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1
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DOCKET
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EXTRACTED KEY WORDS
MOTION LEAD COUNSEL APPOINTMENT LLP APPROVING SELECTION ORDER GRANTING RODRIGUEZ DOCMT ARMSTRONG CONSOLIDATE LEAD PLAINTIFF LEAD PLTFF LAW FIRMS SELINGER DEFENDANT AFFIDAVIT RODRIGUEZ GROUP WECHSLER HARWOOD HALEBIAN DJC MILBERG WEISS BERSHAD WEISS BERSHAD WEISS BERSHAD HYNES LERACH LLP WECHSLER HARWOOD FEFFER LLP LOVELL STEWART LLP SERVE |
Docket as of March 8, 2001 10:08 pm Page 1
Proceedings include all events. REL
1:00cv9301 Selinger v. Armstrong, et al
1:00cv 8754
REL 1:00cv
8754
U.S. District Court
Southern District of New York - Civil Database (Foley Square)
CIVIL DOCKET FOR CASE #: 00-CV-9301
Selinger v. Armstrong, et al Filed: 12/06/00
Assigned to: Judge Sidney H. Stein Jury demand: Plaintiff
Demand: $0,000 Nature of Suit: 850
Lead Docket: None Jurisdiction: Federal Question
Dkt# in other court: None
Cause: 15:78m(a) Securities Exchange Act
ADELE SELINGER, On Behalf of Steven G. Schulman
Herself and All Others [COR LD NTC]
Similarly Situated Samuel H. Rudman
plaintiff 49th Floor
[COR LD NTC]
Milberg, Weiss, Bershad, Hynes
& Lerach, L.L.P.
One Pennsylvania Plaza
New York, NY 10119
(212) 594-5300
v.
C. MICHAEL ARMSTRONG Alan M. Unger
defendant [COR LD NTC]
Sidley & Austin
875 Third Avenue
New York, NY 10022
(212)906-2000
AT&T CORPORATION Alan M. Unger
defendant (See above)
[COR LD NTC]
SNIPPETS:
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2
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Government Exhibit # 1ST CONSOLIDATED AMENDED COMPLAINT
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EXTRACTED KEY WORDS
CLASS PERIOD PROSPECTUS COMMON STOCK OFFERING UPS DEFENDANTS REPORTS SUB-CLASS ANALYSTS UPS CONTRACT BUSINESS PURSUANT REVENUE SHARES FACTS PLAINTIFFS MISLEADING MATERIALLY FALSE CONNECTION SECURITIES UNDERWRITER FINANCIAL CONDITION REPRESENTATIVES PURCHASERS OPERATOR TIME INTER ALIA WORKSTATIONS DISSATISFACTION MANAGEMENT |
_______-------------______________I_____------------------------
ow
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
IN RF: APAC TELESERVICES, l-NC.
SECURITIES LITIGATION
,.$, *is+:
______-_------------____l_____________l_--*--------------*------ x
j `- :. ."
c
-1: This is a
vices, Inc.
_
(?APkC" or the "Cornpan&, individual officers and directors of the Cb$any and several
undenvriting fmms who underwrote the % 168 million Public Offering effective November 8,
1996 (the `&November 1996 Offering"). The action seeks to represent all purchasers of APAC
common stock from September 19,1996 through April 21, 1997 (the "Class Period")
Sub-Class of purchasers who purchased the common stock of APAC pursuant to or traceable
the Registiation Statement and Prospectus issued in connection with the November 1996
Offering.
2. Plaintiffs'
ion of,
inter alia, press releases and news reports, including but not limited to those dated September
1996, October 1996, October 17,1996, December 10, 1996, February 3, 1997, February 10,
1997, and April 20, 1997 through April 22, 1997; analyst reports, including but not limited
those dated November 7, 1996 and February 6, 1997; and a review and critical analysis of the
relevant filings of APAC made with the Securities and Exchange Commission ("SEC"),
including, inter alia, the registration statement (the "Registration Statement") and
"November 1996 Prospectus" or the "Prospectus") for the $165 million November 1996 Offering
SNIPPETS:
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3
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FIRST CONSOLIDATED AND AMENDED COMPLAINT
|
EXTRACTED KEY WORDS
CLASS PERIOD COMMON STOCK PROSPECTUS PLAINTIFFS UPS SECURITIES OFFERING DEFENDANTS UNDERWRITER REPORTS SUB-CLASS UPS CONTRACT ALLEGATIONS BUSINESS PURSUANT MISLEADING REGISTRATION STATEMENT MATERIALLY FALSE CONNECTION PURCHASERS FINANCIAL CONDITION REPRESENTATIVES MATERIAL ADVERSE INTER ALIA WORKSTATIONS EXCHANGE ACT BUSINESS PROSPECTS MISREPRESENTATIONS MANAGEMENT |
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------- X FIRST CONSOLIDATED
IN RE: APAC TELESERVICES, INC. : AND AMENDED COMPLAINT
SECURITIES LITIGATION : [filed Jun. 26, 1998]
----------------------------------------------------- X 97 Civ. 9145 (BSJ)
I.
INTRODUCTION
1. This is a securities class action complaint against APAC Teleservices, Inc. ("APAC" or the
"Company"), individual officers and directors of the Company and several lead underwriting
firms who underwrote the $168 million Public Offering effective November 8, 1996 (the
"November 1996 Offering"). The action seeks to represent all purchasers of APAC common
stock from September 19, 1996 through April 21, 1997 (the "Class Period") including a Sub-
Class of purchasers who purchased the common stock of APAC pursuant to or traceable to the
Registration Statement and Prospectus issued in connection with the November 1996 Offering.
2. Plaintiffs' allegations are predicated upon knowledge and information of, inter alia, press
releases and news reports, including but not limited to those dated September 19, 1996, October
1996, October 17, 1996, December 10, 1996, February 3, 1997, February 10, 1997, and April 20,
1997 through April 22, 1997; analyst reports, including but not limited to those dated November
7, 1996 and February 6, 1997; and a review and critical analysis of the relevant filings of APAC
made with the Securities and Exchange Commission ("SEC"), including, inter alia, the
registration statement (the "Registration Statement") and prospectus (the "November 1996
Prospectus" or the "Prospectus") for the $168 million November 1996 Offering and the
Company's 10-Q for the quarter ended March 30, 1997. The allegations below are also based
upon an extensive investigation, including interviews undertaken by plaintiffs' counsel with
many former APAC employees who worked at APAC callcenters dedicated to the Company's
service of United Parcel Service of America Inc. ("UPS"). The specific allegations concerning
the true state of affairs with regard to APAC's UPS business are based upon information obtained
from former APAC employees (including the allegations set forth in paragraphs 6, 8, 50-59, 62-
67, 69, 71-72, 75, 79-82, 86, and 89). The allegations as to plaintiffs and their attorneys are made
upon personal knowledge.
II.
SUMMARY OF CLAIMS
3. Throughout the Class Period, defendants engaged in a common plan and scheme to defraud
and made material misrepresentations and omissions of fact concerning APAC's business,
operations, revenues and profits, including its unique July 1995 contract with its largest client,
United Parcel Service of America, Inc. ("UPS"), the nation's largest deliverer of packages (the
"UPS Contract" or the "Contract"). Prior to and during the Class Period, UPS repeatedly advised
APAC that APAC's work had been "unproductive," and UPS refused to pay for "unproductive
time," resulting in APAC bearing substantial costs and expenses which would materially impact
its revenues and profits. During the Class Period, while in possession of material adverse facts,
SNIPPETS:
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4
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CIVIL DOCKET
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EXTRACTED KEY WORDS
CONSOLIDATING PLTFFS LAM MOTION JUDGE JONES SERVE APAC TELESERVICES MOTION APPOINTING DEFENDANT DEFTS CO-LEAD COUNSEL REPRESENTING JUDGE BARBARA THEODORE SCHWARTZ RESET MOTION APPROVING CONSOLIDATED PLAINTIFF SELECTION SCHOENGOLD SPORN MILBERG WEISS MILBERG WEISS BERSHAD KAREN BEHR BARNEY WILLIAM BLAIR PRE-TRIAL CONFERENCE MEMORANDUM RESPONSE |
Docket as of May 7, 1998 [retrieved 5/16/98]
Proceedings include all events.
1:97cv9145 Behr v. APAC Teleservices, et al LEAD
LEAD
U.S. District Court
Southern District of New York - Civil Database (Foley Square)
CIVIL DOCKET FOR CASE #: 97-CV-9145
Behr v. APAC Teleservices, et al Filed: 12/11/97
Assigned to: Judge Barbara S. Jones Jury demand: Plaintiff
Demand: $0,000 Nature of Suit: 850
Lead Docket: None Jurisdiction: Federal Question
Dkt# in other court: None
Cause: 28:1331 Fed. Question: Securities Violation
KAREN BEHR, on behalf of Samuel P Sporn
herself and all other [COR LD NTC]
shareholders of APAC Schoengold & Sporn
TELESERVICES, INC. similarly 233 Broadway
situated New York, NY 10279
plaintiff (212) 964-0046
Joel P. Laitman
[COR LD NTC]
Jay P. Saltzman
[COR LD NTC]
Schoengold & Sporn, P.C.
233 Broadway
New York, NY 10279
(212) 964-0046
DOMINIC A. CASTALDO Paul D. Young
consolidated plaintiff [COR LD NTC]
Milberg Weiss Bershad Hynes &
Lerach LLP
One Pennsylvania Plaza
New York, NY 10119-0165
(212) 594-5300
Joel P. Laitman
[COR LD NTC]
Schoengold & Sporn, P.C.
233 Broadway
New York, NY 10279
SNIPPETS:
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