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Keywords & Phrases
CaseNo: OC125100, CourtName: CLASS ACTION CASES, State: NY New York, UniqueCaseRef: LCD>OC125100, Complaint, Facts, Act, Common Stock, Underwriters, Stock, Allege, Allegations, Violation, Fraud, Class Period, Fda, Securities Fraud, Assert, Misleading, Motion, Contract, Securities, Exhibits, Materials, Care, Exchange Act, York, Chan Plaintiffs, Warning Letter, District Court, Philadelphia, Purchasers, Cigna Contract, Individual Defendants, Reform Act, Margin Pressures, Securities Act, Insider Trading, Medicare Audit, Materially False, Lead Plaintiffs, Home Health, Purchases, Investors , ContentID: 120246247

Case Documents
1   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 114712
65 pages
PDF
2 2000-07-14 DOCKET
[ see first page and extracted highlights below  ] ItemID: 114713
10 pages
PDF
3 1998-02-05 ORDER 1
[ see first page and extracted highlights below  ] ItemID: 114714
73 pages
PDF
4 1996-11-18 ORDER 2
[ see first page and extracted highlights below  ] ItemID: 114715
17 pages
PDF
Total Documents: 4 documents , 165 pages
Price: $ 34.95


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1 . COMPLAINT

EXTRACTED KEY WORDS
PLAINTIFF
COMMON STOCK
FACTS
BUSINESS
ALLEGATIONS
CONTRACT
MEMBERS
CLASS PERIOD
MATERIALS
SECURITIES
CARE
YORK
MISLEADING
PURCHASERS
CIGNA CONTRACT
INDIVIDUAL DEFENDANTS
MARGIN PRESSURES
SECURITIES ACT
MEDICARE AUDIT
MATERIALLY FALSE
HOME HEALTH
EXCHANGE ACT
MATERIAL ADVERSE
STAFFING SERVICES
PROSPECTUS
NETWORK PROVIDERS
OLSTEN SHARES
MANAGEMENT
MANAGED CARE



David J. Bershad (DB-9981)
Steven G. Schulman (SS-2561)
Samuel H. Rudman
MILBERG WEISS BERSHAD
     HYNES & LERACH LLP
One Penn Plaza
New York, New York 10119
(212) 594-5300

[Additional Counsel Listed
On Signature Page]


UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

___________________________________)
GAIL WEICHMAN on behalf of                )
herself and all others similarly          )
situated,                                 )          CASE NO. CV 97 1946
                                          )
                           Plaintiff,     )          CLASS ACTION COMPLAINT
                                          )          FOR VIOLATIONS OF
                   v.                     )          FEDERAL SECURITIES LAWS
                                          )
OLSTEN CORPORATION, MIRIAM OLSTEN, )
WILLIAM OLSTEN, ANTHONY J. PUGLISI )
and FRANK LIGOURI,                        ))
                           Defendants.    )
___________________________________)


              Plaintiff makes the following allegations upon

information and belief, except as to allegations specifically

pertaining to plaintiff and her counsel, based on the facts

alleged below, predicated upon the investigation undertaken by

and under the supervision of plaintiff's counsel, and plaintiff

believes that further substantial evidentiary support will exist

for the allegations set forth below after a reasonable
SNIPPETS:
  • One Penn Plaza New York,
  • Plaintiff makes the following allegations upon
  • This is a class action on behalf of all purchasers
  • Securities Exchange Act of 1934 including a
  • margin pressures in its home-healthcare business,
  • the very margin pressures that the Company publicly
  • all prior times during the Class Period.
  • with the CIGNA Healthcare contract -- an agreement
  • home-healthcare to CIGNA's members.
  • described by defendants in glowing terms and heralded as a
  • announcement of the CIGNA contract,
  • get its network providers -- who would ultimately provide the
  • In the Joint Proxy and Prospectus,
  • The Medicare audit
  • Before the true facts about the Company's business
  • 1933 (the "Securities Act"),
  • purchased Olsten common stock at
  • America's largest provider of home-health care and related
  • management services to hospital-based home health agencies.
  • Services division are divided between Olsten Staffing Services
  • Because of the Individual Defendants'
  • misleading and incomplete information conveyed in the
  • were aware of their materially false and misleading nature.
  • Our Company can offer to CIGNA and other managed care organizations a combination of quality
  • Material Adverse Effect.
  • Olsten shares during the Class Period suffered similar injury

  • 2 . DOCKET

    EXTRACTED KEY WORDS
    COUNSEL
    PLA
    CONSOLIDATE
    DFTS
    ATTY
    MOTION
    REMARK
    NONCOMPLIANCE W/ADM
    PARTIES
    COURT
    NONCOMPLIANCE W/ADM DDL
    PURPOSES
    DATABASE
    CHAN
    DOCKET
    DISTRICT COURT
    JUDGE ROBERT
    BROOMFIELD
    COMPLAINT
    CMP
    MTN
    ATTY AHAVIAH
    GLASER
    BROBECK
    PHLEGER
    W/ADM DDL DTE
    RESP
    SHL
    DYS
    
    
    
    Case docket was last updated on: 07/14/00.
    
    
    Docket as of July 14, 2000 11:10 pm                      Page 1
    
    Proceedings include all events.                                              CONSOL
    2:96cv1520 Boren, et al v. Weinstein, et al                                  PROTO
    
                                                                       CONSOL PROTO
                               U.S. District Court
         U.S. District Court for the District of Arizona (Phoenix)
    
                      CIVIL DOCKET FOR CASE #: 96-CV-1520
    
    Boren, et al v. Weinstein, et al                                   Filed:
    06/24/96
    Assigned to: Judge Robert C Broomfield
    Demand: $0,000                                      Nature of Suit: 160
    Lead Docket: 96-CV-1514                             Jurisdiction: Federal
    Question
    Dkt# in other court: None
    
    Cause: 15:78m(a) Securities Exchange Act
    
    
    JEFFREY M BOREN, on behalf of         Francis Joseph Balint, Jr, Esq
    himself and all others                FAX (602)274-1199
    similarly situated                    [COR LD NTC -]
          pla                             Andrew S Friedman, Esq
                                          FAX (602)274-1199
                                          [COR LD NTC -]
                                          Bonnett Fairbourn Friedman &
                                          Balint PC
                                          4041 N Central
                                          Ste 1100
                                          Phoenix, AZ 85012-3311
                                          274-1100
    
                                          William Shannon Lerach
                                          [COR LD NTC -]
                                          Milberg Weiss Bershad Hynes &
                                          Lerach LLP
                                          600 W Broadway
                                          Ste 1800
                                          San Diego, CA 92101
                                          (619)231-1058
    
    SNIPPETS:
  • Case docket was last updated on:
  • U.S. District Court for the District of Arizona
  • Assigned to: Judge Robert C Broomfield
  • OrthoLogic Corp on 6/25/96 [Entry date 06/28/96]
  • that dfts may hv thru 9/13/96 to respond to complaint (cc:
  • 8/9/96 -- REMARK as to Jeffrey M Boren, Charles E Peterson Jr Atty
  • w atty adm ddl date of 8/5/96 parties represented by local
  • counsel
  • CIV-96-1713-PHX-EHC and CIV-96-1891-PHX-PGR) by pla
  • to consolidate cases for all purposes (CIV-96-1520-PHX-RCB
  • 9/5/96 8 MEMORANDUM IN SUPPORT by dfts of motion to consolidate
  • supp of plas mtn to consolidate
  • 9/16/96 -- REMARK as to Allan M Weinstein Atty Ahaviah D Glaser
  • BROBECK PHLEGER & HARRISON LLP removed from database for
  • noncompliance w/adm ddl dte of 09/09/96 parties rep by
  • the cmp shl not be due until 30 dys after the current
  • svc of that amended cmp to resp re: order
  • 3/13/00 -- REMARK as to Derric C Chan in 2:96-cv-01514,

  • 3 . ORDER 1

    EXTRACTED KEY WORDS
    DEFENDANTS
    COMPLAINT
    PLAINTIFFS
    ACT
    UNDERWRITERS
    STOCK
    ALLEGE
    VIOLATION
    FRAUD
    SECURITIES FRAUD
    ASSERT
    FACTS
    FDA
    EXHIBITS
    MOTION
    ALLEGATIONS
    WARNING LETTER
    DISTRICT COURT
    REFORM ACT
    INSIDER TRADING
    MISLEADING
    EXCHANGE ACT
    VOLPE WELTY
    SECOND CIRCUIT
    ILLEGAL PROMOTION
    PARTICULARITY
    CAC
    INSUFFICIENT
    CLASS PERIOD
    
    
    
    
                     IN THE UNITED STATES DISTRICT COURT
    
                         FOR THE DISTRICT OF ARIZONA
    
    
    DERRIC C. CHAN, et al., On       ) No. CIV-96-1514-PHX-RCS
    Behalf of Themselves and All     ) [filed Feb. 5, 1998]
    Others Similarly Situated,,      ))       O R D E R
              Plaintiffs,            ))
              vs.                    ))
    ORTHOLOGIC CORPORATION, et al.,))
              Defendants.            )
    _______________________________)
    
    
         This class action complaint is filed on behalf of those who
    
    purchased OrthoLogic Corporation ("OrthoLogic") stock between
    
    January 18, 1996 and June 18, 1996. The complaint alleges
    
    violations of The Exchange Act §§10(b) and 20(a) and Rule 10b-5,
    
    and violations of §11 of The Exchange Act against all Defendants.
    
    Count three alleges violations of §§12(a)(2) and 15 against
    
    Defendants OrthoLogic, Hambrecht & Quist ("H&Q"), Dain Bosworth
    
    Incorporated ("DBI"), and Volpe Welty & Company ("Volpe"), three
    
    companies that served as OrthoLogic's underwriters. Count four
    
    
    
    
    alleges (Arizona) Statutory Securities Fraud against, apparently,
    
    all Defendants, and the last count, count five, asserts that
    
    Defendants committed Consumer Fraud, in violation of A.R.S. §44-
    
    1522. Defendants OrthoLogic, Weinstein, Dunaway, Derminio, Magee,
    
    Holliman, Feldman, Howse, and White filed a motion to dismiss on
    
    SNIPPETS:
  • IN THE UNITED STATES DISTRICT COURT
  • This class action complaint is filed on behalf of those who
  • and violations of §11 of The Exchange Act against all Defendants.
  • Defendants OrthoLogic, Hambrecht & Quist, Dain Bosworth
  • Incorporated, and Volpe Welty & Company, three
  • companies that served as OrthoLogic's underwriters.
  • Defendants committed Consumer Fraud, in violation of A.R.S. §441522.
  • August 15, 1997 ("Corporation's Motion").
  • Plaintiffs responded on September 30,
  • STATEMENT OF FACTS
  • The FDA required OrthoLogic
  • Plaintiffs assert that Defendants were aware that if the unapproved
  • to inflate the company's stock price enabling corporate insiders to
  • the FDA issued a formal "Warning Letter" to
  • securities fraud cases must also adhere to
  • of the exhibits attached to either motion to dismiss because the
  • The two articles are underwriter recommendations published prior to the class period.
  • Plaintiffs argue that the exhibits dispute none of Plaintiffs' allegations because they
  • (CAC ¶37).
  • Defendants allege that the complaint is
  • particular elements are not plead with sufficient particularity;
  • Defendants assert that the complaint is insufficient to state
  • Securities Litigation Reform Act of 1995.
  • he complaint shall specify each statement alleged to have been misleading, the reason or
  • (Reform Act is consistent with pre-Reform Act Second Circuit
  • This fact is important here because Plaintiffs apparently include these insiders in order

  • 4 . ORDER 2

    EXTRACTED KEY WORDS
    CHAN PLAINTIFFS
    PHILADELPHIA
    LEAD PLAINTIFFS
    PURCHASES
    INVESTORS
    COURT
    CLASS PERIOD
    PRESUMPTION
    ALLEGE
    STOCK
    DEFENDANTS
    APPOINTMENT
    MEMBERS
    SHARES
    CITY
    CONFLICT
    SECURITIES
    FDA
    COUNSEL
    MOTION
    PUBLICATION
    MARKET
    LITIGATION
    ADEQUATE
    ASSERTION
    UNIQUE DEFENSES
    TYPICALITY
    DISCLOSURE
    BLACKIE
    
    
    
    
    
                      IN THE UNITED STATES DISTRICT COURT
    
                          FOR THE DISTRICT OF ARIZONA
    
    
    
    DERRIC C. CHAN and ANNA CHAN )
    as attorney-in-fact for             )
    Moon-Yung Chow, On Behalf of )
    Themselves and All Others           )
    Similarly Situated, et al.,         )) No. CIV 96-1514 PHX RCB
                       Plaintiffs,      ))       O R D E R
               vs.                      ))
    ORTHOLOGIC CORPORATION,             )
    et al.,                             ))
                       Defendants.      )
    ______________________________)
    
    
         This is a securities fraud class action brought pursuant
    
    to the Securities Exchange Act of 1934 and the Private
    
    Securities Litigation Reform Act of 1995. Since it was filed
    
    it has been consolidated with eleven other cases filed in this
    
    district. Now before the court are two motions to be
    
    appointed lead plaintiff and for the appointment of lead
    
    plaintiff's counsel; one from the Chan plaintiffs and one from
    
    the Boren, Draker, Rutkin, DeFelice and Longacre plaintiffs
    
    
    
    
    ("Philadelphia plaintiffs"). Oral argument was heard on
    
    November 18, 1996, at which time these matters were taken
    
    under advisement. Now, having carefully considered the
    
    
    SNIPPETS:
  • IN THE UNITED STATES DISTRICT COURT
  • Plaintiffs,)) O R D E R
  • This is a securities fraud class action brought pursuant
  • appointed lead plaintiff and for the appointment of lead
  • plaintiff's counsel; one from the Chan plaintiffs and one from
  • ("Philadelphia plaintiffs").
  • centers on defendants' alleged false and misleading public
  • of its FDA approval,
  • pushed OrthoLogic stock to record highs.
  • allege that at the same time,
  • (Philadelphia Motion at 7-8.)
  • Private Securities Litigation Reform Act of 1995.
  • Not later than 20 days after the date on which the complaint is filed, the plaintiff or
  • Recognizing this presumption, the Chan plaintiffs seek to
  • and are subject to possible unique defenses.
  • 1At oral argument the Chan plaintiffs argued, for the first time, that they are the
  • This argument is based upon their assertion that from May 31, 1996 to June 17, 1996 they
  • Thus, as an initial matter, because it appears that they did not purchase the most shares,
  • Thus, regardless of the purchases made by other Philadelphia plaintiffs, because the Chan
  • perceive this minor divergence as a conflict requiring the
  • Blackie v. Barrack, 524 F.2d 891, 909-10 (9th Cir.
  • Typicality and Unique Defenses under Rule 23.
  • the City of Philadelphia was allegedly engaged in sophisticated investment strategies during
  • the City of Philadelphia's status as an institutional investor arguably suggests that it
  • presumption as adequate lead plaintiff.
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