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Keywords & Phrases
CaseNo: NF50688, CourtName: CLASS ACTION CASES, State: CA California, UniqueCaseRef: LCD>NF50688, North Face, Class Period, Sales, Financials, Cor, Ntc, Fifield, Face Common Stock, Federal Securities Laws, Directors, Entry, Officer, Simon, Exchange Act, Price, Complaint, Harry Gruszecki, Violation, Prices, Representative Party, Motion, Cnsl, Common Stock, Summit Shops, Individual Defendants, Magistrate Judge, Allegations, North Face Shares, Securities, Market Price, Total Sales, Net Income, Judge Patricia, Coan, Consolidate, Wholesale Sales, Lead Plas, Class Action, James Fifield , ContentID: 120246227

Case Documents
1 1999-08-13 DOCKET 2
[ see first page and extracted highlights below  ] ItemID: 114570
14 pages
PDF
2 1999-07-13 DOCKET 1
[ see first page and extracted highlights below  ] ItemID: 114569
4 pages
PDF
3 1999-03-11 COMPLAINT 1
[ see first page and extracted highlights below  ] ItemID: 114567
15 pages
PDF
4 1999-03-09 COMPLAINT 2
[ see first page and extracted highlights below  ] ItemID: 114568
26 pages
PDF
Total Documents: 4 documents , 59 pages
Price: $ 34.95


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1 . DOCKET 2

EXTRACTED KEY WORDS
NTC
ENTRY
MOTION
CNSL
MAGISTRATE JUDGE
JUDGE PATRICIA
COAN
PLAINTIFF
CONSOLIDATE
LEAD PLAS
APPOINTED LEAD
FOX
KIP BRIAN SHUMAN
APPROVE
MARK SOLOMON
SANGEETA
PATEL
CHRISTINE
COMAS
PAUL
PARADISE
DYER
COUNSEL
ROBERT
JEFFREY ALLEN BERENS
REFERRING
RELATED ACTIONS
CO-LEAD CNSL
LIAISON CNSL


Docket as of August 13, 1999 [retrieved 8/27/99]

Proceedings include all events.
1:99cv473 Markus, et al v. North Face Inc The, et al                             NDISPO
LEAD

                                                                       NDISPO LEAD
                              U.S. District Court
        U.S. District Court for the District of Colorado (Denver)

                      CIVIL DOCKET FOR CASE #: 99-CV-473

Markus, et al v. North Face Inc The, et al                             Filed:
03/09/99
Assigned to: Judge Walker D Miller                      Jury demand: Plaintiff
                 Referred to: Magistrate Judge Patricia A. Coan
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


STUART MARKUS                            Robert J. Dyer, III
         plaintiff                       [COR LD NTC]
                                         Kip Brian Shuman
                                         [COR LD NTC]
                                         Jeffrey Allen Berens
                                         [COR LD NTC]
                                         Dyer, Donnelly
                                         801 East 17th Avenue
                                         Denver, CO 80218-1417
                                         USA
                                         303-861-3003
                                         FTS 830-6920


GEORGE KINDT                             Robert J. Dyer, III
         plaintiff                       (See above)
                                         [COR LD NTC]
                                         Kip Brian Shuman
                                         (See above)
                                         [COR LD NTC]
                                         Jeffrey Allen Berens
                                         (See above)
SNIPPETS:
  • Mark Solomon
  • [COR LD NTC]
  • Sangeeta G. Patel
  • Frederic S. Fox
  • Christine M. Comas
  • Paul O. Paradise
  • Robert J. Dyer, III
  • Kip Brian Shuman
  • Jeffrey Allen Berens
  • BRIAN CAULDWELL Henry Rosen plaintiff
  • [Entry date 03/10/99]
  • referred to Magistrate Judge Patricia A. Coan by Judge
  • Walker D. Miller (cc: to counsel)
  • Magistrate Judge Donald E. Abram the motion to extend time
  • be appointed lead plaintiff and for approval of lead pla
  • lead pla choice of co-lead cnsl (placed in exhibit
  • referring to Magistrate
  • Judge Patricia A. Coan the motion to consolidate cases all
  • eight related actions
  • setting hearing on motion for order to appoint lead plas
  • lead plas for options class and approve lead pla's choice
  • of lead cnsl and liaison cnsl in 1:99-cv-00525

  • 2 . DOCKET 1

    EXTRACTED KEY WORDS
    DEFENDANT
    NORTH FACE
    DOCKET
    WAITE
    PLAINTIFF
    TRANSF
    DISTRICT
    CHESNEY
    COUNSEL
    CASON
    WILLIAM
    SIMON
    CHRISTOPHER
    CRAWFORD
    AMOUNT
    JURY DEMAND
    FILE REQUISITE CERTIFICATE
    PLTF
    CLASS ACTION NOTICE
    FILE MOTION
    SERVE
    PUBLICATION
    RESPONSE
    REQUEST
    WAIVER
    JUDGE MAXINE
    COLORADO
    APPEAL FILING DDL
    PAPERS
    
    
    
    Case docket was last updated on: 07/13/99.
    
    
    Docket as of July 13, 1999 9:23 pm                             Page 1
    
    Proceedings include all events.                                                    TERMED
    3:99cv1158 Waite v. North Face, Inc., et al
                                                                                       TRANSF
                                                                             TERMED
    TRANSF
                                     U.S. District Court
         U.S. District for the Northern District of California (S.F.)
    
                             CIVIL DOCKET FOR CASE #: 99-CV-1158
    
    Waite v. North Face, Inc., et al                                         Filed:
    03/11/99
    Assigned to: Judge Maxine M. Chesney                    Jury demand: Plaintiff
    Demand: $0,000                                          Nature of Suit: 850
    Lead Docket: None                                       Jurisdiction: Federal
    Question
    
    Cause: 15:77 Securities Fraud
    
    
    TOM WAITE, On behalf of                     Kevin J. Yourman
    himself and all others                      [COR LD NTC]
    similarly situated                          James E. Tullman
                Plaintiff                       [COR LD NTC]
                                                Behram V. Parekh
                                                [COR LD NTC]
                                                Weiss & Yourman
                                                10940 Wilshire Blvd
                                                24th Flr
                                                Los Angeles, CA 90024
                                                (310) 208-2800
    
                                                Michael D. Braun
                                                [COR LD NTC]
                                                Stull Stull & Brody
                                                10940 Wilshire Blvd.
                                                Ste 2300
                                                Los Angeles, CA 90024
                                                (310) 209-2468
    
    
    
    SNIPPETS:
  • Case docket was last updated on:
  • 3:99cv1158 Waite v.
  • TRANSF
  • U.S. District for the Northern District of California
  • NORTH FACE, INC. defendant
  • MARSDEN S. CASON
  • WILLIAM N. SIMON
  • CHRISTOPHER F. CRAWFORD
  • 3/11/99 in the amount of $ 150.00;
  • jury demand [Entry date
  • Plaintiff to file requisite certificate on 3/12/99;
  • day for pltf to file copy of class action notice
  • counsel) Plaintiff to file motion to serve as lead
  • plaintiff 60 days after publication of notice.
  • in response to the Request for Waiver sent on 4/21/99
  • 7/1/99 5 ORDER by Judge Maxine M. Chesney to transfer case to
  • Dist of Colorado; appeal filing ddl 8/2/99 (Date

  • 3 . COMPLAINT 1

    EXTRACTED KEY WORDS
    DEFENDANTS
    PLAINTIFF
    FIFIELD
    MEMBERS
    SALES
    CLASS PERIOD
    DIRECTORS
    COUNSEL
    PRICES
    COMMON STOCK
    SUMMIT SHOPS
    ALLEGATIONS
    NORTH FACE SHARES
    EXCHANGE ACT
    SECURITIES
    BUSINESS
    MARKET PRICE
    TOTAL SALES
    WHOLESALE SALES
    CLASS ACTION
    JAMES FIFIELD
    AGREEMENT
    PUBLIC SHAREHOLDERS
    DEFENDANT SIMON
    NEWSWIRE PRESS
    NORTH FACE PRODUCT
    REPORTED CONTINUED GROWTH
    MISREPRESENTATIONS
    ARTIFICIALLY HIGH
    
    
    
    WEISS & YOURMAN
    KEVIN J. YOURMAN (147159)
    JAMES E. TULLMAN (175008)
    BEHRAM V. PAREKH (180361)
    10940 Wilshire Blvd., 24th Floor
    Los Angeles, CA 90024
    Telephone: (310) 208-2800
    
    STULL, STULL & BRODY
    MICHAEL BRAUN (167416)
    10940 Wilshire Blvd., Suite 2300
    Los Angeles, CA 90024
    Telephone: (310) 209-2468
    
    Attorneys for Plaintiff
    
                                         UNITED STATES DISTRICT COURT
    
                                   NORTHERN DISTRICT OF CALIFORNIA
    
    TOM WAITE, On behalf of Himself and All  )  CASE NO. [99-CV-01158]
    Others Similarly situated,                           )) CLASS ACTION
                          Plaintiff,                     ) CLASS ACTION COMPLAINT
               vs.                                       )) FOR THE VIOLATION OF
                                                               FEDERAL SECURITIES LAWS
    THE NORTH FACE, INC., JAMES FIFIELD, ) [filed Mar. 11, 1999]
    MARSDEN S. CASON, WILLIAM N.                         )
    SIMON, and CHRISTOPHER F.                            ) JURY TRIAL DEMANDED
    CRAWFORD                                             ))
                          Defendants.                    )
    ______________________________________ )
    
    Plaintiff, individually and on behalf of all others similarly situated, by and through his
    attorneys, alleges the following upon information and belief, except those allegations
    concerning himself, which are alleged upon personal knowledge. Plaintiff's information
    and belief are based on the investigation made by and through plaintiff's counsel.
    
                                         I. PRELIMINARY STATEMENT
    1. On Sunday, February 28, 1999, defendants announced that the Board of Directors had
    approved a recapitalization agreement which would result in public shareholders of The
    North Face, Inc. ("North Face" or the "Company") receiving $17.00 per share of North
    Face stock.
    
    2. On March 5, 1999, defendants did an about turn and announced that the tender offer
    was being withdrawn because the Company was experiencing unexpected delays in
    
    
    SNIPPETS:
  • THE NORTH FACE, INC., JAMES FIFIELD,)
  • Plaintiff, individually and on behalf of all others similarly situated, by and through his
  • On Sunday, February 28, 1999, defendants announced that the Board of Directors had approved a
  • As a result of defendants' deceptive and illegal conduct, plaintiff and other class members
  • This court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C.
  • Defendant North Face is a Delaware Corporation with its principal place of business located
  • Plaintiff Tom Waite purchased shares of North Face during the Class Period and was damaged
  • Defendant Marsden S. Cason is Chairman of the Board of Directors of the Company.
  • Defendant James Fifield is President, Chief Executive Officer, and a Director of the Company.
  • Defendants had a duty to promptly disseminate accurate and truthful information with respect
  • Each of the defendants knew of and recklessly disregarded the fact that the illegal acts and
  • PLAINTIFF'S CLASS ACTION ALLEGATIONS
  • Plaintiff will fairly and adequately protect the interests of the members of the Class and
  • defendants made public misrepresentations or omitted material facts during the Class Period,
  • The Company stated that net income for the quarter increased to $235,000 or $0.02 per share
  • Importantly, wholesale sales, now approaching 80% of our total sales, increased 37% in the
  • Preseason orders for the Spring 1997 season for store locations with Summit Shops opened in
  • On May 29, 1997, the Company reported continued growth in its wholesale business with total
  • defendant Simon stated that:
  • We believe that these results reflect the continued growing demand for The North Face product
  • On May 19, 1998, in a PR Newswire press release, North Face announced the appointment of
  • On February 28, 1999, in a PR Newswire press release, North Face announced that its Board of
  • In ignorance of the adverse facts concerning North Face's true business and financial

  • 4 . COMPLAINT 2

    EXTRACTED KEY WORDS
    DEFENDANTS
    PLAINTIFFS
    CLASS PERIOD
    SALES
    FINANCIALS
    FACE COMMON STOCK
    FEDERAL SECURITIES LAWS
    OFFICER
    SIMON
    FIFIELD
    PRICE
    COMPLAINT
    COURT
    HARRY GRUSZECKI
    VIOLATION
    DIRECTORS
    REPRESENTATIVE PARTY
    INDIVIDUAL DEFENDANTS
    EXCHANGE ACT
    NET INCOME
    MATERIAL FACTS
    UNITED STATES
    STUART MARKUS
    GEORGE KINDT
    ADMINISTRATOR
    MATIAS GRUSZECKI
    MISLEADING STATEMENTS
    CHRISTOPHER
    PURCHASERS
    
    
    
                     IN THE UNITED STATES DISTRICT COURT
                         FOR THE DISTRICT OF COLORADO
    
    
    Civil Action No. 99-WM-473 [filed Mar. 9, 1999]
    
    
    STUART MARKUS, GEORGE KINDT and HARRY GRUSZECKI, Administrator of
    the Estate of Matias Gruszecki, On Behalf of Themselves and All
    Others Similarly Situated,
    
          Plaintiffs,
    
    v.
    
    THE NORTH FACE, INC., JAMES G. FIFIELD, WILLIAM N. SIMON and
    CHRISTOPHER F. CRAWFORD,
    
          Defendants.
    
    ___________________________________________________________________
    
                   CLASS ACTION COMPLAINT AND JURY DEMAND
                FOR VIOLATION OF THE FEDERAL SECURITIES LAWS
    
          This is a class action alleging violation of the Federal
    
    Securities laws by The North Face, Inc. ("North Face," or the
    
    "Company") and certain of its top officers and directors on behalf
    
    of the purchasers of North Face common stock between April 25, 1997
    
    and March 4, 1999 (the "Class Period"). During the Class Period,
    
    the defendants falsely reported North Face's financial results and
    
    overstated its sales growth causing the Company's stock price to
    
    trade at as high as $29. Ultimately on March 5, 1999, North Face
    
    announced its audited 1998 results were "delayed" and that,
    
    contrary to its repeated assertions during the Class Period that
    
    its financials were properly stated, adjustments to its 1997
    
    SNIPPETS:
  • IN THE UNITED STATES DISTRICT COURT
  • STUART MARKUS, GEORGE KINDT and HARRY GRUSZECKI, Administrator of the Estate of Matias
  • CLASS ACTION COMPLAINT AND JURY DEMAND FOR VIOLATION OF THE FEDERAL SECURITIES LAWS
  • Securities laws by The North Face, Inc. ("North Face," or the
  • of the purchasers of North Face common stock between April 25,
  • During the Class Period,
  • the defendants falsely reported North Face's financial results and
  • overstated its sales growth causing the Company's stock price to
  • its financials were properly stated,
  • On this news, North Face's stock price
  • this action under §27 of the Securities Exchange Act of 1934 (the
  • Face common stock during the Class Period as set forth on the
  • Plaintiff George Kindt purchased shares of North
  • Defendant James G. Fifield has been
  • President and Chief Executive Officer of the Company since May 19,
  • Company's Board of Directors.
  • Defendant William N. Simon was President
  • Defendant Christopher F. Crawford has
  • Individual Defendants had the power and influence to cause North
  • PLAINTIFFS CLASS ALLEGATIONS
  • misrepresented material facts concerning the business and finances
  • Products are marketed directly in the United States,
  • $39.3 million, net income of $235,000 and EPS of $0.02.
  • misleading statements of material facts and/or omitting to state
  • I am willing to serve as a representative party on behalf of a class, including providing
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