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VISX INC CLASS ACTION LITIGATION Click to find out why . . .


Keywords & Phrases
CaseNo: VICAL166514, CourtName: CLASS ACTION II, State: CA California, UniqueCaseRef: LCD>VICAL166514, California, Bar, San Francisco, Securities Litigation, Gold Bennett Cera, Sidener Llp, Market Street, Firm, Suite, Common Stock, Exchange, Transitional Hospitals, Thc, Representation, Securities, Conte, Simpson, Visx, Antitrust Litigation, Cch, District Court, Disclose, Transitional Hospitals Corporation, Law School, Exchange Act, Allegations, Securities Exchange Act, Massachusetts Bar, Plaintiffs Norman, Judith Rose, United States, Class Period, Suffolk University Law, Federal Securities Laws , ContentID: 120251991

Case Documents
1   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 126504 		11 pages
PDF
2 2000-06-02 PROOF OF SERVICE
[ see first page and extracted highlights below  ] ItemID: 126506 		7 pages
PDF
3 2000-06-02 DECLARATION
[ see first page and extracted highlights below  ] ItemID: 126505 		32 pages
PDF
Total Documents: 3 documents , 50 pages
Price: $ 29.95


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1 . COMPLAINT

EXTRACTED KEY WORDS 
DEFENDANTS
EXCHANGE
TRANSITIONAL HOSPITALS
LAW
THC
SECURITIES
CONTE
SIMPSON
COMMON STOCK
MEMBERS
DISCLOSE
COUNSEL
TRANSITIONAL HOSPITALS CORPORATION
EXCHANGE ACT
ALLEGATIONS
CLASS PERIOD
MATERIAL FACTS
MARKET PRICE
NEGLIGENT MISREPRESENTATION
REPRESENTATIVES
ALLEGATIONS RELATING
LAW OFFICES
MISLEADING
ACQUISITION
ACUTE CARE
SUFFERED SUBSTANTIAL DAMAGES
PURCHASE THC
BHC
TRANSACTION





G. Mark Albright
ALBRIGHT, STODDARD, WARNICK & ALBRIGHT
Quail Park Suite D-4
801 South Rancho Drive
Las Vegas, Nevada 89106
Telephone: (702) 384-7111

Jeffrey S. Abraham
LAW OFFICES OF JEFFREY S. ABRAHAM
60 East 42nd Street, Suite 4700
New York, Now York 10165
Telephone: (212) 692-0555

Attorneys for Plaintiff

                             IN THE UNITED STATES DISTRICT COURT
                                      FOR THE DISTRICT OF NEVADA

----------------------------------------------------------------  X
JULES BRODY, individually and on behalf                               :
of all others similarly situated,                                     :
                                                                      :  Civil Action No.
                      Plaintiff,                                      :  CV-S-97-00747-PMP (RLH)
           vs.                                                        :
                                                                      :
TRANSITIONAL HOSPITALS CORPORATION,  :
WENDY L. SIMPSON and RICHARD L. CONTE  :
                                                                      :
                      Defendants.                                     :
----------------------------------------------------------------      :  JURY TRIAL DEMANDED
                                                                      : X




                                     CLASS ACTION COMPLAINT
Plaintiff, by and through his attorneys, make the following allegations upon information
and belief, except as to the allegations relating to plaintiff and his counsel, which are
alleged upon personal knowledge. Plaintiff's information and belief is based upon the
investigation conducted by plaintiffs' attorneys, which investigation has included, without
limitation, a review and analysis of filings made by defendants and others with the
Securities and Exchange Commission ("SEC") and a review and analysis of press
releases distributed by defendants.
SNIPPETS:
  • LAW OFFICES OF JEFFREY S. ABRAHAM
  • Plaintiff, by and through his attorneys, make the following allegations upon information and
  • Plaintiff's information and belief is based upon the investigation conducted by plaintiffs'
  • This action arises out of defendantat failure to timely disclose an existing written offer to C when, in fact, at that time, the negotiations had reached an advanced stage with actual firm
  • Plaintiff sold thousands of shares of THC common stock during the time period during which
  • Plaintiff brings this action as a class action asserting claims arising under Sections 10and
  • including the preparation and dissemination of materially false and misleading disclosures is
  • Plaintiff's sale was made at a market price that was artificially depressed by defendants'
  • Defendant Transitional Hospitals delivers long- term acute care services through several
  • Defendant Wendy L. Simpson is, and at all relevant times was, a member of the Board of
  • Defendant Richard L. Conte is, and at all relevant times was, the Chairman of the Board of
  • Because of the positions held by defendants Simpson and Conte as executives and directors of
  • Excluded from the Class are defendants, the officers and directors of the Company, members of
  • After paying down debt, taxes, severance costs, transaction fees and other related costs, the
  • the Company announced an agreement to sell its U.S. psychiatric operations to privately- held
  • These open-market purchases of THC common stock gave rise to a duty on the Company's part to
  • On April 26, 1997, the Company's Board of Directors met to consider the acquisition proposals

    • 2 . PROOF OF SERVICE

    		EXTRACTED KEY WORDS 
    LEAD PLAINTIFFS
SAN FRANCISCO
STATE BAR
JUDITH ROSE
SUITE
LERACH LLP
SAN DIEGO
WEISS BERSHAD HYNES
MILBERG WEISS BERSHAD
DISTRICT
EXHIBIT
APPROVE
COUNSEL
APPOINT
NORMAN
SIDENER
PALO ALTO
MILL ROAD
ROSATI
WILSON SONSINI GOODRICH
I11
STIGI
JOHN
ARRIETA
PENNSYLVANIA
DOYLESTOWN
GOLDMAN
MARK
LIBERTY SQUARE

                 1  GOLD  BENNETT  CERA & SIDENER  LLP
                  STEVEN 0. SIDENER  (State  Bar  No. 121 062)
            n
            L     JOSEPH  M.  BARTON  (State  Bar  No.  188441)
                  STEVEN  J.  MULLIGAN  (State Bar No.  196035)
            3  595  Market Street, Suite 2300
                  San Francisco, California 94105-2835
            4  Telephone: (41 5 )  777-2230
                  Facsimile: (4 15)  777-5 1 89
            5  Attorneys for Plaintiffs Norman and Judith Rose
            6  and All Others Similarly Situated

            7

            8                                       UNITED  STATES  DISTRICT  COURT
            9                                 NORTHERN  DISTRICT  OF  CALIFORNIA
           10                                          SAN  FRANCISCO  DIVISION
           11

           12  In re VISX, INC. SECURITIES                           Case  No.  C-00-0649-CRB
                   LITIGATION
           13                                                        CLASS  ACTION
           14                                                        PROOF OF SERVICE
           15  This Document Relates To:                            Date:  June  2,2000
           16                                                       Time:  1O:OO a.m.
                  ALL RELATED  ACTIONS                              Place:  Courtroom  of the
           17                                                              Honorable Charles R.
           18

           19

           20

           21

           22

           23

           24

           25

           26

           27

           28
    SNIPPETS:
  • GOLD BENNETT CERA & SIDENER LLP
  • L JOSEPH M. BARTON (State Bar No. 188441)
  • San Francisco, California, 94105-2835.
  • 11 APPOINT NORMAN AND JUDITH ROSE AS LEAD PLAINTIFFS AND TO APPROVE
  • 14 LEAD PLAINTIFFS AND APPROVING LEAD PLAINTIFFS' CHOICE OF COUNSEL;
  • 19 together with this Proof of Service, on all parties listed on the attached Exhibit I, by
  • 24 States District Court for the Northern District of California, I forwarded a hard copy of
  • Milberg Weiss Bershad Hynes & Lerach LLP 999 Third Avenue, Suite 3600
  • Milberg Weiss Bershad Hynes & Lerach LLP San Diego, California 92 101 8 100 Pine Street, Suite
  • One Liberty Square
  • Mark S. Goldman
  • Doylestown, Pennsylvania 18901
  • Aileen L. Arrieta
  • r John P. Stigi, I11
  • L Wilson Sonsini Goodrich & Rosati
  • - 650 Page Mill Road
  • Palo Alto, California 94304-1 050

    • 3 . DECLARATION

    		EXTRACTED KEY WORDS 
    CALIFORNIA
BAR
SAN FRANCISCO
SECURITIES LITIGATION
GOLD BENNETT CERA
PLAINTIFFS
BUSINESS
COUNSEL
SIDENER LLP
ATTORNEYS
MEMBER
LAW
MARKET STREET
FIRM
SUITE
REPRESENTATION
VISX
ANTITRUST LITIGATION
CCH
DISTRICT COURT
LAW SCHOOL
COMMON STOCK
SECURITIES EXCHANGE ACT
MASSACHUSETTS BAR
PLAINTIFFS NORMAN
UNITED STATES
SUFFOLK UNIVERSITY LAW
FEDERAL SECURITIES LAWS
JUDITH ROSE

                 1  GOLD  BENNETT CERA & SIDENER LLP
                   STEVEN 0. SIDENER (State Bar No. 121062)
            2  JOSEPH  M.  BARTON (State Bar No. 188441)
                   STEVEN J. MULLIGAN (State Bar No. 196035)
            3  595 Market Street, Suite 2300
                   San Francisco, California 94105-2835
            4  Telephone: (4 1 5) 777-2230
                   Facsimile: (415) 777-51 89
             5  Attorneys for Plaintiffs Norman and Judith Rose
             6  and All Others Similarly Situated

             7

             8                                    UNITED  STATES  DISTRICT  COURT
             9                              NORTHERN DISTRICT OF CALIFORNIA
            10                                       SAN FRANCISCO  DIVISION

            11

            12  In re VISX, INC. SECURITIES                         Case No. C-00-0649-CRE3
                    LITIGATION
            13                                                      CLASS ACTION
            14                                                      DECLARATION  OF  STEVEN 0.
                                                                    SIDENER  IN  SUPPORT OF MOTION
            15                                                      TO  APPOINT  NORMAN AND JUDITH
                                                                    ROSE AS  LEAD  PLAINTIFFS  AND
            16                                                      APPROVE  LEAD  PLAINTIFFS'
                                                                    CHOICE  OF COUNSEL
            17

            18  This Document Relates To:                           Date:  June 2,2000
                                                                    Time:  1O:OO  a.m.
            19  ALL  RELATED  ACTIONS                               Place:  Courtroom of the
                                                                           Honorable Charles R.
            20

            21
            22

            23
            24
            25

            26

            27

            28
    SNIPPETS:
  • SIDENER (State Bar No. 121062)
  • San Francisco, California 94105-2835
  • Attorneys for Plaintiffs Norman and Judith Rose
  • partner with Gold Bennett Cera & Sidener LLP, counsel to plaintiffs Norman and Judith Rose.
  • distributed by Business Wire over the Internet.
  • Yahoo - Milberg Weiss Files Class Action Suit Against VISX Inc. and Its Officers and
  • The complaint charges VISX and certain of its officers and directors with violations of the
  • The complaint alleges that defendants' false and misleading statements about the steady and EPS of $1.70-1 30, artificially inflated the price of VISX stock to a Class Period high of $103-7/8
  • Plaintiff seeks to recover damages on behalf of all purchasers of VISX common stock during
  • Milberg Weiss has been actively engaged in commercial litigation, emphasizing securities and
  • The firm has offices in New York, San Diego, San Francisco, Los Angeles and Boca Raton and is
  • I did not purchase or otherwise acquire the common stock of VISX, Inc. that is the subject of
  • I have neither sought to serve nor served as a representative party on behalf of a class in
  • J will not accept any payment for serving as a representative party on behalf of the Class
  • 595 MARKET STREET, SUITE 2300
  • the Firm also has had significant antitrust litigation experience.
  • Antitrust Law Section, the Federal Regulation of Securities Committee of the Corporation,
  • Mr. Bennett is also a member of the Class Actions and Derivative Suits and Securities
  • Association and the United States District Court for the Northern District of California
  • Mr. Bennett was a featured speaker at the Stanford Law School session on Securities Fraud
  • (CCH)
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