Violation of Section 10(b) of the 1934 Act  and Rule 10b-5 Against All Defendants)   (For Violation of §20(a) of the 1934 Act  Against the Individual Defendants)   37.  Plaintiff brings this action as a class action pursuant to Rule 23 of the Federal  Rules of Civil Procedure on behalf of all persons or entities that purchased or otherwise acquired  Vertex common stock between May 7, 2012 and June 28, 2012 (the “Class”).  Excluded from the  Class are the Defendants, officers and directors of the Company as well as their families, and the  families of the Defendants.  Class members are so numerous that joinder of them is  impracticable.   39.  Plaintiff’s claims are typical of those of the Class.  Prosecution of individual  actions would create a risk of inconsistent adjudications.  Plaintiff will adequately protect the  interests of the Class.  A class action is superior to other available methods for the fair and  efficient adjudication of this controversy.  43.  Plaintiff repeats and realleges the above paragraphs as though fully set forth  herein.   44.  Throughout the Class Period, Defendants, in pursuit of their scheme and  continuous course of conduct to inflate the market price of Vertex common stock, knowingly or  recklessly made materially false or misleading statements or failed to disclose material facts  necessary to make the statements made, in light of the circumstances under which they were  made, not misleading.   45.  During the Class Period, Defendants, and each of them, carried out a plan,  scheme, and course of conduct using the instrumentalities of interstate commerce and the mails,  which was intended to and, throughout the Class Period did:  (a) artificially inflate and maintain  the market price of Vertex common stock; (b) deceive the investing public, including Plaintiff  and other Class members, as alleged herein; and (c) cause Plaintiff and other members of the  Class to purchase Vertex common stock at inflated prices.  In furtherance of this unlawful  scheme, plan, and course of conduct, Defendants took the actions set forth herein in violation of  §10(b) of the 1934 Act and Rule 10b-5, 17 C.F.R. §240.10b-5.  All Defendants are sued either as  primary participants in the wrongful and illegal conduct charged herein or as controlling persons  as alleged below.   47.  Defendants had actual knowledge of the misrepresentations and omissions of  material facts set forth herein or acted with reckless disregard for the truth in that they failed to  ascertain and disclose such facts, even though such facts were available to them.   48.  As a result of the dissemination of the materially false and misleading information  and failure to disclose material facts as set forth above, the market price of Vertex common stock  was artificially inflated during the Class Period.  In ignorance of the fact that the market price of  Vertex common stock was artificially inflated, and relying directly or indirectly on the false and  misleading statements made knowingly or with deliberate recklessness by Defendants, or upon  the integrity of the market in which the shares traded, Plaintiff and other members of the Class  purchased Vertex stock during the Class Period at artificially high prices and were damaged  thereby.   49.  Had Plaintiff and the other members of the Class and the marketplace known of  the true facts, which were not disclosed by Defendants, Plaintiff and the other members of the  Class would not have purchased or otherwise acquired their Vertex shares during the Class  Period, or if they had acquired such shares during the Class Period, they would not have done so  at the artificially inflated prices which they paid.   51.  Plaintiff repeats and realleges the above paragraphs as though fully set forth  herein.   52.  The Individual Defendants acted as control persons of Vertex within the meaning  of §20(a) of the 1934 Act as alleged herein.  By virtue of their executive positions, board  membership, and stock ownership, as alleged above, the Individual Defendants had the power to  influence and control and did, directly or indirectly, influence and control the decision making of  the Company, including the content and dissemination of the various statements which Plaintiff  contends were false and misleading.  The Individual Defendants were provided with, or had  unlimited access to, the Company’s internal reports, press releases, public filings, and other  statements alleged by Plaintiff to be misleading prior to or shortly after these statements were  issued, and had the ability to prevent the issuance of the statements or cause them to be  corrected.   53.  In particular, the Individual Defendants had direct involvement in the day-to-day  operations of the Company and, therefore, are presumed to have had the power to control or  influence the particular transactions giving rise to the securities violations as alleged herein and  exercised the same.   54.  The Individual Defendants controlled Vertex.   56.  Plaintiff repeats and realleges the above paragraphs as though fully set forth  herein.   57.  While Vertex securities traded at artificially inflated prices, Defendants Boger,  Mueller, Silva, Ullian, and Wysenski personally profited by selling millions of combined dollars  of Vertex shares between the May 7, 2012 false disclosure of fabricated test results and the May  28, 2012 first corrections of those results.  The below chart demonstrates the egregious stock  sales by these Defendants:  Defendant  Date of Sale  Amount of Shares  Profit  Boger  May 9, 2012  3,314  $201,228.00  Boger  May 16, 2012  4,000  $252,943.00  Boger  May 23, 2012  4,000  $251,302.00  Mueller  May 7, 2012  79,500  $4,216,085.00  Mueller  May 15, 2012  6,500  $417,824.00  Silva  May 9, 2012  56,295  $3,425,781.00  Ullian  May 9, 2012  20,000  $1,211,600.00  Wysenski  May 7, 2012  147,695   $8,049,377.50  Wysenski  May 8, 2012  38,009  $2,360,406.65  Wysenski  May 14, 2012  180,000  $11,568,872.00 