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1
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DOCKET 2
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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)
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2
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DOCKET 1
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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
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3
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COMPLAINT 1
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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
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4
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COMPLAINT 2
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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
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