IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
__________________________________________
JOHN GEBHARDT, Individually And On ) CASE NO.
Behalf Of All Others Similarly Situated, ))
Plaintiff, )) CLASS ACTION COMPLAINT
vs. ) FOR VIOLATIONS OF
) FEDERAL SECURITIES LAWS
CONAGRA FOODS INC., BRUCE C. ROHDE, )
JAMES P. O'DONNELL, KENNETH W. DIFONZO, )
and JAY D. BOLDING, ) JURY TRIAL DEMANDED
)
Defendants. ))
__________________________________________
Plaintiff has alleged the following based upon the investigation of plaintiff's counsel,
a review of United States Securities and Exchange Commission ("SEC") filings by ConAgra Foods Inc.,
("ConAgra" or the "Company"), as well as regulatory filings and reports, securities analysts
advisories about the Company, press releases and other public statements issued by the Company, and
media reports about the Company, and plaintiff believes that substantial additional evidentiary
exist for the allegations set forth herein after a reasonable opportunity for discovery.
NATURE OF THE ACTION
1. This is a federal class action on behalf of purchasers of the common stock of
between August 28, 1998 and May 23, 2001, inclusive (the "Class Period"), seeking to pursue remedies
under the Securities Exchange Act of 1934 (the "Exchange Act").
JURISDICTION AND VENUE
2. The claims asserted herein arise under and pursuant to Sections 10(b) and 20(a)
Exchange Act [15 U.S.C. §§ 78j(b) and 78t(a)] and Rule 10b-5 promulgated thereunder by the
and Exchange Commission ("SEC") [17 C.F.R. § 240.10b-5].
3. This Court has jurisdiction over the subject matter of this action pursuant to 28
SNIPPETS:
Plaintiff has alleged the following based upon the investigation of plaintiff's counsel,
a review of United States Securities and Exchange Commission filings by ConAgra Foods Inc.,
, as well as regulatory filings and reports, securities analysts reports and
This is a federal class action on behalf of purchasers of the common stock of ConAgra
Exchange Act and Rule 10b-5 promulgated thereunder by the Securities
Many of the acts charged herein, including the preparation and dissemination of materially
and misleading information, occurred in substantial part in this District.
their chief executive offices and principal place of business within this District.
In connection with the acts alleged in this complaint, defendants, directly or indirectly,
The individual defendants identified below,
positions with the Company, directly participated in the management of the Company, was
management, earnings and present and future business prospects, and to correct any
and caused plaintiff and other members of the Class to purchase
ConAgra securities at artificially inflated prices.
PLAINTIFF'S CLASS ACTION ALLEGATIONS
Period misrepresented material facts about the business, operations, financial statements of
Defendant Rohde commented as follows:
Our preliminary findings indicate that certain conduct at UAP circumvented generally accepted
After reviewing the results of the investigation, the Company has determined that UAP
$6,483,400,000, and net income of $109,300,000, or $0.23 basic earnings per share.
The unaudited interim financial information included herein reflects the adjustments
second quarter of 1999, the Company reported net sales of $6,404,400,000, and net income of
securities relying upon the integrity of the market price of ConAgra's securities and market
|
