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NORTHPOINT COMMUNICATIONS Click to find out why . . .



Keywords & Phrases
CaseNo: NC144962, CourtName: CLASS ACTION CASES, State: CA California, UniqueCaseRef: LCD>NC144962, Northpoint, Northpoint Communications, Publicly Traded Securities, Network, Verizon, Movants, Lead Plaintiff, Revenue, Class Action, Merger Agreement, Customers, Financial Statements, San Francisco, Complaint, Material Adverse Effect, Dsl, Act, Securities, Misleading, Latham, Watkins, Weaver, Exchange, Service Providers, Digital Subscriber, Allegedly False, Lerach Llp, Law Offices, Liz Fetter, Consolidation, Businesses, Financing, Cash Investment, Debt Financing, Holzer, Pending, Facts , ContentID: 120246229

Case Documents
1   MOTION TO APPOINT LEAD PLAINTIFF
[ see first page and extracted highlights below  ] ItemID: 114603
12 pages
PDF
2   COMPLAINT B 2
[ see first page and extracted highlights below  ] ItemID: 114601
19 pages
PDF
3   COMPLAINT B 1
[ see first page and extracted highlights below  ] ItemID: 114600
19 pages
PDF
4   COMPLAINT A 2
[ see first page and extracted highlights below  ] ItemID: 114599
20 pages
PDF
5   COMPLAINT A 1
[ see first page and extracted highlights below  ] ItemID: 114598
20 pages
PDF
6 2001-11-29 DEFENDANTS MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM
[ see first page and extracted highlights below  ] ItemID: 114602
42 pages
PDF
7 2001-11-29 CERTIFICATE OF SERVICE
[ see first page and extracted highlights below  ] ItemID: 114597
4 pages
PDF
8 2001-05-21 MOTION TO CONSOLIDATE
[ see first page and extracted highlights below  ] ItemID: 114604
9 pages
PDF
Total Documents: 8 documents , 145 pages
Price: $ 54.95


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1 . MOTION TO APPOINT LEAD PLAINTIFF

EXTRACTED KEY WORDS
LEAD PLAINTIFF
NORTHPOINT
SECURITIES
WEAVER
EXCHANGE
COURT
COUNSEL
LERACH LLP
CLASS MEMBERS
SAN FRANCISCO
NORTHPOINT COMMUNICATIONS
PENDING
MEMORANDUM
APPOINTED LEAD PLAINTIFF
RELIEF
APPROVE MOVANTS
EXCHANGE ACT
WEAVER DECL
MILBERG WEISS BERSHAD
CO-LEAD COUNSEL
DEFENDANTS
CLASS PERIOD
PSLRA
APPOINTMENT
MISLEADING STATEMENTS
BALA PLAZA EAST
PROCEDURAL BACKGROUND
RELATED CLASS ACTIONS
SHAREHOLDERS


MILBERG WEISS BERSHAD
HYNES & LERACH LLP
REED R. KATHREIN (139304)
LESLEY E. WEAVER (191305)
100 Pine Street, Suite 2600
San Francisco, CA 94111
Telephone: 415/288-4545
415/288-4534 (fax)
- and -
WILLIAM S. LERACH (68581)
600 West Broadway, Suite 1800
San Diego, CA 92101
Telephone: 619/231-1058
619/231-7423 (fax)
SCHIFFRIN & BARROWAY, LLP
ANDREW L. BARROWAY
DAVID KESSLER
Three Bala Plaza East, Suite 400
Bala Cynwyd, PA 19004
Telephone: 610/667-7706
610/667-7056 (fax)

[Proposed] Co-Lead Counsel for Plaintiffs



                                   UNITED STATES DISTRICT COURT

                               NORTHERN DISTRICT OF CALIFORNIA

                                         SAN JOSE DIVISION

BRENT ATWOOD, et al., On Behalf                )  No. C-01-20142-EAI
of Themselves and All Others Similarly         )
Situated,                                      )  CLASS ACTION
                        Plaintiffs,            ) )  NOTICE OF MOTION AND
                                                     MOTION TO APPOINT FB
    vs.                                        ) )  CAPITAL MANAGEMENT
MICHAEL W. MALAGA, et al.,                     )  OF KANSAS AND COAST
                                               )  INVESTMENT &
                                               )
                        Defendants,            )  DEVELOPMENT CO. KSC
                                               )  AS LEAD PLAINTIFF
- and -                                        )  PURSUANT TO SECTION
                                               )  21D(a)(3)(B) OF THE
NORTHPOINT COMMUNICATIONS  )  SECURITIES EXCHANGE
SNIPPETS:
  • Three Bala Plaza East, Suite 400
  • Co-Lead Counsel for Plaintiffs
  • NORTHPOINT COMMUNICATIONS) SECURITIES EXCHANGE
  • PROCEDURAL BACKGROUND
  • SUMMARY OF PENDING ACTIONS
  • Movants Should Be Appointed Lead Plaintiff
  • Movants Believe They Have the Largest Financial Interest in the Relief Sought by the Class
  • This Court Should Approve Movants' Choice of Counsel
  • Movants meet the requirements of Rule 23 of the Federal Rules of Civil Procedure because
  • The motion is based on this notice of motion, the supporting memorandum of points and
  • Movants, who collectively suffered at least $1,859,373.41 in losses from purchases of
  • Section 21D of the Exchange Act, as amended by the PSLRA, establishes the procedure for the
  • Movants have suffered losses of at least $1,859,373.41 as a result of their purchases of
  • Concurrently with the filing of this motion, Movants have also filed a motion to consolidate
  • To the extent that claims against NorthPoint Communications Group, Inc., debtor in Chapter 11
  • The Exchange Act, as amended by the PSLRA, requires prompt publication of notice advising
  • Jan. 12, 2001) (appointing seven shareholders) (Weaver Decl., Ex.
  • Whether defendants caused NorthPoint to issue false and misleading statements during the
  • In addition, Movants have selected the law firms of Milberg Weiss Bershad Hynes & Lerach LLP
  • In these related cases, Movants have selected the law firms of Milberg Weiss Bershad Hynes &
  • That declarant is and was, at all times herein mentioned, a citizen of the United States and

  • 2 . COMPLAINT B 2

    EXTRACTED KEY WORDS
    NORTHPOINT COMMUNICATIONS
    NETWORK
    PLAINTIFF
    PUBLICLY TRADED SECURITIES
    VERIZON
    ACT
    CLASS ACTION
    DIGITAL SUBSCRIBER
    MERGER AGREEMENT
    REVENUE
    FINANCIAL STATEMENTS
    DEFENDANTS
    MATERIAL ADVERSE EFFECT
    CUSTOMERS
    DSL
    SAN FRANCISCO
    COMMON DIAL-UP
    TRANSPORT DATA
    MISLEADING
    SERVICE PROVIDERS
    LIZ FETTER
    FASTER SPEEDS
    BUSINESSES
    ACCOUNTING PRINCIPLES
    MATERIALLY FALSE
    CASH INVESTMENT
    DEBT FINANCING
    DETERIORATION
    TECHNOLOGY
    
    
    
    MILBERG WEISS BERSHAD
    HYNES & LERACH LLP
    REED R. KATHREIN (139304)
    LESLEY E. WEAVER (191305)
    100 Pine Street, Suite 2600
    San Francisco, CA 94111
    Telephone: 415/288-4545
    415/288-4534 (fax)
        - and -
    WILLIAM S. LERACH (68581)
    600 West Broadway, Suite 1800
    San Diego, CA 92101
    Telephone: 619/231-1058
    619/231-7423 (fax)
    
    LAW OFFICE OF KLARI NEUWELT
    KLARI NEUWELT
    110 East 59th Street, 29th Floor
    New York, NY 10022
    Telephone: 212/593-8800
    212/593-9131 (fax)
    
    Attorneys for Plaintiff
    
    
    
                                       UNITED STATES DISTRICT COURT
    
                                    NORTHERN DISTRICT OF CALIFORNIA
    
    ALEXANDER WEINGARTEN, On Behalf                    )  No. C-01-1257-JL
    of Himself and All Others Similarly Situated,      )  CLASS ACTION
                            Plaintiff,                 )
                                                       )  COMPLAINT FOR VIOLATION
        vs.                                            )
                                                       )  OF THE FEDERAL SECURITIES
                                                       )
    MICHAEL P. GLINSKY and ELIZABETH                          LAWS
                                                       )
    A. FETTER,
                                                       )
                                                       )
                            Defendants.                )
    _____________________________________ ) DEMAND FOR JURY TRIAL
    
                                            SUMMARY AND OVERVIEW
    
    SNIPPETS:
  • of Himself and All Others Similarly Situated,) CLASS ACTION
  • This is a securities class action on behalf of all purchasers of the publicly traded
  • NorthPoint's officers and directors for violations of the Securities Exchange Act of 1934.
  • The Company's networks use digital subscriber line technology to transport data at faster
  • NorthPoint markets its network and data transport services to Internet service providers,
  • Then, on November 20, 2000, NorthPoint announced that it would restate its Q3 2000 financial
  • Then, on November 29, 2000, Verizon Communications withdrew from a merger agreement with
  • The Company's principal executive offices are in San Francisco, California, where the
  • Plaintiff Alexander Weingarten purchased NorthPoint publicly traded securities as described
  • Each defendant was provided with copies of the Company's reports and press releases alleged
  • Because of their positions and access to material non-public information available to them
  • On August 7, 2000, Verizon and NorthPoint entered into an Agreement and Plan of Merger to
  • On August 7, 2000, Verizon also entered into a Commitment Letter to provide financing to
  • each agreement allowed Verizon to terminate the contemplated deal if NorthPoint suffered a
  • the Commitment Letter provides that "Verizon's willingness to provide the Interim Debt
  • NorthPoint Communications today reported results for the quarter ended June 30, 2000,
  • The merger combines the DSL networks, product suites, strategic partnerships, customers and
  • On September 6, 2000, NorthPoint announced in a press release which stated in part:
  • "Verizon's equity investment and debt financing will help NorthPoint maintain strong momentum
  • NorthPoint attributed its customers' inability pay their bills to the customers'

  • 3 . COMPLAINT B 1

    EXTRACTED KEY WORDS
    NORTHPOINT COMMUNICATIONS
    NETWORK
    PLAINTIFF
    PUBLICLY TRADED SECURITIES
    VERIZON
    ACT
    CLASS ACTION
    MERGER AGREEMENT
    REVENUE
    FINANCIAL STATEMENTS
    DEFENDANTS
    MATERIAL ADVERSE EFFECT
    CUSTOMERS
    DSL
    SAN FRANCISCO
    FINANCING
    MISLEADING
    SERVICE PROVIDERS
    LIZ FETTER
    BUSINESSES
    DIGITAL SUBSCRIBER
    ACCOUNTING PRINCIPLES
    MATERIALLY FALSE
    CASH INVESTMENT
    DEBT FINANCING
    DETERIORATION
    BARROWAY
    BALA PLAZA EAST
    PURCHASERS
    
    
    
    MILBERG WEISS BERSHAD
    HYNES & LERACH LLP
    REED R. KATHREIN (139304)
    100 Pine Street, Suite 2600
    San Francisco, CA 94111
    Telephone: 415/288-4545
    415/288-4534 (fax)
        - and -
    WILLIAM S. LERACH (68581)
    DARREN J. ROBBINS (168593)
    600 West Broadway, Suite 1800
    San Diego, CA 92101
    Telephone: 619/231-1058
    619/231-7423 (fax)
    
    SCHIFFRIN & BARROWAY, LLP
    ANDREW L. BARROWAY
    DAVID KESSLER
    Three Bala Plaza East, Suite 400
    Bala Cynwyd, PA 19004
    Telephone: 610/667-7706
    610/667-7056 (fax)
    
    Attorneys for Plaintiff
    
    [Additional counsel appear on signature page.]
    
    
    
    
                                       UNITED STATES DISTRICT COURT
    
                                    NORTHERN DISTRICT OF CALIFORNIA
    
    FRANK BLUMENTHAL, On Behalf of                   )  No. C-01-0752-JL
    Himself and All Others Similarly Situated,       )  CLASS ACTION
                            Plaintiff,               ) )  COMPLAINT FOR VIOLATION
        vs.                                          ) )  OF THE FEDERAL SECURITIES
    MICHAEL P. GLINSKY and                           )  LAWS
                                                     )
    ELIZABETH A. FETTER,
                                                     )
                                                     )
                            Defendants.              )
    __________________________________ ) DEMAND FOR JURY TRIAL
    
    
    SNIPPETS:
  • SCHIFFRIN & BARROWAY, LLP ANDREW L. BARROWAY DAVID KESSLER
  • Three Bala Plaza East, Suite 400
  • Himself and All Others Similarly Situated,) CLASS ACTION
  • This is a securities class action on behalf of all purchasers of the publicly traded
  • NorthPoint markets its network and data transport services to Internet service providers,
  • Then, on November 20, 2000, NorthPoint announced that it would restate its Q3 2000 financial
  • Then, on November 29, 2000, Verizon Communications withdrew from a merger agreement with
  • The Company's principal executive offices are in San Francisco, California, where the
  • Plaintiff Frank Blumenthal purchased NorthPoint publicly traded securities as described in
  • Each defendant was provided with copies of the Company's reports and press releases alleged
  • Because of their positions and access to material non-public information available to them
  • On August 7, 2000, Verizon and NorthPoint entered into an Agreement and Plan of Merger to
  • On August 7, 2000, Verizon also entered into a Commitment Letter to provide financing to
  • each agreement allowed Verizon to terminate the contemplated deal if NorthPoint suffered a
  • the Commitment Letter provides that "Verizon's willingness to provide the Interim Debt
  • NorthPoint Communications today reported results for the quarter ended June 30, 2000,
  • The merger combines the DSL networks, product suites, strategic partnerships, customers and
  • On September 6, 2000, NorthPoint announced in a press release which stated in part:
  • "Verizon's equity investment and debt financing will help NorthPoint maintain strong momentum
  • NorthPoint attributed its customers' inability pay their bills to the customers'

  • 4 . COMPLAINT A 2

    EXTRACTED KEY WORDS
    NORTHPOINT COMMUNICATIONS
    PLAINTIFFS
    PUBLICLY TRADED SECURITIES
    VERIZON
    CLASS ACTION
    MERGER AGREEMENT
    REVENUE
    FINANCIAL STATEMENTS
    DEFENDANTS
    MATERIAL ADVERSE EFFECT
    CUSTOMERS
    SAN FRANCISCO
    LAW OFFICES
    DSL
    NETWORK
    HOLZER
    LERACH LLP
    MARC
    HENZEL
    CURTIS
    TRINKO
    MISLEADING
    SERVICE PROVIDERS
    LIZ FETTER
    KATHREIN
    STATES DISTRICT COURT
    BUSINESSES
    CASH INVESTMENT
    DEBT FINANCING
    
    
    
    MILBERG WEISS BERSHAD
    HYNES & LERACH LLP
    REED R. KATHREIN (139304)
    LESLEY E. WEAVER (191305)
    100 Pine Street, Suite 2600
    San Francisco, CA 94111
    Telephone: 415/288-4545
    415/288-4534 (fax)
        - and -
    WILLIAM S. LERACH (68581)
    600 West Broadway, Suite 1800
    San Diego, CA 92101
    Telephone: 619/231-1058
    619/231-7423 (fax)
    
    LAW OFFICES OF MARC S. HENZEL
    MARC S. HENZEL
    210 West Washington Square
    Third Floor
    Philadelphia, PA 19106-3503
    Telephone: 215/625-9999
    215/440-9475 (fax)
    
    LAW OFFICES OF CURTIS V.
    TRINKO, LLP
    CURTIS V. TRINKO
    16 West 46th Street, Seventh Floor
    New York, NY 10036
    Telephone: 212/490-9550
    212/986-0158 (fax)
    
    HOLZER & HOLZER
    COREY D. HOLZER
    6135 Barfield Road, Suite 102
    Atlanta, GA 30328
    Telephone: 404/847-0085
    404/847-0036 (fax)
    
     Attorneys for Plaintiffs
    
    [Additional counsel appear on signature page.]
    
    
                              UNITED STATES DISTRICT COURT
    
                            NORTHERN DISTRICT OF CALIFORNIA
    
    SNIPPETS:
  • LAW OFFICES OF MARC S. HENZEL MARC S. HENZEL
  • LAW OFFICES OF CURTIS V. TRINKO,
  • HOLZER & HOLZER COREY D. HOLZER
  • UNITED STATES DISTRICT COURT
  • This is a securities class action on behalf of all purchasers of the publicly traded
  • NorthPoint markets its network and data transport services to Internet service providers,
  • Then, on November 20, 2000, NorthPoint announced that it would restate its Q3 2000 financial
  • Then, on November 29, 2000, Verizon Communications withdrew from a merger agreement with
  • The Company's principal executive offices are in San Francisco, California, where the
  • Plaintiff Thomas Carr purchased NorthPoint publicly traded securities as described in the
  • Each defendant was provided with copies of the Company's reports and press releases alleged
  • Because of their positions and access to material non-public information available to them
  • Defendants acted knowingly or in such a reckless manner as to constitute a fraud and deceit
  • On August 7, 2000, Verizon and NorthPoint entered into an Agreement and Plan of Merger to
  • On August 7, 2000, Verizon also entered into a Commitment Letter to provide financing to
  • each agreement allowed Verizon to terminate the contemplated deal if NorthPoint suffered a
  • the Commitment Letter provides that "Verizon's willingness to provide the Interim Debt
  • The merger combines the DSL networks, product suites, strategic partnerships, customers and
  • On September 6, 2000, NorthPoint announced in a press release which stated in part:
  • "Verizon's equity investment and debt financing will help NorthPoint maintain strong momentum
  • CLASS ACTION ALLEGATIONS
  • REED R. KATHREIN LESLEY E. WEAVER
  • MILBERG WEISS BERSHAD HYNES & LERACH LLP WILLIAM S. LERACH

  • 5 . COMPLAINT A 1

    EXTRACTED KEY WORDS
    NORTHPOINT COMMUNICATIONS
    PLAINTIFFS
    PUBLICLY TRADED SECURITIES
    VERIZON
    CLASS ACTION
    MERGER AGREEMENT
    REVENUE
    FINANCIAL STATEMENTS
    DEFENDANTS
    MATERIAL ADVERSE EFFECT
    CUSTOMERS
    DSL
    NETWORK
    SAN FRANCISCO
    LAW OFFICES
    BROADBAND
    FINANCING
    MISLEADING
    SERVICE PROVIDERS
    LIZ FETTER
    HOLZER
    STATES DISTRICT COURT
    BUSINESSES
    DIGITAL SUBSCRIBER
    ACCOUNTING PRINCIPLES
    MATERIALLY FALSE
    CASH INVESTMENT
    DEBT FINANCING
    DETERIORATION
    
    
    
    
    MILBERG WEISS BERSHAD
    HYNES & LERACH LLP
    REED R. KATHREIN (139304)
    LESLEY E. WEAVER (191305)
    100 Pine Street, Suite 2600
    San Francisco, CA 94111
    Telephone: 415/288-4545
    415/288-4534 (fax)
        - and -
    WILLIAM S. LERACH (68581)
    600 West Broadway, Suite 1800
    San Diego, CA 92101
    Telephone: 619/231-1058
    619/231-7423 (fax)
    
    LAW OFFICES OF MARC S. HENZEL
    MARC S. HENZEL
    210 West Washington Square
    Third Floor
    Philadelphia, PA 19106-3503
    Telephone: 215/625-9999
    215/440-9475 (fax)
    
    LAW OFFICES OF CURTIS V.
    TRINKO, LLP
    
    CURTIS V. TRINKO
    16 West 46th Street, Seventh Floor
    New York, NY 10036
    Telephone: 212/490-9550
    212/986-0158 (fax)
    
    HOLZER & HOLZER
    COREY D. HOLZER
    6135 Barfield Road, Suite 102
    Atlanta, GA 30328
    Telephone: 404/847-0085
    404/847-0036 (fax)
    
     Attorneys for Plaintiffs
    
    [Additional counsel appear on signature page.]
    
    
                              UNITED STATES DISTRICT COURT
    
    SNIPPETS:
  • LAW OFFICES OF MARC S. HENZEL MARC S. HENZEL
  • HOLZER & HOLZER COREY D. HOLZER
  • UNITED STATES DISTRICT COURT
  • This is a securities class action on behalf of all purchasers of the publicly traded
  • NorthPoint markets its network and data transport services to Internet service providers,
  • Then, on November 20, 2000, NorthPoint announced that it would restate its Q3 2000 financial
  • Then, on November 29, 2000, Verizon Communications withdrew from a merger agreement with
  • The Company's principal executive offices are in San Francisco, California, where the
  • Plaintiff Thomas Carr purchased NorthPoint publicly traded securities as described in the
  • Each defendant was provided with copies of the Company's reports and press releases alleged
  • Because of their positions and access to material non-public information available to them
  • Defendants acted knowingly or in such a reckless manner as to constitute a fraud and deceit
  • On August 7, 2000, Verizon and NorthPoint entered into an Agreement and Plan of Merger to
  • On August 7, 2000, Verizon also entered into a Commitment Letter to provide financing to
  • contemplated deal if NorthPoint suffered a "Material Adverse Effect" as defined in the Merger
  • the Commitment Letter provides that "Verizon's willingness to provide the Interim Debt
  • NorthPoint Communications today reported results for the quarter ended June 30, 2000,
  • The merger combines the DSL networks, product suites, strategic partnerships, customers and
  • On September 6, 2000, NorthPoint announced in a press release which stated in part:
  • "Verizon's equity investment and debt financing will help NorthPoint maintain strong momentum
  • NorthPoint attributed its customers' inability pay their bills to the customers'
  • CLASS ACTION ALLEGATIONS

  • 6 . DEFENDANTS MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

    EXTRACTED KEY WORDS
    COMPLAINT
    DEFENDANTS
    LATHAM
    WATKINS
    ALLEGEDLY FALSE
    REVENUE
    PLAINTIFF
    COURT
    FACTS
    REPORTS
    LITIG
    COMMUNICATIONS
    MISLEADING
    VERIZON
    CUSTOMERS
    ALLEGATIONS
    CHALLENGED STATEMENTS
    MICHAEL MALAGA
    PRIVATE SECURITIES
    PSLRA
    DELINQUENT ACCOUNTS
    CALIFORNIA
    FEDERAL RULES
    LITIGATION REFORM ACT
    SUBSCRIBER
    SPLASH TECH
    CONTRADICT
    AGING REPORTS
    REVENUE RECOGNITION
    
                      1  LATHAM & WATKINS
                                  Jay L. Pomerantz (Bar No. 209869)
                      2       Elena Ro (Bar No. 197308)
                                  Kevin H. Metz (Bar No. 203268)
                      3  135 Commonwealth Drive
                             Menlo Park, California 94025
                      4  Telephone:  (650) 328-4600
                             Facsimile:  (650) 463-2600
                      5
                             LATHAM & WATKINS
                      6               Gregory P. Lindstrom  (Bar No. 82334)
                             505 Montgomery Street, Suite 1900
                      7  San Francisco, California 94111
                             Telephone:  (415) 391-0600
                      8  Facsimile:  (415) 395-8095
    
                      9  Attorneys for Defendants
                             NorthPoint Communications Group, Inc.
                    10  and the Individual Defendants
    
                    11                                        UNITED STATES DISTRICT COURT
    
                    12                                      NORTHERN DISTRICT OF CALIFORNIA
    
                    13                                            SAN FRANCISCO DIVISION
    
                    14
                    15
                                                                                     Master File No.
                    16
                             IN RE NORTHPOINT                                        CLASS ACTION
                    17  COMMUNICATIONS GROUP, INC.
                             SECURITIES LITIGATION                                   INDIVIDUAL
                    18                                                               MOTION, MOTION TO
                                                                                     FAILURE TO STATE A
                    19  AND CONSOLIDATED CASES                                       SUPPORTING
                                                                                     POINTS AND
                    20
                                                                                     Date:           
                    21                                                               Time:           
                                                                                     Courtroom: 9
                    22  This Document Relates To: All Actions                        Judge:          
    
                    23
    
                    24
    
                    25
    
    SNIPPETS:
  • LATHAM & WATKINS
  • San Francisco, California 94111
  • Attorneys for Defendants
  • NorthPoint Communications Group, Inc.
  • and Michael Malaga will and hereby do move the Court pursuant to Rule
  • 12and Rule 9of the Federal Rules of Civil Procedure,
  • 14 Complaint pursuant to Rules 12and 9of the Federal Rules of Civil
  • 15 Procedure, and the PSLRA, 15 U.S.C. 78u-4, for failure to state a claim upon which
  • P. 9that Defendants made material statements that were false or misleading?
  • Allegedly False Revenue Statements
  • Allegedly False Subscriber Growth Statements
  • Allegedly False Statements Related to the Verizon Merger
  • Sec. Litig.,
  • In re Splash Tech. Holdings,
  • Complaint is to try to make up in volume what the Complaint lacks in specific allegations of
  • under the heightened pleading standard established by the Private Securities
  • Litigation Reform Act and enforced by the Courts in this circuit, a plaintiff
  • 10 customers to ensure that it only recognized revenue that satisfied proper revenue
  • it received facts indicating that certain of its privately-held customers who acted as
  • and in accordance with NorthPoint's revenue recognition policies and SEC
  • 16 Complaint alleges no facts that even make the list of ten "challenged statements" false.
  • 16 Harbor Statement included in August 8, 2000 press release "NorthPoint Reports
  • Communications, the first step in completing their groundbreaking agreement to merge their
  • Complaint do not contradict NorthPoint's statements regarding revenue.
  • 14 alleged "aging reports" showing the time it took to install a line after an order was
  • 18 21 Plaintiff fails to allege that the delinquent accounts receivable were included in the

  • 7 . CERTIFICATE OF SERVICE

    EXTRACTED KEY WORDS
    WATKINS
    SERVICE CARRIER
    OVERNIGHT MAIL DELIVERY
    OVERNIGHT MAIL
    CALIFORNIA
    ATTORNEYS
    PRACTICE
    DEPOSITING
    LAW
    COMMONWEALTH
    MENLO PARK
    SAN FRANCISCO
    BUSINESS
    PACKAGE
    ABOVE21
    ACCORDANCE
    COLLECTING
    PROCESSING DOCUMENTS
    CERTIFICATE
    ELECTRONIC TRANSMISSION
    COMPLIANCE
    CIVIL
    DESIGNATED INTERNET SITE
    EMAILING
    COURT
    DECLARE
    PENALTY
    PERJURY
    FOREGOING
    
    
    
                      1  LATHAM & WATKINS
                                  Jay L. Pomerantz (Bar No. 209869)
                      2       Elena Ro (Bar No. 197308)
                                  Kevin H. Metz (Bar No. 203268)
                      3  135 Commonwealth Drive
                             Menlo Park, California 94025
                      4  Telephone:  (650) 328-4600
                             Facsimile:  (650) 463-2600
                      5
                             LATHAM & WATKINS
                      6                    Gregory P. Lindstrom  (Bar No. 82334)
                             505 Montgomery Street, Suite 1900
                      7  San Francisco, California 94111
                             Telephone:  (415) 391-0600
                      8  Facsimile:  (415) 395-8095
    
                      9  Attorneys for Defendants
                             NorthPoint Communications Group, Inc.
                    10  and the Individual Defendants
    
                    11                                             UNITED STATES DISTRICT COURT
    
                    12                                           NORTHERN DISTRICT OF CALIFORNIA
    
                    13                                                 SAN FRANCISCO DIVISION
    
                    14
                    15
                                                                                          Master File
                    16
                             IN RE NORTHPOINT                                             CLASS ACTION
                    17  COMMUNICATIONS GROUP, INC.
                             SECURITIES LITIGATION                                        CERTIFICATE
                    18
                                                                                          Date:        
                    19  AND CONSOLIDATED CASES                                            Time:        
                                                                                          Courtroom: 9
                    20                                                                    Judge:       
                             This Document Relates To: All Actions
                    21
    
                    22
                    23
                    24
                    25
                    26
    
    SNIPPETS:
  • LATHAM & WATKINS
  • San Francisco, California 94111
  • Attorneys for Defendants
  • My business address is Latham & Watkins, 135 Commonwealth
  • Drive, Menlo Park, CA 94025.
  • documents for overnight mail delivery by Express Mail or other express service carrier.
  • documents are deposited with the Latham & Watkins personnel responsible for depositing
  • deposited in Latham & Watkins' interoffice mail a sealed envelope or package containing the
  • Watkins for collecting and processing documents for overnight mail delivery by Express Mail
  • ATTORNEYS AT LAW
  • Certificate Of Service by electronic transmission on this date, in compliance with Civil L.R.
  • the Designated Internet Site listed below:
  • by emailing the documents to the following email address:
  • this Court at whose direction the service was made and declare under penalty of perjury
  • under the laws of the State of California that the foregoing is true and correct.

  • 8 . MOTION TO CONSOLIDATE

    EXTRACTED KEY WORDS
    NORTHPOINT
    COURT
    MOTION
    PLAINTIFF
    LEAD PLAINTIFF
    INDIVIDUAL ACTIONS
    SECURITIES
    MOVANTS
    PURSUANT
    BANKRUPTCY
    SAN FRANCISCO
    PENDING
    EXCHANGE ACT
    DEFENDANTS
    PSLRA
    PRIOR
    APPOINTMENT
    ASSERT
    DISTRICT
    DECLARATION
    PURPOSES
    EFFICIENCY
    DETERMINATION
    PRESERVATION
    PROVISIONS
    UNITED STATES
    SERVICE PROVIDERS
    AUTHORITIES
    DISCOVERY
    
    
    
    MILBERG WEISS BERSHAD
    HYNES & LERACH LLP
    REED R. KATHREIN (139304)
    LESLEY E. WEAVER (191305)
    100 Pine Street, Suite 2600
    San Francisco, CA 94111
    Telephone: 415/288-4545
    415/288-4534 (fax)
    - and -
    WILLIAM S. LERACH (68581)
    600 West Broadway, Suite 1800
    San Diego, CA 92101
    Telephone: 619/231-1058
    619/231-7423 (fax)
    
    SCHIFFRIN & BARROWAY, LLP
    ANDREW L. BARROWAY
    DAVID KESSLER
    Three Bala Plaza East, Suite 400
    Bala Cynwyd, PA 19004
    Telephone: 610/667-7706
    610/667-7056 (fax)
    
    [Proposed] Co-Lead Counsel for Plaintiffs
    
    
    
                                       UNITED STATES DISTRICT COURT
    
                                   NORTHERN DISTRICT OF CALIFORNIA
    
                                             SAN JOSE DIVISION
    BRENT ATWOOD, et al., On Behalf                       )  No. C-01-20142-EAI
    of Themselves and All Others Similarly Situated,      )  CLASS ACTION
                            Plaintiffs,                   ) ) NOTICE OF MOTION AND
        vs.                                               ) ) MOTION TO CONSOLIDATE
    MICHAEL W. MALAGA, et al.,                            )  AND/OR COORDINATE RELATED
                                                          )  ACTIONS; MEMORANDUM
                                                          )
                            Defendants,                         OF POINTS AND AUTHORITIES
                                                          ) ) IN SUPPORT THEREOF
    - and -                                               ) ) DATE:     May 21, 2001
    NORTHPOINT COMMUNICATIONS                             )  TIME:     2:00 p.m.
    GROUP, INC.,                                          )  COURTROOM: 7, Honorable
                                                          )                    Edward A. Infante
                            Nominal Defendant.            )
    
    SNIPPETS:
  • 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
  • This Court Should Order the Preservation of Documents
  • These cases shall be referred to herein as the "Individual Actions."
  • This motion is brought on the grounds that the Individual Actions are substantially identical
  • The motion is also brought on the ground that consolidation of these cases will promote
  • As these cases also assert claims against NorthPoint, an entity currently in bankruptcy
  • Movants do not seek consolidation of any stayed claims.
  • This motion is based upon this notice of motion, the memorandum of points and authorities,
  • By order of April 13, 2001, Judge Carlson of the United States Bankruptcy Court for the
  • The relief granted by Judge Carlson included any action, and any consolidated action, wherein
  • See Order Granting Plaintiff's Ex Parte Motion Pursuant to Bankruptcy Rule of Federal
  • D to the Declaration of Lesley E. Weaver,
  • NorthPoint marketed its network and data transport services to Internet service providers,
  • Then, on November 20, 2000, NorthPoint announced that it would restate its third quarter
  • On January 16, 2001, NorthPoint filed for Chapter 11 protection in the United States
  • That declarant is and was, at all times herein mentioned, a citizen of the United States and
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