BERMAN DEVALERIO PEASE &
1 TABACCO, P.C.
Joseph J. Tabacco, Jr.
2 425 California Street, Suite 205
San Francisco, California 94104
3 Telephone: (415) 433-3200
4 BERMAN DEVALERIO & PEASE, LLP
5 Jeffrey C. Block
Michael G. Lange
6 One Liberty Square
Boston, Massachusetts 02109
7 (617) 542-8300
8 Attorneys for Plaintiffs
9 (Other Plaintiffs' counsel appear on signature page)
10 UNITED STATES DISTRICT COURT
11 NORTHERN DISTRICT OF CALIFORNIA
12
ALEXANDER TUOPSHUG on behalf of
13 himself and all others similarly situated,
14 Civil Action No.
Plaintiff,
15
v.
16 QUINTUS CORPORATION, ALAN
17 ANDERSON, SUSAN SALVESEN CLASS ACTION COMPLAINT
18 Defendants. JURY TRIAL DEMANDED
19
CLASS ACTION COMPLAINT
20
Plaintiff, individually and on behalf of all other persons similarly situated, by his
21
undersigned attorneys, for his Class Action Complaint, alleges upon personal knowledge
22
23 as to himself and his own acts, and upon information and belief as to all other matters,
24 based upon, inter alia, the investigation made by and through his attorneys, which
25 investigation included, among other things, a review of the public documents and news
26 releases of Quintus Corporation ("Quintus" or the "Company").
27
28
CLASS ACTION COMPLAINT 1
SNIPPETS:
BERMAN DEVALERIO PEASE &
425 California Street, Suite 205
BERMAN DEVALERIO & PEASE,
Attorneys for Plaintiffs
Plaintiff, individually and on behalf of all other persons similarly situated, by his
25 investigation included, among other things, a review of the public documents and news
26 releases of Quintus Corporation.
recover damages caused by defendants' violation of the federal securities laws.
defendants issued to the investing public materially false and
15 Defendants statements about the company false and misleading.
20 September 30, 2000, pending completion of the investigation of revenue and accounts
26 Board of Directors had placed Chairman and Chief Executive Officer, Alan Anderson, on
Class Period closing high of $20.00 per share.
Securities Exchange Act of 1934, 15 U.S.C. § 78jand 78t, and
Quintus' common stock traded in an efficient market on the NASDAQ
Company's Chairman President and Chief Executive Officer.
manner as to constitute a fraud and deceit upon plaintiff and the other members of the
28 will be no difficulty in the management of this action as a class action.
11 in violation of Generally Accepted Accounting Principals and SEC rules.
should have written off the outstanding receivable in its prior earnings reports.
Quintus Corporation has delayed filing with the Securities
As a result of this revelation, the Company's stock price plummeted 50%
25 Regulation S-X requires that interim financial statements must also comply with GAAP,
The principle that financial reporting should provide information
20 publicly traded securities was a success, as it deceived the investing public regarding
23 Quintus publicly traded securities at inflated prices.
VIOLATION OF SECTION 10OF THE EXCHANGE ACT AND
17 Class, and failed to disclose material information in order to make the statements made,
26 valid representatives.
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