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DAKA INTERNATIONAL CLASS ACTION LITIGATION Click to find out why . . .



Keywords & Phrases
CaseNo: DICAL216927, CourtName: CLASS ACTION CASES, State: MA Massachusetts, UniqueCaseRef: LCD>DICAL216927, Daka, Report, Fuddruckers, Securities, Sales, Common Stock, Exchange, Class Action, Lau, Analysts, Motion, Restaurants, Act, Entry, Defendant Baumhauer, Class Period, Champps, Materially False, Minogue, Matthew, Cosmos Phillips, Rita Venturino, Misleading, Judge George, Management, Communications, Robertson Stephens, Entered Cc/cl, Extend Time, Baumhauer, William, Allegations, Massachusetts, Memorandum, Approve, Granting, Successful, Complaint, Settlement, Piper Jaffray , ContentID: 120249625

Case Documents
1   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 122425
58 pages
TXT
2 1999-11-03 DOCKET
[ see first page and extracted highlights below  ] ItemID: 122426
11 pages
TXT
Total Documents: 2 documents , 69 pages
Price: $ 24.95


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1 . COMPLAINT

EXTRACTED KEY WORDS
DEFENDANTS
REPORT
FUDDRUCKERS
SECURITIES
SALES
COMMON STOCK
EXCHANGE
CLASS ACTION
ANALYSTS
RESTAURANTS
ACT
PLAINTIFFS
DEFENDANT BAUMHAUER
CLASS PERIOD
CHAMPPS
MATERIALLY FALSE
MISLEADING
MANAGEMENT
COMMUNICATIONS
ROBERTSON STEPHENS
ALLEGATIONS
MASSACHUSETTS
SUCCESSFUL
PIPER JAFFRAY
NEGATIVELY IMPACT FUDDRUCKERS
FOODSERVICE
INTER ALIA
CONFERENCE
SHAREHOLDERS
                     UNITED STATES DISTRICT COURT
                  FOR THE DISTRICT OF MASSACHUSETTS


___________________________________
                                   )
RITA VENTURINO, COSMOS PHILLIPS    )  Civil Action No. 96-12109
and MATTHEW MINOGUE on behalf      )
of themselves and all others       )
similarly situated,                )
                                   )  CLASS ACTION COMPLAINT
                       Plaintiffs, )
                                   )
               v.                  )
                                   )  PLAINTIFFS DEMAND A
DAKA INTERNATIONAL, INC. and       )  TRIAL BY JURY
WILLIAM H. BAUMHAUER,              )
                                   )
                       Defendants. )
___________________________________)


          Plaintiffs, by their attorneys, for their Class Action

Complaint, make the following allegations upon personal knowledge

as to themselves and their own acts and as to all other matters

upon information and belief based upon, inter alia, the

investigation made by and through their attorneys, which

investigation has included a review of the public filings of DAKA

International, Inc. ("DAKA" or the "Company") with the Securities

and Exchange Commission ("SEC"), published reports and news

articles regarding DAKA and other reliable sources derived from

plaintiffs, investigation.  Plaintiffs believe that further

substantial evidentiary support will exist for the allegations

set forth below after a reasonable opportunity for discovery.

  __________________________________________________________________________

SNIPPETS:
  • DAKA INTERNATIONAL,
  • Plaintiffs, by their attorneys, for their Class Action
  • make the following allegations upon personal knowledge
  • Inc. with the Securities
  • defendants and certain related parties,
  • Securities Exchange Act of 1934 and related
  • common stock throughout the Class Period.
  • Prior to and throughout the Class Period,
  • materially false and misleading statements and omissions
  • regarding sales results at the Company's Fuddruckers,
  • misleading and lacking in reasonable basis due
  • Corporate Place, 55 Ferncroft Road, Danvers, Massachusetts.
  • telephone communications and the facilities of the national
  • foodservice and restaurant company operating in the contract
  • foodservice management industry and in the restaurant industry.
  • Fuddruckers restaurants, which specialize in moderately-priced,
  • "Champps Sports Cafe," and the exclusive rights to develop Champps
  • Baumhauer signed the Form 10-K report filed
  • Defendant Baumhauer was
  • presentations to securities analysts and other public statements
  • Company during the Class Period were Robertson Stephens & Company
  • communications included, but were not limited to, conference
  • successful in hiding these material problems and trends from the
  • We negotiated a price so high for me and my shareholders
  • inter alia, the reasons stated in ¶¶ 39-46 above.
  • Similarly, on November 2, 1995, Piper Jaffray
  • negatively impact Fuddruckers' sales results going forward.

  • 2 . DOCKET

    EXTRACTED KEY WORDS
    MOTION
    ENTRY
    MINOGUE
    MATTHEW
    COSMOS PHILLIPS
    RITA VENTURINO
    JUDGE GEORGE
    ENTERED CC/CL
    EXTEND TIME
    BAUMHAUER
    WILLIAM
    MEMORANDUM
    COUNSEL
    APPROVE
    GRANTING
    COMPLAINT
    SETTLEMENT
    DISMISS
    SUPPORT
    SELECTION
    APPOINTMENT
    AFFIDAVIT
    FUNDS
    DISTRIBUTION
    DUMAIN
    SANFORD
    FEES
    COURT
    PLAINTIFFS
    
    Case docket was last updated on: 11/03/99.
    
    
    Docket as of November 3, 1999 10:22 pm               Page 1
    
    Proceedings include all events.
    1:96cv12109 Venturino, et al v. Daka International, et al         CLOSED
    
                                                                CLOSED
                           U.S. District Court
              U.S. District Court - Massachusetts (Boston)
    
                  CIVIL DOCKET FOR CASE #: 96-CV-12109
    
    Venturino, et al v. Daka International, et al               Filed: 10/18/96
    Assigned to: Judge George A. O'Toole, Jr.    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
    
    
    RITA VENTURINO                    Edward F. Haber
         Plaintiff                    (COR LD NTC)
                                      Shapiro, Grace & Haber
                                      75 State Street
                                      Boston, MA 02109
                                      617-439-3939
    
                                      Sanford P. Dumain
                                      (COR LD NTC)
                                      Milberg, Weiss, Bershad, Hynes
                                      & Lerach
                                      One Penn Plaza
                                      New York City, NY 10002
    
                                      David J. Bershad
                                      (COR LD NTC)
                                      Jerome M. Congress
                                      (COR LD NTC)
                                      Salvatore J. Graziano
                                      (COR LD NTC)
                                      Milberg Weiss Bershad Hynes &
                                      Lerach LLP
                                      One Pennsylvania Plaza
                                      49th Floor
                                      New York, NY 10119
    
    SNIPPETS:
  • U.S. District Court - Massachusetts
  • Judge George A. O'Toole,
  • MATTHEW MINOGUE, on behalf of Edward F. Haber
  • 10/18/96 1 Complaint filed.
  • (Entry date 10/24/96)
  • 10/18/96 -- Summons issued for Daka International, William H. Baumhauer
  • International (lau)
  • 11/6/96 4 Assented to Motion by Daka International,
  • Baumhauer to extend time to 12/13/96 to respond to
  • granting motion to extend time to 12/13/96 to respond
  • Entered cc/cl
  • 12/17/96 6 Motion by Rita Venturino, Cosmos Phillips, Matthew Minogue
  • of their selection of lead counsel,
  • 12/17/96 7 Memorandum by Rita Venturino, Cosmos Phillips, Matthew
  • Minogue in support of motion for their appointment
  • 12/17/96 8 Affidavit of Rita Venturino, Cosmos Phillips, Matthew
  • Matthew Minogue to be appointed lead plaintiffs for this
  • The motion to approve the selection
  • dismiss plaintiff's complaint, filed.
  • 12/19/97 -- Proposed Stipulation and Agreement of Settlement by Rita
  • for Sanford P. Dumain to appear pro hac vice,
  • Minogue for attorney fees and disbursements,
  • for distribution of class funds,
  • motion for distribution of class
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