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COMPLETE MANAGEMENT CLASS ACTION LITIGATION Click to find out why . . .



Keywords & Phrases
CaseNo: CMCAL222762, CourtName: CLASS ACTION CASES, State: NY New York, UniqueCaseRef: LCD>CMCAL222762, Capstead, Stock, Securities, Management, Mortgage, Cmi, Investment, York, Lytle, Financials, Steven Rabinovici, Jacobs, Gmms, Entry, Revenue, Receivables, Interest-rate, Dividend, Stock Price, Earnings, Shields, Assets, Medical Practices, Net Income, Portfolio, Physicians, Acquisition, Jrb, Misleading, Andrew, Eps, Capstead Mortgage, Securities Corporation, Average Shares Outstanding, Motion, Securities Laws, Mortgage Servicing, Class Period, Prepayments, Rudluff, Moore, Julie, Christopher , ContentID: 120249586

Case Documents
1   COMPLAINT 2
[ see first page and extracted highlights below  ] ItemID: 122193
62 pages
TXT
2 1999-05-11 DOCKET B
[ see first page and extracted highlights below  ] ItemID: 122199
3 pages
TXT
3 1998-10-05 DOCKET A
[ see first page and extracted highlights below  ] ItemID: 122195
14 pages
HTML
4 1998-09-23 DOCKET B 4
[ see first page and extracted highlights below  ] ItemID: 122198
7 pages
HTML
5 1998-09-23 DOCKET B 3
[ see first page and extracted highlights below  ] ItemID: 122197
5 pages
HTML
6 1998-08-20 DOCKET B 2
[ see first page and extracted highlights below  ] ItemID: 122196
4 pages
HTML
7 1998-07-23 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 122194
69 pages
HTML
Total Documents: 7 documents , 164 pages
Price: $ 49.95


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1 . COMPLAINT 2

EXTRACTED KEY WORDS
CMI
DEFENDANTS
YORK
STEVEN RABINOVICI
GMMS
REVENUE
RECEIVABLES
SECURITIES
SHIELDS
MEDICAL PRACTICES
PHYSICIANS
STOCK
PLAINTIFF
ACQUISITION
BUSINESS
SECURITIES CORPORATION
AVERAGE SHARES OUTSTANDING
SECURITIES LAWS
CLASS PERIOD
COMMONWEALTH
CHIEF EXECUTIVE OFFICER
FINANCIALS
TRANSACTIONS
MISLEADING
STOCK PRICE
HEALTH CARE
DOUBTFUL ACCOUNTS
NET INCOME
PRUDENTIAL SECURITIES
   Sandy Liebhard, Esq.
   Robert J. Berg, Esq. (RB-8542)
   BERNSTEIN LIEBHARD & LIFSHITZ, LLP
   10 East 40th Street, 22nd Floor
   New York, New York 10016
   (212) 779-1414

   Attorneys for Plaintiff

   UNITED STATES DISTRICT COURT
   FOR THE SOUTHERN DISTRICT OF NEW YORK

   --------------------------------------------------
   RICHARD LOWINGER, on Behalf of
   Himself and All Others Similarly Situated,

                         Plaintiff,

              v.

   COMPLETE MANAGEMENT, INC.,
   STEVEN RABINOVICI, DAVID R.
   JACARUSO, ARTHUR L. GOLDBERG,
   JOSEPH M. SCOTTI, DENNIS
   SHIELDS, MANUS O'DONNELL,
   CLAIRE A. CARDONE, LAWRENCE
   W. SHIELDS, M.D., NATIONAL
   SECURITIES CORPORATION,
   COMMONWEALTH ASSOCIATES,
   PRUDENTIAL SECURITIES, and
   ARTHUR ANDERSEN, LLP.

                         Defendants.
   --------------------------------------------------

   X
   )
   )
   )
   )
   )
   )
   )
   )
   )
   )
   )
   )
SNIPPETS:
  • New York, New York 10016
  • Attorneys for Plaintiff
  • PRUDENTIAL SECURITIES, and
  • CLASS ACTION COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS
  • This action is being brought as a class action on behalf of all individuals who purchased or
  • As is more fully alleged throughout the Complaint, defendants engaged in a scheme and common
  • Most of GMMS medical practice is devoted to the medical treatment of accident victims who are
  • Since many of these patients lack the financials means to pay those bills, GMMS provides
  • GMMS "paid" CMI by assigning its accounts receivables with a net collectable value equal to
  • CMI continuously represented to the public that the GMMS receivables that the Company had
  • The "record" revenues it posted quarter after quarter enabled defendants to artificially
  • The cash from these events enabled CMI to purchase numerous medical practices throughout the
  • CMI never wrote down these receivables nor took a reserve for doubtful accounts which
  • Defendant Steven Rabinovici is a co-founder of CMI.
  • Subsequently, he served as Executive Vice President - Acquisition Analysis, Treasurer and a
  • Defendant National Securities Corporation is an investment banking and brokerage firm located
  • Defendant Commonwealth Associates is an investment banking firm located in New York City,
  • Defendant Prudential Securities is an investment banking and brokerage firm located in New
  • MMGT was a publicly traded company that installed and managed MRI equipment for private
  • The announcement of this offering was designed to generate cash and to reinvigorate the price
  • Net income for the three months ended March 31, 1996 increased 20% to a record $ 1,110,000
  • With a team of managers experienced in the delivery of health care within the highly
  • "Intertech Corporation and Penta Automation Resources, Inc. and their experienced management
  • We have already closed two important transactions in the fourth quarter and expect to close
  • Net income for 1996 was $5,414,000 or $.68 per share on 8 million average shares outstanding

  • 2 . DOCKET B

    EXTRACTED KEY WORDS
    ENTRY
    JUDGE
    JULES BRODY
    SECURITIES
    BATTS
    ASSIGNMENT
    SELTZER
    DOCKET
    SHIELDS
    ARTHUR
    BENTON
    JUDGE DEBORAH
    CIVIL
    COURT
    DISTRICT
    MANAGEMENT
    MAGISTRATE JUDGE KATZ
    EDIT
    AARON BRODY
    AFFIDAVIT
    FILING FEE
    PURSUANT
    CLASS ACTION COMPLAINT
    LLP
    PRUDENTIAL SECURITIES
    COMMONWEALTH
    NATIONAL SECURITIES
    LAWRENCE
    CARDONE
    
    Docket as of May 11, 1999 (retrieved 5/27/99)
    
    Proceedings include all events.                                          REL
    1:99cv2087    Seltzer v. Complete Management, et al
                                                                      1:99cv 1454
                                                                REL    1:99cv
                                                                1454
                           U.S. District Court
      Southern District of New York - Civil Database (Foley Square)
    
                   CIVIL DOCKET FOR CASE #: 99-CV-2087
    
    Seltzer v. Complete Management, et al                       Filed: 03/19/99
    Assigned to: Judge Deborah A. Batts
    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
    
    
    BENTON J. SELTZER, on Behalf      Jules Brody
    of Himself and Others             (COR LD NTC)
    Similarly Situated                Stull, Stull & Brody
         plaintiff                    6 East 45th Street
                                      New York, NY 10017
                                      (212) 687-7230
    
    
       v.
    
    
    COMPLETE MANAGEMENT, INC.
         defendant
    
    
    STEVEN RABINOVICI
         defendant
    
    
    DAVID R. JACARUSO
         defendant
    
    
    ARTHUR L. GOLDBERG
         defendant
    
    
    
    SNIPPETS:
  • Docket as of May 11,
  • U.S. District Court
  • Southern District of New York - Civil Database
  • Assigned to: Judge Deborah A. Batts
  • Cause: 15:78mSecurities Exchange Act
  • BENTON J. SELTZER, on Behalf Jules Brody
  • COMPLETE MANAGEMENT, INC. defendant
  • DENNIS SHIELDS
  • CLAIRE A. CARDONE
  • LAWRENCE W. SHIELDS, M.D. defendant
  • NATIONAL SECURITIES CORPORATION
  • COMMONWEALTH ASSOCIATES
  • PRUDENTIAL SECURITIES
  • ARTHUR ANDERSEN, LLP
  • 3/19/99 1 CLASS ACTION COMPLAINT filed;
  • pursuant to 28 U.S.C. 636; FILING FEE $150.00; RECEIPT #
  • 3/19/99 -- CASE REFERRED TO Judge Batts (Entry date 03/25/99)
  • 3/19/99 2 Related Case Affidavit of Aaron Brody by Benton J. Seltzer.
  • (Edit date 03/25/99)
  • 4/7/99 3 Notice of Assignment to Judge Deborah A. Batts.
  • 4/8/99 4 Case is designated to Magistrate Judge Katz.

  • 3 . DOCKET A

    EXTRACTED KEY WORDS
    PLAINTIFFS
    ENTRY
    JRB
    CONSOLIDATING
    ANDREW
    MOTION
    COUNSEL
    CAPSTEAD MORTGAGE
    APPOINTMENT
    RUDLUFF
    JACOBS
    MOORE
    JULIE
    CHRISTOPHER
    LYTLE
    RONN
    GILSON
    COMPLAINT
    SECURITIES EXCHANGE ACT
    PLAINTIFFS PURSUANT
    CO-LEAD COUNSEL
    APPT
    EXTEND TIME
    MED-PLAN
    MOVANT MED-PLAN
    DJD
    CONSOLIDATED PLAINTIFF LAW
    ATTORNEY
    HULETT
    
    
    Docket as of October 5, 1998 (retrieved 10/6/98)
    
    Proceedings include all events.                                   M-SAN
    3:98cv1716    Marks Brothers Inc., et al v. Capstead Mortgage, et al     LEAD
    
                                                                M-SAN  LEAD
                           U.S. District Court
                   Northern District of Texas (Dallas)
    
                   CIVIL DOCKET FOR CASE #: 98-CV-1716
    
    Marks Brothers Inc., et al v. Capstead Mortgage, et al      Filed: 07/23/98
    Assigned to: Judge Sam A Lindsay             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
    
    
    MARVIN J NETSKY, On Behalf of     Robert M Roseman, Attorney at
    Themselves and All Others         Law
    Similarly Situated                215/864-2424 FAX
         plaintiff                    (COR LD NTC ret)
                                      Spector & Associates
                                      2000 Market Street
                                      12th Floor
                                      Philadelphia, PA 19103
                                      USA
                                      215/864-2400
    
                                      Kirk B Hulett, Attorney at Law
                                      619/231-7423 FAX
                                      (COR LD NTC ret)
                                      Milberg Weiss Bershad Hynes &
                                      Lerach
                                      600 West Broadway
                                      Suite 1800
                                      San Diego, CA 92101
                                      USA
                                      619/231-1058
    
                                      Marc R Stanley, Attorney at Law
                                      214/443-0358 FAX
                                      (COR LD NTC ret)
                                      Stanley Mandel & Iola
                                      3100 Monticello Ave
    
    SNIPPETS:
  • Marks Brothers Inc., et al v. Capstead Mortgage, et al Filed:
  • Cause: 15:78mSecurities Exchange Act
  • MARKS BROTHERS INC, On Behalf Marc R Stanley, Attorney at Law of Themselves and All Others
  • consolidated defendant
  • WILLIAM H RUDLUFF
  • 7/23/98 1 COMPLAINT - Class Action filed; jury demand; Filing
  • defendant Ronn K Lytle, defendant Christopher T Gilson,
  • defendant Julie A Moore, defendant Andrew F Jacobs,
  • defendant Andrew F Rudluff (djd) (Entry date 07/24/98)
  • Jacobs (jrb)
  • 8/5/98 9 ORDER consolidating cases...3-98-cv-1718-R is consolidated
  • 8/6/98 10 Agreed MOTION by defendant Capstead Mortgage,
  • F Rudluff to extend time to answer,
  • Mortgage Copies to counsel:
  • plaintiffs pursuant to Section 21Dof the
  • Securities Exchange Act of 1934 and for appt of lead
  • plaintiffs' co-lead counsel
  • 9/21/98 23 Declaration/AFFIDAVIT of Kirk B Hulett Re:
  • appt of lead plaintiffs' co-lead counsel
  • 9/21/98 28 MOTION by movant Stephen Rozenfeld for appointment of lead
  • 10/2/98 31 MOTION by movant Med-Plan Inc for appointment of Med-Plan
  • 10/2/98 32 AFFIDAVIT of Terrell W Oxford, atty for movant Med-Plan Inc

  • 4 . DOCKET B 4

    EXTRACTED KEY WORDS
    ENTRY
    ALH
    CAPSTEAD MORTGAGE
    RUDLUFF
    WILLIAM
    JACOBS
    ANDREW
    MOORE
    JULIE
    GILSON
    CHRISTOPHER
    LYTLE
    RONN
    COUNSEL
    AFFIDAVIT/RETURN
    JAMES DENNIS
    RBM
    MOTION
    ORDER GRANTING
    COMPLAINT
    JAMES DENNIS MCCARTHY
    DOCKET
    EXTEND TIME
    JUDGE
    FILING
    COURT
    DISTRICT
    WEISS
    LEAD COUNSEL
    
    
    Docket as of September 23, 1998 (retrieved 10/6/98)
    
    Proceedings include all events.                                   M-KAP
    3:98cv1809    Weiss v. Capstead Mortgage, et al
                                                                             JURY
                                                                M-KAP  JURY
                           U.S. District Court
                   Northern District of Texas (Dallas)
    
                   CIVIL DOCKET FOR CASE #: 98-CV-1809
    
    Weiss v. Capstead Mortgage, et al                           Filed: 08/03/98
    Assigned to: Judge Sam A Lindsay             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
    
    
    ABRAM WEISS, On Behalf of         Marc R Stanley, Attorney at Law
    Himself and All Others            214/443-0358 FAX
    Similarly Situated                (COR LD NTC ret)
         plaintiff                    Roger Leon Mandel, Attorney at
                                      Law
                                      (COR ret)
                                      Stanley Mandel & Iola
                                      3100 Monticello Ave
                                      Suite 750
                                      Dallas, TX 75205
                                      USA
                                      214/443-4300
    
    
       v.
    
    
    CAPSTEAD MORTGAGE CORPORATION     James Dennis McCarthy, Attorney
         defendant                    at Law
                                      214/939-5849 FAX
                                      (COR ret)
                                      Walter Graves Pettey, III,
                                      Attorney at Law
                                      214/939-6100 FAX
                                      (COR ret)
                                      Robert H Mow, Jr, Attorney at
                                      Law
    
    SNIPPETS:
  • Docket as of September 23,
  • U.S. District Court
  • Northern District of Texas
  • CAPSTEAD MORTGAGE CORPORATION James Dennis McCarthy,
  • 8/3/98 1 Class Action COMPLAINT filed; Filing Fee $ 150.00
  • Receipt # 103465 (Entry date 08/04/98)
  • 8/3/98 1 DEMAND for jury trial by plaintiff Abram Weiss (alh)
  • 8/3/98 2 SUMMONSissued for defendant Capstead Mortgage,
  • defendant Ronn K Lytle, defendant Christopher T Gilson,
  • Julie A Moore, defendant Andrew F Jacobs, defendant William
  • H Rudluff to extend time to answer,
  • 8/12/98 4 Affidavit/RETURN OF SERVICE personally executed as to
  • 8/13/98 5 ORDER granting motion to extend time to answer,
  • for Capstead Mortgage (signed by RBM) Copies to
  • Timothy E Taylor as lead counsel
  • 8/28/98 12 ORDER granting motion to substitute Robert H Mow
  • Truitt, Gerald C Conley, Timothy E Taylor as lead counsel
  • 9/21/98 14 ORDER OF TRANSFER/REASSIGNING CASE to Judge Sam A. Lindsay

  • 5 . DOCKET B 3

    EXTRACTED KEY WORDS
    DEFENDANT
    LAG
    WAIVER
    PLAINTIFF
    CAPSTEAD MORTGAGE
    STEPHEN ROZENFELD
    LEAD COUNSEL
    PROPOSED PRE-TRIAL ORDER
    JRB
    RUDLUFF
    WILLIAM
    JACOBS
    ANDREW
    MOORE
    JULIE
    GILSON
    CHRISTOPHER
    LYTLE
    RONN
    APPOINTMENT
    MOTION
    ATTORNEY
    DOCKET
    JUDGE
    DENNIS MCCARTHY
    JAMES
    CLAXTON
    ROGER
    CIVIL
    
    
    Docket as of September 23, 1998 (retrieved 10/6/98)
    
    Proceedings include all events.                                   M-SAN
    3:98cv1802    Rozenfeld v. Capstead Mortgage, et al
                                                                             JURY
                                                                M-SAN  JURY
                           U.S. District Court
                   Northern District of Texas (Dallas)
    
                   CIVIL DOCKET FOR CASE #: 98-CV-1802
    
    Rozenfeld v. Capstead Mortgage, et al                       Filed: 07/31/98
    Assigned to: Judge Sam A Lindsay             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
    
    
    STEPHEN ROZENFELD, on behalf      Roger Farrell Claxton, Attorney
    of himself and all others         at Law
    similarly situated                214/953-0583 FAX
         plaintiff                    (COR ret)
                                      Robert James Hill, Attorney at
                                      Law
                                      214/953-0583 FAX
                                      (COR LD NTC ret)
                                      Kilgore & Kilgore
                                      McKinney Place
                                      3131 McKinney Avenue
                                      Suite 700  LB 103
                                      Dallas, TX 75204-2471
                                      USA
                                      214/969-9099
    
    
       v.
    
    
    CAPSTEAD MORTGAGE CORPORATION     James Dennis McCarthy, Attorney
         defendant                    at Law
                                      214/939-5849 FAX
                                      (COR ret)
                                      Walter Graves Pettey, III,
                                      Attorney at Law
                                      214/939-6100 FAX
    
    SNIPPETS:
  • Docket as of September 23,
  • STEPHEN ROZENFELD, on behalf Roger Farrell Claxton, Attorney
  • CAPSTEAD MORTGAGE CORPORATION James Dennis McCarthy, Attorney
  • 7/31/98 -- PRELIMINARY ASSIGNMENT TO Magistrate Judge Wm F Sanderson
  • Jr (lag) (Entry date 08/03/98)
  • 7/31/98 1 DEMAND for jury trial by plaintiff Stephen Rozenfeld
  • 8/3/98 2 SUMMONSissued for defendant Capstead Mortgage,
  • 8/24/98 3 WAIVER OF SERVICE Returned Executed as to Andrew F Jacobs
  • 8/24/98 4 WAIVER OF SERVICE Returned Executed as to William H Rudluff
  • 8/24/98 5 WAIVER OF SERVICE Returned Executed as to Julie A Moore
  • 8/24/98 6 WAIVER OF SERVICE Returned Executed as to Christopher T
  • Gilson 8/5/98 Answer due on 10/5/98 for Christopher T
  • 8/24/98 7 WAIVER OF SERVICE Returned Executed as to Ronn K Lytle
  • Danny S Ashby (jrb)
  • possible consolidation with civil action no. 3:98CV1716-L.
  • motion for appointment of lead plaintiffs,
  • of lead counsel and entry of proposed pre-trial order no. 1

  • 6 . DOCKET B 2

    EXTRACTED KEY WORDS
    ENTRY
    JRB
    CAPSTEAD MORTGAGE
    RUDLUFF
    WILLIAM
    JACOBS
    ANDREW
    MOORE
    JULIE
    GILSON
    CHRISTOPHER
    LYTLE
    RONN
    COMPLAINT
    RICHARD KOPELMAN
    DOCKET
    EXTEND TIME
    MOTION
    ISSUED-6
    ATTORNEY
    PLAINTIFF
    DEMAND
    JURY
    JUDGE
    ASSIGNMENT
    COURT
    DISTRICT
    DJD
    CONSOLIDATING
    
    
    Docket as of August 20, 1998 (retrieved 10/6/98)
    
    Proceedings include all events.                                   M-BOY
    3:98cv1761    Kopelman v. Capstead Mortgage, et al
                                                                      3:98cv 1716
                                                                M-BOY  3:98cv
                                                                1716
                           U.S. District Court
                   Northern District of Texas (Dallas)
    
                   CIVIL DOCKET FOR CASE #: 98-CV-1761
    
    Kopelman v. Capstead Mortgage, et al                        Filed: 07/28/98
    Assigned to: Chief Judge Jerry Buchmeyer     Jury demand: Plaintiff
    Demand: $0,000                               Nature of Suit:  850
    Lead Docket: None                            Jurisdiction: Federal Question
    Dkt# in other court: None
    
    Cause: 15:77 Securities Fraud
    
    
    RICHARD KOPELMAN, Trustee, on     Marc R Stanley, Attorney at Law
    behalf of himself and all         214/443-0358 FAX
    others similarly situated         (COR LD NTC ret)
         plaintiff                    Roger Leon Mandel, Attorney at
                                      Law
                                      (COR ret)
                                      Stanley Mandel & Iola
                                      3100 Monticello Ave
                                      Suite 750
                                      Dallas, TX 75205
                                      USA
                                      214/443-4300
    
    
       v.
    
    
    CAPSTEAD MORTGAGE CORPORATION     Gerald C Conley, Attorney at
         defendant                    Law
                                      214/659-4401 FAX
                                      (COR ret)
                                      James L Truitt, Attorney at Law
                                      214/659-4808 FAX
                                      (COR LD NTC ret)
                                      Timothy E Taylor, Attorney at
                                      Law
    
    SNIPPETS:
  • Docket as of August 20,
  • U.S. District Court
  • Northern District of Texas
  • Assigned to: Chief Judge Jerry Buchmeyer Jury demand: Plaintiff
  • RICHARD KOPELMAN, Trustee, on Marc R Stanley, Attorney at Law
  • CAPSTEAD MORTGAGE CORPORATION Gerald C Conley,
  • (Entry date 07/29/98)
  • 7/28/98 1 DEMAND for jury trial by plaintiff Richard Kopelman (jrb)
  • 7/28/98 2 SUMMONSissued for defendant Capstead Mortgage,
  • defendant Ronn K Lytle, defendant Christopher T Gilson,
  • defendant William H Rudluff (issued-6)
  • 7/28/98 -- PRELIMINARY ASSIGNMENT TO Magistrate Judge Jane J Boyle
  • Andrew F Jacobs 7/29/98 Answer due on 8/18/98 for Andrew F
  • William H Rudluff 7/29/98 Answer due on 8/18/98 for William
  • 7/31/98 5 RETURN OF SERVICE executed personally as to defendant Julie
  • A Moore 7/29/98 Answer due on 8/18/98 for Julie A Moore
  • 7/31/98 8 RETURN OF SERVICE executed personally as to defendant Ronn
  • K Lytle 7/29/98 Answer due on 8/18/98 for Ronn K Lytle
  • H Rudluff to extend time to answer,
  • respond to complaint
  • 8/7/98 10 ORDER granting motion to extend time to answer,
  • 8/17/98 11 ORDER consolidating cases 3:98CV1761R and 3:98CV1716R;
  • 1 (djd)

  • 7 . COMPLAINT

    EXTRACTED KEY WORDS
    STOCK
    SECURITIES
    MORTGAGE
    DEFENDANTS
    INVESTMENT
    LYTLE
    FINANCIALS
    JACOBS
    INTEREST-RATE
    DIVIDEND
    EARNINGS
    ASSETS
    PORTFOLIO
    STOCK PRICE
    PLAINTIFFS
    EPS
    NET INCOME
    MORTGAGE SERVICING
    PREPAYMENTS
    CLASS ACTION
    CAPSTEAD MORTGAGE CORPORATION
    BOOKS IMPAIRED ASSETS
    COMMON STOCK
    REPRESENTATION
    MANAGEMENT
    DERS
    STRIP SECURITIES
    MISLEADING
    CAUSING CAPSTEAD
    
    
                       UNITED STATES DISTRICT COURT
                        NORTHERN DISTRICT OF TEXAS
                              DALLAS DIVISION
    
    
    MARVIN J. NETSKY, MARKS BROTHERS,   ) No. (98-CV-1716)
    INC. and ERIC BEANE, On Behalf of   )
    Themselves and All Others Similarly ) COMPLAINT - CLASS ACTION
    Situated,                           )
                                        )
                        Plaintiffs,     ) COMPLAINT FOR VIOLATION OF
                                        ) THE SECURITIES EXCHANGE ACT
         vs.                            ) OF 1934
                                        ) (filed Jul. 23, 1998)
    CAPSTEAD MORTGAGE CORPORATION, RONN )
    K. LYTLE, CHRISTOPHER T. GILSON,    )
    JULIE A. MOORE, ANDREW F. JACOBS    )
    and WILLIAM H. RUDLUFF,             )
                                        )
                        Defendants.     ) Plaintiffs Demand A
    ____________________________________) Trial By Jury
    
    
    
    
    _______________________________________________________________________________
    
    
    
    
                            SUMMARY OF ACTION
    
         1.   This is a suit on behalf of all those who purchased or
    
    otherwise acquired Capstead Mortgage Corporation ("Capstead" or the
    
    "Company") stock between 4/17/97 and 6/25/98 (the "Class Period"),
    
    alleging violations of §§10(b) and 20(a) of the Securities Exchange
    
    Act of 1934 ("1934 Act") and SEC Rule 10b-5.  This action complains
    
    of a scheme by Capstead (a real estate investment trust) and its
    
    top insiders to cause Capstead's stock to trade at artificially
    
    inflated levels by misrepresenting Capstead's financial results,
    
    SNIPPETS:
  • MARVIN J. NETSKY, MARKS BROTHERS,) No. INC. and ERIC BEANE, On Behalf of) Themselves and All
  • Plaintiffs Demand A ____________________________________) Trial By Jury
  • otherwise acquired Capstead Mortgage Corporation ("Capstead" or the
  • "Company") stock between 4/17/97 and 6/25/98,
  • alleging violations of §§10and 20of the Securities Exchange
  • and the success of its investment strategy.
  • Defendants represented that Capstead was uniquely well positioned
  • to generate steady earnings regardless of the direction of interest
  • with corresponding growing quarterly dividend payments.
  • Capstead invests in mortgage servicing and mortgage
  • strength and diversification of its portfolio and its increased
  • earnings in virtually any interest-rate environment.
  • which would lead to strong EPS
  • the Company was able to maintain a high stock price through
  • and that its assets were properly valued.
  • prepayments might cause some impairment in the interest-only
  • each false and misleading when made,
  • regard to the value of its interest-only strip securities if rates
  • representation that its hedges were working well and by its manipulation and falsification of
  • impaired and not recognizing the impairment, causing Capstead to
  • Net Income $ 26,800 $ 22,200 $ 32,400 $ 35,800 $127,200
  • Ronn K. Lytle is Chairman,
  • Lytle exchanged his DERs at $23.25 per
  • Julie A. Moore is Senior Vice President-Asset and Liability Management of Capstead.
  • Andrew F. Jacobs is Senior Vice
  • additional share of the Company's common stock (vesting over five
  • financials were prepared "in accordance with generally accepted
  • violate GAAP by carrying on its books impaired assets;
  •    |