DAY RUNNER CLASS ACTION LITIGATION - Legal Case Documents


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DAY RUNNER CLASS ACTION LITIGATION

Keywords & Phrases

CaseNo: DRCAL177626, CourtName: CLASS ACTION CASES, State: CA California, UniqueCaseRef: LCD>DRCAL177626, Runner, Act, Securities, Common Stock, Class Action, Violation, Exchange Act, Financial Statements, Complaint, Stull, Freeman, Federal Securities Laws, Misleading, Market, Yourman, Class Period, Damages, Brody, Individual Defendants, Los Angeles, United States, Vahn Alexander, Lisa Jones, Material Facts, Accounting, Disclosures, Catherine Redcliff, California, Entry, Representatives, Motion, Botticelli, Accepted Accounting Principles, Internal Control Structure, Gaap, Materially False , ContentID: 120249634

Case Documents

COMPLAINT B
[ see first page and extracted highlights below ] ItemID: 122439

COMPLAINT A
[ see first page and extracted highlights below ] ItemID: 122438

DOCKET A
[ see first page and extracted highlights below ] ItemID: 122440

DOCKET B
[ see first page and extracted highlights below ] ItemID: 122441

Total Documents: 4 documents , 37 pages

Price: $ 34.95

IVESLCD01 KGI0001

1 . COMPLAINT B

EXTRACTED KEY WORDS

RUNNER
PLAINTIFFS
SECURITIES
ACT
CLASS ACTION
FINANCIAL STATEMENTS
STULL
FEDERAL SECURITIES LAWS
VIOLATION
FREEMAN
YOURMAN
CLASS PERIOD
BRODY
LOS ANGELES
MISLEADING
VAHN ALEXANDER
LISA JONES
INDIVIDUAL DEFENDANTS
ACCOUNTING
EXCHANGE ACT
UNITED STATES
DISCLOSURES
CATHERINE REDCLIFF
BOTTICELLI
ACCEPTED ACCOUNTING PRINCIPLES
MATERIAL FACTS
INTERNAL CONTROL STRUCTURE
GAAP
MATERIALLY FALSE

99cv01161 Jones, et al v Day Runner, Inc, et al - 9/21/99 ComplaintWEISS &
YOURMAN
Kevin J. Yourman (147159)
Vahn Alexander (167373)
Ronald T. Theda (193223)
10940 Wilshire Blvd, 24th Floor
Los Angeles, CA 90024
(310) 208-2800

STULL, STULL & BRODY
Michael D. Braun (170736)
10940 Wilshire Boulevard, Suite 2300
Los Angeles, CA 90024
(310) 209-2468

Attorneys for Plaintiffs






UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION






      LISA JONES and VINCE JONES On Behalf Of Themselves and All Others
      Similarly Situated

      Plaintiffs,

      v.

      DAY RUNNER INC., MARK A. VIDOVICH, JAMES E. FREEMAN, JR., DENNIS K.
      MARQUADT, DONALD E. BOTTICELLI, and CATHERINE REDCLIFF,
      Defendants.
      __________________________________________)
      )
      )
      )
      )
      )
      )

99cv01161 Jones, et al v Day Runner, Inc, et al - 9/21/99 ComplaintWEISS &

Kevin J. Yourman

Los Angeles, CA 90024

STULL, STULL & BRODY

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION

COMPLAINT FOR VIOLATION OF FEDERAL SECURITIES LAWS

Plaintiffs bring this securities class action on behalf of a class of person

During the Class Period, Day Runner reported materially false and misleading financial

result of defendants' wrongful course of conduct, the price of Day Runner commo

these financial statements were deceptive and failed to conform with both mandatory SEC

As a result of these disclosures, plaintiffs have been damaged due to defendants' conscious

financial standards in violation of GAAP and SEC rules.

The jurisdiction of this Court is based upon §27 of the Securities Exchange Act of 1934, 15

The claims asserted herein arise under §§10and 20of the Exchange Act

Plaintiff Lisa Jones acquired Day Runner securities during the Class Period as indicated on

Defendant James A. Freeman,

Defendant Donald E. Botticelli is,

Defendant Catherine Redcliff is, and at all times relevant hereto has been the Vice

Defendants Vidovich, Freeman, Marquadt, Botticelli and Redcliff are collectively referred to

As officers, directors and/or controlling persons of a Company registered with the SEC under

There are questions of law and fact common to all class members which predominate over any Company; Whether defendants issued false financial statements and/or made materially

statements prepared in conformity with generally accepted accounting principles have been

"Consideration of the Internal Control Structure in a Financial Statement Audit

2 . COMPLAINT A

EXTRACTED KEY WORDS

RUNNER
DEFENDANTS
COMMON STOCK
PLAINTIFF
COMPLAINT
MARKET
DAMAGES
LAW
EXCHANGE ACT
SECURITIES
MEMBERS
REPRESENTATIVES
MISLEADING
COUNSEL
CALIFORNIA
NET INCOME
REPORTED SALES
ATTORNEYS
RELEPHONE
BROADWAY
MATERIAL FACTS
VIOLATION
INDIVIDUAL DEFENDANTS
CHIEF OPERATING OFFICER
UNITED STATES
REASONABLE COSTS
PURCHASE
DIRECTLY RELATING
DEFENDANTS FREEMAN

 1  CHOENGOLD & SPORN, P.C.
 2  iamuel P. Spom, Esq. (SPS-4444)
       Xistopher  Lometti  (CL-9 124)
 3  'ay P. Saltanan (JPS-7335)
       !33 Broadway
 4  rJew  York, New York  10279
       relephone: (212) 964-0046
 5  LAW OFFICES OF LIONEL Z. GLANCY
 6  Lionel Z.  Glancy (134180)
       I801 Avenue of the Stars,  Suite  3 11
 7  20s Angela, California  90067
       relephone:  (310) 201-9150
 8  4ttorneys for Plaintiff
 9
10                                     UNITED STATES DISTRICT COURT
                                       CENTRAL DISTRICT OF CALIFORNIA
11
12
13                      Plaintiff,                                                                 
14
              V.
15

16

17

18
19                      Plaintiff,  individually and  on behalf of a 111  other persons similarly 
20  undersigned counsel, for its complaint, alleges upon personal knowledge as to itself and its
21  and upon information and belief as to all other matters, based upon, inter alia, the
22  by and through its attorneys, as follows:
23                                             N A T W  OF ACTION
24            1.        PIaintiff brings this action  as a class action on behalf of itself and 
25  who purchased the common stock of Day  Runner, Inc. CDay  Runner" or the "Company")  on the
26  open  market during the period October 20,1998 through and including August 3 1,1999 (the
                                                                                                   
27  Period") to recover damages caused by defendants' violation of the federal securities laws. 
28  the Class Period, defendants issued to the investing public false and misleading financial



 1  and  press releases concerning Day Runntr's  publicly reported revenue and net income.
 2           2.      The materially false and  misleahng statements, which are described in detail
 3  concerned the Company's financial  condition, and were contained in public statements, filings
 4  the Securities and Exchaoge  Commission ("SEC',) and press releases.  AS a result ofthese false
 5  misleading statements, the market price of the Company's  common stock was artificially inflated
 6  during the Class Period.
 7           3.       On August 3 1, 1999, Day Runner  shocked the investing community when it

LAW OFFICES OF LIONEL Z. GLANCY

California 90067 relephone:

22 by and through its attorneys,

25 who purchased the common stock of Day Runner, Inc. CDay Runner" or the "Company") on the

27 Period") to recover damages caused by defendants' violation of the federal securities laws.

defendants issued to the investing public false and misleading financial statements

and press releases concerning Day Runntr's publicly reported revenue and net income.

the market price of the Company's common stock was artificially inflated

19 Exchange Act of 1934, 15 U.S.C. $5 78j@) and 78t, and Rule lob-5, 17

Parkway, Imine, California.

Its products are carried by approximately 20,000 retail stores across 10 the United States.

Chief Operating Officer and Chief Executive Officer.

17 as to constitute a fraud and deceit upon plaintiff and the other members of the Class.

affiliates, legal representatives, heirs, predecessors, successor and assigns of m y of rhe

25 md has retained counsel competent and experienced in class actions and securities

time the defendants faiIed to disclose or misrepresented material facts and the time

23 reported sales of S47,73 1,000, up 25.2% from $38,138,000 in the comparable period in the

The September 30,1998 10-Q G vas signed by defendants Freeman and Mquardt.

19 was, among other things, to induce plaintiff and the other members of the Class to

Throughout the Class Period, Day Runner acted through the Individual Defendants, 26 whom it

COMPLAINT FOR VIOLATIONS OF THE SECURmES EXCHANGE ACT OF 1934

beyond my pro rata share of any possible recovery, except for an award, as ordered by the

and expenses directly relating to our representation of the Class.

Schoengold & Sporn, P.C., 233 Broadway, New York, NY 10279 232-8092

EXTRACTED KEY WORDS

ENTRY
DEFENDANT
RUNNER
MRGO
ORD
PROP
LEAD CNSL
APPVL
LEAD PLFS
APPT
CONSOLIDATE
DOCKET
SECURITIES
DISCOVERY ELGIN EDWARDS
CARTER
JUDGE DAVID
MAHLER
COURT
DISTRICT
SPECIFICS
PRE-TRIAL ORDER
SUPPT
GLANCY
LIONEL
DECLARATION
SUPPORT
LAW
MEMORANDUM
LODGED PROP ORD

Docket as of December 7, 1999 (retrieved 1/2/00)

Proceedings include all events.
8:99cv1096 Arnold Nelson Mahler, et al v. Day Runner, Inc, et al         (EEx)

                                                            (EEx)
                       U.S. District Court
          Central District of California (Southern Div)

               CIVIL DOCKET FOR CASE #: 99-CV-1096

Arnold Nelson Mahler, et al v. Day Runner, Inc, et al       Filed: 09/02/99
Assigned to: Judge David O. Carter
             Referred to: Discovery Elgin Edwards
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


ARNOLD NELSON MAHLER              Samuel P Sporn
     plaintiff                    (COR LD NTC)
                                  Jay P Saltzman
                                  (COR LD NTC)
                                  Christopher Lometti
                                  (COR LD NTC)
                                  Schoengold & Sporn
                                  233 Broadway
                                  New York, NY 10279
                                  212-964-0046

                                  Lionel Z Glancy
                                  FAX 310-201-9160
                                  (COR LD NTC)
                                  Lionel Z Glancy Law Offices
                                  1801 Avenue of the Stars
                                  Ste 311
                                  Los Angeles, CA 90067
                                  310-201-9150


ROBERTA JO MAHLER FAMILY TRUST,   Samuel P Sporn
on behalf of itself and all       (See above)
others similarly situated         (COR LD NTC)
     plaintiff                    Jay P Saltzman
                                  (See above)
                                  (COR LD NTC)

Docket as of December 7,

U.S. District Court

Central District of California

Arnold Nelson Mahler, et al v.

Day Runner, Inc, et al Filed: 09/02/99 Assigned to: Judge David O. Carter

Cause: 15:78mSecurities Exchange Act

referred to Discovery Elgin Edwards

(Entry date 09/07/99)

11/1/99 3 NOTICE OF MOTION AND MOTION by defendant Day Runner,

motion hearing set for 8:30 12/6/99 Lodged prop ord (mrgo)

11/1/99 4 MEMORANDUM OF LAW IN SUPPORT by defendant Day Runner,

of dft's motion to consolidate cases, motion for appt

of lead plfs, motion for appvl of lead cnsl,

11/1/99 5 DECLARATION of Lionel Z Glancy by defendant Day Runner,

in suppt of dft's motion to consolidate cases,

12/1/99 6 PRE-TRIAL ORDER #1 approved by Judge David O. Carter (see

doc for specifics)

EXTRACTED KEY WORDS

DOCKET
ENTRY
JONES
ELGIN EDWARDS
DISCOVERY
COURT
DISTRICT
PLF LISA JONES
CERTIFICATION
CATHERINE REDCLIFF
DONALD BOTTICELLI
DENNIS MARQUADT
FREEMAN
JAMES
VIDOVICH
MARK
RUNNER
PLAINTIFF
BRAUN
MICHAEL
VINCE
SECURITIES EXCHANGE ACT
DKT
CIVIL DOCKET
SOUTHERN DIV
CALIFORNIA
CENTRAL DISTRICT

Docket as of September 23, 1999 (retrieved 1/2/00)

Proceedings include all events.
8:99cv1161 Lisa Jones, et al v. Day Runner, Inc, et al                   (EEx)

                                                            (EEx)
                       U.S. District Court
          Central District of California (Southern Div)

               CIVIL DOCKET FOR CASE #: 99-CV-1161

Lisa Jones, et al v. Day Runner, Inc, et al                 Filed: 09/21/99
Assigned to: Judge David O. Carter           Jury demand: Plaintiff
             Referred to: Discovery Elgin Edwards
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


LISA JONES, On Behalf of          Michael D Braun
Herself and All Others            FAX 310-209-2087
Similarly Situated                (COR LD NTC)
     plaintiff                    Stull Stull & Brody
                                  10940 Wilshire Blvd
                                  Suite 2300
                                  Los Angeles, CA 90024
                                  310-209-2468

                                  Kevin J Yourman
                                  FAX 310-209-2348
                                  (COR LD NTC)
                                  Vahn Alexander
                                  (COR LD NTC)
                                  Ronald Thomas Theda
                                  (COR LD NTC)
                                  Weiss & Yourman
                                  10940 Wilshire Blvd
                                  24th Fl
                                  Los Angeles, CA 90024
                                  310-208-2800


VINCE - JONES, On Behalf of       Michael D Braun
Himself and All Others            (See above)
Similarly Situated                (COR LD NTC)
     plaintiff

Docket as of September 23,

U.S. District Court

Central District of California (Southern Div)

CIVIL DOCKET FOR CASE #:

Referred to: Discovery Elgin Edwards

Dkt# in other court: None

Cause: 15:78mSecurities Exchange Act

VINCE - JONES, On Behalf of Michael D Braun

DAY RUNNER, INC

MARK A VIDOVICH

JAMES E FREEMAN, JR

DENNIS MARQUADT

DONALD BOTTICELLI

CATHERINE REDCLIFF

Elgin Edwards (Entry date 09/23/99)

9/21/99 2 CERTIFICATION of Interested Parties filed by plf Lisa Jones


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