LegalCaseDocs.com
shopping cart  
  |     
Search
 

 
New Visitors


 VeriSign Secure Site

 Get Adobe Reader

ADAC LABORATORIES-00 Click to find out why . . .



Keywords & Phrases
CaseNo: AL93767, CourtName: CLASS ACTION CASES, State: CA California, UniqueCaseRef: LCD>AL93767, Adac, Ballan Plaintiff, Lead Plaintiff, Revenue, Securities, Class Period, Co-lead Counsel, Motion, Class Action, Adac Laboratories, Lowe, Market, Lerach Llp, Lawrence, Information Systems, Laboratory, Eckert, Appointment, Net Income, Violation, San Francisco, Simone, Wolf Popper Llp, Stated Revenue Recognition, Misleading, Ballan Plaintiff Group, Information Systems Business, Materially False, Jeffrey, Chief Executive Officer, Operating Income, Nuclear Medicine, Consolidation, California , ContentID: 120246167

Case Documents
1   MOTION TO CONSOLIDATE RELATED ACTIONS AGAINST ADAC
[ see first page and extracted highlights below  ] ItemID: 114202
12 pages
PDF
2   MOTION FOR APPOINTMENT OF LEAD PLAINTIFF
[ see first page and extracted highlights below  ] ItemID: 114201
15 pages
PDF
4   DECLARATION OF JEFFREY W LAWRENCE FOR MOTION FOR APPOINTMENT OF LEAD PLAINTIFF
[ see first page and extracted highlights below  ] ItemID: 114198
4 pages
PDF
5   COMPLAINT FOR VIOLATION OF SECURITIES EXCHANGE ACT
[ see first page and extracted highlights below  ] ItemID: 114197
22 pages
PDF
6 1999-03-17 DOCKET
[ see first page and extracted highlights below  ] ItemID: 114199
3 pages
PDF
7 1998-12-29 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 114196
21 pages
PDF
Total Documents: 7 documents , 79 pages
Price: $ 49.95


IVESLCD01 KGI0001
 
 

 Forgot your password?


1 . MOTION TO CONSOLIDATE RELATED ACTIONS AGAINST ADAC

EXTRACTED KEY WORDS
PLAINTIFF
MOTION
COURT
ADAC LABORATORIES
SECURITIES
RELATED ACTIONS
LEAD PLAINTIFF
SAN FRANCISCO
EXCHANGE ACT
LLP
DISTRICT
PENDING
PURSUANT
LAW
COUNSEL
BALLAN
DEFENDANTS
JEFFREY
CALIFORNIA
VIOLATIONS
LERACH LLP
LAWRENCE
YORK
PSLRA
APPOINTMENT
ALLEGES
MOVANTS
COMMON QUESTIONS
DECLARE
 MILBERG WEISS BERSHAD
HYNES & LERACH LLP

WILLIAM S. LERACH (68581)

600 West Broadway, Suite 1800

San Diego, CA 92101

Telephone: 619/231-1058

- and -

REED R. KATHREIN (139304)

JEFFREY W. LAWRENCE (166806)

KIMBERLY C. EPSTEIN (169012)

222 Kearny Street, 10th Floor

San Francisco, CA 94108

Telephone: 415/288-4545


WOLF POPPER LLP

LESTER L. LEVY

MICHAEL A. SCHWARTZ

845 Third Avenue

New York, NY 10022

Telephone: 212/759-4600

[Proposed] Co-Lead Counsel for Plaintiffs

[Additional counsel appear on signature page.]







                            UNITED STATES DISTRICT COURT
SNIPPETS:
  • MILBERG WEISS BERSHAD HYNES & LERACH LLP
  • JEFFREY W. LAWRENCE
  • New York, NY 10022
  • Co-Lead Counsel for Plaintiffs
  • OF E&L BALLAN, On Behalf of Themselves
  • ADAC LABORATORIES, et al.,
  • NOTICE OF MOTION AND MOTION AND
  • SUMMARY OF PENDING ACTIONS
  • This Court Should Consolidate These Related Actions For Purposes Of Efficiency
  • The PSLRA Requires That The Question Of Consolidation Be Decided Prior To The Determination
  • PLEASE TAKE NOTICE that on April 5, 1999 at 2:00 p.m., or as soon thereafter as the matter soll v. ADAC Laboratories, No. C-98-4939-MHP; Park East, Inc. v. Lowe, No. C-98-4950-MHP; Davidson
  • The Motion is brought on the ground that these 11 actions are substantially identical because
  • The Motion is also brought on the ground that consolidation of these cases will promote
  • Plaintiff: E&L Ballan, Trustees for the Benefit of E&L Ballan
  • Movants seek to consolidate these 11 related securities class actions pursuant to Rule 42of
  • Accordingly, these actions, which involve common questions of law and fact, are appropriate
  • Given that the selection of lead plaintiff and lead counsel is the necessary first step to
  • I declare under penalty of perjury that the foregoing is true and correct.

  • 2 . MOTION FOR APPOINTMENT OF LEAD PLAINTIFF

    EXTRACTED KEY WORDS
    LEAD PLAINTIFF
    CO-LEAD COUNSEL
    MOTION
    ADAC LABORATORIES
    LAWRENCE
    APPOINTMENT
    WOLF POPPER LLP
    SAN FRANCISCO
    DEFENDANTS
    BALLAN PLAINTIFF GROUP
    MILBERG WEISS
    WOLF POPPER
    MEMBERS
    LERACH LLP
    JEFFREY
    CALIFORNIA
    MEMORANDUM
    EXCHANGE ACT
    MILBERG WEISS BERSHAD
    NORTHERN DISTRICT
    AUTHORITIES
    SECURITIES EXCHANGE ACT
    SAN DIEGO
    ADEQUATE PLAINTIFF
    LAWRENCE DECL
    LEAD PLAINTIFF PURSUANT
    HONORABLE MARILYN HALL
    MARILYN HALL PATEL
    PROCEDURAL BACKGROUND
    
     MILBERG WEISS BERSHAD
    HYNES & LERACH LLP
    
    WILLIAM S. LERACH (68581)
    
    600 West Broadway, Suite 1800
    
    San Diego, CA 92101
    
    Telephone: 619/231-1058
    
    - and -
    
    REED R. KATHREIN (139304)
    
    JEFFREY W. LAWRENCE (166806)
    
    KIMBERLY C. EPSTEIN (169012)
    
    222 Kearny Street, 10th Floor
    
    San Francisco, CA 94108
    
    Telephone: 415/288-4545
    
    
    WOLF POPPER LLP
    
    LESTER L. LEVY
    
    MICHAEL A. SCHWARTZ
    
    845 Third Avenue
    
    New York, NY 10022
    
    Telephone: 212/759-4600
    
    [Proposed] Co-Lead Counsel for Plaintiffs
    
    [Additional counsel appear on signature page.]
    
    
    
    
    
    
    
                                UNITED STATES DISTRICT COURT
    
    SNIPPETS:
  • MILBERG WEISS BERSHAD HYNES & LERACH LLP
  • San Diego, CA 92101
  • NORTHERN DISTRICT OF CALIFORNIA
  • The Honorable Marilyn Hall Patel
  • THE BALLAN PLAINTIFF GROUP'S NOTICE OF MOTION AND MOTION AND
  • MOTION FOR APPOINTMENT OF LEAD PLAINTIFF AND APPROVAL OF
  • LEAD PLAINTIFF'S CHOICE OF CO-LEAD COUNSEL
  • PROCEDURAL BACKGROUND
  • The Ballan Plaintiff Group Is The Most Adequate Plaintiff Under The Exchange Act
  • PLEASE TAKE NOTICE that on April 5, 1999 at 2:00 p.m., or as soon thereafter as this matter
  • Appointing the Ballan Plaintiff Group, as defined in the accompanying Memorandum of Law,
  • Approving their selection of Milberg Weiss Bershad Hynes & Lerach LLP and Wolf Popper LLP as
  • Authorizing Lead Plaintiff and their Co-Lead Counsel to designate a maximum of seven
  • The motion is based upon this Notice, the Memorandum of Points and Authorities filed in
  • Plaintiff E&L Ballan's Complaint for Violation of the Federal Securities Laws, filed on od about ADAC's business prospects and financial results.
  • Plaintiffs have filed concurrently herewith a Motion to Consolidate Related Actions Against o. C-99-0019-MHP; Ansnes v. ADAC Laboratories, No. C-99-0024-MHP; Fernandez v. Lowe, No.
  • The consolidation motion must be adjudicated prior to ruling upon lead plaintiff pursuant to
  • Jan. 13, 1997), Lawrence Decl., Ex.

  • 4 . DECLARATION OF JEFFREY W LAWRENCE FOR MOTION FOR APPOINTMENT OF LEAD PLAINTIFF

    EXTRACTED KEY WORDS
    DECLARE
    LEAD PLAINTIFF
    LITIG
    SAN FRANCISCO
    CALIFORNIA
    EXHIBIT
    CO-LEAD COUNSEL
    LERACH LLP
    JEFFREY
    LAWRENCE
    BALLAN PLAINTIFF GROUP
    APPOINTMENT
    MOTION
    MILBERG WEISS BERSHAD
    WEISS BERSHAD HYNES
    SUPPORT
    APPROVE
    POPPER LLP
    NORTHERN DISTRICT
    LAW
    FIRM
    PURSUANT
    SBA
    RMW
    DRIMER
    LEXIS
    TEX
    COMMUNICATIONS
    MASTER FILE
    
     MILBERG WEISS BERSHAD
    HYNES & LERACH LLP
    
    WILLIAM S. LERACH (68581)
    
    600 West Broadway, Suite 1800
    
    San Diego, CA 92101
    
    Telephone: 619/231-1058
    
    - and -
    
    REED R. KATHREIN (139304)
    
    JEFFREY W. LAWRENCE (166806)
    
    KIMBERLY C. EPSTEIN (169012)
    
    222 Kearny Street, 10th Floor
    
    San Francisco, CA 94108
    
    Telephone: 415/288-4545
    
    
    WOLF POPPER LLP
    
    LESTER L. LEVY
    
    MICHAEL A. SCHWARTZ
    
    845 Third Avenue
    
    New York, NY 10022
    
    Telephone: 212/759-4600
    
    [Proposed] Co-Lead Counsel for Plaintiffs
    
    
    
    
    
    
    
                                 UNITED STATES DISTRICT COURT
    
                              NORTHERN DISTRICT OF CALIFORNIA
    
    SNIPPETS:
  • JEFFREY W. LAWRENCE
  • WOLF POPPER LLP
  • MOTION OF THE BALLAN PLAINTIFF GROUP
  • LEAD PLAINTIFF'S CHOICE OF CO-LEAD COUNSEL
  • I am an associate with the law firm of Milberg Weiss Bershad Hynes & Lerach LLP, counsel for
  • I am duly admitted to practice in the State of California and before this Court.
  • I make this Declaration in support of the Motion of the Ballan Plaintiff Group to Be
  • Exhibit B: Plaintiff Certifications;
  • Sec. Litig., No. C-96-2644 SBA (N.D.
  • Drimer v. Amgen, Inc., No. 98-6483-WMB, Order Granting the Drimer Group's Motion to be
  • LEXIS 14705 (S.D.
  • Tex.
  • Kwalbrun v. Advanced Fibre Communications, Inc., No. C-98-20697(N.D.
  • Master File No. C 98 1026 SBA (N.D.
  • Sec. Litig., No. C-97-20059 RMW (N.D.
  • I declare under penalty of perjury under the laws of the State of California that the
  • Executed this 1st day of March, 1999, at San Francisco, California.
  • PURSUANT TO NORTHERN DISTRICT LOCAL RULE 23-2

  • 5 . COMPLAINT FOR VIOLATION OF SECURITIES EXCHANGE ACT

    EXTRACTED KEY WORDS
    ADAC
    PLAINTIFF
    REVENUE
    LOWE
    SECURITIES
    ECKERT
    VIOLATION
    SIMONE
    CLASS ACTION
    INFORMATION SYSTEMS
    CLASS PERIOD
    NET INCOME
    LABORATORY
    STATED REVENUE RECOGNITION
    MEMBERS
    MISLEADING
    INFORMATION SYSTEMS BUSINESS
    LERACH LLP
    MATERIALLY FALSE
    CHIEF EXECUTIVE OFFICER
    OPERATING INCOME
    NUCLEAR MEDICINE
    CAPPUCCI LLP
    GROSS PROFIT MARGIN
    CONSECUTIVE QUARTERLY REVENUE
    IMPROPER RECOGNITION
    FASB STATEMENT
    REVENUE RECOGNITION POLICY
    GAAP
    
     MILBERG WEISS BERSHAD
    HYNES & LERACH LLP
    
    WILLIAM S. LERACH (68581)
    
    ALAN SCHULMAN (128661)
    
    600 West Broadway, Suite 1800
    
    San Diego, CA 92101
    
    Telephone: 619/231-1058
    
    - and -
    
    REED R. KATHREIN (139304)
    
    222 Kearny Street, 10th Floor
    
    San Francisco, CA 94108
    
    Telephone: 415/288-4545
    
    
    ENTWISTLE & CAPPUCCI LLP
    
    VINCENT R. CAPPUCCI
    
    400 Park Avenue
    
    New York, NY 10022-4406
    
    Telephone: 212/894-7200
    
    Attorneys for Plaintiff
    
    
                                 UNITED STATES DISTRICT COURT
    
                                NORTHERN DISTRICT OF CALIFORNIA
    
    
    
    
    
    
    
    GEORGE INGERSOLL, On Behalf of Himself
    
    
    SNIPPETS:
  • MILBERG WEISS BERSHAD HYNES & LERACH LLP
  • ENTWISTLE & CAPPUCCI LLP
  • Attorneys for Plaintiff
  • Plaintiff brings this action as a class action on behalf of a class consisting of plaintiffs
  • on the open market, during the period January 10, 1996 through December 28, 1998, inclusive,
  • Plaintiff George Ingersoll purchased 600 shares of ADAC common stock during the Class Period
  • The Company purports to design, develop, manufacture, sell and service medical imaging and
  • Defendant R. Andrew Eckert was elected a Director of the Company in April 1996.
  • defendant Eckert became the Chief Executive Officer of the Company.
  • From November 1994 to March 1997, he served as President and General Manager of ADAC Medical
  • Defendant David L. Lowe was elected a director of the Company in August 1992.
  • Defendant P. Andre Simone was elected Chief Financial Officer of the Company in June 1996,
  • Each of the Individual Defendants participated in writing or reviewing ADAC's corporate
  • Because of their positions and access to material nonpublic information available to them,
  • Members of the Class are so numerous that joinder of all members is impracticable.
  • We are particularly pleased to have received our first order for our new client/server
  • Operating income of $6.3 million increased 63% over the $3.8 million reported for the first
  • "Our HealthCare Information Systems business posted record bookings of $9 million which
  • Defendants' statements regarding the Company's first fiscal 1996 quarter were materially
  • The Company achieved net income of $3.9 million or $.22 per share, as compared to $2.8
  • Defendants' statements regarding the Company's second fiscal 1996 quarter were materially
  • Gross profit margin increased to 39.4% in the fourth quarter of fiscal 1996 from 38.7% in the
  • For the first fiscal quarter ended December 29, 1996, ADAC reported a 33% increase in

  • 6 . DOCKET

    EXTRACTED KEY WORDS
    SLH
    ENTRY
    COUNSEL
    MOTION
    LABORATORIES
    PATEL
    DOCKET
    ADAC LABORATORIES
    DISTRICT
    CHIEF JUDGE MARILYN
    CONSOLIDATE RELATED ACTIONS
    APPOINTMENT
    CO-LEAD COUNSEL
    COURT
    JURY DEMAND
    AUTHORITIES
    NOTICE SET
    LOWE
    ANDRE
    SIMONE
    MEMBER
    MEMORANDUM
    DECLARATION
    JEFFREY
    LAWRENCE
    SUPPORT
    RELATING
    RESPONSE
    DEFENDANTS
    
     Docket as of March 17, 1999 [retrieved 4/1/99]
    Proceedings include all events.
    RELATE
    3:98cv4934 E&L Ballan v. ADAC Laboratories, et al
    
                                                                     RELATE
                               U.S. District Court
         U.S. District for the Northern District of California (S.F.)
    
                      CIVIL DOCKET FOR CASE #: 98-CV-4934
    
    E&L Ballan v. ADAC Laboratories, et al                           Filed: 12/29/98
    Assigned to: Chief Judge Marilyn Hall Patel Jury demand: Plaintiff
    Demand: $0,000                                    Nature of Suit: 850
    Lead Docket: None                                 Jurisdiction: Federal Question
    Dkt# in other court: None
    
    Cause: 15:78m(a) Securities Exchange Act
    
    [Party & Counsel List]
    
    
    12/29/98 1           COMPLAINT Summons(es) issued; Fee status pd entered on
                         12/29/98 in the amount of $ 150.00 (Receipt No. 50630);
                         jury demand     [3:98-cv-04934] (slh)
    
    12/29/98 2           ORDER RE PROCEDURE and SCHEDULE by Chief Judge Marilyn H.
                         Patel: Plaintiff to file requisite certificate on 12/29/98;
                         Last day for pltf to file copy of class action notice
                         1/19/99; Proof of service to be filed by 2/12/99 (cc: all
                         counsel) Plaintiff to file motion to serve as lead
                         plaintiff 60 days after publication of notice. (slh)
                         [3:98cv4934]
    
    12/29/98 3           NOTICE by Plaintiff to preserve documents pursuant to L.R.
                         16-1(g)(4). [3:98-cv-04934] (slh) [3:98cv4934]
    
    12/30/98 4           NOTICE OF PUBLICATION by Plaintiff [3:98-cv-04934] (slh)
                         [Entry date 12/31/98] [3:98cv4934]
    
    12/31/98 5           NOTICE OF PUBLICATION by Plaintiffs [3:98-cv-04934] (slh)
                         [Entry date 01/06/99] [3:98cv4934]
    
    1/7/99      6        RETURN OF SERVICE executed upon defendants ADAC
                         Laboratories, R. Andrew Eckert, David L. Lowe, and P. Andre
                         Simone on 1/5/99; original summons returned.
                         [3:98-cv-04934] (slh) [Entry date 01/08/99] [3:98cv4934]
    
    2/4/99      7        ORDER by Chief Judge Marilyn H. Patel relating cases
    
    SNIPPETS:
  • Docket as of March 17, 1999 Proceedings include all events.
  • 3:98cv4934 E&L Ballan v. ADAC Laboratories,
  • U.S. District Court
  • U.S. District for the Northern District of California
  • Assigned to: Chief Judge Marilyn Hall Patel Jury demand: Plaintiff
  • [Party & Counsel List]
  • jury demand (slh)
  • counsel) Plaintiff to file motion to serve as lead
  • [Entry date 12/31/98]
  • Laboratories, R. Andrew Eckert, David L. Lowe, and P. Andre
  • Simone on 1/5/99; original summons returned.
  • 3:98-cv-4934 with member cases 3:98-cv-4936, 3:98-cv-4939,
  • AUTHORITIES before Chief Judge Marilyn H. Patel by
  • Plaintiff in 3:98-cv-04934 to consolidate related actions
  • against ADAC Laboratories with Notice set for 4/5/99
  • 3/1/99 9 NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND
  • Plaintiff in 3:98-cv-04934 for appointment of lead
  • co-lead counsel with Notice set for 4/5/99 at 2:00
  • 3/1/99 10 DECLARATION by Jeffrey W. Lawrence on behalf of Plaintiff
  • in 3:98-cv-04934 in support of motion for appointment of
  • relating cases
  • 3/15/99 12 RESPONSE by defendants in 3:98-cv-04934 to plaintiff's

  • 7 . COMPLAINT

    EXTRACTED KEY WORDS
    ADAC
    PLAINTIFFS
    CLASS PERIOD
    REVENUE
    MARKET
    SECURITIES
    CLASS ACTION
    LABORATORY
    INFORMATION SYSTEMS
    NET INCOME
    STATED REVENUE RECOGNITION
    MEMBERS
    MISLEADING
    DEFENDANT LOWE
    INFORMATION SYSTEMS BUSINESS
    MATERIALLY FALSE
    CHIEF EXECUTIVE OFFICER
    OPERATING INCOME
    NUCLEAR MEDICINE
    DEFENDANT ECKERT
    LERACH LLP
    WOLF POPPER LLP
    DEFENDANT SIMONE
    GROSS PROFIT MARGIN
    CONSECUTIVE QUARTERLY REVENUE
    IMPROPER RECOGNITION
    FASB STATEMENT
    REVENUE RECOGNITION POLICY
    GAAP
    
     MILBERG WEISS BERSHAD
    HYNES & LERACH LLP
    WILLIAM S. LERACH (68581)
    ALAN SCHULMAN (128661)
    600 West Broadway, Suite 1800
    San Diego, CA 92101
    Telephone: 619/231-1058
         - and -
    REED R. KATHREIN (139304)
    222 Kearny Street, 10th Floor
    San Francisco, CA 94108
    Telephone: 415/288-4545
    
    WOLF POPPER LLP
    LESTER L. LEVY
    MICHAEL A. SCHWARTZ
    845 Third Avenue
    New York, NY 10022
    Telephone: 212/759-4600
    
    Attorneys for Plaintiffs
    
                                           UNITED STATES DISTRICT COURT
    
                                          NORTHERN DISTRICT OF CALIFORNIA
    
    E&L BALLAN, TRUSTEES FOR THE                        No. C-98-4934-MHP
    BENEFIT OF E&L BALLAN, On Behalf
    of Themselves and All Others Similarly              CLASS ACTION
    Situated,
                                                        COMPLAINT FOR
                          Plaintiffs,                   VIOLATION OF THE
                                                        SECURITIES EXCHANGE
               vs.                                      ACT OF 1934
                                                        [filed Dec. 29, 1998]
    ADAC LABORATORIES, R. ANDREW
    ECKERT, DAVID L. LOWE and                           Plaintiffs Demand A
    P. ANDRE SIMONE,                                    Trial By Jury
    
                          Defendants.
    ___________________________________
    
    Plaintiffs, individually and on behalf of all others similarly situated, by their attorneys, allege
    following upon the investigation of counsel, except for those allegations pertaining to plaintiffs,
    which are based on personal knowledge:
    
                                             NATURE OF THE ACTION
    
    
    
    SNIPPETS:
  • WOLF POPPER LLP LESTER L. LEVY MICHAEL A. SCHWARTZ
  • ADAC LABORATORIES, R. ANDREW
  • Plaintiffs, individually and on behalf of all others similarly situated, by their attorneys,
  • Plaintiffs bring this action as a class action on behalf of a class consisting of plaintiffs
  • Plaintiffs E&L Ballan, Trustees for the benefit of E&L Ballan, purchased shares of ADAC
  • The Company purports to design, develop, manufacture, sell and service medical imaging and
  • defendant Eckert became the Chief Executive Officer of the Company.
  • From November 1994 to March 1997, he served as President and General Manager of ADAC Medical
  • Defendant Lowe is currently serving as Chairman of the Board of Directors, a position he has
  • each of the Individual Defendants had a duty to disseminate accurate and truthful information
  • Each of the Individual Defendants participated in writing or reviewing ADAC's corporate
  • Because of their positions and access to material nonpublic information available to them,
  • Members of the Class are so numerous that joinder of all members is impracticable.
  • We are particularly pleased to have received our first order for our new client/server
  • Operating income of $6.3 million increased 63% over the $3.8 million reported for the first
  • "Our HealthCare Information Systems business posted record bookings of $9 million which
  • Defendants' statements regarding the Company's first fiscal 1996 quarter were materially
  • The Company achieved net income of $3.9 million or $.22 per share, as compared to $2.8
  • On May 14, 1996, defendants caused the Company to file with the SEC its Form 10-Q for the
  • Defendants' statements regarding the Company's second fiscal 1996 quarter were materially
  • Gross profit margin increased to 39.4% in the fourth quarter of fiscal 1996 from 38.7% in the
  • For the first fiscal quarter ended December 29, 1996, ADAC reported a 33% increase in
  • MILBERG WEISS BERSHAD HYNES & LERACH LLP REED R. KATHREIN
  •    |