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In re Ditech Communications Corp. Securities Litigation
USDC ND California
Disclosure
Merger
Background
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Company
background
Litigation
background
- In re Ditech Communications Corp. Securities Litigation
- USDC ND California 05-02406
- Hon. Jeffrey S. White
- Filed 6.14.05
Lead
plaintiffs
- Jack Casey, Tonio Dahmen, George Innocenti,
Shengli Duan and Norbert Czub
SEC
disclosures
- Form 10-K
8.08.07 At page 15
Item 3Legal Proceedings
Beginning on June 14, 2005, several purported class action
lawsuits were filed in the United States District Court for the Northern
District of California, purportedly on behalf of a class of investors who
purchased Ditech's stock between August 25, 2004 and May 26, 2005. The
complaints allege claims under Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934 against Ditech and its Chief Executive Officer and Chief
Financial Officer in connection with alleged misrepresentations concerning VQA
orders and the potential effect on Ditech of the merger between Sprint and
Nextel, seeking monetary damages. All of the lawsuits were consolidated into a
single action entitled In re Ditech Communications Corp. Securities Litigation,
No. C 05-02406-JSW, and a consolidated amended complaint was filed on February
2, 2006. The defendants moved to dismiss the complaint, and by order dated
August 10, 2006, the court granted the defendants' motion and dismissed the
complaint with leave to amend. The plaintiffs filed their Second Amended
Complaint on September 11, 2006. The defendants again moved to dismiss, and by
order dated March 22, 2007, the court dismissed the Second Amended Complaint
with leave to amend. The plaintiffs filed their Third Amended Complaint on April
23, 2007. On May 14, 2007, the defendants again moved to dismiss.
By order
dated October 11, 2007, the court dismissed the third amended complaint with
prejudice. On November 8, 2007, the plaintiffs filed a notice of appeal to the
Ninth U.S. Circuit Court of Appeals.
The appeal has been fully briefed.
No date for oral argument of the appeal has been set.
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Claims
SEC_CODE_REF_0090001192884
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Complaint
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Motion to
Dismiss Granted
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Company
motion
Post-Tellabs
filings
Motion
to dismiss is granted
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Appeal to Ninth Circuit Pending
- Docket No 07-17071
- Filed 11.13.07
- Argued ____
Briefs
- Plaintiff brief filed ____
- Defendant brief filed 4.30.08
- Reply filed 6.02.08
Ruling
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Counsel
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Lead
plaintiff
Company
defense
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Related Topics
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