BERMAN DEVALERIO PEASE &
TABACCO, P.C.
Joseph J. Tabacco, Jr.
425 California Street, Suite 205
San Francisco, California 94104
Telephone: (415) 433-3200
BERMAN DEVALERIO & PEASE, LLP
Jeffrey C. Block
Michael G. Lange
One Liberty Square
Boston, Massachusetts 02109
Telephone: (617) 542-8300
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ZHANNA SUNDEYEVA, on behalf Civil Action No.
of herself and all others similarly situated,
Plaintiff, CLASS ACTION
v. COMPLAINT FOR VIOLATIONS
MAXIM PHARMACEUTICALS, INC., OF THE SECURITIES EXCHANGE
LARRY G. STAMBAUGH, and KURT R. ACT OF 1934
GEHLSEN,
JURY TRIAL DEMANDED
Defendants.
Plaintiff, individually and on behalf of all others similarly situated, by her undersigned
alleges upon personal knowledge as to herself and her own acts, and information and belief as to all
other matters, based upon, inter alia, the investigation conducted by and through her attorneys,
included, among other things, a review of the public documents and announcements made by
defendants, Securities and Exchange Commission ("SEC") filings, and press releases regarding Maxim
Pharmaceuticals, Inc. ("Maxim" or the "Company") as follows:
CLASS ACTION COMPLAINT - 1 -
SNIPPETS:
Plaintiff, individually and on behalf of all others similarly situated, by her undersigned
included, among other things, a review of the public documents and announcements made by
defendants, Securities and Exchange Commission filings, and press releases regarding Maxim
officers and directors with violations of the Securities Exchange Act of 1934.
Subject to FDA approval, the company's
drug Maxamine was set to launch in early 2001.
Defendants' false and misleading statements about the
clinical trials of Maxamine, paying as high as $79.50 per share for Maxim's stock during the
the means and instrumentalities of interstate commerce, including the United States mails,
Plaintiff Zhanna Sundeyeva purchased shares of Maxim common stock during the class
The Company's lead drug candidate is Maxamine.
series of drugs for the treatment of certain topical disorders.
fraud and deceit upon plaintiff and the other members of the Class.
Plaintiff brings this action as a class action pursuant to Federal Rules of Civil Procedure
defendants failed to disclose material facts during the Class Period that would have
e) plaintiff and members of the Class purchased their Maxim stock between the time the
the Company stated with respect to its underlying clinical trials: The U.S. Food and Drug
On January 25, 2000, the Company announced over the Business Wire that it was filing
Maxim intends to use the proceeds from the offering to finance clinical trials and other
After 24 weeks of therapy, the combination of the optimal dosing regimen of Maxamine and
Treatment with Maxamine plus IL-2 improved survival duration over treatment with IL-2 alone
I expect Maxamine to become a key adjuvant in the treatment of advanced metastatic melanoma
We gained valuable experience with this combination treatment during the course of this
The results show that the immunomodulating agent Maxamine used in combination with a lower
The patients in this study represented a group with factors that are indicative of a poor
announcing that the U.S. Food and Drug Administration had granted priority review to
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