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 the earliest event reported) August
7, 2007
FARO
TECHNOLOGIES,
INC.
(Exact
Name of Registrant as Specified in Its Charter)
|
Florida
|
0-20381
|
59-3157093
|
|
(State
or Other Jurisdiction
|
(Commission
File
|
(IRS
Employer
|
|
of
Incorporation)
|
Number)
|
Identification
No.)
|
|
125
Technology Park, Lake Mary, Florida
|
32746
|
|
|
(Address
of Principal Executive Offices)
|
(Zip
Code)
|
|
(407)
333-9911
(Registrant’s
Telephone Number, Including Area Code)
(Former
Name or Former Address, if Changed Since Last Report)
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:
|
¨
|
Written
communications pursuant to Rule 425 under the Securities Act (17
CFR 230
.425)
|
|
¨
|
Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
|
|
¨
|
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17
CFR
240.14d-2(b))
|
|
¨
|
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
August
8, 2007, FARO Technologies, Inc. issued a press release announcing that the
U.S.
Magistrate judge assigned to the securities class action lawsuit filed against
the Company issued a Report and Recommendation to the U.S. District Court for
the Middle District of Florida to enter an order denying the Company’s and
certain Company officers’ motion to dismiss the class action complaint, that the
U.S. District Court has not yet ruled on the Report and
Recommendation
or the
motion to dismiss,
and
that the Company intends to timely file an objection to the Report and
Recommendation prior to the U.S. District Court issuing a ruling on the motion
to dismiss.
Item
9.01 Financial
Statements and Exhibits
(d) Exhibits
99.1 Press
Release dated August 8, 2007
Signature
Pursuant
to the requirements of the Securities Exchange Act of 1934, the Company has
duly
caused this report to be signed on its behalf by the undersigned thereunder
duly
authorized.
|
FARO
Technologies, Inc.
|
|
|
(Registrant)
|
|
|
Date:
August
8, 2007
|
|
|
/s/
Jay Freeland
|
|
|
Jay
Freeland
|
|
|
Chief
Executive Officer
|
EXHIBIT
INDEX
|
Exhibit
No.
|
Description
|
|
99.1
|
Press
Release dated August 8, 2007
|
Magistrate
Judge Recommends that District Court Judge Not Dismiss the
Securities
Fraud Complaint Against FARO, Objection by FARO Expected
August
8,
2007, Lake Mary, FL - FARO Technologies, Inc. (Nasdaq: FARO), the world market
leader in portable computer-aided measurement arms and laser tracker sales,
announced that a U.S. Magistrate judge
for
the Middle District of Florida issued a Report and Recommendation to
the
U.S. District Court for the Middle District of Florida to enter
an order
denying FARO's and certain FARO officer's Motion to Dismiss the second amended
consolidated securities class
action
complaint filed against FARO and certain FARO officers. The U.S. District Court
has not yet ruled on the Report and Recommendation
or the
Motion to Dismiss.
As
previously disclosed by FARO, on May 16, 2006, a consolidated class action
complaint was filed against FARO, certain FARO officers, and FARO's
independent registered public accounting firm, asserting purported claims under
the federal securities laws. On January 12, 2007, the U.S. Magistrate
judge
assigned to the matter issued a Report and Recommendation that the consolidated
class action complaint be dismissed as against all defendants, with leave to
re-plead, which the U.S. District Court adopted on February 3, 2007. On February
22, 2007, the plaintiff filed a second amended consolidated class action
complaint against FARO, the individual defendants, and FARO's
independent registered public accounting firm. In May 2007, FARO, the individual
defendants, and FARO's
independent registered public accounting firm filed motions
to
dismiss
the second amended class action complaint. On August 7, 2007, the U.S.
Magistrate judge
issued a Report and Recommendation that the second amended class action
complaint be dismissed against the Company's independent registered public
accounting firm but not dismissed against FARO and the individual
defendants.
As
permitted by the applicable rules, FARO intends to timely file an objection
to
the Report and Recommendation prior to the U.S. District Court for the Middle
District of Florida issuing a ruling on the Motion to Dismiss.
About
FARO
With
more
than 13,500 installations and 6,500 customers globally, FARO Technologies,
Inc.
designs, develops, and markets portable, computerized measurement devices and
software used to create digital models - or to perform evaluations against
an
existing model - for anything requiring highly detailed 3-D measurements,
including part and assembly inspection, factory planning and asset
documentation, as well as specialized applications ranging from surveying,
recreating accident sites and crime scenes to digitally preserving historical
sites.
FARO’s
technology increases productivity by dramatically reducing the amount of on-site
measuring time, and the various industry-specific software packages enable
users
to process and present their results quickly and more effectively.
Principal
products include the world’s best-selling portable measurement arm - the
FaroArm; the world’s best-selling laser tracker - the FARO Laser Tracker; the
FARO Laser ScanArm; FARO Laser Scanner LS; the FARO Gage, Gage-PLUS and
PowerGAGE; and the CAM2 family of advanced CAD-based measurement and reporting
software. FARO Technologies is ISO-9001 certified and ISO-17025 laboratory
registered. Learn more at www.faro.com
###