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CREE RESEARCH CLASS ACTION LITIGATION Click to find out why . . .



Keywords & Phrases
CaseNo: CRCAL187746, CourtName: CLASS ACTION CASES, State: NC North Carolina, UniqueCaseRef: LCD>CRCAL187746, Cree, Securities, Facts, Class Action, Blue Leds, Neal Hunter, Misleading, Individual Defendants, Production, Complaint, Common Stock, Materially False, Allegations, Material Facts, Cree Research, Exchange Act, Federal Securities Laws, Misrepresentations, North Carolina, Materialize, Representations, Participation, Dissemination, Design Defect, Purchase Cree, Future Business Prospects, Cautions, Differ, Prediction, Presumption, Allege, Safe Harbor, Dismiss, Motion, Carolina, District , ContentID: 120249611

Case Documents
1   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 122316
47 pages
TXT
2 1997-10-17 JUDGMENT
[ see first page and extracted highlights below  ] ItemID: 122317
8 pages
TXT
Total Documents: 2 documents , 55 pages
Price: $ 24.95


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1 . COMPLAINT

EXTRACTED KEY WORDS
CREE
PLAINTIFF
SECURITIES
FACTS
CLASS ACTION
BLUE LEDS
NEAL HUNTER
MEMBERS
INDIVIDUAL DEFENDANTS
COMPLAINT
MISLEADING
COUNSEL
COMMON STOCK
PRODUCTION
BUSINESS
ALLEGATIONS
MATERIAL FACTS
MATERIALLY FALSE
EXCHANGE ACT
FEDERAL SECURITIES LAWS
MISREPRESENTATIONS
CREE RESEARCH
NORTH CAROLINA
REPRESENTATIONS
PARTICIPATION
DISSEMINATION
DESIGN DEFECT
PURCHASE CREE
FUTURE BUSINESS PROSPECTS


                   UNITED STATES DISTRICT COURT

                MIDDLE DISTRICT OF NORTH CAROLINA

____________________________________
                                    |
ARIF H. RASHEEDI on behalf of       |
himself and all others similarly,   |  CASE NO. 1:96CV00890
situated,                           |
                    Plaintiff       |  CLASS ACTION COMPLAINT
                                    |  FOR VIOLATIONS OF
               v.                   |  FEDERAL SECURITIES LAW
                                    |  AND STATE LAW
CREE RESEARCH, INC., CALVIN H.      |
CARTER, JR., JAMES E. DYKES,        |
MICHAEL W. HALEY, F. NEAL HUNTER    |
and ALAN J. ROBERTSON,              |
                                    |
                                    |
                    Defendants.     |
____________________________________|


         Plaintiff makes the following allegations upon

information and belief, except as to allegations specifically

pertaining to plaintiff and his 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

opportunity for discovery.


                     NATURE OF THE ACTION

          1.   This is a class action on behalf of all persons

who purchased the securities of Cree Research Inc. ("Cree" or the

SNIPPETS:
  • Plaintiff | CLASS ACTION COMPLAINT
  • Plaintiff makes the following allegations upon
  • and under the supervision of plaintiff's counsel,
  • This is a class action on behalf of all persons
  • who purchased the securities of Cree Research Inc. ("Cree" or the
  • Securities Exchange Act of 1934 and common
  • On February 1, 1996, defendants stated that Cree
  • production goals for its blue LEDs.
  • share following the belated disclosure of the facts which had
  • The Individual Defendants took advantage of the
  • Cree common stock holdings to the unsuspecting public -- reaping
  • Cree's blue LEDs suffered from a significant
  • design defect that caused them to burn out after only 500 to 1000
  • headquarters and principal place of business in this District at
  • 210 Meridian Parkway, Suite 176, Durham, North Carolina 27713,
  • dissemination of materially false and misleading information,
  • the false and misleading information conveyed in the Company's
  • in violation of the federal securities laws.
  • technologies, production cycles and future business prospects, to
  • representations during the Class Period violated these specific
  • and caused plaintiff and other members of the
  • Class to purchase Cree stock at artificially inflated prices.
  • In an afternoon conference call Neal Hunter, President and CEO stated the following: "We
  • and omitting to disclose material facts necessary to make
  • included the making of, or the participation in the making of,
  • misrepresentations and omissions of material facts set forth

  • 2 . JUDGMENT

    EXTRACTED KEY WORDS
    PLAINTIFFS
    COURT
    MATERIALIZE
    CAUTIONS
    DIFFER
    SECURITIES
    PRODUCTION
    CREE RESEARCH
    PREDICTION
    PRESUMPTION
    MATERIALLY FALSE
    ALLEGE
    SAFE HARBOR
    MISLEADING
    DISMISS
    MOTION
    CAROLINA
    DISTRICT
    UNITED STATES
    CHIPS
    LIABILITY
    DEFENDANT HUNTER
    REFORM
    HARBOR PROVISION
    AMENDED COMPLAINT
    MEMORANDUM OPINION
    CONTEND
    CIRCUIT
    APPEALS
    
    
    
    
    IN THE UNITED STATES DISTRICT COURT
    
                FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
    
    ARIF H. RASHEEDI, on behalf of  :
    himself and others similarly    :
    situated,                       :
                        Plaintiff,  :
                                    :
           v.                       :          1:96CV00890
                                    :
    CREE RESEARCH, INC., et al.,    :
                                    :
                       Defendants.  :
                                    :
    ________________________________:
    FCC PRODUCTS, INCORPORATED, on  :
    behalf of itself and all others :
    similarly situated,             :
                                    :
                       Plaintiff,   :
           v.                       :          1:96CV01069
                                    :
    CREE RESEARCH, INC., et al.,    :
                                    :       CONSOLIDATED CASES
                       Defendants.  :      (filed Oct. 17, 1997)
    ________________________________:
    
    
    
                                JUDGMENT
    
         Consistent with the Memorandum Opinion filed contemporaneously
    
    herewith, Defendants' Motion to Dismiss Plaintiffs' Consolidated
    
    Amended Complaint (13-1, 15-1, 12-1, 14-1) is GRANTED.  IT IS SO
    
    ORDERED that the case is DISMISSED without prejudice.
    
    
                                                    /s/
                                             Richard C. Erwin
                                    ___________________________________
                                    Senior United States District Judge
    
    SNIPPETS:
  • IN THE UNITED STATES DISTRICT COURT
  • FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
  • CREE RESEARCH, INC., et al.,:
  • Defendants.
  • Consistent with the Memorandum Opinion filed contemporaneously
  • Amended Complaint is GRANTED.
  • Defendants' Motion to Dismiss Plaintiffs' Consolidated Amended
  • Defendants fall within the safe harbor provision of the Private
  • Securities Relitigation Reform Act.
  • would attribute the statements to Defendant Hunter.
  • indicates that in order to impose liability,
  • press releases under the group-published information presumption.
  • one recent case in the United States Court of Appeals for the
  • Fourth Circuit has called into question the validity of this
  • Plaintiffs allege that Defendants' Form
  • 10-QSB contained materially misleading and false information.
  • materially false and misleading because "the company represented
  • cause results to differ materially--but not all factors.
  • Defendants contend that they did
  • the Form 10-QSB cautions that in order
  • press releases predicted production of a specified number of chips
  • Defendants' original prediction did not materialize.
  •    |